USA > New Hampshire > The history of New-Hampshire > Part 50
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62
' The return of the people of Vermont to their allegiance, is an event of ' the utmost importance to the King's affairs ; and at this time, if the French ' and Washington really meditate an irruption into Canada, may be consider- ' ed as opposing an insurmountable bar to the attempt. General Haldiman, ' who had the same instructions with you to draw over those people, and ' give them support, will, I doubt not, push up a body of troops, to act in con- ' junction with them, to secure all the avenues, through their country into ' Canada ; and when the season admits, take possession of the upper parts of ' the Hudson's and Connecticut rivers, and cut off the communication between ' Albany and the Mohawk country. How far they may be able to extend ' themselves southward and eastward, must depend on their numbers, and the ' disposition of the inhabitants.' Pennsylvania Packet, Aug. 4, 1781.
391
STATE. MESHECHI WEARE
1781.]
The cause was further perplexed by a constitutional question, whether congress had any power to form a new State within the limits of the union ?. The decision was defer- 1781. red ; and after eleven months, congress had proceeded Aug. 20. no farther, than to lay it down as an indispensable preliminary, to the recognition of Vermont, as a member of the union ; that they should ' explicitly relinquish all demands of land and jurisdiction ' on the east side of Connecticut river, and on the west side of a ' line drawn twenty miles eastward of Hudson's river to Lake ' Champlain.'
When this resolution was laid before the assembly of Vermont, which met at Charlestown, they determined to 'remain Oct. 19. ' firm in the principles on which they first assumed govern-
' ment, and to hold the articles of union inviolate, that they would ' not submit the question of their independence to the arbitrament ' of any power whatever; but they were willing at present to ' refer the question of their jurisdictional boundary to commission- ' ers mutually chosen, and when they should be admitted into the ' American union, they would submit any such disputes to con- ' gress.'1
The state of society within the seceding towns, at this time, was very unhappy. The majorities attempted to control the mi- norities ; and these were disposed not to submit, but to seek pro- tection of the government with which they had been connected. At the same time, and in the same place, justices, sheriffs and constables, appointed by the authority of both states, were exer- cising jurisdiction over the same persons. Party rage, high words and deep resentment, were the effect of these clashing interests. An affray which began in the town of Chesterfield, threatened a scene of open hostilty, between the states of New-Hampshire and Vermont.
A constable, appointed by the authority of Vermont, had a writ, in an action of debt against a man who was in the interest of New-Hampshire. He found the man in company with a number of people of his own party, and attempted to arrest him. The owner of the house interposed. The constable
Nov. 14. produced a book, which he said contained the laws of Vermont, and began to read. The owner of the house forbade him. Threatening words were used ; and the officer was compelled to retreat. By a warrant from a Vermont justice, the householder, and another of the company, were committed to prison, in Charles- town. They sent a petition to the assembly of New-Hampshire for relief. The assembly empowered the committee of safety to direct the sheriff of Cheshire to release the prisoners ; Nov. 28. they farther empowered the committee to cause to be apprehended and committed to prison, in any of the counties, all
(1) MS. copy of Vermont resolves in New-Hampshire files. (2) MS. depo sitions and letters in the files.
392
HISTORY OF NEW-HAMPSHIRE. [1781.
persons acting under the pretended authority of the state of Ver- mont, to be tried by the courts of those counties where they might be confined ; and for this purpose, the sheriff's were empowered to raise the posse Comitatus.
·
In attempting to release the two prisoners from Charlestown goal, the sheriff himself was imprisoned by the Vermont sheriff, under the authority of a warrant from three Justices. The im- prisoned sheriff applied to a brigadier-general of New-Hamp- shire, to raise the militia for his liberation. This alarmed the 17S2. Vermonters ; and orders were issued by the governor for their militia to oppose force with force. A committee of Jan. 12. Vermont was sent to Exeter, 'to agree on measures to ' prevent hostilities.' One of this committee was the Vermont sheriff; he was immediately arrested and thrown into prison at Exeter, and there held as a hostage for the release of the sheriff of Cheshire. The assembly issued a proclamation, allowing forty days for the people in the revolted towns to repair to some magis- trate of New-Hampshire, and subscribe a declaration, that they acknowledged the extent of New-Hampshire to Connecticut river ; and that they would demean themselves peaceably as good citi- zens of the State. They also ordered the militia of all the coun- ties to hold themselves in readiness to march against the revolters.
While affairs wore such a threatening aspect between the two States, means were used at congress to take up the controversy on more general ground. A committee, who had under considera- tion the affair of admitting Vermont into the union and determin- ing its boundaries, prevailed on General Washington, then at Philadelphia, to write to the governor of Vermont, advising to a relinquishment of their late extension, as an 'indispensable Jan. 1. preliminary,' to their admission into the union ; intimating also, that upon their non-compliance, they must be considered as having a hostile disposition toward the United States, in which case coercion on the part of congress, however disagreeable, would be necessary .*
The following is the letter from Washington alluded to.
PHILADELPHIA, 1st January, 1782.
SIR,-I received your favor of the 14th of November, by Mr. Brownson. You cannot be at a loss to know why I have not heretofore, and why I can- not now, address you in your public character or answer you in mine : But the confidence which you have been pleased to repose in me, gives ine an opportunity of offering you my sentiments, as an individual, wishing most ardently to see the peace and union of his country, preserved, and the just rights of the people of every part of it fully and firmly established.
It is not my business, neither do I think it necessary now, to discuss the origin of the right of a number of inhabitants to that tract of country formerly distinguished by the name of the New-Hampshire Grants, and now known by that of Vermont. I will take it for granted that their right was good, be- cause congress, by their resolve of the 7th of August, imply it; and by that of the 21st, are willing fully to confirm it, provided the new state is confined to certain described bounds. It appears, therefore, to me, that the dispute of
1
393
STATE. MESHECHI WEARE.
1782.]
This letter had the desired effect. The assembly of Vermont, taking advantage of the absence of the members from the Feb. 22. eastern side of the river, obtained a majority for comply-
ing with the preliminary, and resolved, ' that the western bank of ' Connecticut river on the one part, and a line drawn from the ' north-west corner of Massachusetts, north-ward, to Lake Cham- ' plain on the other part, be the eastern and western boundaries ' of the state of Vermont, and that they relinquished all claim of ' jurisdiction without those limits.' When the members from the eastern side of Connecticut river arrived, they found themselves excluded from a seat in the assembly, and took their leave with some expressions of bitterness.
After this compliance, it was expected that Vermont would be admitted into the union, and the question was solemnly put in congress ; but a majority decided against it, to the no small disappointment of many persons, beside the inhabi- Apr. 14. tants of the disputed territory. The pretence for this decision was, that they had exceeded the limited time ; but they had com- plied with the 'indispensable preliminary ;' and the order of congress, requiring it, stood unrepealed.
Though cut off from their connexion with Vermont, the re- volted towns did not at once return to a state of peace ; but the divisions and animosities which had so long subsisted, continued
boundary is the only one that exists, and that that being removed, all further difficulties would be removed also, and the matter terminated to the satisfac- tion of all parties. Now I would ask you candidly, whether the claim of the people of Vermont, was not, for a long time, confined solely, or very nearly, to that tract of country which is described in the resolve of congress of the 21st of August last ; and whether, agreeable to the tenor of your own letter to me, the late extension of your claim upon New-Hampshire and New- York, was not more a political manœuvre, than one in which you conceived yourselves justifiable. If my first question be answered in the affirmative, it certainly bars your new claim. And if my second be well founded, your end is answered, and you have nothing to do but withdraw your jurisdiction to the confines of your old limits, and obtain an acknowledgment of indepen- dence and sovereignty, under the resolve of the 21st of August, for so much territory as does not interfere with the ancient established bounds of New- York, New-Hampshire and Massachusetts. I persuade myself you will see and acquiesce in the reason, the justice, and indeed the necessity of such a decision.
You must consider, sir, that the point now in dispute is of the utmost po- litical importance to the future union and peace of this great country. The state of Vermont, if acknowledged, will be the first new one admitted into the confederacy ; and if suffered to encroach upon .the ancient established boundaries of the adjacent ones, will serve as a precedent for others, which it · may hereafter be expedient to set off, to make the same unjustifiable demands. Thus, in my private opinion, while it behoves the delegates of the states now confederated, to do ample justice to a body of people sufficiently respectable by their numbers, and entitled by other claims to be admitted into that con- federation, it becomes them also to attend to the interests of their constitu- ents, and see, that under the appearance of justice to one, they do not mate- rially injure the rights of others. I am apt to think this is the prevailing opinion of congress, and that your late extension of claim has, upon the prin- ciple I have above mentioned, rather diminished than increased your friends ; and that, if such extension should be persisted in, it will be made a common
52
394
HISTORY OF NEW-HAMPSHIRE.
[1782.
to produce disagreeable effects. The judicial courts of New- Hampshire had sat without much interruption, in the county of Cheshire and Grafton, whilst the officers of Vermont held juris- diction also ; but when the latter were excluded by the act of the Vermont assembly, a spirit of opposition began to arise against the sitting of the former.
When the inferior court was holden at Keene, a number of persons appeared, to oppose its proceedings, and effected their Sept. purpose so far as to make an adjournment necessary ; but three of the leaders of the opposition were arrested and bound over to the superior court. In the mean time, efforts were made to raise a party who should oppose the superior court ; and it was re- ported that two hundred men had associated and armed themselves
Oct. for that purpose. On the morning before the court was opened, several of the leaders came to the judges' cham- bers and presented a petition, praying, ' that the court might ' be adjourned, and that no judicial proceedings might be had, ' whilst the troubles in which the country had been involved still ' subsisted.' They were told that the judges could come to no determination on the subject but in open court. When the court was opened, their petition was publicly read ; and the considera- tion of it was postponed to the next day. The court then pro-
cause, and not considered as only affecting the rights of those states imme- diately interested in the loss of territory ; a loss of too serious a nature not to claim the attention of any people. There is no calamity within the compass of my foresight, which is more to be dreaded than a necessity of coercion on the part of congress ; and consequently every endeavor should be used to prevent the execution of so disagreeable a measure. It must involve the ru- in of that state against which the resentment of the others is pointed.
I will only add a few words upon the subject of the negotiations, which have been carried on between you and the enemy in Canada and in New-York. I will take it for granted, as you assert it, that they were so far innocent, that there never was any serious intention of joining Great-Britain in their at- tempts to subjugate your country ; but it has had this certain bad tendency, it has served to give some ground to that delusive opinion of the enemy, and upon which they, in a great measure, found their hopes of success ; that they have numerous friends among us, who only want a proper opportunity to shew themselves openly ; and that internal disputes and feuds will soon break us in pieces. At the same time, the seeds of distrust and jealousy are scattered among ourselves by a conduct of this kind. If you are serious in your professions, these will be additional motives for accepting the terms which have been offered, (and which appear to me equitable) and thereby convincing the common enemy, that all their expectations of disunion are vain, and that they have been worsted at their own weapon-deception.
As you unbosom yourself to me, I thought I had the greater right of speak- ing my sentiments openly and candidly to you. I have done so, and if they should produce the effect which I most sincerely wish, that of an honorable and amicable adjustment of a matter, which, if carried to hostile lengths, may destroy the future happiness of my country, I shall have attained my end, while the enemy will be defeated of theirs.
Believe me to be, with great respect, Sir, Your most obedient servant,
GEORGE WASHINGTON.
THOMAS CHITTENDEN, Esquire.
395
STATE. MESHECH WEARE.
1782.]
ceeded to its common business. The grand jury being impan- nelled, the doors of the house where they met were kept open, whilst the attorney general laid before them the case of the riot- ers at the inferior court. A bill was found against them. They were arraigned, they pleaded guilty, and cast themselves on the mercy of the court. The court remitted their punishment on condition of their future peaceable behaviour. This well judged combination of firmness and lenity disarmed the insurgents ; and they quietly dispersed. From that time, the spirit of opposition to government in that quarter gradually abated ; and the people returned to their connexion with New-Hampshire.
CHAPTER XXVII.
Popular discontent. Efforts for paper currency. Tender acts. Insurrection. Dignity and lenity of government. Federal constitution.
THE American revolution had been crowned with success, as far as it respected our emancipation from foreign jurisdiction, the establishment of forms of government among ourselves, and our deliverance from war. It remained, to accommodate the minds and manners of the people under the new administration, to a regular course of justice, both public and private ; to perfect the union of the states ; and to establish a system of finance. These 'things were necessary to make the revolution complete.
The extremes of despotism on the one hand, and of li- centiousness on the other, are equally to be avoided. In a just medium between these, a government well balanced and executed with vigor, is capable of producing the most val- uable benefits. To this point it was necessary to conduct our revolution. But it was equally necessary, that it should proceed by slow degrees ; that errors in principle should be gradually re- formed ; and that men should be taught by their own experience, the folly of relying on any system of politics, which however sup- ported by popularity, is not founded in rectitude.
A large debt accumulated by the war, remained to be discharg- ed. For this purpose, requisitions were made by congress, as well as by the state governments. Silver and gold, which had circulated largely in the latter years of the war, were returning, by the usual course of trade, to those countries, whence large quantities of necessary and unnecessary commodities had been imported. Had any general system of impost been adopted, some part of this money might have been retained, and some part
396
HISTORY OF NEW-HAMPSHIRE. [1785.
of the public debt discharged ; but the power of congress did not extend to this object ; and the states were not united in the ex- pediency of delegating new and sufficient powers to that body .- The partial imposts, laid by some of the states, were ineffectual, so long as others found their interest in omitting them. Recourse therefore, was had to the usual mode of taxation on polls and es- tates ; by which means, a heavy burden was laid on the husband- man and the laborer. Those who were punctual in their pay- ments, saw no probable end of their exertions, whilst the negli- gence of others occasioned repeated demands. Private creditors, who had suffered by long forbearance, were importunate for their dues ; and the courts of law were full of suits.
The people who felt themselves distressed, held conferences with a view to devise means of redress. The remedy which ap- peared to many of them most easy, was a new emission of paper bills, funded on real estate, and loaned on interest. To effect this, petitions were addressed to the legislature ; and to 1785. remedy the grievance, as far as it was occasioned by a
Feb. 24. debt of the state, an act was passed, to draw into the treasury all notes issued by the state, and give certificates for the interest, and for fifteen per cent. of the principal, annually ; which certificates were to be received by the treasurer for taxes, 'in ' lieu of, and equal to silver and gold.' By this means, it was expected that the debt would gradually be extinguished ; and that the people would easily be enabled to pay at least one species of their taxes.
This was far from satisfying the complainants. The public securities, they said, were engrossed by rich speculators, and the poor were distressed for the means of paying their taxes and their private debts. The cry for paper money was incessant ; and the people were called upon in the public papers, 'to assert their own ' majesty, as the origin of power, and to make their governors ' know, that they are but the executors of the public will.'
To this clamor, the voice of reason and justice calmly answer- ed ; that it was not in the power of the legislature to establish any fund, which should secure paper money from depreciation ; that there was so much paper then in circulation, and the time of its redemption was so distant, that the notes passed at a discount of sixty, and the certificates of twenty per cent ; that if the quantity were increased, the depreciation would increase in proportion ; that if bills were issued and made a tender in all payments, it would never be in the power of government to redeem them by silver and gold, because none could be collected ; and in that case, no part of the continental or foreign debt could be discharg- ed ; that if bills were loaned on land security, it would be in the power of the public debtor to purchase the bills at a reduced val- ue, and with them to make his payment at the treasury, in which
1
1785.]
STATE. JOHN LANGDON.
397
case, though the public chest might be filled with paper, yet the government would suffer all the embarrassment of poverty. It was added, that the legislature were by the constitution expressly forbidden to make retrospective laws, and had no right to alter the nature of private contracts ; and that should the majority of the people petition the government to make paper a lawful tender, it would be their duty to reject the petition as unconstitutional .- When it was proposed, that the paper should not be a tender for past but only for future contracts ; it was answered, that this would not relieve the debtor, who was suffering for his past engagements, and the difficulties which it pretended to cure would still exist.
In vain were agriculture and manufactures, industry and fru- gality recommended as the only adequate sources of relief ; the complainants had no disposition to apply a remedy so slow in its operation ; and indeed it was doubtful whether the utmost exer- tions in that way would have been sufficient, completely to extri- cate us out of these difficulties, without some alteration in our confederated government.
Similar difficulties, at the same time, existed in the neighboring state of Massachusetts ; to remedy which, among other palliatives, a law was passed called a tender-act, ' by which it was provided ' that executions issued for private demands, might be satisfied by ' cattle and other enumerated articles, at an appraisement of im- ' partial men under oath." For such a law, the discontented party in New-Hampshire petitioned ; and to gratify them, the leg- islature enacted, that ' when any debtor shall tender to his ' creditor, in satisfaction of an execution for debt, either Nov. 8. ' real or personal estate sufficient, the body of the debtor shall be ' exempt from imprisonment, and the debt shall carry an interest ' of six per cent ; the creditor being at liberty either to receive ' the estate, so tendered, at a value estimated by three appraisers, ' or to keep alive the demand by taking out an alias, within one ' year after the return of any former execution, and levying it on ' any estate of the debtor which he can find.' At the same time, an act was made, enlarging the power of justices of the peace, to try and determine actions of debt and trespass to the value of ten pounds. These laws were complained of as unconstitutional ; the former as being retrospective, and changing the nature of con- tracts ; the latter as depriving the creditor, in certain cases, of a right to trial by jury. But so strong was the elamor for redress of grievances ; and so influential was the example of the neigh- boring state, that some of the best men in the legislature found it necessary to comply ; whilst another part were secretly in favor of worse measures.
The tender-act, at first, was made for two years only ; before the expiration of which it was revived, with some alterations, and
(1) Minot's History of the Insurrections, p. 15.
398
HISTORY OF NEW-HAMPSHIRE.
[1785.
continued for three years longer. The effect of this law, in cases where an attempt was made to execute it, was, that the most val- uable kinds of property were either concealed or made over to a third person ; and when the sheriff came with an execution, it was levied on such articles as were of little use to the creditor. But the most general effect of the law was to prevent any demand on the part of the creditor, and to encourage the debtor in neglect- ing payment.
The scarcity of money was still a grievance which the laws had not remedied, but rather had a tendency to increase. To en- 1786. courage its importation into the country, the legislature exempted from all port duties, except light-money, every vessel which should bring gold and silver only ; and from one half of the duties, if a sum of money equal to one half of the car- go should be imported. But it was to no purpose to import mon- ey, unless encouragement were given for its circulation, which could not be expected whilst the tender-act was in force ; for every man who owned money thought it more secure in his own hands, than in the hands of others.
The clamor for paper currency increased, and, like a raging fever, approached toward a crisis. In every town, there was a party in favor of it, and the public papers were continually filled with declamations on the subject. It was said that an emission of bills of credit would give a spring to commerce and encourage agriculture ; that the poor would be able to pay their debts and taxes ; that all the arguments against issuing paper were framed by speculators, and were intended to serve the wealthy part of the community, who had monopolized the public securities, that they might raise their value and get all the good bargains into their own hands ; that other states in the union had issued paper bills, and were rejoicing in the happy effects of their currency, without any depreciation ; that the people had a right to call upon their representatives to stamp a value on paper, or leather, or any other substance capable of receiving an impression ; and that to prevent its depreciation, a law should be enacted to punish with banishment and outlawry, every person who should attempt by any means to lessen its value .*
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.