The history of New-Hampshire, Part 44

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


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Among the improvements, which during this administration, were made in the province, one of the most conspicuous, 1769. was the establishment of a seminary of literature. It was founded on a projection of Doctor Eleazar Wheelock, of Lebanon, in Connecticut, for the removal of his Indian charity school.


The first design of a school of this kind was conceived by Mr. John Sergeant, missionary to the Indians, at Stockbridge.


A rambling mode of life, and a total want of letters, were ever un- friendly to the propagation of religious knowledge among the savages of America.2 That worthy missionary, intent on the business of his profession, and having observed the progress made by some of the younger Indians, who resided in the English fam- ilies, in reading and other improvements, conceived the benevolent idea of changing their whole habit of thinking and acting ; and raising them from their native indolence to a state of civilization ; and at the same time, by introducing the English language, instead of their own barren dialect, to instil into their minds the principles of morality and religion.


To accomplish this design, he procured benefactions from many well disposed persons both here and in England ; and began a school at Stockbridge ; where the Indian youth were to be maintained, under the instruction of two masters; one to oversee their studies, and the other their field labor ; whilst a matron should direct the female children in acquiring the arts of domestic life. Death put an end to the labors of this excellent man (1749) before his plan could be accomplished.


This design was revived by Wheelock. Having made some experiments, he was encouraged to proceed, (1754) by the tractable disposition of the Indian youths, and their proficiency in learning ; but especially, by the numerous benefactions, which he received from the friends of religion and humanity. Among which, a donation of Joshua Moor, of Mansfield, being the largest, in the infancy of the institution, determined its name 'Moor's school.'3


To increase the means of improvement, charitable contributions were solicited in different parts of America, in England, and in Scotland. The money collected in England, was put into the


(1) Journal of Assembly. (2) Hopkins' memoirs of the Housatoonock In- dians, 1736. (3) Wheelock's printed narrative.


* [1769. Raby, now Brookline, Temple, Surry and Concord, now Lisbon, were incorporated. Sanbornton and Wolfeborough were incorporated the next year.]


342


HISTORY OF NEW-HAMPSHIRE.


[1769.


hands of a board of trustees, of whom the Earl of Dartmouth was at the head ; and that collected in Scotland was committed to the society for promoting christian knowledge.


As an improvement on the original design, a number of Eng- lish youths were educated with the Indians, both in literary and agricultural exercises ; that their example might invite the Indians to the love of those employments, and abate the prejudice which they have universally imbibed, that it is beneath the dignity of man to delve in the earth.


As the number of scholars increased, it became necessary to erect buildings, and extend cultivation. That part of the country in which the school was first placed, being filled with inhabitants, a removal was contemplated. When this intention was publicly known, offers were made by private and public persons in several of the neighboring colonies. The wary foresight of the founder, aided by the advice of the board of trustees, in England, led him to accept an invitation made by the governor, and other gentlemen of New-Hampshire. The township of Hanover, on the eastern bank of Connecticut river, was finally determined on, as the most convenient situation for the school ; to which the governor annexed Dec. 13. a charter of incorporation for a university, which took the name of Dartmouth College, from its benefactor, the Earl of Dartmouth. Of this university, Doctor Wheelock was declared the founder and the president ; with power to nominate his suc- cessor, in his last will. A board of twelve trustees was constituted, with perpetual succession ; and the college was endowed with a large landed estate, consisting of one whole township (Landaff) besides many other tracts of land in different situations, amounting in the whole, to forty-four thousand acres. One valuable lot, of five hundred acres, in the township of Hanover, given by the late governor, Benning Wentworth, was fixed upon as the site of the school and college. Besides these donations of land, the amount of three hundred and forty pounds sterling, was subscribed, to be paid in labor, provisions, and materials for building. With these advantages, and the prospect of a rapidly increasing neighborhood, in a fertile soil, on both sides of Connecticut river, Doctor Wheel- ock removed his family and school into the wilderness. 1770. At first, their accommodations were similar to those of


Sept. other settlers, on new lands. They built huts of green logs, and lived in them, till a proper edifice could be erected. The number of scholars, at this time, was twenty-four ; of which eighteen were white, and the rest Indians.


Experience had taught Doctor Wheelock, that his Indian youths, however well educated, were not to be depended on for instruct- ors of their countrymen. Of forty, who had been under his care, twenty had returned to the vices of savage life ; and some, whom he esteemed ' subjects of divine grace, had not kept their garments


343


PROVINCE. JOHN WENTWORTH, 2d.


1770.]


' unspotted.'1 It was, therefore, in his view, necessary that a greater proportion of English youths should be educated, to serve as missionaries, and oversee the conduct of the Indian teachers. This was given as the grand reason, for uniting the college with the Indian school, and placing it under the same government ; though the appropriations were distinctly preserved. That the general concerns of the institution might be better regulated, and the intrusion of vicious persons within the purlieus of the college pre- vented ; a district of three miles square was put under its juris- diction, and the president was invested with the office of a magis- trate. In 1771, a commencement was held, and the first degrees were conferred, on four students ;* one of whom was John Wheelock, the son and successor of the founder.


Another improvement - was made about the same time, by dividing the province into counties. This had been long sought, but could not be obtained. The inconvenience to which the people in the western parts of the province were subject, by reason of their distance from Portsmouth, where all the courts were held, was extremely burdensome ; whilst the convenience and emoluments of office were enjoyed by gentlemen in that vicinity. Some attemps to divide the province had been made in the former administration ; but without effect. The rapid in- crease of inhabitants for several years, made a division so neces- sary, that it had become one of the principal subjects of debate, in the assembly, from the time of the governor's arrival. Several sessions passed before all points could be adjusted. The number of counties, and the lines of division, were not easily agreed to, and a punctilio of prerogative about the erecting of courts, made some difficulty ; but it was finally determined, that the number of counties should be five ; and the courts were established by an act of the whole legislature. It was passed with a clause, sus- pending its operation, till the king's pleasure should be known. The royal approbation being obtained, it took effect in 1771. The five counties were named by the governor, after some of his friends in England, Rockingham, Strafford, Hillsborough, Cheshire


(1) Narrative No. 5, p. 20, 21.


* [These students were Levi Frisbie, afterwards minister of Ipswich, who died 25 February, 1806, aged 58 ; Samuel Gray, a native and resident of. Windham, Connecticut, the only survivor of the class; Sylvanus Ripley, af- terwards professor of divinity at the college, who died in July, 1787 ; and John Wheclock, the president of the college from 1779 to 1815, who died 4 April, 1817, aged 63. The number of graduates since the foundation of the institution is 1637. The presidents who have successively presided over it have been Eleazar Wheelock, D. D., who died 24 April, 1779, ÆEt. 68 ; John Wheelock, LL. D., from 1779 to 1815, died 4 April, 1817, Æt. 63; Francis Brown, D. D., from 1815 to his death, 27 July, 1820, Æt. 36 ; Daniel Dana, D. D., part of the years 1820 and 1821 ; Bennet Tyler, D. D., from 1822 to 1828; and Nathan Lord, D. D., who was inducted into office, 28 October, 1828.]


344


HISTORY OF NEW-HAMPSHIRE.


[1771.


and Grafton. The counties of Strafford and Grafton being much less populous, than the others, were to remain annexed to the county of Rockingham, till the governor, by advice of council, should declare them competent to the exercise of their respective jurisdictions ; which was done in 1773 .*


The year 1771 was also distinguished by the abolition of pa- per currency. Silver and gold had been gradually introduced, and the paper had for several years been called in by taxes. The time limited for its existence being now come, it totally dis- appeared. +


The death of the late governor1 produced consequences which materially affected his successor. This family had been for many years of the first rank in the province, and some of its members and connexions had held the principal offices. In such a case, domestic union may be considered as necessary to preserve public honor. The late governor, though superseded, had been treated with every mark of respect ; and having no children, it was expected his successor would be his principal heir. A later will, made in favor of his young widow, and unknown till after his death, caused a sudden disappointment ; which, if it had evapo- rated in private reflections only, might have passed among the infirmities incident to humanity, and with them might have been consigned to oblivion ; for it is beneath the dignity of history, to record the altercations of families, unless they are connected with public transactions, or events.


Antiquated claims upon the late governor's estate were revived ; and law-suits were commenced, which probably would not have been agitated, if the expected disposition had been made. But the most alarming effect of this unhappy disappointment was a question, which the governor moved in council, 'whether the ' reservation of five hundred acres, in the several townships, made ' by the late governor, Benning Wentworth, in the charter grants, " conveyed the title to him ?' The council determined this ques- tion in the negative. The governor then asked, whether they would advise him to grant the said tracts, to such of his majesty's subjects, as should settle and cultivate the same ? To this they gave their assent.2 Seven of the counsellors present on this oc- casion were the governor's relations. The eighth was Peter Livius, a gentleman of foreign extraction, who entered his dissent.


(1) Oct. 14, 1770, Ætat. 75. (2) March 19-MS. deposition of seven of the council.


* [Three other counties have since been incorporated, viz. Cohos, formed of the north part of Grafton, 24 December, 1803; Merrimack, taken from the counties of Rockingham and Hillsborough, 3 July, 1823 ; and Sullivan, be- ing the north division of Cheshire, 5 July, 1827.]


t [1771. The towns of Wakefield, Dublin, Maynesborough and Paulsburg were granted by charter. Paulsburg was incorporated by the name of Milan, 16 December, 1824, and Maynesborough by the name of Berlin, 1 July, 1829.]


345


PROVINCE. JOHN WENTWORTII, 2d.


1772.]


He had for several years served as a justice of the common pleas ; but on the division of the province into counties, it was necessary to issue new commissions. Finding himself overlooked


in the appointment of officers, and his private affairs call- 1772. ing him abroad, he sailed for England, and there exliibit- July 9. ed to the lords of trade, articles of complaint against the governor and his council.


The first was, that the governor and council, without any legal process, or the intervention of a jury, had deprived the grantees under the crown of their lands, on suggestion only that the con- ditions had not been fulfilled.1


The second was, that the duty paid by foreign shipping, com- monly called powder money, had not been accounted for, since the year 1741 ; and that the council had refused to join with the representatives in an inquiry into this matter in the year 1768.


The third was, that the governor had moved in council, that the lands reserved to the late governor, in the charters of town- ships, should be regranted to himself, through the medium of another person ; and that the protest of the complainant, against the legality of this proceeding, was rejected.


The fourth was, that in consequence of the opposition, which he was in duty bound thus to inake, he had been injuriously treated, and had received personal abuse from the governor.


The fifth was, that pending an action in the common pleas, brought by the governor, though in other names, the judges had several times been changed, till a question on a point of law was determined in favor of the governor.


The sixth article stated, that the complainant had expected to prove several of the above facts, by referring to copies of the council records in their lordship's office ; but was surprised to find that the governor had disobeyed his instructions in not sending them.


The memorial concluded with a general charge of partiality arising from the family connexions of the governor and council.


Copies of this memorial were sent to the governor and council, who separately prepared and returned distinct answers to the several articles of complaint.2


To the first, it was said, that the resumption of grants forfeited by non-compliance with the conditions of settlement was support- ed by the opinion of the attorney and solicitor general, given in 1752 ; that the invariable usage in these cases, had been to issue notice to delinquent proprietors, that they should appear on a set day, and shew cause why their shares should not be forfeited and regranted ; that their allegations had been always treated with proper respect, and that no complaint of injustice had been made by any persons whose grants had been thus resumed.


(1) Printed complaint. (2) MS. copies.


46


346


HISTORY OF NEW-HAMPSHIRE. [1772.


To the second, it was answered, that the amount of powder- money, during the former administration, though long neglected had been lately recovered; and that since 1768, it had been regularly accounted for. The reason for the non-concurrence of the council, with the vote for inquiring into this matter, was their respect to the royal prerogative, conceiving that the house had no concern with the matter.


To the third article, it was said, that the late governor, con- scious of the insufficiency of his title, had solicited his successor for grants of these reservations, which he had declined giving, unless a mandamus from the king could be procured ; that this uncertainty had prevented his alienating them ; that in consequence, they were uncultivated and forfeited ; that some of these lands had been regranted to other persons ; but that the present governor had no interest directly or indirectly in them. The council deni- ed, that the governor had ever proposed the granting of these lands to himself, through another person. They also denied that the dissent of the memorialist had been refused.


The charge of personal abuse, in the fourth article, was contra- dicted and retorted ; but it was conceded, that the governor had told him that his reasons of dissent were not founded in truth.


In answer to the fifth article, it was acknowledged, that the action was brought for the governor's benefit ; but that any unfair means were used to influence the court was denied. This denial was corroborated by the depositions of the judges themselves, and of the attorneys who were concerned in the suit. It was also proved that the judgment of the court on the question of law, was of no moment, being reversed by the superior court, before which the cause was carried by appeal.


To the sixth article, it was answered, that the governor had directed the secretary to furnish him with copies of all the public transactions which had usually been sent to England, and that he had regularly transmitted them. But it appeared from the affi- davit of the secretary, that in June 1760, the late governor had ordered him not to transcribe the minutes of the council, when sitting without the assembly, unless specially directed ; and since that time it had been usual to send the journal of the council when sitting as a house of assembly, and not as a council of state.


In fine, the council denied that they had ever acted in their public capacity, from any private or family interest ; but asserted, that they had frequently given their judgment directly against it ; and they concluded with very severe reflections on the corn- plainant .*


* [1772. Franconia, Hillsborough and Bretton-Woods were incorporated. 1773. Northwood, Loudon, Fitzwilliam, Jaffrey, Cambridge, Dummer, Shelburne, Stratford and Success were incorporated.]


347


PROVINCE. JOHN WENTWORTH, 2d.


1773.]


With these answers, were transmitted a great number of depo- sitions, from persons of all ranks and professions, testifying 1773. in favor of the governor.1 These being laid before the lords of trade, and the memorialist being heard in reply, May 10. the board represented to the king, that the complaint against the governor 'had been fully verified.'2 At the same time, they thought it their duty to represent, ' that the reports which they ' had received, through different channels, of the situation of af- ' fairs within New-Hampshire, did all concur in representing the ' colony to have been, since Mr. Wentworth's [appointment, in a ' state of peace and prosperity ; that its commerce had been ex- ' tended, and the number of its inhabitants increased ; and that ' every attempt made to excite the people to disorder and disobe- ' dience, had been, by the firm and temperate conduct of Mr. ' Wentworth, suppressed and restrained.'


When the cause was reheard before a committee of the privy council, it was observed by the governor's advocate, that July 29. ' peace, prosperity and obedience, were not compatible


' with oppression and injustice ; and that however the lords of trade ' had in the beginning of their report condemned the governor, ' they had, by the praise bestowed upon him, in the end contra- ' dicted themselves.'


The lords of the committee reported to the king in council, their judgment upon several articles of the complaint, in substance as follows.3


' That by the law of England, when lands were granted, upon condition, the breach of that condition must be found by a jury under a commission from the court of chancery ; but that no such court existed in New-Hampshire ; and though the general rule was, that the law of England extended to the colonies, yet it must be understood to mean, such part of the law as is adapted to the state and constitution of them. That though the governor had resumed and regranted lands, yet there was no evidence that such resumptions had been made without proof or public notoriety, that the conditions of former grants had not been complied with ; and that no complaint had been made by any person supposed to be injured. That it had not been proved that resumptions had been made without notice to the proprietors ; and it had not even been suggested, in cases where time had been allowed, that grants were resumed before the expiration of it. That the lands granted to the late governor were granted in the name of the king, {which was sufficient to convey a title ; and that the council was mistaken in thinking otherwise. That the governor, by their advice, did resume and regrant several tracts of land which had been granted to the late governor ; but it had not been proved that the said lands were regranted in trust for himself ; and in many instances such


(1) MS. copies. (2) Printed representation. (3) Aug. 26-Printed report.


348


HISTORY OF NEW-HAMPSHIRE.


[1773.


lands were regranted to different inhabitants for their own use and benefit ; and that the late governor's widow had not com- plained of any injury, by such resumption. That it appeared to have been the constant practice when any standing justice of a court was interested in a suit, for a special justice to be appointed ; that other causes were depending at the same inferior court of common pleas, in which the standing justices were interested, and there was no proof that special justices were appointed on account of that particular cause in which the governor was concerned ; but that the commission was solicited in the common form ; and that the defendant hinself had testified that he had no objection to the commission or to the special justices. With respect to the transmission of the records of council, it was their opinion that it might be proper to revive that practice, as it had been conducted previously to the year 1760. But upon the whole, they submitted their judgment that there 'was no foundation for any censure ' upon the said governor, for any of the charges contained in the ' complaint, and that the general conduct of his administration had ' tended greatly to the peace and prosperity of the said province.' This report was approved by the king in council, and the com-


Oct. 8. plaint was dismissed. But the governor was strictly en- joined to transmit to the lords of trade, authentic copies of the journals of the council, as a council of state.


In this controversy, Mr. Livius met with great support, from the interest of those who wished to displace the governor ; and they became so deeply engaged to him, as to procure for him an appointment to be the chief justice of New-Hampshire ; but, upon more mature consideration, this was thought too likely to produce discord and confusion, and he obtained an appointment to a more lucrative office in the province of Quebec.


When the final issue of the complaint was known in New- Hampshire, a general satisfaction appeared among the people. At the next session of the assembly, the house of representatives presented to the governor, an address of congratulation, in the name of their constituents ; and the citizens of Portsmouth gave a splendid ball, to which the governor and both houses of assembly were invited.


Hitherto the governor had preserved his popularity ; and the people, in general, were satisfied with his administration. But, the obligation which lay on him to support the claims of Britain, and aid the plans of her ministry, rendered his situation extremely delicate, and his popularity very precarious. The controversy between Britain and the colonies was drawing to a crisis. By the reservation of the duty on tea, the parliament insisted on it as their right, to tax their American brethren without their consent ; and the Americans, by withholding the importation of tea from Britain, made use of the only peaceable mode, in their power,


349


PROVINCE. JOHN WENTWORTH, 2d.


1773.]


effectually to oppose that claim. The revenue failed, and the warehouses of the East India company were filled with an un- saleable commodity. The ministry and the company, thus severe- ly disappointed, formed a plan, by which it was expected, that the one would enforce their claim, and the other secure their traffic.


It was therefore enacted in parliament, that the duty on the exportation of tea, from Britain, should be taken off ; and the East India company be enabled to send tea, on their own account, to America, subject to a duty only of three pence on the pound ; by which means it would come to us, cheaper than before, or than it could be procured by illicit trade.


This measure caused a general alarm, through the colonies ; and united the interest of the merchants, with the views of the politicians, and the general sense of liberty in the people. The trading towns set the example, which the others followed, of passing resolves, not to permit tea, freighted by the East India company, to be landed or sold. These resolutions were effectual. In some places, the consignees were obliged to relinquish their appointments, and the tea was returned unladen. In other places, it was deposited in stores, till it could be reshipped. In Boston, where the obstinacy of Governor Hutchinson drove the people to desperation, it was destroyed. In New-Hampshire, the prudence of Governor Wentworth, the vigilance of the magistrates and the firmness of the people were combined, and the hateful commodity was sent away without any damage, aud with but little tumult.


The first cargo of tea, consisting of twenty-seven chests, was landed and stored at the custom house, before any 1774.


people could assemble to obstruct it. A town meeting June 25. was called, and a proposal was made to Mr. Parry, the consignee, to reship it. To this, he consented. A guard was appointed by order of the town, to watch the custom house. The tea hav- ing been entered, it was necessary that the duty should be paid ; which was done openly, by the consignee. The governor con- vened the council, and kept the magistrates and peace officers in readiness to suppress any riotous appearances ; but there was no need of their exertion. The tea was peaceably reshipped and sent to Halifax.




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