USA > New Hampshire > The history of New-Hampshire > Part 47
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* [This was the first constitution, it has been said, which was adopted by any of the colonies, after the revolution commenced. It met with a small opposition from some of the delegates, and from the inhabitants of Portsmouth. Twelve of the former entered their protest against it, and the following among other reasons are given for their dissent. " Because the colonies of New- York and Virginia, which are in similar circumstances with us, are much larger and more opulent, and, we presume, much wiser, (to whom we would pay all due deference) have not attempted any thing of this kind, nor, as we can learn, ever desired it." The ninth reason was " Because it appears to us too much like setting up an INDEPENDENCY of the Mother Country."- Portsmouth sent in a remonstrance 12 January, 1776, but the new govern- ment went into operation with much energy, and but little complaint was made by the people after the first year.]
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fluenced, they called upon their delegates in congress to execute the act which should sever us from foreign dominion, and put us into a situation to govern ourselves .*
It ought ever to be remembered, that the declaration of our in- dependence was made, at a point of time, when no royal July 4. governor had even the shadow of authority in any of the
colonies ; and when no British troops had any footing on this con- tinent. The country was then absolutely our own. A formidable
* On the 11th of June, 1776, a committee was chosen by the assembly of New-Hampshire ' to make a draught of a declaration of the general assembly ' for the INDEPENDENCE of the united colonies on Great Britain, to be trans- ' mitted to our delegates in congress.' ['The proceedings of the assembly, and the declaration are here introduced, copied from the records in the secre- tary's office.
DECLARATION OF INDEPENDENCE BY NEW-HAMPSHIRE IN 1776. In the House of Representatives, June 11, 1776.
"Voted, That Samuel Cutts, Timothy Walker and John Dudley, Esquires, be a committee of this house to join a committee of the honorable board, to make a draft of a declaration of this general assembly for INDEPENDENCE of the united colonies, on Great-Britain."
June 15, 1776.
" The committee of both houses, appointed to prepare a draft setting forth the sentiments and opinion of the council and assembly of this colony relative to the united colonies setting up an independent state, make report as on file -which report being read and considered, Voted unanimously, That the re- port of said committee be received and accepted, and that the draft by them brought in be sent to our delegates at the continental congress forthwith as the sense of the house."
" The draft made by the committee of both houses, relating to independen- cy, and voted as the sense of this house, is as follows, viz.
" Whereas it now appears an undoubted fact, that notwithstanding all the dutiful petitions and decent remonstrances from the American colonies, and the utmost exertions of their best friends in England on their behalf, the Brit- ish ministry, arbitrary and vindictive, are yet determined to reduce by fire and sword our bleeding country, to their absolute obedience ; and for this pur- pose, in addition to their own forces, have engaged great numbers of foreign mercenaries, who may now be on their passage here, accompanied by a for- midable fleet to ravish and plunder the sea-coast; from all which we may reasonably expect the most dismal scenes of distress the ensuing year, unless we exert ourselves by every means and precaution possible ; and whereas we of this colony of New-Hampshire have the example of several of the most re- spectable of our sister colonies before us for entering upon that most import- ant step of disunion from Great-Britain, and declaring ourselves FREE and INDEPENDENT of the crown thereof, being impelled thereto by the most violent and injurious treatment ; and it appearing absolutely necessary in this most critical juncture of our public affairs, that the honorable the continental congress, who have this important object under immediate consideration, should be also informed of our resolutions thereon without loss of time, we do hereby declare that it is the opinion of this assembly that our delegates at the continental congress should be instructed, and they are hereby instruct- ed, to join with the other colonies in declaring the thirteen united colonies a free and independent state-solemnly pledging our faith and honor, that we will on our parts support the measure with our lives and fortunes-and that in consequence thereof they, the continental congress, on whose wisdom, fi- delity and integrity we rely, may enter into and form such alliances as they may judge most conducive to the present safety and future advantage of these American colonies : Provided, the regulation of our own internal police be under the direction of our own assembly.
Entered according to the original,
Attest, NOAH EMERY, Clr. D. Reps.]
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force was indeed collected on our coasts, ready to invade us ; and in the face of that armament, this decisive step was taken. The declaration was received with joy by the American army then assembled at New-York. Within fourteen days, it was published by beat of drum in all the shire towns of New-Hampshire. July 18. It relieved us from a state of embarrassment. We then knew the ground on which we stood, and from that time, every thing assumed a new appearance. The jargon of distinctions between the limits of authority on the one side, and of liberty on the other, was done away. The single question was, whether we should be conquered provinces, or free and independent states. On this question, every person was able to form his own judgment ; and it was of such magnitude that no man could be at a loss to stake his life on its decision.1 *
It is amusing to recollect, at this distance of time, that one ef- fect of independence was an aversion to every thing which bore the name and marks of royalty. Sign boards on which were painted the king's arms, or the crown and sceptre, or the portraits of any branches of the royal family, were pulled down or defaced. Pictures and escutcheons of the same kind in private houses were inverted or concealed. The names of streets, which had been called after a king or queen were altered; and the half- pence, which bore the name of George III., were either refused in payment, or degraded to farthings. These last have not yet recovered their value.
The new assembly began their administration by establishing judicial courts, on the same system as before, excepting that the court of appeals, which had long been esteemed a grievance, was abolished, and all appeals to Great-Britain were prohibited. Ap- peals from the probate courts, which formerly came before the governor and council, were transferred to the superior court, whose judgment was now made final. Encouragement was given to fit out armed vessels, and a maritime court was established for the trial of captures by sea. A law was made to punish the coun- terfeiting of the paper bills of this and of the United States ; and to make them 'a tender for any money due by deed or simple ' contract.' After the declaration of independence the style of
(1) Observations on the American Revolution, p. 57, 58.
* [The delegates from New-Hampshire in congress, who signed the declara- tion of independence, were JOSIAH BARTLETT, WILLIAM WHIPPLE and MAT- THEW THORNTON, of each of whom a memoir is given in the national work, Biography of the Signers of the Declaration of Independence. As the editor of this work furnished the biographer of these men all the facts and materials in his possession, he can add nothing new to their history, but refers the reader to the work mentioned. The most important information contained in this work has been condensed by N. Dwight of the city of New-York, and publish- ed in a duodecimo volume.]
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Colony was changed for that of the STATE of New-Hampshire. A new law was enacted to regulate the militia. More paper bills were issued to pay the expenses of the war ; and provision was made for drawing in some of the bills by taxes. Doubts had arisen, whether the former laws were in force ; a special act was therefore passed, reviving and re-enacting all the laws which were in force, at the time when government was assumed ; as far as they were not repugnant to the new form, or to the indepen- dence of the colonies, or not actually repealed .*
The congress having ordered several frigates to be built in dif- ferent places ; one of thirty-two guns, called the Raleigh, ' May 21. was launched at Portsmouth, in sixty days from the time when her keel was laid ; but for want of guns and ammunition, and other necessaries, it was a long time before she was completely fitted for the sea. The making of salt-petre was encouraged by a bounty ; and many trials were made before it was produced in purity. Powder mills were erected, and the manufacture of gun- powder was, after some time, established ; but notwithstanding all our exertions, foreign supplies were necessary.
For the service of this year, two thousand men were raised, and formed into three regiments, under the same commanders as in the former year. Three hundred men were posted at the forts in the harbor. Supplies of fire arms and ammunition were sent to the western parts of the state, and a regiment was raised in that quarter, under the command of Colonel Timothy Bedel, to be ready to march into Canada.
The three regiments went with the army under General Waslı- ington to New-York; and thence were ordered up the Hudson, and down the lakes into Canada, under the immediate command of Brigadier-General Sullivan. The design of this movement was to succor and reinforce the army, which had been sent, the preceding year, against Quebec ; and which was now retreating before a superior force, which had arrived from Britain, as early as the navigation of the St. Lawrence was opened. Our troops having met the retreating army at the mouth of the Sorel, threw up some slight works round their camp. General Thomas, who had commanded the army after the fall of the brave Montgomery, was dead of the small-pox.+ Arnold was engaged in stripping
* [1776. The towns of Washington, formerly Cambden, and Marlboroughi, formerly New-Marlborough, were incorporated on the 13 December, this year. Acts and Laws of the state of New-Hampshire, folio 57, 58.]
t [General JOHN THOMAS was from Massachusetts, and was descended from one of the most ancient and respectable families in the county of Plymouth. His death was deplored as a great public calamity. He was distinguished by great prudence and judgment, as well as resolution and intrepidity. He was appointed a major-general on the continental establishment in March, 1776; but had been second in command in the provincial army in the summer of 1775, till General Washington arrived at Cambridge. He had also served with reputation as a field officer in the war of 1756, between England and
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the merchants of Montreal, under pretence of supplying the army ; and Thompson was taken prisoner in an unsuccessful attack on the village of Trois Rivieres. The command therefore devolved on Sullivan, who, finding a retreat necessary, conducted it with great prudence. At this time, the American troops, and in par- ticular the regiments of New-Hampshire, had taken the infection of the small-pox. The sick were placed in batteaux, and with the cannon and stores, were drawn against the rapid current, by the strength of men on shore, or wading in the water ; and so close was the pursuit of the enemy, that they could scarcely find time to kindle a fire to dress their victuals, or dry their clothes. At St. John's, the pursuit ceased. On the arrival of our army at July 1. Ticonderoga, Sullivan, being superseded by Gates, re- turned to the main army at New-York. The troops in the northern department being reinforced by the militia of the neighboring states, fortified the posts of Ticonderoga and Mount Independence. Besides the small pox, a dysentery and putrid fever raged among them ; and it was computed, that of the New- Hampshire regiments, nearly one third part died this year by sick- ness.
When the danger of an attack on Ticonderoga for that season, was passed, the remaining part of the New-Hampshire troops marched by the way of the Minisinks, into Pennsylvania. There they joined General Washington, and assisted in the glorious capture of the Hessians at Trenton, and afterward in the battle of Princeton. Though worn down with fatigue, and almost destitute of clothing, in that inclement season, (December and January,) they continued in the service six weeks after the term of their enlistment had expired ; and two regiments of the militia which were sent to reinforce the army remained till March.
By this time, the inconvenience of maintaining an army, by an- nual enlistments and temporary levies, was severely felt, and gen-
erally reprobated ; and the congress, though slow in listen- 1777. ing to remonstrances on this head, were obliged to adopt a more permanent establishment. In recruiting the army for the next year, the officers were appointed by congress, during the war; and the men enlisted either for that term, or for three years. The commanders of the three regiments of New-Hamp- shire, were the Colonels Joseph Cilley,* Nathan Hale and Alex-
France. Bradford, Hist. of Mass. ii. 104. He died at Chamblee. It has been said that from some scruples, he refused to be inoculated for the small-pox himself, and would not suffer his troops to receive inoculation.]
* [JOSEPH CILLEY was of Nottingham, where his father was one of the early settlers. He was distinguished for his bravery and patriotism during the whole revolutionary contest. After the liberties of the country were se- cured, he was several times elected a representative to the legislature of New- Hampshire, and in 1797 and 1798, was chosen one of the executive council. He was appointed major-general of the militia, 22 June, 1786, in which office he remained a number of years. He died at Nottingham in August, 1799, aged 65.]
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ander Scammell. These regiments were supplied with new French arms; and their rendezvous was at Ticonderoga, under the immediate command of Brigadier-General Poor. There they remained, till the approach of the British army under July 6. General Burgoyne, rendered it eligible to abandon that post. On the retreat, Colonel Hale's battalion was ordered to cover the rear of the invalids, by which means, he was seven miles behind the main body. The next morning, he was attacked, by an advanced party of the enemy at Hubberton .* In this engage- ment, Major Titcomb of the New-Hampshire troops, was wound- ed. Colonel Hale, Captains Robertson, Carr, and Norris, Ad- jutant Elliot, and two other officers were taken prisoners, with about one hundred men. The main body of the army continued their retreat to Saratoga. On their way, they had a skirmish with the enemy at Fort Anne, in which Captain Weare, son of the president, was mortally wounded, and died at Albany.
Immediately after the evacuation of Ticonderoga, the commit- tee of the New-Hampshire grants (who had now formed themselves into a new state) wrote in the most pressing terms, to the July 8. committee of safety at Exeter for assistance, and said that if none should be afforded to them, they should be obliged to re- treat to the New-England states for safety.1 When the news of this affair reached New-Hampshire, the assembly had finished their spring session and returned home. A summons from July 17. the committee brought them together again ; and in a short session of three days only, they took the most effectual and deci- sive steps for the defence of the country. They formed the whole militia of the state into two brigades ; of the first, they gave the command to William Whipple,t and of the second, to John Stark. They ordered one fourth part of Stark's brigade, and one fourth of three regiments of the other brigade, to march immedi- ately under his command, 'to stop the progress of the enemy on ' our western frontiers.' They ordered the militia officers, to take
(1) Original letters in files.
* [In the county of Rutland in Vermont. It is often written Hubbardton, which is probably the correct orthography.]
[WILLIAM WHIPPLE was a native of Kittery, in Maine, where he was born in 1730. Before he was 21 years of age, he obtained the command of a vessel, and performed a number of voyages to the West Indies, and to Eu- rope. In 1759, he abandoned the sea, and went into business at Portsmouth ; was a delegate from that town to the convention at Exeter, in 1775 ; was one of the first council of New-Hampshire after the war with Great-Britain com- menced ; was a delegate to the general congress at Philadelphia, and one of the signers of the declaration of independence. In 1777, he changed his po- litical for a military character, and received the appointment above named. His services to the American cause were important. After the war closed, he was appointed judge of the superior court of judicature, in which office he remained about three years. He died at Portsmouth, 10 November, 1785, aged 54. Adams, Annals of Portsmouth, 281-284 .- Biography of the Sign- ers of the Declaration of Independence, V. 73 -- 98.]
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away arms, from all persons, who scrupled or refused to assist, in defending the country ; and appointed a day of fasting and prayer, which was observed with great solemnity.
The appointment of Stark, to this command, with the same pay as a brigadier in the continental service, was peculiarly grateful to the people, as well as to himself. In an arrangement of gen- eral officers, in the preceding year, Poor, a junior officer, had been promoted, whilst he was neglected. He had written on this subject to congress, and his letters were laid on the table. He therefore quitted the army, and retired to his own state .* He was now by the unanimous voice of his fellow citizens, invested with a separate command, and received orders to ‘repair to ' Charlestown on Connecticut river ; there to consult with a com- ' mittee of New-Hampshire grants, respecting his future opera- ' tions and the supply of his men with provisions; to take the ' command of the militia and march into the grants to act in con- " junction with the troops of that new state, or any other of the ' states, or of the United States, or separately, as it should appear ' expedient to him ; for the protection of the people and the an- ' noyance of the enemy.'1
In a few days, he proceeded to Charlestown, and as fast as his men arrived, he sent them forward, to join the forces of the new state, under Colonel Warner, who had taken post at Manchester, twenty miles northward of Bennington.2 Here, Stark joined him, and met with General Lincoln, who had been sent from Stillwa- ter, by General Schuyler, commander of the northern depart- ment, to conduct the militia to the west side of Hudson's river. Stark informed him of his orders, and of the danger which the inhabitants of the grants apprehended from the enemy, and from their disaffected neighbors ; that he had consulted with the com- mittee, and that it was the determination of the people, in case he should join the continental army and leave them exposed, that they would retire to the east of Connecticut river; in which case New-Hampshire would be a frontier. He therefore determined to remain on the flank of the enemy, and to watch their motions. For this purpose, he collected his force at Bennington, and left Warner with his regiment at Manchester. A report of
Aug. 9. this determination was transmitted to congress, and the
(1) MS. copy of orders on file. (2) Aug. 17-MS. copy of Lincoln's letter.
" [Upon his resignation, the council and house of delegates of New-Hamp- shire, on the 21 March, 1777, passed the following vote : "Voted that the thanks of both houses in convention be given to Colonel Stark, for his good services in the present war, and that from his early and steadfast attachments to the cause of his country, they make not the least doubt that his future con- duct in whatever state of life providence may place him, will manifest the same noble disposition of mind." Whereupon the thanks of both houses were presented to Colonel Stark by the honorable the president. Records of the House of Reps. vol. ii. 120.]
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orders on which it was founded were by them disapproved ; but the propriety of it was evinced by the subsequent facts.
General Burgoyne, with the main body of the British army lay at fort Edward. Thence he detached Lieutenant Colonel Baum, with about fifteen hundred of his German troops, and one hun- dred Indians, to pervade the grants as far as Connecticut river, with a view to collect horses to mount the dragoons, and cattle, both for labor and provisions ; and to return to the army with his booty. He was to persuade the people among whom he should pass, that his detachment was the advanced guard of the British army, which was marching to Boston. He was accompanied by Colonel Skeene, who was well acquainted with the country ; and he was ordered to secure his camp by night.1
The Indians who preceeded this detachment, being discovered about twelve miles from Bennington ; Stark detached Colonel Gregg,* with two hundred men, to stop their march. In the eve- ning of the same day, he was informed that a body of regular troops, with a train of artillery, was in full march for Bennington. 2 The next morning, he marched with his whole brigade, Aug. 14. and some of the militia of the grants, to support Gregg, who found himself unable to withstand the superior number of the enemy. Having proceeded about four miles, he met Gregg re- treating, and the main hody of the enemy pursuing, within half a mile of his rear. When they discovered Stark's column, they halted in an advantageous position ; and he drew up his men on an eminence in open view ; but could not bring them to an engage- ment. He then marched back, about a mile, and encamped ; leaving a few men to skirmish with them ; who killed thirty of the enemy and two of the Indian chiefs. The next day was Aug. 15. rainy. Stark kept his position, and sent out parties to harass the enemy. Many of the Indians took this opportunity to desert; because, as they said, ' the woods were full of yankees.'
On the following morning, Stark was joined by a com- Aug. 16. pany of militia from the grants, and another from the coun- ty of Berkshire, in Massachusetts. His whole force amounted to about sixteen hundred. He sent Colonel Nichols,+ with two
(1) MS. copy of Burgoyne's orders. (2) Aug. 13-Stark's MS. letters in files.
* [Col. WILLIAM GREGG was born at Londonderry, 21 October, 1730. He was son of Capt. John Gregg, and grandson of Capt. James Gregg, who was one of the first sixteen who settled that town, as mentioned page 192. There is a short memoir of Colonel Gregg's revolutionary services in the Coll. of Farmer and Moore, iii. p. 311. At the close of the war, he retired to his farm, and employed himself in the pursuits of husbandry till within a few years of his death. He died at Londonderry on the 16 September, 1824, having al- most completed his 94th year.]
t [Col. MOSES NICHOLS was of Amherst, where he died 23d May, 1790, aged 50 years. He was appointed a colonel of the 6th regiment of N. H. militia, 6 Dec. 1776; was a delegate to the convention, which met in 1778 to form a
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hundred and fifty men, to the rear of the enemy's left wing; and Colonel Hendrick, with three hundred, to the rear of their right. He placed three hundred to oppose their front and draw their at- tention. Then sending Colonels Hubbard and Stickney,* with two hundred to attack the right wing, and one hundred more to reinforce Nichols in the rear of their left, the attack began in that quarter precisely at three of the clock in the afternoon. It was immediately seconded by the other detachments ; and at the same time, Stark himself advanced with the mnain body. The engage- ment lasted two hours; at the end of which he forced their breast- works, took two pieces of brass cannon and a number of prisoners ; the rest retreated.
Just at this instant, he received intelligence that another body of the enemy was within two miles of him. This was a reinforce- ment for which Baum had sent, when he first knew the force which he was to oppose. It was commanded by Colonel Brey- man. Happily Warner's regiment from Manchester came up with them and stopped them. Stark rallied his men and renew- ed the action ; it was warm and desperate ; he used, with success, the cannon which he had taken ; and at sunset obliged the enemy to retreat. He pursued them till night, and then halted, to pre- vent his own men from killing each other, in the dark. He took from the enemy two other pieces of cannon, with all their baggage, wagons and horses .. Two hundred and twenty-six men were found dead on the field. Their commander, Baum, was taken and died of his wounds ; beside whom, thirty-three officers, and above seven hundred privates, were made prisoners. Of Stark's brigade, four officers and ten privates were killed and forty-two were wounded.
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