USA > New Hampshire > The history of New Hampshire, Volume I > Part 7
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This commiffion was highly difrelifhed by the colony, as inconfiftent with the rights and privileges which they enjoyed by their charter, and which the king had facredly promifed to confirm. It is there- fore no wonder that the commiffioners were treated with much coolnefs at their arrival ; but they feverely repaid it in their report to the king.
In their progreis through the country they came to Pafcataqua and enquired into the bounds of Mafon's patent. They heard the allegation of Whele- wright, who when banifhed by the colony, was permitted to refide immediately be- vond what was called the bound-houfe, three large miles to the northward of the river Merrimack. They took the affidavit of Henry Jocelyn concerning the agree- ment
Colle. p4p. 417. 1665. June.
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ment between Governor Cradock and 1665. Captain Mafon, that the river thould be the boundary of their refpective patents. They made no determination of this con- troverfy in their report to the king ; but having called together the inhabitants of Portfmouth, Sir Robert Carre, in the name of the reft, told them that " they would " releafe them from the government of " Maffachufetts whofe jurifdiction fhould " come no farther than the bound-houfc." They then proceeded to appoint juftices of the peace and other officers, with power to act according to the laws of England, Hutchin Collectie a P.p. 48v. and fuch laws of their own as were not repugnant thereto, until the king's plea- fure fhould be farther known.
There had always been a party here who were difaffected to the government of Maffachufetts. One of the most active a- mong them was Abraham Corbett of Port!'- mouth, who, fince the arrival of the com- miffioners at Bofton, and probably by authority derived from them, had taken upon him to iffue warrants in the king's name on feveral occafions, which was con- ftrued a high mifdemeanor, as he had never been commiffoned by the authority of the colony. Being called to account by the general court, he was adionifhed, fined five
107
M.S. Rac. Octo. 10.
Maffa. Rec
108
HISTORY OF
1665 -
five pounds, and committed till the fen- tence was performed. Irritated by this feverity, he was the fitter inftrument for the purpofe of the commiffioners, who em - ployed him to frame a petition to the king in the name of the four towns, complain- ing of the ufurpation of Maffachufetts over them, and praying to be releafed from their tvranny. Corbett, in a fecret manner, procured feveral perfons both in Portf- mouth and Dover to fubfcribe this peti- tion, but the moft of thofe to whom he offered it refufed.
The fenfible part of the inhabitants now faw with much concern that they were in danger of being reduced to the fame un- happy flate which they had been in before their union with the colony. Awed by the fupercilioxus behaviour of the commif- fioners, they knew not at firft how to act ; for to oppofe the king's authority wascon- ftrued treafon, and it was faid that Sir Robert Carre had threatened a poor old man with death for no other crime than forbidding his grandchild to open a door tothem. But when the rumour was fpread that a petition was drawn, and that Corbett was procuring fubfcribers, the people, no Jonger able to bear the abule, carneftly applied to the general court, praying " that
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" that in fome orderly way they might 1665.
" have an opportunity to clear themfelves " of fo great and unjuft afperfions, as were " by this petition, drawn in their name, "caft upon the government under which " they were fettled ; and alfo to manifeft " their fenfe of fuch perfidious actions, left " by their filence it fhould be concluded " they were of the fame mind with thofe " who framed the petition." In confe- quence of this petition, the court commif- fioned Thomas Danforth, Elcazer Lufher, and Major General Leverett to inquire in- to the matter, and fettle the peace in thefe places according to their beft difcretion.
Thefe gentlemen came to Portfmouth, and having affembled the inhabitants, and publifhed their commiffion, they told them that they were informed of a petition fub- fcribed in behalf of that and the neigh- bouring towns, complaining of the gov- ernment ; and defired them if they had any juft grievances to let them be known, and report fhould be immediately made to the general court. The next day they affembled the people of Dover and made the fame challenge. Both towns refpec- tively protefted againft the petition, and profeffed full fatisfaction with the govern- ment, which they fignified in addrefes to the
October 3.
ZIO
HISTORY OF
1665.
the court. Dudley, the minifter of Exe- ter, certified under his hand to the com- mittee, that the people of that town had no concern directly nor indirectly with the obnoxious petition. They received alfo full fatisfaction with regard to Hampton ; a certificate of which might have been ob- tained, if they had thought it neceffary.
They then proceeded to fummon Cor- bett before them for feditious behaviour ; but he eluded the fearch that was made for him, and they were obliged to leave a warrant with an officer to cite him to the court at Bofton. The commiffioners had now gone over into the province of Maine, from whence Sir Robert Carre in their name fent a fevere reprimand to this com- mittee, forbidding them to proceed againft fuch perfons as had fubfcribed the petition, and inclofing a copy of a letter which the faid commiffioners had written to the go- vernor and council on the fame fubject.
The committee returned and reported their proceedings to the court, and about the fame time the commiffioners came from their eaftern tour to Bofton ; where the court defired a conference with them, but received fuch an anfwer from Sir Ro- bert Carre as determined them not to re- peat their requeft. A warrant was then iQued
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iffued by the fecretary, in the name of the whole court, to apprehend Corbett.and bring him before the governor and ma- giftrates, " to anfwer for his tumultuous " and feditious practices againft the go- " vernment." The next fpring he was feized and brought before them ; and af- ter a full hearing was adjudged guilty of fedition, and exciting others to difcontent with the government and laws, and of keeping a diforderly houfe of entertain- ment, for which crimes he was fentenced to give a bond of one hundred pounds with fecurity for his peaceable behaviour and obedience to the laws ; he was prohi- bited retailing liquors ; difabled from bearing any office in the town or com- monwealth, during the pleafure of the court ; and obliged to pay a fine of twen- ty pounds and five pounds for the cofts of his profecution.
This feverity in vindication of their charter-rights they thought fit to temper with fomething which had the appearance of fubmiffion to the royal commands. The king's pleafure had been fignified to the commiffioners, that the harbours thould be fortified. This inftruction came to hand whilft they were at Pafcataqua, and they immediately iffued warrants to the four
1 665. 1
I 666. May 23.
Hutchır. Collect. par. 419-
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1 666.
Muffa. Rec.
four towns, requiring them to meet at a time and place appointed to receive his majefty's orders. One of thefe warrants was fent by exprefs to Bofton, from whence two officers were difpatched by the governor and council to forbid the towns on their peril to meet, or obey the commands of the commiffioners. But by their own authority they ordered a com- mittee to look out the moft convenient place for a fortification, upon whofe report " the neck of land on the eaftward of the " Great Ifland, where a fmall fort had " been already built, was fequeftered for " the purpofe, taking in the Great Rock, " and from thence all the eafterly part of " the faid ifland." The court of affociates being impowered to hear and determine the claims of thofe who pretended any title to this land ; a claim was entered by George Walton, but rejected ; and the ap- propriation confirmed. The cuftoms and impofts on goods imported into the har- bour were applied to the maintenance of the fort, and the trained bands of Great- Ifland and Kittery-Point were difcharged from all other duty to attend the fervice of it, under Richard Cutts, efq. who was appointed captain.
The
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The people of Maffachufetts have, both in former and latter times, been charged with difloyalty to the king in their con- duct toward thefe commiffioners, and their difregard of authority derived from the fame fource with their charter. To ac- count for their conduct on this occafion, we muft confider the ideas they had of their political connexion with the parent ftate. They had been forced from it by per- fecution : they came at their own charges into a wildernefs, claimed indeed by the crown of England; but really in poffeffion of its native lords ; from whom they had purchafed the foil and fovereignty, which gave them a title, confidered in a moral view, fuperior to the grant of any Euro- pean prince. For convenience only, they had folicited and accepted a patent from the crown, which in their opinion conftituted the only bond of union between them and their prince, by which the nature and ex- tent of their allegiance to him was to be determined. This patent they regarded as a folemn compact, by which the king had granted them undifturbed poffeffion of the foil, and power of government within certain.limits ; on condition that they fhould fettle the country, chrif- tianize the natives, yield a fifth of all gold I and
1666.
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1666. and filver mines to the crown, and make no laws repugnant to thofe of England. They had, on their part, facredly perform- ed thefe conditions ; and therefore con- cluded that the grant of title, property and dominion which the crown had made to them was irrevocable. And although they acknowledged themfelves fubjects of the reigning prince, and owned a dependence on the royal authority ; yet they under- ftood it to be only through the medium of their charter.
The appointment of commiffioners who were to act within the fame limits, inde- pendently of this authority, and to receive appeals from it ; whofe rule of conduct was no eftablifhed law, but their own " good and found difcretion," was regard- ed as a dangerous ftretch of royal power, militating with and fuperfeding their char- ter. If the royal authority was deftined to flow through the patent, it could not regularly be turned into another channel : if they were to be governed by laws made and executed by officers of their own choofing, they could not at the fame time be governed by the " difcretion" of men in whofe appointment they had no voice, and over whom they had no control. Two ruling powers in the fame ftate was a fo- lecifm
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lecitm which they could not digeft. The patent was neither forfeited nor revoked ; but the king had folemnly promifed to confirm it, and it fubfifted in full force. The commiffion therefore was deemed an ufurpationand infringement of thofe char- tered rights, which had been folemnly pledged on the one part, dearly purchafed and juftly paid for on the other. They regarded " a royal donation under the great feal (toufetheirown words ) " as the greateft fecurity that could be had in hu- man affairs ;" and they had confidence in the juftice of the fupreme ruler, that if they held what they in their confciences thought to be their rights, and performed the engagements by which they had ac- quired them, they fhould enjoy the pro- tection of his providence, * though they fhould be obliged to abandon thecountry, which they had planted with fo much la- bour and expence, and feek a new fettle- ment in fome other part of the globe.
Thefe were the principles which they I 2 had
1666.
Hutch. Hift. Maff. Vol. I. F. 543.
* " Keep to your patent. Your patent was a royal grant indeed ; " and it is inftrumentally your defence and fecurity. Recede from " that, one way or the other, and you will expofe yourfelves to the " wrath of God and the rage of man. Fix upon the patent, and ftand " for the liberties and immunities conferred upon you therein ; and " you have GOD and the king with you, both a good caufe and a good " intereft : and may with good confcience fet your foot againft any " foot of pride and violence that fhall come againft vou."
Prefident Oakes's Election Sermon 1673.
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1666. had imbibed, which they openly a- vowed and on which they acted. Policy might have dictated to them the fame flexibility of conduct, and foftnefs of ex- preffion, by which the other colonies on this occafion gained the royal favour. But they had fo long held the fole and unin- terrupted fovereignty, in which they had been indulged by the late popular govern- ment in England ; and were fo fully con- vinced it was their right ; that they chofe rather to rifque the lofs of all, than to make any conceffion's ; thereby expofing themfelves farther to the malice of their enemies and the vengeance of power.
Thecommiffioners, having finifhed their bufinefs, were recalled by the order of the king, who was much difpleafed with the ill treatment they had received from the Maffachufetts government, which was the more heinous, as the colonies of Plymouth, Rhode-Ifland and Connecticut had treated the commiffionwithacknowledged refpect. By a letter to the colony he commanded them to fend over four or five agents, pro- mifing " to hear in perfon, all the allega- " tions, fuggeftions, and pretencestoright " or favour, that could be made on behalf " of the colony," intimating that he was far from defiring to invade their charter ; and
Apal 10. Hutch. p. 547
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and commanding that all things fhould remain as the commiffioners had fettled them until his farther order ; and that thofe perfons who had been imprifoned for petitioning or applying to them fhould be releafed. The court, however, continued to exercife jurifdiction, ap- point officers, and execute the laws in thefe towns as they had done for twenty- five years, to the general fatisfaction of the people, who were united with them in principles and affection.
Thisaffection was demonftrated by their ready concurrence with the propofal for a general collection, forthe purpofeof erect- ing a new brick building * at Harvard col- lege, the old wooden one being fmall and decayed. The townof Portfmouth, which was now become the richeft, made a fub- fcription of fixty pounds per annum for feven years ; and after five years paffed a town vote to carry this engagement into effect. Dover gave thirty-two, and Ex- eter ten pounds for the fame laudable purpofe.
The people of Portfmouth, having for fome time employed Jofhua Moody as a preacher among them, and erected a new meeting-
I 666. 4
I 669.
Harvard Col. Rec.
1671. L
* This building was erected in 1672, and confumed by fire in 1764.
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HISTORY OF
Portf. Chh. Records.
1671. meeting-houfe, proceeded to fettle him in regular order. A church confifting of nine brethren + was firft gathered ; then, the general court having been duly informed of it, and having fignified their approba- tion, according to the eftablifhed practice, Moody was ordained in the prefence of Governor Leverett and feveral of the ma- giftrates.
1674.
The whole attention of the government in England being at this time taken up with things that more immediately con- cerned themfelves, nothing of moment re- lating to Mafon's intereft was tranfacted. He became difcouraged, and joined with the heirs of Gorges in propofing an alie- nation of their refpective rights in the pro- vinces of New-Hampfhire and Maine to the crown, to make a government for the Duke of Monmouth. The duke himfelf was greatly pleafed with the fcheme, as he had been told that an annual revenue of five thoufand pounds or more might be collected from thefe provinces. But by the more faithful reprefentations of fome perfons who were well acquainted with the country, he was induced to lay afide the project. Samuel Haynes, James Pendleton, John Fletcher,
Hutch. Collection ot Papers, 451, 472.
+ " Jothua Moody, John Cutts, Richard Cutts, Richard Martyn, Elias Stileman,
John Tucker,
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project. Many complaints were made againft the government of Maffachufetts ; and it was thought to be highly expedi- ent that more fevere meafures fhould be ufed with them ; but the Dutch wars, and other foreign tranfactions, prevented any determination concerning them, till the country was involved in all the horrors of a general war with the natives.
119
1674. 4
CHAP.
[20
HISTORY OF
CAA P. V.
Remarks on the temper and manners of the Indians. The firft general war with them called Philip's war.
Smith's Voyage.
Gorges's Nairat. p. 17. 54.
A T the time of the firft difcovery of the river Pafcataqua by Captain Smith, it was found that the native inha- bitants of thefe parts differed not in lan- guage, manners, nor government, from their eaftern or weftern neighbours. Though they were divided into feveral tribes, each of which hada diftinct fachem, yet they all owned fubjection to a fove- reign prince, called Bafhaba, whofe refi- dence was at Penobfcot. It was foon af- ter found that the Tarratenes, who lived farther eaftward, had invaded his country, furprized and flain him, and all the people in his neighbourhood, and carried off his women, leaving no traces of his authority. Upon which the fubordinate fachems, hav- ing no head to unite them, and each one ftriving for the pre-eminence, made war among themfelves ; by which means many of their people, and much of their provifion were deftroyed. When Sir Richard Haw- kins vifited the coaft in 161 5, this war was
at
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at its height ; and to this fucceeded a pef- tilence, which carried them off in fuch numbers that the living were not able to bury the dead ; but their bones remained at the places of their habitations for feveral years. During this peftilence, Richard Vines and feveral others, whom Sir Fer- dinando Gorges had hired, at a great ex- pence, to tarry in the country through the winter, lived among them and lodged in their cabbins, without receiving the leaft injury in their health, " not fo much as " feeling their heads to ach the whole " time." By fuch fingular means did di- vine Providence prepare the way for the peaceable entrance of the Europeans into this land.
When the firft fettlements were made, the remains of two tribes had their habi- tations on the feveral branches of the river Pafcataqua ; one of their fachems lived at the falls of Squamfcot, and the other at thofe of Newichwannock ; their head quar- ters being generally feated in places con- venient for fifhing. Both thefe, together with feveral inland tribes, who refided at Patucket and Winnipifeogee, acknowl- edged fubjection to Paffaconaway the great fagamore of Pannukog, or (as it is com- monly pronounced) Penacook. Heexcel-
led
Prince's Annals. 1517.
Gorges, p. 12.
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led the other fachems in fagacity, duplic- ity and moderation ; but his principal qualification was his fkill in fome of the fecret operations of nature, which gave him the reputation of a forcerer, and ex- tended his fame and influence among all the neighbouring tribes. They believed that it was in his power to make water burn, and trees dance, and to metamor- phofe himfelf into flame; that in winter he could raife a green leaf from the afhes of a dry one, and a living ferpent from the fkin of one that was dead.
An Englifh gentleman who had been much converfant among the Indians was invited, in 1660, to a great dance and feaft ; on which occafion the elderly men, in fongs or fpeeches recite their hiftories, and deliv- er their fentiments, and advice, to the younger. At this folomnity Paffaconaway, being grown old, made his farewell fpeech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrelled with . their Englith neighbours ; for though they might do them fome damage, yet it would prove the means of their own deftruction. He told them that he had been a bitter enemy to the Englith, and by the arts of forcery had tried his utmoft to hinder their
Hutch. Hnt. Maff. Vol. I. p. 474.
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their fettlement and increafe : but could by no means fucceed. This caution perhaps often repeated, had fuch an effect, that, upon the breaking out of the Indian war fifteen years afterward, Wonolanfet, his fon and fucceffor, withdrew himfelf and his people into fome remote place, that they might not be drawn into the quarrel.
Whilft the Britifh nations had been dif- tracted with internal convulfions, and had endured the horrors of a civil war, pro- duced by the fame caufes which forced the planters of New-England to quit the land of their nativity ; this wildernefs had been to them a quiet habitation. They had ftruggled with many hardthips ; but Pro- vidence had fmiled upon their undertak- ing, their fettlements were extended and their churches multiplied. There had been no remarkable quarrel with the favages, except the fhort war with the Pequods, who dwelt in the fouth-caft part of Con- necticut : They being totally fubdued in 1637, the dread and terror of the Englifh kept the other nations quiet for near forty years. During which time the New- England colonies being confederated for their mutual defence, and for maintaining the public peace, took great pains to pro- pagate the gofpel among the natives, and bring
Hubbard's printed Narrative. P. 9. 31.
$ 24
HISTORY OF
bring them to a civilized way of living, which, with refpect to fome, proved ef- fectual ; others refufed to receive the mif- fionaries, and remained obftinately preju- diced againft the Englifh. Yet the object of their hatred was at the fame time the object of their fear ; which led them to forbear acts of hoftility, and to preferve an outward fhew of friendfhip, to their mutual intereft.
Our hiftorians have generally reprefent- ed the Indians in a moft odious light, efpecially when recounting the effects of their ferocity. Dogs, caitiffs, mifcreants and hell-hounds, are the politeft names which have been given them by fome wri- ters, who feem to be in a paffion at the mentioning their cruelties, and at other times ipeak of them with contempt. What- ever indulgence may be allowed to thofe who wrote in times when the mind was vexed with their recent depredations and inhumanities, it ill becomes us to cherifh an inveterate hatred of the unhappy na- tives. Religion teaches us a better tem- per, and Providence has now put an end to the controverfy, by their almoft total extirpation. We fhould therefore proceed with calmnefs in recollecting their paft in- juries, and forming our judgment of their character. It
Hubbard's Narrative and Mather's Magnala.
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It muft be acknowledged that human depravity appeared in thefe unhappy crea- tures in a moft fhocking view. The prin- ciples of education and the refinements of civilized life, either lay a check upon our vicious propenfities, ordifguife our crimes ; but among them human wickednefs was feen in its naked deformity. Yet, bad as they were, it will be difficult to find them guilty of any crime which cannot be par- alleled among civilized nations.
They are always defcribed as remarka- bly cruel ; and it cannot be denied that this difpofition indulged to the greateft ex- cefs, ftrongly marks their character. We are ftruck with horror, when we hear of their binding the victim to the ftake, biting off his nails, tearing out his hair by the roots, pulling out his tongue, boring out his eyes, fticking his fkin full of lighted pitch-wood, half roafting him at the fire, and then making him run for their diver- fion, till he faints and dies under the blows which they give him on every part of his body. But is it not as dreadful to read of an unhappy wretch, fewed up in a fack full of ferpents and thrown into the fea, or broiled in a red hot iron chair ; or mangled by lions and tygers after having fpent his ftrength to combat them forthe di-
wrfion
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HISTORY OF
verfion of the fpectators in an amphithea- tre? and yet thefe were punifhments a- mong the Romans in the politeft ages of the empire. What greater cruelty is there in the American tortures, than in confining a man in a trough, and daubing him with honey that he may be ftung to death by wafps and other venomous infects ; or flea- ing him alive and ftretching out his fkin before his eyes, which modes of punifh- ment were not inconfiftent with the foft -. nefs and elegance of the ancient court of Perfia? or, to comedown to modern times; what greater mifery can there be in the Indian executions, than in racking a prif- oner on a wheel, and breaking his bones one by one with an iron bar ; or placing his legs in a boot and driving in wedges one after another ; which tortures are ftill, or have till lately been ufed in fome Euro -. pean kingdoms ? I forbear to name the torments of the inquifition, becaufe ther feem to be beyond the ftretch of human in- vention. If civilized nations, and thofe who profefs the moft merciful religion that ever bleffed the world, have practifed thefe cruelties, what could be expected of men who were ftrangers to every degree of refinement either civil or mental ?
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