USA > New Hampshire > The history of New Hampshire, Volume I > Part 17
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if
NEW HAMPSHIRE.
' if eafy and free, he was to wait on him 1698. -
' in perfon ; to tell him how joyfully they ' received the news of his appointment, ' and that they daily expected Governor ' Allen, whofe commiffion would be ac- ' counted good till his lordfhip's fhould be ' publifhed, and to afk his advice how they ' fhould behave in fuch a cafe.' The prin- cipal defign of this meffage was to make their court to the earl, and get the ftart of Ufher or any of his friends who might prepoffefs him with an opinion to their difadvantage. But if this fhould have hap- pened, Plaifted was directed ' to obferve ' what reception they met with. If his ' lordfhip was ready to come this way, he ' was to beg leave to attend him as far as ' Bofton, and then afk his permiffion to ' return home ;' and he was furnithed with a letter of credit to defray his expenfes. This meffage, which fhews the contrivers to be no mean politicians, had the defired effect.
The earl continued at New-York for the firft year after his arrival in America ; during which time Governor Allen came over, as it was expected, and his com- miffion being ftill in force, he took the oaths and affumed the command. Upon which Ufher again made his appearance in
301
Plaisted's Infructi- ons in files:
Aug. 2:
Sept. 15. Nov 20.
302
HISTORY OF
1698. in council, where he produced the letter from the lords of trade, claimed his place as lieutenant-governor, and declared that the fufpended counfellors had no right to fit till reftored by the king's order. This brought on an altercation, wherein Elliot affirmed that Partridge was duly qualified and in office, that Waldron and Vaughan had been fufpended without caufe, and that if they were not allowed to fit, the reft were determined to refign. The gover- nor declared Uther to be of the council ; upon which Elliot withdrew.
1699. January 5.
January 5,
At the fucceeding affembly two new counfellors appeared ; Jofeph Smith, and Kingfley Hall. The first day paffed quiet- Jy. The governor approved Pickering as fpeaker of the houfe ; told them he had affumed the government bccaufe the Earl of Bellomont had not arrived ; recommend- ed a continuance of the excife and powder money, and advifed them to fend a con- gratulatory meffage to the carl at New- York. The next day the houfc anfwered, that they had continued the cuftoms and excite till November, that they had already congratulated the earl, and received a kind anfwer and were waiting his arrival ; Toben they fhould enter further on bufinefs. 'They complained that Allen's conduct had
been
303
NEW-HAMPSHIRE.
being grievous in forbidding the collecting of the laft tax, whereby the public debts were not paid ; in difplacing fundry fit perfons, and appointing others lefs fit, and admitting Uther to be of the council, though fuperfeded by Partridge's commil- fion. Thefe things they told him had ob- liged fome members of the council and affembly to apply to his lordthip for re- lief, and " unlef's he inould manage with " a more moderate hand " they threatened him with a fecond application
The fame day Coffin and Weare mov- ed a queftion in council, whether Uther was one of that body. He afferted his privilege, and obtained a major vote. They then entered their diffent, and de- fired a difmiffion. The governer forbad their departure. Weare anfwered that he would not, by fitting there, put contempt on the king's commiffion, meaning Par- tridge's, and withdrew. The next day the affembly ordered the money arifing from the impoft and excite to be kept in the treafury, till the Earl of Bellomont's arrival; and the governor diffolved them,
Thefe violences on his part were fup- pofed to originate from Ufher's refent- ment, and his overbearing influence upon Allen, who is faid to have been rather of a pacific
1699.
304
HISTORY OF
1699.
MIS in fles.
pacific and condefcending difpofition. The fame ill temper continued during the remainder of this fhort administration. The old counfellers, excepting Fryar, re- fufed to fit. Sampfon Sheaffe and Peter Weare made up the quorum. .Sheaffe was alfo fecretary, Smith treafurer, and William Ardel, fheriff. The conftables refufed to collect the taxes of the preced- ing year, and the governor was obliged to revoke his orders, and commiffion the for- mer conftables to do the duty which he had forbidden.
July 31.
In the fpring the earl of Bellomont fet out for his eaftern governments. The council voted an addrefs, and fent a com- mittee, of which Ufher was one, to pre- fent it to him at Bofton ; and preparations were made for his reception in New-Hamp- fhire ; where he at length came and pub- lifhed his commiffion to the great joy of the people, who now faw at the head of the government a nobleman of diftinguifh- ed figure and polite manners, a firm friend to the revolution, a favourite of King Wil- liam, and one who had no intereft in op- preffing them.
During the controverfy with Allen, Par- tridge had withdrawn ; but upon this change he took his feat as lieutenant-gov-
ernor,
305
NEW HAMPSHIRE.
vernor, and the difplaced counfellors were again called to the board. A petition was prefented againft the judges of the fuperior court, and a proclamation was iffued, for juftices of the peace and confta- bles only, to continue in office, whereby the judges commiffions determined. Rich- ard Jofe was made theriff in the room of Ardell, and Charles Story fecretary in the room of Sheaffe.
The government was now modelled in favour of the people, and they rejoiced in the change, as they apprehended the way was opened for an effectual fettlement of their long continued difficulties and dif- putes. Both parties laid their complaints before the governor, who wifely avoided cenfuring either, and advifed to a revival of the courts of juftice, in which the main controverfy might be legally decided. This was agreed to, and the neceffary acts be- ing paffed by an affembly, (who alfo pre- fented the earl with five hundred pounds which he obtained the king's leave to ac- cept) after about eighteen days ftay he quitted the province, leaving Partridge, now quietly feated in the chair, to appoint the judges of the refpective courts. Hinckes was made chief juftice of the fuperior court, with Peter Coffin, John Gerrith and John X Plaifted
1699.
Council Records
306
HISTORY OF
Plaifted for affiftants ; Waldron chief juf- ftice of the inferior court, with Henry Dow, Theodore Atkinfon and John Wood- man for affiftants.
One principal object of the earl's atten- tion was to fortify the harbour and pro- vide for the defence of the country in cafe of another war. He had recommended to the affembly in his fpeech the building of a ftrong fort on Great Ifland, and after- ward, in his letters, affured them that if they would provide materials, he would endeavour to prevail on the king to be at the expenfe of erecting it. Col. Romer, a Dutch engineer, having viewed the fpot, produced to the affembly an eftimate of the coft and tranfportation of materials, amounting to above fix thoufand pounds. They were amazed at the propofal ; and returned for anfwer to the governor, that in their greateft difficulties, when their lives and eftates were in the moft immi- nent hazard, they were never able to raife one thoufand pounds in a year* ; that they
* I have bere placed in one view fuch aff ffments as I have been able to find during the preceding war, with the proportion of each town, which varied according to their refpective circumstances at different times.
(MS Laws )
11602.
1693
1694.
1695
Uncertain.
1997.
Portfmouth,
70
2.0
167
671
6
140
1 0
Hampton,
66 13 4:230 30
230
172
6
1:87
2 45
IXver,
110
93
117
10
6
9
78
Exeter,
33
681 80
127
3 06
10
115
14
New Callie,
86
73
7
39
12 6
€.
7.30
4:0
600
6,0
1669.
I 700.
June 6.
NEW-HAMPSHIRE.
they had been exceedingly impoverithed by a long war, and were now ftruggling under an heavy debt, befides being en- gaged in a controverfy with " a pretend- " ed proprietor ;" that they had expend- ed more " blood and money" to fecure his majefty's intereft and dominion in New- England than the intrinfic value of their eftates, and that the fortifying of the har- bour did as much concern Maffachufetts as themfelves ; but they concluded with affuring his lordfhip, that if he were " thoroughly acquainted with their mif- " erable, poor and mean circumftances, " they would readily fubmit to whatever " he fhould think them capable of doing." They were alfo required to furnifh their quota of men to join with the other colo- nies in defending the frontiers of New- York in cafe of an attack *. This they thought extremely hard, not only becaufe they had never received the leaft affiftance from New-York in the late wars, but be- caufe an opinion prevailed among them that their enemies had received fupplies from the Dutch at Albany, and that the X 2 plunder
307
1 700.
MS in files.
* The quotas of men to be furnithed by each government for the defence of New- York, if attacked, were as follows. viz.
New-Himpfhire 40
Rhode-Iiland 48
Watt New-Jerfey 60
Maffachufetts 350 New- York, - Eaft New-Jerfey 60 - Maryland 160 Virginia 240
Pennfyivania 80
ConneCtient 120
MS in fies
308
1 700. - Smith's Hitt. New- York; pag. 108, 175> 214.
Printed itate of Allen's ti- sie, p 9.
42g. 13,
HISTORY OF
plunder taken from their defolated towns had been fold in that place. There was however no opportunity for affording this affiftance, as the New-Yorkers took care to maintain a good underftanding with the French and Indians, for the benefit of trade.
But to return to Allen : He had as lit- tle profpect of fuccef's in the newly efta- blithed courts, as the people had when Mafon's fuits were carried on under Cran- field's government. On examining the records of the fuperior court it was found that twenty-four leaves were miffing, in which it was fuppofed the judgments re- covered by Mafon were recorded. No evidence appeared of his having obtained poffeffion. The work was to begin anew ; and Waldron, being one of the principal landholders and moft ftrenuous oppofers of the claim, was fingled out to ftand fore- moft in the controverfy with Allen, as his father had with Mafon. The caufe went through the courts, and was invariably given in favour of the defendant with cofts. Allen's only refuge was in an appeal to the king, which the court, following the example of their brethren in the Maffa- chufetts, refufed to admit. He then pe- titioned the king, who by an order in council granted him an appeal, allowing him
309
NEW-HAMPSHIRE.
him eight months to prepare for its pro- lecution.
April 24.
The refufal of an appeal could not fail of being highly refented in England. It was feverely animadverted on by the lords of trade, who in a letter to the Earl of Bellomont upon this occation, fay, " This April 2g " declining to admit appeals to his majesty " in council, is a matter that you ought " very carefully to watch againft in all " your governments. It is an humour " that prevails fo much in proprieties and " charter colonies, and the INDEPEN- " DENCY they thirft after is now. fo noto- " rious, that it has been thought fit thofe " confiderations, together with other ob- " jections againft thofe colonies, fhould be " laid before the parliament ; and a bill " has thereupon been brought into the " houfe of lords for re-uniting the right " of government in their colonies to the MS in Al "' crown."
Beforethisletter was written the earl died at New-York, to the great regret of the people in his feveral governments, among whom he had made himfelf very popular. A copy of the letter was fent to New .- Hampthire by the council of New- York ; but the bill mentioned in it was not paffed intoan act of parliament. For fomereafons of
March 5
310
HISTORY OF
of ftate it was rejected by the houfe of lords.
The affembly of New-Hampfhire, hav- ing now a fair opportunity, endeavoured as much as poffible to provide for their own fecurity ; and paffed two acts, the one for confirming the grants of lands which had been made within their feveral town- fhips ; the other for afcertaining the bounds of them. Partridge gave his confent to thefe acts ; but Allen had the addrefs to get them difallowed and repealed be- caufe there was no referve made in them of the proprietor's right.
MS Laws,
The controverfy being carried beforethe king, both fides prepared to attend the fuit. Allen's age, and probably want of cafh, prevented his going in perfon ; he therefore appointed Ufher to act for him, having previoufly mortgaged one half of the province to him, for fifteen hundred pounds ; Vaughan was appointed agent for the province, and attorney to Waldron. It being a general intereft, the affembly bore the expence, and notwithftanding their pleas of poverty on other occafions provided a fund, on which the agent might draw in cafe of emergency.
Octob. 14. 1702.
May 29.
In the mean time King William died and Queen Anne appointed Jofeph Dudley Efq. formerly profident of New-England,
to
1 701. L Hutch. vol. 2. P. 131. Sept. 13.
311
NEW-HAMPSHIRE.
to be governor of Maffachufetts and New- 1702. Hampfhire; whofe commiffion being pub- lifhed at Portfmouth, the affembly by a July 13. 18. well timed prefent interefted him in their favour, and afterward fettled a falary on him during his administration, agreeably to the queen's inftructions, who about this time forbad her governors to receive any but fettled falaries.
When Allen's appeal came before the queen in council, it was found that his attorney had not brought proof that Ma- fon had ever been legally in poffeffion ; for want of this, the judgment reco- vered by Waldron was affirmed ; but the order of council directed that the appellant ' fhould be at liberty to begin ' de novo by a writ of cjectment in the ' courts of New-Hamphire, to try his ' title to the lands, or to quit-rents pay- ' able for the fame ; and that if any doubt " in law fhould arife, the jury fhould dc- ' clare what titles each party did feverally ' make out to the lands in queftion, and ' that the points in law fhould be referred ' to the court ; or if any doubt fhould arife ' concerning the evidence, it fhould be ' fpecially ftated in writing, that if either ' party fhould appeal to her majefty the ' might be more fully informed, in order ' to a final determination.' Whilft
Council & Afembly Records.
Printed fate of Allen's ti- tle, p. 9.
MS Copy ot Lords Trade Re. port in 1753.
Files of 1 Sup. Cou
312
HISTORY OF
1 702.
Whilft this appeal was depending a pe- tition was prefented to the queen, pray- ing that Allen might be put in poffeffion of the wafte lands. This petition was re- ferred to Sir Edward Northey attorney ge- neral, who was ordered to report on three queftions. viz. 1. Whether Allen had a right to the waftes ? 2. What lands ought to be accounted wafte ? 3. By what meth- od her majefty might put him into pof- feffion ? At the fame time Uther was mak- ing intereft to be re-appointed lieutenant- governor of the province. Upon this, Vaughan entered a complaint to the queen, fetting forth ' that Allen claimed as wafte ' ground not only a large tract of unoc- ' cupied land, but much of that which had ' been long enjoyed by the inhabitants, as ' common pafture, within the bounds of ' their feveral townfhips. That Uther, by ' his former managements and mifdemean- ' ours when in office, had forced fome of " the principal inhabitants to quit the pro- ' vince, and had greatly harraffed and dif- ' gufted all the reft, rendering himfelf quite " unacceptable to them. That he was in- 'terefted in the fuits now depending, as ' on Allen's death he would in right of " his wife be entitled to part of the eftate. « Wherefore it was humbly fubmitted whe-
' ther
313
NEWHAMPSHIRE.
' ther it would be proper to appoint, as ' lieutenant-governor, one whofe intereit ' and endeavour it would be to diffeize the ' people of their ancient eftates, and render ' them uneafy ; and it was prayed that no ' letters might be written to put Allen in ' poffeffion of the waftes till the petitioner ' fhould be heard by council.'
Uther's intereft however prevailed. The attorney general reported, that ' Allen's ' claim to the waftes was valid ; that all ' lands uninchfed and unoccupied were to ' be reputed wafte ; that he might enter ' into and take poffeffion of them, and it ' difturbed might affert his right and pro- ' fecute trefpatfers in the courts there ; but ' that it would not be proper for her maje- " fty to interpofe, unlefs the queftion fhouk! ' come before her by appeal from thofc ' courts ; fave, that it might be reafonable ' to direct (if Allen fhould infift on it at ' the trials) that matters of fact be found ' fpecially by the juries, and that thefe fpe- ' cial matters fhould be made to appear on ' an appeal.'
Soon after this Ufher obtained a fecon !! commiffion as lieutenant-governor ; but was exprefsly reftricted from intermedling "' with the appointmentof fudges or juries, " or otherwife, in matters relating to the " difputes
1702. 1
papers
1703. January 25.
Superi -
July :4.
314
HISTORY OF
October 27.
1703. " difputes between Allen and the inhabit- " ants." The people did not relifh this re-appointment, nor did his fubfequent conduct reconcile them to it. Upon his firft appearance in council Partridge took his feat as counfellor ; but the next day defired a difmiffion on account of a fhip in the river which demanded his conftant attention. This requeft was granted, and he foon after removed to Newbury, where he fpent the reft of his days in a mercan- tile department, and in the bufinefs of his profeffion .*
It had always been a favourite point with Uther to get the books and files, which had been taken from Chamberlayne, lodged in the fecretary's office. Among thefe files were the original minutes of the fuits which Mafon had carried on, and the verdicts, judgments and bills of coft he had recovered. As they were committed to the care of the recorder who was appoint- ed by the general court and removeable only by them, noufe could be made of thefe papers but by confent of the affembly. When Ufher produced to the council an order from Whitehall that thefe records fhould
NOV. 4.
* His for Richard Partridge was an agent for the province in Freund. One of his daughters was married to Governor Belcher, & d was mother to the late lieutenant governor of Nova-Scotia.
115
NEWHAMPSHIRE.
fhould be depofited with the fecretary, 1 704. Penhallow, the recorder, who was a mem- ber of the council, refufed to deliver them without an act of the general affembly authorizing him to do fo.
Ufher fucceeded but little better in his applications for money. He alleged that he had received nothing for his former fervices, though they had given hundreds to Partridge ; and he complained that no houfe was provided for him to refide in, which obliged him to fpend moft of his time at Bofton. The plea of poverty al- ways at hand, was not forgotten in an- fwer to thefe demands. But at length, upon his repeated importunity and Dud- ley's earneft recommendation, after the affembly had refufed making any provifion for him, and the governor had exprefsly directed him to refide at New-Caftle, and exercife aregularcommand, it being atime July 7. of war ; the council were prevailed upon to allow him two rooms in any houfe he could procure " till the next meeting of " the affembly," and to order thirty eight Shillings to be given him for the expence of his " journey to and from Bofton."
When Dudley acquainted the affembly with the royal determination in Allen's fuits, they appeared tolerably fatisfied with
Feb. 10.
316
HISTORY OF
1 704. with the equitable intention difcovered therein ; but begged him to reprefent to her majefty that " the province was at ' leaft fixty miles long and twenty wide, ' containing twelve hundred fquare miles, ' that the inhabitants claimed only the ' property of the lands contained within ' the bounds of their townfhips, which ' was lefs than one third of the province, ' and had been poffeffed by them and their " anceftors more than fixty years ; that " they had nothing to offer as a grievance · if the other two thirds were adjudged to ' Allen ; but fhould be glad to fee the ' fame planted and fettled for the better « fecurity and defence of the whole ; with- " al defiring it might be confidered how ' much time, blood and treafure had been ' fpent in fettling and defending this part ' of her majefty's dominion, and that the ' coft and labour beftowed thereon far ' exceeded the true value of the land ; fo ' that they hoped it was not her majefty's ' intention to deprive them of all the herb- ' age, timber and fuel, without which they ' could not fubfift ; and that the lands com- ' prehended within the bounds of their ' townfhips was little enough to afford ' thefe neceffary articles ; it not being ' ufual in thefe plantations to fence in ' more
Record; cf the council and allem- b.y.
NEW HAMPSHIRE.
317
' more of their lands than would ferve for 1704.
' tillage, leaving the reft unfenced for the ' feeding their cattle in common.
Notwithftanding this plea, which was often alleged, Allen, by virtue of the queen's permiffion, had entered upon and taken poffeffion, by turf and twig, of the common land in each townfhip, as well as of that which was without their bounds. He brought his writ of ejectment de novo againft Waldron, and when the trial was coming on, informed Governor Dudley of it, that he might come into court and demand a fpecial verdict agreeably to the queen's inftructions. Dudley from Bofton informed the court of the day when he intended to be at Portfmouth, and directed the judges to adjourn the court to that day. Before it came, he heard of a body of Indians above Lancafter, which had put the country in alarm, and ordered the court to be again adjourned. At length he began his journey ; but was taken ill at Newbury, with a feafonable fit of the gravel, and proceeded no farther. The jury in the mean time refufed to bring in a fpecial verdict ; but found for the defendant with cofts. Allen again ap- pealed from the judgment.
Dec. 22, 1703.
Ufher's pa.
1704. Aug. 10,
Printed ttate of Allen'sti:'-, P. 9.
Perplexed,
313
I 704.
1705. May 3.
HISTORY OF
Perplexed, however, with thefe repeat- ed difappointments, and at the fame time being low in purfe, as well as weakened with age, he fought an accommodation with the people, with whom he was defi- rous to fpend the remainder of his days in peace. It has been faid that he made very advantageous offers to Vaughan and Waldron, if they would purchafe his title ; but that they utterly refufed it. The peo- ple were fenfible that a door was ftill open for litigation ; and that after Allen's death they might, perhaps, meet with as much or more difficulty from his heirs, among whom Ufher would probably have a great influence. They well knew his indefati- gable induftry in the purfuit of gain, that he was able to harrafs them in law, and had great intereft in England. They therefore thought it beft to fall in with Allen's views, and enter into an accom- modation with him. A general meeting of deputies being held at Portfmouth, the following refolutions and propofals were drawn up, viz. ' That they had no claim ' or challenge to any part of the province ' without the bounds of the four towns ' of Portfmouth, Dover, Hampton and ' Exeter, with the hamlets of New-Caftle ' and Kingfton, which were all compre- ' hended
319
NEW HAMPSHIRE.
' hended within lines already known and 1 705,
' laid out, and which fhould forthwith ' be revifed ; but that Allen and his heirs ' might peaceably hold and enjoy the faid ' great wafte, containing forty miles in ' length and twenty in breadth, or there- ' abouts, at the heads of the four towns ' aforefaid, if it fhould fo pleafe her ma- ' jefty ; and that the inhabitants of the ' four towns would be fo far from inter- ' rupting the fettlement thereof, that they ' defired the faid wafte to be planted and ' filled with inhabitants, to whom they ' would give all the encouragement and ' affiftance in their power. That in cafe ' Allen would, for himfelf and heirs, for- ' ever quit claim, to the prefent inhabitants ' and their heirs, all that tract of land com- ' prehended within the bounds of the feve- ' ral towns, and warrant and defend the ' fame againft all perfons, free of mort- ' gage, entailment and every other incuin- ' brance, and that this agreement fhould ' be accepted and confirmed by the queen ; ' then they would lot and lay out to him ' and his heirs five hundred acres within ' the town of Portfmouth and New-Caftle, ' fifteen hundred in Dover, fifteen hundred ' in Hampton and Kingfton, and fifteen ' hundred in Exeter, out of the common-
' ages
320
HISTORY OF
1705. ' ages of the faid towns, in fuch places, ' not exceeding three divifions in each ' town, as fhould beft accommodate him ' and be leaft detrimental to them ; and ' that they would pay him or his heirs two ' thoufand pounds current money of New- ' England at two payments, one within a 6 year after receiving the royal confirma- ' tion of this agreement, and the other ' within a year after the firft payment. : That all contracts made either by Mafon 4 or Allen with any of the inhabitants, or ' others, for lands or other privileges in " the poffeffion of their tenants in their own ' juft right, befide the claim of Mafon " and Allen, and no other, fhould be ac- « counted valid ; but that if any of the pur- ' chafers, leffees or tenants fhould refufe ' to pay their juft part of the fums agreed ' on, according to the lands they held, their ' fhare fhould be abated by Allen out of " the two thoufand pounds payable by this
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