USA > New Hampshire > The history of New Hampshire, from its discovery, in 1614, to the passage of the Toleration act, in 1819 > Part 20
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By the provisions of this salutary law, each post- rider was to perform his route once in two weeks, reversing his course of travel once a fortnight. For the encouragement of this humble mail es- tablishment, and in consideration of an express provision that all public letters, and other matters belonging to the state, should be carried free of postage, the legislature granted twelve pounds per annum to the post-riders on the first, second and fourth routes, and nine pounds to the post-rider on the third. The postage, which on single letters was fixed at sixpence for every forty miles, and
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CHAP. fourpence for any number of miles under forty, X. was granted exclusively to the post-riders. Post- offices were established at Portsmouth, Exeter, Concord, Amherst, Dover, Keene, Charlestown, Hanover, Haverhill and Plymouth; and the several postmasters were allowed to charge a compensation of two pence on every letter and package which should pass through their respective offices.
While the legislature was discharging the duties of the post-office department for its own constit- uency, the business of the patent-office as yet remained in its hands. The same legislature, accordingly, passed an act, "giving to John Young the exclusive right to build chimneys, agreeably to an invention of said Young-accord- ing to a description of said invention lodged with the secretary of state."
The legislation of this, as well as a few pre- ceding and subsequent years, evinces at once great economy in the legislature and great finan- cial distress among the people. In 1791, the salary of the governor was fixed at two hundred pounds, of the chief justice at one hundred and seventy pounds, and the secretary of state at fifty
pounds per annum. Laws, granting relief to towns-directing the treasurer not to issue extents for outstanding taxes-providing for the receipt of specie in payment of public dues, at the rate of one pound for two in state notes-granting reviews and staying, for a limited time, all proceedings against bondsmen, were of frequent occurrence, and indicated, in characters not to be mistaken, the severity of those financial embarrassments, which the expenses of the war had imposed upon
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the people of New Hampshire, and which neither CHAP. the unrivalled industry nor the reviving enterprise of its citizens had yet been able to remove.
In the financial struggle which these embarrass- ments forced upon them, our legislature frequently assumed powers, which no similar bodies have recently exercised; while the general government having been but recently, and as yet but partially organised, the exercise of many of its functions devolved upon the states. The legislation of 1791 was, in many respects, a matter of curious interest to those who have regarded the legisla- tion of our states in those narrower channels only within which it is at present confined. The legis- lature of this state, at that time, exercised not only the proper powers of the legislature, and to some extent those of the judiciary also, but also, as we have seen, discharged on a humble scale, suited to the depression of its financial affairs, the important duties now confided to the patent-office and post- office department of the general government. Its exercised powers were more extensive than those which any legislative body in the country has assumed for the last forty years; and if the una- nimity of the people, in the elections of that period, is to be taken as an indication of the public feel- ing, it exercised them in such a manner as to pro- mote the public welfare and gain the general confidence of the community.
During this year, with a view to elevate the character of the medical profession, to discourage quackery, and prevent unqualified pretenders to medical skill from imposing themselves upon the community, the legislature incorporated the New
X. ~
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CHAP. X. Hampshire Medical Society. Josiah Bartlett, the worthy chief magistrate of the state, was elected its first president.
Some proceedings of the legislature of this year, in relation to the " assumption of the state debts," render it necessary briefly to refer to the measures of the general government upon that subject. On the 19th of January, 1790, soon after the meet- ing of the first congress, Alexander Hamilton introduced his celebrated scheme for the assump- tion of the state debts. In compliance with his recommendation, and after a spirited opposition in both branches of congress, a bill, assuming the debts of the several states, to the amount of $21,500,000, became a law on the 4th of August, 1790. By the provisions of this law, the debts of New Hampshire, which had contributed $375,055 more than her equitable share to the means of conducting the war, were assumed only to the amount of $300,000; while, on the other hand, the debts of New York, which had expended $874,846 less than her proportion of the expenses of the same war, were included to four times that amount. This law met with a serious opposition from all parts of the Union-in some instances founded upon the injustice of its details, and, in others, upon the broad ground of its unconstitu- tionality.
In November, 1790, the house of delegates, in Virginia, passed a series of resolutions, declaring the assumption of the state debts to be a violation of the constitution, and a flagrant invasion of the plainest principles of justice. In June, 1791, the legislature of New Hampshire, surpassed by no
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body of men in the country in their general CHAP. attachment to the administration, adopted, by a X. ~ unanimous vote, a spirited memorial to congress on the same subject. In this memorial they set forth, that this state had contributed, to its utmost ability, both men and money for the successful prosecution of the late war, and thereby accumu- lated a heavy debt; and that, considering this state alone responsible for that debt, by " burthensome taxes" upon themselves, its citizens "had suc- ceeded in paying not only the interest of its debt, but likewise a great part of its principal,"-that having, by these means and by the " most rigor- ous economy, extinguished a large part of their debt, they had received, with general disappro- bation and uneasiness, that part of the late act of congress, in which it is proposed to assume $21,500,000 of the debts of the several states, and make provisions for funding the same." They complained that, by this measure, an increased debt was brought upon the general government, involving the necessity of an increased revenue; and that, " what was still more objectionable and disgusting to the citizens of New Hampshire,". while that state had contributed one twenty-eighth part of the expenses of the war, the sum proposed to be assumed of the debts of the state was less than one seventieth part of the whole; thereby throwing $600,000 of the debts of other states upon the state of New Hampshire. In conclusion, they solemnly " remonstrated against the said act, so far as it relates to the assumption of the state debts," and requested that, " if the assumption must be carried into effect, New Hampshire might
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CHAP. X. be placed on an equal footing with other states." Opposed as they then were in their political attachments, it is a singular circumstance, that, at this early period, Virginia and New Hampshire occupied the same ground upon this important question. Though generally belonging in name to that federal party, which was by many deemed to favor a concentration of all political power in the general government, the people of New Hamp- shire showed, on more occasions than one, a firm attachment to democratic principles, and a patri- otic zeal for their rights as citizens of a sovereign state,
In consequence of the demands of a rapidly increasing commerce, a bank was, in 1792, estab- lished at Portsmouth, with a capital of $160,000, to continue fifty years.
A period of seven years having expired from the first adoption of the state constitution, a con- vention of delegates assembled, near the close of the year 1791, for the purpose of undertaking its revision. The Hon. Samuel Livermore, who had been a distinguished member of the previous con- vention, was elected its president. A variety of amendments, many of them important, were attempted at this time. Among them were, the erasure of the sixth article of the bill of rights, the total abolition of religious tests, and the exclu- sion of attorneys at law from seats in the legis- lature. None of these amendments were adopted. The fact that they were proposed, however, indi- cates, at once, something of the spirit of the times and the condition of the people. Embar- rassed with those debts, which the total depre-
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ciation of the currency of the revolution had im- CHAP. posed upon them, their jealousy of lawyers may X. be considered a fearful indication of the pecuniary distresses with which they were afflicted; while the proposition to expunge all religious tests from the constitution, shows that the spirit of religious toleration had already begun to shed its ennobling influences upon a people, who, in after times, have become so distinguished for its exercise.
It was not till its third session, holden in May, 1792. 1792, that the business of the convention was completed. The constitution, as revised, was marked by very few important changes. The title of the chief magistrate was changed from presi- dent to governor, the more readily to distinguish that officer from the head of the general govern- ment. The senate, under the old constitution, had consisted of twelve members, elected by the several counties-five for the county of Rockingham, two for Strafford, two for Hillsborough, two for Cheshire, and one for Grafton. Under the new constitution the number of senators remained the same, but a provision was made for the division of the state into twelve equal districts, upon the basis of taxation, for their election. The basis of representation in the house of representatives and all the main features of the constitution remained unchanged.
As the constitution of 1784, thus modified, has remained unchanged for a period of nearly fifty years, and is now the basis of our legislation and the corner-stone of our government, a brief synop- sis of its most striking features can neither be unprofitable nor misplaced.
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CHAP. X. The executive power of the state is vested in a governor and five councillors, elected annually by the people. All judicial officers are appointed by the governor and council, and removable upon impeachment, originating in the house of repre- sentatives, and heard and determined by the sen- ate. Both branches of the legislature are judges of the elections, returns and qualification of their own members. The power of pardoning offences against the criminal laws of the state is vested in the governor who is to exercise it only with the consent of the council. Every bill or resolve must, before it becomes a law, be presented to the governor; who, if he approves, is to sign it, and if he disapproves, is to return it to the house where it originated, with his objections. Two thirds of both branches of the legislature, however, concur- ring in the passage of any bill or resolve returned and objected to by the governor, it becomes a law without his assent. All money bills must, by the constitution, originate in the house of representa- tives, though the senate may propose amendments. No member of the legislature can be arrested or held to bail, on any mesne process, during his attendance upon its business, or on his way to or from its sessions. Every male citizen of the state, excepting persons convicted of infamous crimes or supported at the public expense, was allowed the privileges of a freeman.
The convention which assembled soon after the close of the revolution, proposed to limit the num- ber of representatives to fifty, to be duly appor- tioned among the several counties. This pro- position was rejected by a large majority of the
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popular vote. With a large share of the population CHAP. thinly scattered over a wide expanse of territory- X. with a large number of new settlements springing up in the midst of the wilderness, sprinkling the valley of the Connecticut, from the southern line of the state to its source, and gradually finding their way among the hills and mountains of the northern counties-the people wisely judged that a representation so limited, would be altogether inadequate to the purposes for which it was de- signed. It would have placed the legislature at too great a distance from a large portion of the people, to understand their wishes, to judge with accuracy of their interests, or act with any degree of certainty in accordance with their will. These considerations doubtless suggested the excellent system established by the present constitution, under which every town, having one hundred and fifty rateable polls, has its representative, while the larger towns are allowed an additional repre- sentative for every three hundred polls in addition to the above number, and the smaller towns are classed in such a manner as to extend the privi- lege of direct annual representation to every citizen in the state.
During the year 1792, Elder Jesse Lee came from Virginia to the New England states, and, after remaining some time in Massachusetts, vis- ited New Hampshire, and prepared the foundation for the establishment of the first Methodist socie- ties which existed within its limits.
The legislation of this period partook of the simple and economical spirit which characterized the citizens. Our revenue then, as it has been
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CHAP. at all times, was small when compared with our X. resources ; and the expenditures of the state were regarded with a watchful eye and managed with a prudent hand. By the rules of the house for this session, it was provided that no member should be absent, without leave, more than a quarter of an hour at a time, on pain of forfeiting his travel and incurring the censure of the house. Every day's absence of a member, even upon leave, was scru- pulously noted by the clerk, in a roll kept for that purpose, and made the foundation for a corre- sponding reduction in his pay. In a legislature governed by such primitive views of economy, it may be safely inferred that few laws were enacted, and those plain in their provisions and suggested by the wants of the people.
1793.
In June, 1793, the legislature assembled at Concord. Josiah Bartlett had been re-elected governor, with great unanimity; being the first person who had discharged the duties of chief mag- istrate under the new constitution. The smallness of the popular vote at this and the preceding elec- tion, as well as its unanimity, affords us some clue to the political characteristics of the time. The people, at this period, seem hardly to have enter- tained any strongly marked diversity of political opinions. Their elections turned rather upon the merits of the candidates for public favor, than the importance of particular and conflicting senti- ments in relation to public affairs. The high places of the government were generally filled by men who had, in one way or another, evinced an honest devotion to the cause of liberty in the days of the revolution; and the opinions of these men,
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even when on some points they differed from those CHAP. of their fellow-citizens, were lost sight of in a X. - universal attachment, which existed in the minds of all classes of the people, for the soldiers and statesmen, who had proved faithful to their coun- try in the most eventful crisis of its history. Of this class of men, Josiah Bartlett was among the most distinguished. With an imperfect education, he had commenced the practice of medicine, at Kingston, as early as 1750. During the preva- lence of a malignant distemper, in 1754, he pur- sued a course of practice so universally successful as to give him at once a high rank in his pro- fession. Promoted to several offices, at different times, by Governor Wentworth, he was, in Febru- ary, 1775, deprived of all his commissions, as a zealous whig, whom the frowns of the royal gov- ernor could not intimidate, or his favor secure. In 1776 he was a delegate to congress, and was among the first to give his vote and his signature to the Declaration of Independence. For several years he was a judge of one or the other of the state courts, and, in 1790, was raised to the chief magistracy of the state. Honest and unimpeach- able in his private character, simple and yet dig- nified in his manners, deservedly popular in the community in which he lived, and firm and inflex- ible in support of the principles of that Declaration of Independence to which he gave the sanction of his name, he passed the noonday of his existence amid the storms and clouds of a revolution; and the unclouded light of popular favor, shining upon him in the evening of his life, was his just and appropriate reward.
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CHAP. X. Towards the close of the year, Governor Bart- lett was induced, by declining health, to resign the high and responsible station in which the people had placed him; and his retirement to private life was followed not long afterwards by his death.
The ocean of political discussion, which has since been agitated by so many successive and almost perpetual storms, had hitherto rested in unruffled repose. The popularity of Washington, and the mildness and impartiality with which he had administered the government, had united those parties, which circumstances had already created, in support of his measures and of his re-election. The effects of the revolution, however, which had recently occurred in France, soon reached our own shores, and disturbed the harmony of our citizens. The sympathies of a portion of the peo- ple were naturally enlisted in favor of the people of France, whose struggles for liberty reminded them of their own. Another portion, influenced by the exaggerated accounts of the excesses of their former allies, which continually reached them, regarded them with horror, and sympathized with Great Britain in her hostile operations against them. The former class, embracing most of the more ardent friends of state sovereignty and demo- cratic principles, assumed the name of republi- cans. The latter class, including most of those who had favored an imitation of the aristocratic qualities of the British government in the estab- lishment of our own, were called federalists. The first class, many of them, maintained that we were bound by the generous aid which France had af- forded us in our contest with Great Britain, to
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make common cause with her, in defending her CHAP. rights against the aggressions of the same arbi- X. trary power. Many of the people, of both parties, were in favor of the strict neutrality of position which was maintained by General Washington and his administration. On the other hand, a portion of the federal party, more violent than the rest, seemed ready at any moment to form an open alliance with Great Britain, and aid her in her attacks upon a people, who had been so recently the benefactors and faithful allies of this country.
The excitement generated by this state of things extended to New Hampshire, in common with other states ; and opposing parties sprung into existence, as the immediate and necessary consequence. The federalists, however, for a long time maintained an indisputable majority. John Taylor Gilman, a gentleman of great personal influence and un- spotted private character, who was for a long time the acknowledged head of the federal party in New Hampshire, was, in 1794, elected governor. He retained this position for a period of no less than eleven years, and for the same period his party remained in the ascendency.
The history of this state, under the adminis- tration of Governor Gilman, was marked by few public events of importance. Our legislation re- lated principally to the ordinary municipal regula- tion of the little communities into which we were divided; and our political conflicts, though such occasionally existed among us, sprung rather from a diversity of opinion in relation to national affairs, than any general dissatisfaction with the manner in which the concerns of the state itself were con-
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CHAP. ducted. To the popular manners of Mr. Gilman, X. and the general fairness with which he managed our affairs, rather than any deep-rooted attach- ment to federal views of government, must be attributed the repeated re-elections of that gen- tleman, and the long ascendency of his party in this state.
The legislature of 1794 held its June session in the meeting-house at Amherst. During that session, a law was enacted, providing for the redemption of " certain evidences of debts due from the state, and making compensation for the same." This law provided for the redemption of the state notes and state orders, at the rate of fif- teen shillings to the pound ; of the bills of the " new emission," so called, at five shillings to the pound ; and of the " copper-plate notes," and every other species of bills "not before enumerated," at the rate of five shillings for every hundred dollars ! All outstanding taxes, and the stock of the state in the United States' funds, were pledged for that purpose, and the treasurer was authorized to bor- row twenty-five thousand pounds for two years, at six per cent. interest, for the same object. All notes, of a less denomination than three dollars, were to be redeemed at the above rates in specie, and one half of the residue to be paid in specie, and the other half in state notes, payable in eighteen months, and bearing interest at the rate of six per cent.
The entire prostration of the credit of the states, during the revolution, and the almost incalculable losses it imposed upon the community, were never better illustrated, than by the passage of this law.
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Immediately after the commencement of hos- CHAP. tilities in 1775, this state issued paper bills for the X. ~ payment of the troops it furnished for the common defence, and for the support of the government, promising to redeem them in gold and silver. These bills, based upon nothing but the faith of the state, were, for the purpose of giving them greater currency, made a legal tender for the pay- ment of debts. In spite, however, of all the efforts of the legislature, their value constantly depreciated. In 1780, the general government issued a new paper currency, called the "new emission," declaring one dollar of that emission to be worth forty dollars of the old ; and sent to each state its proportion, guarantying its redemption. That proportion of this first national paper cur- rency which fell to this state, was finally redeemed, as I have before related, while large sums of its other bills and evidences of indebtedness were bought up by the treasurer, at the rate of one hundred dollars for one.
The notes and bills of this state were greatly increased in their nominal amount, by the large sums issued to its officers and soldiers, to com- pensate them, from time to time, for the rapid depreciation of its paper already in their hands. Thus, by a fruitless attempt to remedy the evils of a depreciated currency of this state, its debts were immensely increased, and its securities plunged still lower in the scale of worthlessness and depreciation.
When these facts are known, the law of 1794, for the payment of the state debt, may be more readily reconciled with the principles of justice. If
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CHAP. a mere fraction only of the nominal amount of X. the currency of which that debt consisted, was ten- dered for its redemption, it should be remembered that it was issued from necessity, passed dis- credited and depreciated from the treasury, and circulated among the people only for an incon- siderable percentage on its apparent value. One lesson, however, stands out in bold relief from the history of these transactions. It is that neither a noble excuse for issuing a currency which consists in the mere evidence of debt, nor arbitrary laws to sustain its credit with the people, can give it either stability or value, without the existence of a proper and certain fund for its redemption.
The second session of the legislature was this year convened at a period somewhat earlier than usual, in consequence of a controversy arising between this state and the general government, in relation to a seizure made by an armed privateer ship, belonging to citizens of this state, during the earlier period of the revolutionary contest.
Soon after the commencement of the war, several patriotic citizens of Portsmouth had fitted out a privateer ship, called the McClary, under the sanction of the legislature of the state. The McClary having captured an American merchant ship, called the Susanna, bound to an enemy's port, and laden with supplies, the vessel and cargo were regularly condemned in the courts of this state, and adjudged to the captors as their lawful prize. From this decision, the laws of this then sovereign state permitted no appeal. Elisha Doane and others, the owners of the vessel, sub- sequently entered a complaint before a committee
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