USA > New Hampshire > The history of New-Hampshire > Part 39
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The words of the original grants to Mason, describe an extent of sixty miles, from the sea, on each side of the province, and a line to cross over from the end of one line of sixty miles, to the end of the other. The Masonian proprietors pleaded, that this cross line should be a curve, because, no other line would preserve the distance of sixty miles from the sea, in every part of their western boundary. No person had any right to contest this point with them, but the king. It was not for the interest of his gov- ernor and council to object ; because several of them, and of their connections, were of the Masonian propriety ; and no objection was made by any other persons, in behalf of the crown. Survey- ors were employed, at several times, to mark this curve line ; but on running, first from the southern, and then from the eastern boundary, to the river Pemigewassett, they could not make the lines meet. Controversies were thus engendered, between the grantees of crown lands and those of the Masonians, which subsisted for many years. In some cases, the disputes were compromised, and in others, left open for litigation ; till, by the revolution, the government fell into other hands.
This was not the only controversy, which, till that period, remained undetermined. When the extension of the boundary lines gave birth to a demand, for the maintenance of Fort-Dummer, the governor had the address, to call to that assembly, into which he introduced this demand, six new members; who appeared as representatives for six towns and districts, some of which had been, by the southern line, cut off from Massachusetts.2 It was supposed that his design, in calling these members, was to facilitate the adoption of Fort-Dummer. Other towns, which ought to have had the same privilege extended to them, were neglected. When the new members appeared in the house, the secretary, by the governor's order, administered to them the usual oaths; after
(1) MS. letters of Thomlinson. (2) Printed Journal, Jan. 1744.
301
PROVINCE. BENNING WENTWORTII.
1748.]
which, they were asked, in the name of the house, by what au- thority they came thither? They answered, that they were: chosen by virtue of a writ, in the king's name, delivered to their respective towns and districts, by the sheriff. The house remon- strated to the governor, that these places had no right, by law, nor by custom, to send persons to represent them, and then de- barred them from the privilege of voting, in the choice of a speaker ; two only dissenting, out of nineteen. Several sharp messages passed, between the governor and the house, on that occasion ; but the pressing exigencies of the war, and the proposed expedi- tion to Cape-Breton, obliged him, for that time, to give way, and suffer his new members to be excluded, till the king's pleasure could be known.
The house vindicated their proceedings, by appealing to their records ; from which it appeared, that all the additions, which had been made to the house of representatives, were, in consequence of their own votes, either issuing a precept themselves, or request- ing the governor to do it ; from which they argued, that no town, or parish, ought to have any writ, for the choice of a representa- tive, but by a vote of the house, or by an act of the assembly. On the other side, it was alleged, that the right of sending repre- sentatives was originally founded on the royal commission and instructions, and therefore, that the privilege might, by the same authority, be lawfully extended to the new towns, as the king, or his governor, by advice of council, might think proper. The precedents on both sides were undisputed ; but neither party would admit the conclusion drawn by the other. Had this diffi- culty been foreseen, it might have been prevented when the tri- ennial act was made in 1727. The defects of that law, began now to be severely felt ; but could not be remedied.
The dispute having thus subsided, was not revived during the. war ; but as soon as the peace was made, and the king had gone- on a visit to his German dominions, an additional instruction was. sent from the lords justices, who presided in the king's absence, directing the governor to dissolve the assembly then subsisting ; and when another should be called, to issue the king's writ June 30. to the sheriff, commanding him to make out precepts to the towns and districts, whose representatives had been before excluded ; and that when they should be chosen, the governor should support their rights.1
Had this instruction extended to all the other towns in the province, which had not been before represented, it might have been deemed equitable ; but as it respected those only, which had been the subject of controversy, it appeared to be grounded on partial information, and intended to strengthen the prerogative of the crown, without a due regard to the privileges of the people at large.
(1) Douglass ii. 35.
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302
HISTORY OF NEW-HAMPSHIRE. [1749.
The party in opposition to the governor became more acrimo- nious than ever. Richard Waldron, the former secretary, and 1749. the confidential friend of Belcher, appeared in the new assembly and was chosen speaker. The governor nega- Jan. 3. tived him ; and ordered the house to admit the new mem- bers, and choose another speaker. They denied his power of negativing their speaker and of introducing new members. The style of his messages was peremptory and severe ; their answers and remonstrances were calin, but resolute, and in some instances satirical. Neither party would yield. No business was trans- acted ; though the assembly met about once in a month, and was kept alive, by adjournments and prorogations, for three years. Had he dissolved them, before the time for which they were chosen had expired, he knew, that in all probability, the same persons would be re-elected.
The effect of this controversy was injurious to the governor, as well as to the people. The public bills of credit had depreciated since this administration began, in the ratio of thirty to fifty-six ; and the value of the governor's salary had declined in the same proportion. The excise could neither be farmed nor collected ; and that part of the governor's salary, which was funded upon it, failed. The treasurer's accounts were unsettled. The soldiers, who had guarded the frontiers in the preceding war, were not paid ; nor were their muster-rolls adjusted. The public records of deeds were shut up; for the recorder's time having expired, and the appointment being by law vested in the assembly, no choice could be made. No authenticated papers could be ob- tained, though the agent was constantly soliciting for those which related to the controversy about Fort-Dummer, at that time before the king and council .*
When the situation of the province was known in England, an 1750-51. impression to its disadvantage was made on the minds of its best friends ; and they even imagined that the governor's conduct was not blameless.t The language at court
[1749. Plaistow, Litchfield, Newtown, and Hampstead were incorporat- ed. The settlement of Walpole commenced.
1750. Salem and Bedford were incorporated. The last was one of the Narraganset townships. The settlement of it commenced in the winter of 1737, by Robert and James Walker, and in the year following, by John Goffe, afterwards colonel, Matthew Patten, afterwards judge of probate, and captain Samuel Patten, and soon after by many others. See Coll. N. H. Hist. Soc. i. 288-296.
1751. Derryfield, now called Manchester, was incorporated.]
+ August 10, 1749, Mr Thomlinson wrote thus to Mr. Atkinson. 'I am ' sorry to find by your letters, and by every body from your country, the con- ' fusion your Province is in. I wish I could set you right. I cannot help ' thinking that the governor has done some imprudent things ; but the other ' party is fundamentally wrong, and the governor will always be supported as ' long as he conducts himself by his majesty's instructions, and in his right ' of negativing a speaker. Notwithstanding this, I am surprised that he, or 'any other governor, should not think it their interest, to behave so to all "sorts of people under their government, as to make all their enemies their ' friends, rather than to make their friends their enemies.'
303
1750-51.] PROVINCE. BENNING WENTWORTII.
was totally changed. The people of New-Hampshire who had formerly been in favor, as loyal and obedient subjects, were now said to be in rebellion. Their agent was frequently reproached and mortified on their account, and was under great apprehension, that they would suffer, not only in their reputation, but in their interest.1 The agent of Massachusetts was continually soliciting for repayment of the charges of maintaining Fort-Dummer, and is was in contemplation, to take off a large district from the west- ern part of New-Hampshire, and to annex it to Massachusetts, to satisfy them for that expense. Besides this, the paper money of the colonies was under the consideration of parliament ; and the province of Massachusetts was rising into favor for having abolish- ed that system of iniquity. The same justice was expected of New-Hampshire, since they had the same means in their power by the reimbursement granted to them by parliament for the Cape-Breton and Canada expeditions. This money, amounting to about thirty thousand pounds sterling, clear of all fees and com- missions, had lain long in the treasury ; and when it was paid to the agent, he would have placed it in the funds, where it might have yielded an interest of three per cent ; but having no direc- tions from the assembly, he locked it up in the bank. This was a clear loss to them of nine hundred pounds per annum. There were some who reflected on the agent, as if he had made an ad- vantage to himself of this money. Had he done it, his own cap- ital was sufficient to have answered any of their demands ; but it was also sufficient to put him above the necessity of employing their money, either in trade or speculation.
It had also been suggested, that Thomlinson, at the governor's request, had solicited and procured the instruction, which had occasioned this unhappy stagnation of business. When this sug- gestion came to his knowledge, he exculpated himself from the charge, in a letter which he wrote to a leading member of the assembly ; and gave a full account of the matter as far as it had come to his knowledge. He said, that the governor himself had stated the facts in his letters to the ministry ; concerning his call- ing of the new members, in 1745, and their exclusion from the assembly, with the reasons given for it ; and had desired to know
(1) Thomlinson's MS. letters.
October 19, 1749, Mr. Atkinson wrote thus in answer. 'I am supposed ' by many people to be privy to all the governor's transactions here, which is ' totally without foundation. I never saw a letter which he wrote home, nor ' any he received, only, when any of them were communicated to the council ' or assembly; nor any of his speeches or messages. So that, really I cannot ' be said to advise. Neither do I see what reason the people have to complain. ' His greatest enemies are now of the assembly, and in all the controversy, ' not one particular instance of injustice or oppression hath been mentioned ' by them ; and when you read over their several messages, and votes, you ' will not discover any inclination to conceal the least failing he had been the ' author of.'
304
HISTORY OF NEW-HAMPSHIRE. [1750-51.
the king's pleasure, and to have directions how to act.1 That the ministry, without any exception or hesitation, had pronounced his conduct conformable to his duty. That nevertheless, the board of trade had solemnly considered the matter, and consulted coun- sel, and had summoned him, as agent of the province, to attend their deliberation. Their result was, that as the crown had an indisputable right to incorporate any town in England, and qualify it to send members to parliament, so the same right and power had been legally given to all the governors in America ; by means of which, all the assemblies in the king's governments, had in- creased in number, as the colonies had increased in settlements. That any other usage in calling representatives was wrong ; al- though it might have been indulged, when the province was under the same governor with Massachusetts. This was all which pass- ed before the additional instruction came out, which was sent through the hands of the agent, As it was founded on a question concerning the rights and prerogatives of the crown ; he argued the absurdity of supposing, eitlier that it had been solicited, or that any attempt to have it withdrawn could be effectual. His advice was, that they should submit to it; because, that under it, they would enjoy the same rights and privileges with their fellow sub- jects in England, and in the other colonies ; assuring them, that the then reigning prince had never discovered the least inclination to infringe the constitutional rights of any of his subjects.
This advice, however salutary, had not the intended effect. Instead of submitting, the party in opposition to the governor, framed a complaint against him, and sent it to London, to be presented to the king. If they could have prevailed, their next measure would have been, to recommend a gentleman, Sir William Pepperrell, of Massachusetts, for his successor. This manœuvre came to the ears of Thomlinson ; but he was under no necessity to exert himself on this occasion; for the person to whose care the address was intrusted, considering the absurdity of complaining to the king, against his governor, for acting agreeably to his in- structions, was advised not to present it.2 This disappointment vexed the opposition to such a degree, that they would have gladly dissolved the government, and put themselves under the jurisdic- tion of Massachusetts, had it been in their power. But, finding all their efforts ineffectual, either to have the instruction with- drawn, or the governor removed, they consoled themselves with this thought, that it was ' better to have two privileges taken from " them, than voluntarily to give up one.'*
(1) MS. letter of Thomlinson to H. Sherburne, Nov. 13, 1749. (2) MS. letters of Thomlinson.
* [1750. A singular and splendid appearance in the heavens was noticed in the eastern part of New-Hampshire, of which I find the following account in an interleaved almanack, kept by a gentleman of Portsmouth.
" 26 August. This evening I was suddenly surprised by an explosion in
305
PROVINCE. BENNING WENTWORTH.
1752.]
The time for which the assembly was elected having expired, a new one was called in the same manner. They came together with a spirit of moderation, and a disposition to 1752. transact the long neglected business. The members, from Jan. 2. the new towns, quietly took their seats. An unexceptionable speaker, Meshech Weare, was elected. A recorder was ap- pointed. A committee was chosen to settle the treasurer's ac- counts, and a vote was passed for putting the reimbursement money into the public funds in England.1 The governor's salary was augmented, and all things went on smoothly. The party which had been opposed to the governor, declined, in number and in virulence. Some had been removed by death ; others were softened and relaxed. A liberal distribution of commissions, civil and military, was made, and an era of domestic reconciliation commenced.
The controversy respecting Fort-Dummer, and the fear of losing a district in that neighborhood, quickened the governor to make grants of several townships in that quarter, on both sides of Connecticut river ; chiefly to those persons who claimed the same lands, under the Massachusetts title. The war being over, the old inhabitants returned to their plantations, and were strength- ened by additions to their number. It was in contemplation, to extend the settlements, farther up Connecticut river, to the rich meadows of Cohos. The plan was, to cut a road to that place ; to lay out two townships, one on each side of the river, and oppo- site to each other ; to erect stockades, with lodgments for two hundred men, in each township, enclosing a space of fifteen acres ; in the centre of which was to be a citadel, containing the public buildings and granaries, which were to be large enough to receive all the inhabitants, and their moveable effects, in case of necessity. " As an inducement to people to remove to this new plantation ; they were to have courts of judicature, and other civil privileges among themselves, and were to be under striet military discipline. A large number of persons engaged in this enterprise ; and they were the rather stimulated to undertake it, because it was feared, that the French, who had already begun to encroach on the ter- ritory claimed by the British crown, would take possession of this valuable tract, if it should be left unoccupied.
In pursuance of this plan, a party was sent up in the spring of 1752, to view the meadows of Cohos, and lay out the proposed townships.3 The Indians observed them, and suspected their
(1) Records of assembly. Atkinson's MS. letters. (2) Atkinson's MS. letters. (3) MS. letters of Col. Israel Williams.
the air. It was a quarter after nine, and the sky as free from clouds and thick of stars as I ever saw it. It appeared as if the sky opened in the South about half way from the horizon, as large as the broad side of a house, and the flame as deep a color as any fire I ever saw. It closed up gradually, and was near two minutes before it disappeared."]
41
306
HISTORY OF NEW-HAMPSHIRE.
[1752.
intentions. The land was theirs, and they knew its value. A party of the Aresaguntacook, or St. Francis tribe was deputed, to remonstrate against this proceeding. They came to the fort at Number-Four, with a flag of truce ; pretending that they had not heard of the treaty of peace, which had been made with the several Indian tribes. They complained to Captain Stevens, of the encroachment which was meditating on their land ; and said, that they could not allow the English to settle at Cohos, when they owned more land already than they could improve; and, that if this settlement were pursued, they should think the English had a mind for war, and would resist them. This threatening being communicated to the governor of Massachusetts, and by him to the governor of New-Hampshire, threw such discouragement on the project that it was laid aside.
The Indians did not content themselves with remonstrating and threatening. Two of the same tribe named Sabatis and Christi, April. came to Canterbury ; where they were entertained in a friendly manner for more than a month. At their departure, they forced away two negroes ; one of whom escaped and return- ed ; and the other was carried to Crown-Point and sold to a French officer.1 A party of ten or twelve of the same tribe, May. commanded by Captain Moses, met with four young men who were hunting on Baker's river. One of these wa's John Stark.2 When he found himself surprised and fallen into their hands, he called to his brother William Stark, who being in a canoe, gained the opposite shore, and escaped. They fired at the canoe, and killed a young man who was in it.3 Jolin received a severe beating from the Indians for alarming his brother. They carried him and his companion, Eastman, up Connecticut river, through several carrying places, and down the lake Memphrema- gog to the head quarters of their tribe. There they dressed him in their finest robes and adopted him as a son. This early captiv- ity, from which he was redeemed, qualified him to be an expert partisan, in the succeeding war ; from which station, he afterward rose to the rank of brigadier-general in the armies of the United States .*
The next year, Sabatis, with another Indian named Plausawa, came to Canterbury ; where, being reproached with the miscon-
duct respecting the negroes, he and his companion behaved
1753.
in an insolent manner. Several persons treated them very June. freely with strong liquor.4 One followed them into the woods, and killed them, and by the help of another, buried them ; but so shallow, that their bodies were devoured by beasts of prey,
(1) MS. depositions. (2) Shirley's printed conference, 1754. (3) Inform- ation of W. Stark. (4) MS. depositions.
* [1752. The towns of Chesterfield, Westmoreland, Walpole and Rich- mond were incorporated.]
307
PROVINCE. BENNING WENTWORTH.
1752.]
and their bones lay on the ground .* By the treaties of peace, it had been stipulated, on the one part, that if any of the Indians should commit an act of hostility against the English, their young men should join with the English in reducing such Indians to sub- mission ; and on the other hand, that if an Englishman should injure any of them, no private revenge should be taken ; but ap- plication should be made to the government for justice. In the autumn of the same year, a conference being held, with the east- ern Indians, by the government of Massachusetts, a present was made to the Aresaguntacook tribe, expressive of an intention to wipe away the blood. They accepted the present, and ratified the peace which had been made in 1749.1 +
(1) Printed conference, 1753.
* [The names of the persons concerned in the death of these Indians, it appears from the Rev. Mr Price's History of Boscawen, p. 44, were Bowen and Morril. The circumstances of their death are particularly narrated in an article entitled Indian Bridge. in the Coll. of Farmer and Moore, iii. 27-29. It appears from that account, that the person who killed them was Peter Bow- en, to whose house in Contoocook, (Boscawen) he invited them to stay dur- ing the night. " They had been in a surly mocd and had used some threats to two persons who offered to trade with them that day, but became in better humor on being freely treated with rum by their host. The night was spent in a drunken Indian frolic, for which Bowen had as good a relish as his. guests. As they became intoxicated, he fearing that they might do mischief, took the precaution to make his wife engage their attention, while he drew the charges from their guns. The next morning, they asked Bowen to go with his horse, and carry their baggage to the place where their canoe was left the evening before. He went and carried their packs on his horse. As they went, Sabatis proposed to run a race with the horse. Bowen suspecting mis- chief was intended, declined the race, but finally consented to run. He how- ever, took care to let the Indian outrun the horse. Sabatis laughed heartily at Bowen, because his horse could run no faster. They then proceeded ap- parently in good humour. After a while, Sabatis said to Bowen-" Bowen walk woods,"-meaning " go with me as a prisoner." Bowen said, " No walk woods, all one brothers." They went on until they were near the canoe, when Sabatis proposed a second race, and that the horse should be unloaded of the baggage and should start a little before him. Bowen refused to start so, but consented to start together. They ran, and as soon as the horse had got a little before the Indian, Bowen heard a gun snap. Looking round, he saw the smoke of powder, and the gun aimed at him. He turned and struck his tomahawk in the Indian's head. He went back to meet Plausawa, who seeing the fate of Sabatis, took aim with his gun at Bowen. The gun flash- ed. Plausawa fell on his knees and begged for his life. He pleaded his in- nocence, and former friendship for the English; but all in vain. Bowen knew there would be no safety for him while the companion and friend of Sabatis was living. To secure himself, ho buried the same tomahawk in the skull of Plausawa. This was done in the road on the bank of Merrimack riv- er, near the northerly line of Boscawen. Bowen hid the dead bodies under a small bridge in Salisbury. The next spring the bodies were discovered and buried."]
+ [1753. Keene, Charlestown, Swanzey, Winchester and Hinsdale were incorporated. Swanzey was first granted by Massachusetts in 1734, to 64 proprietors, whose first meeting was holden at Concord, Mass., 27 June, that year. Until its incorporation by New-Hampshire, it was called Lower-Ashue- lot, from the Indian name of the river, which was originally Ashaclock. From 1741 to 1747, this town suffered much from Indian depredations. Several of the inhabitants were killed and some were made prisoners. The province of Massachusetts, under whose jurisdiction this town had remained thirteen
308
HISTORY OF NEW-HAMPSHIRE. [1754.
The two men who killed Sabatis and Plausawa, were appre- hended and brought to Portsmouth. A bill was found against 1754. them by the grand jury, and they were confined in irons. In the night, before the day appointed for their trial, an armed mob from the country, with axes and crows, forced the prison, and carried them off in triumph. A proclamation was issued, and a reward offered by the governor for apprehending the rioters ; but no discovery was made, and the action was even deemed meritorious.1 The next summer, another conference was held at Falmouth, at which commissioners from New-Hamp- shire assisted. The Aresaguntacooks did not attend ; but sent a message purporting that the blood was not wiped away. The commissioners from New-Hampshire made a handsome present, to all the Indians, who appeared at this conference ; which ended as usual, in the promise of peace and friendship.2
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