USA > New Hampshire > The history of New-Hampshire > Part 49
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' Rockingham, ss. Feb. 16, 1786. 1 hereby certify, that the sums against ' each person's name herein set down, were respectively due to them the last ' day of July, 1782, from the estate of the late governor, John Wentworth, ' Esq. at which time it appears there had been received into the treasury, a ' sufficiency to pay all the demands, exhibited against him, except his father's ; ' who has withdrawn his, that the others might be paid in full.
' P. WHITE, Judge of Probate.'
' Portsmouth, Feb. 6, 1785. Sir,-After considering the great delays in ' settling the demands against the estate of my son, Governor Wentworth, ' and the probability, from the ill management thereof, before it fell under ' your direction, that it will be greatly insolvent ; and feeling for the distress ' of many of the creditors, and wishing that all may have their just demands ' paid, I have determined to remove their embarrassment as far as I can, by ' withdrawing my account and claim, until theirs be fully adjusted and dis- ' charged, by you or other proper officers. Reserving to myself still the right ' of claiming, if there should be found a surplus or balance in his favor. For ' as proved by my account and authentic vouchers ready to be produced, that, ' exclusive of my account before, I have paid off several creditors to a con- ' siderable amount, since he left this government ; and had also greatly aug- ' mented the value of his estate at Wolfeborough, by my advances and care ' thereof, all to the benefit of his present creditors. I shall therefore be great- ' ly obliged, by your directing that my account be sent me ; and I shall hope
.
383
STATE. MESHECH WEARE.
1778.]
all these confiscations, as far as it had been ascertained, is incon- siderable.
Power when delegated without restrictions, and for the abuse of which the delegate is not held accountable, has a strong ten- dency toward despotism. The temporary constitution which we had adopted at the beginning of the war, was found, by experi- ence, to have many imperfections ; and the necessity of checks and exclusions became every day more evident. Other states were forming constitutions ou certain established principles, and defining their rights as a preliminary to the delegation of power. An attempt of the like kind was made in New-Hamp- shire. A convention of delegates, chosen for the pur- 1779. pose, drew up and sent abroad a system of government ; but so deficient was it in its principles, and so inadequate in its provis- ions, that being proposed to the people, in their town-meetings, it was rejected. Another convention was appointed, which had more advantage than the former, the neighbouring state of Massa- chusetts having digested and adopted a constitution, which was supposed to be an improvement on all which had been framed in America. This convention had no less than nine sessions, and continued for more than two years .* In the first plan of govern- ment which they composed, they distinctly stated the alienable and unalienable rights of the people. They divided the govern- ment into three branches, legislative, executive and judicial, and defined the limits of each. The legislative branch was compos- ed of a senate and house of representatives. The senate was to consist of twelve persons, five for the county of Rocking- 1781.
ham, two for Strafford, two for Hillsborough, two for Cheshire and one for Grafton. These were to be voted for in town-meetings, and the votes sealed and returned to the secreta- ry's office. The number of representatives was limited to fifty, and apportioned among the counties, thus ; twenty for Rocking-
' for your future friendly interposition, if it should be found necessary ; be- ' ing, with the highest esteem and respect, your most humble servant, ' MARK H. WENTWORTH.t ' Phillips White, Esq.'
A general statement of the claims against the confiscated estate of the late Governor John Wentworth, and the neat proceeds from the sale of it; the account being not yet settled. April, 1791.
Dr. The claim of M. H. Wentworth, proved by authentic vouchers, £13680 10 11
Amount of other claims proved as above, Paid to the several other creditors, since the gov- ernor's absence, by M. H. Wentworth, 819 11 6
3877 15
Cr. Paid into the treasury by the trustee for said estate, £18377 17 83 10435 8 6
+ [He was appointed by mandamus one of the counsellors of the province in 1759. He died 19 December, 1785. Adams, Annals of Portsmouth, 285.]
* From June, 1781, to October, 1783.
384
HISTORY OF NEW-HAMPSHIRE. [1781.
ham ; eight for Strafford ; ten for Hillsborough ; eight for Chesh- ire ; and four for Grafton. These were to be elected by the county conventions, consisting of one delegate for every fifty rate- able polls. This mode was recommended, to prevent those in- terested views and that party spirit, which too often appear in single towns in the election of representatives. The executive power was vested in a governor, whom the convention, in their address to the people, described in the following terms : 'They ' have arrayed him with honors, they have armed him with pow- ' er and set him on high ; but still he is only the right hand of ' your power, and the mirror of your majesty.' But though arm- ed with power and liable to be impeached for misconduct, he was shrouded from responsibility, by a council, without whose advice he could not take one step of any importance. The judi- cial department was to be appointed by the executive and sup- ported by the legislative ; but the judges were removable for mis- conduct, by the governor and council, on the address of both houses of the legislature. Justices of the peace were to hold their commissions five years only. Provision was made for the exclusion of persons from holding several offices at the same time ; the reason of which was thus expressed. 'Besides the ' interference of several offices held by the same person in point ' of time, which we have seen, and the difficulty of one man's " giving his attention to many matters sufficiently to understand ' them all, which we have too often felt ; there is a still stronger ' reason, which is, the difficulty of a man's preserving his integ- ' rity in discharging the duties of each.' The encouragement of literature was also recommended as essential to the preserva- tion of a free government, and it was declared to be the duty of legislators to cherish its interests.
This plan was printed and sent to every town. The inhabit-
Sept. 14. ants were requested to state their objections distinctly to any particular part, and return them at a fixed time. The objections were so many and so various, that it became ne- cessary to alter the form and send it out a second time. The name of governor, and most of his powers, were still retained ; 1782. but the mode of representation was altered. Instead of being elected, by county conventions, the representatives were to be chosen immediately by the towns ; every in-
Aug. 21. corporated township containing one hundred and fifty ratable polls, having the privilege of choosing one ; and every one containing four hundred and fifty, of choosing two. Particular attention was given to the mode of appointing officers of militia. Instead of superior officers being chosen by their inferiors, and inferior officers by the privates, as had been practised since the beginning of the war, the order of appointment was reversed, and the privates had no power of choice at all. This was said to
385
STATE. MESHECH WEARE.
1782.]
be necessary to the preservation of harmony, subordination and dis- cipline. The second plan being sent out was generally approved ; but it was not completed at the time when the news of peace 1783. arrived. The old form having expired with the war, it was, by the votes of the people in their town-meetings, revived April. March. and continued for one year longer. In the following autumn, Oct. 31. the new form was finished ; and the name of governor being changed to president, it was a third time printed and declared to be 'the civil constitution for the state of New-Hampshire.' It took place on the second day of the following June, and 1784. was introduced at Concord by a religious solemnity, which has since been repeated at every annual election.
To the convention which formed this constitution, several towns in the western part of the state did not send delegates. The cause of this omission, and of some other eccentricities in the conduct of the people in that quarter must now be explained.
The inhabitants of the district on the western side of Connecti- cut river, which was severed from New-Hampshire in 1764, had been engaged in a long and bitter controversy with the govern- ment of New-York. They had even been obliged to have recourse to arms in defence of their estates ; and frequent acts of violence had been committed. There was among them a set of intrepid men, ready to encounter dangers, and trained to hardy enterprisc. At the commencement of hostilities, by the advice of some prin- cipal opposers of the British government, in the other colonies, a company of those people styling themselves Green Mountain Boys, marched to Ticonderoga, and wrested that fortress, to- 1775. gether with Crown-Point, out of the hands of the British garrisons. A regiment of them was embodied by order and in the pay of the general congress. Their exertions in the common cause were meritorious and their services were acceptable.
Soon after the declaration of independence, the inhabitants of that territory assembled in convention to consider their peculiar situation and concert measures for their safety. 1776. The opportunity which then presented for a change in their po- litical connexions, was too precious to be lost. By the dissolu- tion of the bonds which had held America in subjection to the crown of Britain, they conceived themselves free from the gov- ernment of New-York, to which the most of them had never voluntarily submitted ; and, being as they said, reduced to ‘a state of nature,' they thought that they had a right to form such connexions as were agreeable to themselves. Accordingly, they made and published a declaration ; ' that they would at
' all times consider themselves as a free and independent
1777.
' state ; capable of regulating their own internal police ; Jan. 15.
' that they had the sole exclusive right of governing themselves, ' in such manner as they should choose, not repugnant to the re-
1
51
386
HISTORY OF NEW-HAMPSHIRE.
[1778.
' solves of congress ; and that they were ready to contribute their ' proportion to the common defence.' Under the influence of these principles, they formed a plan of government and a code of laws, and petitioned congress to receive them into the union.
The inhabitants on the eastern side of Connecticut river were very conveniently situated to unite with those on the western side, and many of them had the same principles and views .- They argued that the original grant of New-Hampshire to Mason was circumscribed by a line drawn at the distance of sixty miles from the sea ; that all the lands westward of that line, being royal grants, had been held in subjection to the government of New- Hampshire by force of the royal commissions, which were vacated by the assumed independence of the American colonies ; and therefore that the inhabitants of all those lands had 'reverted to a ' state of nature.'1 By this expression, however, they did not mean that each individual was reduced to such a state ; but that each town retained its corporate unity, unconnected with any superior jurisdiction. They distinguished between commissions derived from the king, which were revocable at his pleasure, and incorporations held on certain conditions, which being performed, the powers and privileges granted by the incorporations were per- petual. They asserted, that jurisdictions, established by royal commissions, could bind a people together no longer than the force which first compelled continues to operate ; but when the coercive power of the king was rejected, and its operation had ceased, the people had a right to make a stand at the first legal stage, viz. their town incorporations.ª These, by universal con- sent, were held sacred; hence they concluded that the major part of each one of those towns had a right to control the minor part ; and they considered themselves as so many distinct corpo- rations, until they should agree to unite in one aggregate body.
In these sentiments, the people were not all united. The ma- jority of some towns was in favor of their former connexion, and
(1) Observations on the right of jurisdiction over N. H. Grants. Printed 1778. (2) Public defence of the right of N. H. Grants, &c. Printed 1779 .- [There were several publications relative to the New-Hampshire Grants, of which I have seen-1. " A Defence of the New-Hampshire Grants, &c." (title page missing) printed probably in 1778 or 1779, in small 12 mo. contain- ing 56 pages, to which are added, " Resolves of a Convention held on the N. Hampshire Grants," 4 pages ; 2. " Observations on the Right of Jurisdic- tion claimed by the States of New-York and New-Hampshire over the New- Hampshire Grants (so called) lying on both sides of Connecticut river. In a Letter to the Inhabitants on said Grants." 12 mo. pp. 15. Danvers, 1778 ; 3. " A Vindication of the Conduct of the General Assembly of the State of Vermont, held at Windsor in October 1778, against Allegations and Remark of the Protesting Members; with Observations on their Proceedings at a Convention held at Cornish, on the 9th of Day of December, 1778. By Ira Allen. Arlington, 9th Jan. 1779." 12 mo. pp. 48. Dresden, printed by Al- den Spooner, 1779. " A Concise Refutation of the Claims of New-Hamp- shire and Massachusetts-Bay, to the Territory of Vermont ; with occasional Remarks on the long disputed claim of New-York to the same. Written by Ethan Allen and Jonas Fay, Esqrs." 12 mo. pp, 29. Hartford, 1780.]
387
STATE. MESHECH WEARE.
1778.]
in those towns where the majority inclined the other way, the minority claimed protection of the government.
They supposed that the existence of their town incorporations, and of the privileges annexed to them, depended on their union to New-Hampshire ; and that their acceptance of the grants was in effect an acknowledgment of the jurisdiction, and a submission to the laws of the state ; from which they could not fairly be dis- engaged without its consent ; as the state had never injured or oppressed them.
Much pains were taken by the other party, to disseminate the new ideas. Conventions were held, pamphlets were printed, and at length, a petition was drawn in the name of sixteen towns* on the eastern side of Connecticut river, requesting the new state, which had assumed the name of VERMONT, to receive them into its union, alleging, ' that they were not connected with any state, ' with respect to their internal police.'ı The assembly at first ap- peared to be against receiving them ; but the members from those towns which were situated near the river on the west side, de- clared that they would withdraw and join with the people on the east side, in forming a new state. The question was then refer- red to the people at large, and means were used to influ- June 11. ence a majority of the towns to vote in favor of the union,
which the assembly could not but confirm. The sixteen towns were accordingly received ; and the Vermont assembly resolved, that any other towns on the eastern side of the river might be ad- mitted on producing a vote of a majority of the inhabitants, or on the appointment of a representative. Being thus admitted into the state of Vermont, they gave notice to the government June 22. of New-Hampshire, of the separation which they had
made, and expressed their wish for an amicable settlement of a jurisdictional line, and a friendly correspondence.
The president of New-Hampshire, in the name of the assem- bly, wrote to the government of Vermont, claiming the sixteen towns as part of the state, the limits of which had Aug. 23.
been determined prior to the revolution ; reminding him that those towns had sent delegates to the convention in 1775 ; that they had applied to the assembly for arms and ammunition, which had been sent to them ; that their military officers had accepted
(1) MSS. in New-Hampshire files.
* 1 Cornish,
2 Lebanon, a name given to the district belonging to
now divided into Lit-
3 Dresden, Dartmouth College ; but now disused.
4 Lime,
5 Orford,
6 Piermont,
7 Haverhill,
8 Bath,
9 Lyman, 10 Apthorp, tleton and'Dalton.
11 Enfield,
12 Canaan.
13 Cardigan, now Orange,
14 Landaff',
15 Gunthwaite, now New-Concord,
16 Morris-town, now Franconia.
388
HISTORY OF NEW-HAMPSHIRE.
[1778.
commissions and obeyed orders from the government ; that the minority of those towns was averse to a disunion, and had claim- ed protection of the state, which the assembly thought themselves bound to afford ; and beseeching him to use his influence with the assembly of Vermont to dissolve the newly formed connexion.
At the same time, the president wrote to the delegates of the state in congress ; desiring them to take advice and endeavor to Aug. 19. obtain the interposition of that body ; intimating his ap-
prehension, that without it, the controversy must be deci- ded by the sword, as every condescending measure had been used from the beginning and rejected.
The governor and council of Vermont sent a messenger to congress to see in what light the new state was viewed by them. On his return, he reported, that the congress was unanimously opposed to the union of the sixteen towns with Vermont ; other- wise they (excepting the delegates of New-York) had no objec- tion to the independence of the new state.
At the next session of the Vermont assembly at Windsor, when the representatives of the sixteen towns had taken their
October.
seats, a debate arose on a question, whether they should
be erected into a new county, which passed in the nega- tive. Conceiving that they were not admitted to equal privileges with their brethren, the members from those towns withdrew ; and were followed by several others belonging to the towns ad- joining the river on the west side. They formed themselves into a convention, and invited all the towns on both sides of the river to unite, and set up another state by the name of New-Connecti- cut. This secession had nearly proved fatal to the state of Ver- mont. A ridge of mountains which extends from south to north through that territory, seemed to form not only a natural, but a political line of division. A more cordial union subsisted between the people on the eastern side of the Green Mountains, aud the eastern side of Connecticut river, than between the latter and those on the western side of the mountains ; but these alone were insufficient, without the others, to make a state. The governor, and other leading men of Vermont, who resided on the west side of the mountains, wrote letters to the assembly of New-Hamp- shire, informing them of the separation, and expressing their dis- approbation of a connexion with the sixteen towns. The assem- bly regarded these letters as ambiguous, and as not expressing a disinclination to any future connexion with them. Jealousy is said to be a republican virtue ; it operated on this occasion, and the event proved that it was not without foundation.
A convention of delegates from several towns on both sides of Dec. 9. the river assembled at Cornish and agreed to unite, with- out any regard to the limits established by the king in 1764 ; and to make the following proposals to New-Hampshire,
389.
STATE. MESHECH WEARE.
1778.]
viz. either to agree with them on a dividing line, or to submit the dispute to congress, or to arbitrators mutually chosen. If neither of these proposals were accepted, then, in case they could agree with New-Hampshire on a form of government, they would con- sent that ' the whole of the grants on both sides of the river ' should connect themselves with New-Hampshire, and become ' one entire state, as before the royal determination in 1764.'- Till one or other of these proposals should be complied with, they determine ' to trust in providence and defend themselves.'
An attempt was made in the following year to form a a consti- tution for New-Hampshire, in which the limits of the state 1779. were said to be the same as under the royal government ' reserving nevertheless our claim to the New-Hampshire Grants, " west of Connecticut river.' Though this form of government was rejected by a majority of the people ; yet there was a dis- position in a great part of the assembly to retain their claim to the whole of the grants westward of the river. At the same time, the state of New-York set up a claim to the same lands, and it was suspected, perhaps not without reason, that intrigues were forming to divide Vermont between New-Hampshire and New-York, by the ridge of mountains which runs through the territory. Certain it is, that the Vermonters were alarmed ; and, that they might have the same advantage of their adversaries, they extended their claim westward into New-York, and eastward into New-Hampshire ; and thus not only the sixteen towns, but several other towns in the counties of Cheshire and Grafton, be- came incorporated with Vermont by ' articles of union and con- ' federation.'
It is not easy to develope the intrigues of the several parties, or to clear their transactions from the obscurity which surrounds them .* He who looks for consistency in the proceedings of the conventions and assemblies which were involved in this controver- sy, will be disappointed. Several interfering interests conspired to perplex the subject. The people on the western side of the Green Mountains, wished to have the seat of government among them. Those adjoining Connecticut river, on both sides, were desirous of bringing the centre of jurisdiction to the verge of the river. The leading men in the eastern part of New-Hampshire, were averse to a removal of the government from its old seat : Vermont had assumed independence, but its limits were not de- fined. New-York had a claim on that territory as far as Con- necticut river, from which there was no disposition to recede. That state had been always opposed to the independence of
* The author has spared no pains to gain as perfect a knowledge of these things as the nature of them will admit. Ifhe has not succeeded in obtain- ing materials, for a just and full account, it is his request that those who are better acquainted with the subject would oblige the public with more accu- rate information.
390
HISTORY OF NEW-HAMPSHIRE. [1779.
Vermont. New-Hampshire at first seemed to acquiesce in it ; and some letters which the President wrote to the Governor of Vermont, when threatened with invasion in 1777, were understood as an acknowledgment of it. Had there been no attempt to unite with the towns on the eastern side of the river, New-Hamp- shire would perhaps never have opposed the independence of Vermont. But the Assembly was afterward induced to claim all that territory, which before the year 1764, had been supposed to be within the limits of the state. This interfered with the claim of New-York ; and at the same time, Massachusetts put in a claim to a part of Vermont. The controversy had become so intricate, that it was thought necessary to be decided by congress ; and Sept. 24. application being made to that body, they recommended to the three States of New-York, Massachusetts and New-Hampshire, to pass acts which should authorise congress to determine their boundaries ; and at the same time, they advised the people of Vermont to relinquish jurisdiction over all persons on the west or east sides of Connecticut river, who had not denied the authority of New-York and New-Hampshire ; and to abstain from granting lands, or confiscating estates, within their assumed limits, till the matter should be decided. The states of New-' York and New-Hampshire passed these acts ; but Massachusetts did not. The Vermont assembly proceeded in granting lands and confiscating estates ; and congress could only resolve that their proceedings were unwarrantable.
It was necessary that nine states should be present in congress, beside those whose claims were to be heard. A deficiency in the representation caused a long delay ; but after the expiration of another year, the question was brought on. The claims of New-York and New-Hampshire were put in ; and both 1780. pleaded that Vermont had no right to independence. Sept. 20. The agents of the New-State asserted their right, and offered to become part of the Union ; intimating, that if they could not be admitted, they should be reduced to the necessity of mak- ing the best terms which the British government .*
" How far intrigues of this kind were carried on, it may be difficult to as- certain ; but that the British government had some dependence on the defec- tion of Vermont appears from the following paragraph of an intercepted let- ter from Lord George Germaine, to Sir Henry Clinton, dated Whitehall, Feb. 7, 1781.
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