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 21
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" With refpect to this fourth article ; the Lords of the committee do humbly report to your Majes- ty, That it appears in evidence to have been the conftant practice, when any of the ftanding Juftices of the Court were interested in any fuit there de- pending, either by being related to any of the par- ties, or otherwife, for fpecial Judges to be appoint- ed ; that there were other caufes depending at the fame time in the Inferior Court of Common Pleas, wherein the ftanding Juftices were either interefted or a-kin to the parties ; and there is no proof that the fpecial Judges were appointed on account of the particular caufe wherein the Governor was con- cerned ; but by many depofitions, and particularly by the depofition of the defendant in the faid caufe, it appears that the fpecial commiffions were folicit- ed in the common form and manner as is ufual in the Province of New-Hampfhire ; and the queftion debated in the faid caufe, being a mere collateral queftion, not refpecting the merits of it, was deter- mined three times for the defendant in the Inferior Court ; but being determined a fourth time for the plaintiff, a Writ of Error was brought into the
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Superior Court, and was finally determined there for the defendant : And the defendant in the faid caufe fwears, that he, neither at that time, nor fince, had any objections either to the faid commiffions, or to the Juftices therein named and appointed, or to either of them.
" And as to what is fubmitted in the faid repre- fentation of the Lords Commiffioners for trade and plantations, ' That the Governor omitted, from the commencement of his adminiftration, to tranfmit the journals of the Council as a Council of State ;'
" The Lords of the Committee do humbly report to your Majefty, That this practice was begun in the late Governor's time ; who acquainted the proper officer, on his delivering a copy of the faid journals in the month of June, 1760, that he need not give himfelf the trouble to make out fuch copies for the future, without his fpecial directions ; and from that time the practice has been difcontin- ued both by the late and prefent Governor. But the Lords of the Committee are of opinion, that it may be proper to revive that practice, and to have a regular tranfmiffion of fuch copies to the Lords Commiffioners for trade and plantations.
" Upon the whole, therefore, the Lords of the Committee fubmit it to your Majefty, THAT THERE IS NO FOUNDATION FOR ANY CEN- SURE UPON THE SAID JOHN WENTWORTH, ESQ. YOUR MAJESTY's GOVERNOR OF NEW- HAMPSHIRE, FOR ANY OF THE CHARGES CONTAINED IN MR. LIVIUS'S COMPLAINT AGAINST HIM; whofe general conduct, in the adminiftration of affairs within your Majefty's gov- ernment of New-Hampfhire, is reprefented to have tended greatly to the peace and profperity of the faid Province.'
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His Majefty, taking the faid report into confider- ation, is pleafed, with the advice of his Privy Coun- cil, to approve thereof, and to order, as is hereby ordered, That the faid complaint of the faid Peter Livius be difmiffed this board. And his Majefty doth hereby further order, That the Governor, or Commander in Chief of the Province of New- Hampfhire, for the time being, do not fail, on any pretence whatever, punctually and regularly to tranfmit to the Lords Commiffioners for trade and plantations, authentic copies of the journals of the Council, as a Council of State.
Signed,
G. CHETWOOD.
No. XIX.
Extract of a Letter from Governor WENTWORTH, to the Earl of DART- MOUTH, dated New-Hampshire, 8th of June, 1774.
[This and the following Letters are taken from the Parliamentary Debates, 1775.]
IN my letter No. 59, I had the honour to write to your Lordfhip, that the General Affem- bly of this province ftood prorogued to the 10th of May, at which time they met and proceeded upon bufinefs. I took great pains to prevail on them not to enter into any extra Provincial meafures, yet one of the members for Portfmouth read in his place the inclofed letter, No. 1, to the committee of correfpon- dence of Portfmouth, but the Houfe then declined confidering it. On Friday, 27th of May, it was moved to appoint committees of correfpondence, and after a warm debate, carried by a majority of two only : The next morning it was reconfidered, and carried by a majority of one only, and paffed as by the inclofures No. 2, and 3. Immediately after this,
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the fupply bill was paffed and fent up to the Coun- cil, being withheld, as I imagine, for time to effect the other meafure. I directly adjourned the Affem- bly, and kept them under fhort adjournments till this day, in hopes to obtain a fufpenfion of thefe votes ; but finding there were two letters in town for the fpeaker, which, fome of thofe who were moft active, faid, were to appoint a Congrefs of the Colo- nies, I confidered it to be improper to admit their proceedings, and therefore immediately put an end to the committees (who have not as yet wrote or act- ed) and to the Affembly, by a diffolution in a mef- fage (No. 4, herewith tranfinitted) cautioufly expref- fed, in fuch general terms, as to prevent any mifrep- refentations. The mode of diffolution after fuch fhort adjournments, which are attended by a few mem- bers, precluded any meeting of thofe perfons to con- trive undefirable meafures, or purfue thofe in their private capacity, that were attempted as an Affembly, which has extremely difconcerted, and I hope will counteract, the efforts of thofe who ftrive to lead this Province into combinations with the Maffachufetts- Bay. Before the diffolution, all the ufual and ne- ceffary bufinefs of the Province was completed, that no detriment can arife from my delaying to call an Affembly, in expectation that a few weeks will con- vince thofe who may be members, of the imprudence and error of meafures that tend to weaken or fubvert the fubordination of the Colonies.
No. XX.
Extract of a Letter from Governor WENTWORTH to the Earl of DART- MOUTH, dated New-Humfishire, 4th July, 1774.
ON the 25th of June, at night, arrived here the Grofvenor maft-fhip, from London, with 27 chefts of bohea-tea, configned to a merchant in
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Portfmouth ; fometime before the arrival of the fhip, it was reported that a quantity of bohea tea was expected. Hereupon I took effectual precau- tions to counteract the univerfal difquiet of Ameri- ca from contravening the acts of Parliament in this initance, or deftroying the property. By my defire the confignee wrote a letter to the mafter of the fhip, with directions how to proceed on his arrival. This letter I gave to captain Cochran of his Majefty's caf- tle William and Mary, who effected my orders in de- livering it at fea. The 26th, being Sunday, nothing was done. On the 27th the merchant and mafter went carly to the cuftom-houfe, and entered the fhip and cargo. At noon-day the fhip's boats came to the wharf with twenty-feven chefts of tea, carts were prepared, and the tea immediately carried to the cuf- tom-houfe, and there ftored, before any people could affemble to obftruct it. The town not fufpecting any movement until my return from Dover, about ten miles off, where I purpofely ftaid during this firft operation to fecure this event, which I forefaw would be carried quietly, by withdrawing fufpicion, hav- ing confided my plan to proper magiftrates, who I knew would not be difapppointed. In the afternoon a town-meeting was convened upon the occafion. I came to town and paffed on horfeback through the concourfe, who treated me with their ufual kindnefs and refpect. At the meeting, it was reprefented to the people, that the tea being now lodged in the cuftom-houfe, the queftion was to- tally changed, that nothing could be done, but by confent of, and agreement with the merchant. The meeting proceeded with coolness and temper beyond almoft my hope. It was propofed that a committee fhould be chofen, and invefted with powers to treat with the merchant. In this com- mittee of eleven, were many principal gentlemen,
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difcreet men, who I knew detefted every idea of violating property : Men difpofed to prevent mif- chief. The town alfo chofe a guard of frechold- ers, to protect and defend the cuftom-houfe and the tea from any attempt or interruption, which being fincerely intended, was faithfully executed. On the 28th, the confignee accepted and agreed to the propofals of the committee, to export the tea to any market he chofe, upon condition the town should re-fhip and protect it while in the harbour. This they gladly acceded to, and the town upon adjournment confirmed the proceedings ; accord- : ingly the committee and the confignee together were at the cuftom-houfe, where the duty was op- only and regularly paid, and the tea again carted through the ftreets publicly in the day time, with- out noife, tumult, or infult. About 9 o'clock P .: M. three overheated mariners (two of them ftran- gers) endeavored to excite a mob, to deitroy the tea and veffel hired to export it. Whereupon I, sent for Colonel Fenton, who gathered a few gen- tlemen, repaired to the veffel, and with laudable Spirit and prudence they perfonally guarded both veffel and cargo in fafety till the next morning. On the 99th, A. M. the Comptroller of the Cuftoms informed me, that thefe mariners had got drums, and were affembling thoughtlefs people to deftroy the tea and floop. At the fame time I received a letter,, No. 1, a copy herewith inclofed, from the confignee, defiring my aid and affiftance, to take poffeffion of the floop and cargo. Hereupon I di- rected the fheriff inftantly to fummon the Council, and every Magiftrate and peace-officer to meet me forthwith on the wharf where the veffel lay, deter- mining to difperfe any riotous attempts, and order the veffel to the caftle ; While I was going out on
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this my duty, a meffenger came to tell me, that fome magiftrates and two of the council, Mr. War- ner and Mr. Rindge, who happened to be in the way, hearing the noife, had repaired to the place, and, with many other freeholders, filenced the drums, and prevailed on the people to difperfe with- out any outrage. At this time I received a fecond letter (No 2, herewith) from the confignee, to the fame purport as the firft. I loft no time in writing an order to captain Cochran, immediately to take poffeffion, defend, protect, and fafely deliver the faid veffel and cargo to the merchant, or to his or- ders ; and the fheriff, John Parker, Efq. to take command of the caftle in his abfence, as will appear fully by the inclofure, No. 3. In the evening, about half paft 6, obferving the wind to be contrary, I difpatched a fecond order to captain Cochran, ftill to continue in the orders of the morning, as by the inclofure, No. 4. Thefe orders were directly carri- ed into effect, with a prudence and firmnefs that does honour to both the officers. On the 30th, the owner of the floop, the mafter, and the fuper- cargo, to vhofe care the confignee committed the tea, came on board, with proper cuftom-houfe clear- ances, and authority from the confignee. Captain Cochran examined the twenty-feven chefts of tea, found them perfectly fafe, and in good order ; de- fired the three laft mentioned perfons to examine the fame, which they did, and then received both veffel and cargo into their poffeffion, and forthwith failed for Halifax. Mr. Parker the fheriff, and cap- tain Cochran, returned to their refpective duties, and have made return of their doings, on my orders, as in the inclofures, No. 5 and 6. During thefe tranf- actions, viz. on the evening of the 27th, and morn- ing of the 28th, I told the collector and comptrol- ler, alfo the confignee, that if they wanted any aid
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or affiftance, or were apprehenfive of danger, I was ready, whenever they would apply to me, and would not only iffue orders, but in perfon defend them ; that I was confident, the magiftrates and freeholders would not defert me : But they would not apply, declaring they then apprehended no dan- ger.
No. XXI.
Copy of a letter from Governor WENTWORTH to the Earl of DART- MOUTH, dated Now-Hampshire, the 6th of July, 1771.
May it pleafe your Lordfhip,
UPON hearing the committee of corref- pondence, chofen by the late Affembly of this Prov- ince, had iffued letters to thofe members to meet this day in the Reprefentatives chamber in Portf- mouth, there to deliberate and act, particularly to choofe delegates for a general American Congrefs, and that fome of the faid perfons were convened. I have confidered it to be my duty to his Majefty to ufe my endeavours to difperfe and feparate fo illegal and unwarrantable an attempt. I have therefore convened his Majefty's Council, ordered the fheriff to attend me, and requiring their attendance on me, I went into the room, and immediately read · the inclofed fpeech to them ; afterwards I directed the fheriff to make open proclamation, for all per- fons to difperfe and keep the King's peace, which was done before they had entered on any bufinefs, and I expect will be obeyed, as this letter muft be forwarded by exprefs 66 miles to Bofton, and reach there to-night, in hopes to fave conveyance by ad- miral Montague. Whatever further may occur, I fhall take due care to tranfmit to your Lordfhip as
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foon as poffible, all which is moft humbly fubmit- ted, dutifully hoping your Lordfhip's favourable reprefentation of my beft zeal, unremitted diligence and fidelity in difcharge of my duty, may happily be honoured with his Majefty's approbation. I have the honor to be, with the moft perfect ref- pect, &c.
J. WENTWORTH.
No. XXII.
Extract of a Letter from the Honourable Governor WENTWORTH, to the Earl of DARTMOUTH, dated New-Hampshire, 13th July, 1774.
HE convention mentioned in my dif- patch, No. 63, immediately difperfed, without at- tempting to enter into any meafures. Thofe gen- tlemen with fome others dined at a tavern, and there in private agreed to recommend to the fever- al parifhes in the Province, that they choofe perfons to meet at Exeter on the 21ft inftant, for the pur- pofe of appointing delegates to attend, and be part of an American Congrefs, intended to affemble the Ift of September next, in Pennfylvania or New- Jerfey. The towns were defired to collect volun- tarily, and fend by their agents to Exeter, certain fums of money in proportion to their province-tax, amounting to three hundred pounds fterling, to pay the delegates. It was alfo recommended to the parifhes, that the 14th inftant be obferved as a day of fafting and prayer. It is yet uncertain how far thefe requifitions will be complied with ; but I am apt to believe the fpirit of enthufiafm, which gen- erally prevails through the colonies, will create an obedience that reafon or religion would fail to procure.
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No. XXIII.
Extract of a Letter from Governor WENTWORTH, Io the Earl of DART. MOUTH, dated New-Hampshire, August 29th, 1774.
SINCE my letter, No. 64, the conven- tion of perfons chofen by many towns, in confe- quence of the' invitation in that letter referred to, met at Exeter, and elected Col. Folfom and Major Sullivan to be delegates for this Province, at the Congrefs to be held in Philadelphia, on the firft day of September next. The paper, No. 1, here- with inclofed, is a copy of the inftructions given to thofe gentlemen, and is the beft explanation of their fervice and employment that I can obtain. I am informed that this convention collected and brought from their refpective towns, about one hundred and twenty guineas, which was paid into the hands of John Giddinge, Efquire,, (who they elected Treafurer) to defray the expenfe incurred by the delegates afore-named, who fet off on their journey to Philadelphia, on the 10th inftant.
The committee of correfpondence elected by the late Affembly, and of courfe diffolved with them, wrote circular letters to all the towns in this Prov- ince, copy of which, and printed form of the non- importation and non-confumption agreement, re- commended in that letter and accompanying it, are herewith tranfmitted, No. 2. Some few towns gen- erally fubfcribed, many others totally rejected. The committee appear confcious that their powers (if any they ever had) ceafed with the Affembly that elected them, for they do not date the day of the month, becaufe it fucceeded the diffolution ; it is certain they had not acted, nor even met together before that.
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I think this Province is much more moderate than any other to the fouthward, although the fpirit of enthufiafm is fpread, and requires the utmoft vigilance and prudence to reftrain it from violent excefs ; this will appear by the inclofure, No. 3, which was carried nemine contradicente in this town, upon an attempt fome few nights preceding, by a parcel of boys and failors, to infult a woman who fold tea. Since this vote, the town has been per- fectly quiet, thofe who had tea have fold it without moleftation. The inhabitants have now almoft uni- verfally difcontinued the ufe of Bohea tea, and I I apprehend will entirely within three months of this date.
The town-clerk of Bofton, who is faid to be a zealous leader of the popular oppofition, has been in this town about a week ; immediately appears a publication in the New-Hampfhire Gazette,* recom- mending donations for Bofton, which has been fol- lowed by a notification to convene in town-meeting ' to grant relief to the poor of the town of Bofton,' on the 12th of September next. It is probable no town grant will be made, and the meeting iffue in appointing a committee to receive and tranfmit vol- untary donations, which I believe will not afford much comfort to thom, or greatly credit the charit- able munificence of thefe town-meetings ; grants are always and ever will be greater on popular pre- tences than private fubfcriptions, becaufe thofe that vote in public pay by far the leaft part of the grant ; as is ever the cafe with felect men, who having pow- er over the apportionment of rates, probably do not exercife it to their own detriment, and thence more eafily join in facilitating and augmenting fuch gifts, which, from the nature of the office, they have
* The publication here referred to was written by a person whom the Governor did not suspect, and the town clerk knew nothing of it.
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great influence upon. It is greatly to be wifhed, that gentlemen of property, experience and educa- tion, could be perfuaded to accept the office of fe- lect men ; but it is impracticable, if they are difin- terefted, and without other views than the public good, it is very laborious and unprofitable employ- ment : And as I have nothing in my power where- by to reward fuch good men, they all decline, and the interior regulation of the capital falls into the hands of thofe who can fubmit to make it worth their attention.
I beg leave to affure your Lordfhip of my moft faithful diligence in his Majefty's fervice ; and, with the greateft deference, to hope for fuch favourable reprefentation thereof.
1 am, &c ...
J. WENTWORTH.
P. S. The inclofure, No. 4, met with very little encouragement, and obtained but few figners (ex- cept two or three) who were only among the low- er order of people, who figned before they were di- vided to, and on the fame invitation would fign any other paper. J. W.
No. XXIV.
Extract of a Letter from Governor WENTWORTH to the Earl of DART- MOUTH, dated New-Hampshire 13th September, 1794.
ON the 8th inftant, about fun-fet, arriv- ed in the port of Pifcataqua the Fox maft-thip, hav- ing on board 30 chefts of bohea tea, configned to Mr. Edward Parry of this town. Previous to this arrival it had been reported that fuch an event was expected : I therefore early inftructed captain Coch- ran of his Majefty's caftle, William and Mary, in
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this Province, to render all the aid and affiftance in his power upon the firft application, as by the copy, No. 1, which I beg leave to inclofe to your Lordthip herewith. Accordingly captain Cochran, always indefatigable in his duty, went off to the fhip while at foa and proffered his fervice. Some few days before this arrival, letters were received from Lon- don, mentioning the fhipping of the tea, to fundry perfons, whence it became very publick. A fhip laft week arrived at Salem with a quantity of tea on board, alfo confirmed the expectation of the like here. Thefe things, added to a report from Salem that the people would not admit the tea to be land- ed, entered, or pay the duty there, and the enthufi- aftic fpirit of that Province daily gaining ground both there and here, notwithflanding my utmoft ef- forts and vigilance, rendered the event of this im- portation more precarious than the former, and raif- ed almoft infurmountable obftacles againft its pref- ervation.
As foon as it was generally known that tea was arrived here, the difquiet broke forth among the populace, and at a quarter paft ten at night I received a letter, No. 2, from Mr. Parry, informing of his windows being broken by a mob, and defiring pro- tection. At half paft ten I fent Mr. M'Donah, my private Secretary, and my brother, who happened to be at my houfe, to inquire of Mr. Parry what was neceffary, and, if any danger, to offer him the protection of my houfe, which they did ; but the attempted mob having fubfided, he faw there was no danger, and remained quietly and fafely in his own lodgings. At three quarters paft 9 A. M. of the 9th inftant, Mr. Parry brought me a petition to the Governor and Council, praying the protec- tion of government, as in the inclofed copy, No. 3. Whereupon I convened the Council within an hour,
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and received advice from them to call in the Jufti- ces that were in town, and require their execution of their duty, which they, with laudable prudence · and firmnefs immediately proceeded upon, and with defirable fuccefs.
Mr. Parry and Captain Norman were informed of thefe proceedings, and by me told at the Council Board, that the Governor, Council, and Magiftrates, would, upon the leaft notice, fupport and protect them and their property, and that we fhould all be in readinefs. At fix P. M. I adjourned till nine o'clock next morning, and fent for the Chief Juftice, Sheriff and Attorney-General, from Exeter, where the Superior Court was and is fitting. Alfo Mr. Gilman and Waldron from Exeter and Dover, to make a full Council. That nothing might be want- ing to execute the law, and preferve the public peace, the Council fat till two o'clock ; and no fur- ther application made nor any appearance of riot or violence whatever. I propofed to the Council to confider and advife me what further was needful to be done upon the petition ; this was referred to a committee to report upon, and I adjourned till Monday, the twelfth inftant, ten o'clock, A. M.
During this period, viz. the 9th and 10th inftant, the town meetings were agitated. At length a committee were chofen to confult with Mr. Parry and the Captain, who agreed to export the tea to Halifax, after being duly entered, and paying the
duty. About five o'clock P. M. of 10th, Mr. Parry and Captain Norman came to me, and informed me of this agreement, and that they were obliged to the government for their protection, which they imagined was no longer neceffary on this occafion. However, I judged it prudent to meet the Council. on the adjournment, and to have the Council con- vened again in the afternoon, as there was a town
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meeting fitting, and I could not be certain of eftab- lifhed quiet 'till that was over. The veilel with the tea failed the 11th inftant, with a fair wind, for Halifax, and the town is in peace. The whole pro- ceedings of Council affair I beg leave herewith to tranfinit to your Lordfhip in the paper No. 4.
Notwithftanding, I can ftill have the pleafure to reprefent to your Lordfhip that this Province con- tinues more moderate than any to the fouthward ; yet, at the fame time, truth requires me to fuggeft, that the union of the colonies in fentiment is not divided nor loft in New-Hampfhire, although they have hitherto been prevailed upon to abftain from acts of general violence and outrage, and the laws have their courfe. How long it will remain fo is impoffible to forefee ; I confefs much good may not reafonably be counted upon, while the unhap- py diftractions in the Maffachufetts bay gain ground and fpread with fuch violence as cannot but be ex- tremely deplored by every confiderate man.
No. XXV.
Artract of a Letter from Governor WENTWORTH to the Earl of DART- MOUTH, dated New-Hampshire, 15th November, 1774.
AT an adjournment of a town meeting in Portfmouth, in October laft, fifty-two voters re- confidered a vote of fifty-fix voters in a previous meeting, " not to grant the town monies for a do- nation to Bofton ; but that a voluntary fubfcription be opened for that purpofe." This leffer number granted two hundred pounds proclamation money, which is near four times their Province tax.
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