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 8
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With refpect to the boundary line, between New-Hampfhire and Maine ; the controvert- ed points were, whether it fhould run up the mid lle of the river, or on its north-eaftern fhore ; and whether the line, from the head
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of the river, fhould be due north-weft, or on- 1737. ly a few degrees weftward of north.
The grand point on which the whole con- troverfy refpecting the fouthern line turned, was, whether the charter of William and Mary granted to Maffachufetts, all the lands which were granted, by the charter of Charles the firft ? On this queftion, the Commif- fioners did not come to any conclufion. Rea- fons of policy might have fome weight, to render them indecifive ; but, whether it were really fo or not, they made and pronounced their refult in the following words. In ' pur- Sept. 2. ' fuance of his Majefty's commiflion, the MS Copy.
' Court took under confideration, the eviden- ' ces, pleas, and allegations offered and made ' by each party ; and upon mature advife- fetts Af- ' ment on the whole, a doubt arofe in point 35. ' of law ; and the Court thereupon came to
Journal of Maffichu-
fembly, p.
' the following refolution. That if the char- ' ter of King William and Queen Mary, grants ' to the Province of Maffachufetts Bay, all ' the lands granted by the charter of King ' Charles the firft, lying to the northward of ' Merrimack river ; then the Court adjudge ' and determine, that a line thall run, paral- ' lel with the faid river, at the diftance of three ' Englifh miles, north from the mouth of the ' faid river, beginning at the foutherly fide of ' the Black Rocks, fo called, at low water ' mark and from thence to run to the crotch, ' where the rivers of Pemigewaffet and Win- ' ipifeogee meet ; and from thence due north ' three miles, and from thence due weft, to- ' ward the fouth fea, until it meets with his
' Majefty's other governments ; which fhall ' be the boundary or dividing line, between
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HISTORY OF
1737. ' the faid Provinces of Maffachufetts and ' New-Hampfhire, on that fide. But, if other- ' wife, then the Court adjudge and determine, ' that a line on the foutherly fide of New- ' Hampfhire, beginning at the diftance of " three miles north, from the foutherly fide of ' the Black Rocks aforefaid, at low water ' mark, and from thence running due weft, ' up into the main land, toward the fouth ' fea, until it meets with his Majefty's other 'governments, hall be the boundary line be- ' tween the faid Provinces, on the fide afore- ' faid: Which point in doubt, the Court hum- ' bly fubmit, to the wife confideration of his ' moft facred Majefty, in his Privy Council ; ' to be determined according to his royal will ' and pleafure.
' As to the northern boundary, between ' the faid Provinces, the Court refolve and de- ' termine ; that the dividing line fhall pafs ' through the mouth of Pifcataqua harbour, ' and up the middle of the river of Newich- ' wanock, (part of which is now called Sal- 'mon-Falls) and through the middle of the ' fame, to the fartheft head thereof, and from ' thence north, two degrees wefterly, until 'one hundred and twenty miles be finifhed, ' from the mouth of Pifcataqua harbour afore- ' faid ; or until it meets with his Majefty's ' other governments. And, that the dividing ' line fhall part the Ifles of Shoals, and run ' through the middle of the harbour, between ' the iflands, to the fea, on the foutherly fide ; ' and that the fouthwefterly part of faid ifl- " ands fhall lie in, and be accounted part of, ' the Province of New-Hampfhire ; and that " the north-eafterly part thereof fhall lie in,
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" and be accounted part of, the Province of 1737. ' Maffachufetts Bay ; and be held and enjoy- ' ed by the faid Provinces refpectively, in the "fame manner as they now do, and have here- ' tofore held and enjoyed the fame.
1. And the Court do further adjudge, that ' the coft and charge arifing by taking out ' the Commiffion, and alfo of the Commif- ' fioners and their officers, viz. the two Clerks, 'Surveyor and Waiter, for their travelling ex- ' penfes, and attendance in the execution of the ' fame, be equally borne by the faid Provinces.'
Thus this long depending queftion, after all the time, expenfe and argument, which it had occafioned, remained undecided.
When this evafive decree was publifhed, the Commiffioners adjourned, to the four- teenth of October, to receive appeals ; and the fame day, the Governor, at the requeft of the Council only, adjourned the Affembly of New-Hampfhire to the twelfth of October. By this fudden adjournment, it was impotfi- ble for them to obtain a copy of the decree, before their difperfion, or to frame an appeal, till two days before the time, when it muft have been prefented. The Affembly of Mat- fachufetts continued their feffion, at Salifbu- ry, five days longer. On the fifth of Sep- tember, they obtained copies of the royal Commiffion, and the decree of the Commif- fioners, which they entered on their journal. On the fixth, they agreed upon an appeal ; and on the feventh, at the united requeft of both Houfes, the Governor adjourned them to the 12th of October.
The fudden adjournment of the Affembly of New-Hampfhire, when that of Maffachu-
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Printed brief.
1737. fetts continued their feffion, was unfortunate for Governor Belcher ; and gave his oppo- nents another advantage, to purfue their grand defign againft him. The reafons affigned for it were, that the report of the Commif- fioners being fpecial, the whole matter would of courfe come before the King, without any appeal from either Province. For this rea- fon, a majority of the Council were againft an appeal. That as the committee, appointed in April, had the fame power to act in the recefs, as in the feffion of the Affembly ; and, as the Council were againft appealing ; fo the appeal could not be made, by the whole Affembly, and therefore the Governor thought, that the beft fervice which he could do to the Province, was to adjourn the Affem- bly, and leave the whole bufinefs in the hands of the committee. With refpect to the fhort time, between the 12th and 14th of October, it was obferved, that the claim of New-Hamp- fhire was contained in a few lines, and their exceptions to the judgment of the Commif- fioners might be prepared in a quarter of an hour.
Od. 12.
Both Affemblies met again, in the fame places, at the appointed time. The Repre- fentatives of New-Hampfhire having, by the help of their committee, in the recefs of the Affembly, obtained the papers, framed their exceptions and fent a meffage, to know if the Council were fitting ; but the Council be- ing determined againft an appeal, had met and adjourned, without doing any bufinefs. The Houfe therefore was reduced to the ne- ceflity of defiring the Commiffioners to receive their appeal, without the concurrence of the
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Governor and Council. The appeal, from 1737. the Affembly of Maffachufetts, was prefented in due form, authenticated by the Speaker, Secretary and Governor. Their committee entered a proteft againft the appeal of New- Hampfhire, becaufe it was not an act of the whole Legiflature ; neverthelefs, the Com- miffioners received it, and entered it on their minutes, Having received thefe appeals, the Commiffioners adjourned their Court to the firft of Auguft in the next year, but they nev- er met again.
The Affembly of Maffachufetts appointed Edmund Quincy and Richard Partridge fetts Jour- Maffichu- Agents, to join with Francis Wilks, their form- nal of af- fembly . er agent, in the profecution of their appeal before the King ; and raifed the fum of two thoufand pounds fterling, to defray the ex- penfe.
When the Reprefentatives of New-Hamp- fhire propofed the raifing of money, to profe- cute their appeal, the Council nonconcurred briet. the vote. Their reafons were, that the ap- peal was not an act of the Council ; that they had no voice in the appointment of the agent ; and, that at the beginning of the affair, the Houfe had declared to the Council, that the expenfe of it would be defrayed by private Subscription.
At this feffion of the Maffachufetts Affem- bly, Mr. Belcher put them in mind that he had fuffered in his intereft, by the continual- ly finking value of their bills of credit, in which his falary was paid ; a point which he had, often before, urged them to confider. II. 390, In anfwer to this meffage, they made him a grant of £333,6,8, in bills of the new tenor. o. 19. Journal,
Printed
Hutchinfos
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HISTORY OF
1737. The fame day, they made a grant of the like fum, to the Prefident of Harvard College. Both thefe fums appear to have been juftly due ; and at any other time, no exception could have been made to either. But, be- caufe the grant to the Governor happened to be made, at the fame time with the grant of £2000 fterling to the agents, his opponents pretended, that he received it as a bribe, from the Affembly of Maffachufetts, for favoring their caufe.
MASS.
The appeal of New-Hampshire, from the judgment of the Commillioners, was found- ed on the following reafons. With refpect to the foutherly line ; becaufe it made the Black Rocks, lying in a bay of Merrimack river, the point from which the three miles were to be meafured ; which point was three quarters of a mile north of the river's mouth ; and, becaufe a line, parallel with the river, was not only impracticable, but founded on the old charter, which had been vacated ; and, if practicable, yet ought not to go farther than the river held a wefterly courfe. With refpect to the northern boundary, they ob- jected to that part of the judgment only, which directed the line to run up the middle of the river ; alleging that the grant to Gor- ges was only of land, between that river and Kennebec ; and that New-Hampfhire had al- ways been in poffeffion of the whole river, and had maintained a fortrefs which com- manded its entrance.
The appeal of Maffachufetts was grounded on the following reafons. That by the char- ter of William and Mary, the old Colony of Maffachufetts was re-incorporated without
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any exception ; that this charter empowered the Governor and General Affembly to grant all lands, comprehended in the old Colony ; that the committee of New-Hampfhire ac- knowledged, that New-Hampfhire lay with- out the late Colony of Maffachufetts, by de- claring that it was between that and the Prov- ince of Maine ; that the weft line, claimed by New-Hampshire, would crofs Merrimack riv- er, thirty miles from its mouth, and exclude forty miles of faid river out of Maffachufetts, though declared, by both charters, to be in it. They objected to extending the line of New-Hampfhire till it fhould meet with his Majefty's other governments ; becaufe accord- ing to Mafon's grant, New-Hampfhire could extend no farther than fixty miles from the fea. With refpect to the northern boundary, they objected to a line north, two degrees weftwardly, alleging that it ought to be on the northweft point ; they alfo excepted to the protraction of this line, till it fhould mees with his Majefty's other governments ; al- leging that it ought to extend no farther than one hundred and twenty miles, the fixed lim- its of the Province of Maine.
It was unfortunate for Maffachufetts that their committee had brought Mafon's grant, in evidence to the Commiffioners, and again recited it in their appeal ; for a line of fixty miles from the fea would crofs Merrimack river, long before the fimilar curve line, for which they contended, could be completed. Befides, Mafon's grant extended to Naum- keag ; which was much further fouthward, than they would have been willing to admit.
It may feem curious and unaccountable to
1737.
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HISTORY OF
1737. moft readers, that the Commiffioners fhould determine the northern, or rather eaftern bounds of the northern part of New-Hamp- fhire, to be a line drawn north, two degrees wefterly, from the head of Salmon-fall River ; when the exprefs words of Gorges' patent are 'north weftward.' The agents for Maf- fachufetts, when this claim was put in by New-Hampfhire, could hardly think it was ferioufly meant, when it was alleged that by northweftward muft be underftood, north a little weftward. The only oftenfible reafon, MS min- given for this conftruction was, that if a northweft line had been intended, then a
Hutchin-
fon 11, 389.
utes of the Commil- fioners. foutheaft line, drawn from the mouth of the harbour, would leave all the lfles of Shoals in New-Hampfhire ; whereas, the dividing line runs between them. On the other fide, it might have been faid, with equal proprie- ty, that a line drawn fouth, two degrees eaft, from the mouth of the harbour, would leave all thefe iflands in Maffachufetts. For the point where the iflands are divided bears fouth, twenty-nine degrees eaft, from the Obferved 1781. middle of the harbour's mouth ; the varia- tion of the needle being fix degrees weft.
When this affair was again agitated in England, the agents of Maffachufetts obtain- ed a certificate from the learned Dr. Halley, that a line northweftward ought to run for- ty-five degrees weftward of the north point. This was demonftratively true ; but there were political reafons for diffenting from mathematical demonftration. One of them is thus expreffed, in a private letter, from a committee of the Affembly, to their agent Thomlinfon. ' We hope that the northern
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'line will be but a few degrees to the weftward 1737. ' of north, that his Majefty's Province may in- ' clude the greateft number, and beft maft 'trees for the royal navy.' Though this thought might never have occurred to a mathematician, yet fome of the commiffion- ers were doubtlefs acquainted with it; and it was too important, not to have been com- municated to the King's minifters. Anoth- er political reafon of diffent was, that by en- larging New-Hampfhire, there would be a better profpect of obtaining a diftinct Gov- ernor which was the grand object in view.
The new agent of Maffachufetts, Edmund 1738. Quincy, died of the fmall pox, foon after his arrival in London. The affair was then left in the hands of Wilks and Partridge, neither of whom underftood fo much of the contro- verfy as Thomlinfon ; who was alfo far fu- perior to them in addrefs. In his letters, to his friends in New-Hampfhire, he frequently blames them for their negligence, in not fending to him the neceffary papers in proper feafon ; and when fent, for the want of cor- rectnefs and regularity in them. But their deficiency was abundantly compenfated by the dexterity of his folicitor, Parris ; who drew up a long ' petition of appeal ;' in which, all the circumftances, attending the whole tranf- action, from the beginning, were recited, and colored, in fuch a manner, as to afperfe the Governor and Affembly of ' the vaft, opulent, 'overgrown Province of Maffachufetts ;' while ' the poor, little, loyal, diftreffed Prov- 'ince of New-Hampfhire' was reprefented as ready to be devoured, and the kings own property and poffeffions fwallowed up, by
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Feb. 4.
1738. the boundlefs rapacity of the charter govern- ment. Concerning the manner in which this mafterly philippic was framed, and the prin- cipal object at which it was directed, there can be no better evidence, than that which is contained in a letter, written by Parris to Thomlinfon, and by him fent to New-Hamp- fhire. ' Two nights ago, I received a heap ' of papers from you, about the lines ; and ' have been four times to the Colony Office, 'and Board of Trade, to difcover what I could ' in this imperfect affair ; but cannot fee the ' cafe, till after Tuefday next. Notwithftand- 'ing which, I have, as well as I can, without ' proper materials, drawn up a long petition 'of appeal, to his Majefty ; and as the Maffa- ' chufetts have not yet prefented theirs, I fend ' you the draught of it, and hope we fhall ' have our appeal, as well as the petition, 'from the New-Hampfhire Affembly, in, be- ' fore the Maffachufetts get theirs in. Had 'your principals confidered the great confe- ' quence of being firft, furely, in all this time, ' they would have fent you a copy of their ' proceedings, in order to have enabled us to ' be firft ; but, as it is, I am forced to quefs at ' matters, and afirm falts at adventure, or upon 'dubious paffagres in letters; which is a fad way ' of proceeding, and I will we do not miftake
' fome facts. They oblige us to make brick ' without ftraw. Above all, why did they 'not fend a copy of their own appeal ? ' For want of it, I have been forced to guess ' what that appeal was, from loofe paffages in
' Mr. A's letters. Beg them, immediately to 'order, an exact copy to be made of all their ' votes, from March to October laft. Had
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' thefe votes come over regularly and authen- 1738. ' tically, his EXCELLENCY would have been 'baken quite down, in a few weeks by them. ' You'll obferve, I have laid it on bim pretty
' handfomely, in my petition to the King. **
Thus the petition of appeal became a peti- tion of complaint, againft the Governor and Affembly of Maffachufetts, Copies were de- livered to their agents, and the Governor was ordered to make anfwer to the allegations againft him. At the fame time, Thomlinfon advifed his friends in New-Hampfhire, to prepare their proofs, as filently as poffible ; and by no means to give any offence to the Themlin- Governor ; affuring them of the favorable lertese. fon's MS difpofition of feveral Lords of the Privy Council, as well as the Board of Trade, to- ward their caufe; and that they had need to be in no pain, about the event.
The death of Mr. Quincy at this critical period, and the length of time neceffary to prepare and fend over anfwers, to the com- plaint which Parris had thus artfully drawn up, obliged the agents of Maffachufetts to fuf- pend the prefenting of their appeal for fever- al months.
". This petition is printed at large, in the Journal of the Maffachufetts Affembly for 1738, with their vindication annexed, in which they call the petition 'a chain of blundering, if not malicious falfchoods.'
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CHAP. XVIII.
Revival of MASON's claim. Accufations againft BELCHER, real and forged. Royal cenfure. Final establishment of the lines. HUTCHINSON's agency. Spanish war. BELCHER'S zeal and fidelity. His removal. Examination of his character.
THE fpirit of intrigue was not confined to New-Hampfhire ; for the poli- ticians of Maffachufetts, by bringing into view the long dormant claim of Mafon, had another game to play, befides proving the fmall extent of New-Hampfhire. They per-
12 ceived that the line, whether fettled accord- ing to their own demand or that of New- Hampfhire, would cut off a confiderable part of feveral of their townfhips ; and though they had, by their agent, obtained a promife, that private property fhould not be affected by the line of jurifdiction, yet they thought it beft to have fome other fecurity.
For what reafon the government of Maf- fachufetts did not purchafe the Province of New-Hampfhire, from Robert Mafon, at the fame time (1677) that they purchafed the province of Maine, from the heirs of Gor- ges, we are not now able precifely to deter- mine. It is probable that the purchafe might See Val I. then have been cafily made, and much con- troverfy prevented. When it was fold, by John and Robert Mafon, to Samuel Allen (1691) the bargain was made in England ; and the lands were, by fiction of law, fuppofed to be there ;* by which means, the procefs
P. 118.
* In the process by which the entail was then docked, the Situation of the lands is expreffrd in thefe words.
'In New-Hampshire, Main, Mafonia, Laconia, Mafon -hall and MA- [ riana, in New. England, in America, in the parish of Greenwich ? MS in Proprietary Office.
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refpecting the fine and recovery was carried on in the Court of King's bench. During the lives of the two Mafons, no notice was taken of the fuppofed flaw ; and the fale to Allen was not difputed. The brothers re- turned to America. John the elder, died without iffue. Robert married in New- England, and had a fon ; who, after the death of his father, conceived hopes of invalidating Allen's purchafe, and regaining his paternal inheritance ; which it was fuppofed could not have been transferred by his father and un- cle, for any longer term, than their own lives. It was alfo faid that the fiction, by which the lands were defcribed, to be within the jurifdiction of the Courts of Weftminfter Hall, rendered the proceedings void ; and therefore that the entail was ftill good. Filled with thefe ideas, he made ftrenuous exertions, to acquire money, to aflift him in realizing his. expectations; but died in the midft of his days, at the Havanna, whither he had made a voyage (1718.) with this view. His eldeft fon, John Tuf- ton, was bred to a mechanical employ- ment in Bofton ; and came of age, about the time in which the controverfy between the
two Provinces was in agitation. He inher- ited the enterprifing fpirit of his anceftors, and the public controverfy called his atten- tion to his intereft. On this young man, 1738. the polticians caft their eyes ; and having confulted council on the validity of his claim, and the defect of the transfer ; they encouraged him to hope, that this was the MS copy moft favorable time to affert his preten- of Read's and Auch-
fions. Had they purchafed his claim at muty'so. once ; they might doubtlefs have obtained finices
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July z.
Journal of
Adamzbly.
1738. it for a trifle, and have greatly embarraffed the views of their antagonifts. Inflead of fuch a ftroke of liberal policy, they treated with him, concerning the releafe all of thofe' lands, in Salifbury, Amefbury, Haverhill, Methuen and Dracut, which the line would cut off ; and, for five hundred pounds cur- rency, obtained a quit-claim of twenty-three thoufand fix hundred and feventy-five acres. They alfo admitted his memorial to the Af- fembly; in which he reprefented to them, that his intereft might probably be affect- ed, by the final determination of the line, and praying that the Province would be at the expenfe of his voyage to England, to take proper meafures for fecuring it. To this they confented, on condition that he fhould prove his defcent from Capt. John Mafon, the original patentee. , Depofitions were ac- MS copies cordingly taken in both Provinces, to which the public feals were affixed ; and they put him under the direction of their agents, or- dering his expenfes to be paid, as long as they fhould judge his prefence in England fervicea- ble to their views.
in the pro- prietary of- fice .
Agent's Letters in Secretary's Office of Maflash-
The agents ftated his cafe to their Coun- cil, the King's folicitor ; and afked his opin- ion how they fhould proceed ; but he advi- fed them, not to bring him into view, left the Lords fhould think it an artifice, intended to perplex the main caufe. On this confideration, they difmiffed him from any farther atten- dance ; and paid his expenfes, amounting to above ninety pounds fterling .*
* Mr. Hatchinfon, in his History of Manfachufetes, has paffed over thie whole tranfaction in Glence ; though it is well known that he was one c# the managers of it. See Journal of Maff, Rep. June 2, 1738, p. 11.
三
mud svode
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Such a tranfaction, though conducted as 1738. privately as the nature of the thing would admit, did not efcape the vigilance of Thom- lingfon ; who, on finding Mafon detached from the agents of Maffachufetts, entered in- to an agreement with him, for the releafe of his whole intereft, to the affembly of New- Hampfhire ; in confideration of the payment of one thoufand pounds, currency of New- England. This manœuvre ferved to ftrength- en the intereft of New-Hampfhire, and Thom- linfon was much applauded for his dexterity. He had the ftrongeft inducement, to continue his efforts in their favor ; for no lefs than twelve hundred pounds fterling had been al- ready expended, in profecuting the affair of the line ; which fum had been advanced by himfelf and Rindge. There was no prof- pect of repayment, unlefs the Province could be put under a feparate Governor ; and this point could not be obtained, till the removal of Belcher.
The Agents of Maffachufetts, after a long delay, prefented their appeal ; and followed it with a petition, for the benefit of their July 15 Odober 9 Printed brief sud former protefts, againft the New-Hampfhire appeal ; objecting alfo to its regularity, as it MS letters. contained matters of perfonal complaint, againft the Governor ; which had been no part of the records of the Commiftioners. Thomlinfon finding this new petition thrown in his way, applied for its being immediately heard ; and at the hearing, it was difmiffed, Nov. 30. but withoutprejudice to the agents of Maf- fachufetts being permitted, to object againft the regularity of the New-Hampfhire appeal, . when it fhould come to a hearing. Such
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