The history of New-Hampshire, Part 21

Author: Belknap, Jeremy, 1744-1798. cn; Farmer, John, 1789-1838, ed. cn
Publication date: 1831
Publisher: Dover [N. H.] S. C. Stevens and Ela & Wadleigh
Number of Pages: 546


USA > New Hampshire > The history of New-Hampshire > Part 21


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Though not illnatured, but rather of an open and generous dis- position, yet he wanted those accomplishments which he might have acquired by a learned and polite education. He had but little of the statesman, and less of the courtier. Instead of an engaging affability he affected a severity in his deportment, was loud in conversation, and stern in command. Fond of presiding in government, he frequently journeyed into the province, (though his residence was at Boston, where he carried on his business as usual,) and often summoned the council, when he had little or nothing to lay before them. He gave orders, and found fault like one who felt himself independent, and was determined to be obeyed. He had an high idea of his authority and the dignity of his commission ; and when opposed and insulted, as he some- times was, he treated the offenders with a severity, which he would not relax, till he had brought them to submission. His public speeches were always incorrect, and sometimes coarse and reproachful.2


He seems, however, to have taken as much care for the inter- est and preservation of the province as one in his circumstances


(1) Usher's papers. (2) Province files.


149


PROVINCE. JOIN USHIER.


could have done. He began his administration in the height of a war, which greatly distressed and impoverished the country, yet his views from the beginning were lucrative .* The people perceived these views, and were aware of the danger. The transfer of the title from Mason to Allen was only a change of names. They expected a repetition of the same difficulties under a new claimant. After the opposition they had hitherto made, it could not be thought strange that men whose pulse beat higli for freedom, should refuse to submit to vassalage ; nor, whilst they were on one side defending their possessions against a sav- age enemy, could it be expected, that on the other, they should tamely suffer the intrusion of a landlord. Usher's interest was united with theirs in providing for the defence of the country, and contending with the enemy ; but when the proprietary of the soil was in question, they stood on opposite sides ; and as both these controversies were carried on at the same time, the conduct of the people toward him varied according to the exigency of the case. They sometimes voted him thanks for liis services, and at other times complained of his abusing and oppressing them.


Some of them would have been content to have held their es- tates under Allen's title,t but the greater part, including the principal men, were resolved to oppose it to the last extremity. They had an aversion not only to the proprietary claim on their lands, but their separation from the Massachusetts government, under which they had formerly enjoyed so much freedom and peace. They had petitioned to be re-annexed to them, at the time of the revolution ; and they were always very fond of ap- plying to them for help in their difficulties, that it might appear how unable they were to subsist alone. They knew also that the Massachusetts people were as averse as themselves to Allen's claim, which extended to a great part of their lands, and was particularly noticed in their new charter.


Soon after Usher's arrival, he made inquiry for the papers which contained the transactions relative to Mason's suits. Du- ring the suspension of government in 1689, Captain John Picker- ing,¿ a man of a rough and adventurous spirit, and a lawyer, had gone with a company of armed men to the house of Chamberlain, the late secretary and clerk, and demanded the records and files


* In a letter to George Dorrington and John Taylor in London, he writes thus : " Jan. 29, 1692-3. In case yourselves are concerned in the province " of New-Hampshire, with prudent management it may be worth money, the " people only paying 4d and 2d per acre. The reason why the commonalty " of the people do not agree is because 3 or 4 of the great landed men dissuade " them from it. The people have petitioned the king to be annexed to Bos- " ton government, but it will not be for the proprietor's interest to admit of


" that unless the king sends a general governor over all."


+ " I have 40 hands in Exeter who desire to take patents for land from you, " and many in other towns." Usher to Allen, October, 1695.


# [He often wrote his name Pickerin.]


150


HISTORY OF NEW-HAMPSHIRE.


[1693.


which were in his possession. Chamberlain refused to deliver them without some legal warrant for security ; but Pickering took them by force, and conveyed them over the river to Kittery. Pickering was summoned before the governor, threatened and im- prisoned, but for some time would neither deliver the books, nor discover the place of their concealment, unless by order of the assembly and to some person by them appointed to receive them. At length, however, he was constrained to deliver them, and they were put into the hands of the secretary, by the lieutenant-gov- ernor's order.


Another favorite point with Usher was to have the boundary between New-Hampshire and Massachusetts ascertained. There 1693. were reasons which induced some of the people to fall in with this desire. The general idea was, that New-Hamp- shire began at the end of three miles north of the river Merri- . mack ; which imaginary line was also the boundary of the ad- joining townships on each side. The people who lived, and owned lands near these limits, pretended to belong to either prov- ince, as best suited their conveniency ; which caused a difficulty in the collecting of taxes, and cutting of timber. The town of 1695. Hampton was sensibly affected with these difficulties, and Oct. 12. petitioned the council that the line might be run. The council appointed a committee of Hampton men to do it, and gave notice to Massachusetts of their intention ; desiring them to join in the affair.1 They disliked it, and declined to act ; upon which, the lieutenant-governor and council of New-Hampshire caused the boundary line to be run from the sea-shore three miles northward of Merrimack, and parallel to the river, as far as any settlements had been made, or lands occupied.2


The only attempt made to extend the settlement of the lands during these times, was, that in the spring of the year 1694, whilst there was a truce with the Indians, Usher granted a charter for the township of Kingston, to about twenty petitioners from Hamp- ton. They were soon discouraged by the dangers and difficul- ties of the succeeding hostilities, and many of them returned home within two years. After the war, they resumed their en- terprise ; but it was not till the year 1725, that they were able to obtain the settlement of a minister. No alterations took place in the old towns, except the separation of Great-Island, Little- 1693. Harbor, and Sandy-Beach, from Portsmouth, and their erection into a town by the name of New-Castle ; togeth- er with the annexation of that part of Squamscot patent which now bears the name of Stratham, to Exeter, it having before been connected with Hampton.3


The lieutenant-governor was very forward in these transactions,


(1) Prov. files. (2) Brief of the case of N. H. and Mass. stated by Strange and Hollings, 1738, p. 8. (3) Prov. files.


151


PROVINCE. JOHN USHER.


1693.]


thinking them circumstances favorable to his views, and being willing to recommend himself to the people by seconding their wishes as far as was consistent with the interest he meaned to serve. The people, however, regarded the settling and dividing of townships, and the running of lines, only as matters of general convenience, and continued to be disgusted with his administra- tion. His repeated calls upon them for money were answered by repeated pleas of poverty, and requests for assistance from the neighboring province. Usher used all his influence with that gov- ernment to obtain a supply of men to garrison the frontiers ; and when they wanted provisions for the garrisons, and could not read- ily raise the money, he would advance it out of his own purse and wait till the treasury could reimburse it.


During the two or three first years of his administration the public charges were provided for as they had been before, by an excise on wines and other spirituous liquors, and an impost on merchandize. These duties being laid only from year to year, Usher vehemently urged upon the assembly a renewal of the act, and an extension of the duty to articles of export ; 1695. and that a part of the money so raised might be applied to Nov.7-9. the support of government. The answer he obtained was, that ' considering the exposed state of the province, they were obliged ' to apply all the money they could raise to their defence ; and ' therefore they were not capable of doing any thing for the sup- ' port of government, though they were sensible his honor had ' been at considerable expense. They begged that he would join ' with the council in representing to the king, the poverty and ' danger of the province, that such methods might be taken for ' their support and preservation as to the royal wisdom should ' seem meet.' Being further pressed upon the subject, they pass- ed a vote to lay the proposed duties for one year, ' provided he ' and the council would join with them in petitioning the king to 'annex them to Massachusetts.'


He had the mortification of being disappointed in his expecta- tions of gain, not only from the people, but from his employer. Allen had promised him two hundred and fifty pounds per annum for executing his commission ; and when at the end of the third year, Usher drew on him for the payment of this sum, his bill came back protested .* This was the more mortifying, as he had as- siduously and faithfully attended to Allen's interest, and acquaint- ed him from time to time with the means he had used, the diffi- culties he had encountered, the pleas he had urged, the time he had spent, and the expense he had incurred in defence and sup- port of his claim. He now desired him to come over and assume the government himself, or get a successor to him appointed in


* It is probable that Allen was not able to comply with this demand. The purchase of the province from the Masons had been made " with other men's money." Letter of Usher to Sir Matthew Dudley, Sept. 1718.


152


HISTORY OF NEW-HAMPSHIRE. [1695.


the office of licutenant-governor.1 He did not know that the peo- ple were before hand of him in this latter request.


On a pretence of disloyalty he had removed Hinckes, Wal- dron and Vaughan from their seats in the council .* The former of these was a man who could change with the times; the two latter were steady opposers of the proprietary claim. Their sus- pension irritated the people, who, by their influence, privately agreed to recommend William Partridge, Esq., as a proper person for their lieutenant-governor in Usher's stead. Partridge was a native of Portsmouth, a shipwright, of an extraordinary mechan- ical genius, of a politic turn of mind, and a popular man. He was treasurer of the province, and had been ill used by Usher. Being largely concerned in trade he was well known in England, having supplied the navy with masts and timber. His sudden de- parture for England was very surprising to Usher, who could not imagine he had any other business than to settle his accounts .- 1697. But the surprise was greatly increased, when he returned


with a commission appointing him lieutenant-governor and Jan. commander in chief in Allen's absence. It was obtained of the lords justices in the king's absence, by the interest of Sir Henry Ashurst, and was dated June 6, 1696.


Immediately on his arrival, his appointment was publicly made known to the people ; though, either from the delay of making out his instructions, or for want of the form of an oath necessary to be taken, the commission was not published in the usual manner. But the party in opposition to Usher triumphed. The suspended counsellors resumed their seats, Pickering was made king's attor- June 8. 1 ney, and Hinkes, as president of the council, opened the assembly with a speech. This assembly ordered the records which had been taken from Pickering to be deposited in the hands of Major Vaughan, who was appointed recorder : in consequence of which they have been kept in that office ever since.3


Usher being at Boston when this alteration took place, wrote to them, declaring that no commission could supersede his, till duly published ; and intimated his intention of coming hither, " if he could be safe with his life." He also despatched his secretary, Feb. 20. Charles Story, to England, with an account of this trans-


action, which in one of his private letters he styles " the Pascataqua rebellion ;" adding, that " the militia were raised, and forty horse sent to seize him ;" and intimating that the confusion was so great, that " if but three French ships were to appear, he


(1) Usher's letter to Allen, July and Oct. 1695. (2) Ashurst's letters in files. (3) MS. Laws.


* [The alleged cause of the suspension of Waldron and Vaughan was their refusing to take the oath of allegiance, according to a Law of the Province of July, 1696, requiring all male persons from 16 years old and upwards to take said oath, and for refusing to sign an association paper according to the form of the statute in England.]


153


PROVINCE. WILLIAM PARTRIDGE.


1697.]


believed they would surrender on the first summons."1 The ex- treme imprudence of sending such a letter across the Atlantic in time of war, was still heightened by an apprehension which then prevailed, that the French were preparing an armament to invade' the country, and that " they particularly designed for Pascataqua river."2


In answer to his complaint, the lords of trade directed him to continue in the place of lieutenant-governor, till Partridge should qualify himself, or till Richard, Earl of Bellomont, should arrive ; who was commissioned to the government of New-


Aug. 8. York, Massachusetts Bay and New-Hampshire ; but had not yet departed from England. Usher received the letter from the lords together with the articles of peace which had been con- Dec. 10. cluded at Ryswick, and immediately set off for New- Hampshire, (where he had not been for a year) proclaimed the peace, and published the orders he had received, and having proceded thus far, " thought all well and quiet." Dec. 13. But his opposers having held a consultation at night, Partridge's commission was the next day published in form ; he took Dec. 14. the oaths, and entered on the administration of govern- ment,3 to the complete vexation and disappointment of Usher, who had been so elated with the confirmation of his commission, that as he passed through Hampton, he had forbidden the minister of that place to observe a thanksgiving day, which had been appoint- ed by President Hinckes.4


An assembly being called, one of their first acts was to write to the lords of trade, 'acknowledging the favor of the king 'in appointing one of their own inhabitants to the command 1698. ' of the province, complaining of Usher, and alleging that Jan. 3. ' there had been no disturbances but what he himself had made ; de- ' claring that those counsellors whom he had suspended were loy- ' al subjects, and capable of serving the king ; and informing their ' lordships that Partridge had now qualified himself, and that they ' were waiting the arrival of the Earl of Bellomont.'


They also deputed Ichabod Plaisted to wait on the Earl at New-York, and compliment him on his arrival. 'If he should ' find his lordship high, and reserved, and not easy of access, he ' was instructed to employ some gentleman who was in his confi- ' dence to manage the business ; but if easy and free, he was to ' wait on him in person ; to tell him how joyfully they received ' the news of his appointment, and that they daily expected Gov- ' ernor Allen, whose commission would be accounted good, ' till his lordship's should be published, and to ask his advice, ' how they should behave in such a case.'5 The principal design of this message was to make their court to the earl, and get the


(1) Usher's Letters. (2) Lt. Gov. Stoughton's letter of Feb. 22, in files. (3) Usher's papers. (4) Council files. (5) Plaisted's instructions, in files. 22


154


HISTORY OF NEW HAMPSHIRE .. [1698.


start of Usher, or any of his friends, who might prepossess him with an opinion to their disadvantage. But if this should have happened, Plaisted was directed ' to observe what reception they ' met with. If his lordship was ready to come this way, he was ' io beg leave to attend him as far as Boston, and then ask his ' permission to return home ;' and he was furnished with a letter of credit to defray his expenses. This message, which shows the contrivers to be no mean politicians, had the desired effect.


The earl continued at New-York for the first year after his ar- rival in America ; during which time, Governor Allen came over,


Aug. 28.


as it was expected, and his commission being still in force,


he took the oaths and assumed the command. Upon Sept. 15. which, Usher again made his appearance in council, Nov. 29. where he produced the letter from the lords of trade, claiming his place as lieutenant-governor, and declared that the suspended counsellors had no right to sit till restored 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 suspended without cause, and that if they were not allowed to sit, the rest were determined to resign. The governor declared Usher to be of the council ; upon which Elliot withdrew.


At the succeeding assembly, two new counsellors appeared ; Joseph Smith, and Kingsly Hall .* The first day passed quietly.


1699. The governor approved Pickering as speaker of the house ;


Jan. 5. told them he had assumed the government, because the Earl of Bellomont had not arrived ; recommended a con- tinuance of the excise and powder money, and advised them to send a congratulatory message to the Earl at New-York. The next day, the house answered, that they had continued Jan. 6. the customs and excise till November, that they had al- ready congratulated the earl, and received a kind answer, and were waiting his arrival ; when they should enter further on busi- ness. They complained that Allen's conduct had been grievous in forbidding the collecting of the last tax, whereby the public debts were not paid ; in displacing sundry fit persons, and ap- pointing others less fit, and admitting Usher to be of the council, though superseded by Partridge's commission. These things, they told him, had obliged somne members of the council and as- sembly to apply to his lordship for relief, and, " unless he should manage with a more moderate hand," they threatened him with second application.


The same day, Coffin and Weare moved a question in council, whether Usher was one of that body. He asserted his privilege, and obtained a major vote. They then entered their dissent, and


* [Joseph Smith was of Hampton. Kingsly Hall was of Exeter. The last married a daughter of Rev. Samuel Dudley.]


155


PROVINCE. BELLOMONT.


1699.]


desired a dismission. The governor forbade their departure. Weare answered that he would not, by sitting there, put contempt on the king's commission, meaning Partridge's, and withdrew. The next day, the assembly ordered the money arising from the impost and excise to be kept in the treasury, till the Earl of Bell- omont's arrival ; and the governor dissolved them.


These violences on his part were supposed to originate from Usher's resentment, and his overbearing influence upon Allen, who is said to have been rather of a pacific and condescending disposition. The same ill temper continued during the remainder of this short administration. The old counsellors, excepting Fry- er, refused to sit. Sampson Slieafe and Peter Weare made up the quorum. Sheafe was also secretary ; Smith treasurer, and William Ardell sheriff. The constables refused to collect the taxes of the preceeding year, and the governor was obliged to revoke his orders, and commission the former constables to do the duty which he had forbidden.#1


In the spring, the earl of Bellomont set out for his eastern gov- ernments. The council voted an address, and sent a committee, of which Usher was one, to present it to him at Boston ; and preparations were made for his reception in New-Hampshire ; where he, at length, came and published his commission, July 31. to the great joy of the people, who now saw at the head of the government, a nobleman of distinguished figure and polite manners, a firm friend to the revolution, a favorite of King Will- iam, and one who had no interest in oppressing them.


(1) MS. in the files. -


" [On the 6 January, 1699, the Eastern Indians renewed their submission to the Crown of England, at Casco Bay, near " Mare's point," (Coll. N. H. Hist. Soc. ii. 265-267) whereupon lieutenant-governor Stoughton issued a proclamation, a copy of which was sent to governor Allen, of New-Hampshire, accompanied with the following letter, lately discovered among secretary Waldron's papers.


" Honble Sir :- Upon the late submission made by the Eastern Indians which it's hoped will settle all things in a present quiet, I have thought fit, with the advice and consent of his Ma: tys Council here, to emit a Proclama- tion (copy whereof is enclosed) to promote the regular settlement of the East- ern parts of this Province, and for regulating of Trade with the Indians, the better to secure and preserve his Ma'tys Interests and the future peace and tranquillity of his subjects, that no just provocation may be given to the In- dians, or any abuse or injustice done them therein-the terms whereof the governmt. here expect an exact compliance with, and conformity unto. And judge it necessary for his Ma'tys service that your honour be acquainted therewith, to the end his Ma : tys subjects within your Government may be notified thereof in such way as you shall think most adviseable. that neither the good intent of the sd. Proclamation be defeated, nor they suffer any loss or damage by acting any thing contrary thereunto within the parts of this his Ma : tys Government. Assuring my selfe nothing will be wanting on your honor's part to prevent the mischiefes that may ensue upon neglect of the due observance thereof, I am with much respect, Sir,


Your very humble servant,


WM. STOUGHTON."


" Boston, February 16th : 1698."(1)


(1) That is 1698-9.]


156


HISTORY OF NEW-HAMPSHIRE.


[1699.


During the controversy with Allen, Partridge had withdrawn ; but upon this change, he took his seat as lieutenant-governor, and the displaced counsellors were again called to the board. A pe- tition was presented against the judges of the superior court, and a proclamation was issued for justices of the peace and constables only to continue in office, whereby the judges' commissions de- termined. Richard Jose was made sheriff in the room of Ardell, and Charles Story secretary in the room of Sheafe.


The government was now modelled in favor of the people, and they rejoiced in the change, as they apprehended the way was opened for an effectual settlement of their long continued diffi- culties and disputes. Both parties laid their complaints before the governor, who wisely avoided censuring either, and advised to a revival of the courts of justice, in which the main controversy might be legally decided. This was agreed to, and the necessary acts being passed by an assembly, (who also presented the earl with five hundred pounds which he obtained the king's leave to accept) after about eighteen day's stay, he quitted the province, leaving Partridge, now quietly seated in the chair, to appoint the judges of the respective courts. Hinckes was made chief jus- tice of the superior court, with Peter Coffin, John Gerrish and John Plaisted for assistants ; Waldron chief justice of the inferior court, with Henry Dow, Theodore Atkinson and John Woodman for assistants.1


One principal object of the earl's attention was, to fortify the harbor, and provide for the defence of the country in case of another war. He had recommended to the assembly, in his speech, the building of a strong fort on Great Island, and after- ward, in his letters, assured them that if they would provide ma- 1700. terials, he would endeavor to prevail on the king to be at June 6. the expense of erecting it. Col. Romer, a Dutch En- gineer, having viewed the spot, produced to the assembly an estimate of the cost and transportation of materials, amounting to above six thousand pounds. They were amazed at the pro- posal ; and returned for answer to the governor, that in their greatest difficulties, when their lives and estates were in the most imminent hazard, they were never able to raise one thousand pounds in a year ;* that they had been exceedingly impoverished


(1) Council Records.


* I have here placed in one view such assessments as I have been able to find during the preceding war, with the proportion of each town, which varied according to their respective circumstances at different times.




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