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 3 > Part 20
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I am, Sir, with due refpect, Your moft humble fervant,
WALTER BRYENT.
Rev. Mr. Belknap.
No. XIV.
Hr. SPROULE's account of an examination of the south boundary of New- Hampshire.
THE point at Hinfdale, where the foutherly line of the Province of New-Hampfhire ftrikes Connecticut river, lies in 42° 43' 59" north latitude, and the pine tree from whence this line begins, lies in 42° 41 2"; (both latitudes are de- duced from accurate aftronomical obfervations tak- en by Mr. Wright) but had this line been run on a due weft courfe, deducting the variation of the nee- dle, the point where it mects Connecticut river, fhould lie in the fame parallel of latitude with the pine tree ; now it appears the difference of latitude is 2 miles and 53 feconds of the equator, and the extent of the line from the pine tree to Connecticut river, is found to be 55 ftatute miles, from an actu-
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al furvey: thefe lines from the bafe and perpendicular of a triangle, containing 59,872 acres, which quan- tity of land the Province of New-Hampfhire would have gained, had the line been run on a due weft courfe from the pine tree, exclufive of variation.
GEORGE SPROULE.
Portfmouth, April 8th, 1774.
No. XV.
Copy of the return of a survey of the northern part of New-Hampshire, 1789.
WE, the fubfcribers, a committee for afcertaining the wafte lands in the State of New- Hampfhire, have proceeded to run the line on the eafterly fide of faid State, the fame *courfe that the line was formerly run and fpotted between this State and the Maffachufetts. We begun to meafure and fpot at the northeaft corner of Shelburne in this State, and meafured on to the waters of Umbagog lake, which is 16 miles and 240 rods, then acrofs a branch of faid lake 54 rods, then 14 rods on the land to a river that is 6 rods wide, and runs wefter- ly into faid lake, then meafured on the land 1 mile and 226 rods to faid lake, then acrofs the water 40 rods, then over a neck of land 16 rods to an arm of faid lake, then acrofs the water 235 rods, then we continued on our courfe 195 rods to faid lake, then acrofs faid lake about 34 miles, then we meafured and fpotted 2 miles and 226 rods to Margallaway river, that runs about fouth-weft, and is about 10 rods wide, and empties into Amorifcoggin river, a little below faid lake ; then we meafured on our courfe 1 mile and 70 rods, and croffed faid Mar- gallaway river again, which will more fully ap-
* In the orders given to WALTER BRYENT by Governor BELCHER, 1741, it is stil ' The true north 2 degrees west, is by needle N. 3 º E.'
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pear by the plan herewith exhibited ; we continued on our line, meafured and fpotted to the high lands that divide the waters that fall into the river St. Lawrence and the Atlantic Ocean. From the north- eaft corner of Shelburne to faid high lands is 54 miles, and we marked a tree at the end of every mile, ex- cept where miles ended on water, from one to 54 miles inclufive, where we marked a large birch tree that ftands on faid high lands, thus N. E. 54 M. NEW-HAMPSHIRE, 1789, for the north-caft cor- er of New-Hampfhire, and piled ftones round frid tree ; then from faid north-eaft corner, where we marked the birch, we meafured and fpotted fouth- wefterly and wefterly on faid highlands about 6 miles, then we run about weft, meafured and mark- ed a tree at the end of every mile from faid birch, marked 54 miles, at the north-eaft corner of faid State from 1 to 17 miles and 200 rods to the head of the northweft of Connecticut river, and marked a fir tree N. H. N. W. 1789, for the north-weft branch corner of New-Hampfhire, then down faid river or north-weft branch to the main river about half a mile below latitude 45° north, which will more ful- ly appear by the plan. The mountains, ftreams and waters are laid down on the plan very accurate where the line we run croffed them, but where they were at fome diftance from our line we laid them down by conjecture.
JOSEPH CRAMM,
JEREMIAH EAMES. Surveyors. JOHN SULLIVAN, EBENEZER SMITH, NATHAN HOIT, JEREMIAH EAMES. J A true copy .- Atteft JOSEPH PEARSON, Secretary.
Committee.
Portsmouth, January 6, 1790.
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No. XVI.
Description of a survey made by JAMES GRANT, one of Cant. HOLLAND's party, in 1773, or 1774, to explore the country, for a road, between the upper part of Connecticut river, and the river of St. Francis.
FROM the mouth of Leach's! river which falls into Connecticut river on the weft fide, near the 45th degree of latitude, up to the eaftern fide of Leach's river - -
Thence to crofs faid river among the mountains - - - -
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Thence to a pond under the eaft- ern fide of a mountain
Thence to another pond -
N10 W
Thence on the fame courfe
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Thence to a fmall river which falls into Memphrimagog river - -
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Thence acrofs faid little river to the lower crotch of Memphrimagog river - - -
N21 W
Thence croffing Memphrimagog river, a ftrait line on the N W fide, to its junction with the river of St. Fran- cis - - - | N 30 E
courfe. -
dift.
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Thence to the height of Land -
N 30W N30 W
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33 3 3 51
11 44
The country from Connecticut river to the Height of Land is very hilly, with high mountains on the eaft and weft of the line run, in the direc- tion of which a road may be conveniently made.
From the Height of Land to St. Francis river there is a gradual defcent through a plain country ;
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the foil in general of a good quality, and in fome parts extraordinary fine ; particularly for about four miles beyond the Height of Land, and for twenty miles on this fide of St. Francis river ; which river, with its branches, are bordered with fine in- tervales.
The principal growth between the Height of Land and St. Francis River, is beech, maple, birch, hemlock and fir ; very few white pines, and no oak of any fort ; many cedar, fpruce and hemlock fwamps intervene ; but none fo moraffy as to im- pede a road, for which this extent of country in the direction above defcribed, is in general as well adapted as poffible.
No. XVII.
A REPORT from the LORD'S COMMISSIONERS for TRADE and PLANTA- TIONS on a complaint made by PETER LIVIUS, Esquire, against JOHN WENTWORTH, Esquire, Governor of the Province of New-HAMP- . SHIRE.
TO THE KING's MOST EXCELLENT MAJESTY.
May it please your Majesty,
PETER LIVIUS, Efquire, one of your Majefty's Council for the Province of New-Hamp- fhire, in North America, having, on the ninth of July, prefented a memorial unto us, complaining of the conduct of John Wentworth, Efquire, Your Maj- efty's Governor of that Province, and charging him with Oppreffion and Mal-adminiftration in the gov- ernment thereof : And it appearing, upon reference to the papers and records in our office, that the journals of the Council of faid Province, as a Coun- cil of State, and to which the complainant referred
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for proof of moft of the facts flated in his memori- al, had not been tranfmitted fince the com- mencement of Mr. Wentworth's adminiftration : We thought it our duty immediately to fend to the faid Governor, a copy of the memorial of com- plaint ; and to require him, to lofe no time in tranf- mitting to us a full and explicit anfwer to the fev- eral charges alledged againft him, accompanied with fuch depofitions and proofs in his own behalf as he fhould think proper ; giving, at the fame time, full liberty to Mr. Livius, or any other perfon con- cerned, to make affidavit, before any judge or other Magiftrate, of what they knew concerning the fub- ject matter of the faid complaint ; and that fuch Judge or other Magiftrate fhould be likewife en- joined, to fummon fuch perfons as the complainant, or any other in his behalf, fhould name.
That the Secretary fhould be likewife enjoined to give attefted copies (from the records) of the min- utes of the Council, and of any other concerned. And if it fhould appear as alledged by Mr. Livius, that the faid minutes or other records were defec- tive, in any matter required by him or them ; or that thofe tranfactions which were alledged to have paffed at any meetings of the Council, had been omitted to be entered on the journal ; then that the Secretary fhould, in fuch cafes, be further enjoined to give evidence, upon oath, touching fuch defect or omiffion.
That the faid Governor and the complainant, or other perfen or perfons, fhould interchange the faid proofs and depofitions as foon as the fame fhould have been made ; and that twenty days fhould be allowed, as well for himfelf, as the complainant, or other perfon concerned, to make his or their reply by affidavit or otherwife, to be in like manner inter- changed, and afterwards certified and tranfmitted
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to us, under the feal of the Province ; that we might be enabled to reprefent to your Majefty, on the true ftate of this affair, purfuant to the powers and di- rections contained in our commiffion under the great feal.
In confequence of the foregoing directions, your Majefty's Governor has tranfmitted to us his anfwer to each article of complaint contained in Mr. Livi- us's memorial, accompanied with attefted copies of the Journals of the Council, as a Council of State, from the commencement of his adminiftration, and of fuch depofitions as have been taken to fupport the facts alledged by the Governor in defence of his conduct. And we have taken the faid complaint and anfwer into our confideration, together with Mr. Livius's reply to the faid anfwer, copies of all which are hereunto annexed ; and having heard counfel learned in the law, as well in fupport of the complaint, as of the Governor's defence ; we hum- bly beg leave to reprefent to your Majefty there- upon :
That it does appear, upon full examination and clear evidence ;
Firft, That your Majefty's Governor of New- Hampfhire has, in concurrence with the Council for the faid Province, compofed almoft altogether of his own kindred or relations by blood or marriage, ta- ken upon him to refume and re-grant many large tracts within the faid Province, the property of your Majefty's fubjects by virtue of feveral former grants ; upon bare fuggeftion only, that the condi- tions of fuch former grants had not been complied with, and without the intervention of a Jury, or any proof or evidence whatever, to eftablifh the fact of fuch default.
Secondly, That thefe refumptions have been made without any notice (except in one or two ca-
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fes) to the proprietors of fuch tracts, fo refumed ; and that, in fome inftances, in which the Governor and Council did think fit to allow time to the pro- prietors of certain tracts to make good the condi- tions of their grants, fuch grants were neverthelefs refumed, and the lands re-granted, long before the expiration of the time allowed, and without any no- tice given to the parties.
Thirdly, That the faid Governor did, without any Jegal procefs whatever, refume and regrant feveral tracts of land referved to the faid late Governor within each of the townfhips, granted by him, and which refervations he had, by his will, devifed to his widow ; and that fuch refumption was made in confequence of a refolution of the Council, ' That ' the faid refervations did not convey the premifes, ' they being granted by the Governor to himfelf.'
Fourthly, That, pending an action brought in the Inferior Court of Common Pleas, in which your Majefty's Governor was interefted, and which he admits was brought for his benefit, the Judges were, in three fucceffive terms, changed, and efpecial Judges appointed : That, in the ftanding Court of Common Pleas which firft fat in judgment upon the action brought by the Governor, a queftion arifing out of the action was decided againft the Governor's intereft : That in the fecond term, two Judges were appointed, which together with one of the Judges of the ftanding Court abovementioned, adopted the decifion of the former court : That, in the third term, two of the Judges were again chang- ed, when the fame queftion was again brought for- ward, and decided in the fame manner as above : That, in the fourth term, two of the Judges who fat in the former court were removed, and a new bench appointed, confifting of Jacob Sheaffe and John Philips, Efquires, who had not acted in that
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العسال والسكر
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capacity in any of the preceding Terms, and of Na- thaniel Folfom, who had ferved in the terms, and who is ftated to have been uniformly of opinion for , the Governor in the queftion that had been agitat- ed upon the action in which the faid Governor was interefted ; and that, in the laft mentioned court, the faid queftion was a fourth time brought on to trial, and a judgment obtained in favor of the Gov- ernor, though afterwards reverfed in the Superior Court in confequence of a Writ of Error.
Thefe, may it pleafe your Majefty, are the mate- rial parts of the charge exhibited againft Mr. Went- worth ; nor is there any other part of the complaint exhibited by Mr. Livius, upon which any evidence has been produced to us, that does, in our humble opinion, lay the foundation for cenfure upon the Governor's conduct. What we have ftated, with refpect to the refumption and re-granting of lands, is not, we think, to be juftified, either by the plea of ufage or expediency, or by the opinion of the At- torney and Solicitor General in one thoufand feven hundred and fifty-two, upon which the Governor lays fo great ftrefs ; which opinion appears to us, upon full examination of it, to be confined to a par- ticular cafe ftated to them, not correfponding with the cafes in which the conduct of Mr. Wentworth is complained of ; and that, if it was applicable to fuch cafes, yet it does not, in our humble opinion, warrant any refumption of lands, claimed as pri- vate property under grants from the crown, upon bare fuggeftion only, that the conditions have not been complied with ; but on the contrary does, we humbly conceive, imply, that the fact of the de- fault fhould be firft found in a regular courfe of law. We further crave leave humbly to reprefent, that, admitting the faid opinion did warrant fuch a proceding, in refpect to grants, the conditions of
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which had not been complied with, which we con- ceive it does not ; yet it is certainly not applicable either to the cafe of lands refumed and re-granted before the term allowed for fulfilling the conditions of fettlement were expired ; or to the cafe of the ref- ervations to the late Governor, devifed by him to his widow, the refumption and re-granting of which, in manner above ftated, upon an extrajudicial opinion of the Council, was, in our judgment, unwarranta- ble and unjuft. And we fubmit, whether the mif- conduct of your Majefty's Governor, under thefe heads of complaint, is not greatly aggravated by his having omitted, from the commencement of his ad- miniftration, to tranfmit the journals of the Coun- cil, as a Council of State ; a neglect for which he is certainly refponfible, and by which tranfactions of the greateft importance to your Majefty's intereft and the right of your Majefty's fubjects have been concealed from your Majefty's knowledge ; and the Governor and his Council have gone on, for a feries of years, in a courfe of very irregular proceedings, without controul.
With regard to what has been proved refpecting the change of the Judges, though afferted, in a great number of depofitions tranfmitted by the Govern- or, to have been confonant to the ufage and practice in the Colony ; it is yet, in our humble opinion, a proceeding that, under all the circumftances attend- ing it, is of a very extraordinary nature, and does lead to the fufpicion and prefumption of very un- worthy conduct on the part of your Majefty's Gov- ernor. And, upon the whole, we humbly fubmit, ' That the complaint against Mr. Wentworth, fo far ' as it regards the facts above ftated, has been fully 'verified:' At the fame time it is our duty to reprefent, that the reports which we have received, through different channels, of the fituation of affairs within
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your Majefty's government of New-Hampfhire, do all concur in reprefenting ' the Colony to have been, ' ever fince Mr. Wentworth's appointment, in a ' ftate of peace and profperity ; that its commerce ' has been enlarged and extended, the number of its : inhabitants increafed ; and every attempt made to ' excite the people to diforder and difobedience has ' been, by the firm and temperate conduct of Mr. ' Wentworth, fuppreffed and reftrained.' But upon the whole, we humbly fubmit, whether Mr. Went- worth's conduct, in the inftances of the mal-admin- iftration with which he has been charged, has been fuch as renders him a fit perfon to be entrufted with your Majefty's interefts in the important flation he now holds.
All which is humbly fubmitted. Signed, SOAME JENYNS.
W. JOLIFFE. BAMBER GASCOYNE. GREVILLE. GARLIES.
White-Hall. May the 10th, 1773.
No. XVIII.
Report of the Committee of the Privy Council, and its acceptance by the King.
(COPY.) At the Court at St. James's the 8th Day of October, 1773. PRESENT THE KING's MOST EXCELLENT MAJESTY.
(L. S.)
EARL OF .SUFFOLK, -
LORD NORTH,
EARL OF SANDWICH,
RICHARD RIGBY,
VIS. BARRINGTON,
GEORGE ONSLOW.
WHEREAS there was this day read at the board, a report from the Right Honorable the Lords of the Committee of council for plantation
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affairs,* dated the 26th of Auguft laft, in the words following ; viz.
" Your Majefty having been pleafed, in confe- quence of a memorial prefented to your Majefty fromSir Thomas Wentworth, Baronet, Paul Went- worth, Efquire, and Thomas Macdonagh, fecretary to John.Wentworth, Efquire, Governor of the Prov- ince of New-Hampfhire, to refer unto this commit- tee a reprefentation from the Lords Commiffioners for trade and plantations, dated the 10th of May laft, upon a complaint exhibited to the faid Lords Commiffioners againft the faid Governor Went- worth, by Peter Livius, Efquire, one of your Maj- efty's Council for the faid Province, together with feveral other papers tranfmitted by the Earl of Dart- mouth, one of your Majesty's principal Secretaries of State, to the Lord Prefident of the Council, relative to the faid complaint : The Lords of the commit- tee, in obedience to your Majefty's faid order of ref- erence, have met feveral times, and taken the faid matters into confideration, and have heard Counfel on both fides. And, having maturely weighed and confidered the complaint againft the faid Governor, the anfwer of the faid Governor, and the reply of the faid Peter Livius, Efquire, together with the proofs on all fides, and the faid reprefentation of the Lords Commiffioners for trade and plantations ; the Lords of the committee do humbly reprefent to your majefty,
" That the firft article of Charge, contained in the above mentioned reprefentation of the Lords Commiffioners for trade and plantations, fets forth, ' That your Majefty's Governor of New-Hamp- fhire has, in concurrence with the Council for the
* LORD'S OF THE COMMITTEE.
Lord Suffolk President, Arch Bishop of Canterbury, Sir Fletcher Norton, -
Sir Eardly Wilmot,
Sir Thomas Parker.
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faid Province, compofed almost altogether of his own kindred, or relations by blood or marriage, taken upon him to refume and re-grant many large tracts of lands within the faid Province, the property of your Majefty's fubjects, in virtue of for- mer grants, upon bare fuggeftion only, that the conditions of fuch former grants had not been com- plied with, and without the intervention of a jury, or any proof or evidence whatfoever, to eftablifh the fact of fuch default.
" With refpect to which article, the Lords of the Committee do humbly report to your Majefty, That, by the law of England, when lands are granted to a man and his heirs, upon condition, the breach of the condition muft be found by a jury, under a commiffion, iffuing out of the Court of Chancery, before your Majefty can feize and re- grant the fame ; But, in the Province of New- Hampfhire, there is no Court of Chancery, or other court, empowered to iffue fuch a commiflion ; and though the general rule is, that the law of England takes place in your Majefty's Colonies, yet it muft be always underftood to mean fuch part of the law as is fuited and adapted to the ftate of the Colony, and to the frame and nature of the conftitution ef- tablifhed there ; and though the Governor, in con- currence with the Council for the faid Province, hath refumed and re-granted many tracts of lands within the faid Province, which had been former- ly granted to other perfons, yet no evidence hath been laid before the committee of any fuch refump, tions and re-grants having been made, without proof or public notoriety that the conditions of fuch former grants had not been complied with ; and no complaint hath been, or is now made by any perfon fuppofed to be injured by fuch refumptions and re-grants.
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" The fecond article ftates; ' That thefe refump- tions have been made without any Notice (except in one or two cafes) to the proprietors of fuch tracts fo refumed ; and that in fome inftances, in which the Governor and Council did think fit to allow time to the proprietors of certain tracts to make good the conditions of their grants, fuch grants were nevertheless refumed, and the lands re-granted, long before the expiration of the time allowed, and with- out any notice given to the parties.'
" As to which article, the Lords of the Commit- tee do humbly report to your Majefty, 'That it hath | not been proved that any refumptions have been made, without notice to the proprietors of fuch tracts fo refumed ; and it is no part of the original complaint made by Mr. Livius, that in any inftance, in which the Governor and Council thought fit to allow time to the proprietors of lands to make good the conditions of their grants, fuch grants were re- fumed, and the lands re-granted, before the expira- tion of the time allowed ; and the Governor not having had an opportunity of anfwering that com- plaint, the Lords of the committee are humbly of opinion, no notice can be taken of it.
" The third article reprefents, ' That the faid Governor did, without any legal process whatfoev- er, refume and re-grant feveral tracts of land, re- ferved to the late Governor, within each of the townfhips granted by him, and which refervations he had by his will devifed to his widow ; and that fuch refumption was made in confequence of a ref- olution of the Council, that the faid refervations did not convey the premises, they being granted by the Governor himfelf.
" With refpect to this article, the Lords of the committee do humbly report, That the lands were granted, but not referved to the late Governor and
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his heirs in each of the townfhips granted by him ; but being granted by your Majefty, in your Maj- efty's name, and not in the Governor's name, the grants were fufficient to convey the lands fo grant- ed to him, and the Council was miftaken in think- ing them infufficient ; and the Lords of the Com- mittee find, that after fuch an opinion given by the Council, the Governor did, with their advice, re- fume and re-grant feveral tracts of lands, which had been granted by the late Governor within each of the townfhips, as aforefaid ; But it hath not been proved that the faid lands were re-granted in truft for himfelf; and in many inftances it hath been proved, that fuch lands were re-granted to differ- ent inhabitants in the faid Province, for their own ufe and benefit ; and the reprefentatives of the late Governor's widow to whom he had devifed the fame, have not complained of any injury or op- preffion by fuch refumption and re-grants.
"And the fourth article alledges, ' That pending an action brought in the Inferior Court of Common Pleas, in which your Majefty's Governor was inter- efted, and which he admits was brought for his benefit, the Judges were in three fucceffive terms, changed, and fpecial Judges appointed : That, in the ftanding Court of Common Pleas, which firft fat in judgment upon the action brought by the Governor, a queftion arifing out of the action, was decided againft the Governor's intereft : That, in the fecond term, two new judges were appointed, which, together with one of the Judges of the ftanding Court above mentioned, adopted the de- cifion' of the former Court : That, in the third term, two of the judges were again changed when the fame queftion was again brought forward, and decided in the fame manner as above ; that in the fourth term, two of the Judges, who fat in the for-
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mer Court, were removed, and a new Bench ap- pointed, confifting of Jacob Sheaffe and John Phil- lips, Efquires, who had not acted in that capacity in any of the preceding terms, and of Nathaniel Folfom, who had ferved in the two preceeding terms, and who is ftated to have been uniformly of opinion for the Governor, in the queftion that had been agitated upon the action in which the faid Governor was interefted ; and that in the laft men- tioned Court, the faid queftion was a fourth time brought on to trial, and a judgment obtained in favour of the Governor, though afterwards reverf- ed in the Superior Court in confequence of a Writ of Error.'
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