,1) II'; r; K(^i ^ I ;ki ,.k;o^a i"., O. :\) rmrii .iuiH- 4'." li'-l'-l: I Pic. I .lilt:. ■-'<'"' 17".'' I Au-.-,l .'.•!■ THK HISTORY OF NEW-HAMPSHIRE. BY JEREMY BELKNAP, D. D., MEMBER OF THE AJIERICAX PIIILOSOrniCAl! SOCIETY, OF THE AMERICAIT ACAD- EMY OF ARTS AND SCIENCES, AND CORRESPONDING SECRETARY OF TlIE MASSACHUSETTS HISTORICAL SOCIETY. FROM A COPY OF THE ORIGINAL EDITION, HAVING THE AUTHOR'S LAST CORRECTIONS. TO WHICH ARE ADDED NOTES, CONTAINING VARIOUS CORRICTIONS AND ILLUSTRATIONS OF THE TEXT, AND ADDITIONAL FACTS AND NOTICES OF PERSONS AND EVENTS THEREIN MENTIONED. BY JOHN FARMER, V CORRESPONDING SECRETARY OF THE N. H. HISTORICAL SOCIETY. VOJL. I. DOVER : S. C. STEVENS AND ELA & WADLEIGH. 1831. DISTRICT OF NEW-HAMPSHIRE— ared with the pub- lic records, with ancient manuscripts, with Charlevoix's history of New- France, and with tlie verbal traditions of the immediate sufferers or their de- scendants. The particular incidents of these wars, may be tedious to stran- gers, but will be read with avidity by the posterity of those, whose misfor- tunes and bravery were so conspicuous. As the character of a people must be collected from such a minute series, it would have been improper to have been less particular. The writer has had it in view not barely to relate facts, but to delineate the characters, tlie passions, the interests and tempers of the persons who are the subjects of his narration, and to describe the most striking features of the times in which they lived. How far he has succeeded, or wherein he is de- fective, must be left, to the judgment of crery candid render, to which this work is most respectfully submitted. Dover, June 1, 1784. PREFACE TO THE SECOND VOLUME. When the first volume was printed, I had not seen the ' Political Annals' of the American Colonies, published in 1780, by George Chalmers, Esq. This gentleman, being in England, was favored with some advantages, of which I was destitute ; having access to the books and papers of the Lords of Trade and Plantations, from the first establishment of that Board. He seems to possess the diligence and patience which are necessary in a historian ; but either through inadvertence or want of candor, has made some misrepresen- tations respecting New-Hampshire, on which I shall take the liberty to re- mark.* In page 491, speaking of the first Council, of which President Cutt was at the head, he says, ' they refused to lake the accustomed oaths, as the Eng- ' lish law required, because liberty of conscience was allowed them.' In the first volume of my history, page 01, I have said, ' tliey published the com- ' mission and took the oaths ;' for which I cited the Council records ; and on recurring to them, I find the following entry, in the hand writing of Ellas Stileman, Secretary. ' January 21,1679—80. ' His Majesty's Commissioners, nomynated in said commission, tooke theii ' respective oathes, as menconed in said commission.' That the oaths were really taken, is a fact beyond all dispute ; but if there is any ground for what Mr. Chalmers is pleased to call a refusal, it must have been respecting the form of swearing ; which was usuall}' done here by lift- ing the hand, and not by laying it on the bible, as was the form in England. Was it a forced construction of the clause respecting liberty of conscience, to suppose, that this indulgence was granted to them ? ' What other use could they have made of this liberty, than to act according to the dictates of their consciences .'' Is it then consistent with candor, to publish an asser- tion, so worded as to adnait the idea, that these gentlemen refused to obey an * [It appears from the History of the Rise and Progress of the United States of North America, till the British Revolution in 1088, by James Gra- ham, Esq., that Mr. Chalmers connnenced his acquaintance with colonial history in this country. Prior to the American revolution, he emigrated to the American colonies, and settled as a lawyer at Baltimore, but adliering to the royal cause, he returned to England, and was rewarded by an appomt- ment from the Board of Trade. The North American Review, No. LXX. (January, 1831.) p. 170, has pronounced a severe, but probably just sentence pp the character of the work above mentioned.] 2 X PREFACE. essential part of the duly prescribed by the commission, which they under- took to execute ? Or is it consistent with the character which lie gives of tlie Prt'sident, Cutt, p. 4!)i2, tiiat ' lie was allowed to have been an honest ' man and a loyal s\ibject ?' The commission required them to take tlie oaths of allegiance and supremacy, and an oath of ofiice, wliich last is recited in the commission ; but not a word is said of the mode and form, in which the oaths should be taken ; neither was it said that they sliould be taken ' as the ' English law required.' They were therefore lelt at their liberty, to take them in any form which was agreeable to their conscience, or their former usage. In the same page (401) he sa^'s ; ' An Assembly was soon called, which, by ' means of the usual intrigues, was composed of persons, extremely favorable ' to the projects of those who now engrossed power.' And in a note (patre 507) ' the Council transmitted to the towns, a list of those who should be al- ' lowed to vote.' With what propriety can it be said that these gentlemen engrossed power, when they were commissioned by the king; audit is acknowledged, that not only their appointment, but their entering on office, w£is contrary to their inclinations .•" That the persons chosen into the Assembly should be ' favorable' to the sentiments of the Council, or of ' the wise men of Boston,' was not the result of any intrigues ; but because the majority of the people were of the same mind. As to sending ' a list of those who should be allowed to vote ;' the true state of the matter was this. The commission prf>vided for the calling of an Assembly, within three months after the Council sliould be sworn, by sum- mons under seal, ' using and observing therein such rules and methods, as to ' the persons who are to choose the deputies, and tiie time and place of meet- ' ing, as they (the Council) shall judge most convenient.' The mode which they judged most convenient was, to order the select men of the four towns, to take a list of the names and estates of their respective inhabitants, accord- ing to their usual manner of making taxes, and send it to the Council. The Council then issued an oi'der, appointing the persons therein named, to meet in their resjiective towns, and elect by a major vote, three persons from each, to represent them in a general Assembly, on the IGth of March ; and in the order, there is this proviso, * Provided that wee do not intend that what is ' now df^ne be presidential for the future, and that it shall extend noe farther, ' than to the calling this first assembly.' Now ar the rules and methods of calling an assembly, and the persons who were to choose deputies, were left to the discretion of the Council ; what mflre proper method could they have taken, than to call for a list of the in- habitants and their estates, and by tliat means to determine, who were quali- fied in point of property and habitaucy to be electors ? And as the numbers were few, and the persons well known, was it not as proper to name thein at once, in the writs, ar, to establish qualifications, and appoint other persons to judge of those qualifications ; especially when there was no law in force by which they could be judged .-' It is observable that each voter was ordered to take the oath of allegiance, if he had not taken it before ; and in the list of names in the book, a mark is set against several persons, who did not take the oath ; and another against those who did not appear at the election. Has this the appearance of intrigue ? in page 492, he says, ' they were extremely slow in conforming to present ' requisitions, and passed no laws during the first session.' Having again consulted the records, I find in the Journal of the Council this entry, ' At a • general Assembly held in Portsmouth, the l(Jth of March, IG79 — bO. Fres- ' ent, &c. Sundry laws and ordinances made at this session are in anotlier ' booke, for that purpose.' In that other book, a body of laws is recorded, in the sanie hand writing, viz. of Stileman the Secretary, which bears the following title ; ' The general ' laws and liberties of the Province of New-Hampshire, made by the general ' Assembly in Portsmouth, the IGth day of March, 1679 — 80, and approved by ' the President and Council.' It appears from the books, that this Assembly held four sessions within the year, viz. on the 16th of March, the 7th of June, the 19th of October, and the 7th of December. Ae there is not a particular date to each law, but the whole PREFACE. xi code bears the date of the first session in March ; it may fairly be inferred, that the business was begun in tiie first session, and continued througfh tlie other tliree ; and when completed, was immediate!)' sent to England ;. for Mr. Chahners himself tells us, that ' the laws which they transmitted, in conlbrm- ' ity to their Constitution, had not the good fortune to please, and were disap- ' proved of, by the Lords of the Committee of Plantations, m December, 1061.' From this statement it may be concluded, that they were not slower in ' es- ' saying their legislative talents,' than the necessity of proceeding with due deliberation required ; and that there was no just cause for the reproach which he has cast upon them. In page 494, he gives this account of the character of the people of New- Hampshire. * When Crakfif.ld arrived, he found the Province containing ' four thousand inhabitants, extremely poor from the devastation of the Indian * war. But when he spoke contemptuously of the country which he had been ' sent lo rule, he seems not to have reflected, that all colonies had once known ' the like pnucity of numbers, the same weakness, and the same poverty ; ' animated only by a dissimilar spirit from that of New-Hampshire, which ' now disdained that indrprndence on her neighbors, that other provinces had ' contended for with enthusiasm. And other plantations, actuated by very * different maxims, had not complained, even in their weakest days, of their * inabilitv to defend their frontiers, against the attacks of a foe, that has never ' proved dangerous, except to the effeminate, the factious, or the cvirtirdlij. ' When New-Plymouth consisted only of two hundred persons, of all ages * and sexes, it repulsed its enemies and secured its borders, with a gallantry ' worthy of its parent country ; because it stood alone, in the desert, without ' hope of aid.' That the people of New-Hampshire ever deserved the character of effem- inate or eujvurdhj, can by no means be admitted. Innumerable facts evince the contrary beyond a doubt. Had this author ever resided among them, espe- cially in time of war, he would have thought quite otherwise of them. That the native savages have ' never proved & dangerous foe, to any but the effem- * inate, the factious and the cowardly,' is an assertion totally unfounded. — Their manner of attacking was always b}' surprise, and the bravest and best men may sometimes be deficient in vigilance, where no suspicion of danger exists. If the people of New-Hampshire ' disdained independence,' let it be con- sidered, that they had been, for about 40 years, connected with Massachusetts, to their mutual satisfaction ; and the proposed • independence' which ha means was but anotlier name for subjection to a landlord. Wiien independence, in its genuine meaning, became necessary, in 1776, they freely joined with their brethren in asserting it, and in bravely defending it. Without any disparagement to the first settlers of Plymouth, who, from the year 1G43, were protected by a confederacy of the- four New-England colo- nies, it may with truth be said, that the people of New-Hampshii-e were nev- er behind them, in vigorous exertions for tlieir own defence, wlien they were conducted by officers in whom they could place confidence ; but in Cranfield's time, there was no war with the Indians ; though he attempted to frighten them into an apprehension of danger, from the Indians, to serve his own pur- poses. The account which Mr. Chalmers gives of Cranfield's administration differs not very materially from mine, except in one instance. He represents ' the ministers as very attentive to him, because they deem- ' ed him gained over to the Independents.' I have met with no evidence of this ; the deception, if any, must have been very short lived. Mr. Chalmers sa^'s nothing of the prosecution of Moodey, and of Cran- field's endeavors to ruin him, for his non-conformity to the Church of Eng- land ; but tells us that he ' deemed it unsafe, to remain any longer among the ' ministers, who ruled an enthusiastic people, with the same sway as did the ' popish clergy during the darkest ages ;' and that in his letters to England, he ' gave warning that while the clergy were allowed to preach, no true alle- ' gi.ance would be found in those parts.' This ma}" be considered as a corrob- orating evidence of his bigotry and intolerance. Truth obliges me to add, that his opponents were not deficient in those unhappy qualities, which were too much in fashion among all parties in that age. xii PREFACE. Mr. Chalmers concludes his account of New-Hampshire in these words :-^ ' Being excluded from the charter granted to Massachusetts, it has continued ' to the present time, a different, thougli uicunsid crahl e settiement ; ||irregular ' and factious in its economy, affording no precedents that may be of exem- * plary use to otiier colonies. '||* What justice there is in this remark, the reader will be able to determine, from the following portion of its history, which, after much unavoidable delay, is now submitted to his perusal. Boston, August 1, 1791. * [The words between parallels appear to be quoted by Chalmers. After " irregular," the words, " as we are assured," occur in Chalmers, but are omitted by Dr. Belknap.] CONTENTS. Chapter I.— Discovery of the country. Establishment of the council of Plymouth. Their grants to Mason and others. Beginning of the settlements at Portsmouth and Dover. Wheelwright's Indian purchase. Neal's adventures. Discouragements. Dissolution of the council. — Mason's death. Causes of the failure of his enterprise. Page 1 CHAPTER II.— Troubles at Dover. Settlements of Exeter and Hampton. Story of Undf rhill. Desertion of {Mason's tenants. Combinations at Portsmouth and Dover. Union of New-Hampshire with Massachu- setts. 17 CHAPTER ill. — Observations on the principles and conduct of the first planters of New-England. Cause of their removal. Their religious sentiments. Fortitude. Care of their posterity. Justice. Laws. — Principles of government. Theocratic prejudices. Intolerance and per- secutions. 34 CHAPTER IV. — Mode of government under Massachusetts. Mason's ef- forts to recover the property of his ancestors. Transactions of the king's commissioners. Opposition to them. Internal transactions. Mason discouraged. 53 CHAPTER V. — Remarks on the temper and manners of the Indians. The first general war with them, called Philip's war. 65 CHAPTER VI. — Masons renewed efforts. Randolph's mission and trans- actions. Attempts for the trial of Masons title. New-Hampshire sep- arated from Massachusetts and made a royal province. Abstract of the commission. Remarks on it. 85 CHAPTER VII. — The administration of the first council. Mason's arrival; Opposition to him. His departure. State of trade and navigation. 90 CHAPTER Vin.— The administration of Cranfield. Violent measures.— Insurrections. Mason's suits. Prosecution of Moodey and Vaughan. Arbitrary measures. Complaints. Tumults. "Weare's agency in Eng- land. Cranfield's removal. Barefoote's administration. 96 CHAPTER IX. — Administration of Dudley as president, and Andros as governor of New-England. Mason's further attempts. His disappoint- ment and death. Revolution. Sale to Allen. His commission for the government. 117 CHAPTER X. — The war with the French and Indians, commonly called King William's war. 124 xiv CONTENTS. CHAPTER XI. — The rivil affairs of the province during the administra- tions of tJsiier, Partridge, Allen, the Earl of Bellomont and Dudley, comprehending the whule controversy with Allen and his heirs. 148 CHAPTER XH. — The war with the French and Indians, called Queen Anne's war. Conclusion of Dudley's and Usher's administration. 166 CHAPTER Xlll. — The administration of Governor Shute, and his lieuten- ants, Vaughan and Wentworth. 184 CHAPTER XIV. — The fourth Indian war, commonly called the three years' war, or Lovewell's war. 197 CHAPTER XV. — Wentworth's administration continued. Burnefs short administration. Belcher succeeds him. Wentworth's death and char- acter. 2J8 CHAPTER XVI. — Dunbar's lieutenancy and enmity to Belcher. Efforts to settle the boundary lines. Divisions. Riot. Trade. Episcopal Church. Throat distemper. 226 CHAPTER XVII. — State of parties. Controver.sy about lines. Commis- sioner's appointed. Their session and result. Appeals. Complaints. 237 CHAPTER XVni. — Revival of Mason's claim. Accusations against Bel- cher, real and forged. Royal censure. Final establishment of the lines. Spanish war. Belcher's zeal and fidelity. His removal. Examination of his character. 251 CHAPTER XIX. — The beginning of Benning Wentworth's administration. War opened in Nova-Scotia. Expedition to Cape-Breton ; its plan, con- duct and success, with a description of the island, and the city of Louis- burg. 2G2 CHAPTER XX.— Projected expedition to Canada. Alarm of the French fleet. State of the frontiers. Peace. 281 CHAPTER XXI. — Purchase of Mason's claim. Controversy about repre- sentation. Plan of extending the settlements. Jealousy and resentment of the savages. 2y6 CHAPTER XXTl. — The last French and Indian war, which terminated in the conquest of Canada. Controversy concerning the lands westward of Connecticut river. 308 CHAPTER XXIII. — Beginning of the controversy with Great Britain. — Stamp act. Resignation of Benning Wentworth. 326 CHAPTER XXIV.— Administration of John Wentworth the second. New attempt to force a revenue from America. Establishment of Dartmouth college. Division of the province into counties. Deatii of Benning Wentworth. Complaint of Peter Livius against the governor. Its issue. Progress of the controversy with Great Britain. War. Dissolution of British government in New-Hampshire. 339 CHAPTER XXV.— War with Britain. Change of* government. Tempo- rary constitution. Independence. Military exertions. Stark's expe- dition. Employment of troops during the war. 358 CHAPTER XXVI. — Paper money. Confiscations. State constitution. — Controversy witli Vermont. 378 CONTENTS. XV CHAPTER XXVI I. — Popular discontent. Efforts for paper currency. — Tender acts. Insurrection. Dignity and lenity of government. Fed^ era] constitution. «^9o APPENDIX. LIST OF PAPERS IN THE APPENDIX. Note. Those papers to which a star is prefixed were not published in the former editions. JVo. Titles. 1. Copy of a deed from four Indian sagamores to Rev. John Wheelwright and otliers, 2. Letter from Thomas Eyre to Ambrose Gibbins, 3. Letter from the company of Laconiato Gibbins, 4. Letter from Gibbins to the company, 5. Letter from the same to the same, 6. Letter from Neal and Wiggin to the company, re- lating to the division of lands at Pascataqua, 7. Letter from SirFerdinando Gorges and Capt. John Mason to Waniertou and Gibbins, 8. Letter from Mason to Gibbins, 9. Letter in answer to the foregoing, 10. Letter from George Vaughan to Gibbins, 11. Letter from the same to the same, 12. ^Combination for government at Exeter, with forms of oaths for rulers and people, 13. ^Combination for government at Dover, 14. ^Petition of the inhabitants of Portsmouth, 15. *Declaration of John Allen, Nicholas Shapleigh and Thomas Lake, 16. Report of a conmiittee of reference on the petition of Robert Mason, Edward Godfrey and others, to the king, 17. *Commission granted by the general court of Mas- sachusetts, for settling disturbances occasioned by king's commissioners, 18. *Address of the town of Dover to the general court of Massachusetts, 19. *Address from Portsmouth to the same, 20. *Rev. Samuel Dudley's certificate, 21. * Address of the town of Portsmouth relating to Harvard college, 22. Petition of Robert Mason to the king, 23. Answer of Massachusetts to Mason and Gorges' complaint, 24. Report of the lords' chief justices, and the king's confirmation thereof, 25. Extract from that part of President Cutt's com- mission, in which the claim of Mason is recited, 2G, *General laws and liberties of the province, 27. Addiessofthe general court of New-Hampshire to the king, 28. Address from the same to the same, 29. Robert Mason's mandamus as counsellor, 30. *The order of the council and general assembly for a tax, 31. Answer to the claim of Mason, 32. Elias Stileman's answer to Mason's claim, 33. *Letter from Edward Randolph to the lords of trade and plantations, Dates. Paere. 17 May, 1629. 422 May, 1G31. 422 5 Dec. 1632. 423 24 June, 1633. 424 13 July, 1633. 425 13 Aug. 1633. 426 5 May, 1634. 428 5 May, 1634. 428 6 Aug. 1634. 429 20 Aug. 1634. 431 10 April, 1636. 431 4 Oct. 1G39. 439 22 Oct. 1640. 433 May, 1653. 433 Nov. 1654. 435 1661. 43G 1665. 437 10 Oct. 9 Oct. 10 Oct. 1665. 1665. 1665. 438 439 439 1669. 1675. 439 440 1676. 444 1677. 449 1679. 1680. 459 453 29 Mar. 11 June, 30 Dec. 1680. 1680. 1680. 455 456 457 Mar. 1681. 1682. 1682. 458 459 461 J683. 463 XVI CONTENTS. 34. 'Letter from Edward Gove to the court of sessions, Jan. 1683. 467 35. Cranfields order for tlie administration of the sa- crament accoidin;f to tl»e liturgy, 10 Dec. 1683. 4C7 36. Information against Joshua Moodey, 16fS3. 467 37. Second information against the same, 6 Feb. 16H4. 468 38. Warrant and mittimus against the same, 6 Feb. 1684. 461) 39. Cranfield's order ibr raising money without an assembly, 14 Feb. 1684. 469 40. Letter from tlio council to Governor Dungan, of New-York, 21 Mar. 1684. 470 41. Address and petition of the inhabitants of Exeter, Hampton, Portsmouth and Dover against Cran- field, 1684. 471 42. The deposition of Peter Coffin, relating to Cran- fields conduct towards Vaughan, 6 Feb. 1684. 474 43. The warrant and mittimus to commit Vaughan to prison, 6 Feb. 1684. 475 44. Vaughan's letter and journal in prison, Feb. 1684. 476 45. Letter from Cranfield and his council to the lords of trade, 23 May, 1684. 487 46. Letter from Cranfield to Sir Leoline Jenkins, 23 May, 1684. 488 47. Nath'l Weare's first complaint against Cranfield, 1684. 488 48. Reference of the same to the lords of trade, 11 July, 1684. 490 49. Letter from the lords of trade to Cranfield, 23 July, 1684. 491 50. *A brief of the affidavits, objections and replies in the case of Weare against Cranfield, before the lords of trade and plantations, 10 Mar. 1685. 492 51. *A brief of Cranfield's commission, and of the evi- dence in support of the complaintand againstit, 1685. 496 52. Report of the lords of trade against Cranfield, and the king's order, 8 April, 1685. 502 53. *King's order for hearing Vaughan's appeal, 29 April, 1685. 503 54. Letter of lords of trade to Cranfield, 29 April, 1685. 503 55. Letter from tlie same to the same respecting Vaughan's appeal, 22 May, 1685. 505 56. Petition of the inhabitants against Mason, 1685. 505 57. Decision of King James IL against Vaughan, 19 Nov. 1686. 507 58. Four letters from Ilogkins, sachem at f enacook, to the governor, 15 and 16 May, 1685. 508 59. Capt. Francis Hooke's letter, advising of danger from the Indians, ]3 Aug. 1685. 509 60. Report of pei-sons sent to inquire into the above, (No date.) 510 61. Articles of peace with the Indians, inhabiting New- Hampshire and Maine, 8 Sept. 1685. 510 i)2. Petition of William Ilouchins, for aid to obtain a cure of the king's evil, 7 Sept. 1687. 511 j63. Letter from Secretary Addington to Major Waldron, warning him of danger from the Indians, 27 June, 1689. 513 HISTORY OF NE^IV-HAMP8HIRE. CHAPTER I. Discovery oftlio country. Establishment of the Council of Plymouth. Tlieir grants to Mason and others. Beoinning of the setllemenl.-i at Portsmouth and Dover. Wheelwright's Indian purcliase. Noal's adventures. Dis- couragements. Dissolution of the Council. Mason's death. Causes of the failure of his enterprise. It is happy for America that its discovery and settlement by the Europeans happened at a time, when they were emerging from a long period of ignorance and darkness. The discovery of the magnetic needle, the invenlion of printing, the revival of literature and the reformation of religion, had caused a vast alter- ation in their views, and taught them the true use of their rational and activ'C powers. To this concurrence of favorable causes, wc are indebted for the precision with which wc are able to fix the beginning of this great American empire ; an advantage of which (he historians of other countries almost universally are deslilntc ; their first eras being either disguised by fiction and romance, or involved in impenetrable obscurity. Mankind do not easily relinquish ancient and established preju- dices or adopt new systems of conduct, vvithout some poweriul attractive. The prospect of immense wealth, from the mines of Mexico and Peru, fired the Spaniards to a rapid conquest of those regions and the destruction of their numerous inhabitants ; but the northern continent, presenting no such glittering charms, was neglected by the European princes for more than a century after its discovery.^ No effectual care was taken to seciu-e to them- selves the possession of so extensive a territory, or the advantage of a friendly traffic with its natives, or of the fishery on its coasts ; till private adventurers at a vast expense, with infinite hazard and persevering zeal, established settlements for themselves, and there- by enlarged die dominions of their sovereigns. (1) Prince's Annals. 2 HISTORY OF NKW-HAMPSHIRE. [ICH- Of the voyngers who visited the northern coast of America, for the sake of its fins and fish, one of the most remarkahle was Captain John Smith, who ranged the shore from Penohscot to Cape Cod, and, in this route, chscovered the river Pascataqua ; which he found to he a safe harhor, with a rocky shore. He re- turned to England in one of his ships, and there puhlished a de- scription of tlie country, with a map of the sea-coast, which he presented to Prince Charles, who gave it the name of New- England.' The other ship, he left behind under the care of Thomas Hunt, who decoyed about twenty of the natives on board and sold them for slaves at Malaga. This perfidious action ex- cited a violent jealousy in the natives, and bitterly enraged them against succeeding adventurers. Two of those savages having found their way back as fiir as Newfoundland, then under the government of Captain John IMason, were restored to their native country by his friendly interposition, and reported the strong dis- approbation, which the English in general entertained of the mis- chievous plot, by which they had been carried off. By this means^ together with the prudent endeavors of Captain Thomas Dermer,* and afterward of the Plymouth settlers, tranquillity was re-estab- lished between the Indians and the adventurers, which was toler- ably preserved for many years.- However fond we may have been of accusing the Indians of treachery and infidelity, it must be confessed that the example was first set them by the Europe- ans. Had we always treated them with that justice and liumani- ty which our religion inculcates, and our true interest at all times required, we might have lived in as much harmony with them, as with any other people on the globe. The importance of the country now began to appear greater than before, and some measures were taken to promote its settle- ment. A patent had been granted by King James in 1606, lim- iting tiie dominion of Virginia, from the thirty-fourtli, to the forty- fourth degree of northern latitude ; which extent of territory had been divided into two parts, called North and South Virginia, The latter was assigned to certain noblemen, knights and gentle- men of London ; the former to others in Bristol, Exeter and Plymouth."^ Those wlio were interested in the northern colo- ny, finding that the patent did not secure them from the intrusions of others, petitioned for an enlargement and confirmation of their privileges. After some time, the king, by his sole authority, con- (1) Smith's Voyage. (2) Hubbard's printedNarrative of the troubles with the [Eastorn] Indians, p. U, 7. (;}) Gorges' Narrative. "• [This industrious and prudent gentleman haviut;; spent almost two years in searching the coast between New-England and Virginia, the fruit of whoso labor.-i and hazards many others afterwards reaped, was at the last, on his re- turn to \'ir(rinia, set upon by some malicious savages in some parts beyond Cape Cod, from whom he received fourteen or fifteen wounds, vipon which oc- casion, retiring to Virginia, he tliere ended his day?, about {lie year 1(121. — Hubbard, Hist. New-England, 40.] 1620.] GRANTS AiND SETTLEMENTS. 3 stituted a council, consisting of forty noblemen, knia;l)ts and gen- tlemen,* by the name of "The council established at Plymouth, *' in the county of Devon, for the planting, ruling and governing **of New-England, in America."^ They were a corporation with perpetual succession, by election of the majority ; and their territories extended from the fortieth tothe forty-eighth degree of northern latitude. This patent, or charter, is the foundation of all the grants that were made of the country of New-England. But either from the jarring interests of the members, or their in- distinct knowledge of the country, or their inattention to business, or some other cause which does not fully appear, their aflliirs were transacted in a confused manner from the beginning ; and the grants which they made were so inaccurately described, and in- terfered so much with each other, as to occasion difficulties and controversies, some of which are not yet ended. Two of the most active members of this council were Sir Fer- n J * [Lodovvick] Duke of Leno.x", Sir John Brookes, [George] Marquis of Buckingham, Sir Tliomas Gates, [James] Marquis of Hamilton, Sir Richard Hawkins, [WiUiam] Earl of Pembroke, Sir Richard Edgecombe, [Thomas] Earl of Arundel, Sir Allen Apsley. [William] Earl of Batli, Sir Warwick Heale, [Henry] Earl of Southampton, Sir Richard Catchmay, [William] Earl of Salisbury, Sir John Bourchier, [Robert] Earl of Warwick, Sir Nathaniel Rich, [John] Viscount Haddington, Sir Edward Giles, [Edward] Lord Zouclie, Sir Giles Mompesson, [Edmund] Lord Sheffield, Sir Thomas Wroth. Knights, [Edward] Lord Gorges, Matthew Sutcliffe, [dean of Exeter] Sir Edward Seymour, Robert Ileatli. [recorder of London] Sir Robert Mansell, Henry Bourchier, Sir Edward Zouche, John Drake, Sir Dudley Digges, Rawley Gilbert, Sir Thomas Roe, Cieorge Chudley, Sir Ferdinando Gorges, Thomas Haymon, Sir Francis Popham, John Argall, Esquires. [There is a copy of this Patent entire in Hazard's Collections, i. 103—118] 4 JIISTORY OF NEW-IIAMrSlllRE. [1G20. coiinlry, its rivers, harbors, islands, fisheries and other produc- tions ; and tlie inmihers, force, dis})osition and government ol" tlie natives ; and iVoni this inlbrniation, he conceived sanguine hopes of indulging his genius, and making his fortune, by a thorough discovery of the country.^ For this purpose, he, in conjunc- tion with others, ventured several ships, wherefore some met witli peculiar misfortunes ; and others brought home accounts, which, though discouraging to some of his associates, made him deter- mine upon farther attempts,vvlicrein his resolution and perseverance were more conspicuous than any solid gain. These transactions were previous to the establishment of the council ; in soliciting which, Gorges was so extremely active, that he was appointed their president, and had a principal share in all their transactions. Mason was a merchant of London, but became a sea-officer, and, after the peace, governor of Newfoundland, where he acquired a knowledge of America, which led him, on his return to England, into a close attachment to those who were engaged in its discove- ry ; and upon some vacancy in the council, he was elected a mem- ^^£,, ber and became their secretary; being also governor of " ' Portsmouth in Hampshire. He procured a grant froin the council, of all the land from the river of Naumkeag, now Salem, round Cape Anne, to the river IMerrimack ; and up each of those rivers to the farthest head thereof; then to cross over from the head of the one to tlie head of the other ; with all the islands lying w'ith- in three miles of the coast. This district was called Mariana. The next year, another grant was made to Gorges and IMason jointly, of all the lands between the rivers Merrimack and Saga- dehock, extending back to the great lakes and river of Canada, and this w-as called Laconia. Under the audiority of this grant. Gorges and Mason, in con- junction with several merchants of London, Bristol, Exeter, Ply- mouth, Shrewsbury and Dorchester, who styled themselves " the company of Laconia," attempted the establishment of a colony ^^„ and fishery at the river Pascataqua ; and in the spring of the " ' following year, sent over David Thompson, a Scotchman, Edward and William Hilton, fishmongers of London,wilh a number of other people, in two divisions, furnished with all necessaries to carry on their design. One of these companies landed on the southern shore of the river, at its mouth, and called the place Little-Harbor. Here, they erected salt-works, and built an house which was afterwards called Mason-Hall ;* but the Hiltons set (1) Gorgps' Narrative. * [The site of tliis lifinse was on a iicnhisula, or point of land, now called Ocliorne's point, which is formed hy J.iltle-Ilarbor on tlie northeast, and a creek on the south, with a large tract ofsalt niarsli on the west. This place was se- lected with ) Hubbard's MS. Hist. * Whether Captain Mason had liis title confirmed b}' the kinjr after th« surrender of the charter is a point that has been questioned. I eha.ll here col- lect what evidence I have met wilii on both sides. In n pamphlet published in 1728, containing a detail of the grants aad transactions of Capt. Mason, it is said " King Charles 1. by charter dated '* Aug. 1!>, 1G3.5, gives, grants and confirms unto Capt. John Mason, then 1635.] GRANTS AND SETTLEMENTS. 15 the council surrendered their charter to tlie king ; and in Septem- ber, Gorges sold to Mason a tract of land on the northeast side of the river Pascataqua, extending three miles in breadth, and fol- lowing the course of the river Irom its mouth to its Airthest head, including the saw-mill which had been built at the falls of New- ichwannock.' But death which puts an end to the fairest prospects, cut off all the hopes which Mason had entertained of aggrandizing his fortune, by the setdement of New-Hampshire. By his last will, which he signed a few days before his death, he disposed of his American estate in the following manner, viz. ' To the corpora- tion of Lynn Regis in Norfolk, the place of his nativity, he gave 'two thousand acres of land in New-Hampshire, subject to the * yearly rent of one penny per acre to his heirs, and two fifths of * all mines royal ; on condition that five families should within five * years be settled thereupon. To his brother in law John Wallas- * ton, three thousand acres, subject to the yearly rent of one shil- 'ling. To his grandchild Anne Tufton, ten thousand acres at 'Sagadahock. To Robert Tufton, his grandson, he gave his 'manor of Mason-hall, on condition that he should take the sur- * name of Mason. He also gave to his brother Wallaslon in trust, * one thousand acres for the maintenance of " an honest, godly " and religious preacher of God's word ;" and one thousand more 'for the support of a grammar-school; each of these estates to ' be conveyed to feoffees in trust, and their successors, paying an- (1) Printed state of Allen's title. " called treasurer and paymaster of his army, his heirs and assigns, all the " aforesaid tract of land, granted to him by the council of Plymouth, by the " name of the province of New-Hampshire ; with power of trovcrnment, and as " ample jurisdiction and prerogatives as used by the bishop of Durham ; cre- " ating him and his aforesaids ahgolute lords and proprietors of the province of " New-Hampshire, with power of conferring honors, &c. On this authori- ty (I suppose) Douglass has asserted the same tiling. (1) On which Hutchin- son remarks ■' This is not probable. His heirs were certainly unacquainted " with it, or they would have made mention of it before the king in council " in 1691. "(2) The report of the Lords Chief Justices in 1677, wherein the several grants are recited, makes no mention of this : But on the contrary it is said, " As to Mr. Mason's right of gorjernment within the soil he claimed, " their lordships, and indeed his own council, agreed he had none ; the great " council of Plymouth, under whom he claimed, having no power to transfer " government to any." The Lords of Trade in a report to the king in 1753, Bay, " It is alleged that this last grant to Mason was ratified and confirmed " by the crown, by charter dated Aug. !!•, ]6."55, with full power of civil juris- " diction and government, but no such charter as this appears upon record. None of Mason's heirs ever attempted to assume government by virtue of such a charter, as the heirs of Gorges did in the province of Maine. Robert Mason was appointed counsellor by mandamus, and Samuel Allen, who pur- chased the title, was governor by commission from the crown. There is an original letter in the Recorder's files, written by George Vaughan to Ambrose Gibbons, both factors for the company of Laconia, April 10, 1636, Jong before any controversy arose on this point, which may give more light to it than any thing that has yet been published. [This letter is in the Appendix of first edition.] (1) Doug. Summary, i. 415 (2) Hist. Mass. i. 317. IG HISTORY OF NEW-HAMPSHIRE. [IG35. ' nually one penny per acre to liis heirs. The residue of liis es- ' tate in New-Hampshire he gave to his grandson Jolin Tufton, he ' taking the surname of ftlason, and to his lawful issue ; or in want ' thereof to Robert Tufton and his lawful issue ; or in want ihere- ' of to Doctor Rohert Mason, chancellor of the diocese of Win- ' Chester, and his lawful issue ; or, in want of such issue, to his 'own oilier right heirs forever; provided that it should not go out ' of the name of Mason. The residuary legatee was required to * pay five hundred pounds out of this estate to his sister Mary and ' all the grandchildren were to relinquish their right to one thou- ' sand pounds due from this estate to their father Joseph Tufton.' The estate in America was valued in the inventory at ten thou- sand pounds sterling. The Massachusetts j)lanters viewed Mason as their enemy, * because he, with Gorges, had privately encouraged some persons whom they had censured and sent home, to petition against them as disaffected to the government ; and had endeavored to get their charter set aside, to make w^ay for the scheme of a general gov- ernoi.* But though Mason and Gorges had not the same religious views with the jMassachusetts planters, yet their memory deserves re- spect. They were both heartily engaged in the setderaent of the country ; they sunk their estates in the undertaking, and reaped no profit to themselves ; yet their enterprising spirit excited em- ulation in others, who had the advantage of improving their plans and avoiding their mistakes. Gorges accounted for the ill suc- cess of his adventures in the following manner.- 1. He began when there was no hope of any thing for the present but loss ; as he had first to seek a place ; which, being found, was a wil- derness ; and so gloomy was the prospect, that he could scarce procure any to go, much less to reside in it ; and those whom he at length sent, could not subsist but on the provisions with which he supplied them. 2. He sought not barely his own profit, but the thorough discovery of the country ; wherein he went so far (1) MS. in Superior Court files. (2) Gorges' Narrative, p. 40. " Mr. Hubbard relates tlie following anecdote, without mentioning the name of the person.* " One of tlie gentlemen who was known to be one of the '• grentest adversaries to the affairs of the Massachusetts, fell sick and died. '■ In his sickness, he sent for the minister, and bewailed his enmity against ■" them : and promised if he recovered, he would be as good a friend to New- ** England, as he had been an enemy ; but his fatal hour being come, his pur- " poses of that nature were cutoff. The passage aforegoing was certified by " letters from Lord Say and others to the governor of New-England about the " year KilJo." Governor Winthrop lias the following remark in his Journal. *• 1036. The " last winter Captain Mason died. He was the chief mover, in all attempts " against us ; and was to liave s."nt the general governor ; and for this end was " providing ships. JJut the Lord, /h merry, taking liim away, all the business " fell on sleep." [Winthrop, Hist. N. E. i. 187.] * [Dr. Belknap has added in the corrected copy this note : " It appears from Winfhrop's Journal that this was Morton, p. 2()rt."] 1^35.] SETTLEMENTS. 17 (with the holp of his associates) as to open the way for others to make their gain. 3. He never went in person to oversee the people whom he employed. 4. There was no settled govern- ment to punish offenders, or mispenders of their masters' goods. Two other diings contrihuted to the disappointment in as great, if not a greater degree, than what he has assigned. The one was that instead of applying themselves chiefly to husbandry, the orig- inal source of wealth and independence in such a country as this ; lie and his associates, being merchants, were rr.ther intent on trade and fishery as their primary objects. These cannot be profitable in a new country, until the foundation is laid in the cultivation of the lands. If the lumber trade and fishery cannot now be carried on to advantage, widiout the constant aid of husbandry in their neighborhood, how could a colony of traders and fishermen make profitable returns to their employers, when the husbandry neces- sary for their support was at the distance of Virginia or England ? The other mistake which these adventurers fell into was the idea of lordship, and the granting of lands not as freeholds, but by leases subject to quit-rents. To settle a colony of tenants in a climate so far northward, where the charges of subsistence and improve- ment were much greater than the value of the lands, after the im- provements were made ; especially in the neighborhood of so re- spectable and growing a colony as that of Massachusetts, was in- deed a chimerical project ; and had not the wiser people among them sought a union with Massachusetts, in all probaJiility the settlements must have been deserted. CHAPTER II. Troubles at Dover. Settlements of Exeter and Hampton. Ruin of Mason's interest. Story of Underiiill. Combinations at PortsmoutJi and Dover. — Union of New-Hampshire with Massacluisetts. Whilst the lower plantation on the river Pascataqua lay under discouragement by the death of its principal patron, the upper settlement, though carried on with more success, had peculiar difficulties to struggle with. Two thirds of this patent belonged to some merchants of Bristol, the other third to some of Shrews- bury ; and there was an agreement that the division should be made by indifferent men. Captain Wiggin who was sent over to superintend their affairs, after about one year's residence in the country made a voyage to England, to procure more ample means for carrying on the plantation. In the mean time, those of Bristol had sold their interest to the lords Say and Brook, George Willys and William Whiting, who continued Wiggin in 18 HISTORY OF NEW-HAMPSHIRE. [1G33. the agency, and procured a considerable number of families in the west of England, some of whom were of good estates, and 1 fco " of some account for religion," to con)e over and increase the colony.^ It appears from ancient records that Wiggin had a power of granting lands to the setders ;- but, as trade was their principal object, they took up small lots, intending to build a compact town on Dover Neck, which lies between two branch- es of the river, and is a fine, dry, and healthy situation ; so high as to command all the neighboring shores, and atTord a very ex- tensive and delightful prospect. On the most inviting part of this eminence they built a meeting-house, which was afterward sur- rounded with an entrenchment and flankarts, the remains of which are still visible. Wiggin also brought over William Leveridge, a worthy and able puritan minister ; but his allowance from the ad- venturers proving too small for his support in a now country, where all the necessaries of life were scarce and dear, he was obliged to remove to the southward ; and settled at Sandwich in the colony of Plymouth.* This proved an unhappy event to the people, who, being left destitute of regular instruction, were exposed to the intrusions of artful impostors. ^-_ The first of these was one Burdet.f He had been a minister at Yarmouth in England ; but either really or pretcndedly taking offence at the extravagancies of the bishops and spiritual courts, came over to New-England, and joined with the church in Salem, who employed him for a year or two as a preacher, being a good scholar and plausible in his behaviour ; ^ But, disgusted with the strictness of their discipline, he removed ^('cyf to Dover; and continued for sometime in good esteem with the people as a preacher ; till by artful insinuations he raised such a jealousy in their minds against Wiggin their gov- (1) Hubbard's MS. Hist. (2) Dover Records. (3) Hubbard's MS. Hist. * [Rev. William Leveridge arrived at Salem in the sliip James, on the 10 October, 1033, in company with Captain Thomas Wiggin of Pascataqua. He remained at Dover less than two 3-ears, and went from thence to Boston, where he was admitted a member of the First church, !) August, 1035. He was at Sandwich in l(i40, and, it is believed as late as ]t!.')2. In 1057, he was emploj^- ed as a missionary by tlie commissioners of the United Colonies. He accom- panied the people who made the first settlements at Huntington and 03'ster- Bay, on Long-Island, who seem, says Mr. Wood, '' to have composed one com- pany, or to have arrived at nearly tire same time. He settled in Huntington, and is mentioned as the minister of that place in the earliest records of the town. He remained there until 1070, when he removed to Newtown, on the same island. Hubbard characterises him as "an able and worthy minister." Mr. Wood says, that in one of the books among the town records of Newtown, there is a commentary on a large ))art of the old testament, presumed to have been made by him. Some of liis posterity still reside at Newtown, and are among the most respectable peojde of that place. Johnson, Hist. N. E. 226. Winthrop, Hist. N. E. i. 115, 331. Hubbard, Hist. N. E. 221, 003. Wood, Hist. Sketch of the Towns on Long-Island, 3d edit. 43 — 45. Records of First Church Boston.] i [His name was George. He was admitted freeman, 2 September, 1035. — The authorities for what is said of him are. Hubbard, Hist. N. E. 221, 263, 353 —3,50, 301 , and Winthrop, Hist. N. E. i. 270, 2dl, 291, 2<)8, 320. ii. 10.] 1G3G.] SETTLEMENTS. 19 ernor, that they deprived him of his office, and elected Burdet in his place. During his residence here, he carried on a correspondence with Archbishop Laud to the disadvantage of the Massachusetts . ^^ colony, representing them as hypocritical and disaffected, and that under pretence of greater purity and discipline in matters of religion, they were aiming at independent sovereignty ; it being ac- counted perjury and treason by their general court, to speak of ap- peals to the king. The prelate thanked him for his zeal in |poq the king's service, and assured him that care should be taken to redress those disorders when leisure from their other concerns would permit. This letter of the archbishop was intercepted, and shewn to the governor of Massachusetts. Burdet's villainy was considered as the more atrocious, because he had been admitted a freeman of their corporation, and had taken the oath of fidelity. A copy of his own letter was afterward found in his closet. About this time, tlie Antinomian controversy at Boston having occasioned the banishment of the principal persons of that sect, several of them retired to this settlement, being without the juris- diction of Massachusetts. When diis was known. Governor Win- tln-op wrote to Wiggin, Burdet and others of this plantation, ' that * as there had hitherto been a good correspondence between them * it would be much resented if they should receive the exiles ; and ' intimating the intention of the general court to survey the utmost ' limits of their patent, and make use of them. '^ To this Burdet returned a scornful answer, refusing to give the governor his title. The governor thought of citing him to court to answer for his con- tempt ; but was dissuaded from it by Dudley, the deputy-govern- or, who judged it imprudent to exasperate him, lest he should avenge himself by farther accusing them to their enemies in Eng- land. The governor contented himself with sending to Hilton an account of Burdet's behaviour, inclosing a copy of his letter, and cautioning die people not to put themselves too far under his pow- er. His true character did not long remain secret ; for being de- tected in some lewd actions he made a precipitate removal to Agamenticus, now York, in die })rovince of Maine, where he also assumed to rule, and continued a course of injustice and adultery till the arrival of Thomas Gorges, their governor, in 1640, who laid a fine on him, and seized his cattle for die payment of it.* He appealed to the king, but his appeal not being admitted, he departed for England full of enmity against diese i)lantations. When he arrived, he found all in confusion ; and falling in with the royalists was taken and imprisoned by the parliamentary party, which is the last account we have of him.2 One of the exiles on account of the Antinomian controversy, (1) [Winthrop, Hist. N. E. i. '27G.] (2) [Hubbard, Hist. N. E. 3GI.] * The records of the court mention iiirn as •• a man of ill name and fame, in- famous for incontinency.' Lib. A. Sept. Sth, IGIO. 20 HISTORY OF NEW-HAMPSHIRE. [1638. was John Wheelwright, brother to the famous Anne Hutchinson. He had been a preacher at Braintrec, which was then part of Boston, and was a gentleman of learning, piety and zeal. || Hav- ing engaged to make a setdcment widiin ten years, on the lands he had purchased of the Indians at Squamscot falls, || he with a number of his adherents began a plantation there, || which ac- cording to the agreement made with Mason's agents, they called Exeter. II Having obtained a dismission from the church in Bos- ton,* they formed themselves into a church ; and judging them- selves without the jurisdiction of Massachusetts, they combined into a separate body politic,! ^^^ chose rulers and assistants, who were sworn to the due discharge of their office, and the people were as solemnly sworn to obey them. Their rulers were Isaac Grosse, Nicholas Necdham, and Thomas Wilson ; each of whom continued in office the space of a year, having two assistants. ^ The laws were made in a popular assembly and formally consent- ed to by the rulers. Treason, and rebellion against the king, (who is styled " the Lord's anointed") or the country, were made capital crimes ; and sedition was punishable by a fine of ten pounds, or otherwise, at the discretion of the court. This combi- nation subsisted three years. About the same time, a plantation was formed at Winnicumet,| which was called Hampton. The principal inducement to the making this setdement was the very extensive salt-marsh, which was extremely valuable, as the uplands were not cultivated so as to produce a sufficiency of hay for the support of cattle. With a (1) Exeter Records. * The names of tliose wlio were thus dismissed were — John Wheelwriglit, Philemon Purmot, George Baytes, Richard Morrys, Isaac Grosse, Thomas Wardell, Richard Biiigar, Christopher Marshall, William Wardell. Boston Church Records. t [Tlie persons who entered into an agreement at tliis time ' to erect and set up among themselves, such government as should he to their best discerning, agreeable to the will of God,' were the following : George Barlow, Edmund Littlefield, Thomas Pettit, Ricjiard Bulgar, Philemon Purmont, Samuel Walker, Williani Cole, Kenry Roby, James Wall, John Cram, Francis Matthews, George Walton, Thomas Crawley, Richard Morris, Thomas Wardhall, Henry Elkins, Nicholas Needham, William Wardhall, Godfrey Dearborn, George Rawbone, William Wentworth, Darby Field, Robert Read, John Wheelwright, Ralph Hall, Edward Rishworth, William Winborne, Christopher Helme Robert Seward, Thomas Wilson, Christopher Lawson, Robert Smitli, Thomas Wright. Thomas Leavitt, Augustine Storre, Descendants of several of the i)ersons here named are still found in Exeter and its ncighltorliood. The name of Storre has hci'ii variously written, as filar, Starr, iilor and Slarij, but I am assured by John Kelly, Esq., of Northwood, that his signature to the agreement alluded to, is Sturrc. The name of Wardhall is found written llardcll and Wardicdl. Rawbone may be a mistake for Rath- bune.J 1 [This name is called Winicovvett by Winthrop.J 1638.] SETTLEMENTS. 21 view to secure these meadows, the general court of Massachusetts had, in 1G36, empowered Mr. Dummer* of Newbury, witli John Spencer,f to build an house there at the expense of the colony, ^ which was to be refunded by those who should settle there. Ac- cordingly, an house was built, and commonly called the Bound- house ; though it was intended as a mark of possession rather than of limits. The architect was Nicholas Easton, who soon after removed to Rhode-Island, and built the first English house in Newport.- | This entrance being made, a petition was presented to die court by a number of persons, chiefly iVom Norfolk in England, praying for liberty to settle there, which was granted them."^ They began the settlement by laying out a township in one hundred and forty- seven shares ;'^ and having formed a church, chose Stephen Batcli- elor for their minister, with whom Timothy Dalton was soon after associated. The number of the first inhabitants was fifty-six. j| (1) Massa. Records. (2) Callender's Century Sermon, p. 73. (3) MS. of Mr. Gookin. (4) Massa. Records, Sept. 8, Id'SS. * [Ricliard Dummer was one of tlie principal men of the Massachusetts col- ony. He was born at Bishop-Stoke, Engkind, and came to N. E. in ](i32, re- sided first at Ro.xbury, from whence he soon removed to Newbur}', where he died 14 December, 1679, aged 88. He was elected an assistant in lt)3o and 1G3G, and representative in 1G40, and from 1645 to 1647.] t [John Spencer resided in Ipswich and Newbury. He was representative one year in 1635. He returned to England in 1638, and died in 1648.] t [Nicholas Easton, one of the first settlers of Ipswich, for which place he was elected a deputy to the General Court of Massachusetts in March, 1635, but did not hold his seat, after a sliort residence at Newbury, removed to Rhode-Island, where he was elected governor in 1672 and 1673. He died in 1685, aged 83.] II Some of their names are mentioned in the Court Records, viz. Stephen Batchelor, Thomas Molton, Christopher Hussey, William Estow, Mary Hussey ,widow, William Palmer, Thomas Cromwell, William Sargeant, Samuel Skullard, Richard Swayne, John Osgood, William Sanders, Samuel Greenfield, Robert Tucke, John Molton, John Cross. [Among the files of the ancient county of Norfolk, kept in the oflioe of the clerk of the court of common pleas, in Salem, is •• A Note of the Families in Hampton, the first summer Mr. Batchelor came to Hampton," wiiich will be here added. The names of baptism are generally omitted, but I have en- deavored to supply them, including them in parentiieses. Those with a || prefixed are styled Goodman ; the year added to each shows the tune of ad- mission as freemen. '• John Browne 16:^8 .' Married Men. Mr. (Christopher) Hussey 1634 ||(Philemon) Dalton 163G ll(Edmund) Johnson ||(John) Huo-o-ins II (Robert) Tucke 1630 ||(Jeofrry) Mmgay 1640 Thomas Jones 1638 Thomas Moulton 1638 ll(Robert) Saunderson l(i3!» John Moulton 16:te! ll(James) Davis l(i40 William Palmer 1638 ll(Ricliard) Swaine l(i40 ||(Thomas) Marston 1641 II (Samuel) Greenfield 163.') || (William) Estowe 1638 AbraJiam Perkins 1640 Lieut. (William) Hayward 1C40 22 HISTORY OF NEW-HAMPSHIRE. [1638. The authority of INlassachuselts having established this settle- ment, they, from the beginning, considered it as belonging to their colony. 1 Though the agent of Mason's estate made some objec- tion to their proceeding, yet no legal method being taken to con- trovert this extension of their claim, the way was prepared for one still greater, which many circumstances concurred to establish. After the deadi of Captain Mason, his widow and executrix sent over Francis Norton as her "general attorney;" to whom she committed the whole manoge^nent of the estate.^ But the expense so far exceeded the income, and the servants grew so impatient for their arrears, that she was obliged to relinquish die care of the plantation, and tell the servants Uiat they must shift for themselves ; upon which, they shared the goods and cattle. Nor- ton drove above an hundred oxen to Boston, and there sold them for twenty-five pounds sterling per head, which it is said was the current price of the best catde in New-England at that time.* These were of a large breed, imported from Denmark, from whence Mason had also procured a number of men skilled in sawing plank and making potashes. Having shared the stock and other materials, some of the people quitted the plantation ; (I) MS. Deposition in Superior Court files. ("3) Anne Mason's Letters, and MS. Depositions in Superior Court files. Isaac Perkin.s M'>42 Robert Cassell Francis Peabody IM'i ||(.John) Cross Ui3'.) Young Mm tlnit had Lots. William Sargeant William Wakefield 1G38 Arthur Clark 1G40 William Fifield T/ic second Summer. Moses Cox II (Robert) Pajre 1G42 Thomas Kincr |1 (William) Marston An'liony Taylor ||(Joseph) Austin Thomas Ward 1037- ||(.losepli) Smith Giles Fuller ll(.lohii) Philbrick (I (William) Saunders |K William) l^nojlish 1042 Daniel Mendrick || (Walter) Roper IM2 .John Wedgewood 1| ( Henry) Amiirose 1041 Tliomas Chase Widdow Parker ll(William) Fuller 1011 The names of Stephen Rntrholor. Timothy Dalton, Mary Hussey, widow, Thomas Cromwell, Samuel Sknllard and John Osgood, which are in Dr. Belknaps list, do not appear in the preceding. Cromwell and Sknllard re- sided in Newbury, and Osijood settled at Andover. where lie died in October, 1051, aged fjCJ. Most of" the first settlers of Hampton iiad previouslj- lived in other towns in the Massachusetts colony, after their emigration from England. ]n 1043, I find the following additional names at Hampton, viz. .lames Davis, \t.. Francis Swaine, William Marston. jr., Thomas Linnet, William Sanborn, Jtjhn Sanborn, Stephen Sanborn, William Huntington, A<)uila (^hase. ances- tor of the Chase families in New-Hampshire, Richard Knight and Edward Tucke.] * ["Norton did not return to New-Hampshire, but took up his residence at Charleslown, and being, as .lohnsnn s.iys in llisl. N. E.. I'.t'i, " a man of a bold and cheerful spirit, well disciplined, and an able man," was admitted freeman of the colony in 104*2; chosen a member of the Ancient and Honor- able Artillery Company in 1(>43, and captain of the Charlestown train band. He was elected a deputy to the Cleneral Court eleven vears, viz. in 1(>47, UI5(), 1052— lUGl, excepting 10.")() and 1057. He died 27 July, 1007.] 1038.] SETTLEMENTS. 23 Others of them tarried, keeping iiossession of the ])iiil(hn2;s and improvements, which they claimed as their own ; the houses at Newichwannock were burned ; and thus Mason's estate was ru- ined. These events happened between 1G38 and 1G44. Among the Antinomians who were banished from Boston, and took refuge in these plantations, was Captain John Underbill, in whose story will appear some very strong characteristics of the spirit of these limes.* He had been a sohher in the Netherlands, and was brought over to New-England by Governor Wintiu-oj), to train the people in military discipline. He served the country in the Pequod war, and was in such reputation in the town of Bos- ton, tll^t they had chosen him one of their deputies.- Deeply tinctiu'ed with Antinomian principles, and possessed of an high degree of enthusiasm, he made a capital figure in the controversy ; being one of the subscribers to a petition in which the court was censured, with an indecent severity, for their proceedings against Wheelwright. For this ofFence, he was disfranchised. He then made a voyage to England ; and upon his return petition- Nov. 15, ed the court for three hundred acres of land which had 1^37. been promised him for his former services, intending to remove after Wheelwright. In his petition, he acknowledged his offence in condemning the court, and declared " that the Lord had brought " him to a sense of his sin in that respect, so that he had been in " great trouble on account thereof." On this occasion, the court thought proper to question him concerning an offensive expression, which he had uttered on board the ship in which he came from England, " that the government at Boston were as zealous as die " scribes and Pharisees, and as Paul before his conversion." He denied the charge, and it was proved to his face }ty a woman who was passenger with him, and whom he had endeavored to seduce to his opinions. He was also questioned for what he had said to her concerning the manner of his receiving assurance, which was " diat having long lain under a spirit of bondage, he could get no " assurance ; till at length as he was taking a pipe of tobacco, " the spirit set home upon him an absolute promise of free grace, " with such assurance and joy that he had never since doubted of " his good estate, neidier should he, whatever sins he might fall " into." This he would neither own nor deny ; but objected to the sufficiency of a single testimony. The court committed him for abusing them with a pretended retraction, and the next day passed the sentence of banishment upon him. Being allowed tiie liberty of attending public worship, his enthusiastic zeal broke out in a speech in which he endeavored to prove " that as the Lord " was pleased to convert Saul while he was persecuting, so he " might manifest himself to him while making a moderate use of " the good creature tobacco ; professing widial diat he knew not " wherein he had deserved the censure of the court." The el- (1) Hubbard's MS. Hist. (2) Princes Annals, MS. 24 HIRTOIIY OF .NEW-HAMrSHlRE. [1G38. (lers reproved liiin for this inconsiderate speech ; and Mr. Cotton told him, " that though God often laid a man under a spirit of " bondage vvliilc walking in sin, as was the case with Paul, yet " he never sent a spirit of comfort but in an ordinance, as he did " to Paul by the ministry of Ananias ; and therefore exhorted him " to examine carefully the revelation and joy to which he preten- " ded." The same week he was privately dealt with on suspicion of adultery, which he disregarded; and therefore on the next sabbath was (piestioned for it belbre the church ; but the evidence not being sufficient to convict him, the church could only admon- ish him. These proceedings, civil and ecclesiastical, being finished, he removed out of their jurisdiction ; and after a while came to Do- ver, where he procured the j)lace of governor in the room of Bur- det. Governor Winthrop hearing of this, wrote to Hilton and others of this plantation, informing them of his character. Un- derbill intercepted the letter, and returned a bitter answer to Mr. Cotton ; and wrote another letter full of reproaches against the governor to a gendeman of his family, whilst he addressed the governor himself in a fawning, obsequious strain, begging an ob- literation of former miscarriages, and a bearing with human in- firmities. These letters were all sent back to Hilton ; but too late to prevent his advancement. Being settled in his government, he procured a church to be gathered at Dover, who chose Hanserd Knollys for their minister. He had come over from England the year before ; but being an Anabaptist of the Antinomian cast, was not well received in Mas- sachusetts, and came here while Burdet was in office, who forbade his preaching ; but Underbill, agreeing better with him, prevailed to have him chosen their minister. To ingratiate himself with his new patron, Knollys wrote in his favor to the church in Boston ; styling him " tlie right worshipful, their honored governor." Not- withstanding which, they cited him again to appear before them ; the court granting him safe conduct. At the same time, com- plaint WMS made to the chief inhabitants on the river, of the breach of friendship in advancing Underbill after his rejection ; and a copy of KnoUys's letter was returned, wherein he had written that " Underbill was an instrument of God for their ruin," and it was inquired whether that letter was written by the desire or consent of the people.* The principal persons of Portsmouth and Dover disclaimed his miscarriages, and expressed their readiness to call him to account when a proper information should be presented ; but begged that no force might be sent against him. By his in- stigation, Knollys had also written to his friends in England, a calumnious letter against the Massachusetts planters, representing them as more arbitrary than die high-commission court, and that there was no real religion in the country. A copy of this letter (1) [Winthrop, i. Hist. N. E. 281, 292.] jf^39.] SETTLEMENTS. 25 being sent from England to Governor Winlhrop, Knollys was so ashamed at the discovery, that obtaining a license, he went to Bos- ton ; and at the public lecture before the governor, magistrates, ministers and the congregation, made confession of his fault, and wrote a retraction to his friends in England, which he left with the governor to be sent to them.* Underbill was so affected with his friend's humiliation, and the disaffection of the people of Pascataqua to him, that he resolved to retrieve his character in the same way. Having obtained safe conduct, he went to Boston, and in the same public manner ac- knowledged his adultery, his disrespect to the government and the justice of their proceedings against him. But his confession was mixed with so many excuses and extenuations that it gave no satisfaction ; and die evidence of his scandalous deportment being now undeniable, the church passed the sentence of excommuni- cation, to which he seemed to submit, and appeared much dejec- ted whilst he remained there. Upon his return, to please some disaffected persons at the mouth of the river, he sent thirteen armed men to Exeter to rescue out of the officer's hand one Fish, who had been taken into custody for speaking against the king. The people of Dover forbade his coming into their court till they had considered his crimes and he promised to resign his place if they should disapprove of his con- duct ; but hearing that they were determined to remove him, he i-ushed into court in a passion, took his seat, ordered one of the magistrates to prison, for saying that he would not sit with an adulterer, and refused to receive his dismission, when they voted it. But they proceeded to choose another governor, Roberts, and sent back the prisoner to Exeter. A new scene of difliculty now arose. Thomas Lark- . ^ . .^ ham, a native of Lyme, in Dorsetshire, and formerly a min- ister at Northam near Barnstable, who had come over to New-Eng- land, and not favoring the doctrine, nor willing to submit to the dis- cipline of the churches in Massachusetts, came to Dover ; and be- ing a preacher of good talents, eclipsed Knollys, and raised a party who determined to remove him. He therefore gave way to pop- ular prejudice, and suffered Larkham to take his place ; who soon discovered his licentious principles by receiving into the church persons of immoral characters, and assuming, like Burdet, the civil as well as ecclesiastical authority. The better sort of the people were displeased and restored Knollys to his oflice, who excom- municated Larkham. This bred a riot, in which Larkham laid hands on Knollys, taking away his hat on pretence that he had not paid for it ; but he was civil enough afterward to return it. Some of the magistrates joined with Larkham, and forming a court, summoned Underbill, who was of Knollys's party, to appear before them, and answer to a new crime which diey had to allege (1) [Winlhrop, Hist. N. E. i. 306, 326.] 6 26 HISTORY OF NEW-HAMPSHIRE. [1640, against him. Underbill collected his adherents : Knollys was armed with a pistol, and another had a bible mounted on an hal- bert for an ensign. In this ridiculous parade, they marched against Larkham and his party, who prudently declined a combat, and sent down the river to Williams, the governor, at Portsmouth, for assistance. He came up in a boat with an armed partv, beset Knollys's house, where Underbill was, guarded it night and day till a court was summoned, and then, Williams sitting as judge, Underbill and his company were found guilty of a riot, and after being fined, were banished the plantation. The new crime which Larkham's party alleged against Underbill was, that he had been secretly endeavoring to persuade the inhabitants to offer them- selves to the government of Massachusetts, whose favor he was desirous to purchase, by these means, as he knew that their view was to extend their jurisdiction as far as they imagined their limits reached, whenever they should find a favorable opportunity.' The same policy led him with his party to send a petition to Boston, praying for the interposition of the government in their case. In consequence of which, the governor and assistants commissioned Simon Bradstreet, Esq., with the famous Hugh Peters, then min- ister of Salem, and Timothy Dalton, of Hampton, to inquire into the matter, and effect a reconciliation, or certify the state of things to them. These gentlemen travelled on foot to Dover, and find- ing both sides in fault, brought the matter to this issue, that the one party revoked the excommunication, and the other the fines and banishment. In the heat of these disputes, a discovery was made of Knollys's failure in point of chastity. He acknowledged his crime before the church ; but they dismissed him and he returned to England, where he suffered by the severity of the long parliament in 1 644 ; and being forbidden to preach in the churches, opened a separate meeting in Great St. Helen's, from which he was soon dislodged, and his followers dispersed.- He also suffered in the cause of non-conformity in the reign of King Charles the second, and at length (as it is said) died " a good man in a good old age," Sep- tember 19, 1691, JEt. ninety-three.3 Underbill having finished his career in these parts, obtained leave to return to Boston, and finding honesty to be the best poli- cy, did in a large assembly, at the public lecture, and during the sitting of the court, make a full confession of his adultery and hy- pocrisy, his pride and contempt of authority, justifying the church and court in all that they had done against him, declaring that his pretended assurance had failed him, and that the terror of his mind had at some times been so great, that he had drawn his sword to put an end to his life. The church being now satisfied, restored him to their communion.* The court, after waiting six (1) [Winthrop, Hist. N. E. ii. 27,28.] (2) Neal's Hist. Puritans. 4to. vol. ii. p. 118. (:}) Neal's Hist. N.E. vol. i. p. 216. Mather's Magnal. lib. 8. p. 7. (4) Prince's Annals. 1^40.1 SETTLEMENTS. 27 months for evidence of his good behaviour, took off his sentence of banishment, and released him from the punishment of his adul- tery : the law which made it capital having been enacted after the crime was committed, could not touch his life. Some offers being made him by the Dutch at Hudson's river, whose language was familiar to him, the church of Boston hired a vessel to trans- port him and his family thither, furnishing them with all necessa- ries for the voyage.^ The Dutch governor gave him the com- mand of a company of an hundred and twenty men, and he was very serviceable in the wars which that colony had with the Indians, having, it is said, killed otie hundred and fifty on Long-Island, and three hundred on the Main. He continued in their service till his death.* We find in this relation a striking instance of that species of false religion, which, having its seat in the imagination, instead of making the heart better and reforming the life, inflames the pas- sions, stupifies reason, and produces the wildest effects in the be- haviour. The excesses of enthusiasm have often been observed to lead to sensual gratifications ; the same natural fervor being sufficient to produce both. It cannot be strange that they who decry morality, should indulge such gross and scandalous enormi- ties as are sufficient to invalidate all those evidences of their re- ligious character on which they lay so much stress. But it is not so surprising that men should be thus misled, as that such frantic zealots should ever be reduced to an acknowledgment of their of- fences ; which, in this instance, may be ascribed to the strict dis- cipline then practised in the churches of New-England. (1) Hubbard's MS. Hist. [p. 3G5 printed copy.] * [Mr. Wood says he settled at Stamford in Connecticut, and was a dele- gate from that town to the court of New-Haven in 1()4:^, and was appointed an assistant justice there. In the war between the Dutch and Indians from 1t)43 to IG4(3, he had a principal command. After this war, which was ter- minated by a great battle at Strickland].s plain, and in which the Dutch with difliculty obtained the victory, he settled at Flushing, on Long-Island. He had soineagenc}' in detecting and exposing the intrigues of the Dutch treas- urer in 1G.53. In 1G65, he was a delegate from the town of Oyster-Bay to the Assembly, liolden at Hempstead by Governor Nicolls, and was appointed by him, under-sheriff of the north riding of Yorkshire or Queen's count)-. In 1GG7, the Matinecoc Indians gave him ] 50 acres of land, which has remained in the family ever since, and is now in possession of one of his descendants that bears his name. It is supposed that Captain Underbill died at Oyster- Bay in the year 1G7"2. See Wood's Sketch of the First Settlement of the sev- eral Towns on Long-Island, 3d edit. 1828, 7(). The author of this work in a letter to me, dated at Huntington, L. I., 5 November, 1827, says, "the de- scendants of Captain Underbill are numerous and very respectable. His el- dest son John was a magistrate and a man of influence and very serviceable. The most of his posterity have changed the warlike habiliments of their an- cestor for the Quaker habit. One of his female descendants, who resides within six miles of Huntington, is clerk ofa meetingin tiiat neighborhood, an office of considerable importance among the F'riends. She is regarded a.s a woman of superior talents and acquirements." The name of Underbill still exists in New-Hampshire. Wliether those bearing it are descendants of Capt. John Underbill, 1 have not ascertained. There was a Giles Underbill in New-Hampshire in 1GG8, who is mentioned in the N. H. Republican of 29 January, 1823, printed at Dover.] 28 HISTORY OF NEW-HAMPSHIRE. [1(340. The people of Dover and Portsmouth during all this time had no power of government delegated from the crown ; but finding the necessity of some more determinate form than they had yet enjoyed, combined themselves each into a body politic after the example of their neighbors at Exeter. The inhabitants of Dover, o t 02 ^y ^ written instrument, signed by 41 persons, agreed to submit to die laws of England, and such others as should be enacted by a majority of their number, until the royal pleasure should be known.* The date of the combination at Portsmouth is uncertain, their first book of records having been destroyed in 1652, after copying out what they then thought proper to pre- serve.^ Williams, who had been sent over by the adventurers, was by annual suffrage continued governor of the place, and with him were associated Ambrose Gibbons and Thomas Warnerton* in quality of assistants. During this combination, a grant of fifty -. q_ acres of land for a glebe was made by the governor and ^^^- inhabitantsf to Thomas WalfordJ and Henry Sher- (1) Hubbard, MS. Hist. (2) Portsmouth Records. * Warnerton had been a soldier. Upon the division of Mason's stock and goods lie carried his share to Penobscot, or some part of Nova-Scotia, where he was killed in a fray with the French inhabitants. Hi44. (Hubbard.) — rWinthrop, Hist. N. E. ii. 1/8, gives the circumstances of his death, and Mr. Savaire has added a valuable note pp. 177, 178, which serves more fully to develope the character of Warnerton, or Waniierton as spelled l)y Winthrop.] i This grant is subscribed by Francis Williams, Governor, John Landen, 1 Ambrose Gibbons, Assistant, Henry Taler, William Jones, John Jones, Renald Fernald, William Berry, John Crowther, John Pickerin, Anthony Bracket. John Billing, Michael Chattertun, John Wotten, John Wall, Nicholas Row, Robert Pudington, Matthew Coe, Henry Sherburne, William Palmer. Portsmouth Records. (1) [Adams, Annals of Portsmouth, 395, has this name Lander. The name of Wotten above, he reads Wolten.] t [Thomas Walford was among the earliest emigrants to the Massachusetts colony. He was found at Charlestown in 1(i2H, by those who went from Sa- lem, III the summer of lliat year, to settle that place. He occupied an " En- glish thatched house pallisadoed," and was employed as a smith by trade. He removed to Pascataqua within a few years, where he appears to have acquired a considerable estate for those days, as his property at the time of his death, in ir)r)7, was inventoried at £]4'Xi .] fi. He possessed some influence, and served in several offices of responsibility. Jane Walford, supposed to be his wife, fell under the censure of dealing in witchcraft, and a prosecution [prob- ably the first, and perbajis the only one of the kind in New-Hain])shire,] was instituted against her, in 1(;'>7. which Mr. Adams supposes was dropped, as twelve years afterwards, she brought against her prosecutor an action of slan- der, and obtained a verdict of five pounds, and costs of court. Mr. Walford probably left descendants as the iiajue continued many years in the eastern parts of the state. From this early artisan of New-England, a mechanic's News Room,Iaf#ly established at Charlestown, Massachusetts, has received the name of-' Walford ball.' See llidibard. Hist. N. E. '>20.— Hutch. Hist. Mass. i. 17.— 2 Coll. Mass. Hist. Soc. ii. IC.:!— Coll. of N. H. Hist. Soc. i. 25r> -'257. — Savage, Notes in Winthrop. i. il,"):}. — Adams, Annals of Portsmouth, 5>(i, 38, :w, 40, :Jiir).] IG40.] SETTLEMENTS. 29 burnc,* cliurcli-wardcns, and their successors forever, ns feoflecs in trust ;^ by virtue of which grant tlie same land is still held, and being let on long leases, a considerable part of the town of 1 Ports- mouth is built upon it. At this time, they had a parsonage house and chapel, and had chosen Richard Gibson for their parson, the patronage being vested in the ))arishoners. Gibson was sent from England as minister to a fishing plantation belonging to one Tre- lavvney. He was "wholly addicted to the hierarchy and disci- " pline of England, and exercised his ministerial function" ac- cording to the ritual.2 He was summoned before the court at Boston for " scandalizing the government there, and denying " their title ;" but upon his submission, they discharged him without fine or punishment, being a stranger and about to depai't the country. After his departure, the people of Portsmouth had James Parkerf for their minister,*^ who was a scholar, and had been a deputy in the Massachusetts court. After him, they had (1) Portsmouth Records. (2) Gov.Winthrop's Journal, MS. [Vol. ii. p. 66, Mr. Savage's edition.] (:^) Portsmouth Records. * [Henry Sherburne, it appears from a deposition found among the old colony files of Massachusetts, was born about the year 1612. lie tlierefore, if the same who is mentioned in the text, must iiave come to New-England before he was 20 years of age. He was the deputy of Portsmouth to the Gen- eral Court of Massachusetts in KiGO, and was living in ](J(J5. and probably at a later period. The Sherburne family in New-Ham])shire has been a distin- guished one from tJie earliest settlement of the state. Capt. Samuel Sher- burne, of Portsmouth, a worthy officer who was killed by the Indians at Mac- cjuoit, is named in this history, sub anno 1()91. Samuel Sherburne, who graduated at Harvard College in 171f), was a merchant of Portsmouth. Hen- ry Sherburne was appointed a mandamus counsellor in 1728, and died 29 De- cember, 1757. aged H:1 Henry Sherburne, born in 1710, graduated at Harvard College in 1726 ; was engaged in mercantile business ; was elected rt-i)resen- tative of Portsmouth twenty-one years in succession, from .January, 174.') ; was speaker of the House of Representatives from 1755 to ]7(!(), when he was ap- pointed counsellor by mandamus. In 1705, he received the appointment of Justice of the Superior Court of Common Pleas for tiie province. He died 30 March, 17()7, in the 5r-'th year of his age. (Adams, in Annals of Portsmouth, 220, 221, gives an account of his character.) Joseph Sherburne was appointed a counsellor of the jirovince in 173:?, sworn into office, 1 January, 1734. and died 3 December, 1744, aged (i4. John Sherburne, the fourth counsellor of the name, received his appointment the year before the revolution commen- ced, and served only one year. He died 10 March, 17f)7, in his 77th year. John Samuel Sherburne, Judge of the U. S. District Court for the New- Hampshire District, is of this family.] t Governor Winthrop gives this account of him and his ministry. (1642. 10 mo:) '• Those of the lower part of Pascataquack invited Mr. .fames Par- '• kerof Weymouth, a godly man [and a scholar] to be their minister. He^ " by advising with divers of the magistrates and elders, accepted the call, anti " went and taught among them, this winter, and it pleased God to give gre.it " success to his labors, so as above forty of them, whereof the most had beert " very profane, and some of them professed enemies to the way of our church- •' es, wrote to the magistrates and elders, acknowledging the sinful course " they had lived in, and bewailing tlie same, and blessiuir God for calling them " out of it. and earnestly desiring that Mr. Parker migiit be settled amongst " them. Most of them fell back again in time, embracing this present " world." 1 He afterward removed to Barbadoes and there settled, (vide Hutchinson's Collection of paper.s, p. 1,55 and 222.) Hutchinson supposes him to have been minister of Newbury, mistakinir him for Thomas Parker. (1) MS. Journal. [Vol. ii. p. 03 of Mr. Savage's edition.] 30 HISTORY OF NEW-HAMPSHIRE. [1640. one l^rowno ; and Samuel Dudley,* a son of Deputy Governor Dudley ; but these were only temporary preaciiers, and they did not obtam the regular settlement of a minister for many years. Four distinct governments (including one at Kittery on the north side of the river) were now formed on the several branches of Pascataqua. These combinations being only voluntary agree- ments, liable to be broken or subdivided on the first popular dis- content, there could be no safety iji the continuance of them. The distractions in England at this time had cut off all hope of the royal attention, and the people of the several settlements were too much divided in their opinions to form any general plan of government which could afford a prospect of permanent utility. The more considerate persons among them, therefore thought it best to treat with Massachusetts about taking them under their protection. That government was glad of an opportunity to re- alize the construction which they had put upon the clause of their charter wherein their northern limits are defined. For a line drawn from east to west, at the distance of " three miles to the " northward of Merrimack river and of any and every part there- " of," will take in the whole province of New-Hampshire, and the greater part of the province of Maine, so that both Mason's and Gorges's patents must have been vacated. * They had already in- timated their intention to run this east and west line, and presum- ing on the justice of their claim, they readily entered into a nego- tiation with the principal settlers of Pascataqua respecting their incorporation with them. The affair was more than a year IG41. ill agitation, and was at length concluded by an instrument ^^' ' subscribed in the presence of the general court, by George Willys, Robert Saltonstall, William Whiting, Edward Holyoke, and Thomas ]V[akepeacc, in behalf of themselves and the other partners of the two patents ; by which instruments, they resigned the jurisdiction of the whole to Massachusetts, on condition that the inhabitants should enjoy the same liberties w-ith their own peo- ple, and have a court of justice erected among them. The prop- erly of the whole patent of Portsmouth, and of one third part of that of Dover, and of all the improved lands therein, was reserved to the lords and gentlemen proprietors, and their heirs forever. The court on their part consented diat the inhabitants of these towns should enjoy the same privileges with the rest of the colony, and have the same administration of justice as in the courts of Salem and Tpswich ; that they should be exempted from all public charges, except what should arise among themselves, or for their own peculiar benefit ; that they should enjoy their former liber- ties of fishing, planting and selling timber ; that they should send (1) Massa. Records. * Dudley settled at Exeter in 1<;.">0, and died there in 1083, aged 77. " He was a person of good capacity and learning."' Fitch's MS. 1^41.1 SETTLEMENTS. 31 two deputies to the general court ; and that the same persons who were authorized by their combinations to govern them, should continue in office till the commissioners named in this order should arrive at Pascataqua. These connnissioners were invested with the power of the quarter courts of Salem and Ipswich, and, at their arrival, they constituted Francis Williams, Tliomas Warner- ton and Ambrose Gibbons of Portsmouth, Edward Hilton, Thom- as Wiggin and William Waldron of Dover, magistrates, who were confirmed by the general court.* By a subsequent order, a very extraordinary concession was made to these towns, which shows the fondness that government had of retaining them under their jurisdiction. ^ "'*^' A test had been established by law, but it was dispensed ^^ ' with in their favor ; their freemen were allowed to vote in town affairs, and their deputies to sit in the general court though they were not church-members. ^ The people of Dover being left destitute of a minister by the sudden departure of Larkham, who took this method to avoid the shame which would have attended the discovery of a crime simi- lar to that for which Knollys had been dismissed, wrote to Massa- chusetts for help. The court took care to send them Daniel Maud, who had been a minister in England. f He was an hon- est man, and of a quiet and peaceable disposition, qualities much wanting in all his predecessors.- Larkham returned to England, where he continued to exercise his ministry till ejected by the act of uniformity in 1662, from Tavistock in Devon. He is said to have been " well known there for a man of great piety and sin- "cerity," and died in 1669, M. 69.3 j (1) Hubbard's MS. [Winthrop, Hist. N. E. ii. 02. Savage, Winthrop, ii. 92.] (2) Math. Mag. (3) Calamy's account of ejected ministers, p. 24.] ^ [Hubbard says, " on Sept. 24, 1C41, the inhabitants on the south side of Pascataqua, both at Dover and Strawberry-Bank (since Portsmouth) were de- clared to belong to the Massachusetts jurisdiction, and in pursuance thereof, a committee was chosen to order matters accordingly." Hist. N. E. 372.] t [Daniel Maud came to New-England as early as 1635, in which year, on the 25 October, he was admitted freeman by the Massachusetts colony. He was employed while at Boston as a schoolmaster. He was the minister of Dover about thirteen years, and died in 1655.] t [1G42. The visit of Darby Field to the White Mountains should be placed under this year. The season of the year, when this visit was made is deter- mined by the following note, among the chronological items in tiie Rev. Sam- uel Danforth's almanac for 1647. "1642. (4) [i. e. .June] The first discovery of the great mountaine (called the Christall Hills) to the NW.by Darby Field." The expedition was deemed so important and atttended with so much labor and fatigue, that it may be proper to give Gov. Winthrop's account of it entire. " One Darby Field, an Irishman, living about Pascataquack, being accom- panied with two Indians, went to the top of the White hill. He made his, journey in 18 days. His relation at his return was, that it was about one hun- dred miles from Saco ; that after 40 miles travel, he did, for the most part as- cend, and witliin 12 miles of the top, was neither tree nor grass, but low sav- ins, which they went upon the top of sometimes, but a continual ascent upon rocks, on a ridge between two valleys filled with snow, out of which came 32 HISTORY OF NEVV-IIAMPSHIRE. [1G42. The inhnhitnnts of Exrter had hitherto continued dieir combi- nation ; bnt finding themselves comprehended within the claim of Massachusetts, and being weary of their ineflicacious mode of government they petitioned the court, and were readily admitted under their jurisdiction. William VVenborne, Robert Smith, and Thomas Wardhall were appointed their mag- istrates; and they were annexed to the county of Essex. ^ Upon this. Wheelwright who was still under sentence of banishment, with those of his church who were resolved to adhere to him, re- moved into the province of IMaine, and settled at Wells, where his posterity yet remain. He was soon after restored, upon a slight acknowledgment, to the freedom of the colony, and removed to Hampton, of which church he was minister for many years ; un- til he went to England where he was in favor with Cromwell. But, after the restoration, he returned and settled at Salisbury, where he died in IGS0.~ * (1) Mass. Records. (2) Hubbard's MS. [pp. 351, 305-3G8 of the printed copy.] two branches of Saco river, which met at the foot of the hill, where was an In- dian town of some 200 people. Some of them accompanied him within 8 miles of the top, but durst go no further, telling him that no Indian ever dar- ed to go higher, and that he would die if he went. So tliey staid there till his return, and his two Indians took courage by his example and went with him. They went divers times through the thick clouds for a good space, and within 4 miles of the top they had no clouds, but very cold. JJy the way, amono- the rocks, there were two ponds, one a blackisli water, the other reddish. — The top of all was plain about (iO feet square. On the north side there was such a precipice, as they could scarce discern to tlie bottom. They had nei- ther cloud nor wind on the top, and moderate heat. All the country about him seemed a level, excepting liere and there a hill rising above the rest, but far beneath them. lie saw to the north a great water which he judged to be about too miles broad, but could see no land be3'ond it. The sea by Saco seemed as if it had been within 20 miles. He saw also a sea to the eastward, which he judged to be the gulpli of Canada : he saw some great waters in parts to the westward, which he judged to be tlie great lake which Canada river comes out of. He found there much muscovy glass. They could rive out pieces of 40 feet long, and 7 or 8 broad.'' Winthrop, Hist. N. E. ii. ()7, (>P. Field again visited the mountains about a month afterwards, in company with five or six persons. At this time, tliey brought away some stones which they supposed were diamonds, but which proved to be crystal. It is to be regret- ted that the other " relation, vwrr, true and cract," to which Gov. Winthrop refers as subsequent, is not to be found in his History. There have been ma- ny accounts of the White Mountains published in the periodicals of the day, the most satisfactory of which may he found in the N. E. Journal of Medicine and Surgery, for January, iHKi, vol. v. 321 — 338, and in Farmer and Moore's Collections for April, 1823, vol. ii. 97— 107.] * [Rev. John Wheelwright died 15 November, 1070, at an advanced age, and probably between 80 and 00 j'ears, as he is said to have been at the Uni- versity with Oliver Cromwell, who, when Wheelwright, while in England, waited upon him after he became Protector, declared to the gentlemen then about him, " that he could remember the time when he had been more afraid of meeting Wheelwright at foot-ball, than of meeting any army since in the field, for he was infallibly sure ofhc'ingtriptvp by him " (Mather, in Appx. to iii. vol. Belknap, 225.) Mr. Wheelwright came from Lincolnshire to New- England in lf)3fi. Soon after his arrival, he preached a sermon at Boston, which, being considered by the magistrates as " tending to sedition," occa- sioned his banishment from the colony in November, 1637. Mr. Savage who has seen the sermon, says, in Winthrop, i. 215, •• that it was not such as 1544.1 SETTLEMENTS. 33 After his departure from Exeter, an attempt was made by the remainins; inhabitants to form tbemselves into a chnrch, ,p,,^ and call the aged Stephen Batchelor to the ministry, who had been dismissed from Hampton for his irregular conduct. But the general court here interposed and sent them a solemn ,, prohibition, importing " that their divisions were such that "tliey could not comfortably, and with approbation, proceed in so *' weigJity and sacred affiiirs," and therefore directing them " to "defer gathering a church, or any other such proceeding, till tiiey *' or the court at Ipswich, upon further satisfaction of th<,'ir recon- *'■ ciliation and fitness, should give allowance therefor,"^ * (1) Massa. Records. as can justify the court in their sentence for sedition and contempt, nor pre- vent tlie present age from regarding that proceeding as an example and a ivaruingof tiie usual tyranny of ecclesiastical factions.'' There is a copy of the sermon in MS. in tlie library of the Massachusetts Historical Society. — The following exhortation from it is copied by Mr. Savage. " Thirdly, let us have a care, that we do show ourselves holy in all manner of good conver- sation, botli in private and public ; and, in all our carriage.s and cojiversations, let us have a care to endeavor to be holy as the Lord is ; let us not give occa- sion to those that are coming on, or manifestly opposite to the wavs of o-race, to suspect the way of grace ; let us carry ourselves, that they may be ashamed to blame us ; let us deal uprightly with those with whom we have occasion to deal, and have a care to guide our families and to perform duties that belono- to us ; and let us have a care that we give not occasion to say, we are liber tines or antinoniians." Mr. Wheelwright, on iiis banishment, came to New-Hampshire and settled Exeter as has been stated in the text, having obtained from several Indian Sagamores, by purchase, a tract of territory thil-ty miles square — " lying with- in three miles on the nortliern side of Merrimack river, extending thirty miles nloqg by the river from the sea side, and from the said river to Pascataqua pa- tent, thirty miles up into the countrv north west, and so from the falls of Pascataqua to Oyster River, thirty miles square every way." From Exeter he went to Wells, in Maine, wheje he remained, some time, but beino- releas- ed from his sentence of banishment, he went to Hampton in 1647, where he ap- pears to have remained until 1(J54, and perhaps later. He was in England in 1().58, but returned to this country after the restoration, and succeedl-d Rev. William Worcester at Salisbury. His will, made 25 of May. 1(17!), names hi^^ son Samuel, who lived at Wells, his son-in-law Edward Rishwortli, his grand- children Edward Lyde, Mary White, Mary Maverick, William, Thomas and Jacob Bratlbury, to whom he gave his estate in Lincolnshire, in England, and his lands and tenements and personal property in New-Enoland. Two of his daughters were living when Mather wrote the letter in Appx. to iii. vol- ume of Belknap, already cited.] * [After this, the town of Exeter did not settle a minister until 1050. The town records show the contract to have been made ^vitll Rev. Samuel Dudley on the 13 of May, that year. He then, in consideration of the stipulated sal- ary, &c. '• agreed to come and inhabit at Exeter, to be a minister of God's word to the people there, until such time as God should be pleased to make way for the gathering of a church, and then he is to be ordained Pastor and Teacher according to the ordinance of God— and was not to leave till death or some more than ordinary call of (Jod otherways." MS. Note communica- ted by Hon. Jeremiah Smith. LL. D. Rev. Samuel Dudley was born in IGOfi, and probably came to New-Eng- land with liis father in 1630. He resided a short time at Cambridge, then at Boston, and removed to Salisbury as early as 1641, and represented" that town in the General Court, at the March and May sessions in 1G44. His first wife, who was Mary, daughter of Gov. Winthrop, died at Salisbury, 12 April, iGid. He afterwards married a second and third wife, by all of whom he had as many as fifteen children. His eldest son, Thomas, graduated at Harvard 7 34 HISTORY OF NEW-HAMPSPIIRE. [1644. Such a stretch of power, which would now be looked upon as an infringement of christian liberty, was agreeable to the princi- ples of the first fathers of New-England, who thought that civil government was established for the defence and security of the church against error both doctrinal and moral. In this sentiment they were not singular, it being universally adopted by the re- formers, in that and the preceding age, as one of the fundamental principles of their separation from the Romish church, and neces- sary to curtail the claims of her Pontiff, who assumed a suprem- acy over " the kings of the earth."* CHAPTER III. Observations on the principles and conduct of the first planters of New-Eng-- land. Causes of their removal. Their fortitude. Religious sentiments. — Careof their posterity. Justice. Laws. Theocratic prejudices. Intoler- ance and persecutions. A UNION having been formed between the settlements on Pas- cataqua and the colony of Massachusetts, their history for the succeeding forty years is in a great measure the same. It is not my intention to write the transactions of the whole colony during that period; but, as many of the people in New-Hampshire had the same principles, views and interests with the other people of New-England, I shall make some observations thereon, and in- tersperse such historical facts as may illustrate the subject. In the preceding century the holy scriptures, which had long lain hid in the rubbish of monastic libraries, were brought to public view by the happy invention of printing ; aud as darkness vanish- es before the rising sun, so the light of divine truth began to dis- sipate those errors and superstitions in which Europe had long College in 1G51, and died 7 November, 1655, aged 21. Several of his sons were active useful men, and their descendants have been numerous in this state.] * [Under this year, 1644, Governor Winthrop (Hist. N. E. ii. 177) speaks of " the contentions in Hampton as grown to a great height." "The whole town was divided into two factions, one with Mr. Batchellor their late pastor, and the other with Mr. Dalton their teacher, both men very passionate, and wanting discretion and moderation. Their differences were not in matters of opinion but of practice. Mr. Dalton's party being the most of the church, and so freemen, had great advantage of the other, though a considerable par- ty, and some of them of the church also, wiiereby they carried all affairs both in church and town according to their own minds, and not with that respect to their brethren and neighbors which had been fit. Divers meetings had been both of magistrates and elders, and parties had been reconciled, but brake out presently again, each side being apt to take fire upon any provoca- tion. Whereupon Mr. Batchellor was advised to remove, and was called to Exeter." It was then that the General Court of Massachusetts interposed aa related in the text.] PRINCIPLES OF THE PURITANS. 35 been involved. At the same time, a remarkable concurrence of circumstances gave peculiar advantage to the bold attempt of Luther, to rouse Germany from her inglorious subjection to the Roman Pontiff, and effectuate a reformation, which soon spread into the neighboring countries. But so intimately were the po- litical interests of kingdoms and states blended with religious prejudices, that the work, though Iiappily begun, was greatly blemished and impeded. Henry the Vlllth of England took advantage of this amazing revolution in the minds of men, to throw off the papal yoke, and assert his native claim to independence. But so dazzling was the idea of power, and the example of the first christian princes, who had exercised a superintendency in spirituals, as well as tem- porals, that he transferred to himself that spiritual power which had been usurped and exercised by the bishops of Rome, and set up himself as supreme head on earth of the church of England ; commanding both clergy and laity in his dominions to swear al- legiance to him in this newly assumed character. This claim was kept up by his son and successor Edward the Sixth, in whose reign the reformation gained much ground ; and a service-book was published by royal authority as the standard of worship and discipline for his subjects. This excellent prince was taken out of the world in his youth ; and his sister jMary, who then came to die throne, restored the supremacy of the pope, and raised such fiery persecution against the reformers, that many of them fled into Germany and the Netherlands ; where they de- parted from that uniformity which had been established in Eng- land, and became divided in their sentiments and practice respect- ing ecclesiastical affairs : the native effect of that just liberty of con- science which they enjoyed abroad, pursuing their own inquiries according to their respective measures of light ; uninfluenced by secular power, or the hope of acquiring dignities in a national es- tablishment. The accession of Elizabedi inspired them with new hopes ; and they returned home, resolving to attempt the reformation of the church of England, agreeably to the respective opinions which they had embraced in their exile. But they soon found that the queen, who had been educated in the same manner with her brother Edward, was fond of the establishment made in his reign, and was strongly prejudiced in favor of pomp and ceremony in religious worship. She asserted her supremacy in the most absolute terms, and erected an high-commission court with juris- diction in ecclesiastical affairs. Uniformity being rigorously en- joined, and no abatement or allowance made for tender conscien- ces, (though it was conceded that the ceremonies were indiffer- ent) a separation from the establishment took place. Those whc were desirous of a farther reformation from the Romish supersti- tions, and of a more pure and perfect form of religion were de- 36 HISTORY OF NEW-HAMPSHIRE. noininaled Puritans; whose princij)lcs, as distinguished from those oi' the other reformers wlio were in favor with the queen, are thus represented.^ " The queen and court-reformers held, 1. That every prince had the sole authority to correct all abuses of doctrine and wor- ship within his own territories. 2. That the church of Rome was a true church, though corrupt in some points of doctrine and government; that all her ministrations were valid, and that the pope was a true Bishop of Rome though not of the universal church. 3. That the scriptures were a perfect rule of faith, but not a standard of discipline ; and that it was left to the discretion of the christian magistrate, to accommodate the government of the church to the policy of the state. 4. That tlie practice of the primitive church for the first four or five centuries was a j)roper standard of church government and discipline ; and in some respects better than that of the Apostles, which was only accommodated to the infant state of the church, while it was un- der persecution ; whereas the other was suited to the grandeur of a national establishment. 5. That things indiflerent in their own nature, as rites, ceremonies, and habits, might be settled, determined and made necessary by the command of the civ'?l magistrate, and that in such cases, it was the duty of the subject to observe theiri." " On the other hand, the Puritans, 1. Disowned all foreign jurisdiction over the church, but could not admit of that exten- sive power which the crown claimed by the supremacy. How- ever, they took the oath, with the queen's explication, as only restoring her majesty to the ancient and natural rights of sovereign ])rinces over their subjects. 2. They held the pope to be anti- christ, the church of Rome a false church, and all her ministra- tions superstitious and idolatrous. 3. That the scriptures were a standard of disci|)line as well as doctrine, and if there was need of a discretionary power, it was vested not in the magisti'ate, but in the officers of the church. 4. That the form of government ordained by the Apostles was aristocratical, and designed as a pattern to the church in after ages, not to be departed from in its main princi|iles. 5. That those things which Christ had left indifFcrent ought not to be made necessary ; and that such rites and ceremonies as had been abused to idolatry and superstition, and had a manifest tendency to lead men back thereto, were no longer indifferent but unlawful." " Both parties agreed too well in asserting the necessity of uniformity in public worship, and of using the sword of the mag- istrate for the support and defence of their respective principles ; which they made an ill use of in their turns, whenever they could grasp it in their hands. The standard of uniformit}- according to the bishops, was the queen's supremacy and the laws of the land ; (1) Neal's Hist. Puritans, vol. i. p. Oo, [)3j 4to. FIRST SETTLERS OF iNEW ENGLAND. 37 according to the Puritans, the decrees of national und provincial synods, allowed and enforced by the civil magistrate. Neither party \k'ere for admitting that liberty of conscience and freedom of profession which is every man's right, as far as is consistent with the peace of civil government. Upon this fatal rock of tiniformity, was the peace of the church of England split." it is melancholy to observe what mischiefs were caused by the want of a just distinction between civil and ecclesiastical power, and by that absurd zeal for uniformity, which kept the nation in a long ferment, and at length burst out into a blaze, the fury of which was never thoroughly quelled till the happy genius of the revolution gave birth to a free and equitable toleraiion, whereby every n)an was restored to the natural right of judging and acting for himself in matters of religion. All the celebrated wisdom of Elizabeth's government could not devise an expedient so success- ful. Though her reign was long and prosperous, yet it was much stained with oppression and cruelty toward many of her best sub- jects ; who, wearied with ineffectual applications, waited the ac- cession of James, from whom they expected more hvov, because he had been educated in the presbyterian church of Scotland, and professed an high veneration for that establishment. But they soon found that he had changed his religious principles with his climate, and that nothing was to be expected from a prince of so base a character, but insult and contempt. In the beginning of his reign, a great number of the Puritans removed into Holland, where they formed churches upon their own principles. But not relishing the manners of the Dutch, after twelve years, they projected a removal to America, and laid the foundation of the colony of Plymouth. The spirit of uniformity still prevailing in England, and being carried to the greatest extent in the reign of Charles the First, by that furious bigot Archbishop Laud ; many of the less scrupulous, but con- scientious members of the church of England, who had hitherto remained in her communion, seeing no prospect of rest or liberty ill their native country, followed their brethren to America, and established the colony of Massachusetts, from which proceeded that of Connecticut. By such men, influenced by such motives, were the principal settlements in New-England effected. The fortitude and perse- verance which they exhibited therein will always render their memory dear to their posterity. To prepare for their enteiprise, they had to sell their estates, some of which were large and val- uable, and turn them into materials for a new plantation, with the nature of which they had no acquaintance, and of which they could derive no knowledge from the experience of others. After traversing a wide ocean, they found themselves in a country full of woods, to subdue which required immense labor and patience ; at a vast distance from any civilized people ; in the ncigl)borliood of none but ignorant and barbarous savages ; and in a climate, 38 HISTORY OF NEW-HAMrSHIRE. where a winter much more severe than they had been accustom- ed to, reigns for a third part ofliic year. Their stock of provis- ions falling short, dioy had the dreadful apprehension of |)erishing by famine, one half of their number dying before the first year was completed ; die ocean on one side separated them from Uieir friends, and the wilderness on die other, presented nothing but scenes of horror, which it was impossible for them to conceive of before they endured them. But under all these difllculties, they maintained a steady and pious resolution ; depending on the providence of the supreme ruler, and never repenting the business on which they had come into this wilderness. As purity in divine administrations was the professed object of their undertaking, so they immediately set themselves to form churches, on what diey judged the gospel plan. To be out of the reach of prelatic tyranny, and at full liberty to pursue their own inquiries, and worship God according to their consciences, (which had been denied them in their own country) was esteemed die greatest of blessings, and sweetened every hit- ler cup which they were obliged to drink. They always profes- sed that their principal design was to erect churches on the prim- itive model, and that the consideration of temporal interest and conveniency had but the second place in their views.* In the doctrinal points of religion, they were of the same mind widi their brethren of the church of England, as expressed in their articles. The Massachusetts planters left behind them, when they sailed, a respectful declaration importing that diey did not consider the church of England as anti-christian, but only withdrew from the imposition of unscrijitural terms of commu- nion. ^ Some of the Plymouth planters had embraced the narrow jirinciples of the Brownists, the first who sejiarated from the •cluircli of England ; but by die improvements which they made in religious knowledge under the instruction of the renowned John Robinson, their pastor in Holland, they were in a great measure cured of that sour leaven. The Congregational system of church government was the result of die studies of Uiat truly pious, Icarn- •ed, humble and benevolent divine, vviio seems to have had more of the genuine sjiirit of die reformation, and of freedom from big- otry, than any others in his day. His farewell charge to those of ids flock who were embarking in Holland for America, deserves to be had in perpetual remembrance.- " Brethren, (said he) " we are now quickly to part from one another, and whether I (1) Hutch. Hist. vol. i.p. 487. (2) Neal's Hist. N. E. vol. i. p. 84. * " Tt coiicerneth New-Enivlaiid always to remember, that they are orig- -" inally a plantation reliirioiis, not a plantation of trade. The profession of " the purity of doctrine, worsliip and discipline is written upon her forehead. " Let merchants, and sucli a.s arc increasing cent, percent, remember this, '• that worldly fi;ain was not the. end and design of the people of New-Eng- '■ land but religion. And if any man among us make religion as twelve, and '• the world as thirteen, such niione hath not the spirit of a true New-Eng- *• land man." Higgiusou'a Election Sermon, 10(33. FIRST SETTLERS OF NEW-ENGLAND. ^Q " may ever live to see your face on earlli any more, the God of " heaven only knows ; 'but whcllu'r llie Lord liutli npjiointed that " or no, I charge you before God and his blessed angels that you " foUovv me no further than you have seen me follow the Lord " Jesus Christ. If God reveal any thing to you by any other « instrument of his, be as ready to receive it, as ever you were " to receive any truth by my ministry ; for I am verily persuaded, " 1 am very conlident, the Lord has more truth yet to break forth " out of his holy word. For my part, I cannot sufHciently bc- " wail the condition of the reformed churches, who are come to " a period in religion, and will go at present no farther than the " instruments of their reformation. The Lutherans cannot bo " drawn to go beyond what Luther saw ; whatever part of his •' will our good God has revealed to Calvin, they will rather die " than embrace it. And the Calvinists you see stick fast where " they were left by that great man of God, who yet saw not all " things. This is a mis'ery much to be lamented ; for though " they were burning and shining lights in their times, yet they " penetrated not into the whole counsel of God ; but where they «' now living, would be as willing to embrace farther light, as that " which they at first received. I beseech you to remember it as " an article of your church covenant, that you be ready to re- " ceive whatever truth shall be made hioum to you from the urit- " ten tvord of God. Remember that, and every otiior article of " your sacred covenant. But I must herewithal exhort you to " take heed what you receive as truth. Examine, consider and " compare it with other scriptures of truth, before you receive it ; " for it is not possible the christian world should come so lately " out of such thick antichristian darkness, and that perfection of " knowledge should break forth at once." It is much to be regretted that this excellent man did not live to come to New-Iilngland, and to diffuse more generally such truly catholic and apostolic principles. Many of the first planters of New-England were persons of good education, and some of them eminent for their abilities and learning. Such men could not but see the necessity of securing to their posterity the advantages which they had so dearly pur- chased. One of their first concerns was to have their children considered, from their earliest years, as subjects of ecclesiastical discipline. This became a matter of controversy, and w^as largely discussed in sermons and pamphlets, and at length determined by the authority of a synod. A regular course of academical learning was a point of equal importance, and admitted of no dis- pute. They saw that die reputation and happiness of the whole country depended greatly upon it. They therefore took early care for the establishment of schools, and within ten years from their first settlement, founded a college at Cambridge,* which, * " When New-England was poor, and we were but few in number, there " was a spirit to encourage learning, and the college was full of students." — » Result of a Synod in 167lt. 40 HISTORY OF NEW-HAMPSHIRE. from small beginnings, by the munificence of its patrons, has made a distinguished figure in the repubhc of letters. Many cminent men have there been formed for the service of the church and state ; and without this advantage, the country could not have arrived, in so short a time, at its present respectable state ; nor have been furnished with men capable of filling the various stations of usefulness, and of defending our civil and religious liberties. Though the first planters derived from the royal grants and charters a political right as subjects of the crown of England, to this territory ; yet they did not think themselves justly entitled to the property of it, till they had fairly purchased it ol its native lords, and made them full satisfaction.* Nor did they content themselves with merely living peaceably among them, but exert- ed themselves vigorously in endeavoring their conversion to Christianity, which was one of the obligations of their patent, and one of the professed designs of their setdement in this country. This painful work was remarkably succeeded, and the names of Eliot and Mayhew will ahvays be remembered as unwearied instruments in promoting it. Great care was taken by the gov- ernment to prevent fraud and injustice toward the Indians in trade, or violence to their persons. The nearest of the natives were so sensible of the justice of their English neighbors, that they lived in a state of peace with them, with but little interruption, for above fifty years. Slavery was thought so inconsistent with the natural rights of mankind, and detrimental to society, that an express law was made prohibiting the buying or selling of slaves, except those taken in lawful war, or reduced to servitude for their crimes by a judicial sentence ; and these were to have the same privileges as were allowed by the laws of Moses. There was a remarkable instance of justice in the execution of this law in 1645, when a negro who had been fraudulently brought from the coast of Africa, and sold in the country, was, by the special interposition of the general court, taken from his master in order to be sent home to his native land.f How long after this the importation of blacks * The Abbe Raynal in his elegant History of the East and West Indies, speaks of the purchase made of tiie Indians by William Penn in 1081, as " an example of moderation and justice in America, which was never thought " of before, by the Europeans." It can be no derogation from the honor due to the wise founder of Pennslyvania that the example of this moderation and justice was first set by the planters of New-England, whose deeds of convey- ance from the Indians were earlier than his by half a century. In some parts of the country the lauds purchased oi'tlie Indians are subject to quit-rent, which is annually paid to their posterity. They have lands re- served to their use, which are not allowed to be purchased of them without the consent of the legislature. t " 14. 3d mo. 1G45. The court thought proper to write to Mr. Williams " of Pascataqua, (understanding that the negroes which Capt. Smyth brought " were fraudently and injuriously taken and brought from CJuinea, by Capt. " Smytli's confession and the rest of the company) that he forthwith send the FIRST SETTLERS OF NEW-ENGLAND. 41 continued to be disallowed, is uncertain ; but if tbc same resolute justice bad always been observed, it would have been much lor the credit and interest of the country ; and our own struggles lor liberty would not have carried so flagrant an appearance of in- consistency. Severe laws conformable to the principles of the laws of Moses were enacted against all kinds of immorality. Blasphemy, idol- atry, adultery, unnatural lusts, rape, murder, man-stealing, false witness, rebellion against parents, and conspiracy against the com- monwealth, were made capital crimes ; and because some doubt- ed whether the magistrate could punish breaches of the four first commands of the decalogue, this right was asserted in the highest tone, and the denial of it ranked among the most pestilent here- sies, and punished with banishment. By the severity and im- partiality with which diose laws were executed, intemperance and profaneness were so effectually discountenanced that Hugh Peters, who had resided in the country twenty years,* declared before the parliament, that he had not seen a drunken man, nor heard a profane oath during that period. The report of this extraordinary strictness, while it invited many of the best men in England to come over, kept them clear of those wretches who fly from one country to another to escape the punishment of their crimes. The professed design of the plantation being die advancement of religion, and men of the strictest morals being appointed to the chief places of gov^ernment, their zeal for purity of every kind carried them into some refinements in their laws which are not generally supposed to come within the sphere of magistracy., and in larger communities could scarcely be attended to in a judicial way. The drinking of healths, and the use of tobacco were forbidden, the former being considered as an heathenish and idolatrous practice, grounded on the ancient libations ; the other as a species of intoxication and waste of time. Laws were insti- tuted to regulate the intercourse between the sexes, and the ad- vances toward matrimony : they had a ceremony of betrothing, which preceded that of marriage. Pride and levity of behaviour came under the cognizance of the magistrate. Not only the richness but the mode of dress, and cut of the hair were subject to state-regulations. Women were forbidden to expose their arms or bosoms to view ; it was ordered that their sleeves should reach down to their wrist, and their gowns be closed round the " negro which he had of Capt. Smytli hither, that lie may be sent home, " which this court doth resolve to send back witiiout delay. And if you Jiave " any thing to allege, why you sliould not return him to be disposed of by " the court, it will be expected you should forthwith make it appear either by " yourself or your agent." Massachusetts Records. * [The length of time above stated which the Rev. Hugh Peters passed in this country may have been a typographical error, lie was here not quite si.\ years, having arrived on the (J October, 1(J35, and sailed for England, .i August, 1G41.] 42 HISTORY OF NEW-HAMPSHIRE. neck. Men were oblic;cd to cut siioit their hair, that they niighJ not resemble women. No person not worth two hundred pounds was allowed to wear gold or silver lace, or silk hoods and scari's. Offences against these laws were presentable by the grand jury j and those who dressed above their rank were to be assessed ac- cordingly. Sumptuary laws might be of use in the beginning of a new plantation ; but diese pious rulers had more in view than the political good. They were not only concerned for the exter- nal appearance of sobriety and good order, but thought themselves obliged, as far as they were able, to promote real religion and enforce die observance of the divine precepts. As they were fond of imagining a near resemblance between the circumstances of their settlement in this country and the re- demption of Israel from Egypt or Babylon ; it is not strange that they should look upon their " commonwealth as an institution of " God for the preservation of their churches, and the civil rulers " as both members and fathers of them."^ The famous John Cotton, the first minister of Boston, was the chief promoter of this sentiment. When he arrived in 1633, he found the people divided in their opinions. Some had been admitted to the privi- leges of freemen at the first general court, wlio were not in com- munion whh the churches. After this, an order was passed, that none but members of the churches should be admitted freemen ; whereby all other persons were excluded from every office or privilege civil or military. This great man by his eloquence confirmed those who had embraced this opinion, and earnestly pleaded " that the government might be considered as a theocracy, " wherein the Lord was judge, lawgiver and king ; that the laws " which he gave Israel might be adopted, so far as they were of " moral and perpetual equity ; that the people might be consid- " ered as God's people In covenant with him ; that none but per- " sons of approved piety and eminent gifts should be chosen " rulers ; that the ministers should be consulted in all matters of " religion ; and that the magistrate should have a superintending " and coercive power over the churches."- * At the desire of (1) Increase Mather's Life, p. 57. (2) Mather's Magnalia, lib. 8, p. 20. * [There is a very scarce work which was published in ]r)G3, at Cambridge, by Samuel Green and Marmaduke Johnson, entitled " A Discourse about Civil Government in anew Plantation whose Designe is Religion, Written many years since. By that Reverend and Worthy Minister of the Gospel, John Cotton, B. D. and now published by some Undertakers of a new Plan- tation, for General Direction and Information." The object of it seems to be, " to prove the e.\|)ediency and necessity of entrusting free Burgesses which are members of churches gathered amongst them according to Christ with the power of choosing among themselves, magistrates, and men to whom the managing of all public civil artairs of importance is to be committed — and to vindicate the same from an imp\itation of an under-power upon the churches of Christ which hath been cast u])on it through a mistake ol'the true state of the question." The work seems to lie addressed to a brother in the ministr}', who had affirmed, that " the limiting of the right and power of choosing civil officers unto free burgesses that are members of churches, brought that tyran- FIRST SETTLERS OF NEW-ENGLAND. 43 the court, he compiled a system of laws founded chiefly on tlie laws of Moses, which was considered by the legislative body as the general standard ; though they never formally adopted it, and in some instances varied from it.^ These principles were fundamentally the same with those, on which were grounded all the persecutions which they had endured in England, and naturally led to the same extremes of conduct which they had so bitterly complained of in those civil and eccle- siastical rulers, from whose tyranny they had fled into this wilder- ness. They had already proceeded a step farther than the hierarchy had ever attempted. JVo icsi-latv had as yet taken place in England ; but they had at one blow cut of all but those of their own communion, from the privileges of civil offices, how- ever otherwise qualified. They thought that as they had suffered so much in laying the foundation of a new state, which was sup- posed to be " a model of the glorious kingdom of Christ on earth,"* they had an exclusive right to all the honors and privileges of it ; and having the power in their hands, tiiey effectually established their pretensions, and made all dissenters and disturbers feel the weight of their indignation. In consequence of the union thus formed between the church and state on the plan of the Jewish theocracy, the ministers were called to sit in council, and give their advice in matters of religion and cases of conscience which came before the court, and with- out them they never proceeded to any act of an ecclesiastical nature. As none were allowed to vote in the election of rulers (1) Hutch. Coll. Papers, p. ICL ny intotlie Romish Church, which all the churches of Christ complain of." In reply to this, the author saj's, '• it would well have become you to have better digested your own thoughts, before such words had passed through your lips ; for you will never be able to produce any good author that will con- firm what you say. Tlie truth is quite contrary; for that I may instance in Rome itself: Had Churches been rightly managed when the most consider- able part of that citj' embraced the Christian faith, in the ceasing of the Ten Pcrsccutin7is. that only such as had been fit for that estate, had been admitted in church-fellowship, and they alone had had power, out of themselves to have chosen magistrates, such magistrates would not have been chosen, as would have given their power to the Pope ; nor would those churches have suffered their pastors to become worldly princes and rulers, as the Pope and his Cardinals are ; nor would they have given up the power of the Church from the Church into the officers hands, but would have called upon them to fulfil their mimstrtj which they had received of the Lord ; and if need were, would by the power of Christ have compelled them so to do : and then where Jiad the Pope's supremacy been, which is made up of the spoils of the ecclesi- astical nnd civil state .' but had by the course which now we plead for, been prevented.'"] * " I look upon this as a little model of the glorious kingdom of Christ on " earth. Christ reigns among us in the commonwealth as well as in the " Church, and hath his glorious interest involved in the good of both societies " respectively. He that shall be treacherous and false to the civil government, " is guilty of high treason against the Lord Jesus Christ, and will be proceed- " ed against as a rebel and traitor (o the King of kings, when he shall hold his " great assizes at tlie end of the world." President Oakes's Election Ser- mon, 1G73. 44 HISTORY OF NEW-HAMPSHIRE. but freemen, and freemen must be church members ; and as none could be admitted into the church but by the elders, who first examined, and then propounded them to the brethren for their vote, the clergy acquired hereby a vast ascendency over both rulers and people, and had in efl'ect the keys of the state as well as the church in their hands. The magistrates, on the other hand, regulated the gulhering of churches, interposed in the set- tlemeni and dismission of ministers, arbitrated in ecclesiastical controversies and controled synodical assemblies. This coercive power in the magistrate was deemed absolutely necessary to pre- serve " the order of the gospel." The principle on which this power is grounded is expressed hi the Cambridge Platform in terms as soft as possible. ^ "The " power and authority of magistrates is not for the restraining of " churches, or any other good works, but for the helping in, and " furthering thereof, and therefore the consent and countenance " of magistrates when it may he had, is not to be slighted or " lightly esteemed ; but, on the contrary, it is a part of the honor " due to christian magistrates to desire and crave their consent " and approbation therein : which being obtained, the churches " may then proceed in their way with much more encouragement " and comfort." This article (like divers others in that work) is curiously and artfully drawn up, so that there is an appearance of liberty and tenderness, but none in reality : for although the mag- istrate was not to restrain any good works, yet he was to be the judge of the good or evil of the works to be restrained ; and what security could churches have that they should not be restrained in the performance of what they judged to be good works ^ They might indeed think themselves safe, whilst their rulers were so zealous for the purity of the churches of which themselves were members, and whilst their ministers were consulted in all ecclesi- astical affixirs ; but if the civil powers had acted without such consultation, or if the ministers had been induced to yield to the opinion of the magistrates, when contrary to the interest of the churches, what then would have become of religious liberty .'* The idea of liberty in matters of religion was in that day strange- ly understood, and mysteriously expressed. The venerable Hig- ginson, of Salem, in his sermon on the day of the election, 1GG3, speaks thus : " The gospel of Christ hath a right paramount to " all rights in the world ; it hath a divine and supreme right to be " received in every nation, and tiie knee of niagistj'acy is to bow " at the name of Jesus. This right carries liberty along widi it, " for all such as profess the gospel, to walk according to the faith " and order of the gospel. That which is contrary to the gospel " hath no right, and therefore should have no liberty." Here the question arises, who is to be the judge of what is agreeable or contrary to the gospel.'* If the magistrate, then there is only (1) Chap. 17. Sec. 3. FIRST SETTLERS OF NEW-ENGLAND. 45;^ a liberty to believe and practice what the magistrate thinks right. A similar sentiment occurs in the sermon of the learned President Oakes on the same occasion, in 1673: "The outcry of some " is for liberty of conscience. This is the great Diana of the " libertines of this age. But remember that as long as you have " liberty to walk in the faith and order of the gospel, and may " lead quiet and peaceable lives in all godliness and honesty, you " have as much liberty of conscience as Paul desired under any " government." Here the question recurs, would Paul have sub- mitted to walk according to the opinion which the magistrate might entertain of the faith and order of the gospel .'' But this was all the freedom allowed by the spirit of these times. Liberty of conscience and toleration were offensive terms, and they who used them were supposed to be the enemies of religion and gov- ernment. " I look upon toleration (says the same author) as the " first born of all abominations ; if it should be born and brought " forth among us, you may call it Gad, and give the same reason " that Leah did for the name of her son, Behold a troop cometh, " a troop of all manner of abominations." In another of these election sermons,* (which may generally be accounted the echo of the public voice, or the political pulse by which the popular opinion may be felt) it is shrewdly intimated that toleration had its origin from the devil, and the speech of the demoniac who cried out, " what have we to do with thee, let us alone, thou " Jesus of Nazareth," is styled " Satan's plea for toleration." The following admonition to posterity, written by the Deputy- Governor Dudley, is another specimen. " Let men of God in courts and churches watch " O'er such as do a toleration hatch ; " Lest that ill egg bring forth a cockatrice, " To poison all with heresy and vice. " If men be left and otherwise combine, " My epitaph's, / di/d no libertine."2* The champion of these sentiments was Cotton, who though eminently meek, placid and charitable, yet was strongly tinctured with the prevailing opinion, that the magistrate had a coercive power against heretics. The banishment of Roger Williams, minister of Salem, occasioned a vehement controversy on this point. Williams having written in favor of liberty of conscience, and styled the opposite principle " the bloody tenet ;" was an- swered by Cotton, who published a treatise, in 1G47, with this strange title, " The bloody tenet washed, and made white in the " blood of the Lamb." In this work, he labors to prove the law- fulness of the magistrate's using the civil sword to extirpate her- etics, from the commands given to the Jews to put to death blas- (l) Shepard's Election Sermon, 1672. (2) Morton's Memorial, p. 179. [257 of Judge Davis's edition.] * [These verses, says Morton, were found in his pocket after his death.] 4G HISTORY OF NEW-HAMPSHIRE. pheincrs and idolaters. To the objection, that persecution serves to make men hypocrites, he says, " better tolerate hypocrites, and " tares than briars and thorns. In such cases, the civil sword " doth not so much attend the conversion of seducers, as the pre- " venting the seduction of honest minds by their means." He allows indeed, that " the magistrate ought not to draw the sword *' against seducers till he have used all good means for their con- " viction : but if after their continuance in obstinate rebellion " against the light, he shall still walk toward them in soft and gentle " commiseration, his softness and gentleness is excessive large to " foxes and wolves ; but his bowels are miserably straitened and " hardened against the poor sheep and lambs of Christ. Nor is it *' frustrating the end of Christ's coming, which was to save souls, " but a direct advancing it, to destroy, if need be, the bodies of " those wolves, who seek to destroy the souls of those for whom " Christ died." In pursuing his argument, he refines so far as to deny that any man is to be persecuted on account of conscience " till being convinced in his conscience of his wickedness, he do " stand out therein, not only against the truth, but against the light " of his own conscience, that so it may appear he is not persecuted " for cause of conscience, but punished for sinning against his " own conscience." To which he adds, " sometimes it may be " an aggravation of sin both in judgment and practice that a man " committeth it in conscience." After having said, that " it was toleration which made the world anti-chrislian," he concludes his book widi this singular ejaculation, " the Lord keep us from being " bewitched with the whore's cup, lest while we seem to reject " her with open face of profession, we bring her in by a back " door of toleration ; and so come to drink deeply of the cup of " the Lord's wrath, and be filled with her plagues." But the strangest language that ever was used on this, or per- haps on any other subject, is to be found in a book printed in 1645 by the humorous Ward of Ipswich, entitled, " The Simple Cob- ler of Aggawam." " My heart (says he) haUi naturally detested " four things ; the standing of the Apocrypha in the bible : for- " eigners dwelling in my country, to crowd out native subjects in- " to the corners of the earth : alchymized coins : toleration of " divers religions or of one religion in segregant shapes. He that " willingly assents to the last, if he examines his heart by day- " light, his conscience will tell him, he is either an atheist, or an " heretic, or an hypocrite, or at best a captive to some lust. Poly- " piety is the greatest impiety in the world. To authorize an un- " truth by toleration of the state, is to build a sconce against the " walls of heaven, to batter God out of his chair. Persecution of " true religion and toleration of false are the Jannes and Jambres " to the kingdom of Christ, whereof the last is by far the worst. " He that is willing to tolerate any unsound opinion, that his " own may be tolerated though never so sound, will for a need, FIRST SETTLERS OF NEW-ENGLAND. 47 " hang God's bible at the devil's girdle. It is said that men ought " to have liberty of conscience and that it is persecution to debar " them of it : I can rather stand amazed than to reply to this ; it " is an astonishment that the brains of men should be parboiled in " such impious ignorance." From these specimens, (of which the reader will think he has had enough) it is easy to see how deeply the principle of intoler- ancy was rooted in the minds of our forefathers. Had it stood only in their books as a subject of speculation, it might have been excused, considering the prejudices of the times ; but it was drawn out into fatal practice, and caused severe persecutions which can- not be justified consistently with Christianity or true policy. — Whatever may be said in favor of their proceedings against the Antinomians, whose principles had such an efiect on the minds of the people as materially affected the foundations of government, in the infancy of the plantation ; yet the Anabaptists and Quakers were so inconsiderable for numbers, and the colony was then so well established that no danger could have been rationally appre- hended to the commonwealth from them. Rhode-Island vi^as set- tled by some of the Antinomian exiles on a plan of entire religious liberty ; men of every denomination being equally protected and countenanced, and enjoying the honors and offices of government. ^ The Anabaptists, fined and banished, flocked to that new settle- ment, and many of the Quakers also took refuge there ; so that Rhode-Island was in those days looked upon as the drain or sink of New-England ; and it has been said that " if any man had lost " his religion, he might find it there, among such a general mus- " ter of opinionists." Notwithstanding this invective, it is much to the honor of that government that there never was an instance of persecution for conscience sake countenanced by them. — Rhode-Island and Pennsylvania afford a strong proof that tolera- tion conduces greatly to the settlement and increase of an infant plantation. The Quakers at first were banished ; but this proving insufii- cient, a succession of sanguinary laws were enacted against them, of which imprisonment, whipping, cutting off the ears, boring the tongue with an hot iron, and banishment on pain of death, were the terrible sanctions. In consequence of these laws, four persons were put to death at Boston, bearing their punishment with pa- tience and fortitude ; solemnly protesting that their return Irom banishment was by divine direction, to warn the magistrates of their errors, and inlreat them to repeal their cruel laws ; denounc- ing the judgments of God upon them ; and foretelling that if they should put them to death, others would rise up in their room to fill their hands with work.* ^ After the execution of the fourth per- (1) Callenders Century Sermon, 17:18. (2)Se\vers History of tlie Qua- kers. * The following passages extracted from William Leddra's letter to his i(8 HISTORY OF NEW-HAMPSHIRE. son, an 'Order from King Charles the second, procured hy their friends in England, put a stop to capital executions.* Impartiality will not suffer a veil to be drawn over these dis- graceful transactions. The utmost that has been pleaded in favor of them, cannot excuse them in the eye of reason and justice. The Quakers, it is said, were heretics ; their principles appeared • to be subversive of the gospel, and derogatory from the honor of ■ the Redeemer. Argument and scripture were in this case the proper weapons to combat them with; and if these had failed of success they must have been left to the judgment of an omniscient and merciful God. They were complained of as disturbers of friends, written tlie day before his execution, Marcli 15, 1 0(10, shew an ele- gance of sentiment and expression, not common in their writings. " Most dear and inwardly beloved, " The sweet influence of the morning star, like a flood, distilling into my ■*' innocent habitation hath so filled me with the joy of tlie Lord in the beauty " of holiness, that my spirit is as if it did not inhabit a tabernacle of clay, but ■" is wholly swallowed up in the bosom ofeternity from whence it had its being." " Alas, alas ! what can the wrath and spirit of man that lusteth to envy, ag- " gravated by the heat and strength of the king of the locusts which came out " of the pit, do unto one that is hid in the secret places of the Almighty ? or *' to them that are gathered under the healing wings of the Prince of Peace ? " O my beloved, I have waited as the dove at the window of the ark, and have " stood still in that watch, which the master did at his coming reward with the " fulness of his love; wherein my heart did rejoice that I might speak a few " words to you, sealed with the spirit of promise. As the flowing of the " ocean doth fill every creek and branch thereof, and then retires again toward " its own being and fulness and leaves a savour behind it ; so doth the life " and virtue of God flow into every one of your hearts, whom he hath made " partakers of his divine nature ; aed when it withdraws but a little, it leaves " a sweet savour behind it, that many can say they are made clean through " the word that he has spoken to them. Therefore, my dear hearts, let the " enjoyment of the life alone be your hope, your joy and your consolation. " Stand in the watch within, in tlie fear of the Lord which is the entrance of ^' wisdom. Confess him before men, yea before his greatest enemies. Fear " not what they can do to you : Greater is he that is in you than he that is ■" in the world, for he will clothe you with humility and in the power of his -" meekness you shall reign over all the rage of your enemies." Sewel's Hist. .Quakers, p. ^74. * [Tlie Mandamus of King Charles is dated at Whitehall, tlie Dtli day of ■September, Kifil , and is directed " To our trusty and well-beloved John Eu- v) Sewel's History Quakers. (3) Mass. Records. (4) Sewel, b. G, p. ^72. (5) Ibid. p. 199. 50 HISTORY OF NEW-HAMPSHIRE. tliesc, especially, nhon they professed that they were obliged to go tiie greatest lengths in maintaining those tenets which they judged sacred, and J'ollowing the dictates of that spirit which they thought divine ? Was not tiie mere " holding the point of the sword" to them, realiy inviting them to " rush on it," and seal their testimony with their blood ? and was not this the most likely way to strengthen and increase their party ? Such punishment for ollbnccs which proceeded from a misguided zeal, increased and inflamed by opposition, will never rellect any honor on the policy or moderation of the government ; and can be accounted for only by the strong predilection for coercive power in religion, retained by most or all of the reformed churches ; a prejudice which time and experience were necessary to remove.* * From the following authorities, it will appear that the jrovernnient of New- England, however severe and unjustifiable in their jiroceedings against the Quakers, went no fartijer than the most eminent reformers ; particularly tlm Bohemians, the Lutiierans, the celebrated Calvin and the martyr Cranmer. In tlie war which the Emperor Sigismond excited against the Bohemian reformers, who had tlie famous Zisca for their general ; " The acts of barbarity wliich were conunitted on both sides were shocking and terrible beyond ex- ])ression. For nolM'ithstanding the irreconcileable opposition between the re- ligious sentiments of the contending parties, they botli agreed in this one hor- rible point, that it was innocent and lawful to persecute and extirpate with fire and sword, the enemies of the true religion, and such they reciprocally ap])eared to be in eacli others eyes." Mosheim's Eccl. Hist. vol. 3. p. 201. " It were indeed ardently to be wished, that the Lutherans had treated with more mildness and charity those who differed from them in religious opinions. But they had unhappily imbibed a spirit of persecution in their early education. This was too jnuch the spirit of the times, and it was even a leading maxim with our ancestors (this author was a Lutheran) that it was both lawful and expedient to use severity and force against those whom they looked upon as heretics. Tliis maxim was i}crivcil from Rome ; and even those who separated from tliat church did not find it easy to throw off all of a sudden that desj)otic and nncjiaritable spirit, that had so long been the main spring of its government and the general characteristic of its members. Nay in their narrow view of things, their very piety seemed to suppress the gen- erous movements of fraternal love and forbearance, and the more they felt themselves animated with a zeal for the divine glory, the more difficult did they find it to renounce that ancient and favorite maxim, that whoever is found to be an enemy to God, ought also to be declared an enemy to liis country.'' Mosheiin, vol. 4, j)age 4H7. *• Michael Servetus, a Spanish physician, published seven books in which he attacked the sentiments adopted by far the greatest part of the cliristian church, in relation to the divine nature and a trinity of persons in the God- head. Few innovaters have set out with a better prospect of success : But all his views were totally disappointed by the vigilance and severity of Cal- vin, who, when Servetus was ])assing through Switzerland, caused him to be apprehended at Geneva in the year 1553, and had an accusation of blasphemy brought against him before the council. Servetus adhering resolutely to the opinions he had embraced, was declared an obstinate heretic and condemned to the flames." JNIosheim, vol. 4. page 171. Dr. Macclaine in liis note on this passage, says, '•' It was a remaining por- tion oi the spirit of popery in the breast of Calvin that kindled his unchristian zeal against the wretched Servetus, whose death will be an indelible re- proach upon the character of tliat great and emiru-nt, reformer." In the reign of Edward the Sixth of England, anno, 154!), "A woman " called Joan Bocher, or Joan of Kent, was accused of heretical pravity. Her *• doctrine was, " that Christ was not truly incarnate of the virgin, whose '• flesli being the outward man was sinfully begotten and born in sin ; and FIRST SETTLERS OF NEW-ENGLAND. 51 The mistakes on which their conduct was grounded cannot be detected in a more masterly manner, than by transcribin<;; the sentiments of Doctor Increase IMadier, who hved in those times, and was a strong advocate for the coercive power of the magis- trate in matters of religion ; but afterward changed his opinion on this point. " He became sensible that the example of the Israel- " itish reformers inflicting penalueson false worshipjjers would not *' legitimate the hke proceedings among christian gentiles : for the *' holy land of old was, by a deed of gift from the glorious God, " miraculously and indisputably granted to the Israelitish nation, *• and the condition on which they Iwid it was their observance of " the IMosaic institutions. To violate them was high treason " against the king of the theocracy, an iniquity to be punished by " the judge. At the same time, sojourners in the land were not *' compelled to the keeping those rites and laws which J\Ioses had " given to the people. Nay, the Israelites themselves fell, many " of them, into the worst of heresies, yet whilst they kept the " laws and rites of Moses, the magistrate would not meddle with " them. The heresy of the Sadducees in ])articular struck at the " foundation of all religion ; yet we do not find that our Saviour " ever blamed the Pharisees for not persecuting them. The " christian religion brings us not into a temporal Canaan, it knows " no weapons but what are purely spiritual. He saw that until " persecution be utterly banished out of the world, and Cain's " consequently lie could take none of it ; but the word by the consent of the " inward man of the virg^in was made flesh." A scholastic nicety, not capa- ble of doing much mischief! but there was a necessity for dehvering the wo- man to the flame.s for maintaining it. The young king thoTigh in such ten- der years, had more sense than all his counsellors and preceptors ; and he long refused to sign the warrant for her execution. Cra.nmek, with his su- perior learning, was employed to persuade him to compliance, and he said, that the prince, being God's deputy, ought to repress impieties against God, in like manner as the king's deputies were bound to punish offenders acrainst the king's person. He also argued from the practice of the Jewish church iii stoning blasphemers. Edward overcome by importunity more than reason at last submitted, and told Cranmer with tears in his eyes, that if any wrong was done, the guilt should lie entirely on his head. The primate was struck with surprize ; but after making a new effort to reclaim the woman and find- ing her obstinate, he at last <;ommitted her to the flames. Nor did he ever renounce his burning principles so long as he continued in power." Hume's Hist. Eng. 4to. vol. 3. p. 320. Neal's Hist. Puritans, 4to. vol. 1. p. 41. It ought also to be remembered, that at the same time that the Quakers suffered in New-England, ])pnal laws against them were made and rigorously executed in England ; and though none of them suffered capital executions, yet they were thrown into prison and treated with other marks of cruelty, which in some instances proved the means of their death. And thomrh the lenity of King Charles the lid. in putting a stop to capital executions here has been much celebrated, j-et in his letter to the Massachusetts irovernment the next year, wherein he requires liberty for the ciuirch of England among them, he adds, " Wee cannot be understood hereby to direct, or wish that *' any indulgence should be graunted to Quakers, whose ])rinciples, being in- " consistent with any kind of government. Wee have found it necessary " with the advise of our parliament here to make a sharp law against them, " and are well content you doe, the like there." Records of Deeds, Province Maine, hb. i. fol. 1'2'J. 52 HISTORY OF NEW-HAMPSHIRE. " club taken out of Abel's hand, 'tis ini])ossible to rescue the " world from endless confusions. He that has the power of the " sword will always be in the right and always assume the power " of persecuting. In his latter times, therefore, he looked upon " it as one of the most hopeful among the signs of the times, that " people began to be ashamed of a practice which had been a " mother of abominations, and he came entirely into that golden " maxim, Errantis poena doceriy Divers others of the principal actors and abettors of this tragedy lived to see the folly and incompetency of such sanguinary laws, to which the sufferings of their brethren, the nonconformists in England, did not a little contribute. Under the arbitrary govern- ment of King James, the Second, when he, for a shew of liberty and as a leading step to the introduction of popery, issued a proc- lamation of indulgence to tender consciences, the principal men of die country sent him an address of tlianks, for granting to them what they had formerly denied to others. It is but justice to add, that all those disgraceful laws were renounced and repeal- ed, and the people of New-England are now as candidly disposed toward the Quakers as any other denominations of christians. To keep alive a spirit of resentniBnt and reproach to the country, on account of those ancient transactions which are now universally condemned, would discover a temper not very consistent with that meekness and forgiveness which ought to be cultivated by all who profess to be influenced by the gospel. But though our ancestors are justly censurable for those in- stances of misconduct, yet they are not to be condemned as un- worthy the christian name, since some of the first disciples of our Lord, in a zealous imitation of the prophet Elias, would have called for fire from Heaven to consume a village of the Samaritans who refused to receive him. Their zeal was of the same kind ; and the answer which the benevolent author of our religion gave to his disciples on that occasion, might wiUi equal propriety be addressed to them, and to all persecuting christians, " Ye know " not what spirit ye are of, for the Son of man is not come to " destroy men's lives but to save them." 1G43.] UNION WITH MASSACHUSETTS. CHAPTER IV. Mode of Government under Massachusetts. Mason's efTorts to recover (lie property of liis aiice.stor. Transactions of the Kinof's Commissioners. Op- position to them. Political principles. Internal transactions. Mason discouraged. During the union of these plantations with IMassachusetts, they were governed by the general laws of the colony, and the terms of the union were strictly observed.* Exeter and Hamp- * [One of the most important events of this period was the confederacy of the colonies of Massachusetts, (which included New-Hampshire) New-Ply- mouth, Connecticut and New-Haven, which continued nearly f 'rty years. This union was proposed hy the colonies of Connecticut and New-Haven, as early as 1638, but was not finally completed until 164:1 " Besides its agency in guiding the events of the time, it was the prototype of the confederacy of the states during the revolution, which was in fact the germ and vivifyino- principle of our existence as a nation." The features of this confederacy are thus described by Mr. Pitkin, in his Civil and Political History of the United States. " By the articles of confederation, as they were called, these colo- nies entered into a firm and ])erpetual league ci£ friendship and amitii. for of- fence and defence, mutual advice and succor, upon all just occasion.?, both for preserving and propagating the truth and liberties of the Gospel, and for their own mutual safet}' and welfare. Each colony was to retain its own peculiar jurisdiction and government, and no other plantation or colony was to be re- ceived as a confederate, nor any two of the confederates to be united into one jurisdiction, without the consent of the rest. The affairs of the united colo- nies were to be managed by a legislature to consist of two persons, styled' commissioners, chosen from each colony. These commissioners had power to hear, examine, weigh, and determine all affairs of war or peace, leafues aids, charges, and number of men for war, — division of spoils, and whatsoever is gotten by conquest — receiving of more confederates for plantations into combination with any of the confederates; and all things of a like nature which are the proper concomitants and cnnsnrji/rnccs of such a confederation for amity, oflence, and defence; not intermeddling with the government or any of the jurisdictions, which, by the third article, is preserved entirely to themselves. The commissioners were to meet annually, in each colony, in succession, and when met, to choose a president, and the determination of any six to be binding on all. " The expenses of nil just wars to be borne by each colony, in proportion to its number of male inhabitants of whatever quality or condition, between the ages of sixteen and sixty. '• In case any colony should be suddenly invaded, on motion and request of three magistrates of such colony, the other confederates were immediately to send aid to the colony invaded in men, Massachusetts one hundred, and the other colonie.s forty-five each, or for a less number, in the same proportion. " The commissioners, however, were very properly directed, afterwards to take into consideration the cause of such war or invasion, and if it should ap- pear that the fault was in the colony invaded, such colony was not only to make satisflvctlon to the invaders, hut to bear all the expenses of the war. The commissioners were also authorised " to frame and establish aoree- ments and orders in general cases of a civil nature, wherein all the planta- tions were interested, for preserving peace amonir themselves, and prevent- ing as much as may be all occasions of war, or diflerenee with others, as about the free and speedy passage of justice, in every jurisdiction, to all the confederates equally as to tlieir own, receiving those that remove from one plantation to another, without due certificates. " It was also very wisely provided in the articles that runaway servants. 54 HISTORY OF NEW-HAMPSHIRE. [1643. ifd'i wicli, lill the cslablishincnt of a new county wlii( called Norfolk, and comprehended Salisbury, Ha ton were at first annexed lo the jinlsdiction of the courts at Ips- lich was Haverhill, Hampton, Exeter, Portsmouth, and Dover. These towns were then of such extent as to contain ail the lands between the rivers Merrimack and Pascataqua, The shire town was Salisbury ; but Dover and Portsmouth had always a distinct jurisdiction, tiiough they were considered as part of this new county ; a court being held in one or the other, sometimes once and sometimes twice in the year, consisting of one or more of the magistrates or assistants, and one or more commissioners, chosen by the General Court out of the principal gentlemen of each town. This was called the court of associates ; and their power extended to causes of twenty pounds value. From them, there was an ap- peal to the board of Assistants, which being found inconvenient, it was, in 1 G70, ordered to be made to the county court of Nor- folk.* Causes under twenty shillings in value were settled in each town, by an Inferior Court, consisting of three persons. After some time, they had liberty to choose their Associates, ^ .„ which was done by the votes of both towns, opened at a joint meeting of their selectmen, though sometimes they requested the court to appoint them as before.'^ That mutual confidence between rulers and people, which springs from the genius of a republican government, is observable in all their transactions.* (1) Mass. General Court Records. (2) Dover and Porlsmovitli Records. and fugitives from justice, should be returned to the colonies whore thej' be- longed, or from which they had Hed. '• If any of the confederates should violate any of the articles, or, in any way injure any one of the other colonies, " such breach of agreement, or inju- ry, was lobe considered and ordered" by the commissioners of the other col- onies. This confederacy, which was (K^clared to be perpetual, continued without any essential alteration, until the New-England colonies were de- prived of their ciiarter by the arbitrary proceedings of James II. In the year 1(548, some of the inhabitants of Rhode-Island rerpiested to be admitted into the confederacy, but they were informed that the island was witiiiti the pa- tent granted to New-Plymouth, ami tlierefore their request was denied." — Pitkin, Hist. U. S.,50, 51.] ^ In 1()52. the number of people in Dover was increased so that they were allowed by law to send two deputies to the General Court. Hanijjlon con- tinued sending but one till 10(1:), and Portsmouth till IC>72. The names of the representatives wliich I have been able to recover, are as follows : [As the years for whicii the representatives were chosen, and the names of a number of them are onutted by Dr. Belknap, his list is lefl out, and the fol- lowing, which is nearly complete, substituted. Dorcr. Portsmouth. Ihimptnn. 1C)42 William Hayward ir>4H r.dward Starbuck William I-Iayward K)44 William Hilton Stephen Winthrop AVilliam Hayward U;4r) William Heath William Hayward W-lti William W.ildron William English Edward Starbuck 1652.] UNION WITH MASSACHUSETTS. 55 This extension of the colony's jurisdiction over New-Hamp- shire, could not tail of being noticed by the heirs of Mason : but the distractions caused by the civil wars in England were invinci- ble bars to any legal inquiry. The first heir named in Mason's will dying in infancy, the estate descended after the death of the executrix to Robert Tufton, who was not of age till 1G50. j ^-^ In two years after this, Joseph jMason came over as agent to the executrix, to look after the interest of her deceased husband. He found the lands at Newichwannock occupied by Richard Dover. Portsmouth. Hampton. 1647 William EiKrlish 1648 1649 1650 John Baker William Estowo William Estowe Jeoifry Mingay 1651 Roger Shaw 1652 Valentine Hill Roger Shaw 1653 Valentine Hill Bryan Pendleton Roger Shaw 1654 Richard Waldron Bryan Pendleton Anthony Stanyan Valentine Hill 1655 Valentine Hill Henry Dow 1656 Richard Waldron Henry Dow 1657 Richard Waldron Roger Page 1658 Richard Waldron Bryan Pendleton Christopher Hussey 165!) Richard Waldron Christopher Hussey 1660 Richard Waldron Henry Sherburne. Bryan Pendleton (2) Christopher Hussey 16GI Richard Waldron Bryan Pendleton William Fuller 166-2 Ricliard Waldron Samuel Dalton 1663 Richard Waldron 1 L^n.i Bryan Pendleton William Cerrish William Cerrisli 1001 Samuel Dalton (2) 1665 Richard Waldron Ricliard Cutt Samuel Dalton 1666 Richard Waldron Nathaniel Fryer Samuel Dalton 1667 Richard Waldron Elias Stilenian William Fuller 1668 Richard Waldron Elias Stilenian Robert Page 1669 Richard Waldron Richard Cutt Samuel Dalton Joshua Gilman 1670 Richard Waldron Richard Cutt Samuel Dalton Richard Cooke 1671 Richard Waldron Elias Stilenian Samuel Dalton Richard Cooke 1672 Richard Waldron Richard Cutt Joseph Hussey Peter Cothiv Richard Marty n 1673 Richard Waldron Elias Stileman Samuel Dalton Peter Coffin 1674 Richard Waldron Richard Cutt Samuel Dalton Anthony Miller lt;75 Richard Waldron Richard Cutt Samuel Dalton Anthony Miller 1676 Anthony Miller Ricliard Cutt Samuel Dalton 1677 Richard Waldron Elias Stileman Thomas Marston 1678 1679 Richard Waldron Samuel Dalton Richard Marty n Samuel Dalton Peter Coffin Richard Waldron was speaker of the house of deputies or representatives in the years lC)6(i. 1667, 1668. 1673, 1674, 1675 and lt;79. A dash under the town against the year shows that no representative was chosen that year. — Where (2) is annexed, it shows that the person was elected for the 2d session of the court. It does not appear that E.xeter sent any deputies to court du- ring this union.] 56 HISTORY OF NEW-HAMPSHIRE. [1652 Leader,* against whom he brought actions in the county court of Norfolk ; but a dispute arising whether the lands in question were within the jurisdiction of iMassachusetts, and the court of Norfolk judging the action not to be within their cognizance, re- course was had to the general court ; who, on this occasion, or- dered an accurate survey of the northern bounds of their patent to be made ; a thing which they had long meditated. ^ A com- mitleef of the general court, attended by Jonadian Ince, and John Sherman surveyors, and several Indian guides, went up the river Merrimack to find the most northerly part thereof, which the In- dians told them was at Aquedochtan, the outlet of the lake Win- nipiseogee.J The latitude of this place was observed to be 43 (1) Massa. Records. * [One of tliis name was agent for the Iron Works at Lynn about this time LeAvis, Hist. Lynn, !)(!.] t [Tlie committee of tlie general court were Capt. Edward Johnson, author of the History of New-Enghmd, and Capt. Simon Willard, afterwards an as- sistant and commander of a portion of the Massacliusetts forces in the Indian war of tG75. The expedition took up nineteen days in tlie months of July and August, and the wliole expense was not less than £84. The report of the surveyors, written bj' a neat chirogvaphist, has been obtained from the Massachusetts colony files, and a copy of it is here added : " The Answer of John Sherman, serjt. at Watertown, and Jonathan Ince, student at Harvard College, in Cambridge, to Captain Simon Willard and Captain Edward Johnson, Commissioners of the General Court, held at Bos- ton, May 27, l{Jb2, concerning the Latitude of the Northermost pt. of Merri- mack River — " Whereas wee John Sherman and Jonathan Ince were procured by the aforesaid Commissioners to take the latitude of the place abovenamed. Our Answer is, that at Arjuedalican, the name of the head of Merrimack, wliere it issues out of the l^ake called Wiunapusseakit, upon the first of August, one thousand, six hundred and fifty two, wee observed and by observation found that the Ijalilude of the i)lace was iburty three degrees, fourty minutes and twelve seconds, besides those minutes which are to be allowed for the three miles more North well, run into the Lake. In witnesse whereof, wee have subscribed our names this nineteenth of October, one thousand, six hundred, fifty two. JOHN SHERMAN, JONATHAN INCE. Jur. coram me, JOII. ENDECOTT, Gubr.] + [The variations in the orthography of this word, which was probably pro- nounced Win-nc-pis-.sc-ock-cc, are somewhat remarkable. Tlie following have .occurred in the course of my investigations. Winnepisseockegee. Captain Alden's Treaty with Indians, ICJOO. 3 CoH. Winnopisseag. blather, Magnalia, ii. 513. [Mass. Hist. See. i. 112, Wenapesioche. Douglass. Summary, i. 420. Winnepasiake. Ibid. i. 423. Winnapissiaukee. Hutchinson, Hist. Mass. i. 358. Winne])issiaukee. Ibid. ii. 'Mi). Winnepissocay. Peiihallow, in Coll. N. H. Hist. Soc. i. 112. Winnepesiaukee. Trumbull, Hist, Connecticut, ii. 78. Winnapuseakit. Sherman and luce's Report, above. Wiunipesocket. Bartlett, Narrative of Captivity, ">. Wiiinipishoky. Petition in Moore's Annals of Concord. Winnipisioke. MS. Cliarterof Kingswood. Wennepisseoka. MS. Letter of Lieut. Gov. Wentworth. Winipisseoca. MS. Records of General Assembly of N. H. Winipisiuket. Douglass, Summary, i. 45G. Winipisiakit. Ibid. i. 31)0. Winipisiackit. Ibid, ii, 34G. Winnipessioke. N. II. Gazette, 18 March, 1789.] 1C53.] UNION WITH MASSACHUSETTS. 57 degrees, 40 minutes niid 12 seconds, to which three miles being added, made the line of the patent, according to their construc- tion, fall within the lake, in the latitude of 43 degrees, 43 minutes and 12 seconds. Two experienced ship-masters, Jonas ^rrcy Clarke and Samuel Andrews, were then dispatched to the eastern shore, who found the same degrees, minutes, and seconds, on the northern point of an island in Casco Bay, called the Upper Clapboard Island. An east and west line, drawn through these points from the Atlantic to the South sea, was therefore supposed to be the northern boundary of the Massa- chusetts patent, widiin which the whole claim of Mason, and the greater part of that of Gorges were comprehended. When this grand point was determined, the court were of opinion, that " some " lands at Newichwannock, with the river, were by agreement of " Sir Ferdinand© Gorges and others, apportioned to Captain Ma- " son, and that he also had right by purchase of the Indians, as " also by possession and improvement ;" and they ordered " a " quantity of land proportionable to his disbursements, wiUi the " privilege of the river, to be laid out to his heirs." The agent made no attempt to recover any other part of the estate ; but having tarried long enough in the country to observe the temper of the government, and the management used in the determina- tion of his suit, he returned ; and the estate was given up for lost unless the government of England should interpose.* * [The !) June, 1654, there was a storme of thunder and liaile, such as hath not been heard of in N. E. since the first planting thereof, which iiaile fell in the bounds of Hampton betwixt the towne and the mills at ye falles — the which haile was so violent as that where the strength of the storm went, it shaved the leaves, twigs and fruit from the trees, and beat down the come, both rye and Indian, and pease and otiier things, so battering and burying the same as that men had beaten it down with tlirashing instruments ; the haile being to admiration for the multitude thereof, so as tiuit in some places it re- mained after the storm was over. I'i inches in thickness above the ground, and was not all dissolved 2 days after the storme in many places, as we are in- formed by many eye witnesses and many of which haile were said to be "3 or 4 inches in length. Hampton Town Records, copied by Mr. Joshua Coffin, S. H. S. Mass. Kiod. The delusion respecting witclicraft, which extended itself generally throughout New-England, appeared in a few instances in New-Hampshire, Mr. Adams, in his Annals of Portsmouth, gives the following account of one case which occurred in that town, this year. " Goodwife Walford was brought before the court of assistants for this of- fence, upon the complaint of Susannah Trimmings. A recital of the testimo- ny will shew how far a disordered imagination contributed to make a person believe she was bewitched ; and what degree of credulity was necessary, to fix the offence upon the person accused. Mrs. Trimmings testified, '' As I was going home on Sunday night, the 30th of March, I lieard a rustling in the woods, whicii I supposed tn be occasioned by swine, and presently there ap- peared a woman, whom 1 a|)|)reiiended to be old Goodwife Walford. She asked me to lend her a pound of cotton ; I told her I had but two pounds in the liouse, and 1 would not sj)are anj^ to my mother. She said 1 had better have done it. for I was going a great jouriU'v, but should never come there. She then left me, and I was struck as with a clap of fire on the back ; and she vanished toward the water side, in my ajiprehension. in the shape of a cat. She had on her head a white linen hood, tied under her chin, and her waist- 10 58 HISTORY OF NEW-HAMPSHIRE. [1G5J. During the coiiimonwoaltli, and the piotectoiate of Croiinvell, there could be no hope of relief, as the family liad always been attached to the royal cause, and the colony stood iiigh in the fa- vor of the parliament and of Cromwell. But the restoration of . ^^^ K'ms; Charles the second encouraged Tufton, who now took the surname of JMason, to look up to the throne for favor and assistance. For though the plan of colonization adopted by his grandfadier was in itself chimerical, and proved fruitless, yet he had expended a large estate in the prosecution of it, which must have been wholly lost to his heirs, unless they could recover the possession of his American territories. Full of this idea, Ma- son petitioned the king ; setting fordi ' the encroachment of the ' Massachusetts colony upon his lands, their making grants and ' giving titles to the inhabitants, and thereby disposessing him and keeping him out of his right.' The king referred the petition to to his attorney-general Sir Geoffrey Palmer, who reported that coat and petticoat were red, with an old green apron, and a black hat upon her head.'' Oliver Trimmings, her husband, said, '• m}' wife came home in a sad condition. She passed bj' nie with her child in her arms, laid the child on the bed, sat down on the chest, and leaned upon her elbow. Three times I asked her how slie did. She could not speak. I took her in my arms, and held her up, and repeated the question. She forced breath, and something stopped in lier tliroat, as if it would have stopped her breath. 1 unlaced her clothes, and soon she spake, and said. Lord have mercy upon me, this wicked woman will kill me. I asked her what woman. She said Goodwife Walford. I tried to persuade her, it was onl}' her weakness. She told me no, and rela- ted as above, that her back was as a flame of fire, and her lower parts, were, as it were, numb and without feeling. T pinched her, and she felt not. She continued th:it niglit,and the day and night following, very ill; and is still baQ" of her limbs, and complains still daily of it." Nicholas Itowe testified. " liiat Jane Walford, shortly after she was accused, came to the dejionent in bed. in the evening, and put her hand upon his breast, so that he could not speak, and was in great pain till the next day. Ry the li shoot her ; the cat got up on a tree, and the gun would not take fire, and afterward the cock would not stand. She afterwards saw three cats. — the yellow one vanished away on the plain ground ; she could not tell which way they went." On the 20 October, 1G57, '• a boat going out of Hampton River, was cast away, and the persons drowned, wiio were eight in number, who all perished in the Sea." Records of Norfolk County. The records give the names of seven who were lost, viz. Em. Hilliar. .lohn Philbrick, Anne Philbrick. his wife, Sarah Philbrick, their daughter, Alice Cox, wife of Moses Cox, John Cox, his eon, and Robert Read.] 1660.1 UNION WITH MASSACHUSETTS. 59 " Robert Mason, grandson and heir to Captain Joiin Mason, had " a good and legal title to the province of New-Hanip- " shire. "^ Nothing farther was done at this time, nor was the matter mentioned in the letter which the king soon after sent to the colony, though some oftensive things in their conduct . ^^ ,, were therein reprehended, and divers alterations enjoined. " But die direcdons contained in this letter not being strictly attend- ed to, and complaints being made to the king, of disputes which had arisen in divers parts of New-England concerning the limits of jurisdiction, and addresses having been presented by several persons, praying for tiie royal interposition ; a commission was is- sued under the great seal to Colonel Richard Nicholls, Sir Robert Carr, kniaiht, George Cartwrieht* and Samuel 1064. Maverick, esquires, impowering them " to visit the several p • • • " colonies of New-England ; to examine and determine all com- " plaints and appeals in matters civil, military and criminal ; to *' provide for the peace and security of the country, according to " their good and sound discretion, and to such instructions as Uiey " should receive from the king, and to certify him of their pro- " ceedings.""^ f This commission was highly disrelished by the colony, as in- consistent with the rights and privileges which they enjoyed by their charter, and which the king had sacredly promised to con- firm. It is therefore no wonder that the commissioners were treated with much coolness at their arrival ; but they severely re- paid it in their report to the king."* (1) Ms. in Sup. Court files. (2) H ulch. Coll. of papers, p. 377. (3) Hutch. Hist. Mass. vol. i. p. 53-"). (4) Hutch. Coll. papers, 417. ^ [This name is Carteret in the former editions, but it should doubtless be Cartwright as will appear from 2 Coll. Mass. Hist. Soc. viii. 5d-U0.] t [Rev. Timothy Dalton, minister of Hampton, died 28 December, 1661, being somewiiat advanced in years. Mr. Savage, in Winthrop, ii. 28, has given him descendants, but none are named in a copy of his last will and tes- tament which I have seen. He gave a portion of his properly to Samuel, the son of Pliilemon Dalton, who was probably brollier to tlie minister, and from a sermon of Rev. Jonathan French of Nortii-Hampton, 1S20. it appears that the ministerial fund in that town and Hampton arose from a liberal donation he made to the last named town. Mrs. Ruth Dalton, his widow, died at Hampton, 12 May, Klfid. Johnson (Hist. N. E. 135) has bestowed some verserf upon him, which will conclude this brief note on one of the earliest and most worthy of the ecclesiastical fathers of New-JIam])shire. '■ DouLTON doth teach perspicuously and sound. '• With wholesome truths of Christ thy flock doth feed, •■ Tliy honour with tiiy labour dotii abound, '• Age crounes thy head in rigiiteousnesse, proceed. " To hatter doune, root up, and quite destroy " All Heresies and Errors, that drawback '• Unto perdition, and Christ's folk annoy ; " To warre for him, thou weapons dost not lack ; " Long dayes to see, that long'd-for day to come, " Oi' Babel's fall, and Is/ael's ((uiet peace : " Thou yet maist live of dayes so great a sum '• To see this work, let not thy warfare cease."] (50 HISTORY OF NEW-HAMPSHIRE. [1G65. In tbcir progress through the country, they came to Pascata- qua, and inquired into tlie bounds of Mason's patent. They heard the allegation of Wheelwright, who when banished by the ""^' colony, was permitted to reside immediately beyond what was called the bound-house, three large miles to the northward of the river Merrimack. They look the ailidavit of Henry Jocelyn concerning the agreement between Governor Cradock and Cap- tain Mason, that the river should be the boundary of their respec- tive patents. They made no determination of this controversy in their report to the king ; but having called together the inhabi- tants of Portsmoulh, Sir Robert Carr, in the name of the rest, told them that " they would release them from the " government of Massachusetts, whose jurisdiction should come " no farther than the bound-house."^ They then proceeded to appoint justices of the peace and other officers, with power to act according to the laws of England, and such laws of their own as were not repugnant thereto, until the king's pleasure should be farther known. There had always been a party here who were disaffected to the government of IMassachusetts.^ One of the most active among them was Abraham Corbett, of Portsmouth, who, since the arri- val of the commissioners at Boston, and probably by authority de- rived from them, had taken upon him to issue warrants in the king's name on several occasions, which was construed a high misdemeanor, as he had never been commissioned by the author- ity of the colony.^ Being called to account by the general court, he was admonished, fined five pounds, and committed till the sen- tence was performed. Irritated by this severity, he was the fitter instrument for the purpose of the commissioners, who employed him to frame a petition to the king in the name of the four towns, complaining of the usurpation of Massachusetts over them, and praying to be released from their tyranny. Corbett, in a secret manner, procured several persons both in Portsmouth and Dover to subscribe this petition, but the most of those to whom he offer- ed it refused. The sensible pari of the inhabilanls now saw with much con- cern, that they were in danger of being reduced to the same un- happy state, which they had^ been in before their union with the colony. Awed by the' supercilious behaviour of the commission- ers, they knew not at first how to act ; for to oppose the king's authority was construed treason, and it was said that Sir Robert Carr had threatened a poor old man with death for no other crime than forbidding his grandchild to open a door to them. But when the rumor was spread that a petition was drawn, and that Corbett was procuring subscribers, the people, no longer able to bear tlic abuse, earnestly applied to the general court, praying " that in (1) Mass. Records. (2) Hutch. Coll. pnpcrB, -Itftf. (3) Mass. Uecord.s. 1665.] UNION WITH MASSACHUSETTS. fix " some orderly way they might have an opportunity to clear thcm- *' selves of so great and unjust aspersions, as were by this j)etition, " drawn in their name, cast upon the government under which " they were settled ; and also to manifest dieir sense of such per- " fidious actions, lest by their silence it should be concluded ihey " were of the same mind with those who framed the petition." In consequence of diis petition, the court commissioned Thomas Danforth, Eleazar Lusher, and JNIajor General Leverett to inquire into the matter, and settle the peace in these places according to their best discretion. These gentlemen came to Portsmouth, and having assembled the inhabitants, and published their commission, they told them that they were informed of a petition subscribed in behalf of that and the neighboring towns, complaining of the government ; and desired them if they had any just grievances to let them be known, and report should be immediately made to the general court. The next day, they assembled the people of Do- ver and made the same challenge. Both towns respectively pro- tested against the petition, and professed full satisfaction with the government, which they signified in addresses to the court. Dud- ley, the minister of Exeter, certified under his hand to the com- mittee, that the people of that town had no concern directly nor indirectly with the obnoxious petition.* They received also full satisfaction with regard to Hampton ; a certificate of which might have been obtained, if they had thought it necessary. They then proceeded to summon Corbett before them for se- ditious behaviour ; but he eluded the search that was made for him, and they were obliged to leave a warrant with an officer to cite him to the court at Boston. The commissioners had now gone ov er into the province of Maine, from whence Sir Robert Carr in their name sent a severe reprimand to this committee, forbidding them to proceed against such persons as had subscribed the peti- tion, and inclosing a copy of a letter which the said commissioners had written to the governor and council on the same subject. Tlie connnittee returned and reported their proceedings to the court, and about the same time,' the commissioners came from their eastern tour to Boston 5 where the court desired a conference with them, but received such an answer from Sir Robert Carr as determined them not to repeat their request. A warrant was then issued by the secretary, in the name of the whole court, to appre- hend Corbett and bring him before the governor and magistrates, ' [The certificate of Mr. Dudle}^, in the files of the Massachusetts colony records, is as follows : •• This may certify whom it may concern, that con- cerninjr the Question that is in hand, whether the town "of Exeter hath sub- scribed to that petition sent to his Majesty for the taking of Portsmouth, Do- ver, Hampton and Exeter under his immediate frovernment, I do afiirm to my best apprehension and that by more than prol):ible conjecture, that the town of Kxeter hath no hand in that petition directly or indirectly. Witness my hand, JO. fc'. (Jo. Sa.muel Dldlev."] %2 HISTORY or NEW-HAMPSHIRE. [1666. '" to answer for his tuinultiioiis and seditious practices against the " government." The next spring, he was seized and I606. Ijrought before tlieni ; and alter a lull hearing was adjudg- ^ '^^ ■ ed guilty of sedition, and exciting others to discontent with the government and laws, and of keeping a disorderly house of entertainment, for which crimes he was sentenced to give a bond of one hundred pounds, with security for his peaceable behaviour and obedience to the laws ; he was prohibited retailing liquors ; disabled from bearing any office in the town or commonwealth, during the pleasure of the court ; and obliged to pay a fine of twenty pounds, and five pounds for the costs of his prosecution. This severity in vindication of their charter-rights, they thought fit to temper with something that had the appearance of submis- sion to the royal commands. The king's pleasure had been sig- nified to the commissioners, that the harbors should be fortified. This instruction came to hand while they were at Pascataqua, and •they immediately issued warrants to the four towns, requiring diem to meet at a time and place appointed to receive his majes- ty's orders. 1 One of these warrants was sent by express to Bos- ton, from whence two officers were dispatched by the governor and council to forbid the towns on their peril to meet, or obey the commands of the commissioners. But by their own authority, they ordered a committee to look out the most convenient place for a fortification, upon whose report " the neck of land on the " eastward of the Great Island, where a small fort had been al- " ready built, was sequestered for the purpose, taking in the Great " Rock, and from thence all the easterly part of the said island." ~ The court of associates being impowered to hear and determine the claims of those who pretended any title to this land ; a claim was entered by George Walton,* but rejected ; and the appropri- ation confirmed. The customs and imposts on goods imported into the harbor were applied to the maintenance of the fort, and the trained bands of Great-Island and Kittery-Point were dis- charged from all other duty to attend the service of it, under Richard Cutt, esquire, who was appointed captain. The people of Massachusetts have, both in former and latter limes, been charged wiUi disloyalty to the king in their conduct towards these conmiissioners, and their disregard of authority de- rived from the same source with their charter. To account for their conduct on this occasion, we must consider the ideas they had of dieir political connexion with the parent state. They had (1) Hutch. Coll. papers, 410. (-2) Ma.ss. Records. * [George Walton appears to have been of E.xeter in 1030, having pre- viously resided at Pascataqua. He finally settled on Great Island, where he died in 10^0, aged about 71 years. See Mather, ii. Magnalia, IW3. Adams, Annals of Portsnioutj}, 44, ;^!>8. Coll. N. H. Hist. Sue. i. :\22. It is probabl« that he was the father of Col. Shadrach Walton, who is several times men- tioned in this history.] 1G66.] UNION WITH MASSACHUSETTS. 63 been forcp of their charter. The appointment of commissioners who were to act within the same limits, independently of this authority, and to receive ap- peals from it : whose rule of conduct was not established law, but their own " good and sound discretion," was regarded as a dangerous stretch of royal power, militating with and superseding their charter. If the royal authority was destined to flow through the patent, it could not regularly be turned into another channel : if they were to be governed by laws made and executed by offi- cers of their own choosing, they could not at the same time be governed by the " discretion" of men in whose appointment they had no voice, and over whom they had no control. Two- ruling powers in the same state Vvas a solecism which they could not di- gest. The patent was neither forfeited nor revoked ; but the king had solennily promised to confirm it, and it subsisted in full force. The commission therefore was deemed an usurpation and infringe- ment of those chartered rights, which had been solemnly pledged on the one part, dearly purchased and justly paid for on the other. They regarded " a royal donation under the great seal (to use their own words) as the greatest security that could be had in hu- man affairs ;"i and they had confidence in the justice of the su- preme ruler, that if they held what they in their consciences thought to be their rights, and performed the engagements by which they had acquired them, they should enjoy the protection of his providence,* though they should be obliged to abandon the (1) Ilutcli. Hist. Mass. vol. i. p. 543. " '• Keep to your patent. Your patent was a royal ofrant indeed ; and it is *' instrutnenlally your defence and security. Recede from that, one way or 04 HISTORY OF NEW-HAMPSHIRE. [1666. country, whicli I'hey had planted with so much labor and expense, and seek a new setllcnieiit in some other part of the globe. These were the j)rinciplcs which they had imbibed, which they openly avowed and on u hich they acted. Policy might have dic- tated to them the same llexibilily of conduct, and softness of ex- j)ression, by which the other colonics on this occasion gained the royal favor. But they had so long held the sole and uninterrupt- ed sovereignly, in which they had been indulged by the late pop- ular government in England ; and were so fully convinced it was their right ; that they chose rather to risk the loss of all, than to make any concessions ; thereby exposing themselves farther to the malice of their enemies and the vengeance of power. The commissioners, having finished their business, were recall- ied by the order of the king, who was much displeased with the ill treatment they had received from the Massachusetts government, which was the more heinous, as the colonics of Plymouth, Rhode- Island and Connecticut had treated the commission with acknowl- edged respect. By a letter to the colony, he commanded '"^' ■ them to send over four or five agents, promising " to hear " in person, all the allegations, suggestions, and pretences to right " or favor, that could be made on behalf the colony," intimating that he was far from desiring to invade their charter ; and com- manding that all things should remain as the commissioners had settled them until his farther order ; and that those persons who had been imprisoned for petitioning or applying to them should be released.^ The court, however, continued to exercise jurisdiction, .appoint ofiicers, and execute the laws in these towns as they had done for twenty-five years, to the general satisfaction of the peo- ple who were united widi them in principles and affection. This affection was demonstrated by their ready concurrence with the proposal for a general collection, for the purpose of ififO erecting a new brick building* at Harvard college, the old wooden one being small and decayed. The town of Portsmouth, which was now become the richest, made a subscrip- tion of sixty pounds per annum for seven years ; and after five years, passed a town vote to carry this engagement into effect. — Dover gave Uiirty-two, and Exeter ten pounds for the same laud- able purpose.- The people of Portsmouth, having for some time employed j^«, Joshua Moodey as a preacher among them, and erecteil a new meeting house, proceeded to settle him in regular (1) Hutch, p. r)47. (2) Harvard College Records. " the other, and you will e.\[)ose yourself to the wrath of God and the rage of " man. Fix upon the patent, and stand for tlie lil)erties and iinnninities con- " ferred upon you therein ; and you have don and the kinjj witli you. both " a ;ro()d cause and a f;oo(I interest ; and may witli oood ciiuscience set your " footaijainsl any footof ])ri(le and violence tjiat shall come against you." — President Oakes's J\iection Sermon, l(i7;5. ' This building was erected in 107".^, and consumed by fire in 17(»4. 1G74.] UNION WITH MASSACHUSETTS. C5 order. A church consisting of nine brethren* was first p;ather- ed ; then the general court having been duly informed of it, and having signified their approbation, according to the established practice, JMoodey was ordained in the presence of Governor Lev- erett and several of the magistrates.' f The whole attention of the government in England being at this time taken up with things that more immediately con- ir^^A cerned themselves, nothing of moment relating to Ma- son's interest was transacted. He became discouraged, and joined with the heirs of Gorges in proposing an alienation of their respective rights in the provinces of New-Hampshire and Maine to the crown, to make a government for the duke of Monmouth. The duke himself was greatly pleased with the scheme, as he had been told that an annual revenue of five thousand pounds or more might be collected from these provinces. But by the more faithful representations of some persons who were well acquainted with the country, he was induced to lay aside the project. Many complaints were made against the government of Massachusetts; and it was thought to be highly expedient that more severe meas- ures should be used widi them ; but the Dutch wars, and other foreign transactions, prevented any determination concerning them, till the country was involved in all the horrors of a general war with the natives,- CHAPTER V. Remarkg on the temper and manners of the Indians. The first general war witli them called Pliilip's war. At the time of the first discovery of the river Pascataqua by Captain Smith, it was found that the native inhabitants of these parts differed not in language, manners, nor government, from their eastern or western neighbors. Though they were divided into several tribes, each of which had a distinct sachem, yet they all owned subjection to a sovereign prince, called Bashaba, whose residence was at Penobscot. It was soon after found that the (I) Portsmouth Chiircii Records. [Adams, Annals of Portsmouth, 51 — 55. where is a particular account of the measures preparatory to the ordination of Mr. Moodey.] (2) Hutch. Collection of papers, 451, 472. • Joshua Moodey, John Cutt, Richard Cutt, Richard Martyn. Elias Slile- raan, Samuel Haynes, James Pendleton, John Fletcher, John Tucker. t [1671. April 1. A great storme of driving snow came out of the N. W. and drove up in drifts about 6 feet deep, as appeared by those that measured the banks of snow. For the space of 14 days after, it was a sad time of rain, not one whole fair day, and much damage done to mills and other things by the flood which followed. Town Records of Hampton. J 11 66 HISTORY OF NEW-HAMPSHIRE. Tarraleens, who lived farther eastward, had invaded his country, surprised and slain him, and all the people in his neighborhood, and carried oft' his women, leaving no traces of his authority. ' Upon which the subordinate sachems, having no head to unite them, and each one striving for the pre-eminence, made war among themselves ; by which means many of their people, and much of their provision were destroyed. When Sir Richard Hawkins visited the coast in 1615, this war was at its height; and to this succeeded a pestilence, which carried them off in such nvmibers that the living were not able to bury the dead ; but their bones remained at the places of their habitations for several years. ^ During this pestilence, Richard Vines and several others, whom Sir Ferdinando Gorges had hired, at a great expense, to tarry in the country through the winter, lived among them and lodged in their cabins, without receiving the least injury in their heahh, " not so much as feeling their heads to ache the whole time." ^ By such singular means did divine providence prepare the way for the peaceable entrance of the Europeans into this land. When the first settlements were made, the remains of two tribes had their habitations on the several branches of the river Pascataqua ; one of their sachems lived at the falls of Squamscot, and the other at those of Newichwannock ; their head quarters being generally seated in places convenient for fishing. Both these, together with several inland tribes, who resided at Paw- tucket and Winnipiseogee, acknowledged subjection to Passacon- away the great sagamore of Pannukog, or (as it is commonly pronounced) Penacook. He excelled the other sachems in sa- gacity, duplicity and moderation ; but his principal qualification was his skill in some of the secret operations of nature, which gave him the reputation of a sorcerer, and extended his fame and influence among all the neighboring tribes. They believed that it was in his power to make water burn, and trees dance, and to metamorphose himself into flame ; that in winter he could raise a green leaf from the ashes of a dry one, and a living serpent from the skin of one that was dead."* An English gentleman, who had been much conversant among the Indians, was invited in 1660, to a great dance and feast ; on which occasion, the elderly men, in songs or speeches recite their histories, and deliver their sentiments, and advice, to the younger. At this solemnity, Passaconaway, being grown old, made his farewell speech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrelled with their English neighbors ; for though they might do them some damage, yet it would prove the means of their own destruction. He told them that he had been a bitter enemy to the English, and by tlie (1) Smith's Voyage. (2) Gorges's Narrative, p. 17, 54. Prince's An- nals. (;<) Gorges, page 12. (4) Hutch. Hist. Mass. vol. i. p. 474. UNION WITH MASSACflUSETTS. 67 arts of sorcery had tried his utmost to hinder their settlement and increase ; but could by no means succeed. This caution per- haps often repeated, had such an effect, that uj)on the breaking out of the Indian war fifteen years afterwards, Wonolanset, his son and successor, withdrew himself and his people into some re- mote place, that they might not be drawn into the quarrel. ^ Whilst the British nations had been distracted with internal convulsions, and had endured the horrors of a civil war, produced by the same causes which forced the planters of New-England to quit the land of their nativity ; this wilderness had been to them a quiet habitation. They had struggled with many hardships; but providence had smiled upon their undertaking ; their settle- ments were extended and their churches multiplied. There had been no remarkable quarrel with the savages, except the short war with the Pequods, who dwelt in the south-east part of Con- necticut. They being totally subdued in 1637, the dread and terror of the English kept the other nations quiet for near forty years. During which time, the New-England colonies being confederated for their mutual defence, and for maintaining the public peace, took great pains to propagate the gospel among the natives, and bring them to a civilized way of living, which, with respect to some, proved effectual ; others refused to receive the missionaries, and remained obstinately prejudiced against the English. Yet the object of dieir hatred was at the same time the object of their fear ; which led them to forbear acts of hostility, and to preserve an outward shew of friendship, to their mutual interest. Our historians have generally represented the Indians in a most odious light, especially when recounting the effects of their ferocity. Dogs, caitiffs, miscreants and hell-hounds, are the politest names which have been given them by some writers, who seem to be in a passion at the mentioning their cruelties, and at other times speak of them with contempt.- Whatever indulgence may be allowed to those who wrote in times when the mind was vexed with their recent depredations and inhumanities, it ill becomes us to cherish an inveterate hatred of the unhappy natives. Religion teaches us a better temper, and providence has now put an end to the controversy, by their almost total extirpation. We should there- fore proceed with calmness in recollecting their past injuries, and forming our judgment of their character. It must be acknowledged that human depravity appeared in these unhappy creatures in a most shocking view. The principles of education and the refinements of civilized life either lay a check upon our vicious propensities, or disguise our crimes ; but among them human wickedness was seen in its naked deformitJ^ (1) Hubbnrd's printed Narrative, page 9, 31. (2) Hubbard's Narrative and Mather's Magnalia. J^V, 68 HISTORY OF NEW-HAMrSIIIRi:. Yet, bad as they were, it will be difficult to find tliem guilty of any crime which cannot he paralleled amonn; civilized nations. They arc always described as remarkably cruel ; and it cannot be denied that this disposition indulged to the greatest excess, strongly marks their cliarncter. We are struck with horror, when we hear of their binding the victim to the stake, biting off his nails, tearing out his hair by the roots, pulling out his tongue, boring out his eyes, sticking his skin full of lighted pitch-wood, half roasting him at the fire, and then making him run for their diversion, till he faints and dies under the blows which they give him on every part of his body. But is it not as dreadful to read of an unhappy wretch, sewed up in a sack full of serpents and thrown into the sea, or broiled in a red hot iron chair; or mang- led by lions and tigers, after having spent his strength to combat them for die diversion of the spectators in an amphitheatre ? and yet these were punishments among the Romans in the politest ages of the empire. What greater cruelty is there in the Ameri- can tortures, than in confining a man in a trough, and daubing him with honey that he may be stung to death by wasps and other venomous insects ; or fleaing him alive and stretching out his skin before his eyes, which modes of punishment were not inconsistent with the softness and elegance of the ancient court of Persia ? or, to come down to modern times ; what greater misery can there be in the Indian executions, than in racking a prisoner on a wheel, and breaking his bones one by one with an iron bar ; or placing his legs in a boot and driving in wedges one after another ; which tortures are still, or have till lately been used in some European kingdoms ? I forbear to name the torments of the inquisition, because they seem to be beyond the stretch of human invention. If civilized nations, and those who profess the most merciful religion that ever blessed the world, have practised these cruelties, what could be expected of men who were stran- gers to every degree of refinement either civil or mental ? The Indians have been represented as revengeful. When any person was killed, the nearest relative thought himself bound to be the avenger of blood, and never left seeking, till he found an opportunity to execute his pm-pose. Whether in a state, where government is confessedly so feeble as among them, such a con- duct is not justifiable, and even countenanced by the Jewish law may deserve our consideration.^ The treachery with which these people are justly charged, is exactly the same disposition which operates in the breach of sol- emn treaties made between nations which call themselves chris- tians. Can it be more criminal in an Indian, than in an Europe- an, not to diink himself bound by promises and oaUis extorted from him when under duress .'' (1) Numbers, cli. 35. V. 19. Deuteronoinv, cli. !'.>. v. 12. 1G75.] UNION WITH MASSACHUSETTS. g9 Their jealousy and haired of tlieir English neighbors ni;iy easily be accounted for, if we allow them to have thy same; feel- ings with ourselves. How natural is it for us to form a disagree- able idea of a whole nation, from (he had conduct of some indi- viduals with whom we are acquainted ? and though others of tiiem may be of a different character, yet will not that prudence which is esteemed a virtue, lead us to suspect the fairest appear- ances, as used to cover the most fraudulent designs, especially if pains are taken by the most politic among us, to forraent suclv jealousies to subserve their own ambitious purposes ? Though the greater part of the English settlers came hither with religious views, and fairly purchased their lands of the In- dians, yet it cannot be denied that some, especially in the eastern parts of New-England, had lucrative views only ; and from the beginning used fraudulent methods in trade with them. Such things were indeed disallowed by the government, and would always have been punished if the Indians had made complaint : but they knew only the law of retaliation, and when an injury was received, it was never forgotten till revenged. Encroachments made on their lands, and fraud committed in trade, afforded suf- ficient grounds for a quarrel, though at ever so great a length of time ; and kept alive a perpetual jealousy of the like treatment again.* Such was the temper of the Indians of New-England when the first general war began. It was thought by the English ^ ^^^ in that day, that Philip, sachem of the Wompanoags, a crafty and aspiring man, partly by intrigue, and partly by example, excited them to such a general combination. He was the son of Massassoit, the nearest sachem to the colony of Plymouth, with whom he had concluded a peace, which he maintained more through fear than good will, as long as he lived. His son and immediate successor Alexander, preserved the same external show of friendship ; but died with clioler on being detected in a plot against them. Philip, it is said, dissembled his hostile pur- poses ; he was ready, on every suspicion of his infidelity, to re- new his submission, and testify it even by the delivery of his arms, till he had secretly infused a cruel jealousy into many of die neighboring Indians ; which excited them to attempt the recover- ing their country, by extirpating the new possessors. The plot, it is said, was discovered before it was ripe for execution : and as he could no longer promise himself security under the mask of friendship, he was constrained to shew himself in his true charac- * INIons. (lu Pratz gives nearly the same account of the Indians on tlie Miss- issippi. " There needs nothino; but prudence and o-ood sense to pursuade " these people to what is reasonable, and to preserve tlieir friendship without '• interruption. We may safely affirm, that the differeiirfs we Iiave jiad with " them have been more owinjv to tiie Frencli than to them. When tliey are " treated insolently, or oppressively, they have no less sensibility of injurieti " than others." History of Louisiana, lib. 4, cap. 3. 70 HISTORY UF NEW-HAMPSHIRE. [1675. ter, and accordingly began hostilities upon the plantation of Svvanzc)', in the colony of Plymouth, in the month of June, 1C75. Notwithstanding this general opinion, it may admit of some doubt, whether a single sachem, whose authority was limited, could have such an extensive inlUience over tribes so remote and unconnected with him as the eastern Indians ; much more im- probable is it, that those in Virginia should have joined in the con- federacy, as it hath been intimated. The Indians never travelled to any greater distance than their hunting required ; and so ig- norant were they of the geograj)hy of their country, that they imagined New-England to be an island,' and could tell the name of an inlet or strait by which they supposed it was separated from the main land. But what renders it more improbable that Philip was so active an instrument in exciting this war, is the constant tradition among the posterity of those people who lived near him, and were familiarly conversant with him, and with those of his Indians who survived the war : which is, that he was forced on by the fury of his young men, sorely against his own judgment and that of his chief counsellors ; and that as he foresaw that the English would, in time, establish themselves and extirpate the In- dians, so he thought that the making war upon them would only hasten the destruction of his own people. It was always a very common, and sometimes a just excuse with the Indians, when charged with breach of faith, that the old men were not able to restrain the younger from signalizing their valor, and gratifying their revenge, though they disapproved their rashness. 'I'his want of restraint was owing to the weakness of their government ; their sachems having but the shadow of magistradcal authority. The inhabitants of Bristol shew a pardcular spot where Philip received the news of the first Englishmen that were killed, with so much sorrow as to cause him to weep ; a few days before which he had rescued one who had been taken by his Indians, and privately sent him home.- Whatever credit may be given to this account, so different from die current opinion, it must be own- ed, that in such a season of general confusion as the first war oc- casioned, fear and jealousy might create many suspicions, which would soon be formed into reports of a general confederacy, through Philip's contrivance ; and it is to be noted that die prin- cipal histories of this war, (Increase Mather's and Hubbard's) were printed in 1G76 and 1677, when the strangest reports were easily credited, and the people were ready to believe every thing that was bad of so formidable a neighbor as Philip. But as the fact cannot now be precisely ascertained, I shall detain the reader ;io longer from the real causes of die war in these eastern parts. There dwelt near the river Saco, a sachem named Squando, <1) Hubbard's Narrative, pjipc 12. Ncal'a Hist. N. E. vol. i. p. 21. (2) Cal- lender's Century Sermon, p. 76. 1675.] UNION WITH MASSACHUSETTS. 71 a noted enthusiast, a leader in the devotions of their religion, and one who pretended to a i'atniliar intercourse with the invisible world. These qualifications rendered iiim a person of the high- est dignity, importance and influence among all the eastern Indians. His squaw passing along the river in a canoe, with her infant child, was met by some rude sailors, who having heard that the Indian children could swim as naturally as the young of the brutal kind, in a thoughtless and unguarded humor overset the canoe. The child sunk, and the mother instantly diving fetched it up alive, but the child dying soon after, its death was imputed to die treatment it had received from the seamen ; and Squando was so provoked that he conceived a bitter antipathy to the English, and employed his great art and influence to excite the Indians against them.i Some other injuries were alleged as the ground of the quarrel ; and, considering the interested views and irregular lives of many of the eastern settlers, their distance from the seat of government, and the want of due subordination among them, it is not improbable that a great part of the blame of the eastern war belonged to them. The first alarm of the war in Plymouth colony spread great consternadon among the distant Indians, and held diem awhile in suspense what part to act ; for there had been a long external friendship subsisting between them and the English, and they were afraid of provoking so powerful neighbors. But the seeds of jealousy and hatred had been so effectually sown, that the crafty and revengeful, and those who were ambitious of doing some ex- ploits, soon found means to urge them on to an open rupture ; so that within twenty days after Philip had begun the war at the southward, the flame broke out in the most northeasterly part of the country, at the distance of two hundred miles." The English inhabitants about the river Kennebeck, hearing of the insurrection in Plymouth colony, determined to make trial of the fidelity of their Indian neighbors, by requesting them to deliv- er their arms. They made a show of compliance ; but in doing it, committed an act of violence on a Frenchman, who lived in an English family ; which being judged an offence, both by the En- glish and the elder Indians, the ofiender was seized ; but upon a promise, with security, for his future good behaviour, his life was spared, and some of them consented to remain as hostages; who .soon made dieir escape, and joined with their fellows in robbing the house of Purchas, an ancient planter at Pegypscot. The quarrel being thus begun, and their natural hatred of the English, and jealousy of their designs, having risen to a great height under the malignant influence of Squando and other leading men ; and being encouraged by the example of the western Indians, (1) Hubbard, [Wars with the Eastern Indians, p. CI.] Magnaiia, lib. 7, p. 55. (2) Hubbard, [Indian Wars] page 13. 75 HISTORY OF NEW-HAMPSHIRE. [1675. who were daily making depredations on the colonies of Plymouth, and IMassachiisetts ; they took every opportunity to rob and mur- der the people in ib-c scattered settlements of the province of Maine ; and having dispersed themselves into many small parties, that they might be the more extensively mischievous, in the month of September, they approached the plantations at Pascataqua, and made their fust onset at Oyster river, then a part of the town of Dover, but now Durham. Here, they burned two houses belong- ing to two jiersons named Chesley ; killed two men in a canoe, and carried away two captives ; both of whom soon after made their escape. About the same time, a party of four laid in ambush near the road between Exeter and Hampton, where they killed one,* and took another, | who made his escape. Within a few days an assault was made on the house of one Tozer at Newich- wannock, wherein were fifteen women and children, all of whom, except two, were saved by the intrepidity of a girl of eighteen. She first seeing the Indians as they advanced to the house, shut the door and stood against it, till the others escaped to the next house, which was better secured. The Indians chopped the door to pieces with their hatchets, and then entering, they knocked her down, and leaving her for dead, went in pursuit of the others, of whom two children, w'ho could not get over the fence, fell into theii- hands. The adventurous heroine recovered, and was per- lectly healed of her wound. ^ The two following days, they made several appearances on both sides of the river, using much insolence, and burning two houses and three barns, with a large quantity of grain. Some shot were exchanged without efiect, and a pursuit was made after them into the woods by eight men, but night obliged them to return without success. Five or six houses were burned at Oyster river, and two more men killed. J These daily insults could not be borne without indignation and reprisal. About twenty young men, chiefly of Dover, obtained leave of Major Waldron, then com- mander of the militia, to try their skill and courage with the In- dians in their own way." Having scattered themselves in the woods, a small party of them discovered five Indians in a field near a deserted house, some of whom were gathering corn, and others kindling a fire to roast it. The men were at such a dis- tance from their fellows that they could make no signal to them without danger of a discovery ; two of them, dierefore, crept along (1) Hubbard, [Wars with Eastern Indians] p. 19. (2) [Hubbard, Eastern Wars; 20.] (a) Hubbard, [Eastern Wars] page 21. ' [Goodman Robinson, of E.xetcr. who, with his son, was going to Hampton. He was shot through his back, tlic bullet having pierced througii his body- Th* son escaped by running into a swamp, and reached Hampton about mid- night. Hubbard, VVars wiln E.istern Indians, 10, 20.] / [Charles Uaulet, who escaped by the help of an Indian. Ibid. 20.] i [William Roberts and his son-in-law. Ibid. 21] 1675.] UNION WITH MASSACHUSETTS. tS silently, near to the house, from whence they suddenly rushed upon those two Indians, who were busy at the fire, and knocked them down with the butts of their guns ; the other three took the alarm and escaped. All the plantations at Pascataqua, with the whole eastern coun- try, were now filled with fear and confusion. Business was sus- pended, and every man was obliged to provide for his own and his family's safety. The only way was to desert their habitations, and retire together within the larger and more convenient houses, which they fortified with a timber wall and flankarts, placing a sentry-box on the roof. Thus the labor of the field was exchang- ed for the duty of the garrison, and they, who had long lived in peace and security, were upon their guard night and day, subject to continual alarms, and the most fearful apprehensions. ^ The seventh of October was observed as a day of fasting and prayer ; and on the sixteenth, the enemy made an assault upon the inhabitants at Salmon-falls, in Berwick. Lieutenant Roger Plaisted, being a man of true courage and of public spirit, imme- diately sent out a party of seven from his garrison to make dis- covery. They fell into an ambush ; three were killed, and the rest retreated. The Lieutenant then despatched an express to Major Waldron and Lieutenant Coflin at Cochecho, begging most importunately for help, which they were in no capacity to afford, consistently with their own safety. The next day, Plaisted ven- tured out with twenty men, and a cart to fetch the dead bodies of their friends, and unhappily fell into another ambush. The cattle affrighted ran back, and Plaisted being deserted by his men, and disdaining either to yield or fly, was killed on the spot, with his eldest son and one more ; his odier son died of his wound in a few weeks.* Had the heroism of this worthy family been imitated by the rest of the party, and a reinforcement arrived in season, the enemy might have receiv^ed such a severe check as would have prevented them from appearing in small parties. The gal- lant behaviour of Plaisted, diough fatal to himself and his sons, had this good effect, that the enemy retreated to the woods ; and the next day. Captain Frost came up with a party from Sturgeon creek, and peaceably buried the dead. But before the month had expired a mill was burned there, and an assault made on Frost's garrison, who though he had only three boys with him, kept up a constant fire, and called aloud as if he were command- ing a body of men, to march here and fire there : the stratagem succeeded, and the house was saved. The enemy then proceed- (]) Ibid. 22. * [Soon after this, llipy a.ssaulled a house at Oyster River, which was gar- risoned. MeetinjT with a good old man without the g-arrison, whose name was Beard, they killed him upon the place, and in a barbarous manner cut off his head and set it on a pole in derision. Hubbard, Eastern Wars, 22.] 12 74 HISTORY OF NEW-HAMPSHIRE. [\615, ed down the river, killing and plundering as they found people off their guard, till they came opposite to Portsmoudi ; from whence some cannon being fired they dispersed, and were pursued by the help of a light snow which fell in the night, and were overta- ken by the side of a swamp, into which they threw themselves, leaving their packs and plunder to the pursuers. They soon af- ter did more mischief at Dover, Lamprey river* and Exeter ; and with these small, but irritating assaults and skirmishes, the au- tumn was spent until the end of November ; when the number of people killed and taken from Kennebeck to Pascataqua amount- ed to upwards of fifty. ^ The Massachusetts government being fully employed in de- fending die southern and western parts, could not seasonably send succors to the eastward. Major General Denison, who comman- ded the militia of the colony, had ordered the majors who com- manded the regiments on this side of die country, to draw out a sufficient number of men to reduce the enemy, by attacking them at their retreat to their head-quarters at Ossipce and Pequawet.f But the winter setting in early and fiercely, and the men being unprovided wiUi rackets to travel on the snow, which by the tenth of December was four feet deep in the woods, it was impossible to execute the design. This peculiar severity of the season how- ever proved favorable. The Indians were pinched with famine, and having lost by their own confession about ninety of their number, partly by the war, and partly for want of food, they were reduced to the necessity of suing for peace. With this view, they came to Major Waldron, expressing great sorrow for what had been done, and promising to be quiet and submissive. By his mediation, a peace was concluded with the whole body of eastern Indians, which continued till the next August ; and might have continued longer, if the inhabitants of die eastern parts had not been too intent on private gain, and of a disposition too un- governable to be a barrier against an enemy so irritable and vin- dictive. The restoraUon of the captives made the peace more pleasant. A return from the dead could not be more welcome than a deliverance from Indian captivity. The war at the southward, though renewed in the spring, drew toward a close. Philip's affairs were desj)erate ; many of his allies and dependents forsook him ; and in the month of August, he was slain by a party under Captain Church. " (1) Hubbard, [Eastern Wars] p. 23, 24, 25. (2) Church's Memoirs, p. 44. * [One was killed near this place ; and between Exeter and Hampton, they killed one or two men in the woods as they were travelling homewards. — Hubbard's Eastern Wars, 25.] t [This name was spelled Pi.gwachet in the former editions, but the true orthography, which conveys the aboriginal pronunciation, is said to be as given above in the text. It is variously written by the early historians. Winthrop has it Pefftnnirgetl ; Hubbard, Pigxcauchct ; and Sullivan, Pechcalket and PiekicockcL] 1676.] UNION WITH MASSACHUSETTS. 75 Those western Indians who had been engaged in the war, now fearing a total extirpation, endeavored to conceal themselves among their brethren of Penacook who had not joined in the war, and with those of Ossipee and Pcquawket, who had made peace. But they could not so disguise themselves or their behaviour as to escape the discernment of those who had been conversant with Indians. Several of them were taken at different times and de- livered up to public execution. Three of them, Simon, Andrew and Peter, who had been concerned in killing Thomas Kimball of Bradford, and captivating his family, did, within six weeks, voluntarily restore the woman and five children. It being doubt- ed whether this act of submission was a sufficient atonement for the murder, they were committed to Dover prison till their case could be considered. Fearing that this confinement was a pre- lude to fardier punishment, they broke out of prison, and going to the eastward, joined with the Indians of Kennebeck and Ameris- coggin in those depredations which they renewed on the inhabit- ants of those parts, in August, and were afterward active in dis- tressing the people of Pascataqua. This renewal of hostilities occasioned the sending of two com- panies to the eastward under Captain Joseph Syll, and Captain William Hathorne. In the course of their march, they came to Cochecho, on the sixth of September, where four hundred mix- ed Indians were met at the house of Major Waldron, with whom they had made the peace, and whom the}' considered as their friend and father. The two captains would have fallen upon them at once, having it in their orders to seize all Indians, who had been concerned in the war. The major dissuaded them from that purpose, and contrived the following stratagem. He proposed to the Indians, to have a training the next day, and a sham fight after the English mode ; and summoning his own men, with those under Capt. Frost of Kittery, they, in conjunction with the two companies, formed one party, and the Indians another. Having diverted them a while in this manner, and caused the In- dians to fire the first volley ; by a peculiar dexterity, the whole body of them (except two or three) were surrounded, before they could form a suspicion of what was intended. They were imme- diately seized and disarmed, without the loss of a man on either side. A separation was then made : VVonolanset, with the Pen- acook Indians, and others who had joined in making peace the winter before, were peaceably dismissed ; but the strange Indians, (as they were called) who had fled from the southward and ta- ken refuge among them, were made prisoners, to the number of two hundred ; and being sent to Boston, seven or eight of them, who were known to have killed any Englishmen, were condemned and hanged ; the rest were sold into slavery in foreign parts. •J 6 HISTORY OF NEW-HAMPSHIRE. [1676. This action was highly applauded by the general voice of the colony ; as it gave them opportunity to deal with their enemies in a judicial way, as rebels, and, as they imagined, to extirpate those troublesome neighbors. The remaining Indians, however, looked upon the conduct of Major Waldron as a breach of faith ; inasmuch as they had taken those fugitive Indians under their protection, and had made peace with him, which had been scrict- ly observed with regard to him and his neighbors, though it liad been broken elsewhere. The Indians had no idea of the same government being extended very far, and thought they might make peace in one place, and war in another, without any impu- tation of infidelity ; but a breach of hospitality and friendship, as they deemed this to be, merited, according to their principles, a severe revenge, and was never to be forgotten or forgiven. The major's situation on this occasion was indeed extremely critical ; and he could not have acted either way without blame. It is said that his own judgment was against any forcible measure, as he knew that many of those Indians were true friends to the colony ; and that, in case of failure, he should expose the country to their resentment ; but had he not assisted the forces in the execution of their commission, (which was to seize all Indians who had been concerned widi Philip in the war) he must have fallen under censure, and been deemed accessary, by his neglect, to the mis- chiefs which might afterward have been perpetrated by them. In this dilemma, he finally determined to comply with the orders and expectations of government ; imagining that he should be able to satisfy those of the Indians whom he intended to dismiss, and that the others would be removed out of the way of doing any further mischief; but he had no suspicion that he was laying a snare for his own life. It was unhappy for him, that he was obliged in deference to the laws of his country, and the orders of government, to give offence to a people who, having no public judicatories and penal laws among themselves, were unable to distinguish between a legal punishment and private malice.* Two days after this surprisal, the forces proceeded on their route to the eastward, being joined with some of Waldron's and Frost's men ; and taking with them Blind Will, a sagamore of the Indians who lived about Cochecho, and eight of his people for pilots. The eastern settlements were all either destroyed or de- serted, and no enemy was to be seen ; so that the expedition proved fruitless, and the companies returned to Pascataqua. It was then thought advisable, that they should march up to- * The above accovint of the seizure of the Indians is (jiven from the most authentic and credible tradition that conld be obtained witliin tlie last sixteen years, from the posterity of those persons who were concerned in the aftair. It is but just mentioned by Hubbard and Mather, and not in connexion with its consequences. Neal, for want of better information, has given a wrong- turn to the relation, and so has Wynne who copies from him. Hutchinson has not mentioned it nt all. 1C76.] UNION WITH MASSACHUSETTS. 77 ward the Ossipee ponds ; where tlie Indians had a strong fort of timber fourteen feet high, widi flankarts ; which they had a few years belore hired some English carpenters to build for them, as a defence against the Mohawks, of whom they were always afraid. It was thought that if the Indians could be surprised on their first return to their head-quarters, at die beginning of winter, some considerable advantage might be gained against them ; or if they had not arrived there, that the provisions, which they had laid in for their winter subsistence, might be destroyed. Accordingly, the companies being well provided for a march at that season, set off on the first of November ; and after travelling four days through a rugged, mountainous wilderness, and crossing several rivers, they arrived at the spot ; but found the fort and adjacent places entirely deserted, and saw not an Indian in all die way. Think- ing it needless for the whole body to go further, the weather being severe, and the snow deep, a select party was detached eighteen or twenty miles above ; w'ho discovered nothing but frozen ponds, and snowy mountains ; and supposing die Indians had taken up their winter quarters nearer the sea, they returned to Newich- wannock, within nine days from their first departure. They had been prompted to undertake this expedidon hy the false accounts brought by Mogg, an Indian of Penobscot, W'ho had come in to Pascataqua, with a proposal of peace ; and had re- ported that an hundred Indians were assembled at Ossipee. This Indian brought with him two men of Portsmouth, Fryer* and Kendal, who had been taken on board a vessel at the eastward ; he was deputed by the Penobscot tribe to consent to articles of pacification ; and being sent to Boston, a treaty was drawn and subscribed by the governor and magistrates on the one part, and by Mogg on the other ; in which it was stipulated, that if the In- dians of the other tribes did not agree to this transaction, and cease hostilides, they should be deemed and treated as enemies by both parties. This treaty was signed on the sixth of Novem- ber ; ]\Iogg pledging his life for the fulfilment of it. Accordingly, vessels being sent to Penobscot, the peace was ratified by Madok- awando the sachem, and two captives were restored. But Mogg, being incautiously permitted to go to a neighboring tribe, on pretence of pursuading them to deliver their captives, though he promised to return in three days, was seen no more. It was at first thought that he had been sacrificed by his countrymen, as he pretended to fear when he left the vessels ; but a cap- ^_ tive who escaped in January, gave a different account of him ; that he boasted of having deceived the English, and laughed * [James Fryer was the eldest son of Nathaniel Fryer, who was afterwards one of the council. He had received a wound in his knee from the Indians at Richmond's island, which proved mortal a few days after his return to liis father's house, at Great Island. Kendal, whose name accordiu4. and was the deputy of that town to the Court at Boston in 16.'j4, 1658, 1()60, 1661 and 1663. In 1658, he purchased a neck of land at the mouth of Saco river, and removed thither in 166.'), but returned to Portsmouth in 1676. He was appointed a counsellor under President Danfortli in l(i80,in wiiicli, or the following year, he died, leaving one son, James, and a daughter who married Seth Fletcher, minister of Saco.] 84 HISTORY OF NEW-HAMPSHIRE. [1678. paying an acknowledgment to the public treasury-^ This indul- gence, having been much abused by some of the eastern traders, who, far from the seat of government, were impatient of the re- straint of law, was supposed to be the source of the mischief. But it was afterward discovered that the Baron de St. Castine, a reduced French olHcer, who had married a daughter of Madok- awando, and kept a trading house at Penobscot, where he con- sidered himself as independent, being out of the limits of any established government, was the person from whom they had their supplies ; which needed not to be very great as they always husbanded their ammunition with much care, and never expended it but when they were certain of doing execution.^ The whole burden and expense of this war, on the part of the colonies, were borne by themselves. It was indeed thought strange by their friends in England, and resented by those in power, that they made no application to the king for assistance. It was intimated to them by Lord Anglesey, ' that his majesty ' was ready to assist them with ships, troops, ammunition or * money, if they would but ask it ;' and their silence was constru- ed to their disadvantage, as if they were proud, and obstinate, and desired to be considered as an independent state.^ They had indeed no inclination to ask favors from thence ; being well aware of the consequence of laying themselves under obligations to those who had been seeking to undermine their establishment ; and re- membering how they had been neglected in the late Dutch wars, when they stood in much greater need of assistance. The king had then sent ammunition to New-York, but had sent word to New-England, ' that they must shift for themselves and make ' the best defence they could. '^ It was therefore highly injurious to blame them for not making application for help. But if they had not been so ill treated, they could not be charged with disre- spect, since they really did not need foreign assistance. Ships of war arid regular troops must hav^e been altogether useless ; and no one who knew tlio nature of an Indian war could be serious in proposing to send them. Ammunition and money were neces- sary^, but as they had long enjoyed a free trade, and had coined the bullion which they imported, there was no scarcity of money, nor of any stores which money could purchase. The method of fighting with Indians could be learned only from themselves. After a little experience, few men in scattered parties were of more service than the largest and best equipped armies which Europe could have afforded. It ought ever to be remembered for the honor of New-England, that as their first settlement, so their preservation, increase, and defence, even in their weakest {\) Raiulolpli's Narrative in Hutchinson's col. papers, page 492. (2) Ibid, p. 502. (3) Hutch. History vol. i. p, 309. (4) Hutch, collection of papers, p. 506. 1678.] UNION WITH MASSACHUSETTS. 85 infancy were not owing to any foreign assistance, but luitler God, to their own magnanimity and perseverance. Our gravest historians have recorded many omens, predictions, and other alarming circumstances, during this and the Pecjuod war, which in a more philosophical and less credulous age would not be worthy of notice. When men's minds were rendered gloomy by the horrors of a surrounding wilderness, and the con- tinual apprehension of danger from its savage inhabitants } when they were ignorant of the causes of many of the common appear- ances in nature, and were disposed to resolve every unusual ap- pearance into prodigy and miracle, it is not to be wondered that they should imagine they heard the noise of drums and guns in the air, and saw flaming swords and spears in the heavens,* and should even interpret eclipses as ominous. Some old Indians had intimated their apprehensions concerning the increase of the English, and the diminution of their own people, which any ra- tional observer in a course of forty or fifty jears might easily have foretold, without the least pretence to a spirit of prophecy ; yet these sayings were recollected, and recorded, as so many predic- tions by force of a supernatural impulse on their minds, and many persons of the greatest distinction were disposed to credit them as such. These things would not have been mentioned, but to give a just idea of the age. If mankind are now better enlight- ened, superstition is the less excusable in its remaining votaries. CHAPTER VI. Mason's renewed efforts. Randolph's mission and transactiona. Attempts for the trial of Mason's title. New-Hampshire separated from Massachu- setts, and made a royal province. Abstract of the commission. Remarks on it. Whilst the country was laboring under the perplexity and distress arising from the war, measures were taking in ,p,-r England to increase their difficulties and divide their at- tention. The scheme of selling the provinces of New-Hampshire and Maine to the crown being laid aside. Mason again jietitioned the king for the restoration of his property ; and the king refer- red the matter to his attorney general. Sir William .Tones, and his solicitor general. Sir Francis Winnington, who re- ^^ ported, that " John Mason, esq., grandfather to the petitioner, " by virtue of several grants from the council of New-England *[ The rays of the rising or setting sun. illuminating the edge of a cloud, frequently produce appearances of this kind. Marginal Note ot the Author in the corrected copy.] 86 HISTORY OF NEW-HAMPSHIRE. [1676. " under their common seal was instated in fee in sundry great " tracts of land in New-England, by the name of New-Hampshire ; " and that the petitioner being heir at law to the said John, iiad a " good and legal title to said lands. "^ Whereupon, a letter was fiir dispatched to the Massachusetts colony, requiring them to jyj A send over agents within six months, fully empowered to answer the complaints, which Mason and the heirs of Gorges had made, of their usurping jurisdiction over the territo- ries claimed by them ; and to receive the royal determination in that matter. Copies of the complaints were enclosed ; and Ed- ward Randolph, a kinsman of Mason, a man of great address and penetration, resolute and indefatigable in business, was charged with the letters, and directed by tiie Lords of Trade to make in- I quiry into the state of die country. When he arrived, ' he waited on Governor Leverett, who read the king's let- ter, with the petitions of INIason and Gorges, in council, Randolph being present, who could obtain no other answer than that " they would consider it."- He tlien came into New-Hampshire, and as he passed along, freely declared the business on which he was come, and publicly read a letter which Mason had sent to the inhabitants. — Some of them he found ready to complain of the govern- ment, and desirous of a change ; but the body of the people were highly enraged against him ; and the inhabitants of Dover, in public towji-meeting, ' protested against the claim of Mason ; de- ' dared Uiat they had honajide purchased their lands of the In- ' dians ; recognized their subjection to the government of Massa- ' chusetts, under whom they had lived long and happily, and by ' whom they were now assisted in defending their estates and * families against the savage enemy.' They appointed Major Waldron " to petition the king in their behalf, that he would in- " terpose his royal authority and afford them his wonted favor ; " that they might not be disturbed by Mason, or any other per- " son, but continue peaceably in possession of their rights under " the government of Massachusetts."-^ A similar petition was sent by the inhabitants of Portsmouth, who appointed *"'' ■ ' John Cutt and Richard Martyn, Esqrs., Captains Daniel and Stileman to draught and forward it."* When Randolph returned to Boston, he had a severe reproof from the governor, for publishing his errand, and endeavoring to raise discontent among the people. To which he made no other answer than that ' if he had done amiss, they might complain to * the king.'^ After about six weeks stay, he went back to England and re- ported to the king, that " he had found the whole country com- (1) MS. Copy in Stiperior^Court files. (2) Hutch, col. papers, p. 504. — (3) DovtT Records. (1) Portsmouth Records. (.')) Hut<;h. col. papers p. 510. 1676.] UNION WITH MASSACHUSETTS. 87 " plaining of the usurpation of the magistrates of Boston ; earn- " estly hoping and expecting that his majesty would not permit " them any longer to be oppressed ; but would give them relief "according to llie promises of the commissioners in 1GG5." — With the same bitterness of temper, and in the same strain of misrepresentation, he inveighed against the government in a long report to the Lords of Trade ; which farther inflamed the preju- dice that had long been conceived against the colony, and pre- pared the way for the separation which was meditated. After his departure, a special council being summoned, at which the elders of the churches were present, the question was proposed to them, " whether the best way of making answer to " the complaints of Gorges and Mason about the extent of their " patent, be by sending agents, or by writing only .^" To which they answered, " That it was most expedient to send agents, to " answer by way of information, provided they were instructed " with much care and caution to negotiate the affair with safety " to the country, and loyalty to his majesty, in the preservation " of their patent liberties." Accordingly, William Stoughton, af- terward lieutenant-governor, and Peter Bulkley, then speaker of the house of deputies, were appointed agents and sailed for Eng- land.i At their arrival, an hearing was ordered before the lords chief justices of the King's bench and common pleas; when ir^j^ the agents in the name of the colony disclaimed all title to the lands claimed by the petitioner, and to the jurisdiction beyond three miles northward of the river Merrimack, to follow the course of the river, as far as it extended.'^ The judges reported to the king, ' that they could give no opinion as to the right of soil, in ' the provinces of New-Hampshire and Maine, not having the ' proper parties before them ; it appearing that not the Massachu- ' setts colony, but the ter-tenants had the right of soil, and whole ' benefit thereof, and yet were not summoned to defend their tides. ' As to Mason's right of government within the soil he claimed, ' their lordships, and indeed his own counsel, agreed he had none ; ' the great council of Plymouth, under whom he claimed, having ' no power to transfer government to any. It was determined ' that the four towns of Portsmouth, Dover, Exeter and Hampton ' were out of the bounds of Massachusetts.'^ This report was ac- cepted and confirmed by the king in council. After this, at the request of the agents, Sir William Jones, the attorney general, drew up a complete state of the case to -^-.^ be transmitted to the colony ; by which it seems that he _ ^'A: 111 IT- • • -I 1-11 Sept. 18. had altered his opmion smce the report which he gave to the king in 1675, concerning the validity of Mason's tide.'* It was (1) Hutch. Hist. vol. i. p. 311. (2) Narrative of Allen's Title, p. 5.— (3) Hutch, vol. i. p. 317. (4) Hutch, vol. i. p. 317. 88 HISTORY OF NEW-HAMPSHIRE. [1679. also admitted that the title could be tried only on the place, there being no court in England that had cognizance of it. It became necessary then to the establishment of Mason's title, that a new jurisdiction should be erected, in which the king might direct the njode of trial and appeal at his pleasure. This being resolved upon, the colony of Massachusetts was informed, by a letter from the secretary of state, of the king's intention to ^ " separate New-Hampshire from their government, and re- quired to revoke all commissions which they had granted there, and which were hereby declared to be null and void.^ To prevent any extravagant demand, the king obliged the claimant to declare, under his hand and seal, that he would require no rents of the inhabitants for the time passed, before the twenty-fourth of June, 1679, nor molest any in their possessions for the time to come ; but would make out titles to them and their heirs forever, provided they would pay him sixpence in the pound, according to the yearly value of all houses which they had built and lands which they had improved. Things being thus prepared, a commission passed the great seal on the eighteenth of September, for the government of New- Hampshire ; which ' inhibits and restrains the jurisdiction exer- cised by die colony of Massachusetts over the towns of Ports- mouth, Dover, Exeter and Hampton, and all other lands extend- ing from three miles to the northward of the river Merrimack and of any and every part thereof, to the province of Maine ; constitutes a president and council to govern the province ; ap- points John Cutt, esq., president, to continue one year, and till another be appointed by the same authority ; Richard Martyn, William Vaughan, and Thomas Daniel of Portsmouth, John Gil- man of Exeter, Christopher Hussey of Hampton and Richard Waldron of Dover, esquires, to be of the council, who were au- thorised to choose three oUier qualified persons out of the sev- eral parts of the province to be added to them. The said pres- ident and every succeeding one to appoint a deputy to preside in his absence ; the president or his deputy with any five to be a quorum. They were to meet at Portsmoudi in twenty days af- ter the arrival of the commission, and publish it. They were constituted a court of record for the administration of justice, according to the laws of England, so far as circumstances would permit ; reserving a right of appeal to the king in council for actions of fifty pounds value. They were empowered to appoint military officers, and take all needful measures for defence a- gainst enemies. Liberty of conscience was allowed to all pro- testants, those of the church of England to be particularly en- couraged. For the support of government, they were to con- tinue the present taxes, till an assembly could be called ; to (1) H\itch. col. pap. 522. 1679.] UNION WITH MASSACHUSETTS. g^ ' which end, they were within three months to issue writs under ' the province seal, for calling an assembly, to whom the prenldenl ' should recommend the passing such laws as should establish their * allegiance, good order and defence, and the raising taxes in l ^ch ' manner and proportion as they should see fit. All laws to be ' approved by the president and council, and then to remain in ' force till the king's pleasure should be known, for which purpose, ' they should be sent to England by the first ships. In case of ' the president's death, his deputy to succeed, and on the death ' of a counsellor, the remainder to elect another, and send over ' his name, with the names of two other meet persons, that the ' king migiit appoint one of the three. The king engaged for ' himself and successors to continue the privilege of an assembly, ' in the same manner and form, unless by inconvenience arising ' therefrom he or his heirs should see cause to alter the same. If ' any of the inhabitants should refuse to agree with Mason or his ' agents, on the terms before mentioned, the president and council * were directed to reconcile the difference, or send the case stated * in writing with their own opinions, to the king, that he with his ' privy council might determine it according to equity.'^ The form of government described in this commission consid- ered abstractedly from the immediate intentions, characters, and connections of the persons concerned, appears to be of as simple a kind as the nature of a subordinate government and the liberty of the subject can admit. The people, who are the natural and original source of power, had a representation in a body chosen by them- selves ; and the king was represented by a president and council of his own appointment ; each had the right of instructing their repre- sentative, and the king had the superior prerogative of disannulling the acts of the whole at his pleasure. The principal blemish in the commission was the right claimed by the king of discontinuing the representation of the people, whenever he should find it incon- venient, after he had solemnly engaged to continue this privilege. The clause, indeed, is artfully worded, and might be construed to imply more or less at pleasure. Herein, Charles was consistent with himself, parliaments being his aversion. However, there was in this plan as much of the spirit of the British constitution as there could be any foundation for in such a colony ; for here was no third branch to form a balance between the king or his representatives, and the people. The institution of an house of peers in Britain was the result of the feudal system : the barons being lords of the soil and enjoying a sovereignty within their own territories and over their own vassals ; the constitution was formed by the union of these distinct estates under one common sovereign. But there was nothing similar to this in New-England. The set- tlements began here by an equal division of property among ind©- (1) Commission. 14 90 HISTORY OF NEW-HAMPSHIRE. [1679. pendent freemen. Lordship and vassalage were held in abhor- rence. The yeomanry were the proprietors of the soil and the natural defenders of their own rights and property ; and they knew no superior but the king. A council, wliether appointed by him or chosen by the people could not form a distinct body, because they could not be independent. Had sucii a simple form of colony government been more generally adopted, and perse- veringly adhered to, and administered only by the most delicate hands, it might have served better than any other, to perpetuate the dependence of the colonies on the British crown. CHAPTER Vn. The administration of the first council. Opposition to the acts of trade. — Mason's arrival. Opposition to him. His departure. State of trade and navigation. The commission was brought to Portsmouth on the first of January, by Edward Randolph,^ than whom there could not be a 1 fiftn 'i^o''*3 unwelcome messenger. It was received with great reluctance by the gentlemen therein named ; who, though they were of the first character, interest and influence, and had sustained the principal offices civil and military under the colony government;*- yet easily saw that their appointment was not (1) Council Records. (2) Fitch's MS. * The president John Cutt was a principal merchant, of great probity and esteem in Portsmouth ; but then aged and infirm. Richard Martyn, was of good character, and great influence. He had been very active in procuring the settlement of a minister in the town of Ports- mouth. Williavfi Vaughan was a wealthy merchant, generous and public spirited, and of undaunted resolution. He was of Welch extraction, but was bred in London under Sir Josiah Child, who had a gre.at regard for him, and whose interest he made use of for the good of the province. Thomas Daniel, was a person of such note and importance, that when he died in a time of general sickness and mortality, Mr. Moodey preached his funeral sermon from 2 Sam.ii. 30. " There lacked of David's servants, nine- teen men and Asahel." Fitch's MS. John Gibnan, was a principal man in Exeter, as was Christopher Ilussey, in Hampton. [Christoplier Hussey was born in Darking, in Surry, came to New-England as early as 1G34, in which year he was admitted a freeman by the Massachusetts colony. He settled at Hampton in 1038, and represented that town in the General Court in J Gad, 1659 and ItUJO. In KiS"), he was cast away and lost on the coast of Florida. He had three sons. Stephen, born in 1630, who died in Nantucket in 17].^, aged tii<; John, who removed to New- Castle in Delaware, and Joseph, who remained in Hampton, and was the representative in l(i72. Lewis, Hist. Lynn, 29.] Richard H'aldron, was a native of Somersetshire, and one of the first set- tlers in Dover. He was much respected and eminently useful, having sus- tained divers important offices civil and militar^v, and approved his courage and- fidelity in the most hazardous enterprises. IGSO.] PROVINCE. JOHN CUTT. 91 from any respect to them or favor to the people ; but merely to obtain a more easy introduction to a new form of government, for a particular purpose, which they knew would be a source of per- plexity and distress. They would gladly have declined acting in their new capacity ; but considering the temper of the government in England, the unavoidable necessity of submitting to the change, and the danger (upon their refusal) of others being appointed who would be inimical to the country, they agreed to qualify themselves, determining to do what good, and keep off what harm they were able. They therefore published the commission, and took the oaths on the twent3^-first day of January, which was the utmost time limited, and published the commission the next day. ^ Agreeably to the royal direction, they chose three other gentlemen into the council ; Elias Stileman of Great Island, who had been a clerk in the county courts, whom they now appointed secretary, Samuel Dalton of Hampton, and Job Clements of Dover. The president nominated Waldron to be his deputy or vice president ; Martyn was appointed treasurer, and John Roberts, marshal. This change of government gratified the discontented few, but was greatly disrelished by the people in general ; as they saw themselves deprived of the privilege of choosing their own rulers, which was still enjoyed by the other colonies of New-England, and as they expected an invasion of their property soon to follow. When writs were issued for calling a general assembly, the persons in each town who were judged qualified to vote were named in the writs ;* and the oath of allegiance was administered to each voter. A public fast was observed, to ask the di- p . gg vine blessing on the approaching assembly, and " the con- " tinuance of their precious and pleasant things." The assem- bly! "^6t at Portsmouth on the sixteenth of March, and was open- ed with prayer and a sermon by Mr. Moodey. To express their genuine sentiments of the present change, and invalidate the false reports which had been raised against (1) Council Records. * Tlie number of qualified voters in each town was, In Portsmouth 71 Dover 61 Hampton 57 Exeter 20 209 t The Deputies in this first Assembly were, for Portsmouth. Hampton. Robert Elliot, Anthony Stanyan, Philip Lewis, Tlionias Marston, Jolin Pickering. Edward Gove. Dover. Er.etcr. Peter Coffin, Bartholeniew Tippen, Anthony Nutter, Ralph Hall. Richard Waldron, jun. 93 HISTORY OF NEW-HAMPSHIRE [1680. them, as well as to shew their gratitude and respect to their form- er protectors, they wrote to the general court at Boston, " ac- *' knovvledging the kindness of that colony in taking them under " their protection and ruling them well ; assuring them, that it " was not any dissatisfaction vvidi their government, but merely " their submission to divine providence and his majesty's com- " mands, without any seeking of their own, which induced them " to comply with the present separation, which they should have " been glad had never taken place ; signifying their desire that " a mutual correspondence might be continued for defence against " the common enemy, and offering their service when it should " be necessary, "*i Their next care was to frame a code of laws, of which the first, conceived in a style becoming freemen, was " that no act, " imposition, law or ordinance should be made or imposed upon " them, but such as should be made by the assembly and approved " by the president and council." Idolatry, blasphemy, treason, rebellion, wilful murder, manslaughter, poisoning, witchcraft, sod- omy, bestiality, perjury, man-stealing, cursing and rebelling against parents, rape and arson were made capital crimes. The other penal laws were in their main principles the same that are now in force. To prevent contentions that might arise by reason of the late change of government, all townships and grants of land were confirmed, and ordered to remain as before ; and contro- versies about the titles of land were to be determined by juries chosen by the several towns, according to former custom. The president and council with the assembly were a supreme court of Judicature, with a jury when desired by the parties ; and three inferior courts were constituted at Dover, Hampton and Ports- mouth.^ The military arrangement was, one foot company in each town, one company of artillery at the fort, and one troop of horse, all under the command of Major Waldron. During this administration, things went on as nearly as possible in the old channel, and with the same spirit, as before the sepa- ration. A jealous watch was kept over their rights and privileges, and every encroachment upon them was withstood to the utmost. The duties and restrictions established by the acts of trade and (1) Council Records. (2) MS. Laws. * This letter fully sliews tlie absurdity of the reason assigned by Douglass in his Summary, vol. ii. page 2"^. for erecting tliis new government. '• The " proprietors and inhabitants of New-Hampshire not capable of protecting " themselves against the Canada Krencli and their Indians, desired of the " crown to take them under its immediate protection." A random assertion, unsupported by any proof and contrary to plain fact ! The crown could af- ford them no protection against Indians. With tlie French, the crown was in alliance, and the nation was at peace. [Tlie Letter of the General Assembly of N. H., addressed '• to the honourable Governour and Council of tlie Ma«- Bachusetts Colony to be rommunicated to the General Court," is given en- tire by Mr. Adams, Annals of Portsmouth, 05 — G7.] 1680.] PROVINCE. JOHN CUTT. jJ3 navigation were universally disgustful, and tiie more so as Ran- dolph was appointed collector, surveyor and searcher of the cus- toms throughout New-England. In the execution of his com- mission, he seized a ketch belonging to Portsmouth, but bound from Maryland to Ireland, which had put into this port for a few days. The master, Mark Hunking, brought an ac- tion against him at a special court before the president and coun- cil, and recovered damages and costs to the amount of thirteen pounds. Randolph behaved on this occasion with such insolence^ that the council obliged him publicly to acknowledge his offence and ask their pardon. He appealed from their judgment to the king; but what the issue was doth not appear. ^ Having consti- tuted Captain Walter Barefoole his deputy at this port, an adver- tisement was published requiring that all vessels should be entered and cleared with him. Upon which, Barefoote was brought to examination, and afterward indicted before the president ^ ^j^„ and council, for ' having m an high and presumptuous ^^^ t^' * manner set up his majesty's office of customs without ' leave from the president and council ; in contempt of his majesty's ' authority in this place ; for disturbing and obstructing his majes- * ty's subjects in passing from harbor to harbor, and town to town ; ' and for his insolence in making no other answer to any question ' propounded to him but " my name is Walter." ' He was sen- tenced to pay a fine often pounds, and stand committed till it was paid. But though Randolph's authority was denied, yet they made an order of their own for the observation of the acts of trade, and appointed officers of their own to see them executed. They had been long under the Massachusetts government, and learned their political principles from them ; and as they had been used to think that all royal authority flowed in the channel of the charter, so they now thought that no authority derived from the crown could be regularly exercised in the province but through their commission. In this, they reasoned agreeably not only to their former principles, but to their fundamental law, to which they steadily adhered, though they had no reason to think it would be allowed by the crown ; and though they knew that a rigid adher- ence to rights, however clear and sacred, was not the way to re- commend themselves to royal favor. But they were not singular in these sentiments, nor in their opposition to the laws of trade. Randolph was equally hated, and his commission neglected at Boston ; where the notary refused to enter his protest against the proceedings of the court ; and he was obliged to post it on the exchange.- In the latter end of the year. Mason arrived from England with a mandamus, requiring the council to admit him to a seat p^j. 3Q at the board, which was accordingly done. He soon en- -_ tered on the business he came about ; endeavoring to pcr- (l) Council Records and Files. (2) MSS. in filas. 94 HISTORY OF NEW-IIAMPSIIIRK. [1G81. suade some of the people to take leases of him, threatening others if they did not, forbidding them to cut firewood and timber, as- serting his right to the province and assuming the title of lord- protector. His agents, or stewards as they were called, had ren- dered themselves obnoxious by demanding rents of several per- sons and threatening- to sell their houses for payment. These proceedings raised a general uneasiness ; and petitions were sent from each town, as well as from divers individuals, to the council for protection ; who, taking up the matter judicially, published an order prohibiting Mason or his agents at their peril to repeat such irregular proceedings, and declaring tiieir intention to transmit the grievances and complaints of the people to the king. Upon this, Mason would no longer sit in council, though desired, nor appear when sent for ; when they threatened to deal with him as an of- fender, he threatened to appeal to the king, and published a sum- mons to the president and several members of the council, and others to appear before his majesty in three months. This was deemed " an usurpation over his majesty's audiority here ^ ^^' ■ " established," and a warrant was issued for apprehending him ; hut he got out of their reach and went to England. During these transactions, president Cutt died, and Major . . r Waldron succeeded him, appointing Captain Stileman for ''^* ''■ his deputy, who had quitted his place of secretary upon the appointment of Richard Chamberlain to that office by royal Dec. 30. commission. The vacancy made in the council by the 1C80. president's death was filled by Richard Waldron, junior. On the death of Dalton, Anthony Nutter was chosen. Henry Dow was appointed marshal in the room of Roberts who re- signed. During the remainder of the council's administration, the com- mon business went on in the usual manner, and nothing remark- able is mentioned, excepting another prosecution of Barefoote, with his assistants, William Haskinsand Thomas Thurton for seizing a vessel " under pretence of his majesty's name, " without the knowledge of the authority of the province, and " without shewing any breach of statute though demanded." Barefoote pleaded his dej)utation from Randolph ; but he was amerced twenty pounds to be respited during his good behaviour, and his two assistants five pounds each ; the complainant being left to the law for his damages. This affair was carried by appeal to the king ; but the issue is not mentioned. It will be proper to close the account of this administration with a view of the state of the province as to its trade, improvements and defence, from a representation thereof made by the council to the lords of trade, pursuant to their order. " The trade of the province, (say they) is in masts, planks, boards and staves and all other lumber, which at present is of little value in other plantations, to which they are transported ; so 1G82.] PROVINCE. RICHARD WALDRON. 95 that we see no other way for the advantage of the trade, unless his majesty please to make our river a free port. " Importation by strangers is of little value ; ships commonly selling their cargoes in other governments, and if they come here, usually come empty to fill with lumber : but if haply they are at any time loaded with fish, it is brought from other ports, there being none made in our province, nor likely to be, until his maj- esty please to make the south part of the Isles of Shoals part of this government, they not being at present under any.* " In reference to the improvement of lands by tillage, our soil is generally so barren, and the winters so extreme cold and long that there is not provision enough raised to supply the inhabitants, many of whom were in die late Indian war so impoverished, their houses and estates being destroyed, and they and others remain- ing still so incapacitated for the improvement of the land, (several of the youth being killed also) that they even groan under the tax or rate, assessed for that service, which is, great part of it, unpaid to this day.f " There is at the Great Island in Portsmouth, at the harbor's mouth, a fort well enough situated, but for the present too weak and insufficient for the defence of the place ; the guns being eleven in number are small, none exceeding a sacre (six pound- er) nor above twenty-one hundred weight, and the people too poor to make defence suitable to the occasion that may happen for the fort. " These guns were bought, and the fortification erected, at the" proper charge of the towns of Dover and Portsmouth, at the be- ginning of the first Dutch war, about the year 1G65, in obedience to his majesty's command in his letter to the government under which this province then was. " There are five guns more lying at the upper part of Ports- mouth, purchased by private persons, for their security and de- * When these islands were first settled is uncertain, but it must have been very early, as they are most commodiously situated for the fishery, which was a principal object with the first settlers. Wliile New-Hampshire was united to Massachusetts, tliey were under the same jurisdiction, and the town there erected was called Appledore. (Mass. Rec.) They are not named in Cutt's nor Cranfield's commission : but under Dudley's presidency, causes were brought from thence to Portsmouth, which is said to be in the same county. In Allen's and all succeeding commissions, they are particularly mentioned ; the south half of them being in New-Hampshire. + Taxes were commonly paid in lumber or provisions at stated prices ; and whoever paid them in money was abated one-third part. The prices in lUfciO, were as follows : Merchantable white pine boards per in. 30s. White Oak pine staves per ditto £3. Red Oak ditto per ditto 3()s. Red Oak Hhd. ditto per ditto 258. Indian Corn per bushel 3s. Wheat per ditto r>s. Malt per ditto 4s. N. B. Silver was 6s. and 8d. per oz. <)fi HISTORY OF NblW-HAMPSHIRE. [1682. frnce against ihc Indians in the late war with them, and whereof the owners may dispose at their pleasure. To supply the fore- said defect and weakness of the guns and fort, we humbly suppli- cate his majesty to send us such guns as shall be more serviceable, with powder and shot." By an account of the entries in the port annexed to the above, it appears, that from the fifteenth of June 1680, to the twelfth of April 1681, were entered, twenty-two ships, eighteen ketches, two barks, tiiree pinks, one shallop and one fly-boat ; in all forty- seven.' CHAPTER VIII. The administration of Cranfiold. Violent measures. Insurrection, trial and imprisonment of Gove. Mason's suits. Vauohan's imprisonment. Pros- erution of Moodey and his imprisonment. Arbitrary proceedings. Com- plaints. Tumults. Weare's agency in England. Cranlield's removal. Barefoote's administration. Experience having now convinced Mason, that the govern- inent which he had procured to be erected, was not likely to be administered in a manner favorable to his views, he made it his business, on his return to England, to solicit a change ; in conse- quence of which it was determined to commission Edward Cran- field, Esq., lieutenant-governor and commander in chief of New- Hampshire. By a deed enrolled in the court of chancery, Mason surrendered to the king one fifth part of the quit-rents, which had or should become due. These, with the fines and forfeitures which had accrued to the crown since the estab- lishment of the province, and which should afterward arise, were appropriated to the support of the governor. But diis being deemed too precarious a foundation. Mason by another deed mortgaged the whole province to Cranfield, for twenty -one years, as security for the payment of one hundred and fifty pounds per annum, for the space of seven years.^ On this encouragement, Cranfield relinquished a profitable office at home, with the view of bettering his fortune here.*^ By the commission, which bears date the ninUi of May, the governor was empowered to call, adjourn, prorogue and dissolve general courts ; to have a negative voice in all acts of government ; to suspend any of the council when he should see just cause (and every counsellor so suspended was declared incapable of being elected into the general assembly ;) to appoint a deputy-governor, judges, justices, and other officers, by his sole authority ; and to (1) Council Record.s. (2) MSS. in the files. (H) Fitchs MS. 1682.] PROVINCE. EDWARD CRANFIELD. 97 execute the powers of vice-admiral. The case of Mason was recited nearly in the same words as in the former commission, and the same directions were givento the governor to reconcile dif- ferences, or send cases fairly stated to the king in council for his decision. The counsellors named in this commission were Ma- son, who was styled proprietor, Waldron, Daniel, Vaughan, Mar- tyn, Oilman, Stileman and Clements : these were of the former council, I nd to diem were added Walter Barefoote, and Richard Chamberlain. Cranfield arrived and published his commission on die fourth of October, and within six days, Waldron and Martyn were sus- pended from the council, on certain articles exhibited against them by Mason. ^ This early specimen of the exercise of power must have been intended as a public affront to them, in revenge for their former spirited conduct ; otherwise their names might have been left out of the commission when it was drawn. The people now plainly saw the dangerous designs formed a- gainst them. The negative voice of a governor, his right of sus- pending counsellors, and appointing officers, by his own authority, were wholly unprecedented in New-England ; and they had the singular mortification to see the crown not only appointing two branches of their legislature, but claiming a negative on the elec- tion of their representative, in a particular case, which might sometimes be essentially necessary to their own security. They well knew that the sole design of these novel and extraordinary powers was to facilitate the entry of the claimant on the lands, which some of them held by virtue of grants from the same au- thority, and which had all been fairly purchased of the Indians ; a right which they believed to be of more validity than any other. Having by their own labor and expense subdued a rough wilder- ness, defended their families and estates against the savage enemy, without the least assistance from the claimant, and held possession for above fifty years ; they now thought it hard and cruel, that when they had just recovered from the horrors of a bloody war, they should have their hberty abridged, and their property de- manded, to satisfy a claim which was at best disputable, and in their opinion groundless. On the other hand, it was deemed un- just, that grants made under the royal authority should be disre- garded ; and that so great a sum as had been expended by the ancestor of the claimant, to promote the settlement of the country, should be entirely lost to him ; especially as he had foregone some just claims on the estate as a condition of inheritance.^ Had the inhabitants by any fraudulent means impeded the designs of the original grantee, or embezzled his interest, there might have been a just demand for damages ; but the unsuccessfulness of that ad- venture was to be sought for in its own impracticability ; or the (1) Council Records. (2) Mason's Will. 15 98 HISTORY OF NEW-HAMPSHIRE. [1682. negligence, inability or inexperience of those into whose hands the management ot it fell after Captain Mason's death, and dur- ing the minority of his successor. An assembly being summoned, met on the fourteenth of Nov- ember ; with whose concurrence a new body of laws was enacted, in some respects different from the former ; the fundamental law being omitted and an alteration made in the appointment of jurors, which was now ordered to be done by the sheriff, after the custom in England.^ Cranfield, who made no secret of his intention to enrich him- self by accepting the government, on the first day of the assembly restored Waldron and Martyn to their places in the council ; hav- ing, as he said, examined the allegations against them and found them insufficient.^ In return for this show of complaisance, and taking advantage of his needy situation, the assembly having ordered an assessment of five hundred pounds, appropriated one half of it as a present to the governor ; hoping tliereby to detach him from Mason, who they knew could never comply with his engagements to him. Preferring a certainty to an uncertainty, he passed the bill, though it was not presented to him till after ' he had given order for adjourning the court, and after Mason, Barefoote and Chamberlain were withdrawn from the council.^ This appearance of good humor was but short-lived ; for at the next session of the assembly, the governor and council having ifiR'^ tendered them a bill for the support of government, which J n '^0 ^^^^y "^'^ "°'' ^PP^'ove, and they having offered him several bills which he said were contrary to law, he dissolved them ; having previously suspended Stileman from the council and dis- missed him from the command of the fort, for suffering a vessel under seizure to go out of the harbor. Barefoote was made cap- tain ot the fort in his room.'* The dissolution of the Assembly, a thing before unknown, ag- gravated the popular discontent, and kindled the resentment of some rash persons in Hampton and Exeter ; who, headed by Edward Gove, a member of the dissolved assembly, declared by sound of trumpet for " liberty and reformation." There had been a town meeting at Hampton, when a new clerk was chosen and their records secured. Gove went from town to town pro- claiming what had been done at Hampton, carrying his arms, declaring that the governor was a traitor and had exceeded his commission, and that he would not lay down his arms, till matters were set right, and endeavoring to excite the principal men in the province to join in a confederacy to overturn the government. His project appeared to them so wild and dangerous, that they not (1) MS. Laws. (2) Vaughan's Journal. Council Records. (3) MSS. in the files. (4) Council Records. ICSJ.J PROVINCE. EDWARD CRANFIELD. 99 only disapproved of it, but informed against him and assisted in apprehending him. Hearing of their design, he collected his company, and appeared in arms ; but on the persuasion of some of his friends he surrendered. A special court was immediately commissioned for his trial, of which Major Waldron sat as judge, with William Vaughan and Thomas Daniel assistants. The grand jury presented a bill, in which Edward Gove, John Gove, his son, and William Hely, of Hampton ; Joseph, John and Robert Wadleigh, three brothers, Thomas Rawlins, ]Mark Baker and John Sleeper, of Exeter, were charged with high-treason. Gove, who behaved with great insolence before the court, and pretended to justify what he had done, was convicted and received sentence of death in the usual hideous form ; and his estate was p , j seized, as forfeited to the crown. The others were con- victed of being accomplices, and respited.^ The king's pleasure being signified to the governor that he should pardon such as he judged objects of mercy ; they were all set at liberty but Gove, who was sent to England, and imprisoned in the tower of Lon- don about three years. On his repeated petitions to the king, and by the interest of Randolph with the Earl of Clarendon, then lord chamberlain, he obtained his pardon and returned home in 1686, with an order to the tlien president and council of New- England to restore his estate. Gove in his petitions to the king pleaded " a distemper of mind" as the cause of those actions for which he was prosecuted. He also speaks in some of his private letters of a drinking match at his house, and that he had not slept for twelve days and nights, about that time.- When these things are considered, it is not hard to account for his conduct. From a letter which he wrote to tho court while in prison, one would suppose him to have been dis- ordered in his mind.* His punishment was by much too severe, (1) Records of Special Courts. (2) Gove's papers. " [The letter alluded to, addressed to the justices of the court of sessions, and found in the Recorder's office, was copied by Dr. Belknap, for the Ap- pendix to the first volume, but it was, with several other papers, excluded for want of room. It is here added, printed from the copy made by the author. " A Letter from Edward Gove in Prison to the Justices of the Court of Sessions. From the great Island in Portsmouth in New-PIampshire, 29 Jany. 1682-3. To the much bond. Justices of the Peace as you call yourselfs by your indite- ment, in which eleven mens names subscribed namelv Ed. Gove, John Gove, Jo. Wadly, John Wadly, Rob. Wadly, Ed. Smith, Will. Ely, Tho. Rawlins, John Sleeper, Mark Baker, John Young. Gentlemen excuse me I cannot petision you as persons in authority by the name of Juslises of the peace, for now 1 am upon a serious account for my Life and the Life of those that are witli me. Therefore pray consider well and take good advice of persons in Government from whence you came. I pray God that made the Heavens, the Earth, the sease and all that in them is to give you wisdom and corag in your plases to discharg such duty as God requires of you and 2dly I hartyly pray God to direct you to do that which our grasious i though he immediately dissolved it, because several of the members were those whom he had formerly order- ed to be made constables. At the same time, in his letters to the secretary of state, he represented the assembly as persons of such a mutinous and rebellious disposition, that it was not safe to let them convene ; that they had never given any thing toward the support of government ; that he was obliged to raise money with- out them ; and that it was impossible for him to serve his majes- ty's interest without a ship of war to enforce his orders ; and final- ly, he desired leave to go to the West-Indies for the recovery of his health. When this business was despatched, warrants were issued for collecting the taxes ; which caused fresh murmurings and discontent among the people. But however disaffected to the governor and his creatures, they were always ready to testify their obedience to the royal orders ; an instance of which occurred at this time. The seas of Ameri- ca and the West-Indies being much infested with pirates, the king sent orders to all the governors and colony assemblies, directing acts to made for the suppressing of piracy and robbery on the QQ high seas. Cranfield, having received this order, summon- ' ed an assembly ; and though it consisted almost entirely of the same persons who were in the last ; he suffered them to pass the act, and then quietly dissolved them :^ this was the last assembly that ever he called. The tax-bills were first put into the hands of the newly made constables ; who soon returned them, informing the governor that the people were so averse to the method, that it was impossible to collect the money. The provost, Thomas Thurton, was then commanded to do it, with the assistance of his deputies and the constables. The people still refusing compliance, their cattle and goods were taken by distraint and sold by auction. Those who would neither pay nor discover their goods to the officers, were apprehended and imprisoned ; and some of the constables, who refused to assist, suffered the same fate. The more considerate of the people were disposed to bear these grievances, though highly irritating, till they could know the result of their applica- tions to the king. But in a country where the love of liberty had ever been the ruling passion, it could not be expected but that some forward spirits would break the restraints of prudence, and take a summary method to put a stop to their oppressions. Sev- eral persons had declared that they would sooner part with their lives, than suffer distraints ; and associations were formed for mu- ^ 20 tual support. At Exeter, the sheriff was resisted and driven off with clubs ; the women having prepared hot spits and scalding water to assist in the opposition, as Thurton lesti- (1) Council Records and files. 1684.1 TROVINCE. EDWARD CRANFIELD. m fied in his deposition on the occasion. At Hampton, he was beaten, and his sword was taken from him ; then he was seated on a horse, and conveyed out of the province to Salisbury, with a rope about his neck and his feet tied under the horse's belly. Justice Robie attempted to commit some of the rioters ; but they were rescued by the way, and both the justice and the sheriff were struck in the execution of their office. The troop of horse, under Mason's command, was then ordered to turn out completely mounted and armed, to assist in suppress- ing the disorders ; but when the day came, not one trooper ap- peared.^ Cranfield thus finding his efforts ineffectual, and his au- thority contemptible was obliged to desist. The agent had been a long time in England, waiting for the depositions, which were to have been transmitted to him, in sup- port of the complaint which he was to exhibit. Cranfield and his creatures here did all that they could, to retard the business; first by imprisoning Vaughan, and then by refusing to summon and swear witnesses when applied to by others ; who were obliged to go into the neighboring governments, to get their depositions au- thenticated ; and after all, the proof was defective, as they had not access to the public records. The agent, however, exhibited his complaint against Cranfield in general terms, "^ consisting of eight articles. ' That he had engrossed the power ' of erecting courts, and establishing fees exclusive of the assem- * bly : That he had not followed the directions in his commission * respecting Mason's controversy ; but had caused it to be decided ' on the spot by courts of his own constitution, consisting wholly • of persons devoted to his interest : That exorbitant charges had ' been exacted and some who were unable to satisfy them had * been imprisoned : That others had been obliged to submit, for ' want of money to carry on the suits : That he had altered the • value of silver money : That he had imprisoned sundry persons ' without just cause : That he, with his council, had assumed leg- * islative authority, without an assembly ; and. That he had done • his utmost to prevent the people from laying their complaints • before the king, and procuring the necessary evidence. '^ The complaint was, in course, referred to the board of trade ; who transmitted copies of it, and of the several proofs, to Cranfield, and summoned him to make his defence ; di- "^ recting him to deliver to the adverse party, copies of all the affi- davits which should be taken in his favor ; to let all persons have free access to the records ; and to give all needful assistance to them in collecting their evidence against him.^ When he had received this letter, he suspended Mason's suits, till the question concerning the legality of the courts should be decided. He also ordered the secretary to give copies to those (1) MSS. in files. (2) Weare's MSS. (3) Ibid. 112 HISTORY OF NEW-HAMPSHIRE. [1685. who should apply for them. At the same time, it was complained that the people, on their part, had been equally reserved, in se- creting the records of the several towns ; so tliat Mason, upon inquiry, could not find where they were deposited ; and the town clerks, when summoned, had solemnly sworn that they knew neither where the books were concealed, nor who had taken them out of their possession. ^ The necessary evidence on both sides being procured, a new .^Qc complaint was drawn up, consisting of twelve articles, which were, 'That at the first session of the assembly, Cranfield had challenged the power of legislation and settlement of the affairs to himself, against the words of the commission : That he had by purchase or mortgage from Mason, made him- self owner of the province, and so was not likely to act impar- tially between Mason and the inhabitants : That he had made courts, whereof both judges and jurors had agreed with Mason for their own lands, and some had taken deeds of him for other men's lands, so that they were engaged by their interest to set up Mason's title : That Mason had sued forty persons, and cast all ; and diat the governor's interposal to state the cases, as by his commission he was directed, had been refused though de- sired ; and that the defendants pleas, grounded on the laws of England, were rejected : That they could not reconcile the ver- dict with the attachment, nor the execution with the verdict, nor their practice under color of the execution with either ; that the verdict found the lands sued for according to the royal commis- sion and instructions, and that commission only gave power to state the case, if Mason and the people could not agree ; but the execution took land and all : That the charge of every ac- tion was about six pounds, though nothing was done in court, but reading the commission and some blank grants without hand or seal ; and these were not read for one case in ten : That court charges were exacted in money, which many had not ; who though they tendered catde, were committed to prison for non-payment : That ministers, contrary to his majesty's com- mission, which granted liberty of conscience to all protestants, had their dues withheld from them, even those that were due before Cranfield came, and were threatened with six month's imprisonment for not administering the sacrament according to the liturgy ; that though the general assembly agreed that Span- ish money should pass by weight, the governor and council or- dered pieces of eight to pass for six shillings, though under weight : that men were commonly compelled to enter into bonds of great penalty, to appear and answer to what should be ob- jected against them, when no crime was alleged : that they had few laws, but those made by the governor and council, when his (1) MSS. in the Rlefl, i686.] PROVINCE, WALTER BAREFOOTE. J 13 * commission directed the general assembly to make laws : that * the courts were kept in a remote corner of the province ; and * the sheriff was a stranger and had no visible estate, and so was ' not responsible for faihues.'' Upon this complaint, an hearing was had before the lords of trade on Tuesday tlie tenth of March ; and their lordships report- ed to the king, on three articles only of the complaint, viz. 'Ti)at * Cranfield had not pursued his instructions with regard to Mason's * controversy ; but instead thereof, had caused courts to be held * and tit!es to be decided, with exorbitant costs ; and that he * had exceeded his power in regulating the value of coins.' This report was accepted, and the king's pleasure therein was signified to hiui. At the same time, his request for absence being granted, he, on receipt of the letters, privately embarked on board a vessel fjr Jamaica ; and from thence went to England, where he obtain- ed the collectorship of Barbadoes.- * At his departure, I3are- foote, the deputy-governor, took the chair ; which he held till he was superseded by Dudley's commission, as president of Nevv- JBnglaud. Cranfield's ill conduct must be ascribed in a great measure to his disappointment of the gains wiiich he expected to acquire, by the establishment of M;ison's title ; which could be his only in- ducement to accept of the government. This disappointment in- flaming bis temper, naturally vindictive and imperious, urged him to actions not only illegal, but cruel and unmanly. A ruler never de- grades his character more than when he perverts public justice to gratify personal resentinent ; he should punish none but the ene- mies of the laws, and disturbers of the peace of the commimity over which he presides. Had there been the least color, eidier of zeal or policy, for the seveiity exercised in the prosecution of Moodey, candor would oblige us (o make some allowance for human frailty. His ordering the members of the assembly to be made constables, was a mode of revenge disgraceful to the char- acter of the supreme magistrate.-^ From the same base disposition, he is said to have employed spies and pimps, to find matter of accusation against people in their clubs, and private discourse. (1) Weare's MSS. (2) Neal's Hist, and Fitch's MS. ^3) Neal, vol. 2, p. 39. * [The following note, from the Appendix of the second volume of the first edition of this history, may be here introduced. '• Since writing t'le first vol- ume, I have met with a gentleman of Jamaica, wiio is a great grandson of Lieut. Governor Cranfield. From him, I learned that Mr. Cranfield was of the family of '^ord ]\Ionteng!e, who was instrumental of discovering the pop- ish plot in the reign of James I. Tint after his departure from Ne^w-ttainp- ehire, and whilst he resided at Barbadoes, he suggested the expediency of the 4 and an half per cent, duty on sugars to the British government which was f ranted by tlie Assemblies of the islands, and has ever since been continued, 'hat in the reign of King William III., he procured a s'.iip of war, at his own expense, and presented it to the crown. Tliat he died about the beginnino' of the present century, [the eighteenth] and was buried in the Catbedr^ Chiirftix, at Bath, in England."] 17 114 HISTORY OF NEW-HAMPSHIRE [1685. And his deceit was equal to his malice ; for, being at Boston when the charter of that colony was called in question, and the people were solicitous to ward oft' the danger ; iic advised them to make a private offer of two thousand guineas to the king, promising to represent them in a favorable light j but when they, not suspecting his intention, followed his advice, and shewed him the letter which they had wrote to their agents for that purpose, he treacherously represented them as "disloyal rogues;" and made them appear so ridiculous that their agents were ashamed to be seen at court.^ However, when he had quitted the country, and had time for reflection, he grew ashamed of his misconduct, and whilst he was collector at liarbadoes, made a point of treat- ing the masters of vessels, and others persons who went thither from Pascataqua, with particular respect." Although the decision of titles in Cranfield's courts had been represented, in the report of the lords, as extrajudicial, and a royal order had been thereupon issued to suspend any fiirther proceedings in the case of Mason, till the matter should be brought before the king in council, pursuant to the directions in ihe com- mission ; yet Barefoote suffered executions, which had before been issued, to be extended, and persons to be imprisoned at Mason's suit. This occasioned a fresh complaint and petition to the king, which was sent by VVeare, who, about this time, made a second voyage to England, as agent for the province and attor- ney to Vaughan, to manage an appeal from several verdicts, judgments, decrees and fines which had been given against him in the courts here, one of which was on the title to his estate. ^ An attempt being made to levy one of the executions in Dover, a number of persons forcibly resisted the officer, and obliged him to relinquish his design.'* Warrants were then issued against the ri- oters, and the sherifl" with his attendants attempted to seize them, whilst the people were assembled for divine service. This caused an uproar in the congregation, in which a young heroine distin- guished herself by knocking down one of the officers with her bible. They were all so roughly handled that they were glad to escape with their lives. That nothing might be wanting to show the enmity of the peo- ple to these measures, and their hatred and contempt for the au- thors of them ; there are still preserved the original depositions on oath, of Barefoote and Mason, relating to an assault made on their persons by Thomas Wiggin and Anthony Nutter, .who had been J. „ membersof the assembly.-^ These two men came to Bare- ' foote's house, where Mason lodged, and entered into dis- course with him about his proceedings ; denying his claim, and using such language as provoked him to take hold of Wiggin, with (1) Hatch, vol. i. p 337 (2) Fit^h'e MS. (3) Weare's MSS. (4) MSS. in files. (5) Ibid. 1685.1 PROVINCE. WALTER BAREFOOTE. 115 an intention to thrust him out at the door. But Wiggin being a stronger man seized him by his cravat, and threw him into the (ire ; where his clothes and one of his legs ^Yere burned. Barefoote, attempting to help him, met with the same fate, and had two of his ribs broken and one of his teeth beaten out in the struggle. The noise alarmed the servants, who at Mason's command brought his sword, which Nutter took away, making sport of their misery.* Nothing else occurred during Barefoote's short administration, except a treaty of friendship, between the Indians of Penacook and Saco, on the one part, and the people of New-Hampshire and Maine, on the other. The foundation of this treaty seems to have been laid in Cranfield's project of bringing down the Mohawks on the eastern Indians ; which had once before proved a pernicious measure ; as they made no distinction between those tribes which were at peace with the English, and those which were at war. Some of the Penacook Indians who had been at Albany after Cranfield's journey to New- York, reported on their return, that the Mohav/ks threatened destruction to all the eastern Indians, from Narraganset to Pegypscot. Hagkins, a chief of the tribe, had informed Cranfield in the spring of the danger he apprehend- ed, and had implored assistance and protection, but had been treated with neglect. In August, the Penacook and Saco Indians gathered their corn, and removed their families ; which gave an alarm to their English neighbors, as if they were preparing for war. Messengers being sent to demand the reason of their movement, were informed that it was the fear of the JMohawks, whom they daily expected to destroy them ; and being asked why they did not come in among the English for protection, they answered lest the Mohawks should hurt tlie English on their ac- count. Upon this, they were persuaded to enter into an agree- ment ; and accordingly their chiefs being assembled with the council of New-Hampshire, and a deputation from the province of Maine, a treaty was concluded, wherein it was stipu- lated, that all future personal injuries on either side, should, upon * A farther specimen of the contempt in which these men were held, even by the lower class of people, expressed in their own genuine language, may be seen in the followintr affidavit : " Mary Rann, aged thirty years or thereabout, witnesseth, that the 21 day of March, '84. being in company with Seabank Hog,+ I heard her sa}' ; it was very hard for the governor of this province to strike Sam. Seavy before he spoke ; the said Hog said also that it was well the said Seavy's mother was not there for tiie governor, for if she had, there had been bloody work for him. 1 heard the said Hog say also, tiiat the governor and the rest of the gentlemen were a crew of pitiful curs, and did they want earthly honor .' if tjiey did, she would pull off her head clothes and come in her hair to them, like a parcel of pitiful beggarly curs as they were ; come to undo us both body and soul ; they could not be contented to take our estates from us, but they have taken away the gospel also, which the devil would have tiiem for it." " Sworn in the court of pleas held at Great Island the 7 of Nov. 1C84. R. Cii-v^iBKULAiN, Prothon." t [This name is Ilodg in the records of tlic Quarter Sessions.] 116 HISTORY OF NEW-HAMPSHIRE. [1680- complaint, be immediately redressed ; that information should be given of approaching danger from enemies; that the Indians shonld not remove their families from the neighborhood of the English without giving timely notice, and if they did, that it should be taken for a declaration of war; and, that whilst these articles were observed, the English would assist and protect them against the Mohawks, and all other enemies.' The danger was but im- aginary, and the peace continued about four years. Though Mason was hitherto disappointed in his views of re- covering the inhabited part of the province, he endeavored to lay a foundation for realizii5g his claim to the waste lands. A pur- chase having been made from the Indians, by Jonathan Tyng and nineteen others.* of a tract of land on both sides the river IVlerri- maek, six miles in breadth, from Souhegan river to Winnipiseogeo lake ; Mason by deed confirmed the same, reserving to himself . ^ and his heirs the yearly rent of ten shdlings. This was called the million acre purchase.^ About the same lime, he farmed out to Hezekiah Usher and his heirs, the mines, min- erals, and ores within the limits of New-Hampshire, for the term of one thousand years ; reserving to himself one quarter part of the royal ores, and one seventeenth of the baser sorts,-^ and having put his afFiirs here in the best order that tho times would admit, he sailefl for England, to attend the hearing of Vaughan's appeal to the king.f (1) Original MSS. in files. (2) Douglass, vol. i. p. 419. (3) Rec. of Deeds. * [The other purchasers were Joseph Dudley, Charles Lidget, John Usher, Edward Randolph, John Hubbard, Robert Thompson, Samuel Shrimpton, William Stouffhton, Richard Warton, Thomas Hinchman, Thaddens Maccar- ty, Edward Thompson, John Blackwell, Peter Bulkley, William Blathwayt, Daniel Cox, and •• three other persons to be hereafter named and agreed upon." Douglass, i. 420.] I [The town of Dunstable hiving been granted by Massachusetts, and settled for a number of years, ordained a minister at the close of the year IGdo. The members who united in forming tlie church were, Tiiomas Weld, Jonathan Tyng, John Blanchard, Cornelius Waldo, Samuel Warner, Obadiah Perry and Samuel French. Rev. Thomas Weld, the first named, graduated at Harvard college in 1G7I ; was ordained 16 December. 1G85, and died !) June, )702, in the .50th year of his age. He v/as son of Thomas Weld, of P..o.\-bury, and grandson of Rev. Thomas Weld, one of the first ministers •of\that town, who returned to England, and there died. Mr. Weld was succeeded in the min- istry at Dunstable by Rev, Nathaniel Prentice, who o-raduated at Harvard college in 1 71.5. He was ordained in 1718, and died 2o February, 1737. Dun- stable suiYered much from the Indians, as will appear in the course of this history. In the time of Philip's war, some of the inhabitants were obliged to leave their settlements and take up their residence in the older town3,°but I have met with no evidence showing that the town was at any time whollj abandoned Ly the inhabitants. Tiie early settlers of Dunstable were thoso above named, with Robert Parris, Thomas Cumings, Isaac Cumings, Joseph Hassell, Christopher Temple, John Goold, Samuel Goold, Christopher Read, John SolJendine, Thomas Lund. Daniel Waldo, Andrew Cook, and Samuel Whiting (son of Rev. Samuel Whiting, of Billerica) who was several years the town clerk, and who died in Billerica, 14 March, 1715, aged 53. On th» settlement of the divisionalline between the provinces of New-Hampshir* 1683.] GENERAL GOVERNMENT. J. DUDLEY. 117 CHAPTER IX. The administration of Dudley as President, and Andros as governor of New- England. Mason's fartlier attempt. His disappointment and death. Rev- olution. Sale to Allen. Ilia commission for the government. When an arbitrary government Is determined to infringe the liberty of the people, it is easy to find pretences to support the most unrighteous claims. King Charles the Second in the latter part of his reign was making large strides toward despotism. — Charters, which obstructed his pernicious views, were by a per- version of the law decreed forfeited. The city of London, and most of the corporations in England, either suffered the execution of these sentences, or tamely surrendered their franchises to the all-grasping hand of power. It could not be expected that in this general wreck of privileges, the colonies of New-England could escape. The people of Massachusetts had long been view- ed with a jealous eye.^ Though tlie king had repeatedly assured them of his protection, and solemnly confirmed their charter priv- ileges ; yet their spirit and principles were so totally dissonant to the corrupt views of the court, that intriguing men found easy access to the royal ear, with complaints against them. Of these, the most inveterate and indefatigable was Randolph, who made no less than eight voyages in nine years across the Atlantic, on this mischievous business." They were accused of extending their jurisdiction beyond the bounds of their patent ; of invading the prerogative by coining money ; of not allowing appeals to the king from their courts ; and, of obstructing the execution of the navigation and trade laws. By the king's command, agents were sent over to answer these complaints. They found the prejudice against the colony so strong, that it was in vain to withstand it ; and solicited instructions whether to submit to the king's pleasure, or to let the proceedings against them be issued in form of law. A solenm consultation being held, at which the clergy assisted, it was determined " to die by the hands of others rather than by *' their own." Upon notice of this, the agents quitted England ; and Randolph, as the angel of death, soon followed them, bringing a writ of quo warranto from the king's bench ; ^^83. but the scire facias which issued from the chancery did '-^'^^°''"- not arrive till the time fixed for their appearance was elapsed. (I) Hutch, col. papers, p. 377. (2) Hutch, vol. i. p. 329. and MTSsachuset's, Dunstable was d' vided into two distinct townships, one in each province. Dunstable in New-Hampshire, which included the anc'ent settle nent. and bv fir the largest portion of territorv, was incorporated bj charter, 1 April, 174G.] 113 HISTORY OF NEW-IIAMPSPIIRE. [1685.' Tins however, was deemed too trivial an error to stop the pro- ceedings ; judgment was entered against them, and the charter declared forfeited. The king died before a new form of government was settled j but there could be no hope of favor from his successor, 1685. YY^Q inherited the arbitrary principles of his brother, and was publicly known to be a bigoted papist. The intended alteration in the government was introduced in the same gradual manner as it had been in New-Hampshire. A commission was issued, in vvliich Joseph Dudley, esquire, was ap- pointed president of his majesty's territory and dominion of New- England ; William Stoughton, deputy president ; Simon Brad- street, Robert JMnson, John Fitz Winihrop, John Pynchon, Peter Bulkley, Edward Randolpl), Wait Winthrop, Richard Warton, John Usher, Nathaniel Saltonstall, Bartholomew Gedney, Jona- than Tyng, Dudley liradstreet, John llinckes,* and Edward Tyng, counsellors. Their jurisdiction extended over Massachu- setts, New-Hampshire, Maine and the Narraganset, or King's province. These gentlemen were mostly natives of the country, some of them had been magistrates, and one of them, governor under the charter. No house of deputies was mentioned in the commission. The nf-vv form of government took place on ths twenty-fifth - -Q- day of May ; and on the tenth of June, an order of coun- '' ■ cil was issued for setding the county courts, which con- sisted of such members of the council as resided in each county, and any others of them who might be present ; with such justices as were commissioned for the purpose. Tliese courts had the power of trying and issuing all civil causes, and all criminal mat- ters under life or limb ; from them an appeal was allowed to a su- perior court, held three times in the year, at Boston, for the whole territory ; and from thence, appeals, in certain cases, might be had to the king in council. Juries were pricked by the marshal and one justice of each county, in a list given them by the selectmen of the towns. A probate court was held at Boston, by the presi- dent, and " in the other provinces and remote counties" by a judge and clerk, appointed by die president. The territory was divided into four counties, viz. Sufl'olk, Middlesex, Essex and Hampshire ; and three provinces, viz. New-Hampshire, Maine, and King's province. By another order of the same date, town-taxes could not be assessed, but by allowance of two justices; and the mem- bers of the council were exempted from paying any part thereof.^ Things were conducted with tolerable decency, and the innova- (1) Printed orders in the files. * [Hinckes was the only one of these counsellors who belonged to New- Hampshire. He had been appointed one of tlie provincial counsellors in 1683, and aflerwardfi, in 1687, was one of Sir Edmund Andros's council.] 1666.] GENERAL GOVERNMENT. E. ANDROS. HQ tions were rendered as litlle grievious as possible ; tiiat the people might be induced more readily to submit to the long meditated introduction of a governor-general. In December following, Sir Edmund Andros who had been governor of New-York, arrived at Boston with a commis- sion, appointing him captain-general and governor in chief of the territory and dominion of New-England, in which the col- ony of Plymouth was now included.* By this commission, the governor with his council, five of whom were a quorum, were em- powered to make such laws, impose such taxes, and apply them to such purposes as they should think proper. They were also empowered to grant lands on such terms, and subject to such quit-rents, as should be appointed by the king.* Invested with such powers, these men were capable of the most extravagant actions. Though Andros, like his master, began his administra- tion with the fairest professions, yet, like him, he soon violated them, and proved himself a ill instrument for accomplishing the most execrable designs. Those of his council who were back- ward in aiding his rapacious intentions were neglected. Seven being sufficient for a full board, he selected such only as were de- voted to him, and, with their concurrence, did what he pleased. Randolph and Mason were at first among his confidants ; but af- terward when New-York was annexed to his government, the members from that quarter were most in his favor.^ To particularize the many instances of tyranny and oppression which the country suffered from these men, is not within the de- sign of this work. Let it suffice to observe, that the ,pQ« press was restrained ; liberty of conscience infringed ; ex- orbitant fees and taxes demanded, without the voice or consent of the people, who had no privilege of representation. The charter being vacated, it was pretended that all tides to land were annul- led ; and as to Indian deeds, Andros declared them no better than " the scratch of a bear's paw."*^ Landholders were obliged to take out patents for their estates which they had possessed forty or fifty years : for these patents, extravagant fees were exacted, and those, who would not submit to this imposition, had writs of intrusion brought against them, and their land was patented to oth- ers. To hinder the people from consulting about the redress of their grievances, town-meetings were prohibited, except one in the month of May, for the choice of town officers ; and to pre- vent complaints being carried to England, no person was permit- ted to go out of the country without express leave from the gov- (1) MS. Copy of the Commission. (2) Hutch, vol. i. p. 344. Coll. papers, p. 564. (3) Revolution in New-England justified, p. 21. * [" There was a ^eat new seal appointed for New-England under the ad- ministration of Andros, which was honored with a remarkable motto : Aan- quam W/trias graiior cxtat." Chalmers, 463.] 120 HISTORY OF NEW-HAMPSHIRE. [1687. ernor. But notwithstanding all the vigilance of the governor, his emissaries and his guards, llie resolute and indefatigable hicrease Matlier, minister of the second churcii in Boston, and president of the college, got on board a ship and sailed lor England, with complaints in the name of the people against the governor, which he deliveied with his own liand to the king ; but finding no hope of redress, lie waited the event of the revolution which was then expected.* When the people groaned under so many real grievances, it ift no wonder that their fears and jealousies suggested some that were ^c^oo iuiaginary. They believed Andros to be a papist ; that * he had hired the Indians, and supplied them witli ammu- nition to destroy their frontier settlements ; and that he was pre- paring to betray the country into the hands of the French.*- At the same time, the large strides that King James the Second was making toward the establishment of popery and despotism, raised the most terrible appreliensions ; so th.at the report of the landing of the Prince of Orange in England was received liere with the greatest joy. Andros was so alarmed at the news, that he im- prisoned the manf who brought a copy of the prince's declaration, and published a proclamation commanding all persons to be in readiness to oppose " any invasion from Holland," which met with as much disregard as one he had issued before, appointing a day of thanksgiving for the birtli of a Prince of Wales. 'I'he people had now borne these innovations and impositions for about three years : Their patience vias worn out, and their --Q(, native love of freedom kindled at the prospect of deliver- ance. The news of a complete revolution in England had not reached thein ; yet so sanguine were their expectations, so eager were they to prove that they were animated by the same spirit with their brethren at home, that upon the rumor of an in- tended massacre in the town of Boston by the governor's guards, tiiey were wrought up to a degree of fury. On the morning of (1) I. Mather's life, p. 107. (2) Revolution justified, p. 29, 40. * [Justice to Sir Edmund Andros requires it to be state88. could be done, death put an end to his hopes and relieved the people for a time of dieir fears. Being one of Sir Ed- Auo-. or mund's council, and attending him on a journey from New- Sept. York to Albany; he died at Esopus, in the fifty-ninth ^*^'^^' year of his age ; leaving two sons, John and Robert, the heirs of his claim and controversy.^ The revolution at Boston, though extremely pleasing to the people of New-Hampshire, left them in an unsetded state. They waited the arrival of orders from England ; but none arriving, and die people's minds being uneasy, it was proposed by some of the principal gendemen, that a convention of deputies from each of the towns should consider what was best to be done. The convention-parliament in England was a sufficient precedent to (1) Hutch, collection of papers, p. 564. (2) MS. in Superior Court files. (3) Hutch, vol. i. p. 365. Coll. papers, p. 566. * [James Graham was one of the confidants and advisers of Sir Edmund Andros, and his attorney-general. See Revolution in N. E. justified 21, 31. Hutchinson, Hist. Mass. i. 345.] 18 122 HISTORY OF NEW-HAMPSHIRE [1689. authorize this proceeding. Deputies were accordingly chosen,* and instructed to resolve upon some method of government. At Jan. ^'^^''' ^"'''^^ meeting, they came to no conclusion ; but after- 1690. ^^'ai"d, they thought it best to return to their ancient union with Massachusetts. • A petitionf for this purpose being presented, they were readily admitted till the king's pleasure should jyj -2 be known ; and members were sent to the general court, ' which met there in this and the two following years. J — The gentlemen who had formerly been in commission for the peace, the militia and the civil ofhccs, were by town votes, ap- proved by the general court, restored to their places, and ancient laws and customs continued to be observed. |j (1) Mass. Records. Portsmouth, Dover and Exeter Records. * The members of this convention were, for Portsmouth. John Tuttle, Major William Vaughan, John Roberts, Richard Waldron, Thomas Edgerly, Nathaniel fryer, Nicholas Follet. Robert Elliot, Exeter. Thomas Cobbet, Robert Wadley, Capt. John Pickering. William Moore, Dover. Samuel Leavitt. Capt. John Woodman, Portsmouth, Dover and Exeter Capt. John Gerrish, Records It does not appear from Hampton records whether tliey joined in this con- vention, or returned immediately to the government of Massachusetts. [From a letter of Nathaniel Weare of Hampton to Major Robert Pike of Salisbury, dated l-^ March, 1690, printed in the Coll. of the N. H. Hist. Soc. i. 136, it appears tJiat Hampton was one of the first towns in choosing persons to meet with commissioners of the other towns, if they should see cause to appoint any, "to debate and conclude of what was necessary at this time to be done in relation to some orderly way of government, and to make their return to the several towns for their approbation or otherwise." Afterwards, wiien the inhabitants of Portsmouth had met, and " made choice of some persons, to meet with the commissioners of the other towns to debate and consider of what was to be done in order to the settlement of some government till their Majesties should give order in the matter," the town of Hampton, " after several meetings and debates," chose six persons as commissioners, with pow- er according to the other towns of Portsmouth, Dover and Exeter. But in the choice of " meet persons" for the Convention, it seems that a spirit of jealousy arose among the people of Hampton, who, being " fearful and sus- picious of their neighbor towns ; — that they did not intend to do as was pre- tended, but to bring them under to their disadvantage," passed a vote that " they would not choose any person according to the direction of the commit- tee met, and so all proved inetfectual."] t [The original petition, signed by 372 persons, is among the files in the Secretary's office of Massachusetts, and a copy of it is in the office of Secre- tary of State of New-Hampshire.} i [The representatives, during this period, for Portsmouth, were, 1690 Elias Stileman, 1691 Richard Waldron, 1692 Richard Waldron. John Foster. John Pickering. Waldron was son of the Major who was killed by the Indians in 1680.] II [The Military and Civil officers as presented to the Governor and Coun- cil, and approved by them and the deputies of Massachusetts, in March, 1690, were the following. Military Officers. William Vaughan, Major. 1691.] RE-UNlOiN WITH MASSACHUSETrS. 123 Had tlie inclination of the people been consulted, they would gladly have been annexed to that government. This was trQt well known to Mather and the other agents, who when so- liciting for a new charter, earnestly requested that New-Hamp- shire might be included in it.^ But it was answered, that the people had expressed an aversion to it, and desired to be under a distinct government.^ This could be founded only on the re- ports which had been made by the commissioners in 1665, and by Randolph in his narrative. The true reason for deny- . ^ ing the request was, that Mason's two heirs had sold their title to the lands in New-Hampshire to Samuel Allen of London, merchant, for seven hundred and fifty pounds, the entail having been previously docked by a fine and recovery in the court of king's bench ; and Allen was then soliciting a recognition of his title from the crown, and a commission for the government of the province.3 When the inhabitants were informed of what was doing, they again assembled by deputies in convention, and sent over a petition to the king, praying that they might be annexed to Massachusetts. The petition was presented to Sir Henry Ash- urst, and they were amused with some equivocal promises of suc- cess by the earl of Nottingham ; but Allen's importunity coincid- ing with the king's inclination, effectually frustrated their attempt. ** The claim which Allen had to the lands from Naumkeag to three miles northward of Merrimack, was noticed in the Massa- irqcy chusetts charter ; and he obtained a commission for the government of New-Hampshire, in which his son in law, ^"' ^' John Usher, then in London, was appointed lieutenant governor, with power to execute the commission in Allen's absence. The counsellors named in the governor's instructions, were, John Ush- er, lieutenant governor, John Hinckes, Nathaniel Fryer, Thomas GrafFort, Peter CofBn, Henry Green, Robert Elliot, John Ger- (1) I. Mather's life, page 136. (2) Hutch, vol. i. p. 412. (3) MS. in Supe- rior Court files. (4) Hutch, vol. 2, p. 6. Dorcr. Exeter. John Gerrish, Captain. William Moore, Captain. John Tuttle, Lieutenant. Samuel Leavitt, Lieutenant. William Furber, Ensign. Jonathan Thing, Ensign. Oijs/rr River. [Durham.] Grmt-Jsland. [New-Castle.] John Woodman, Captain. Nathaniel Fryer, Captain. James Davis, Lieutenant. Thomas Cobbet, Lieutenfjnt. Stephen Jones, Ensign. Shadrach Walton, Ensign. Portsmouth. Hampton. Walter Neale, Captain. Samuel Sherburne, Captain. John Pickering, Lieutenant. Edward Gove, Lieutenant. Tobias Langdon, Ensign. John Moulton, Ensign. Civil Officers. Samuel Penhallow, Treasurer. John Pickering, Recorder. Justices of the Peace. William Vaughan, Portsmouth. John Gerrish, Dover. Richard Martyn, do. Robert Wadleigh, Exeter 1 Nathaniel Fryer, do. t, » j 124 HISTORY OF NEW-HAMPSHIRE. [1692. rish, John Walford and John Love. The governor was instruct- ed to send to the secretary of state, the names of six other per- sons suitable for counsellors. Three were a quorum, but the in- structions were, that nothing should be done unless five were present, except in extraordinary emergencies. Major Vaughan, Nathaniel Weare and Richard Waldron were afterward added to the number.^ The council was composed of men, who, in general, had the confidence of the people ; but Usher was very disagreeable, not only as he had an interest in Allen's claim to the lands, but as he had been one of Sir Edmund Andros's adherents, and an active instrument in the late oppressive government. He arrived with the commission, and took upon him the command, on the thirteenth day of August.- The people again submitted, with extreme re- luctance, to the unavoidable necessity of being under a govern- ment distinct from Massachusetts. The year 1G92 was remarkable for a great mortality in Ports- mouth and Greenland by the small pox. The infection was brought in bags of cotton from the West-Indies, and there being but few people who were acquainted with it, the patients suffered greatly, and but iew recovered.^ CHAPTER X. The war with the French and Indians, commonly called King William's war. It was the misfortune of this country to have enemies of differ- ent kinds to contend with at the same time. Whilst the changes above related were taking place in their government, a fresh war broke out on their frontiers, which, though ascribed to divers caus- es, was really kindled by the rashness of the same persons who were making havoc of their liberties. The lands from Penobscot to Nova-Scotia had been ceded to the French, by the treaty of Breda, in exchange for the island of St. Christopher. On these lands, the Baron de St.Castine had for many years resided, and carried on a large trade with the Indians, with whom he was intimately connected ; having several of their women, besides a daughter of the sachem Madokawando, for his wives.'^ The lands which had been granted by the crown of Eng- land to die duke of York (now King James the Second) interfered with Castiue's plantation, as the duke claimed to the river St. Croix. A fort had been built by his order at Pemaquid, and a (1) MS. Copy of Com. &c. Council minutes. (2) Council minutes. — (3) MS. Letter. (4) Hutch, coll. papers, p. 548. 1C88.] REVOLUTION. 125 garrison stationed there to prevent any intrusion on his property. In 1686, a ship belonging to Pascataqiia landed some wines at Penobscot, supposing it to be within the French territory. Palm- er and West, the duke's agents at Pemaquid, went and seized the wines ; but by the influence of the French ambassador in Eng- land, an order was obtained for the restoration of them. Here- upon, a new line was run which took Castine's plantation into the duke's territory. In the spring of 1688, Andros went in the Rose frigate, and plundered Castine's house and fort ; leaving ./-qo only the ornaments of his chapel to console him for the loss of his arms and goods. This base action provoked Castine to excite the Indians to a new war, pretences for which were not wanting on their part.^ They complained that the tribute of corn which had been promised by the treaty of 1678, had been with- holden ; that the fishery of the river Saco had been obstructed by seines ; that their standing corn had been devoured by cattle be- longing to the English ; that their lands at Pemaquid had been patented without their consent; and that they had been fraudu- lently dealt with in trade. Some of these complaints were doubt- less well grounded ; but none of them were ever inquired into or redressed. They began to make reprisals at North-Yarmouth by killing cattle. Justice Blackman* ordered sixteen of them to be seized and kept under guard at Falmouth ; but others continued to rob and captivate the inhabitants. Andros, who pretended to treat the Indians with mildness, commanded those whom Blackman had seized to be set at liberty. But this mildness had not the desired effect ; the Indians kept their prisoners, and murdered some of them in their barbarous frolics. Andros then changed his meas- ures, and thought to frighten them, with an army of seven hun- dred men, which he led into their country in the month of No- vember. The rigor of the season proved fatal to some of his men ; but he never saw an Indian in his whole march. The enemy were quiet during the winter. After the revolution, the gentlemen who assumed the govern- ment took some precautions to prevent the renewal of hos- tilities. They sent messengers and presents to several ^^°^* tribes of Indians, who answered them with fair promises ; but their prejudice against the English was too inveterate to be allay- ed by such means as these.^ Thirteen years had almost elapsed since the seizure of the four hundred Indians, at Cochecho, by Major Waldron ; during all (1) Hutch, coll. pap. p. 5G2. (2) Hutchinson, Neal and Mather. * [Benjamin Blackman graduated at Harvard College in 1663 ; was some- time a preacher at Maiden, which place he left about 1678, and went to Saco. Mather, ii. Magnalia, 508. Hutchinson, i. Hist. Mass. 32G. Folsom, MS. Hist. Saco.] 126 HISTORY OF NEW -HAMPSHIRE. [1089. whicli time, an inextinguishable lliirst of revenge had been cher- ished among them, which never till now found opportunity for gratification.* Wonolanset, one of the sachems of Peaacook, who was dismissed with his people at the time of the seizure, al- ways observed his father's dying charge not to quarrel with the English ; but Hagkins, anotlier sachem, who had been treated with neglect by Cranfield, was more ready to listen to the seduc- ing invitations of Castine's emissaries. Some of those Indians, who were then seized and sold into slavery abroad, had found their way home, and could not rest till they had revenge. f Accor- dingly, a confederacy being formed between the tribes of Penacook and Pcquawket, and the strange Indians (as they were called) who were incorporated with them, it was determined to surprise the major and his neighbors, among whom they had all this time been peaceably conversant. In that part of the town of Dover, which lies about the first falls in the river Cochecho, were five garrisoned houses ; three on the norUi side, viz. Waldron's, Otis's and Heard's ; and two on the south side, viz. Peter Coffin's and his son's. These houses were surrounded widi timber-walls, die gates of which, as well as die house doors, were secured with bolts and bars. The neighboring families retired to these houses by night ; but by an unaccounta- ble negligence, no watch was kept. The Indians, who were daily passing through the town, visiting and trading widi the inhabitants, as usual in time of peace, viewed their situation with an attentive eye. Some hints of a mischievous design had been given out by their squaws ; but in such dark and ambiguous terms, diat no one could comprehend Uicir meaning. Some of the people were un- easy ; but Waldron, who, from a long course of experience, was intimately acquainted with die Indians, and on odier occasions had been ready enough to suspect them, was now so dioroughly secure, *The inveteracy of their hatred to Major Waldron, on account of that trans?<;tion, appears from what is related by Mr. Williams in the narrative of his captivity, which happened in 1704. When he was in Canada, a Jesuit discoursing with him on the causes of their wars with New-England, "■ justi- " fied the Indians in what they did against us ; rehearsing some things done " by Major Waldron above 30 years ago, and liow justly God retaliated " them."' Page 18. t [In the corrected copy of the author, the following note is inserted. " A vessel carried away a great number of our surprised Indians in the time of our Wars, to sell them for slaves, but the nations whither lliey went would not buy them. Finally, tliey were left at Tangier, where they be, so many as live, or are born tliere. An Englishman, a Mason, came thence to Boston. He told me they desire that I would use some means for their return home. I know not what to do in it, but now it is in my heart to move your honour, so to mediate, that they may liave leave to get home, either from thence hitJi- or, or from thence to England, and so to get home. Tf the Lord shall please to move your charitable heart therein, I shall be obliged in great thankfulness, and am persuaded that Christ will at the great day reckon it among your "deeds of charity done to them for his name's sake." Letter from Rev. John Eliot, of Roxbury to Hon. Robert Boyle, Nov. 27, 1683, in Birch's Life of Bojle, p. 440.] ( 1689.] REVOLUTION. 127 that when some of the people hinted their fears to hlin, !;e mnri- ly bade them to go and plant their pumj)kins, saying that he would tell them when the Indians would break out. The very evening before the niisciiief was done, being told by a young man that the town was full of Indians and the people were much concern- ed ; he answered that he knew the Indians very well and there was no danger. The plan which the Indians had preconcerted was, that two squaws should go to each of the garrisoned houses in the evening, and ask leave to lodge by the fire ; that in the night when the people were asleep, they should open the doors and gates, and give the signal by a whistle ; upon which, the strange Indians, who were to be within hearing, should rush in, and take their long meditated revenge. This plan being ripe for execution, on the evening of Thursday, the twenty-seventh of June, two squaws applied to each of the garrisons for lodging, as they frequently did in time of peace. They were admitted into all but the young- er Coflin's, and the people, at their request, shewed them how to open the doors, in case they should have occasion to go out in the night. Mesandow'it, one of their chiefs, went to Waldron's gar- rison, and was kindly entertained, as he had often been before. The squaws told the major, that a number of Indians were com- ing to trade with him the next day, and JMesandowit while at sup- per, with his usual familiarity, said, ' Brother Waldron, what ' would you do if the strange Indians should come .f" The major carelessly answered, that he could assemble an hundred men, by lifting up his finger. In this unsuspecting confidence, the family retired to rest. When all was quiet, the gates were opened, and the signal was given. The Indians entered, set a guard at the door, and rushed into the major's apartment, which was an inner room. Awaken- ed by the noise, he jumped out of bed, and though now advanced in life to die age of eighty years, he retained so much vigor as to drive them with his sword, through two or three doors ; but as he was returning for his other arms, they came behind him, stunned him with a hatchet, drew him into his hall, and seating him in an elbow chair, on a long table, insultingly asked him, " Who shall " judge Indians now ?" They then obliged the people in the house to get them some victuals ; and when they had done eating, they cut the major across the breast and belly with knives, each one with a stroke, saying, " I cross out ray account." They then cut off his nose and ears, forcing them into his moudi ; and when spent with the loss of blood, he was falling down from the table, one of them held his own sword under him, which put an end to his misery. They also killed his son in law Abraham Lee :* but * [Abraham Lee was a chymist and probably the first in New-Hampshire. He seemed to have made some trial of his skill in 1685, as the records of the 128 HISTORY OF NEW-HAMPSHIRE. [1G89. took his daughter Lee with several others, and having pillaged the house, left it on fire. Otis's garrison, which was next to the major's, met with the same fute ; he was killed, w^ith several others, and his wife and child were ca[)tivated. Heard's was saved hy the harking of a dog just as die Indians were entering : Elder Went- worth,f who was awakened hy the noise, pushed them out, and falling on his hack, set his feet against the gate and held it till he had alarmed the people ; two halls were fired through it, but both missed him. Coffin's house was surprized, hut as the Indians had no particular enmity to him, they spared his life, and the lives of his family, and contented themselves with pillaging the house. — Finding a bag of money, they made him throw it by handfuls on the floor, whilst they amused themselves in scrambling for it. They then went to the house of his son who would not admit the squaws in the evening, and summoned him to surrender, promis- ing him quarter. He declined their offer, and determined to de- fend his house, till they brought out his father and threatened to kill him before his eyes. Filial affection then overcame his reso- lution, and he surrendered. They put both families together into a deserted house, intending to reserve them for prisoners ; but whilst the Indians were busy in plundering, they all escaped. Twenty-three people were killed in this surprisal, and twenty- nine wer^ captivated ; five or six houses, with the mills, were burned ; and so expeditious were the Indians in the execution of their plot, that before the people could be collected from the other parts of the town to oppose them, they fled with their prisoners and booty. As they passed by Heard's garrison in their retreat, they fired upon it ; but the people being prepared and resolved to defend it, and the enemy being in haste, it was preserved. The preservation of its owner was more remarkable. Elizabedi Heard, with her dn-ee sons and a daughter, and some others, were returning in the night from Portsmouth. They pass- ed up the river in their boat unperceived by the Indians, who were then in possession of the houses ; but suspecting danger by the noise which they heard, after they had landed they betook themselves to Waldron's garrison, where they saw lights, which they imagined were set up for direcdon to those who might be Quarter Sessions show that he was indicted for coining tliat year, but " the grand jury having found upon the bill of indictment, ignoramus," he was discharged, " paying tlie fees." He married Hester Elkins, 21 June, 1680, and she was probably the daugliter of major Waldron named in the text.] * [The note on Elder Wentworth is transferred from the Appendix to the first volume of the first edition, to this place. " William Wentworth was one of the first settlers of Exeter, and after the breaking up of their combination for government, he removed to Dover, and became a ruling elder in the church there. In 1GB9, he was remarkably instrumental of saving Heard's garrison, as is related in the proper place. After this, he ofiiciated several years as a preacher at Exeter, and other places, and died at a very advanced age at Dover, in 1G!)7, leaving a numerous posterity. From iiim the several governors of that name are descended. He was a very useful and good man.'] 1689.] REVOLUTION. 129 seeking a refuge. They knocked and begged earnestly for ad- mission ; but no answer being given, a young man of the compa- ny climbed up the wall, and saw to his inexpressible surprise, an Indian standing in the door of the house, with his gun. The wo- man was so overcome with the fright that she was unable to fly ; but begged her children to shift for themselves ; and they with heavy hearts, left her. When she had a litde recovered, she crawled into some bushes, and lay there till day-light. She then perceived an Indian coming toward her with a pistol in his hand j ne looked at her and went away ; returning, he looked at her a- gain ; and she asked him what he would have ; he made no an- swer, but ran yelling to the house, and she saw him no more. — She kept her place till the house was burned, and the Indians were gone ; and then retui-ning home, found her own house safe. Her preservation in these dangerous circumstances was more re- markable, if (as it is supposed) it was an instance of justice and gratitude in the Indians. For at the time when the four hun- dred were seized in 1G7G, a young Indian escaped and took refuge in her house, where she concealed him ; in return for which kindness he promised her that he would never kill her, nor any of her family in any future war, and that he would use his influence with the other Indians to the same purpose. This Indian was one of the party who surprised the place, and she was well known to the most of them.* The same day, after the mischief was done, a letter from Sec- retary Addington, written by order of the government, directed to Major Waldron, giving him notice of the intention of the In- dians to surprise him under pretence of trade, fell into the hands of his son. This design was communicated to Governor Brad- street by Major Hinchman of Chelmsford, who had learned it of the Indians. f^ The letter was despatched from Boston, the day before, by Mr. Weare ; but some delay which he met with at Newbury ferry prevented its arrival in season. The prisoners taken at this time were mostly carried to Cana- da, and sold to the French ; and these, as far as I can learn, were the first that ever were carried thither. J The Indians had (1) Mass. Records. Original Letter. * [Elizabeth Heard was the widow of John Heard, and, according to Math- er, ii. Magnalia, .512, w^as the " daughter of Mr. Hull, a reverend minister, formerly living at Pascataqua." She had five sons, viz. Benjamin, born in 1()44; .lolin, born K).")!); Joseph, born IGGl ; Samuel, born KiOS; Tristram, born l(j(!7, and five daughters. Tristram was killed by the Indians as will be seen under the year 1723.] t [The letter of Major Hincliman, dated 1}2 June, is published in the Coll. of the N. H. Hist. Soc. i. 222, 22:?.] t One of these prisoners was Sarah Gerrish, a remarkably fine child of sev- en years old, and grand-daughter of Major Waldron, in whose house she lodged that fatal night. Some circumstances attending her captivity are truly alTccting. Wlien she was awakened by the noise of the Indians in the 19 130 HISTORY OF NEW-HAMPSHIRE- [1089. been seduced to the French interest by popish emissaries, who had began to fascinate them with their religious and national prej- udices. They had now learned to call the English heretics, and that to extirpate them as such was meritorious in the sight of heaven. VVhen their minds were filled with religious phrensy, they became more bitter and implacable enemies than before ; and finding the sale of scalps and prisoners turn to good account in Canada, they had still farther incitement to continue their dep- redations, and prosecute their vengeance. The necessity of vigorous measures was now so pressing, that parties were immediately dispatched, one under Captain Noyes to Penacook, where they destroyed the corn, but the Indians escap- ed ; another from Pascataqua, under Captain Wincol,* to Winni- house, she crept into another bed and hid herself under the clothes to escape their search. She remained in their hands till the next winter, and was sold from one to another for several times. An Indian girl once puslied her into a river } but, catching by the bushes, she escaped drowning, yet durst not tell how she came to be wet. Once she was so weary with travelling that she did not awake in the morning till the Indians were gone, and then found her- self alone in the wood.s, covered with snow, and without any food ; having found their tracks she went crying after them till they heard her and took her witli them. At another time they kindled a great fire, .and the young Indians told her she was to bo roasted. She burst into tears, threw her arms round her master's neck, and begged him to save her, which he promised to do if she would behave well. Being arrived in Canada, she was bought by the Inten- dant's lady, who treated her courteously, and sent her to a nunnery for edu- cation. But when Sir William Phips was at Quebec she was exchanged, £Lnd returned to her friends, with whom she lived till she was sixteen years old. The wife of Richard Otis was taken at the same time, with an infant daugliter of three months old. The French priests took this child under their care, baptised her by the name of Christina, and educated her in the Romish relicrion. Siie passed some time in a nunnery, but declined taking the veil, and was married to a Frenchman, by whom she had two children. But her desire to see New-England was so stronjv, that upon an exchange of prison- ers in 1714, being then a widow, she left both her children, who were not permitted to come with her, and returned home, where she abjured the Rom ish faith. M. Siguenot, her former confessor, wrote her a flattering letter, warnino- her of her danger, inviting her to return to the bosom of the catholic churc]i,and repeating many gross calumnies which had formerly been vented aorainst Luther and the other reformers. This letter being shown to Govern- or Burnet, he wrote her a sensible and masterly answer, refuting the argu- ments, and defecting the falsehoods it contained : Both these letters were printed. Slie wiis married afterward to Capt. Thomas Baker, who had been taken :it IJecrfield in ITOl, and lived in Dover, where she was born, till the year 1773. Mr. John Emerson, by declining to lodge at Major Waldron's on the fataJ night, though strongly urged, met with an happy escape. He was afterward a minister at New-Castle nnd Portsmouth. [The Mr. John Emerson who de- clined to lodge at Major Waldron's on the 27 June, 1(580, according to Mather, ii. Magnalia, 511, was " a worthy minister at Berwick," and could not have been the future minister at New-Castle and Portsmouth, as lie had not at this time graduated at college. Alden, both in his Collection of Epitaphs and in liis Account of Religious Societies in Portsmouth, has fallen into the same error in considering the minister of New-Castle and Portsmouth as the one, who "met with an happy escape by declining to lodge at Major Waldron's.'] *^*Some of the circumstances relating to the destruction of Cochecho are taken from Mather's Magnalia. The others from the tradition of the suft'er- prs and their descendants. * [Captain John Wincol belonged to Kittery, whicii he represented in the General Coxirt of Massachusetts six years, the last time in IC/f:'.] 1C89.] REVOLUTION. 131 piseogee, whither the Indians had retired, as John Church, who had been taken at Cochecho and escaped from them, reported : one or two Indians were killed there, and their corn was cut down. But these excursions proved of small service, as the Indians had little to lose, and could find a home wherever they could find game and fish. In the month of August, Major Swaine, with seven or eight companies raised by the Massachusetts govcrnmont, marched to the eastward ; and Major Church, with another party, consisting of English and Indians, from the colony of Plymouth, soon fol- lowed them. Whilst these forces were on their march, the In- dians, who lay in the woods about Oyster river, observed how many men belonged to Huckin's garrison ; and seeing them all go out one morning to work, nimbly ran between them and the house, and killed them all, (being in number eighteen) except one who had passed the brook. They then attacked the house, in which were only two boys, (one of whom was lame) with some women and children. The boys kept them off for some time and wound- ed several of them. At length, the Indians set the house on fire, and even then the boys would not surrender, till they had promis- ed them to spare tlieir lives. They perfidiously murdered three or four of the children ; one of them was set on a sharp stake, in the view of its distressed mother, who, with the other women and the boys, were carried captive. One of the boys escaped the next day. Captain Garner with his company pursued the enemy, but did not come up with them. The Massachusetts and Plymouth companies proceeded to the eastward, setded garrisons in convenient places, and had some skirmishes with the enemy at Casco and Blue Point. On their retiu'n. Major Swaine sent a party of the Indian auxiliaries under Lieutenant Flagg toward VVinnipiseogee, to make discoveries. — These Indians held a consultation in their own language ; and having persuaded their lieutenant with two men to return, nineteen of them tarried out eleven days longer ; in which time, they found the enemy, staid with them two nights, and informed them of ev- ery thing which they desired to know ; upon which, the enemy retired to their inaccessible deserts ; the forces returned without finding them, and in November, were disbanded.^ Nothing was more welcome to the distressed inhabitants of the frontiers than the approach of winter, as they then expected a respite from their sufferings. The deep snows and cold weather were commonly a good security against an attack from the Indians; but when resolutely set on mischief, and instigated by popish en- thusiasm, no obstacles could prevent the execution of their pur- poses. The Count de Fronlenac, then governor of Canada, was fond (1) Magnalia, lib. T, p. G7. 132 HISTORY OF NEW-HAMPSHIRE. [IGDO. of distinguishing himself hy some enterprises against the Ameri- ifQn can subjects of King William, with whom his master was at war in Europe. For this purpose, he detached threo parties of French and Indians from Canada in the winter, who were to take three diflerent routes into the English territories. — One of these parties marched from Montreal and destroyed Sche- nectady, a Dutch village on the Mohawk river, in the province of New-York. This action which happened at an unusual time of the year, in the month of February, alarmed the whole country ; and the eastern settlements were ordered to be on their guard. On the eighteenth day of March, another party which came from Trois Rivieres, under the command of the Sieur Hertel, an offi- cer of great repute in Canada, found their way to Salmon-falls, a settlement on the river which divides New-Hampshire from the province of Maine. This party consisted of fifty-two men, of whom twenty-five were Indians under Hoophood, a noted warrior. They began the attack at day-break, in three different places. The people were surprised; but flew to arms and defended them- selves in the garrisoned houses, with a bravery which the enemy themselves applauded. But as in all such onsets the assailants have the greatest advantage, so they here proved too strong for the defendants ; about thirty of the bravest were killed, and the rest surrendered at discretion, to the number of fifty-four, of whom the greater part were women and children. After plundering, the enemy burned the houses, mills and barns, with the cattle* which were within doors, and then retreated into the woods, whither they were pursued by about one hundred and forty men, suddenly collected from the neighboring towns, who came up with them in the afternoon at a narrow bridge on Wooster's river, in Berwick. Hertel expecting a pursuit, had posted his men ad- vantageously on the opposite bank. The pursuers advanced with great intrepidity, and a warm engagement ensued, which lasted till night, when they retired with the loss of four or five killed. — The enemy by their own account lost two, one of whom was Her- tel's nephew:^ his son was wounded in the knee. Another Frenchman was tal<;en prisoner, who was so tenderly treated that he embraced the protestaut faith, and remained in the country. ^ Hertel on his way homeward met with a third party who had marched from Quebec, and joining his company to them attacked and destroyed the fort and setdement at Casco, the next May. Thus the three expeditions planned by Count Frontenac proved successful ; but the glory of them was much tarnished by acts of (1) Charlevoix, lib. 7, p. 74. (2) Mather, Magnalia, lib. 7, p. G8. * Cliiirlevoix says Ihey burned " tweuty-sevi'ii houses and two thousand head of caUle in the barns." Tiie number of buildinj^s, includinj^ mills, barna and otlier out houses, niij^ht amount to near twenty ; but the number of cattle as ho gives it, is ineredible. 1690.] RE-UNIOiN WITH MASSACHUSETTS. 133 cruelty, which christians should be ashamed to countenance, though perpetrated by savages.* After the destruction of Casco, the eastern settlements were all deserted, and the people retired to the fort at Wells. The In- dians then came up westward, and a party of diem under Hoop- hood, sometime in May, made an assault on Fox Point, in Ncw- ington, where they burned several houses, killed about fourteen people, and carried away six. They were pursued by the Cap- tains Floyd and Greenleaf, who came up with them and recover- ed some of the Captives and spoil, after a skirmish in which Hoop- hood was wounded and lost is gun. ^ This fellow was soon after killed by a party of Canada Indians who mistook him for one of the Iroquois, with whom they were at war. On the fourth day of July, eight persons were killed as they were mowing in a field near Lamprey river, and a lad was carried captive. The next day, they attacked Captain Hilton's garrison at Exeter, which was relieved by Lieutenant Bancroft, with the loss of a few of his men. One of them, Simon Stone, received nine wounds with shot, and two strokes of a hatchet : when his friends came to bu- (1) Mag. lib. 7, p. 73. * The following instances of cruelty exercised towards the prisoners taken at Salmon-falls are mentioned by Dr. [Cotton] Mather. Robert Rogers, a corpulent man, being unable to carry the burden which the Indians imposed upon him, threw it down in the path and went aside in the woods to conceal himself. They found him by his track, stripped, beat and pricked him with their swords ; then tied him to a tree and danced round him till they had kindled a fire. They gave him time to pray, and take leave of his fellow prisoners who were placed round the fire to see his death. They pushed the. fire toward him, and when he was almost stifled, took it away to five him time to breathe, and thus prolonged his misery ; they drowned his ying groans with their hideous singing and yelling ; all the while dancing round tlae fire, cutting oiF pieces of his flesh and throwing them in liis face. When he was dead they left his body broiling on the coals, in which state it was found by his friends, and buried. Mehetabel Goodwin was taken with her child of five months old. Whei» it cried tliey threatened to kill it, which made the mother go aside and sit for hours together in the snow to lull it to sleep ; her master seeing that this hindered her from travelling, took the child, struck its head against a tree, and hung it on one of the branches ; she would have buried it but he would not let her, telling her that if she came again that way she might have the pleasure of seeing it. She was carried to Canada, and after five years return- ed home. Mary Plaisted was taken out of her bed, having lain in but three weeks. They made her travel v/ith them through the snow, and " to ease her of her burden," as they said, struck the child's head against a tree, and threw it in- to a river. An anecdote of another kind may relieve the reader after these tragical ac- counts. Thomas Toogood was pursued by three Indians and overtaken by one of them, who having inciuired his name, was preparing strings to bind him, holding his gun under his arm, which Toogood seized and went back- ward, keeping the o;un presented at him, and protesting tliat he would shoot him if he alarmed the others who had stopped on the opposite side of the hill. By this dexterity, he escaped and got safe into Cochecho ; while his adversary had no recompense in his power but to call after him by tlio name oTA'o frood. When he returned to his companions without gun or prisoner, their derision made hiw misadventure the naore grievous. 134 HISTORY OF NEW-IIAMrSlIIRE. [1690. ry him they perceived life in him, and by the application of cor- dials he revived, to the amazement of all. ^ Two companies under the Captains Floyd and Wiswall were now scouting, and on the sixth day of July, discovered an Indian track, which they pursued till they came up with the enemy at Wheelwright's Pond, in Lee, where a bloody engagement ensu- ed for some hours ; in which Wiswall, his lieutenant, Flagg, and sergeant Walker, with twelve more, wero killed, and several wounded. It was not known how many of the enemy fell, as they always carried ofF their dead. Floyd maintained the fight after Wiswall's death, till his men, fatigued and wounded, drew off; which obliged him to follow. The enemy retreated at the same time ; for when Captain Convers went to look after the wounded, he found seven alive, whom he brought in by sunrise the next morning, and then returned to bury the dead. The ene- my then went westward, and in the course of one week killed, be- tween Lamprey river and Amesbury, not less than forty people. The cruelties exercised upon the captives in this war exceed- ed, both in number and degree, any in former times. The most healthy and vigorous of them were sold in Canada ; the weaker were sacrificed, and scalped ; and for every scalp they had a premium. Two instances only are remembered of their releas- ing any without a ransom : one was a woman taken from Fox Point, who obtained her liberty by procuring them some of the necessaries of life ;- the other was at York ; where, after they had taken many of the people, they restored two aged women and five children, in return for a generous action of Major Church, who had spared the lives of as many women and children when they fell into his hands at Ameriscoggin.^ The people of New-England, now looked on Canada as the source of their troubles, and formed a design to reduce it to subjection to the crown of England. The enterprise was bold and hazardous ; and had their ability been equal to the ardor of their patriotism, it might probably have been accomplished. Straining every nerve, they equipped an armament in some de- gree equal to the service. What was wanting in military and na- val discipline was made up in resolution ; and the command was given to Sir William Phips, an honest man, and a friend to his country ; but by no means qualified for such an attempt. Una- voidable accidents retarded the expedition, so that the fleet did not arrive before Quebec till October ; when it was more than lime to return. It being impossible to continue there to any pur- pose ; and the troops growing sickly and discouraged, after some ineffectual parade, they abandoned the enterprise.* (1) Mag. lib. 7, p. 74. (2) Ibid. p. 73. (:5) MS. Letter. * [1600. The ship Faulkland of 54 guns, was built at Portsmoutli. Ad- ams, Annals of Puitomouth.] 1600.] RE-UNION WITH MABSAClIUSETTe. 135 This disappointment was severely felt. The equipment of the fleet and army required a supply of money which could not readi- ly be collected, and occasioned a paper currency ; which has often been drawn into precedent on like occasions, and has proved a fatal source of the most complicated and extensive mischief. The people were almost dispirited with the prospect of poverty and ruin. In this melancholy state of the country, it was an hap- py circumstance that the Indians voluntarily came in with a flag of truce, and desired a cessation of hostilities. A conference „ , being held at Sagadahock, they brought in ten captives, and settled a truce till the first day of May, which they observed till the ninth of June; when they attacked Storer's garri- son at Wells, but were bravely repulsed. About the same time, they killed two men at Exeter,^ and on the twenty ninth of September, a party of them came from the eastward in canoes to Sandy Beach, (Rye)- where they killed and captivated twenty- one persons.* Captain Sherburne of Portsmouth, a worthy offi- cer, was this year killed at Maquoit.^ The next winter, the country being alarmed with the destruc- tion of York, some new regulations were made for the general defence. Major Elisha Hutchinson was appointed com- mander in chief of the militia ; by whose prudent conduct j ^ 05' the frontiers were well guarded, and so constant a com- munication was kept up, by ranging parties, from one post to another, that it became impossible for the enemy to attack in their usual way, by surprise. The good effect of this regulation was presently seen. A young man being in the woods near Co- checho, was fired at by some Indians. Lientenant Wilson imme- diately went out with eighteen men ; and finding the Indians, kil- led or wounded the whole party, excepting one. This struck a terror, and kept them quiet the remainder of the winter and spring. But on the tenth day of June, an army of French and Indians made a furious attack on Storer's garrison at Wells, where Capt. Convers commanded ; who after a brave and resolute de- fence, was so happy as to drive them off with great loss. Sir William Phips, being now governor of Massachusetts, con- tinued the same method of defence ; keeping out continual scouts, under brave and experienced officers. This kept the Indians so quiet that, except one poor family which they took at Oyster riv- er, and some small mischief at Quaboag, there is no mention (1) Mag. 78. (2) MS. Letter of Morrill to Prince, [Magnalia.] (3) Fitch's MS. * [In the same month, a party made a descent on Dunstable, where they killed Joseph Ilassell, sen., his wife Anna, and son Benjamin, Mary Marks, daughter of Peter Marks, Obadiali Perry, one of the founders of tJie church there, and Christopher Temple. Perry and Temple were killed in the morn- ing of the 28 September ; the others were killed in the evening of the 2d. — ■ MS. Letter of J. B. Hill, Esq.] 136 HISTORY OF iNEW-IIAMPSHIIlE. [1G93. of any destruction made by them during the year 1693. Their -^Q-j animosity against New-England was not quelled ; but they neeiieil a si)acc to recruit ; some of their principal men were in captivity, and they could not hope to redeem them with- out a peace. To obtain it, they came into the Fort at Pema- quid ; and there entered into a solemn covenant ; wherein they acknowledged subjection to the crown of England ; engaged to abandon the French irtterest ; promised perpetual peace ; to for- bear private revenge ; to restore all captives ; and even went so far as to deliver hostages for the due performance of their en- gagements. ^ This peace, or rather truce, gave both sides a res- pite, which both earnestly desired.* The people of New-ilampshire were much reduced ; their lumber trade and husbandry being greatly impeded by the war. Frequent complaints were made of the burden of the war, the scarcity of provisions, and the displritedness of the people. Once, it is said, in the council minutes, that they were even ready to •quit the province. The governor was obliged to impress men to guard the outposts : they were sometimes dismissed for want of provisions, and then the garrison officers were called to account and severely punished : Yet all this time, the public debt did not exceed four hundred pounds. In this situation, they were obliged to apply to their neighbors for assistance ; but this was granted with a sparing hand. The people of Massachusetts were much divided and at variance among themselves, both on account of the new charter which they had received from King William, and the pretended witchcrafts which have made so loud a noise in the world. Party and passion had usurped the place of patri- otism ; and the defence, not only of their neighbors, but of them- selves was neglected to gratify their malignant humors. Their governor too had been affronted in this province, on the following occasion. Sir William Phips, having had a quarrel with Capt. Short of the Nonsuch frigate about the extent of his power as vice admi- ral, arrested Short at Boston, and put him on board a merchant ship bound for England, commanded by one Tay, with a Vvarrant :to deliver him to the secretary of state. The ship put into Pas- cataqua, and the Nonsuch came in after her. The lieutenant, Carey, sent a letter to Hinckes, president of the council, threat- ening to impress seamen, if Short was not released. Gary was Arrested and brought before the council, where he received a rep- 0) Mag. p. 85. * [This " Submission and Agreement of the Eastern Indians, at Fort Will- iam Henry, in Pemmaquid. the Ulh day of August, in the fifth year of our Sovereign Lord and Lady William and Mary, by the grace of God, of Eng- land, Scotland, France, and Ireland, King and Queen, Defender of the Faith, &.C. 1G!)3," may be found in Mather, ii. Magnalia, p. 542. It is signed by thirteen Indian Chiefs, four ludians, and three English Interpreters.] 1G93.] PROVINCE. JOHN USHER. 137 rimand for liis insolence. At the same time, Sir William came hither by land, went on board Tay's ship, and sent die cabin boy with a message to the president to come to him there ; which Hinckes highly resented and refused. Phips then demanded of Tay his former warrant, and issued another commanding the re- delivery of Short to him, broke open Short's chest, and seized liis papers. This action was looked upon by some as an exertion of power to which he had no right, and it was proposed to cite him before the council to answer for assuming authority out ,, of his jurisdiction. The president was warm ; but a majority of the council, considering Sir William's opinion that his vice admiral's commission extended to this province, (though Usher had one, but was not present) and that no person belong- ing to the province had been injured, advised the president to take no farther notice of the matter.* Soon after this, Sir Wil- liam drew off the men whom he had stationed in this province as soldiers ; and the council advised the lieutenant governor to ap- ply to the colony of Connecticut for men and provisions ; but whether this request was granted does not appear. The towns of Dover and Exeter being more exposed than Portsmouth or Hampton, suffered the greatest share in the com- mon calamity. Nothing but the hope of better times kept alive tlieir fortitude. When many of the eastern setdements were whol- ly broken up, they stood their ground, and thus gained to them- selves a reputation which their posterity boast of to this day.* The engagements made by the Indians in the treaty of Pema- quid, might have been performed if they had been left to ^.^q^ their own choice. But the French missionaries had been for some years very assiduous in propagating their tenets among them, one of which was ' that to break faith with heretics was no sin.' The Sieur de Villieu, who had disdnguished himself in the defence of Quebec when Phips was before it, and had contracted a strong antipathy to the New-Englanders, being then in command at Penobscot, he widi M. Thury, the missionary, diverted Madok- (1) MS. in files. * [1603. New-Castle, formerly Great Island, was incorporated. This is now the smallest town in point of territory in the state of New-Hampshire, containing only 458 acres. It originally consisted of Great Island, Little Harbor, and Sandy Beach, (now Rye) all wliich were once comprehended within the limits of Portsmouth. Some of the principal merchants of the Province resided there — and the principal seat of business for many years was at Great Island. 1G93. An act passed the General Assembly of New-Hampshire to estab- lish a Post-office " in some convenient place within the town of Portsmouth." The postage on letters from beyond sea was two pence ; on packets equal to not less than tliree letters, four j)ence. The postage on letters from Boston was not to exceed six pence, and double for a packet, and " so proportionably for letters on this side Boston," and '• for all other letters beyond Boston, shall be paid what is the accustomary allowance in the government from whence they came."] 20 138 HISTORY OF NEW-HAMPSHIRE. [1694. awando and the other Sachems from complying with their en- gagements ; so that pretences were found for detaining the Eng- hsh captives, who were more in number, and of more consequence than the hostages whom the Indians had given. Influenced by the same pernicious councils, they kept a watchful eye on the frontier towns, to see what place was most secure and might be attacked to the greatest advantage. The settlement at Oyster river, within the town of Dover, was pitched upon as the most likely place ; and it is said that the design of surprising it was publicly talked of at Quebec two months before it was put in ex- ecution. Rumors of Indians lurking in the woods thereabout made some of the people apprehend danger ; but no mischief be- ing attempted, they imagined them to be hunting parties, and re- turned to their security.^ At length, the necessary preparations being made, Villieu, with a body of two hundred and fifty Indi- ans, collected from the tribes of St. John, Penobscot and Nor- ridgewog, attended by a French Priest, marched for the devoted place." Oyster river is a stream which runs into tiie western branch of Pascataqua : the setdements were on both sides of it, and the houses chiefly near the water. Here, were twelve garrisoned houses sufficient for the defence of the inhabitants, but appre- hending no danger, some families remained at their own untorti- fled houses, and those who were in the garrisons were but indif- ferently provided for defence, some being even destitute of pow- der. The enemy approached the place undiscovered, and halt- ed near the falls on Tuesday evening, the seventeenth of July- Here they formed two divisions, one of which was to go on each side of the river and plant themselves in ambush, in small parties, near every house, so as to be ready for the attack at the rising of the sun ; and the first gun was to be the signal. John Dean, whose house stood by the saw-mill at the falls, intending to go from home very early, arose before the dawn of day, and was shot as he came out of his door. This firing, in part, disconcert- ed their plan ; several parties who had some distance to go, had not then arrived at their stations ; the people in general were im- mediately alarmed, some of them had time to make their escape, and others to prepare for their defence. The signal being given, the attack began in all parts where the enemy was ready. Of the twelve garrisoned houses five were desU'oyed, viz. Ad- ams's, Drew's, Edgerly's Medar's and Beard's. They entered Adams's without resistance, where they killed fourteen persons ; one of them, being a woman with child, they ripped open. The grave is still to be seen in which they were all buried. Drew surrendered his garrison on the promise of security, but was mur- dered when he fell into their hands. One of his children, a boy (1) Magnalia, lib. 7, p. 86. (2) Charlevoix, lib. 15, p. SIO. 1G94.] PROVINCE. JOHN UBHER. 139 of nine years old, was made to run through a lane of Indians as a mark for them to throw their hatchets at, till they had dispatched him. Edgerly's was evacuated. The people took to their hoat, and one of them was mortally wounded before they got out of reach of the enemy's shot. Beard's and Mcdar's were also evac- uated and the people escaped. The defenceless liouses were nearly all set on fire, the inhabit- ants being either killed or taken in them, or else in endeavor- ing to fly to the garrisons. Some escaped by hiding in the bushes and other secret places. Thomas Edgerly, by conceal- ing himself in his cellar, preserved his house, though twice set on fire. The house of John Buss, the minister, was destroyed, with a valuable library. He was absent ; his wife and family fled to the woods and escaped.* The wife of John Dean, at whom the first gun was fired, was taken with her daughter, and carried about two miles up the river, where they were left under the care of an old Indian, while the others returned to their bloody work. The Indian complained of a pain in his head, and asked the wo- man what would be a proper remedy : she answered, occapee, which is the Indian word for rum, of which she knew he had tak- en a bottle from her house. The remedy being agreeable, he took a large dose and fell asleep ; and she took that opportunity to make her escape, with her child, into the woods, and kept her- self concealed till they were gone. The other seven garrisons, viz. Burnham's, Bickford's, Smith's, Bunker's, Davis's, Jones's and Woodman's were resolutely and suc- cessfully defended. At Burnham's, the gate was left open : The Indians, ten in number, who were appointed to surprise it, were asleep under the bank of the river, at the time that the alarm was given. A man within, who had been kept awake by the tooth- ache, hearing the first gun, roused the people and secured the gate, just as the Indians, who were awakened by the same noise, were entering. Finding themselves disappointed, they ran to Pitman's defenceless house, and forced the door at the moment, that he had burst a way through that end of the house which was * [John Buss is mentioned in the 3d volume, p. 250, of tiie first edition, as a practitioner of pliysic, and as having died in 1736, at tlie ai^e of 108 years ; but Ills age is overstated. It should be DG. In a petition from him to Gov. Slmte and the General Assembly of IMassachusetts, in ITlo, he states tliat he had labored in the work of the ministry at Oyster-lilver 44 j^ears successive- ly; that he was then advanced to 78 years of age ; that he had kept his sta- tion there, " even in the time of the terrible Indian war, when many a score fell by the sword, both on the right hand and on the left, and several others forced to flight for want of bread ;" that he was then "unable to perform the usual exercise of the ministry," and tiiat " the people liad not only called another mini.'^ter, but stopped tlieir liands from paying to his subsistence, whereupon he was greatly reduced, having neither bread to eat, nor sufficient clothing to encounter the approaching winter." The ministers of Durham from that time down to our own days have not unfrequently complained that they prophesied in sackcloth.] 140 HISTORY OF NEW-HAMPSHIRE. [1694. next to the garrison, to which he with his family, taking advan- tage of the shade of some trees, it heing moonlight, happily escap- ed. Still defeated, they attacked the house of John Davis, which after some resistance, he surrendered on terms ; but the terms were violated, and the whole family was either killed or made captives. Thomas Bickford preserved his house in a singular manner. It was situated near the river, and surrounded with a palisade. Being alarmed before the enemy had reached the house, he sent off his family in a boat, and then shutting his gate, betook himself alone to the defence of his fortress. Despising alike the promises and threats by which the Indians would have persuaded him to surrender, he kept up a constant fire at them, changing his dress as often as he could, shewing himself with a different cap, hat or coat, and sometimes without either, and giv- ing directions aloud as if he had a number of men with him. Finding their attempt vain, the enemy withdrew, and left him sole master of the house, which he had defended with such admirable address. Smith's, Bunker's and Davis's garrisons, being season- ably apprised of the danger, were resolutely defended. One Indian was supposed to be killed and another wounded by a shot from Davis's. Jones's garrison was beset before day ; Captain Jones hearing his dogs bark, and imagining wolves might be near, went out to secure some swine and returned unmolested. He then went up into the flankart- and sat on the wall. Discerning the flash of a gun, he dropped backward ; the ball entered the place from whence he had withdrawn his legs. The enemy from behind a rock kept firing on the house for some time, and then quitted it. During these transactions, the French priest took pos- session of the meeting-house, and employed himself in writing on the pulpit with chalk ; but the house received no damage. Those parties of the enemy who were on the south side of the river having completed their destructive work, collected in a field adjoining to Burnham's garrison, where they insultingly showed their prisoners, and derided the people, thinking themselves out of reach of their shot. A young man from the sentry-box fired at one who was making some indecent signs of defiance, and woun- ded him in the heel : Him they placed on a liorse and carried away. Both divisions then met at the falls, where they had part- ed the evening before, and proceeded together to Capt. Wood- man's garrison. The ground being uneven, they approached without danger, and from behind a hill kept up a long and severe fire at the hats and caps which the people within held up on sticks above the walls, without any other damage than galling the roof of the house. At length, ai)prehending it was time for the people in the neighboring setdemcnts to be collected in pursuit of them, they finally withdrew; having killed and captivated between ninety and an hundred persons, and burned about twenty houses, 1694.] PROVINCE. JOHN USHER. 141 of which five were garrisons.* The main body of them retreat- ed over AVinnipiseogee lake, where they divided their prisoners, separating those in particular who were most intimately connected, in which they often took a pleasure suited to their savage nature, f About forty of the enemy under Toxus,^1 Norridgewog chief, resolving on farther mischief, went westward and did execution as far as Groton. A smaller party having crossed the river Pascata- qua, came to a farm where Ursula Cutt, widow of the deceased president, resided, who imagining the enemy had done what mis- chief they intended for that time, could not be persuaded to remove into town till her haymaking should be finished. As she was in the field with her laborers, the enemy fired from an ambush and killed her, with three others. * Colonel Richard Waldron and his wife, with their infant son, (afterward secretary) had almost shared the same fate. They were taking boat to go and dine with this lady, when they were stopped by the arrival of some friends at their house ; whilst at dinner they were informed of her death. She lived about two miles above the town of Portsmouth, and had laid out her farm with much elegance. The scalps taken in this whole expedition were carried to Canada by Madokawando, and presented to Count Frontenac, from whom he received the re- ward of his treacherous adventure. There is no mention of any more mischief by the Indians with- in this province till the next year, when, in the month ^cQr of July, two men were killed at Exeter. The following '^' year, on the seventh day of May, John Church, who had been taken and escaped from them seven years before, was ^cQf killed and scalped at Cochecho, near his own house. On the twenty-sixthbf June, an attack was made at Portsmouth plain, (1) Magnalia, lib. 7, page 8G. * Charlevoix, with his usual parade, boasts of their having killed two hun- dred and thirty people, and burned fifty or sixty houses. He speaks of only two forts, both of which were stormed. [The Rev. Jolm Pike, in his manu- script Journal, says they " killed and carried away 04 persons and burnt 13 houses." As he then lived in Dover and made a record of the event nearthe time it occurred, we can probably depend upon the accuracy of his statement.] t Among these prisoners, were Thomas Drew and liis wife, who were new- ly married. He was carried to Canada, where he continued two years and was redeemed. She to Norridgewog, and was gone four years, in whicli she endured everything but death. She was delivered of a child in tiie winter in the open air, and in a violent snow storm. Buing unable to suckle her child, or provide it any food, the Indians killed it. She lived fourteen days on a decoction of the bark of trees. Once, they set her to draw a sled up a river against a piercing north-west wind, and left her. She was so overcome with the cold that she grew sleepy, laid down and was nearly dead, when they returned ; they carried her senseless to a wigwam, and poured warm water down her throat, which recovered her. After her return to her hus- band, she had fourteen children ; tliey lived together till he was ninety-three, and she eighty-nine years of age ; they died within two days of each other,' and were buried in one grave. *»* These particular circumstances of the destruction at Oyster river were at my desire collected from the information of aged people by John Smith, Esq. a descendant of one of the sullering families. (43 HISTORY OF NEW-HAMPSHIRE. [1696. about Uvo miles from the town. The enemy came from York- nubble to Sandy-beach in canoes, which they hid there among the bushes near the shore. Some suspicion was formed the day before by reason of the cattle running out of the woods at Little- harbor ; but false alarms were frequent, and this was not much regarded. Early in the morning, the attack was made on five houses at once. Fourteen persons were killed on the spot ; one was scalped and left for dead, but recovered, and four were taken. The enemy having plundered the houses of what they could carry, set them on fire, and made a precipitate retreat through the great swamp. A company of militia under Captain Shackford* and lieutenant Libbcy pursued, and discovered them cooking their breakfast, at a place ever since called Breakfast-hill, in Rye. The Indians were on the fardier side, having placed their captives between themselves and the top of the hill, that in case of an at- tack they might first receive the fire. The lieutenant pleaded to go round the hill, and come upon diem below to cut off their re- treat ; but die captain fearing in that case that they would, ac- cording to their custom, kill the prisoners, rushed upon them from the top of the hill, by which means they retook the captives and plunder, but the Indians, rolling down the hill, escaped into the swamp and got to their canoes. Another party, under another commander, Gerrish, was then sent out in shallops to intercept them as they should cross over to the eastward by night. The captain ranged his boats in a line, and ordered his men to reserve their fire till he gave the watchword. It being a calm night, the Indians were heard as diey advanced ; but the captain, unhappily giving the word before they had come within gun-shot, diey tacked about to the southward, and going round the Isles of Shoals, by the favor of their light canoes escaped. The watch-word was Crambo, which the captain ever after bore as an appendage to his tide.^ On the twenty-sixth day of July, the people of Dover were w^aylaid as they were returning from the public worship, when three were killed, three wounded, and dirce carried to Penobscot, from whence they soon found their way home.- f The next year, on the tenth of June, the town of Exeter was remarkably preserved from destruction. A body of the enemy .^„ had placed themselves near the town, intending to make an assault in the morning of die next day. A number of women and children contrary to the advice of their friends went (1) Judge Parker. (2) Magnalia, lib. 7, p. 89. * [William Shackford was of Dover, and one of tlio grand jury in 1682.] t [The persons killed were Nicholas Otis, Mary Downs and Mary Jones ; those wounded were Richard Otis, Anthony Lowden and E.vperience Heard ; those captured were John Tucker, Nicholas Otis, jr., and Judith Ricker. On the 25th Augu.st following, Lieutenant Lock was slain by the Indians at San- dy Reach, and soon after Arnold Rreck, «fcc. was shot at betwixt Hampton and Greenland. Rev. John Pike, MS. Journal.] 1697.] PROVINCE. JOHN USHER. 143 into the fields, without a guard, to gather strawberries. When they were gone, some persons, to frighten them, fired an alarm ; which quickly spread through the town, and brought the people together in arms. The Indians supposing that they were discov- ered, and quickened by fear, after killing one, wounding another, and taking a child, made a hasty retreat and were seen no more there. But on the fourth day of July, they waylaid and killed the worthy Major Frost* at Kittery, to whom they had owed re- venge ever since the seizure of the four hundred at Cochecho, in which he was concerned.* The same year, an invasion of the country was projected by the French. A fleet was to sail from France to Newfoundland, and thence to Penobscot, where being joined by an army from Cana- da, an attempt was to be made on Boston, and the seacoast rav- aged from thence to Pascataqua. The plan was too extensive and complicated to be executed in one summer. The fleet came no further than Newfoundland, when the advanced season, and scantiness of provisions obliged them to give over the design. The people of New-England were apprized of the danger, and made the best preparations in their power. They strengthened their fortifications on the coast, and raised a body of men to de- fend the frontiers against the Indians who were expected to co- operate with the French. Some mischief was done by lurking parties at the eastward ; but New-Hampshire was unmolested by them during the reinainder of this, and the whole of the following year.f After the peace of Rysvvick, Count Frontenac informed the Indians that he could not any longer support them in a war , ^^o with the English, with whom his nation was then at peace. He therefore advised them to bury the hatchet and restore their captives. Having suffered much by famine, and being divided in their opinions about prosecuting the war, after a long time they were brought to a treaty at Casco ; where they ratified .pnq their former engagements; acknowledged subjection to tlie crown of England ; lamented their former perfidy, and "' (1) Mag. lib. 7, page 91. MS. Journal. * [Ma_jor Charles Frost, was the representative of Kittery in the General Court ot Massachusetts in the years 1058, IGdO and 1G(!1 , and was long an active and useful officer in the Indian wars. He is named by Hubbard in his Wars with the Eastern Indians, p. 28. Under the charter of William and Mary, at the first election of counsellors, in 1C93, he was selected for one of those to be chosen for Maine. He was probably related to the Frosts of New- Hampshire, where the name has continued with reputation from an early period to the present time.] t [It was in 1(597, on the 15 of March, that the town of Haverhill, in Massa- chusetts, was attacked by the Indians, and some of the prisoners there taken were brought into New-Hampshire, among whom was the intrepid Hannah Duston, whose story is well known. It was on a small island at tlie mouth of Contoocook river, about six miles above the State House in Concord, that she destroyed her captors. She and her coadjutors killed two men, two wo- men, and six others, and having scalped them, carried their scalps to Boston.] 144 HISTORY OF NEW-HAMPSHIRE. [16D9. j)roniiscd future peace and good behaviour in such terms as the commissioners dictated, and with as much sincerity as could be expected. 1 At the same time, they restored those captives, who were able to travel from the places of their detention to Casco in that" unfavorable season of the year; giving assurance for the return of the others in the spring ; but many of the younger sort, both males and females, were detained ; who, mingling with the Indians, contributed to a succession of enemies in future wars against their own country. *2 (1) Mag. lib. 7, page 94. (2) Hutch, vol. 2, page 110. * [I have endeavored to collect from various authorities, but principally from a MS. Journal of the Rev. John Pike, of Dover, a summary account of the depredations committed by the Indians in the Eastern part of New-Eng- land, during what Cotton Mather calls " Decennium Luctuosum, or the long War with the Indian Salvages," which is presented below in a tabular form, and so far as was practicable, in chronological order. Other depredations doubtless were committed of which no account is preserved. Time. Places attacked. JVo Killed. Wounded. Capt'd. 1G89. 28 June, Dover, 23 29 August, Oyster River, (Durham) 18 — — August, Andovcr, Ms. 2(1) — — 1C90. 2 February, Schenectady, N. Y. 60 — 27 18 March, Salmon-Falls, 27 — 52 22 August, York, Me. — — 1 Fox Point, (Newington) 14 — G 4 July, Lamprey River, 8 — 1 5 July, Exeter, 8 — — (i July, Wheelwright's pond, (Lee ) 16 — — 7 July, Amesbury, Ms. 3 — — July or Aug . Maquoit, Me. 1 1 21 September, Maquoit, (near Casco) 8 24 — 1G92. 25 January, York, Me. 48 — 18 July, Lancaster, Ms. 6 1 1 August, Billerica, Ms. G — 28 September, Newichwannock,(S.Berwick)2 — 2!) September, Sandy Beach, (Rye) 21(2) — — 1G93. 10 May, Dover, 1(3) — — 1094. 18 July, Oyster River, 94(4) — — 21 July, Portsmouth, 4 — — 27 July, Groton, Ms. 22 13 20 August, Spruce Creek and York, 5 — 24 August, Long Reach, (Kittery) 8(5) — — 4 September, Pond Plain. Ms. (G) 2 — — 1695. 28 March, Saco Fort. Me. 1 1 — 6 July, Kittery. Me. — 1 — 7 July, York, Me. 1 — — July, Exeter, 2 — — Lancaster, Ms. 1 — — Haverhill, Ms. — 2 — 5 August, Billerica, Ms. 10 5 — August, Saco Fort, Me. 1 — — (1) Four from Andover died the same year in the war at the Eastward. — Abbot, Hist. Andover, 43. (2) This number includes those who were killed and carried away. Pike, MS. Journal. (3) This was Tobias Hanson, who is not named by Dr. Belknap. (4) Killed and carried away. (Ty) Killed and captured. (G) Between Amesbury and Haverhill, Ms. PROVINCE. JOHN USHKH. 145 A general view of an Indian war will give a jusl idea of these distressing times, and be a proper close to this narration. The Indians were seldom or never seen before they did exe- cution. They appeared not in the open field, nor gave proofs of a truly masculine courage ; but did their exploits by surprise, chiefly in the morning, keeping themselves hid behind logs and bushes, near the paths in the woods, or the fences contiguous to the doors of houses ; and their lurking holes could be known only by the report of their guns, which was indeed but feeble, as they were sparing of ammunition, and as near as possible to their object before diey fired. They rarely assaulted an house unless they knew there would be but little resistance, and it has been after- ward known that they have lain in ambush for days together, watching the motions of the people at their work, without daring to discover themselves. One of their chiefs, who had got a woman's riding-hood among his plunder, would put it on, in an evening, and walk into the streets of Portsmouth, looking into the windows of houses, and listening to the conversation of the people. Their cruelty was chiefly exercised upon children, and such aged, infirm, or corpulent persons as could not bear the hardships of a journey through the wilderness. If they took a woman far I69r). 1G9G. 1C97. 1698. Time,. 9 September, 7 October, 7 May, 24 June, 26 June, 26 July, 13 August, 15 August, 25 August, 25 August, 27 August, 13 October, 15 March, 20 May, 10 June, 10 June, 4 July, 29 July, 7 August, 9 September, 11 September, 15 November, 22 February, February, 9 May, 9 May, Places attacked. Pemaquid, Me. 4 Newbury,' Ms. — Dover, (or near it) 1 York, Me. 2 Sagamores Creek, (Ports.) 24 Ko. Killed. Wounded. Dove Andover, Ms. Haverhill, Ms. Oxford, Ma. Sandy Beach, Lubberland.(l) Saco Fort, Me. Haverhill, Ms, York, Me'. Groton, Ms. Exeter, Salisbury, Ms. Kittery, Me. Dover, Saco Fort, Me. Damariscotta, Me. Lancaster, Ms. Johnson's Creek, Andover, Ms. Haverhill, Ms. Spruce Creek, Me. York, Me. Cap't. 9 40(2) — 1 1 1 3 3 12 21 1 5 2 1 12 2 (1) This place was in New-Hampshire. (2) This was the number killed and taken. Mr. Saltonstall in hie Hi»l. of Haverhill, p. 8, says that, " In 1697, fourteen persons were killed, [in Haver- hill] eight of them children." These he makes in addition to the above 40 killed and taken when Mrs. Dustou was captured, the time of which he er- roneously places under 1698.] 21 14G HISTORY OF NEW-HAMPSHIRE. advanced in pregnancy, tlieir knives were plunged into her bo\v'- els. An infant, when it became troublesome, had its brains dash- ed out against the next tree or stone. Sometimes to torment the wretched mother, they would whip and beat the child till almost dead, or hold it under water till its breath was just gone, and then throw it to her to comlbrt and quiet it. If the mother could not readily still its weeping, the hatchet was buried in its skull. A captive wearied with a burden laid on his shoulders was often sent to rest the same way. If any one proved refractory, or was known to have been instrumental of the death of an Indian, or re- lated to one who had been so, he was tortured with a lingering punishment, generally at the stake, whilst the other captives were insulted with the sight of his miseries. Sometimes a fire would be kindled and a threatening given out against one or more, though there was no intention of sacrificing them, only to make sport of their terrors. The young Indians often signalized their cruelty in treating captives inhumanly out of sight of the elder, and when inquiry was made into the matter, the insulted captive must either be silent or put the best face on it, to prevent worse treatment for the future. If a captive appeared sad and dejected he Mas sure to meet with insult ; but if he could sing and dance and laugh with his masters, he was carressed as a brother. They had a strong aversion to negroes, and generally killed them when they fell into their hands. Famine was a common attendant on these doleful captivities. The Indians when they cauglit any game devoured it all at one sitting, and then girding themselves round the waist, travelled without sustenance till chance threw more in their way. The captives, unused to such canine repasts and abstinences, could not support the surfeit of the one, nor the craving of the other. A change of masters, though it sometimes proved a relief from mis- ery, yet rendered the prospect of a return to their homes more distant. If an Indian had lost a relative, a prisoner bought for a gun, a hatchet, or a few skins, must supply the place of the de- ceased, and be the father, brother, or son of the purchaser ; and those who could accommodate themselves to such barbarous adoption, were treated with the same kindness as the persons in whose place they were substituted. A sale among the French of Canada was the most happy event to a captive, especially if he became a servant in the family ; though sometimes, even there, a prison was their lot, till opportunity presented for their redemp- tion ; whilst the priests employed every seducing art to pervert them to the popish religion, and induce them to abandon their country. These circumstances, joined with the more obvious hardships of travelling half naked and barefoot through pathless deserts, over craggy mountains and deep swamps, through frost, rain and snow, exposed by day and night to the inclemency of PROVINCE. JOHN USHER. 147 ihc weather, and in summer to the venomous stings of those num- berless insects with which the woods abound ; the restless anxiety of mind, the retrospect of past scenes of pleasure, the remem- brance of distant friends, die bereavements experienced at die beginning or during the progress of the captivity, and the daily apprehension of death either by famine or the savage enemy ; these were the horrors of an Indian captivity. On the other hand, it must be acknowledged that there have been instances of justice, generosity and tenderness during these wars which would have done honor to a civilized ])eople. A kindness shewn to an Indian was remembered as long as an in- jury ; and persons have had their lives spared, for acts of human- ity done to the ancestors of those Indians, into whose hands they have fallen.* They would sometimes " carry children on their " arms and shoulders, feed their prisoners with the best of their " provision, and pinch themselves radier than their captives should " want food." When sick or wounded, they would afford them proper means for their recovery, which they were very well able to do by their knowledge of simples. In thus preserving the lives and health of their prisoners, they doubdess had a view of gain. But the most remarkably favorable circumstance in an Indian captivity, was their decent behaviour to women. I have never read, nor heard, nor could find by inquiry, that any woman who fell into their hands was ever treated with the least immodesty ; but testimonies to the contrary are very frequent. f Whether this negative virtue is to be ascribed to a natural frigidity of con- stitution, let philosophers inquire : The fact is certain ; and it was a most happy circumstance for our female captives, that in * Several instances to this purpose have been occasionally mentioned in the course of this narrative. The following additional one is taken from Capt. Hammond's MS. Journal. " April 13, 1G77. The Indians Simon. Andrew " and Peter burnt the house of Edward Weymouth at Sturgeon creek. They " plundered the house of one Crawley but did not kill him, because of soma " kindness done to Simon's grandmother." t Mary Rowlaudson who was captured at Lancaster, in 1G7.5, has this pas- sage in her narrative, (p. 55.) '• I have been in the midst of these roaring iions and savage bears, that feared neither God nor man nor the devil, by day and night, alone and in company ; sleeping all sorts together, and yet not one of them ever oft'ered mo the least abuse of unchastity in word or action." Elizabeth Hanson who was taken from Dover in 1724, testifies in her nar- rative, (p. 28) that '■ tlie Indians are very civil toward their captive women, not offering any incivility by any indecent carriage." William Fleming, who was taken in Pennsylvania, in 1755, says the In- dians told him '• he need not be afraid of their abusing his wife, for they would not do it, for fear of offending tlieir God (pointing'their hands toward heaven) for the man that affronts his God will surely be'^killed when he goes to war." He farther says. th;il one of them gave his wife a shift and petticoat which he had among his plunder, and tJiougii he was alone with her, yet '• he turned his back, and went to some distance whilst she put them on." (p. 10.) Charlevoix in liis accountof the Indians of Canada, says, (letter 7) '"There is no e.\ample that any have ever taken the least liberty with the Frencli women, even when they were thoir prisoners." 148 HISTORY OF .NEW-HAMPSHIRE. the midst of all their distresses, they had no reason to fear from a savage foe, the perpetration of a crime, which has too frequently disgraced, not only the personal, hut the national character of those, who make large pretences to civilization and humanity. CHAPTER XI. The civil affairs of tlie Province during the administrations of UnliPr, Part- ridge, Allen, the Earl of Bellomont and Dudley, comprehending tlie wholt* controvers}' with Allen and his heirs. John Usher, Esquire, was a native of Boston, and by profes- sion a stationer. He was possessed of an handsome fortune, and sustained a fair character in trade. He had been employed by the Massachusetts government, when in England, to negotiate the purchase of the province of Maine, from the heirs of Sir Ferdin- ando Gorges, and had tlicreby got a taste for speculating in land- ed interest. He was one of the partners in the million purchase, and had sanguine expectations of gain from that quarter. He had rendered himself unpopular among his countrymen, by ac- cepting the office of treasurer, under Sir Edmund Andros, and joining with apparent zeal in the measures of that administration, and he continued a friendly connexion with that party, after they were displaced.' Though not illnatured, but rather of an open and generous dis- position, yet he wanted those accomplishments which he might have acquired by a learned and polite education. He had but litde of the .statesman, and less of the courtier. Instead of an engaging aftability he affected a severity in his deportment, was loud in conversation, and stern in command. Fond of presiding in government, he frequently journeyed into the province, (though his residence was at Boston, where he carried on his business as usual,) and often summoned the council, when he had little or nothing to lay before them. He gave orders, and found fault like one who felt himself independent, and was determined to be obeyed. He had an high idea of his authority "and the dignity of his commission ; and when opposed and insulted, as he some- times was, he treated die offenders with a severity, which he would not relax, till he had brought them to submission. His public speeches were always incorrect, and sometimes coarse and reproachful.- He seems, however, to have taken as much care for the inter- est and preservation of the province as one in his circumstances (l)l^slicr"s ]iaprrs. (2) T'roviuco files. PIIOVLN'CE. JOHN USIIKU. MO could have done. He began liis administration in the height of a war, which greatly distressed and impoverished the country, yet his views from the beginning were lucrative.* The people perceived these views, and were aware of the danger. The transfer of the title from iNIason to Allen was only a change of names. They expected a repetition of the same difficulties under a new claimant. After the opposition they had hitherto made, it could not be thought strange that men whose pulse heat high for freedom, should refuse to submit to vassalage ; nor, whilst they were on one side defending their possessions against a sav- age enemy, could it be expected, that on the other, they should tamely suffer the intrusion of a landlord. Usher's interest was united with theirs in jn-oviding for the defence of the country, and contending with the enemy ; but when the proprietary of the soil was in quesdon, they stood on opposite sides ; and as both these controversies were carried on at the same time, the conduct of the people toward him varied according to the exigency of the case. They sometimes voted him thanks for his services, and at other times complained of his abusing and oppressing them. Some of them would have been content to have held their es- tates under Allen's title,f but the greater part, including the principal men, were resolved to oppose it to the last extremity. They had an aversion not only to the proprietary claim on their lands, but their separation from the IMassachusetts government, under which they had formerly enjoyed so much freedom and peace. They had petitioned to be re-annexed to them, at the time of the rev'olution ; and they were always very fond of ap- plying to them for help in their difficulties, that it might appear how unable they were to subsist alone. They knew also that the Massachusetts people were as averse as themselves to Allen's claim, which extended to a great part of their lands, and was particularly noticed in their new charter. Soon after Usher's arrival, he made inquiry for the papers which contained the transactions relative to Mason's suits. Du- ring the suspension of government in 1G89, Captain John Picker- ing, J a man of a rough and adventurous spirit, and a lawyer, had gone with a company of armed men to the house of Chamberlain, the late secretary and clerk, and demanded the records and files " In a letter to George Dorrington and John Taylor in London, he writfs tlius : *• Jan. 2fl, 1(592 — 3. In case yourselves are concerned in the province " of'New-IIanipshire. with prudent management it may be worth money, the " people only paying 4d and 2d per acre. The reason why the commonalty " of the people do not agree is because 3 or 4 of the great landed men dissuade " them from it. The people have petitioned the king to be anne.xed to Bos- " ton government, but it will not be for the proprietor's interest to admit of " that unless the king sends a general governor over all." t " I liave 40 hands in Exeter who desire to take patents for land from you, '' and many in otlier towns." Usher to Allen. October, 1005. + [He often wrote his name PickerinJ 150 HISTORY OF NEW-HAMPSHIRE. [1693. which were in his possession. Chamberlain refused to deliver them without some legal warrant for security ; but Pickering took them by force, and conveyed them over the river to Kittery. Pickering was summoned before the governor, threatened and im- prisoned, but for some time would neither deliver the books, nor discover the place of their concealment, unless by order of the assembly and to some person by them ajipointed to receive them. At length, however, he was constrained to deliver them, and they were put into the hands of the secretary, by the lieutenant-gov- ernor's order. Another favorite point with Usher was to have the boundary between New-Hampshire and Massachusetts ascertained. There ifiQ"? were reasons which induced some of the people to fall in with this desire. The general idea was, that New-Hamp- shire began at the end of three miles north of the river Merri- mack ; which imaginary line was also the boundary of the ad- joining townships on each side. The people who lived, and owned lands near these limits, pretended to belong to either prov- ince, as best suited their conveniency ; which caused a difficulty in the collecting of taxes, and cutting of timber. The town of ■•(^qr Hampton was sensibly affected with these difficulties, and Oct 1-2 petitioned the council that the line might be run. The council appointed a committee of Hampton men to do it, and gave notice to Massachusetts of their intention ; desiring them to join in the affair.^ They disliked it, and declined to act ; upon which, the lieutenant-governor and council of New-Hampshire caused the boundary line to be run from the sea-shore three miles northward of Merrimack, and parallel to the river, as far as any settlements had been made, or lands occupied.^ The only attempt made to extend the settlement of the lands during these times, was, that h\ the spring of the year 1694, whilst there was a trvice with the Indians, Usher granted a charter for the township of Kingston, to about twenty petitioners from Hamp- ton. They were soon discouraged by the dangers and difficul- ties of the succeeding hostilities, and many of them returned home within two years. After die war, they resumed their en- terprise ; but it was not till the year 1725, that they were able to obtain the settlement of a minister. No alteradons took place in the old towns, except the separation of Great-Island, Litde- ^Cqc Harbor, and Sandy-Beach, from Portsmouth, and their erecdon into a town by the name of New-Casde ; togeth- er widi the annexation of that part of Squamscot patent which now bears the name of Stradiam, to Exeter, it having before been connected with Hampton. ^ The lieutenant-governor was very forward in these transactions, (1) Prov. files. (2) Brief of thp case ofN. II. and Mass. stated by Strang* and Hollings, 1738, p. 8. (3) Prov. files. 1693.] PROVINCE. JOHN USHER. 101 thinking them circumstances favoral)lc to his views, and iieing willing to recommend himself to the people by seconding their wishes as far as was consistent with the interest he moaned to serve. The people, however, regarded the settling and dividing of townships, and the running of lines, only as mailers of general convenience, and continued to be disgusted with his administra- tion. His repeated calls upon them for money were answered by repeated pleas of poverty, and requests for assistance from the neighboring province. Usher used all his influence with that gov- ernment to obtain a supply of men to garrison the frontiers ; and when they wanted provisions for the garrisons, and could not read- ily raise the money, he would advance it out of his own purse and wait till the treasury could reimburse it. During the two or three first years of his administration the public charges were provided for as they had been before, by an excise on wines and other spirituous liquors, and an impost on merchandize. These duties being laid only from year to year, Usher vehemently urged upon the assembly a renewal of the act, and an extension of the duty to articles of export ; „ * and that a part of the money so raised might be applied to °^''' • the support of government. The answer he obtained was, that ' considering the exposed state of the province, they were obliged ' to apply all the money they could raise to their defence ; and ' therefore ihey were not capable of doing any thing for the sup- ' port of government, though they were sensible his honor had ' been at considerable expense. They begged that he would join ' with the council in representing to the king, the poverty and ' danger of the province, that such methods might be taken for ' their support and preservation as to the royal wisdom should * seem meet.' Being further pressed upon the subject, they pass- ed a vote to lay the proposed duties for one year, ' provided he ' and the council would join with them in petitioning the king to ' annex them to Massachusetts.' He had the mortification of being disappointed in his expecta- tions of gain, not only from the people, but from his employer. Allen had promised him two hundred and fifty pounds per annum for executing his commission ; and when at the end of the third year, Usher drew on him for the payment of this sum, his bill came back protested.* This was the more mortifying, as he had as- siduously and faithfully attended to Allen's interest, and acquaint- ed him from time to time with the means'he had used, the diffi- culties he had encountered, the pleas he had urged, the time he had spent, and die expense he liad incurred in defence and sup- port of his claim. He now desired him to come over and assume the government himself, or get a successor to him appointed in * It is probable that Allen was not able to comply witli this demand. The purchase of the province from the Masons had been made •• with other men's money." Letter of lusher to Sir Matthew Dudley. Sept 1718. 152 lllxnoin UF >EW-I1AMP!SHIHE. [1695. the ofiice of ricutenaiit-governor.' He did not know that the peo- ple were hefore liand of him ia this latter request. On a pretence of disloyalty he had removed Hinckes, Wal- dron and Vaughan from their seats in the council.* The former ol' these was a man who could change with the times ; the two latter were steady opposcrs of the proprietary claim. Their sus- pension irritated the people, who, by their inliuence, privately agreed to reconmiend William Partridge, Esq., as a proper person for their lieutenant-governor in Usher's stead. Partridge was a native of Portsmouth, a shipwright, of an extraordinary mechan- ical genius, of a politic turn of mind, and a popular man. He was treasurer of the province, and had been ill used by Usher. Being largely concerned in trade he was well known in England, having supplied the navy with masts and timber. His sudden de- parture for England was very surprising to Usher, who could not imagine he had any other business than to settle his accounts. — But the surprise was greatly increased, when he returned 1697. ^viti^ a commission appointing him lieutenant-governor and "■ commander in chief in Allen's absence." It was obtained of the lords justices in the king's absence, by the interest of Sir Henry Ashurst, and was dated June 6, 1696. Immediately on his arrival, his appointment was publicly made known to the people ; though, either from the delay of making out his instructions, or for want of the form of an oath necessary to be taken, the commission was not published in the usual manner. But the party in opposition to Usher triumphed. The suspended counsellors resumed their seats, Pickering was made king's attor- ne}', and Hinkes, as president of the council, opened the ■ assembly with a speech. This assembly ordered the records which had been taken from Pickering to be deposited in the hands of Major Vaughan, who was appointed recorder : in consequence of which they have been kept in that office ever since.^ Usher being at Boston when this alteration took place, wrote to them, declaring that no commission could supersede his, till duly published ; and intimated his intention of coming hither, " if he could be safe with his life." He also despatched his secretary, Charles Story, to England, with an account of this trans- ^ ■ " ■ action, which in one of his private letters he styles " the Pascataqua rebellion ;" adding, that " the militia were raised, and forty horse sent to seize him ;" and intimating that the confusion was so great, that " if But three French ships were to appear, he (1) Usher's letter to Allen, July and Oct. 1G95. (2) Ashurst's letters in files. (3) MS. Laws. * [The alleged cause of the suspension of Waldron and Vaughan was their refusing to take the oath of allegiance, according to a Law of the Province of July, 16%, requiring all male persons from 16 years old and upwards to Uke said oath, and for refusing to sign an association paper according to th« form of the statute in England ] 1697.] PROVINCE. WILLIAM PARTRIDGE. 153 believed they would surrender on die first summons. "^ The ex- treme imprudence of sending such a letter across die Adantic in time of war, was suU heightened by an apprehension which then prevailed, that the French were preparing an armament to invade the country, and that " they particularly designed for Pascataqua river 552 In answer to his complaint, the lords of trade directed him to continue in the place of lieutenant-governor, till Partridge should qualify himself, or till Richard, Earl of Bcllomont, should ^^ g arrive ; who was commissioned to the government of New- York, Massachusetts Bay and New-Hampshire ; but had not yet departed from England. Usher received the letter from the lords together with the articles of peace which had been con- eluded at Ryswick, and immediately set off for New- Hampshire, (where he had not been for a year) proclaimed the peace, and published the orders he had received, and j^^^ ^^ having proceded thus far, " thought all well and quiet." But his opposers having held a consultation at night. Partridge's commission was the next day published in form ; he took „ the oaths, and entered on the administration of govern- ment,^ to die complete vexation and disappointment of Usher, who had been so elated with the confirmation of his commission, that as he passed through Hampton, he had forbidden the minister of that place to observe a thanksgiving day, which had been appoint- ed by President Hinckes.* An assembly being called, one of their first acts was to write to the lords of trade, ' acknowledging the favor of the king * in appointing one of their own inhabitants to the command l^y^* ' of the province, complaining of Usher, and alleging that ' there had been no disturbances but what he himself had made ; de- ' daring that diose counsellors whom he had suspended were loy- ' al subjects, and capable of serving the king ; and informing their ' lordships that Partridge had now qualified himself, and that they * were waiting the arrival of the Earl of Bellomont.' They also deputed Jchabod Plaisted to wait on the Earl at New-York, and compliment him on his arrival. ' If he should ' find his lordship high, and reserved, and not easy of access, he ' was instructed to employ some gentleman who was in his confi- ' dence to manage the business ; but if easy and free, he was to * wait on him in person ; to tell him how joyfully they received ' the news of his appointment, and that they daily expected Gov- ' ernor Allen, whose commission would be accounted good, * till his lordship's should be published, and to ask his advice, ' how they should behave in such a case.'^ The principal design of this message was to make Uieir court to the earl, and get the (1) Usher's Letters. (2) Lt. Gov. Stoughton"s letter of Feb. 22, in files. (3) Usher's papers. (4) Council files. (5) Plaisted's instructions, in files. 22 154 HISTORY OF iNEW-HAMPSHIRE. [1698. Start of Usher, or any of his friends, who niiglit prepossess him with an opinion to their disadvantage. But if this should have liappened, Plalsted was directed ' to observe what reception they ' met with. If his lordship was ready to come this way, he was ' to beg leave to attend him as far as Boston, and then ask his ' permission to return home ;' and he was furnished with a letter of credit to defray his expenses. This message, which shows the contrivers to be no mean politicians, had the desired efTect. The earl continued at New-York for the first year after his ar- rival in America ; during which time, Governor Allen came over, as it was expected, and his commission being still in force, °' ■ he took the oaths and assumed the command. Upon Sept. 15. which, Usher again made his appearance in council, Nov 29 where he produced the letter from the lords of trade, claiming his place as lieutenant-governor, and declared that the suspended counsellors had no right to sit till restored by the king's order. This brought on an altercation, wherein Elliot affirmed, that Partridge was duly qualified and in office, that Waldron and Vaughan had been suspended without cause, and that if they were not allowed to sit, the rest were determined to resign. The governor declared Usher to be of the council ; upon which Elliot withdrew. At the succeeding assembly, two new counsellors appeared ; Joseph Smith, and Kingsly Hall.* The first day passed quietly. fiQO '^ ''® governor approved Pickering as speaker of the house ; Ja 5' ^°'^ them he had assumed the government, because the Earl of Bellomont had not arrived ; recommended a con- tinuance of the excise and powder money, and advised them to send a congratulatory message to the Earl at New- York. The next day, the house answered, that they had continued the customs and excise till November, that they had al- ready congratulated the earl, and received a kind answer, and were waiting his arrival ; ivhen they should enter further on busi- ness. They complained that Allen's conduct had been grievous in forbidding the collecting of the last tax, whereby the public debts were not paid ; in displacing sundry fit persons, and ap- pointing others less fit, and admitting Usher to be of the council, though superseded by Partridge's commission. These things, they told him, had obliged some members of the council and as- sembly to apply to his lordship for relief, and, " unless he should manage with a more moderate hand," they threatened him with second application. The same day. Coffin and Weare moved a question in council, whether Usher was one of that body. He asserted his privilege, and obtained a major vote. They then entered their dissent, and * [Joseph Smith was of Hampton. Kingsly Hall was of Exeter. The last married a daughter of Rev. Samuel Dudley.] 1G99.] PROVINCE. BELLOMONT. 155 desired a dismission. The a;overnor forbade their departure. Weare answered that he would not, by sitting there, put contempt on the king's commission, meaning Partridge's, and withdrew. The next day, the assembly ordered the money arising from the impost and excise to be kept in the treasury, till the Earl of Bell- omont's arrival; and the governor dissolved them. These violences on his part were supposed to originate from Usher's resentment, and his overbearing influence upon Allen, who is said to have been rather of a pacific and condescending disposition. The same ill temper continued during the remainder of this short administration. The old counsellors, excepting Fry- er, refused to sit. Sampson Sheafe and Peter Weare made up tiie quorum. Sheafe was also secretary ; Smith treasurer, and William Ardell sheriff. The constables refused to collect the taxes of the preceeding year, and the governor was obliged to revoke his orders, and commission the former constables to do the duty which he had forbidden.*^ In the spring, the earl of Bellomont set out for his eastern gov- ernments. The council voted an address, and sent a committee, of which Usher was one, to present it to him at Boston ; and preparations were made for his reception in New-Hampshire ; where he, at length, came and published his commission, . to the great joy of the people, v.ho now saw at the head of the government, a nobleman of distinguished figure and polite manners, a firm friend to the revolution, a favorite of King Will- iam, and one who had no interest in oppressing them. (1) MS. in the files. * [On the 6 January, 1C99, the Eastern Indians renewed their submission to the Crown of England, at Casco Bay, near " Mare's point," (Coll. N. H. Hist. Soc. ii. 2G5 — 267) whereupon lieutenant-o;overnor Stoughton issued a proclamation, a copy ofwhich was sent to governor Allen, of New-Hampshire, accompanied with the following letter, latel}' discovered among secretary W.ildron's papers. '• Ilonlilc i)ir : — Upon the late submission made by the Eastern Indians whicii it's lioped will settle all things in a present quiet, I have thought fit, with the advice and consent of liis IVIa:t,ys Council liere, to emit a Proclama- tion (copy whereof is enclosed) to promote the regular settlement of the East- ern parts of this Province, and for regulating of Trade with tlie Indians, the better to secure and preserve his Ma'tys Interests and tlie future peace and tranquillity of his subjects, that no just provocation may be given to tiie In- dians, or any abuse or injustice done thena therein — the terms wliereof the governmt. here expect an exact compliance witli, and conformity unto. And judge it necessary for his Ma'tys service that your honour be acquainted therewith, to the end his Ma : tys subjects within your Government may be notified thereof in such way as you sliall think most adviseable, tliat neither the good intent of the sd. Proclamation be defeated, nor they suffer any loss or damage by acting any thing contrary tliereunto witliin tlie jiarts of this his Ma: tys (Grovernment. Assuring my selfe nothing will be'wanting on your honor's part to prevent the mischief es that may ensue upon neglect of the due observance thereof, I am with much respect. Sir, Your very humble servant, Wm. Stoughtow." " Boston, February 16th : 1098. "(1) (1) That is 1698-9.] 15(5 HISTORY OP NEW-HAMPSHIRE. [1699. During the controversy with Allen, Partridge had withdrawn ; but upon this change, he look his seat as lieutenant-governor, and the displaced counsellors were again called to the board. A pe- tition was presented against the judges of the superior court, and a proclamation was issued for justices of the peace and constables only to continue in office, whereby the judges' commissions de- termined. Richard Jose was made sheriff in the room of Ardell, and Charles Story secretary in the room of Sheafe. The government was now modelled in favor of the peo})le, and they rejoiced in the change, as they apprehended the way was opened for an effectual settlement of their long continued diffi- culties and disputes. Both parties laid their complaints before the governor, who wisely avoided censuring either, and advised to a revival of the courts of justice, in which the main controversy might be legally decided. This was agreed to, and the necessary- acts being passed by an assembly, (who also presented the earl with five hundred pounds which lie obtained the king's leave to accept) after about eighteen day's stay, he quitted the province, leaving Partridge, now quietly seated in the chair, to appoint the judges of the respective courts. Hinckes was made chief jus- tice of the superior court, with Peter Coffin, John Gerrish and John Plaisted for assistants; Waldron chief justice of the inferior court, with Henry Dow, Theodore Atkinson and John Woodman for assistants.^ One principal object of the earl's attention was, to fortify the harbor, and provide for the defence of the country in case of another war. He had recommended to the assembly, in his speech, the building of a strong fort on Great Island, and after- ward, in his letters, assured them that if they would provide ma- ^„ „ terials, he would endeavor to prevail on the king to be at June (3 ^'^^ expense of erecting it. Col. Romer, a Dutch En- gineer, having viewed the spot, produced to the assembly an estimate of the cost and transportation of materials, amounting to above six thousand pounds. They were amazed at the pro- posal ; and retiuMied for answer to the governor, that in their greatest difficulties, when their lives and estates w^ere in the most imminent hazard, they were never able to raise one thousand pounds in a year ;* that they had been exceedingly impoverished (1) Council Records. * I have here placed in one view such assessments as I have been able to find during the preceding war, with tlie proportion of each town, which varied according to their respective circumstances at different times. MS. Laws. irm. 1693. J6i>4. IG'Jj. Uncert. 1697. Portsmouth, 70 210 167 12'.t , and arrived at Quebec, in October follow- ing. He immediately applied liimself to learning tlie language of the Jlhna- kis ; and went to reside in tlieir village, containing 200 inhabitants and situ- ated about three leagues from Que liec, in the midst of a forest. Among the various tribes of Indians, he passed the rest of his life, conforming to their eustoras. living upon their unpalatable food, in irregular and uncertain Bup- 1724.] PROVINCE. JOHN WENTWORTII. 0^7 The parties of Indians who were abroad, continued to ravage the frontiers. Two men being missing from Dunstable, a scout of eleven went in quest of them. They were fired upon by thir- ty of the enemy, and nine of them were killed. ^ The ^ other two made their escape, though one of them was badly ' wounded.* Afterward another company fell into dieir ambush (1) New-England Courant. plies ; taking long journeys through a rugged wilderness, without shelter or comfortable repose by night, and with incessant fatigue l)y day. He is said to have been a man of superior sense and profound learning ; and particular- ly skilled in Latin, which he wrote with classical purity. SSee Memoir of him in 2 Coll. Mass. Hist. Soc. viii. 5>50— 257.] * [The persons taken were Nathan Cross and Thomas Blanchard, who Iiad been engaged in the manufacture of turpentine on the north side of Nashua river, near where Nashua village now stands. At that time, there were no houses or settlements on that side of the river. These men had been in the habit of returning every night to lodge in a saw mill on the other side. Tliat night tlie}' came not as usual. An alarm was given, as it was feared they had fallen into the hands of the Indians. A party consisting of ten of tlie princi- pal inhabitants of the place started in search of them under the direction of one French, a sergeat of the militia. In this company was Joseph Farwell, who was the next year lieutenant under Lovewell. When this party arrived at the spot where these men had been laboring, they found the hoops of the barrel cut, and the turpentine spread on the ground. From certain marks on the trees made with coal mi.xed with grease, they understood that the men were taken and carried oft" alive. In the course of the e.xamination, Farwell Eerceived the turpentine had not ceased spreading, and called the attention of is comrades to this circumstance. They concluded that the Indians had been fone but a short time, and must be near, and decided upon an instant pursuit, arwell advised them to take a circuitous route, to avoid an ambush ; but un- fortunately, he and French had a short time previous had a misunderstandinor, and were tlien at variance. French imputed this advice to cowardice, and called out, " I am going to take the direct path ; if any of you are not .afraid, let him follow me." French led the way, and tiie whole party followed, Far- well falling in the rear. Their route was up the Merrimack, towards which they bent their course to look for their horses upon the interval. At tlie brook, near Lutwyche's (now Thornton's) ferry, they were way-laid. The Indians fired upon tiiem, and killed the larger part instantly. A few fled, but were overtaken and destroyed. French was killed about a mile from the place of action, under an oak tree, lately standing in a field belonging to Mr. Lund of Merrimack. Farwell, in the rear, seeing those before him fall, sprung behind a tree, discharged his piece and ran. Two Indians pursued him : the chase was vigorously maintained for some time, without gaining much advantage, till Farwell passing through a thicket, the Indians lost sio-ht of him, and probably fearing he might have loaded again, tliey desisted. ?Ie was the only one of the company that escaped. A company from the neio-h- borhood mustered on the news of this disaster, proceeded to the fatal spot, took up the bodies of their friends and townsmen, and interred them in the burying ground in Dunstable. My frieiul J. B. Hill, Esq., of E.xeter, Maine, to whom I am indebted for the preceding note, communicated in 1823, informs me, that in the old church yard in Dunstable, on the road to Boston, near the south line of the town, is a monument with the following inscription, copied verbatim ct literatim. " Mrmcnf.0 Mori. Here lies the body of Mr. Thomas Lpnd, who departed this life, Sept. 5th, 1724, in the 42d year of his age. This man with seven more that lies in this grave was slew all in a day by the Indiens." 208 HISTORY OF NEW-HAMFSHIRE. [1724. and engaged ihem ; but the enemy being superior in number overpowered them, killed one, and wounded four, the rest ^^ ■ ■ retreated. At Kingston, Jabez Colman* and his son Jo- seph, were killed as they were at work in the field. ^ The success ot" the forces at Norridgewog and die large premium offered for scalps, having induced several volunteer companies to go out, they visited one after another of the Indian villages, but found them deserted. The fate of Norridgewog had struck such a ter- ror into them, that they did not think themselves safe at any of their former places of abode, and occupied them, as resting places only, when they were scouting or hunting. One of these volunteer companies, under the command of captain John Lovewell of Dunstable, was greatly distinguished, first by their success and afterwards by their misfortunes. This company consisted of thirty. At their first excursion to the northward of Winnipiseogee lake, they discovered an In- dian wigwam, in which were a man and a boy.^ They killed and scalped the man and brought the boy alive to Boston, where they received the reward, promised by law, and a hand- some gratuity besides. By this success, his company was augmented to seventy. They marched again, and visiting the place where they had killed the Indian, found his body as they had left it two months before. ^ ,^r Their provision falling short, thirty of them were dismissed '"^' by lot and returned. The remaining forty continued their march till they discovered a track, which they followed till they saw a smoke just before sunset, by which they judged that ■ the enemy were encamped for the night."^ They kept themselves concealed till after midnight ; when they silently ad- vanced, and discovered ten Indians asleep, round a fire, by the side of a frozen pond. Lovewell now determined to make sure work ; and placing his men conveniently, ordered a part of them to fire, five at once, as quick after each other as possible, and an- other part to reserve their fire : he gave the signal, by firing his own gun, which killed two of them ; the men firing according to order, killed five more on the spot ; the other three starting up (1) PenluiHow, p. 100. (2) Ibid. p. 107. (3) New-England Courant.— <4)MS. of Hugh Adams. Blanchard and Cross were carried to Canada. After remaining there some time, tliey succeeded by their own exertions in effecting their redemption, and returned to their native town. The text says tliat tlie party wlio went after them consisted of eleven ; Penhallow says fourteen, but the number stated in this note is probably correct, it being derived from the late colonel E. Bancroft of Tyngsborough.] * [The late venerable Samuel Welch, of Bow, who died 5 April, 1823, in the 113th year of his age, remembered the death of Colman, as well as the capture of Colcord and Stevens, mentioned under May, 1724, and related to the editor some of the circumstances of these attacks of the Indians, less than a month before his death. It seemed from liis account that Colman waa shot, " one ball through his neck and another through his hip."] 1725.] PROVINCE. JOHN WENTWORTH. 209 from their sleep, two of them were immediately shot dead by the reserve. The other, though wounded, attempted to escape by crossing the pond, but was seized by a dog and held fast till they killed him. Thus in a few minutes the whole company was de- stroyed, and some attempt against the frontiers of Ncw-IIamp- shire prevented ; for these Indians were marching from Canada, well furnished with new guns, and plenty of ammunition ; ihey had also a number of spare blankets, mockaseens and snow-shoes for the accommodation of the prisoners whom they expected to take, and were within two day's march of the frontiers.^ The pond where this exploit was performed is at the head of a branch of Salmonfall river, in the township of Wakefield, and has ever since borne the name of Lovcwell's pond. The action is spoken of by elderly people, at this distance of time, with an air of ex- ultation ; and considering the extreme difficulty of finding and attacking Indians in the woods, and the judicious manner in which they were so completely surprised, it was a capital exploit. The brave company, with the ten scalps stretched on hoops, and elevated on poles, entered Dover in triumph, and pro- „ , ^ needed thence to Boston ; where they received the bounty •of one hundred pounds for each, out of the public treasury. Encouraged by this success, Lovewell marched a third time ; intending to attack the villages of Pequawket, on the upper ^ ^ part of the river Saco, which had been the residence of a formidable tribe, and which they still occasionally inhabited. ^ His company at this time consisted of forty-six, including a chaplain and surgeon. Two of them proving lame, returned ; anoti»er falling sick, they halted and bulk a stockade fort on die west side ■of great Ossipee pond ; partly for the accommodatioji of the sick man, and partly for a place of retreat in case of any misfortijne. Here the surgeon was left with the sick man, and eight of the company for a guard. The number was now reduced to thirty- four.* Pursuing dieir march to the northward, they came to a (1) Penhallow, p. 110. (2) Symmes's Memoirs. * [The names of this brave company deserve to be transmitted to posterity. They were Capt. John Lovewell, Lieut. Joseph Farwell. Lieut. Jonntliaii Rob- bins, Ensign John Harwood, Sergeant Noah Johnson, Robert Usher and Sam- uel Wiiiting, all of Dunstable ; Ensign Seth Wj-nian, Corporal Thomas Ricii- ardson. Timothy Richardson, Ichalxul Jolnison and Josiah Johnson of Wo- burn ; Eleazar Davis, Josiah Dnvis, Josiah Jones, David Melvin. Eleazar Melvin, Jacob Farrar and Joseph Farrar of Concord ; Chaplain Jonathan Frye of Andover ; Sergeant Jacob Fulham of Weston ; Corp. Edward Lingfield of Nutfield ; Jonathan Kittredge and SolomVin Keyes of Rillerica ; John Jefts, Daniel Woods, Thomas Woods, John Chamberlain, Elins Borron, Isaac Lar- kin and Joseph Gilson of Groton ; Ebenezer Ayer and Abicl Asten of FJaver- liill ; and one whose name was considered unworthy of being transmitted to posterity. Noah Johnson was the last survivor of this company. He was a native of Wo])urn, Massachusetts, and one of the first settlers of Pend)roke, the town granted to the survivors and the heirs of tliose who were killed, where he was deacon of the church. He removed to Plymouth in liis old age, and there died 13 August, 17'J8, in the 100th year of his age.J 29 310 HISTORY OF NEW-HAMPSHIRE. [1725. pond, about twenty-two* miles distant from the fort, and encamped by the side of it. Early the next morning, while at their devo- ^^ ■ tions, they heard the report of a gun, and discovered a single Indian, standing on a point of land, which runs into the pond, more tlian a mile distant. They had been alarmed the preceding ni"ht by noises round their camp, which they imagined were made by Indians, and this opinion was now strengthened. They suspected that the Indian was placed there to decoy them, and that a body of the enemy was in their front. A consultation be- ing held, they determined to march forward, and by encompass- in»- the pond, to gain the place where the Indian stood ; and that they mighi be ready for action, they disencumbered themselves of their packs, and left them, without a guard, at the northeast end of the pond, in a pitch-pine plain, where the trees were thin and the brakes, at that time of the year, small. It happened that Lovewell's march had crossed a carrying-place, by which two parties of Indians, consisting of forty-one men, commanded by Paugus and Wahwa, who had been scouting down Saco river, were returning to the lower village of Pequawket, distant about a mile and a half from this pond. Having fallen on his track, they followed it till they came to the packs, which they removed ; and counting them, found the number of his men to be less than their own. They therefore placed themselves in ambush, to attack them on their return. The Indian who had stood on the point, and was returning to the village, by another path, met them, and received their fne, which he returned, and wounded Lovewell and another with small shot. Lieutenant Wyman firing again, killed him, and they took iiis scalp. f Seeing no other enemy, they returned to the place where they had left their packs, and while they were looking for them, the Indians rose and ran to- ward them with a horrid yelling. A smart firing commenced on both sides, it being no\i^ about ten of the clock. Captain Love- * The printed accounts 5a.y forty ; it is probable that the march was circui- tous. \ This Indian has been celebrated as a hero, and ranked with the Roman Curtius, wlio devoted himself to death to save his country. (See Hutchin- son's History, vol. ii. page 315.) Having been on the spot where this celebrated action happened, and having conversed witli persons who were acquainted witii the Indians of Pequawket, before and after this battle, I am convinced that tiiere is no foundation for the idea that he was ])laced there as a decoy ; and that he had no claim to the character of a liero. The point on which he stood is a noted fisliing place ; the gun which alarmed Lovewell's company was fired at a flock of ducks ; and when they met him he was returning home with his game and two fowling pieces. Tiie village was situated at the edge of tiie meadow, on Saco river ; which here forms a large bend. The remains of the stockades were found by the first settlers, forty years afterward. The pond is in the township of Frye- burg, [where, on the 1S> May, 1625, was holden the first Centennial Celebra- tion°of " Lovewell's Fight," and an Address delivered by Charles S. Daveis, Esquire. The Address, containing 04 pages bvo. was published at Porllqjid the same year.] 1725.] PROVINCE. JOHN WENTWORTH. 211 well and eight more were killed on the spot. Lieutenant Farwell and two others were wounded. Several of the Indians fell ; but, being superior in number, they endeavored to surround the party, who, perceiving their intention, retreated ; hoping to be sheltered by a point of rocks which ran into the pond, and a few large pine trees standing on a sandy beach. In diis forlorn place, they took tlieir station. On their right was the mouth of a brook, at that time unfordable ; on their left was the rocky point ; their front was partly covered by a deep bog and partly uncovered, and the pond was in their rear. The enemy galled them in front and flank, and had them so completely in their power, that had they made a prudent use of their advantage, the whole company must either have been killed, or obliged to surrender at discretion ; be- ing destitute of a mouthful of sustenance, and an escape being impracticable. Under the conduct of Lieutenant Wyman, they kept up their fire, and shewed a resolute countenance, all the re- mainder of die day ; during which, their chaplain, Jonathan Frye,* Ensign Robbins, and one more, were mortally wounded. The Indians invited them to surrender, by holding up ropes to them, and endeavored to intimidate them by their hideous yells ; but ihey determined to die rather than yield ; and by their well di- rected fire, the number of the savages was thinned, and their cries became fainter, till, just before night, they quitted their advanta- geous ground, carrying off their killed and wounded, and leaving the dead bodies of Love well and his men unscalped. The shat- tered remnant of this brave company, collected themselves to- gether, found three of their number unable to move from the spot, eleven w'ounded but able to march, and nine who had received no hurt. It was melancholy to leave their dying companions behind, but there was no possibility of removing them. One of them, en- sign Robbins, desired them to lay his, gun by him charged, that if the Indians should return before his death he might be able to kill one more. After the rising of the moon, diey quitted the fatal spot, and directed their march toward the fort, where the surgeon and guard had been left. To their great surprise, they found it deserted. In the beginning of the action, one man, (whose name has not been thought worthy tobe transmitted to posterity) quitted the field, and fled to the fort ; where, in the style of Job's messen- gers, he informed them of Lovewell's death, and the defeat of the whole company ; upon which they made the best of their way home ; leaving a quantity of bread and pork, which was a season- able relief to the retreating survivors. From this place, they en- deavored to get home. Lieutenant Farwell and the chaplain^ who had the journal of the march in his pocket, and one more, * [He was the son of Capt. James Frye of Andover, wliere lie was born. — He graduated at Harvard college in 17:23. The large elm near the house of Mr. John Petera in Andover, waa set out by him. Abbot, Hist. Audover, 135.] 212 HISTORY OF NEW-HAMPSHIRE. [1725. perished ia the woods, for want of dressing for their wounds. The others, after enduring the most severe hardships, came in one after another, and were not only received with joy, but were recompensed for their valor, and sufferings ; and a generous pro- vision was made for tiie widows and children of the slain. ^ A party from the frontiers of New-Hampshire, were ordered out to bury the dead j but by some mistake, did not reach die place of action. Colonel Tyng, with a company from Dunstable, went to the spot, and having found the bodies of twelve, buried them, and carved their names on the trees whefe the batde was fought. At a litde distance, he found diree Indian graves, which he opened ; one of the bodies was known to be dieir warrior Paugns. He also observed tracks of blood, on the ground, to a great distance from the scene of action. It was remarked that a week before this engagement happened, it had been reported in Portsmouth, at the distance of eighty miles, with but litde varia- tion from the truth.- Such incidents were not uncommon, and could scarcely deserve notice, if diey did not indicate that a taste for the marvellous was not extinguished in the minds of the most sober and rational. This was one of the most fierce and obstinate batdes which had been fought with the Indians. They had not only the advantage of numbers, but of placing themselves in ambush, and waiting with deliberation the moment of attack. These circumstances gave them a degree of ardor and impetuosity. Lovewell and his men, though disappointed of meeting the enemy in their front, expected and determined to fight. The fall of their commander, and more than one quarter of their number, in the first onset, was greatly discouraging ; but they knew that the situation to which they were reduced, and their distance from the frontiers, cut off all hope of safety from flight. In these circumstances, prudence as well as valor dictated a continuance of the engagement, and a refusal to surrender ; until the enemy, awed by their brave resistance, and weakened by their own loss, yielded them the honor of the field. After this encounter, the Indians resided no more at Pequawket, till the peace.* The conduct of the Marquis de Vaudreuil, governor of Cana- da, was so flagrant a breach of the treaty of peace, subsisting be- tween the crowns of England and France, that it was thought, a spirited remonstrance might make him ashamed, and produce some beneficial effects. With diis view, the general court of (1) Symmes's Memoirs. (2) Penliallow's Indian wars. * This account of Lovewcll's bntllf is collorled from the autliorities cited, and from tlie verbal informal ion of ajrcd and intelligent persons. The names of the dead, on the trees, and the lioles where balls liad entered and been cut out, were plainly visible, when I was on the spot in 1784. The trees had the appearance of being very old, and one of them was fallen. 1725.] PROVINCE. JOHN WENTWORTII. 213 Massachusetts proposed to the colonies of New-York, Connecti- cut, Rhode-Island and New-Hampshire, to join in sending com- missioners to Canada on this errand. New-Hampshire was the only one which consented ; and Theodore Atkinson was appoint- ed on their part, to join with William Dudley and Samuel Thax- ter on the part of Massachusetts.* The instructions which they received from the lieutenant-gov- ernors, Dummer and Wentworth, by advice of the council and assembly of each province, were nearly similar.^ They were to demand of the French governor, restitution of the captives who had been carried into Canada ; to remonstrate to him on his in- justice and breach of friendship, in countenancing the Indians in their hostilities against the people of New-England ; to insist on bis withdrawing his assistance for the future ; and to observe la him, that if in the farther prosecution of the war, our Indian allies, should in their pursuit of the enemy commit hostilities against the French, the blame would be entirely chargeable to himself.^ If the French governor or the Indians, should make any overtures- for peace, they were empowered to give them passports, to come- either to Boston or Portsmouth, for that purpose, and to return ; but they were not to enter into any treaty with them. The com- missioners were also furnished with the original letters of Vau- dreuil to the governors of New-England, and to the Jesuit Ralle, and with copies of the several treaties which had been made with the Indians. The gentlemen went by the way of Albany, and over the lakes, on the ice, to Montreal, jyj^j. 2 where they arrived after a tedious and dangerous journey. The Marquis, who happened to be at Montreal, received and entertained them with much politeness. Having delivered their letters, and produced their commissions, they presented their re- monstrance in writing, and made the several demands agreeably to their instructions ; using this among other arguments, ' Those ' Indians dwell either in the dominions of the king of Great-Brit- ' ain, or in the territories of the French king. If in the French ' king's dominions, the violation of the peace is very flagrant, they ' then being his subjects ; but if they are subjects of the British. ' crown, then much more is it a breach of the peace, to excite a ' rebellion among the subjects of his majesty of Great-Britain. '^ The governor gave them no written answer ; but denied that the Abenaquis were under his government, and that he had either encouraged or supplied them for the purpose of war. He said that he considered them as an independent nation, and that the war was undertaken by them, in defence of their lands, which had (1) Mass. and N. H. Records. (2) [Ibid.] (2) Atkinson's MS. Journal. * Mr. Hutciliinson in his history, has not said a word respectinsj this em- bassy. [The resolve appointing a commissioner in New-Hampshire passed tlie General Assembly. J2 December, 1724.] 214 HISTORY OF NEW-HAMPSHIRE. [1725. Jbeen invaded by the people of New-England. The commission- ers in reply, inlormcd him, ilsat the lands for which the Indians had quarrelled, were fairly purchased of their ancestors, and had been for many years inhabited by the English. They produced liis own letters to the governors of New-England, in which he had (inconsistently, and perhaps inadvertently) styled these Indians ' subjects of the king of France.' They also alleged the several treaties held with them as evidence that they had acknowledged themselves subjects of the British crown ; and, to his great morti- fication, they also produced his own original letters to the Jesuit Ralle, which had been taken at Norridgcwog, in which the evi- dence of his assisting and encouraging them in the war was too flagrant to admit of palliation. Farther to strengthen this part of their argument, they presented to the governor, a JMohawk whom they had met with at JMontreal, who, according to his own volun- tary acknowledgment, had been supplied by the governor with arms, ammunition and provision to engage in the war, and had killed one man, and taken another, whom he had sold in Canada. In addition to what was urged by the commissioners in general, Mr. Atkinson, on the part of New-Hampshire, entered into a particular remonstrance ; alleging that the Indians had no cause of controversy with that province, the lands in question being out of their claim. To this, the governor answered, that New-Hamp- shire was a part of the same nation, and the Indians could make no distinction. Atkinson asked him why they did not for the same reason make war on the people of Albany ? Tlie governor an- swered, ' The people of Albany have sent a message to pray * me to restrain the savages from molesting them ; in a manner ' very different from your demands :' To which Atkinson with equal spirit replied, . ' Your lordship then is the right person, for * our governments to apply to, if the Indians are subject to your * orders.' Finding himself thus closely pressed, he promised to do what Jay in his power to bring them to an accommodation, and to restore those captives who were in the hands of the French, on the pay- ment of what they had cost ; and he engaged to see that no un- reasonable demands should be made by the persons who held them in servitude. As to those who still remained in the hands of the Indians, he said, he had no power over them, and could not engage for their redemption. He complained in his turn, of the governor of New- York, for building a fort on the river Onon- dago, and said, that he should look upon that proceeding as a breach of the treaty of peace ; and he boasted that he had the five nations of the Iroquois so much under his influence, that he could at any time, cause them to make war upon the subjects of Great-Britain. The commissioners employed themselves very diligently in their 1725.] PROVINCE. JOHN WENTWORTH. 210 inquiries respecting the captives, and in settling the lernns of their redemption. They succeeded in effecting the ransom of sixteen^ and engaging for ten others. The governor obhged the French, who held them, to abate of their demands ; but after all, they were paid for at an exorbitant rate. He was extremely desirous, that the gentlemen should have an interview with the Indians, who were at war ; and for this purpose, sent for a number of them from the village of St. Francis, and kept them concealed in Mon- treal. The commissioners had repeatedly told him, that they had no power to treat with them, and that they would not speak to them, unless they should desire peace. At his request, the chief of the Nipissins visited the commissioners, and said that they dis- approved the war, which their children the Abenaquis had made, and would persuade them to ask for peace. After a variety of manoeuvres, the governor at length promised the commissioners, that if they would consent to meet the Indians at his house, they should speak first. This assurance produced an interview ; and the Indians asked the commissioners whether they would make proposals of peace .^ they answered. No. The Indians then pro- posed, that ' if the English would demolish all their forts, and re- ' move one mile westward of Saco river ; if they would rebuild ' their church at Norridgewog, and restore to them their priest, ' they would be brothers again.' The commissioners told them that they had no warrant to treat with them ; but if they were disposed for peace, they should have safe conduct to and from Boston or Portsmouth ; and the governor promised to send his son with them to see justice done. They answered, that ' this ' was the only place to conclude peace, as the nations were near ' and could readily attend.' The governor would have had them recede from their proposals, which he said were unreasonable, and make others ; but father Le Chase, a Jesuit, being present, and acting as interpreter for the Indians, embarrassed the matter so much that nothing more was proposed. It was observed by the commissioners, that when they conversed with the governor alone, they found him more candid and open to conviction, than when Le Chase, or any other Jesuit was present ; and, through the whole of their negotiation, it evidently appeared, that the gov- ernor himself, as well as the Indians, were subject to the powerful influence of these ecclesiastics ; of whom there was a seminary in Canada, under the direction of the Abbe de Belmont. Having completed their business, and the rivers and lakes being clear of ice, the commissioners took their leave of the governor, and set out on their return, widi the redeemed captives, and a guard of soldiers, which the governor ordered to attelid diem, as far as Crown-point. They Avent down the river St. Lawrence to the moudi of the Sorel, then up that river to Chamblee, and through the lakes to fort Nicholson. After a pleasant passage, of seven days, they arrived at Albany, [on the first of IMay.] 216 HISTORY OF NEW-HAMPSHIRE. [1725. Here tlicy found commissioners of Indian affairs for the prov- ince of New- York, to whom ihey comuuinicaled the observations which they had made in Canada, and what the Marquis de "V'au- dreuil* had said respecting the five nations, and the fort at Onon- dago. There being a deputation from these nations at Albany, they held a conference with them, and gave them belts ; request- ing their assistance in establishing a peace with the Abenaquis. From this place, Mr. Atkinson wrote to M. Cavanielle, son of the Marquis, acknowledging the polite reception the commission- ers had met with from the family ; subjoining a copy of the infor- mation which they had given to the commissioners of New- York ; and promising, that a due representation should be made, to the kings of England and France, on the subject of dieir negotiation- The report of the commissioners being laid before the assem- blies of Massachusetts and New-Hampshire, it was determined to prosecute the war with vigor. Orders were issued for the de- fence and supply of the frontiers, and for the encouragement of ranging parties, both volunteers and militia. ^ A petition was sent to the king, complaining of the French governor, and desiring that orders might be given to the other colonies of New-England, and to New-York, to furnish their quotas of assistance, in the fur- ther prosecution of the war ; and letters were written to the gov- ernor of New- York, requesting that such of the hostile Indians as should resort to Albany, might be seized and secured. The good effects of this mission to Canada were soon visible, ■One of the Indian hostages who had been detained at Boston through the whole Avar, together vi'ith one who had been taken, were allowed on their parole, to visit their countrymen ; and they -returned with a request for peace. Commissioners from both provinces went to St. George's ; where a conference was held, which ended in a proposal for a farther treaty at Boston. In die -mean time, some of the enemy were disposed for further mischief. 'Those who had been concerned in taking Hanson's family at Do- ver, in a short time after their redemption and return, came down with a design to take them again, as they had threatened them be- fore they left Canada. Whcnthey had come near the house, ^^ ■ '■■ they observed some people at work in a neighboring field, by which it was necessary for them to pass, both in going and return- ing. This obliged them to alter their purpose, and conceal them- selves in a barn, till they were ready to attack them. Two wo- men passed by the barn, while they were in it, and had just reach- ed the garrison as the guns were fired. They shot Benjamin (1) Assembly Records. * [He liad been the governor of Canada through the war with the French and Indians, called Queen Anne's war, and through Lovewells wnr. He ■died this year (17-25) on the 25 of October. He was distinguislied for bravery, firmness and vigilance, and gave tiie English incredible trouble by the long war he maintained against Ihom, by exciting tlie savages to perpetual in- roads on their frontier. Lord, Lejnpriere, ii. 74l>.] 1725.] PROVINCE. JOHN WENTWOJITH. 217 Evans dead on the spot ; wounded William Evans and cut his throat. John Evans received a slight wound in the hrcast, which bleeding pentifully, deceived them, and thinking him dead, they stripped and scalped him. He bore the painful operation without discovering any signs of life, though all the time in his perfect senses, and continued in die feigned a])pearance of deadi, till they had turned him over, and struck him several blows with their guns, and left him for dead. After Uiey were gone off, he rose and walked, naked and bloody, toward the garrison ; but on meet- ing his friends by the way dropped, fainting on the ground, and being covered with a blanket was conveyed to the house. He recovered and lived fifty years. A pursuit was made after the enemy, but they got ofF undiscovered, carrying with them Benja- min Evans, junior, a lad of thirteen years old, to Canada, whence he was redeemed as usual by a charitable collection. This was the last effort of the enemy in New-Hampshire. In three months, the treaty which they desired was held in Boston, and the next spring ratified at Falmouth.* A peace was ^ ^^ concluded in the usual form ; which was followed by re- straining all private traffic with die Indians, and establishing truck- houses in convenient places, where they were supplied widi the necessaries of life, on the most advantageous terms. ^ Though the governments on the whole, were losers by the trade, yet it was a more honorable way of preserving the peace, than if an acknowledgement had been made to the Indians in any other manner. None of the other colonies of New-England bore any share in the expenses or calamities of this war ; and New-Hampshire did not suffer so much as in former wars ; partly by reason of the more extended frontier of Massachusetts, both on the eastern and western parts, against the former of which the enemy directed their greatest fury ; and partly by reason of the success of the ranging par- ties, who constantly traversed the woods as far northward as die White Mountains. The militia at this time was completely trained for active service ; every man of forty years of age having seen more than twenty years of war. They had been used to handle their arms from the age of childhood, and most of them, by long prac- tice, had become excellent marksmen, and good hunters. They were well acquainted wiUi the lurking places of the enemy ; and possessed a degree of hardiness and intrepidity, which can be acquired only by the habitude of those scenes of danger and fa- (1) Hutch, ii. 318. * [The commi-ssioners sent from New-Hampshire, and who were present at the formation of this treaty, were from the council. John I'Vost and Sliadrach Walton, and from tlie liouse, John Gilman and Theodore Atkinson. Those appointed to attend the ratification of it, were Georjre JailVey, Sliadrach Wal- ton and Richard Wibird of tiic council, and Peter VVeare, Theodore Atkinson and John Gilman of tlie liouse.] 30 218 HISTORY OF NEW-IIAMPSHIRE. [1725. ligue, to which they were daily exposed. They had also imbibed from their infancy a strong antipathy to the savage natives ; which was strengthened by repeated horrors of blood and desolation, and not obliterated by the intercourse which they had with them in time of peace. As the Indians frequently resorted to the frontier towns in time of scarcity, it was common for them to visit the families whom they had injured in war ; to recount the circum- stances of death and torture which had been practised on their friends ; and when provoked or intoxicated, to threaten a repe- tition of such insults in future wars. To bear such treatment re- quired more than human patience ; and it is not improbable that secret murders were sometimes the consequence of these harsh provocations. Certain it is, that when any person was arrested, for killing an Indian in time of peace, he was either forcibly res- cued from die hands of justice, or if brought to trial, invariably acquitted ; it being impossible to impannel a jury, some of whom had not suffered by tlie Indians, either in their persons or families. CHAPTER XV. Wentworth's administration continued. Burnet's short administration. Bel- cher succeeds him. Wentworth's death and character. During the war, the lieutenant governor had managed the ex- ecutive department with much prudence ; the people were satis- fied with his administration, and entertained an affection for him, which was expressed not only by words, but by frequent grants of ^ „P money, in the general assembly. When he returned from Jan 5' Boston, where the treaty of peace was concluded, they presented to him an address of congratulation, and told him that ' his absence had seemed long ; but the service he had ' done them filled their hearts with satisfaction.'^ This address was followed by a grant of one hundred pounds. He had, just before, consented to an emission of two thousand pounds in bills of credit, to be paid, one half in the year 1735, and the other half in 173G. An excise was laid for three years, and was framed for three hundred pounds. The divisional line between the provinces of New-Hampshire and iMassachusetts was yet unsettled, and in addition to the usual disadvantages occasioned by this long neglect, a new one arose. By the construction which Massachusetts put on their charter, all the lands three miles northward of the river ]Merrimack were within dieir limits. On this principle, a grant had formerly been (1) General Court Records. 1726.] PROVINCE. JOHN WENTWORTII. 219 made to Governor Endecott, of some lands at Penacook ; which had been the seat of a numerous and powerful tribe of Indians. The quality of the land at that place invited the attention of ad- venturers from Andover, Bradford and Haverhill ; to whom a grant was made of a township, seven miles square ; comprehend- ing the lands on both sides of the Merrimack, extending soudi- wardly from the branch called Contoocook.i This grant awak- ened the attention of others ; and a motion was made in the Massachusetts assembly, for a line of townships, to ex- tend from Dunstable on Merrimack, to Northfield on Connecticut river; but the motion was not immediately adopted. The assem- bly of New-Hampshire was alarmed. Newman, their agent, had been a long time at the British court, soliciting the settlement of the line, and a supply of military stores for the fort. Fresh in- structions were sent to him to expedite the business, and to sub- mit the setdement of the line to the king. A committee was ap- pointed to go to Penacook, to confer with a committee of Massa- chusetts, then employed in laying out the lands, and to remonstrate against their proceeding.^ A survey of other lands near Winni- piseogee lake, was ordered ; that it might be known, what number of townships could be laid out, independendy of the Massachusetts claim. On the other hand, the heirs of Allen renewed Uieir endeavors, and one of them, John Hobby, petitioned the assembly to compound with him for his claim to half the province ; but the only answer which he could obtain was that ' the courts of law ^ were competent to the determination of titles,' and his petition was dismissed. Both provinces became earnestly engaged. Massachusetts proposed to New-Hampshire the appointment of commissioners, to establish the line. The New-Hampshire assembly refused, because they had submitted the case to the king. The JMassa- chusetts people, foreseeing that the result of this application might prove unfavorable to their claim of jurisdiction, were solicitous to secure to themselves the property of the lands in question. Ac- cordingly, the proposed hne of townships being surveyed, ' preten- * ces were encouraged and even sought after, to entide persons to * be grantees.'^ The descendants of the officers and soldiers, who had been employed in expeditions against the Narraganset Indians,* and against Canada,f in the preceding century, were admitted j (1) Mass. Records. (2) N. II. Records. (3) Hutch, ii. 331. * [Seven townships were finally granted to the ofRcers and soldiers living', and the heirs of those deceased, who were in the Narraganset warof 1G75 and 1C76. Two of tlie townships are witiiin the presentliniits of New-llanipsiiire, viz. Amlierst, which was called Souhejian-West, until incorporated in 17G0, and Merrimack, called Souhegau-East, until 174li.] t [" Nine townships were granted to the heirs of the militia or soldier.?, who went against Canada, Anno IG!)0, and were called Canada Townships." Douglass, Summary, i 424. Six of these townships were in New-Hampshire, 220 HISTORY OF NEW-HAMPSHIRE. [1726. and the survivors of the late Captain Lovewell's company, with the heirs of the deceased, had a select tract granted to them at Suncook.i Tliere was an appearance of gratitude in making these grants, and tiiere would have been policy in it, had the grantees been able to com|ily with the conditions. New-Hampshire fol- lowed the example, and made grants of the townships of 1727. Epsom, Chichester, Barnstead, Canterbury, Gilmanton " ^ oq' and Bow. All these, excepting the last, were undoubtedly wiiliin their limits ; but the grant of Bow interfered with the grants which Massachusetts had made, at Penacook and Sun- cook, and gave rise to a litigation, tedious, expensive, and of forty years continuance. These tracts of land granted by both provinces were too nu- merous and extensive. It was impracticable to fulfil the conditions, on which the grants were made. Had the same liberal policy prevailed here as in Pennsylvania, and had the importation of emigrants from abroad been encouraged, the country might have been soon filled with inhabitants; but the people of Londonderry were already looked upon with a jealous eye, and a farther intru- sion of strangers was feared, lest they should prove a burden and charge to the community. People could not be spared from the old towns. Pcnacook was almost die only settlement which was effected by emigrants from Massachusetts.* A small beginning (1) Mass. Records. viz. 1. Canada to Beverly ; 2. Canada to Salfim (now Lyjideborough) ; 3. Canada to fjiswicli, all which were situated on Piscataquog, or its branches ; 4. Canada to Rowley (now Rindge) ; 5. Canada to Gallop; and (J. Canada to Sylvester.] * [Penacook was very early visited by the first emigrants. The first notice which I have found of it is in Gov. Winthrop's Hist. N. E. i. 304, from which it aj)pears that so early as ](i3i), the government of Massachusetts sent men to discover the Merrimack, who reported tliatthey found " some part of it about Fenkook to lie more northerly than forty -three and a half." From Felt'a Annals of Salem, p. 358, it appears tiiat the people of Salem had a plantation granted to them at Penacook in ]()(i3, but that they iiad never made a settle- ment there, altliough some of them had as early as 1074, erected a trading house there. They jietitioned the General Court in 1714, that the grant mi"ht be confirmed to tlieiii, and assigned among other reasons for its con- firmation, that since the grant was first made, they had been embarrassed by Indian wars. It would seem that tlieir petition was not granted, as seven years afterwards, several persons of Haverhill explored the lands in the vicin- ity, and presented a petition to the General Court of Massachusetts, for a tract of land " situated on the river Merrymake, at the lower end of Pena- cook," to contain eight miles square, and in 17::25, obtained the grant of a township about seven miles square. The settlement was commenced in 172G, by inhabitants from Haverhill, Andover and Salisbury. In 1733, they were incorporated into a town by Ihe nanift of llumford, having settled a minister in 1730. From 174'J to 17(13, tliere existed a violent and perplexing contro- versy between the proprietors of Bow and the inhabitants of Riunford, which was finally decided by the King in Council, '■>[) December, 1702. On the 17 June, 1705, the charter of the town was granted, by which it received the name of CoNconn. A church was gathered and Rev. Timothy Walker, who fraduated at II. C. 1725, was ordained 18 Nov. 1730. He died 2 September, 782, aged 77. Hie successors have been Rev. Israel Evans, Rev. Asa M'- 1727.] PROVINCE. JOHN WENTWORTH. ^21 was made by the New-Hampshire proprietors, at Bow, on Sun- cook river ; but the most of the intermediate country remained uncultivated for many years. Schemes of settlement were indeed continually forming ; meetings of proprietors were frequently held, and an avaricious spirit of speculation in landed property prevailed ; but the real wealth and improvement of the country instead of being promoted was retarded. On the death of King George I., the assembly, which had sub- sisted five years, was of course dissolved ; and writs for the election of another were issued in the name of George the Second. ^ . The long continuance of this assembly was principally owing to die absence of Governor Shute, in whose administration it commenced ; and the uncertainty of his return or the appoint- ment of a successor. It had been deemed a grievance, and an attempt had been made, in 1724, to limit the duration of assemblies to three years, in conformity to the custom of England. At the meeting of the new assembly, the first business which they took up was to move for a triennial act. The lieutenant governor was disposed to gradfy them. Both houses agreed in framing an act for a triennial assembly, in which the duration of the present assembly was hmited to three years, (unless sooner dissolv'ed by the commander in chief) ; writs were to issue fifteen days at least, before a new election ; the qualification of a repre- sentative was declared to be a freehold estate of three hundred pounds value.- The qualification of an elector was a real estate of fifty pounds, within the town or precinct where the election should be made ; but habitancy was not required in either case. The selectmen of the town, with the moderator of the meeting, were constituted judges of the quahfications of electors, saving an appeal to the house of representatives. This act having been passed, in due form, received the royal approbation, and was the only act which could be called a constitution or form of govern- ment, established by the people of New-Hampshire ; all other parts of their government being founded on royal commissions and instructions. But this act was defective, in not determining by whom the writs should be issued, and in not describing the places from which representatives should be called, either by name, extent or population. This defect gave birth to a long and bitter controversy, as will be seen hereafter. The triennial act being passed, die house were disposed to make- other alterations in the government. An appeal was allowed in- all civil cases from the inferior to the superior court j if the matter (1) N. II. Records. (2) Edition of Laws in 1771, page 166. Farland, D. D., and Rev. Nathaniel Bouton. A second congregational (uni- tarian) church was organized and Rev. Moses G. Thomas ordained 25 Febru- ary, 1829. The ]>.)pulation of Concord in 1767, was 7.")2 ; in 1775, 1052 ; in 1790, 1747 ; in 1«00, 2052 ; in 1810, 2303 ; and in 1620, 2838.] 222 HISTORY OF NEW-HAMPSHIRE. [1727. in controversy exceeded one hundred pounds, another appeal was allowed to the governor and council ; and if it exceeded three hundred pounds, to the king in council. The appeal to the gov- ernor in council was first established by Cutt's commission, and continued by subsequent commissions and instructions. In Queen Anne's time, it was complained of as a grievance, that the governor and council received appeals and decided causes, without taking an oath to do justice. An oath was then prescribed and taken. The authority of this court had been recognised by several clauses in the laws ; but was disrelished by many of the people j partly because the judges who had before decided cases, were generally members of the council ; partly because no jury was admitted in this court of appeal ; and partly because no such institution was known in the neighboring province of Massachusetts. The house moved for a repeal of the several clauses in the laws relative to this obnoxious court ; the council non-concurred their vote, and referred them to the royal instructions. The house persisted in their endeavors, and the council in their opposition. Both sides grew warm, and there was no prospect of an accommodation. The lieutenant governor put an end to the session, and soon after dissolved the assembly by proclamation.* A new assembly was called ; the same persons, with but two or three exceptions, were re-elected, and the same spirit appeared jn f^OQ all their transactions. They chose for their speaker Na- thaniel Weare, who had been speaker of the former as- sembly, and having as usual presented him to the lieutenant gov- ernor, he negatived the choice. The house desired to know by what authority ; he produced his commission ; nothing appeared in that, which satisfied them ; and they adjourned from day to day without doing any business. After nine days, they chose another speaker, Andrew VViggin, and sent up the vote, with a preamble, justifying their former choice. The lieutenant govern- or approved the speaker, but disapproved the preamble ; and thus the controversy closed, each side retaining their own opinion. The speeches and messages from the chair, and the answers from the house, during this session, were filled with reproaches ; the public business was conducted with ill humor, and the house car- ried their opposition so far as to pass a vote for addressing the king to annex the province to Massachusetts ; to this vote the council made no answer. But as a new governor was expected, they * [1728. Pembroke, originally Suncook, was granted by Massachusetts to 60 persons, of whom 4Gwere the soldiers, or their legal representatives, who were engaged with Capt. John Lovewell in May, 17'2^y, against the Indiana at Pequawke-t. Tlie settlement began the next year after the grant was made. The first permanent settlement of Rochester was made 26 December, 1728, by Capt. Timothy Roberts. Rev. Amns Main, H. C. 172!t, the first minister, was ordained in 1737, at which time the place contained GO families. (MS. Petition.) Farmington, incorporated iu 171)8, and Milton, incorporated in 1802, were both taken from Rochester.] 1728.] PROVINCE. WILLIAM BURNET. 223 agreed in appointing a committee of both houses to go to Boston, and compliment him on his arrival. The expected governor was William Burnet, son of the cele- brated Bishop of Sarum, whose name was dear to the peo])le of New-England, as a steady and active friend to civil and religious liberty. Mr. Burnet was a man of good understanding and polite literature ; fond of books and of die conversation of literary men ; but an enemy to ostentation and parade. He had been governor of New- York and New-Jersey, and quitted those provinces with reluctance, to make way for another person, for whom the British ministry had to provide. Whilst at New-York, he was very popular, and his fame having reached New-England, the expect- ations of the people were much raised on the news of his appoint- ment, to die government of Massachusetts and New-Hampshire. Lieutenant Governor Wentworth characterized him in one of his speeches as ' a gendeman of known worth, having justly obtained ' a universal regard from all who have had the honor to be under ' his government.' He was received widi much parade at ^^ Boston, whither the lieutenant-governor of New-Hamp- " ^ shire, with a committee of the council and assembly, went to compliment him on his arrival.* Mr. Burnet had positive instructions from die crown to insist on the establishment of a permanent salary in both his provinces. He began with IMassachusetts, and held a long controversy with the general court to no purpose. In New-Hampshire, a precedent had been established in the administration of Dudley, which was favorable to his views. Though some of the assembly were averse to a permanent salary ; yet the lieutenant governor had so much interest with them, by virtue of having made them proprietors in the lately granted townships, that they were induced to consent ; on condition that he should be allowed one third part of the salary, and they should be discharged from all obligadons to him.^ ^ _ This bargain being concluded, the house passed a vote, ^^ „* with W'hich the council concurred, to pay ' Governor Bur- ' net, for the term of three years, or during his administration, the ' sum of two hundred pounds sterhng, or six hundred pounds in ' bills of credit ; which sum was to be in full of all demands from (1) Belcher's MS. letter. * Mr. Hutchinson has represented Governor Burnet as a man of humor, and given an anecdote respecting his indifference to the custom ot' saying' grace at meals. The following story of the same kind, perliaps will not be disagreeable to tlie reader. One of tlie coiinnittee, who went from Boston, to meet him on the borders of Rhode-Island, and conduct him to the seat of government, was the facetious Col. Tailer. Burnet complained of tiie long graces whicli were said by cler- gymen on tlie road, and asked Tailer when they would siiorten. He answer- ed, ' the graces will increase in length, till you come to Boston ; after that * they will shorten till you come to your government of New-Hampshire, ' where your Excellency will fmd no grace at all.' 224 HISTORY OF NEW-IIAMPSHIRE. [1729. * this government, for his saLiry ; and all expenses in coming to, * tarrying in, or going from this province ; and also for any al- * lovvance to he made to the lieutenant governor ', and that the ' excise on liquors should be appropriated to that use.'^ To this vote, six of the representatives entered dieir dissent. The governor came but once into New-England. His ' death, which happened after a few months, was supposed to be occasioned by the ill effect, which his controversy with Massachusetts, and the disappointment which he suiFered, had on his nerves.* When the death of Governor Burnet was known in England, the resentment against the province of Massachusetts was very £j„ high, on account of their determined refusal to fix a salary on the king's governor.- It was even proposed, to reduce them to ' a more absolute dependence on the crown ;' but a spirit of moderation prevailed ; and it was thought that Mr. Jonathan Belcher, then in England, being a native of the province, and well acquainted with the temper of his countrymen would have more influence than a stranger, to carry the favorite point of a fixed salary. His appointment, as governor of New-Hampshire, was merely an appendage to his other commission. Belcher was a merchant of large fortune and unblemished reputation. He had spent six years in Europe ; had been twice at the court of Hanover, before the protestant succession took place in the family of Brunswick ; and had received from the Princess Sophia, a rich golden medal. -^ He was graceful in his person, elegant and polite in his manners ; of a lofty and aspiring disposition ; a steady, generous friend ; a vindictive, but not im- placable enemy. Frank and sincere, he was extremely liberal in his censures, both in conversation and letters. Having a high ■sense of the dignity of his commission, he determined to support it, even at the expense of his private fortune ; the emoluments of office in both provinces being inadequate to the style in which he «hose to live. Whilst he was in England, and it was uncertain whether he would be appointed, or Shute would return, Wentworlh wrote letters of compliment to both. Belcher knew nothing of the let- ter to Shute, till his arrival in America, and after he had made a (1) Journal of tlie House of Representatives. (2) Letters of Francis Wilkes, agent. (3) Belcher's letter to the Bishop of Lincoln, MS. * [1720. Litchfield, a small fertile township on Merrimack river, was set- tled by people from Chelmsford. Its Indian name was Natticott, and it was granted by Massacliusetls as early as l(i.j(i, to a Mr. Brenton, and for many years was known by the n:uiie of Brcnton's Farm. It was ufterward.s inclu- ded ill Dunstable grant, from which it was separated and incorporated by Massachusetts in T7;U. On tlie settlement of the boundary line in ]74], it fell witiiin New-Hampsliiro, and was incorporated ") Jnne, J741>. A church was organized, and a minister. Rev, Joshua Tufts, H. C. 173G, was ordained as early as 174L] 1730.1 PROVINCE. JONATHAN BELCHER. 225 visit to New-Hampshire, and had been entertained at the house of the lieutenant-governor. He was then informed, that VVent- worth had written a letter to Shute, of the same tenor as that to himself. This he deemed an act of duplicity. How far it was so, cannot now be determined. The persuasion was so strong in the mind of Belcher, that on his next visit to Portsmouth, he re- fused an invitation to Wentworth's house. This was not the only- way in which he manifested his displeasure. When the affair of the salary came before the assembly, he not only refused ^^^ ^^ to make such a compromise as Burnet had done ; but ^" obliged the lieutenant-governor under his hand, to ' quit all claim to any part of the salary, and to acknowledge that he had no ex- pectation from, or dependence on the assembly, for any allowance, but that he depended wholly on the governor.' The same salary was then voted, and in nearly the same words, as to his predeces- sor. He allowed the lieutenant-governor, the fees and perquisites only which arose from registers, certificates, licenses and passes, amounting to about fifty pounds sterling. Wentworth and his friends were disappointed and digusted. He himself did not long survive ; being seized with a lethargic disorder, he died within five months; but his family connections resent- J^'^q' ed the affront, and drew a considerable party into their view^s. Benning Wentworth, his son, and Theodore Atkinson, who had married his daughter, were at the head of the opposition. The latter was removed from his office of collector of the customs, to make room for Richard Wibird ; the naval ofiice was taken from him and given to Ellis Hnske ;* and the office of high sheriff, which he had held, was divided between him and Eleazar Russell. Other alterations were made, which gieatly offended the friends of the late lieutenant-governor ; but Belcher, satisfied that his conduct was agreeable to his commission and instructions, disregarded his opponents and apprehended no danger from their resentment. Atkinson was a man of humor, and took occasion to express his disgust in a singular manner. The governor, who was fond of parade, had ordered a troop of horse, to meet him on the road, and escort him to Portsmouth. The officers of govern- ment met him, and joined the cavalcade. Atkinson was tardy; but when he appeared, having broken the sheriff's wand, he held one half in his hand. Being chid by the governor for not appear- ing sooner, he begged his excellency to excuse him, because he had but half a horse to ride. In addition to what has been observed, respecting Lieutenant Governor Wentworth, die following portrait of his character, by some contemporary Iriend, deserves remembrance. * [His son Ellis Huske was Postmaster in Boston, and tlie publisher of (he Boston Weekly Post Boy, He was the person, it is said, who recoiiunended to the British government, the Stamp Act of 17G5.] 31 226 HISTORY OF NEW-HAMPSHIRE. [1730. ' He was born at Portsmouth of worthy parents, from whom ' he had a religious eclucalion. His inclination leading him to the ' sea, he soon became a commander of note, and gave a laudable * example to that order, by his sober behaviour, and his constant ' care to uphold the worship of God in his ship. Wherever he * came, by his discreet and obliging deportment, he gained the love ' and esteem of those with whom he conversed. ' On his leaving the sea, he had considerable business as a ' merchant, and always had the reputation of a fair and generous ' dealer. ' He has approved himself to the general acceptance of his * majesty's good subjects throughout this province, and under his ' mild administration, we enjoyed great quietness. ' He was a gentleman of good natural abilities, much improved * by conversation ; remarkably civil and kind to strangers ; re- ' spectful to the ministers of the gospel ; a lover of good men of ' all denominations ; compassionate and bountiful to the poor ; ' courteous and affable to all ; having a constant regard to the du- ' ties of divine worship, in private and public, and paying a due ' deference to all the sacred institutions of Christ. ' He had sixteen children, of whora fourteen yet survive ' him.'i * CHAPTER XVI. Dunbar's lieutenancy and enmity to Belcher. Efforts to settle the boundary lines. Divisions. Riot. Trade. Episcopal Churclu Throat distemper. Mr. Wentwouth was succeeded in the lieutenancy by David Dunbar, Esquire, a native of Ireland, and a reduced colonel in c>i the Britisli service; who was also deputed to be surveyor J e24 *^^^^^^ king's woods. This appointment was made by the recommendation of die board of trade ; of which Colonel Bladen was an active member, who bore no good will to Governor Belcher. Dunbar had been commander of a fort at Pcmaquid, which it was in contemplation to annex to Nova-Scotia. ^ He had taken upon him to govern the few scattered people in that district, with a degree of rigor to which they could not easily submit. This conduct had already opened a controversy, between him and (1) N. E. Weekly Journal, Dec. 28. (2) Hutch, ii. 224, 37i). * [Lieutenant Governor Wentworth was son of Samuel Wentworth, and was born lli June, ir)72. One of tlie fourteen surviving children was Ren- ning Wentworth, the first governor of New-naanpsliire afler the establish- ment of the boundary lines.] 1731.] PROVINCE. JONATHAN BELCHER. 227 the province of Massachusetts ; and it was very unfortunate for Belcher to have such a person connected with both his govern- ments. What were the merits, which recommended Dunbar to these stations, it is not easy at diis time to determine. Tiie only qualifications, which appear to have pleaded in his favor, were poverty and the friendship of men in power. He was an instru- ment of intrigue and disaffection ; and he no sooner made his appearance in New-Hampshire, than he joined the party who were in opposition to the governor. Belcher perceived die ad- vantage which his enemies would derive from diis alliance, and made all the efforts in his power to displace him. In his letters to the ministry, to the board of trade, and to his friends in Eng- land, he continually represented him in the worst light, and solicited his removal. It is not improbable, that his numerous letters of this kind, written in his usual style, with great freedom and with- out any reserve, might confirm the suspicions, raised by the letters of his adversaries, and induce the ministry to keep Dunbar in place, as a check upon Belcher, and to preserve the balance of parties.! Within a few weeks after Dunbar's coming to Portsmouth, a complaint was drawn up against Belcher, and signed by fifteen persons ; alleging that his government was grievous, -^ oppressive and arbitrary, and praying the king for his removal. This roused the governor's friends, at the head of whom was Richard Waldron,* the secretary who drew up a counter address, and procured an hundred names to be subscribed. ^ Both address- es reached England about the same time. Richard Partridge,f Mr. Belcher's brother in law, in conjunction with his son Jona- than Belcher, then a student in the Temple, applied for a copy of the complaint against him, at the plantation office, and obtained it; (1) Belcher's MS. letters. (2) MS. copies of Addresses. *[He was the son of Colonel Richard Waldron, and grandson of Major Rich- ard Waldron, who was killed at Dover in 1(>89. He was born 21 Februarj', 1G94, and graduated at Harvard college in 1712. He fixed his residence at first on his paternal estate at Dover, but removed afterwards to Portsmouth, and lived at the plains. In 1728, he was appointed a counsellor, and soon af- ter, secretary of the province. In 1737, he was appointed judge of probate. He retained these offices as long as Governor Belcher was in office ; but soon after Governor Wentworth commenced his administration, he suspended Mr. Waldron as counsellor, removed him from office, and appointed Theodore At- kinson, secretary, and Andrew Wiggin, judge of probate. In 1749, he was elected a representative of Hampton, and when the assem- bly met, was unanimously chosen speaker. Mr. Waldron was a person of distinguished talents and literary acquirements. A strong friendship existed between him and Governor Belcher, which continued through life. He was a professor of religion, and zealously attached to tlie church, of which he was a respectable member. He died in 1753, aged 59. Thomas Westbrook Wal- dron, who died at Dover, 3 April, 1785, aged 64, washis son. Adams, Annals of Portsmouth, 191, 192.] t [Richard Pnrtridge, as has been already stilted, was son of Lieutenant-Gov- ernor William Partridge. He was born 9 December, lfi81, and after being appointed agent, resided in London, where he was living in 1749.] 228 HISTORY OF NEW-HAMPSHIRE. [1731. but, could not get sight of the letters which accompanied it, though, on the foundation of those letters, a representation had been made by the board of trade, to the king.^ Tlie only eflect which Dunbar's letters had at that time, was to procure the appointment of Theodore Atkinson, Benning Went- vvorth and Joshua Peirce, to be counsellors of New-Hampshire ; and though Belcher remonstrated to the secretary of state against these appointments, and recommended other persons in their room, he could not prevail, any farther than to delay the admis- sion of the two former for about two years ; during which time, they were elected into the house of representatives, and kept up the opposition there. The recommendations, which he made of other persons, were duly attended to when vacancies haj)pened ; and thus the council was composed of his friends, and his ene- mies. The civil officers, whom he appointed, were sometimes superseded, by persons recommended and sent from England ; and in one instance, a commission for the naval office, in favor of a Mr. Reynolds, son of the bishop of Lincoln, was filled up in England, and sent over with orders for him to sign it ; which he was obliged punctually to obey. From the confidential letters of the leading men on both sides, which have fallen into my hands in the course of my researches, the views of each party may plainly be seen ; though they en- deavored to conceal them from each other. The governor and his friends had projected an union of New-Hampshire with Mas- sachusetts ; but were at a loss by what means to bring it into effect. ^ The most desirable method would iiave been, a unanimity in the people of New-Hampshire, in petitioning the crown for it; but as this could not be had, the project was kept out of sight, till some favorable opportunity should present. The other party contemplated not only the continuance of a sep- arate government, but the appointment of a distinct governor, who should reside in the province, and have no connection with Massa- chusetts. The greatest obstacle in their way, was the smallness and poverty of the province, which was not able to support a gen- tleman in the character of governor. To remove this obstacle, it was necessary to have the limits of territory, not only fixed, but enlarged. They were therefore zealous, in their attempts for this purpose ; and had the address to persuade a majority of the peo- ple, that they would be gainers by the establishment of the lines ; that the lands would be granted to them and their children ; and that the expense of obtaining the settlement would be so trifling, that each man's share would not exceed the value of a pullet. The governor's friends were averse to pressing the settlement of the line ; and their reasons were these. The controversy is (1) Belcher's letters. (2) Belclier's, Waldron's, Atkinson's and Thomlin- son's letters MS. 1731.] PROVINCE. JONATHAN BELCHER 229 either between the king and the subjects of his charter government of JMassachusetts ; or else, between the heirs of INIason or Allen and the people of Massachusetts. If the controversy be settled even in favor of New-Hampshire, the lands which fall within the line, will be eidier the king's property, to be granted by his gov- ernor and council according to royal instructions ; or else the property of the heirs of Mason or Allen, to be disposed of by them. On both suppositions, the people of New-Hampshire can have no property in the lands, and therefore why should they be zealous about the division, or tax themselves to pay the expense of it ? The governor, as obliged by his instructions, frequently urged the setdement of the lines in his speeches, and declared, that the assembly of New-Hampshire had done more towards effecting it, than that of Massachusetts. A committee from both provinces met at Newbury in the autumn of 1731, on this long contested g^ ^ ^i affair ; but the influence of that party in Massachusetts, of which Elisha Cooke was at the head, prevented an accommoda- tion. Soon after this fruitless conference, the representatives of New-Hampshire, of whom a majority was in favor of settling the line, determined no longer to treat with Massachusetts ; but to represent the matter to the king, and petition him to decide the con- troversy. ^ Newman's commission, as agent, having expired, they chose for this purpose, John Rindge, merchant, of Ports- mouth, then bound on a voyage to London. The appointment of this gentleman was fortunate for them, not only as he had large connexions in England ; but as he was capable of advancing money, to carry on the solicitation. The council, a majority of which was in the opposite interest, did neither concur in the ap- pointment, nor consent to the petition. Mr. Rindge, on his arrival in England, petitioned the king in his own name, and in behalf of the representatives of New- Hampshire, to establish the boundaries of the province ; 1732. but his private affairs requiring liis return to America, he did, agreeably to his instructions, leave the business in the liands of Captain John Thomlinson, merchant, of London ; who was well known in New-Hampshire, where he had frequently been in quality of a sea commander. He was a gendeman of great pen- etration, industry and address ; and having fully entered into the views of Belcher's opponents, prosecuted the affair of the line, ' wiUi ardor and diligence ;' employing for his solicitor, Ferdinan- do John Parris ; who being well supplied with money, was inde- fatigable in his attention. The petition was of course referred to the Lords of Trade, and Francis Wilks the agent of Massa- chusetts, was served with a copy to be sent to his constituents.* (1) Assembly Records. * [The province of New-Hampshire at this time (1732) contained 25 incor- porated townships and parishes, 2940 ratable inhabitants, 131G two story dwell- 230 HISTORY OF NEW-HAMPSHIRE. [1732. Whilst the matter of the line was pending on the other side of the Atlantic, the parlies in New-Hampshire maintained their op- position ; and were on all occasions vilifying and ahusing each other, especially in their letters to their friends in England. On the one side, Belcher incessantly represented Dunbar, as the fo- menter of ojiposition ; as false, perfidious, malicious and re- vengeful ; that he did no service to the crown, nor to himself ; but was ' a plague to the governor and a deceiver of the peojjle.' He was also very liberal in his reflections, on his other opposers. On the other side, they represented him as unfriendly to the royal interest ; as obstructing the settlement of the lines ; conniving at the destruction of the king's limber, and partial to his other gov- ernment, where all his interest lay ; and that he had not even a freehold in New-Hampshire. As an instance of his partiality, they -„c,^ alleged, that in almost every session of the assembly of Massachusetts, he consented to grants of the disputed lands, to the people of that province ; by which means, their as- sembly raised money, to enable their agent to protract the con- troversy, that they might have opportunity to lay out more town- ships ; while at the same time, he rejected a supply bill of the New-Hampshire assembly, and dissolved them, because that in it, they had made an appropriation for their agent. The truth was, that the council did not consent to the bill, because thej^ had no hand in appointing the agent, and the bill never came before the governor. The frequent dissolution of assemblies was another subject of complaint ; and in fact, this measure never produced the desired efiect ; for the same persons were generally re-elected, and no reconciling measures were adopted by either party.* ing houses, GOG one story ditto, and 1G,434 acres of improved land. This view of the province embraced the towns of Portsmouth, Greenland, Hampton, Hampton-Falls, Dover, Durham, Somerswortli, Exeter, Newmarket, New- Castle, Stratham, Kingston, Newington and Londonderr)'. The remaining ten townships had been granted but a few years and some of them had not been settled. We have no data in our records by which the number of polls, houses, and acres of improved lands in the remaining towns, can be estimated. 1732. Durham, formerly called Oyster River, was incorporated 15 May this year. The act passed the assembly 13 May, and received the signature of Governor Belcher on the 15th.] * [17.33. The Plains in the S. W. part of Portsmouth, agreeably to their petition signed by 72 persons, was set off as a parish 9 March, 1733. It then contained 80 families besides the families of si.x widows, 108 ratable polls and 450 souls. They had seven years before erected a meeting house, and from the month of February, 1725, to March, 1727, had defrayed the charge of con- stant pi^eaching, paying also their full proportion for tlie support of the gospel ministry at the Bank at the same time. MS. Petition among the Waldron papers in secretary's office. The towns of Amherst and Boscawen were granted this year, and settled in 1734. The settlement of the first was commenced by Samuel Walton and Samuel Lampson, from Massachusetts. Others followed from the county of Essex, so that in 1741, there were fourteen families settled there. A church was gathered 22 September. 1741, and on the next day, Rev. Daniel Wilkins was ordained. He died 11 February, 1784, aged 72. The town was called Sov he. (ran- West until it was incorporated by ^1. II., 18 January, 1700. See Hist. Sketch of Amherst, 8vo. pp. 35, published in 1820. boscawen was 1733.] PROVINCE. JONATHAN BE], CHER 231 The governor frequently complained, in his speeches, ijiat the public debts were not paid ; nor the Jbrt, prison, and other public buildings kept in repair ; because of their failure in supply- ing the treasury. The true reason of their not supplying it was, that they wanted emissions of paper money, to be drawn in, at distant periods. To this, the governor could not consent, being restrained by a royal instruction, as well as in principle, op- posed to all such practices. But one emission of paper was made in his administration ; and for its redemption a fund was establish- ed in hemp, iron, and other productions of the country. When a number of merchants and otliers had combined to issue notes, to supply the place of a currency, he issued a proclamation against them ; and in his next speech to the assembly, condemned them in very severe terms. The assembly endeavored to vindicate the character of the bills -, but in a few days he dissolved them, with a reprimand ; charging them with trifling, with injustice and hypoc- risy. It must be remembered, that his complaints of an empty treasury were not occasioned by any failure of his own salary, which was regularly paid out of the excise. Belcher revived the idea of his predecessor, Shute, which was also countenanced by his instructions, that he was virtually pres- ent in New-Hampshire, when personally absent, and attending his duty, in his other province ; and therefore, that the lieutenant- governor could do nothing but by his orders. Dunbar had no seat in the council, and Shadrach Walton being senior member, by the governor's order, summoned them and presided. He also held the command of the fort, by the governor's commission, granted passes for ships, and licenses for marriage ; and received and executed military orders, as occasion required. The lieu- tenant-governor contested this point ; but could not prevail ; and finding himself reduced to a state of insignificance, he retired in disgust, to his fort at Pemaquid ; where he resided almost two years. The governor's friends gave out that he had absconded for debt, and affected to triumph ov-er the opposition, as poor and impotent ; but their complaints, supported by their agent Thom- linson, and the influence of Bladen at the board of trade, made an impression there much to the disadvantage of Mr. Belcher ; though he had friends among the ministry and nobility ; the prin- cipal of whom was Lord Townsend, by whose influence he had obtained his commission. After Dunbar's return to Portsmouth, the governor thought it good policy to relax his severity ; and gave him the command of the fort, with the ordinary perquisites of office, amounting to about jyrantedto 01 proprietors, who gave to it the name of Contoocook, its original (ndian name. Tiie settlement commenced early in the year 1734, by people from Newbury and the adjacent towns. It was incorporated by N. II. '22 April, J7G0, when from an English admiral, it received the name ofBo.scawen See Rev. Mr. Price's History of Boscawen, 8vo. pp. 110, Concord, 1823 ] 232 HISTORY OF NEW-HAMPSHIRE. [1734. fifty pounds sterling. Not content with this, he complained, that the governor did not allow him one third of his salary. The gov- ernor's salary was hut six hundred pounds currency ; he spent at least one hundred, in every journey to New-Hampshire, of which he made two in a year. At the same time, Dunbar had two hun- dred pounds sterling, as surveyor general of the woods ; which, with the perquisites, amounting to one hundred more, were divided between him and his deputies. But it must be re- membered that he was deeply in debt, both here and in England. The rigid execution of the office of surveyor general had al- ways been attended with difficulty ; and the violent manner, in which Dunbar proceeded with trespassers, raised a spirit of oppo- sition on such occasions. The statutes for the preservation of the woods empowered the surveyor to seize all logs, cut from white pine trees, without license ; and it rested on the claimant, to prove his property, in the court of admiralty. Dunbar went to the saw mills ; where he seized and marked large quantities of lumber ; and with an air and manner to which he iiad been accustomed in his military capacity, abused and threatened the people. That class of men, with whom he was disposed to contend, are not ea- sily intimidated with high words ; and he was not a match for them, in that species of controversy, which they have denomina- ted sioamp law. An instance of this happened at Dover, whither he came, with his boat's crew, to remove a parcel of boards, which he had seized. The owner, Paul Gerrish, warned him of the consequence : Dunbar threatened with death the first man who should obstruct his intentions : the same threat was returned to the first man who should remove the boards. Dunbar's prudence at this time, got the better of his courage, and he retired. With the like spirit, an attempt of the same kind was frustrated at Exeter, whither he sent a company in a boat to remove lum- ber. Whilst his men were regaling themselves at a public house, in the evening, and boasting of what they intended to do the next , 173G. Dr. Douglass computes tiie number of persons who had tlie distemper in Boston at 'lUOO ; of wliom ]]4 died, wliich is one in 35. Tiie whole number of inhabitants at that time was estimated at 1G,000. 236 HISTORY OF NEW-HAMPSHIRE-. [1735. summer of 1735, when the sickness began, was unusually wet and cold, and the easterly wind greatly prevailed. But it was ac- knowledged to be, not ' a creature of the seasons ;' as it raged through every part of die year. Its extent is said to have been ' from Pemaquid to Carolina ;' but widi what virulence it raged, or in what measure it proved fatal to the southward of New-Eng- land, does not appear. The same distemper has made its appearance at various times since. In 1754 and 1755, it produced a great mortality in several parts of New-Hampshire, and the neighboring parts of Massa- chusetts. Since that time it has either put on a milder form, or physicians have become better acquainted widi it. The last time of its general spreading was in 1784, 5, 6 and 7. It was first seen at Sanford in die county of York ; and thence diffused it- self, very slowly, through most of the towns of New-England j but its virulence, and the mortality which it caused, were com- paratively inconsiderable. ' Its remote, or predisposing cause, ' is one of those mysteries in nature, which baffle human inqui- ry.'i * (1) Dr. Hall Jackson's observations, 1766. * The following Table, drawn from an account, published by Mr. Fitch, minister of Portsmouth, July 20, 173G, is a Bill of Mortality for 14 months pre- cedinjr. Towns. Portsmouth, 81 15 1 Dover, 77 8 3 Hampton, Hampton-Falls, 37 160 8 40 8 9 1 1 Exeter, 105 18 4 New-Castle, 11 Gosport, Rye, Greenland, 34 34 13 2 10 2 3 Newington, 16 5 Newmarket, 20 1 1 Stratham, 18 Kingston, 96 15 1 1 Durham, 79 15 6 Chester, 21 99 88 55 210 127 11 37 44 18 21 22 18 113 100 21 802 139 35 4 3 1 984 After this account was taken, ' several otlier children' died of the throat distemper. In the town of Hampton, 13 more witiiin the year 1736. So tluit the whole number must have exceeded a thousand. In the town of Kittery, in the county of York, died 122. It appears also, from the church records of Hampton, that from January J 754, to July 1755, fifty-one persons died of the same distemper, in that town. PROVINCE. JONATHAN BELCHER. 237 CHAPTER XVII. State of parties. Controversy about lines. Commissioners appointed. Their session and result. Appeals. Complaints. We have now come to that part of the history of New-Hamp- shire, in which may be seen, operating in a smaller sphere, the same spirit of intrigue which has frequently influenced the conduct of princes, and determined the fate of nations. Whilst on the one hand, we see Massachusetts stiffly asserting her chartered claims ; and looking with contempt, on the small province of New- Hampshire, over which she had formerly exercised jurisdiction ; we shall see, on the other hand, New-Hampshire aiming at an equal rank, and contending with her for a large portion of terri- tory ; not depending solely on argument ; but seeking her refuge in the royal favor, and making interest with the servants of the crown. Had the controversy been decided by a court of law, the claims of Massachusetts would have had as much weight as those of an individual, in a case of private property ; but the question being concerning a line of jurisdiction, it was natural to expect a decision, agreeable to the rules of policy and con- venience J especially where the tribunal itself was a party con- cerned. It must be observed, that the party in New-Hampshire, who were so earnestly engaged in the establishment of the boundary lines, had another object in view, to which this was subordinate. Their avowed intention was to finish a long controversy, which had proved a source of inconvenience to the people who resided on the disputed lands, or those who sought an interest in them ; but their secret design was to displace Belcher, and obtain a gov- ernor who should have no connexion with Massachusetts. To accomplish the principal, it was necessary that the subordinate ob- ject should be vigorously pursued. The government of New- Hampshire, with a salary of six hundred pounds, and perquisites amounting to two hundred pounds more, equal in the whole to about eight hundred dollars per annum, was thought to be not worthy the attention of any gentleman ; but if the lines could be extended on both sides, there would be at once an increase of territory, and a prospect of speculating in landed property ; and in future, there would be an increase of cultivation, and consequently of ability to support a governor. The people were told that the lands would be granted to them ; and by this bait they were induced to favor the plan ; whilst the ministry in England, were flattered widi the idea, of an increase of crown influence in the plantations. 238 HISTORY OF NEW-HAMPSHIRE. The leading men in Massachusetts were aware of the views of those in New-Hampshire, and determined to guard against them. They presumed, that a line of jurisdiction would not affect prop- erty ; and therefore endeavored to secure the lands to themselves, by possession and improvement, as far as it was practicable. The same idea prevailed among the governor's friends in New-Hamp- shire. They perceived, that a tract of wilderness on the north eastern side of JMerrimack. river, and the ponds which flow into it, must doubtless fall into New-Hampshire. For these lands they petitioned the governor, and a charter was prepared, in which this whole tract, called King's-Wood, was granted to them. It contained all the lands not before granted, between the bounds of New-Hampshire on the south-west and north-east ; which, according to the ideas of those concerned, would have been sufK- cient for about four large townships. Governor Belcher had a difficult part to act. He was at the head of two rival provinces ; he had friends in both; who were seeking iheir own as well as the public interest : He had ene- mies in both, who were watching him, eager to lay hold on the most trivial mistake, and magnify it to his disadvantage. His own interest was to preserve his commission, and counteract the mach- inations of his enemies ; but as the settlement of the line, and the removing of him from his office, were carried on at the same time, and by the same persons, it was difficult for him to oppose the latter, without seeming to oppose the former. Besides, Mr. Wilks, the agent of Massachusetts, was well known to be his friend ; and when it was found necessary to increase the number, one of them was his brother, Mr. Partridge. On the other hand, Mr. Rindge and Mr. Thomlinson were his avowed enemies. There was also a difference in the mode of appointing these agents. Those of Massachusetts were constituted by the council and representatives, with the governor's consent. Those of New- Hampshire were chosen by the representatives only, the council nonconcurring in the choice ; which, of course, could not be sanctioned by the governor's signature, nor by the seal of the province. When the petition which Rindge presented to the king, had been referred to the board of trade, and a copy of it giv^en to 17^19 Wilks, to be sent to his constituents, it became necessary that they should instruct him. Their instructions were designedly expressed in such ambiguous terms, that he was left to guess their meaning, and afterward blamed for not observing their directions. His embarrassment on this occasion, expressed in his petition and counter petition, to the board of trade, protracted the business, and gave it a complexion, unfavorable to his constitu- ents, but extremely favorable to the design of New-Hampshire. ^ (1) Ilutcli. ii. 385. Wilks' petitions and report of board of trade, MS. 1733.1 PROVINCE. JONATHAN BELCHER. 239 To bring forward the controversy, Parris, the soHcitor of tlic agents of New-Hampshire, moved a question, ' From what ^^„ * part of Merrimack river the hne should begin?' The ^''^'^' board of trade referred this question, to the attorney and solicitor general, who appointed a day to hear council on both sides. ' The council for New-Hampshire insisted, that the line ought to begin three miles north of the mouth of the Merrimack. The council for Massachusetts declared, that in their opinion, the solu- tion of this question would not determine the controversy, and therefore declined saying any thing upon it. The attorney . ^^^ and solicitor reported, that ' whether this were so or not, jyng5* * they could not judge ; but as die question had been re- ' ferred to them, they were of opinion, that according to the char- ' ter of William and Mary, the dividing line ought to be taken ' from three miles north of the mouth of Merrimack, where it runs ' into the sea.' Copies of this opinion were given to each ., ^qr party ; and the lords of trade reported, that the king should ju'^g 5* appoint commissioners, from the neighboring provinces, to mark out the dividing line. This report was approved by the lords of council. Much time was spent in references, messages and pedtions, concerning the adjustment of various matters; and at ^,^0^ length, the principal heads of the commission were deter- p^j^ ^ q* mined. The first was, that the commissioners should be appointed, from among the counsellors of New-York, New-Jersey, Rhode-Island and Nova-Scotia. These were all royal govern- ments, except Rhode-Island ; and with that colony, as well as New- York, Massachusetts had a controversy, respecting bounda- ries. Connecticut, though proposed, was designedly omitted, because it was imagined that they would be partial to Massachu- setts, from the similarity of their habits and interests. The other points were, that twenty commissioners should be nominated, of whom five were to be a quorum ; that they should meet at Hamp- ton, in New-Hampshire, on the first of August, 1 737 ; that each province should send to the commissioners, at their first meetingy the names of two public officers, on whom any notice, summons, or final judgment might be served ; and at the same time should exhibit, in writing, a plain and full state of their respective claims, copies of which should be mutually exchanged ; and that if either province should neglect to send in the names of their officers, or the full state of their demands, at the time appointed, then the commissioners should proceed ex parte. That when the com- missioners should have made and signed their final determination, they should send copies to the public otHcers, of each province j and then should adjourn for six weeks, that cither party might enter their appeal.^ (1) Printed brief. MS. report. (2) Printed brief. 240 HISTORY OF NEW-IIAMrSHIRE. [1737. These points being determined ; the board of trade wrote let- tei^ to Belcher, enclosing the heads of the proposed commission, and directing him to recommend to the assemblies of each province, to choose their public oflicers, and prepare their demands, by the lime when the commissioners were to meet. These were accompanied with letters to the governors of the several provinces, from which the commissioners were elected, informing them of their appointment. The letters were delivered to Parris, and by him to Thomlinson, to be sent by the first ship to America.! Those to Massachusetts and New-Hampshire, were directed, the one to Mr. Belcher, by name, as governor of Massachusetts ; the other, to the commander in chief, resident in New-Hampshire ; and it was required that the delivery of the letters should be certified by affidavit. The design of this singu- lar injunction was, that Dunbar, if present, should receive the letter, and call the assembly of New-Hampshire immediately ; and that if Belcher should forbid or hinder it, the blame of the neglect should fall on him. At the same time, auother letter, respecting a petition of a borderer on the line, and containing a reprimand to Belcher, was sent in the same manner, to be delivered by Dun- bar, into Belcher's hands. These intended afflonts, both failed of their effect ; Dunbar having, before the arrival of the letters, taken his passage to England. The anxiety of Thomlinson, to have the earliest notice possible, of the intended commission sent to New-Hampshire, led him not only to forward the public letters ; but to send copies of all the transactions, to his friends there. In a letter to Wiggin and Rindge, (the committee who corresponded with him) he advised them, to make the necessary preparations, as soon as possible, to act in conformity to the commission and instructions ; and even went so far as to nominate the persons, whom they should appoint, to manage their cause before the commissioners.^ These papers were communicated to the assembly, at their session in March ; and at the same time the governor laid before them, a copy of the report of the board of trade, in favor ■ of a commission, which had been made in the preceding December. In consequence of which, the assembly appointed a committee of eight* who were empowered ' to prepare ^^^ ' ' witnesses, pleas and allegations, papers and records, to ' be laid before the commissioners ; to provide for their recepfion * and entertainment, and to draw upon the treasurer for such * supplies of money as might be needful.'^ This appointment was (1) Original letters of Parris. (2) Original MS. letter. (3) Assembly Records and printed brief. * OJ the Cmincil. Of the Hovsc. Sliadrach Walton, Andrew Wiggin, George .laft'rey, John Rindge, Jotliain Odiorne, Thomas Packer, Theodore Atkinson. .Tames Jeffrey. 1737.] PROVINCE. JONATHAN BELCHER. 241 made by the united voice of the council and representatives, and consented to by the governor ; and though it was made, three weeks before tlie reception of tiie letters, from the lords of trade; directing the appointing of public officers, and preparing a state- ment of claims ; yet it was understood to be a full compliance with the orders and expectations of the government in England. The same day on which this order passed, the governor pro- rogued the assembly to the sixth of July ; and on the twentieth of June, he prorogued it again, to the fourth of August. The letters respecting the commission, were delivered to Mr. Belcher, on the twenty-second of April ; and he acknowledged the receipt of them, in a letter to the board of trade, on the tenth of May. The commission itself was issued on the ninth of April, and sent to Mr. Rindge ; who kept it till the meeting of the com- missioners, and then delivered it to them. The expense of it, amounting to one hundred and thirty-five pounds sterling, was paid by the agents of New-Hampshire. At the spring session of the general court in Massachusetts, the governor laid before them the letter from the lords of trade, inclosing an order from the privy council, and re- ^^ commended to them to stop all processes in law, respecting any disputes of the borderers, till the boundaries should be determin- ed.^ During the same session, he reminded them of the order, and desired them to consider it ; telling them that he had no advice of the appointment of commissioners. His " ^ meaning was, that the commission itself, in which they were named, had not been sent to him ; nor was he actually informed that it was in America, till after he had prorogued the assemblies of both provinces to the fourth of August. In obedience to the royal order, the assembly of Massachusetts appointed Josiah r , r Willard, secretary, and Edward Winslow, sherifFof Suf- ^ ^ "^^ folk, to be the two public officers ; on whom, or at whose place of abode, any notice, summons, or other process of the commission- ers, might be served. On the day appointed, eight of the commissioners met at Hampton.* They published their commission, opened . their court, chose William Parker their clerk, and George ""' IMitchel, surveyor. On the same day, the committee of eight, who had been appointed by the assembly of New-Hampshire, in April, appeared ; and delivered a paper to the court, reciting the order of the king, for the appointment of two public officers ; al- (1) Journal of Assembly. * From Nova-Scotia. From Rhode-Island. William Skene, President, Samuel Vernon, Erasmus James Phillips, John Gardner, Otho Hamilton. John Potter, 33 Ezekiel Warner, George Cornel. 242 HISTORY OF NEW-IIAMPSHIRE. [1737. leging that the assembly had not been convened since the arrival of that order ; but, that there should be no failure for want of such officers, they appointed Richard Waldron, secretary, and Eleazar Russell, sherifF.i They also delivered the claim and demand of New-Hampshire, in the following words. ' That the southern boundary of said province should begin at the end of three miles north from the middle of the channel of Merrimack river, where it runs into the Atlantic ocean ; and from thence should run, on a straight line, west, up into the main land (toward the south sea) until it meets his majesty's other governments. And that the northern boundary of New-Hampshire should begin at the en- trance of Pascataqua harbor, and so pass up the same, into the river of Newichwannock, and through the same, into the farthest head thereof ; and from thence northwestward, (that is, north, less than a quarter of a point, westwardly) as far as the Brhish dominion extends ; and also the western half of the Isles of Shoals, we say, lies within the province of New-Hampshire.'^ The same day, Thomas Berry and Benjamin Lynde, counsel- lors of Massachusetts, appeared and delivered the vote of their assembly, appointing two public officers, with a letter from the secretary, by order of the governor, purporting, that ' at the last * rising of the assembly, there was no account that any commission * had arrived ; that the assembly stood prorogued to the fourth ' of August ; that a committee had been appointed, to draw up a * state of their demands, which would be reported at the next ' session, and therefore praying that this short delay might not ' operate to their disadvantage.' Upon this, the committtee of New-Hampshire drew up and presented another paper, °' ' charging the government of Massachusetts with ' great ' backwardness, and aversion to any measures, which had a ten- * dency to the settlement of this long subsisting controversy ; and * also charging their agent, in England, with having used all im- * aginable artifices, to delay the issue ; for which reason, the ' agent of New-Hampshire had petitioned the king, to give direc- * tions, that each party might be fully prepared, to give in a state ' of their demands, at the first meeting of the commissioners ; ' which direction they had faithfully observed, to the utmost of ' their power ; and as the assembly of Massachusetts had made ' no seasonable preparation, they did, in behalf of New-Hamp- ' shire, except and protest against any claim or evidence being ' received from them, and pray the court to proceed ex parte ^ ' agreeably to the commission.'^ It was alleged in favor of Massachusetts, that by the first meet- ing of the commissioners could not be meant the first day, but the first session. The court understood the word in this sense, and (1) MS. original Minutes by Mr. Parker. (2) MS. Minutes, and Massa- chusetts Journal, p. 34. (3) MS. Minutes. 1737.1 PROVINCE. JONATHAN BELCHER. 243 resolved, that Massachusetts should be allowed time, till the eighth of August, and no longer, to bring in their claims ; and that if they should Aiil, the court would proceed ex parte. The court then adjourned to the eighth day. The assembly of New-Hampshire met on the fourth ; and the secretary, by the governor's order, prorogued them to the tenth, then to meet at Hampton-Falls. On the same day, °' the assembly of Massachusetts met at Boston ; and after they had received the report of the committee, who had drawn up their claim, and despatched expresses to New- York and New-Jersey, to expedite the other commissioners; and appointed a committee to support their claims;* the governor adjourned them, to the tenth day, then to meet at Salisbury. Thus the assemblies of both provinces were drawn within five miles of each other ; and the governor declared, in his speech, that he would ' act as a * common father to both.'^ The claim of Massachusetts being prepared, was delivered to the court, on the day appointed. After reciting their grant and charters and the judicial determination in 1677, they °' asserted their ' claim and demand, still to hold and possess, by a * boundary line, on the southerly side of New-Hampshire, begin- ' ning at the sea, three English miles north from the Black Rocks, ' so called, at the mouth of the river Merrimack, as it emptied * itself into the sea sixty years ago ; thence running parallel with * the river, as far northward as the crotch or parting of the river ; ' thence due north, as far as a certain tree, commonly known for * more than seventy years past, by the name of Endecott's tree ; ' standing three miles northward of said crotch or parting of Mer- ' rimack river ; and thence, due w^est to the south sea ; which, * (they said) they were able to prove, by ancient and incontestible ' evidence, were the bounds intended, granted, and adjudged to * them ; and they insisted on the grant and settlements as above ' said, to be conclusive and irrefragable.^ ' On the northerly side of New-Hampshire, they claimed a ' boundary line, beginning at the entrance of Pascataqua harbor ; ' passing up the same, to the river Newichwannock ; through that * to the farthest head thereof, and from thence a due north west ' line, till one hundred and twenty miles from the mouth of Pas- * cataqua harbor be finished.' (1) Massackusetts Assembly Records. (2) Journal, p. G. * This committee consisted of Edmund Quincy, William Dudley, Samuel Welles, Thomas Berry, and Benjamin Lynde, of the council ; and Elisha Cooke. Thomas Cashing, Job Almj-, Henry Rolfe, and Natlianiel Peaslee, of tlie house. Cooke died while tlie commissioners were sitting. He had been employed on the same affair at Newbury in 1731 , and it was by his means that tlie business was then obstructed. In reference to tliis, Belcher, in a private letter says, ' Generations to come will rise up and call him nirsc.d.' On account of Cooke's death, and the absence of another member, they ap- pointed John Read and Robert Auch'muty. August 13. 244 HISTORY OF NEW-IIAMPSIIIRE. [1737. The court ordered copies of the claims of each province, to be drawn and exchanged ; and having appointed Benjamin Rolfe of Boston,* an additional clerk, they adjourned to the tenth of the month. On that day, both assemblies met at the appointed places. A cavalcade was formed from Boston to Salisbury, and the governor rode in state, attended by a troop of horse. f He was "^' ■ met at Newbury ferry by another troop ; who, joined by three more at the supposed divisional line, conducted him to the George tavern, at Hampton-Falls ; where he held a council and made a speech to the assembly of New-Hampshire. Whilst both assemblies were in session ; the governor, with a select com- pany, made an excursion, of three days, to the falls of Amuskeag ; an account of which was published in the papers, and concluded in the following manner : ' His excellency was much pleased ' with the fine soil of Chester, the extraordinary improvements at ' Derry, and the mighty falls at Skeag.'^ In the speech, which the governor made to the assembly of New-Hampshire, he recommended to them to appoint tw'o officers, agreeably to his majesty's commission. The assembly appeared to be much surprised at this speech ; and in their answer, said, that ' the committee before appointed had already given in the ' names of two officers, which they approved of ; for had it not ' been done, at the first meeting of the conmiissioners, they might * have proceeded ex i) arte.'' -^ Considering the temper and views of Mr. Belcher's opponents, this was rather unfortunate for him, so soon after his profession of being ' a common father to both provinces.' For if the commit- tee had a right to nominate the two officers, then his recommen- dation was needless ; if they had not, it might justly be asked, (1) Boston Weekly News Letter, Aug. 25. (2) Assembly Journal and printed brief. * [Benjamin Rolfe was afterwards one of the early settlers of Concord, then called Runiford, wliere he died 20 December, 1771. He graduated at Har- v.ard college in 1727, and for some time was the only magistrate in Concord. He married Sarah, daughter of Rev. Timothy Walker, and she, after the death of Mr. Rolfe, became the wife of Benjamin Thompson, afterward the distin- guished German count, who from his early residence in New-Hampshire, took the name of Rumford.] 1 Tliis procession occasioned the following pasquinade, in an assumed Hibernian style. ' Dear Paddy, you ne'er did behold such a siglit, As yesterday morning was seen before nigiit. You in all your born days saw, nor I didn't neither. So many fine liorses and men ride together. Attlie head, tlie lower house trotted two in a row, Tlien all the liiglier house pranced after tiie low ; Then the governor's coach gallop'd on like the wind, And the last tliat came foremost were troopers beiiind ; But I fear it means no good, to your neck or mine ; For they say 'tis to fi.\- a riglit place for the line.' Collection of Poems, p. 54. 1737.] PROVINCE. JONATHAN BELCHER. 245 why did he not call the assembly together, on the sixth of July, to which day they had been prorogued ? The excuse was, that he did it, to avoid any objection, which might be made to the re- gularity of their appointment ; and to give them an opportunity to ratify and confirm it. The truth was, that Mr. Belcher high- ly resented the conduct of the committee of New-Hampshire, who concealed the commission, and never communicated it to him in form. Had he been aware of the use, which his enemies might make, of his rigid adherence to forms, when he could not but know the contents of the commission, and the time when it must be executed, prudence might have dictated a more flexible con- duct. They did not fail, to make the utmost advantage of his mistakes, to serve the main cause which they had in view. The expresses which were sent by Massachusetts, to call the other commissioners, had no other effect than to add to tlie num- ber, Philip Livingston, from New- York ; who, being senior in nomination, presided in the court. To prevent the delay, which would unavoidably attend the tak- ing of plans from actual surveys; the commissioners recommend- ed, to both assemblies, to agree upon a plan, by which the pre- tensions of each province should be understood ; but as this could not be done, a plan drawn by Mitchel was accepted, and when their result was made, this plan was annexed to it. They then proceeded to hear the answers, which each party made, to the demands of the other, and to examine witnesses on both sides. Neither party was willing to admit the evidence, produced by the other, and mutual exceptions and protests were entered. The points in debate were, whether Merrimack river, at that time, emptied itself into the sea, at the same place where it did sixty years before ? Whether it bore the same name, from the sea, up to the crotch ? and whether it were possible to draw a paral- lel line, three miles northward, of every part of a river ; the course of which was, in some places, from north to south ? With respect to the boundary line, between New-Hampshiro and Maine, the controverted points were, whether it should run up the middle of the river, or on its north-eastern shore ; and whether the line, from the head of the river, should be due north- west, or only a few degrees westward of north. The grand point on which the whole controversy respecting the southern line turned, was, whether the charter of William and Mary granted to Massachusetts, all the lands which were granted, by the charter of Charles the First .'' On this question, the com- missioners did not come to any conclusion. Reasons of policy might have some weight, to render them indecisive ; but, whether it were really so or not, they made and pronounced their result in the following words. In ' pursuance of his majesty's commission, ' the court took under consideration, the evidences, pleas, and ' allegations offered and made by each party ; and upon mature 240 HISTORY OF NEW-HAMPSHIRE. [1737. ' advisement on the whole, a doubt arose in point of law ; and ' ihe court thereupon came to the following resolution. That if the ' charter of King William and Queen Mary, grants to the province of ' jMassachusetts Bay, all the lands granted by the charter of King ' Charles the First, lying to the northward of Merrimack river ; * then the court adjudge and determine, that a line shall run, par- ' allel with the said river, at the distance of three English miles, ' north from the mouth of the said river, beginning at the south- ' eriy side of the Black Rocks, so called, at low water mark and ' thence to run to the crotch, where the rivers of Pemigewasset * and Winnipiseogee meet ; and from thence due north three ' miles, and from thence due west, toward the south sea, until it ' meets with his majesty's other governments ; which shall be the ' boundary or dividing line, between the said provinces of Mas- ' sachusctts and New-Hampshire, on tliat side. But, if other- ' wise, then the court adjudge and determine, that a line on the ' southerly side of New-Hampshire, beginning at the distance of ' three miles north, from the southerly side of the Black Rocks ' aforesaid, at low water mark, and from thence running due west, ' up into the main land, toward the south sea, until it meets with his ' majesty's other governments, shall be the boundary line between ' the said provinces, on the side aforesaid : Which point in doubt, ' the court humbly submit, to the wise consideration of his most ' sacred majesty, in his privy council j to be determined accord- ' ing to his royal will and pleasure. ' As to the northern boundary, between the said provinces, the ' court resolve and determine ; that the dividing line shall pass ' through the mouth of Pascataqua harbor, and up the middle of ' the river of Newichwannock, (part of which is now called Sal- ' mon-Falls) and through the middle of the same, to the farthest ' head thereof, and from thence north, two degrees westerly, un- ' til one hundred and twenty miles be finished, from the mouth ' of Pascataqua harbor, aforesaid ; or until it meets with his maj- * esty's other governments. And, that the dividing line shall part ' the Isles of Shoals, and run through the middle of the harbor, ' between the islands, to the sea, on the southerly side ; and that * the southwesterly part of said islands shall lie in, and be account- ' ed part of, the province of New-Hampshire ; and that the north- ' easterly part thereof shall lie in, and be accounted part of, the ' province of IMassachusetts Bay ; and be held and enjoyed by * the said provinces respectively, in the same manner as they now ' do, and have heretofore held and enjoyed the same. ' And the court do further adjudge, that the cost and charge * arising by taking out the commission, and also of the commis- * sioners and their officers, viz. the two clerks, surveyor and wait- * cr, for their travelling expenses, and attendance in the execu- ' tion of the same, be equally borne by the said provinces.'^ (1) MS. Copy Journal of Maasachusetts Assembly, p. 35. 1737.] PROVINCE. JONATHAN BELCHER. 247 Thus this long depending question, after all tlie lime, expense and argunncnt, which it has occasioned, remained undecided. When this evasive decree was published, the commissioners adjourned, to the fourteenth of October, to receive appeals ; and the same day, the governor, at the request of the council onlj', adjourned the assembly of New-Hampshire to the tvvslfth of Oc- tober. By this sudden adjournment, it was impossible for them to obtain a copy of the decree, before their dispersion, or to frame an appeal, till two days before the time, when it must have been presented. The assembly of Massachusetts continued their ses- sion, at Salisbury, five days longer. On the fifth of September, they obtained copies of the royal commission, and the decree of the commissioners, which they entered on their journal. On the sixth, they agreed upon an appeal • and on the seventh, at the united request of both houses, the governor adjourned them to the 12th of October. The sudden adjournment of the assembly of New-Hampshire, when that of Massachusetts continued their session, was unfortu- nate for Governor Belcher ; and gave his opponents another ad- vantage, to pursue their grand design against him. The reasons assigned for it were, that the report of the commissioners being special, the whole matter would of course come before the king, without any appeal from either province. For this reason, a majority of the council were against an appeal. That as the committee, appointed in April, had the same pow'er to act in the recess, as in the session of the assembly ; and, as the council were against appealing ; so the appeal could not be made, by the whole assembly, and therefore the governor thought, that the best service which he could do to the province, was to adjourn the assembly, and leave the whole business in the hands of the com- mittee. With respect to the short time, between the 12th and 14th of October, it was observed, that the claim of New-Hamp- shire was contained in a few lines, and their exceptions to the judgment of the commissioners might be prepared in a quarter of an hour.i Both assemblies met again, in the same places, at the appointed time. The representatives of New-Hampshire having, by the help of their committee, in the recess of the assembly, obtained the papers, framed their exceptions and sent a message, to know if the council were sitting ; but the council being deter- mined against an appeal, had met and adjourned, without doing any business. The house therefore was reduced to the necessity of desiring the commissioners to receive their appeal, without the concurrence of the governor and council. The appeal, from the assembly of Massachusetts, was presented in due form, authenti- cated by the speaker, secretary and governor. Their committee (1) Printed brief. 248 HieXORY OF NEW-HAMPBHIRE. [1737. entered a protest against the appeal of New-Hampshire, because it was not an act of the whole legislature ; nevertheless, the com- missioners received it, and entered it on their minutes. Having received these appeals, the commissioners adjourned their court to the first of August, in the next year, but they never met again. The assembly of Massachusetts appointed Edmund Quincy and Richard Partridge agents, to join with Francis Wilks, their former agent, in the prosecution of their appeal before the king ; and raisetl the sum of two thousand pounds sterling, to defray the expense.* When the representatives of New-Hampshire proposed the raising of money, to prosecute their appeal, die council noncon- curred the vote.'^ Their reasons were, that the appeal was not an act of the council ; that they had no voice in the appointment of the agent ; and, that at the beginning of the affair, the house had declared to the council, that the expense of it would be defrayed by private subscription. At this session of the Massachusetts assembly, Mr. Belcher put them in mind that he had suffered in his interest, by the con- tinually sinking value of their bills of credit, in which his salary was paid ; a point which he had, often before, urged them to con- sider. In answer to this message, they made him a grant of <£333, G, 8, in bills of the new tenor .3 The same day, they made a grant of the like sum, to the president of Harvard college. Both these sums appear to have been justly due ; and at any other time, no exception could have been made to either. But, because the grant to the governor happened to be made, at the same time with the grant of £2000 sterling to the agents, his opponents pretended, that he received it as a bribe, from the as- sembly of Massachusetts, for favoring their cause. The appeal of New-Hampshire, from the judgment of the commissioners, was founded on the following reasons. With respect to the southerly line ; because it made the Black Rocks, lying in a bay of Merrimack river, the point from which the three miles were to be measured ; which point was three quarters of a mile north of the river's mouth ; and, because a line, parallel with the river, was not only impracticable, but founded on the old charter, which had been vacated ; and, if practicable, yet ought not to go farther than the river held a westerly course. With respect to the northern boundary, they objected to that part of the judgment only, which directed the line to run up the middle of the river ; alleging that the grant to Gorges was only of land, be- tween that river and Kennebeck ; and that New-Hampshire had always been in possession of the whole river, and had maintained a fortress which commanded its entrance.'* (1) Massachusetts Journal of Assembly. (2) Printed brief. (3) Hutch, ii. 300. Journal, Oct 19. (4) MSS. 1737.] PROVINCE. JONATHAN BELCHER. 249 The appeal of Massachusetts was grounded on the following reasons. That by the charter of William and ]\Iary, the old colony of Massachusetts was re-incorporated without any excep- tion ; that this charter empowered the governor and general as- sembly to grant all lands, comprehended in the old colony ; that the committee of New-Hampshire acknowledged, that New- Hampshire lay without the late colony of Massachusetts, by de- claring that it was between that and the province of Maine j that the west line, claimed by New-Hampshire, would cross Merrimack river, thirty miles from its mouth, and exclude forty miles of said said river out of Massachusetts, though declared, by both charters, to be in it. They objected to extending the line of New-Hamp- shire till it should meet with his majesty's other governments ; because according to Masoii's grant, New-Hampshire could ex- tend no farther than sixty miles from the sea. With respect to the northern boundary, they objected to a line north, two degrees westwardly, alleging that it ought to be on the northwest point ; they also excepted to the protraction of this line, till it should meet with his majesty's other governments j alleging that it ought to extend no farther than one hundred and twenty miles, the fixed limits of the province of Maine. It was unfortunate for Massachusetts that their committee had brought Mason's grant, in evidence to the commissioners, and again recited it in their appeal ; for a line of sixty miles from the sea would cross Merrimack river, long before the similar curve line, for which they contended, could be completed. Besides, Mason's grant extended to Naumkeag ; which was much further southward, than they would have been willing to admit. It may seem curious and unaccountable to most readers, that the commissioners should determine the northern, or rather east- ern bounds of the northern part of New-Hampshire, to be a line drawn north, two degrees westerly, from the head of Salmon-fall river ; when the express words of Gorges' patent are ' north westward.' The agents for Massachusetts, when this claim was put in by New-Hampshire, could hardly think it was seriously meant, when it was alleged that by northwestward must be under- stood, north a Utile westward.* The only ostensible reason, given for this construction was, that if a northwest line had been intended, then a southeast line, drawn from the mouth of the harbor, would leave all the Isles of Shoals in New-Hampshire; whereas, the dividing line runs between them.^ On the other side, it might have been said, with equal pro))riety, that a line drawn south, two degrees east, from the mouth of the harbor, would leave all these islands in Massachusetts. For the point where the islands are divi- ded bears south, twenty-nine degrees east, from the middle of the harbor's mouth ; the variation of the needle being six degrees west.^ (1) Hutch, ii. 389. (2) MS. minutes of the commissioners. (3) [As] ob- served 1781. 34 250 HISTORY OF NEW-HAMPSHIRE, [1737. When this affair was again agitated in England, the agents of Massachusetts obtained a certificate from the learned Dr. Halley, that a line northwestward ought to run forty-five degrees westward of the north point. This was demonstratively true ; but there were political reasons for dissenting from mathematical demon- stration. One of them is thus expressed, in a private letter, from a committee of the assembly, to their agent Thomlinson. ' We ' hope that the northern line will be but a few degrees to the west- ' ward of north, that his majesty's province may include the great- * est number, and best mast trees for the royal navy.' Though this tiiought might never have occurred to a mathematician, yet someof the commissioners were doubtless acquainted with it; and it was too important, not to have been communicated to the king's ministers. Anotiier political reason of dissent was, that by en- larging New-Hampshire, there would be a better prospect of ob- taining a distinct governor, which was the grand object in view. The new agent of Massachusetts, Edmund Quincy, died of the small pox, soon after his arrival in London. The affair was then ,_^Q left in the hands of Wilks and Partridge, neither of whom understood so much of the controversy as Thomlinson ; who was also far supefior to them in address. In his letters, to his friends in New-Hampshire, he frequently blames them for their negligence, in not sending to him the necessary papers in proper season ; and when sent, for the want of correctness and regularity in them. But their deficiency was abundantly com- pensated by the dexterity of his solicitor, Parris ; who drew up a long ' petition of appeal ;' in which, all the circumstances, attend- ing the whole transaction, from the beginning, were recited, and colored, in such a manner, as to asperse the governor and assembly of ' the vast, opulent, overgrown province of Massachusetts ;' while ' the poor, little, loyal, distressed province of New-Hamp- * shire' was represented as ready to be devoured, and the king's own property and possessions swallowed up, by the boundless rapacity of the charter government. Concerning the manner in which this masterly philippic was framed, and the principal object at which it was directed, there can be no belter evidence, than that which is contained in a letter, written by Parris to Thomlin- son, and by him sent to New-Hampshire. ' Two nights ago, I ' received a heap of papers from you, about the lines ; ^ ■ ■ ' and have been four times to the colony office, and board * of trade, to discover what I could in this imperfect affair ; but ' cannot see the case, till after Tuesday next. Notwithstanding ' which, I have, as well as I can, without proper materials, drawn * up a long petition of appeal, to his majesty ; and as the Massa- ' chusetts have not yet presented theirs, I send you the draught ' of it, and hope we shall have our appeal, as well as the petition, ' from the New-Hampshire assembly, in, before the Massachusetts ' get theirs in. Had your principals considered the great conse- 1738.] PROVINCE. JONATHAN BELCHER. 251 ' quence of being first, surely, in all this time, they would have * sent you a copy of their proceedings, in order to have enabled ' us to be first ; but, as it is, 1 am forced to guess at matters, and ' affirm facts at adventure, or upon dubious passages in letters; * which is a sad way of proceeding, and I wish we do not mistake ' some facts. They oblige us to make bricks widiout straw. — ' Above all, why did they not send a copy of their own appeal ? ' For want of it, I have been forced to guess what that appeal ' was, from loose i)assages in Mr. A.'s letters. Beg them, im- * mediately to order, an exact copy to be made of all their votes, ' from March to October last. Had these votes come over regu- ' larly and authentically, his Excellency would have been shaken ' quite down, in a iew weeks by them. You'll observe, I have ' laid it on him pretty handsomely, in my petition to the king.'* Thus the petition of appeal became a petition of complaint, against the governor and assembly of Massachusetts. Copies were delivered to their agents, and the governor was ordered to make answer to the allegations against him. At the same time, Thomlinson advised his friends in New-Hampshire, to prepare their proofs, as silently as possible ; and by no means to give any offence to the governor ; assuring them of the favorable disposition of several lords of the privy council, as well as the board of trade, toward their cause ; and that they had need to be in no pain, about the event.^ The death of Mr. Quincy at this critical moment, and the length of time necessary to prepare and send over answers, to the com- plaint which Parris had thus artfully drawn up, obliged the agents of Massachusetts to suspend the presenting of their appeal for several months. CHAPTER XVIII. Revival of Mason's claim. Accusations against Belcher, real and forged. Royal censure. Final establishment of the lines. Hutchinson's agency. ' Spanisli war. Belcher's zeal and fidelity. His removal. Examination of his character. The spirit of intrigue was not confined to New-Hampshire ; for the politicians of ^lassachusetts, by bringing into view the long dormant claim of Mason, had another game to play, besides proving the small extent of New-Hampshire. They perceived that the (1) Thomlinson 'fl MS. letters. *This petition is printed at large, in the Journal of the Massachusetts as- sembly for 173S. with their vindication annexed, in which they call the peti- tion * a chain of blundering, if not malicious falsehood.' 25:2 HISTORY OF NEW-HAMPSHIRE. [1738. line, whether settled according to their own demand or that of New-Hampshire, would cut off a considerable part of several of their townships; and though they had, by their agent, obtained a promise, that private property should not be affected by the line of jurisdiction, yet they thought it best to have some other se- curity. For what reason the government of Massachusetts did not purchase the province of New-Hampshire, from Robert Mason, at the same time (1677) that they purchased the province of Maine, from the heirs of Gorges, we are not now able precisely to determine. It is probable that the purchase might then have been easily made, and much controversy prevented. When it was sold, by John and Robert Mason, to Samuel Allen (1691) the bargain was made in England ; and the lands were, by fiction of law, supposed to be there ;* by which means, the process re- specting the fine and recovery was carried on in the court of king's bench. During the lives of the two Masons, no notice was taken of the supposed flaw; and the sale to Allen was not disputed. The brothers returned to America. John, the elder, died without issue. Robert married in New-England, and had a son ; who, after the death of his father, conceived hopes of invalidating Allen's purchase, and regaining his paternal inheritance ; which it was supposed could not have been transferred by his father and uncle, for any longer term, than their own lives. It was also said that the fiction, by which the lands were described, to be within the jurisdiction of the courts of Westminster hall, rendered the proceedings void ; and therefore that the entail was still good. Filled with these ideas, he made strenuous exertions, to acquire money, to assist him in realizing his expectations ; but died in the midst of his days, (1718) at the Havana, whither he had made a voyage with this view. His eldest son, John Tufton,was bred to a mechanical employment in Boston ; and came of age, about the time in which the controversy between the two provinces was in agitation. He inherited the enterprising spirit of his ancestors, and the public controversy called his attention to his interest. On this young man, the politicians cast their eyes ; and having con- sulted counsel on the validity of his claim, and the defect of the transfer, they encouraged him to hope, that this was the most favorable time to assert his pretensions. ^ Had they purchased his claim at once ; they might doubtless have obtained it for a trifle, and have greatly embarrassed the views of their antagonists. In- stead of such a stroke of hberal policy, they treated with him, (1) MS. copy of Read's and Auchmuty's opinions. * In the process by which the entail was tlien docked, the situation of the land is expressed in these words : , „ j tvt • ' In New-Hampshire, Main. Masonia, Laconia, Mason-hall and Mariana, in New-England, in America, in the parish of Greenwich." MS. in Proprie- tary Office. 1738.] PROVINCE. JONATHAN BELCHER. 255 concerning the release all of those lands, in Salisbury, Atnesbury, Haverhill, Methuen and Dracul, which the line would cut off; and, for five hundred pounds currency, obtained a quit-claim of twenty-three thousand six hundred «nd seventy-five acres. They also admitted his memorial to the assembly ; in which he " ^ ■ represented to them, that his interest might probably be affected, by the final determination of the line, and praying that the province would be at the expense of his voyage to England, to take proper measures for securing it.^ To this, they consented, on condition that he should prove his descent from Captain John Mason, the original patentee.* Depositions were accordingly taken in both provinces, to which the public seals were affixed ; and they put him under the direction of their agents, ordering his expenses to be paid, as long as they should judge his presence in England serviceable to their views.'"^ The agents stated his case to their counsel, the king's solicitor ; and asked his opinion how they should proceed ; but he advised them, not to bring him into view, lest the lords should think it an artifice, intended to perplex the main cause. On this considera- tion, they dismissed him from any farther attendance ; and paid his expenses, amounting to above ninety pounds sterling. •]■ ^ (1) Journal of Assembly. (2) MS. copies in the proprietary office. — (3) Agent's letters in Secretary's office of Massachusetts. * [His descent from the original proprietor of New-Hampshire will appear from the following : Capt. John Mason was born at Lynn-;::Anne, his wife, who survived him. Regis, in Norfolk, and died in Nov. I 1635. I Jane Mason:::Joseph Tufton, (see p. 16.] I I I I John Tufton, who took Robert Tufton, who took::: Anne Tufton, who died 1677, the name of Mason and the name of Mason and died sine prole. died in 1688, aged 56 sine prole. John Tufton Mason, Robert Tufton Mason, who:::CatharineWiggin. who died in Virgin- lived in Portsmouth, and I ia, sine prole. was lost at sea in 1696. | John Tufton Mason,::: Elizabeth Mason, who died at Havana, in 1718. and several others. John Tufton Mason, mariner of Bos- Thomas Tufton Mason, ton, born about 1713, in whom the who was a minor in title was revived in 1738. 1738.] t Mr. Hutchinson, in his history of Massachusetts, has passed over this whole transaction in silence ; though it is well known that he was one of the managers of it. See Journal of Mass. Rep. June 2, 1738, p. 11. 254 HISTORY OF NEW-HAMPSHIRE. [1738. Such a transaction, though conducted as privately as the na- ture of the thing would admit, did not escape the vigilance of Thomlinson ; who, on finding Mason detached from the agents of Massachusetts, entered into an agreement with him, for the re- lease of his whole interest, to the assembly of New-Hampshire ; in consideration of the payment of one thousand pounds, curren- cy of New-England. This manoeuvre served to strengthen the interest of New-Hampshire, and Thomlinson was much applauded for his dexterity. He had the strongest inducement, to continue his efforts in their favor ; for no less than twelve hundred pounds sterling had been already expended, in prosecuting the affair of the line ; which sum had been advanced by himself and Rindge. There was no prospect of repayment, unless the province could be put under a separate governor ; and this point could not be obtained, till the removal of Belcher. The agents of Massachusetts, after a long delay, presented their appeal ; and followed it with a petition, for the benefit of their former protests, against the New-Hampshire appeal ; objecting also to its regularity, as it contained matters of personal complaint, against the governor ; which had been no part of the records of the commissioners.! Thomlinson finding this new petition thrown in his way, applied for its being immediately heard ; and at the hearing, it was dismissed, but without prejudice to the ' agents of Massachusetts being permitted, to object against the regularity of the New-Hampshire appeal, when it should come to a hearing. Such were the complaints against the gov- ernor, and the importunity of his adversaries to prosecute them, that it was necessary to hear and despatch them, before the ap- peal respecting the lines could be brought forward. It must be remembered, that Mr. Belcher had enemies, in his government of Massachusetts as well as New-Hampshire, who united their efforts to obtain his removal from both ; but as they supposed him more vulnerable in his capacity of governor of New-Hampshire, so they joined in strengthening the complaints, from that quarter, as a preparatory step, to effect his complete re- moval. Whilst he was engaged, in preparing for his defence, against the charges, in the petition of appeal, other attacks were meditating, which were conducted with such silence that it was impossible for him to guard against their efiects. One of 1739. these was a letter, purporting to have been written at Ex- *^^^ ^' eter, subscribed by five persons, said to be inhabitants of that town, and directed to Sir Charles Wager, first lord of the admiralty. In this letter, it was said, that ' finding his lordship * had ordered the judge advocate of the court of admiralty to in- * quire into the riot, which had been committed there, (1734) and (1) July 18-October 9. Printed brief and MS. letters. 1739..] PROVINCE. JONATHAN BELCHER. 25& ' the assault of the surveyor and his officers ; and fearing to bo ' brought into trouble on that account, they would confess the ' whole truth. That they had been indulged, by former survey- ' ors, in cutting all sorts of pine trees, till the appointment of ' Colonel Dunbar to that office ; who had restrained and prose- * cuted them ; but that Governor Belcher had privately given * them encouragement to go on ; by assuring them that they had ' the best right to the trees ; that the laws were iniquitous, and * ought not to be regarded ; that although he must make a shew * of assisting that Irish dog of a surveyor ; yet he would so man- ' age it with the council and justices, who were under his inllu- * ence, that they should not suffer ; and further to encourage * them, he had made several of them justices of the peace, and ' officers of militia. That he had also told them not to fear any ' inquiry into their conduct ; for that he would write to the board ' of admiralty, in their favor ; and boasted that he had such an ' influence over their lordships, that they would believe every ' thing which he should say. That as they had now confessed ' the truth, they hoped to be forgiven, and noi; prosecuted in the ' admiralty court ; and begged that this information might be kept ' secret till the governor's removal, which they hoped would soon ' be effected. That whatever might have been said to the con- ' trary, they could assure him that the province of New-Hamp- * shire contained the largest number of pine trees, and of the best ' quality, in all his majesty's American dominions ; and, for fur- ' ther information, they referred his lordship to several persons ' then in London, particularly to Mr. Wentworth and JVIr. Waldo ; ' the latter of whom, was agent to Mr. Gulston, for procuring ' masts for the royal navy.'i On the receipt of this letter, Sir Charles, with the candor of a gentleman, sent a copy of it to IMr. Belt;her ; who immediately ordered an inquiry ; and it was proved to be an entire forgery ; four of the persons whose names were subscribed utterly dis- claimed it, and the fifth was not to be found ; no such person be- ing known in the town of Exeter. The evidence of this forgery was transmitted to England, with all possible expedition ; but not till it had made an impression, to the disadvantage of the governor. Another artifice used against him, was a memorial of Gulston, the navy agent, and others ; complaining of the defenceless state of the province ; that the fort lay in ruins, and that the militia were without discipline ; notwithstanding the probability of a war. This memorial was so artfully drawn, as to throw the blame of the neglect on the governor, widiout mentioning his name ; which was intended, to prevent his obtaining a copy, and being allowed time to answer. Another complaint was made in the form of a letter, respecting the grant of the tract called Kingswood ; in (1) MS. copy of Exeter letter. 256 HISTORY OF NEW-HAMPSHIRE. [1739. which he was represented, as partial to his friends, in giving them an exclusive right, to the whole of that territory, which they deemed, the unappropriated lands of the province. Several parts of his administration were also complained of ; and in particular, the infrequency of his visits to New-Hampshire. ^ This letter was signed by six members of the council, and a majority of the rep- resentatives. Gulston's memorial was presented to the lords of council ; and by them referred to the board of trade, accompanied by the let- ter ; and though Mr. Belcher's brother and son applied for copies, and time to answer, the request was evaded ; and a report was framed, in favor of putting New-Hampshire under a separate gov- ernor. When this report came before the privy council. Lord Wilmington, the president, ordered it back again ; that the gov- ernor might have that justice which his agents had asked. By this means, he had opportunity to answer in his defence ; that without money, the fort could not be re|)aired ; that it was not in his power to tax the people ; that he had frequently applied to the assemblies for money, to repair the fort ; to which they had con- stantly answered, that the people were too poor to be taxed ; and had solicited him to break through his instructions, and allow them to issue paper money, without any fund for its redemption ; that the militia had always been trained according to law ; and that he had constantly visited New-Hampshire, and held an assembly, twice in the year, unless prevented by sickness ; for which he appealed to the journals. To corroborate these pleas, the gov- ernor's friends procured five petitions, in his favor, and praying for his continuance, signed by about five hundred people. The petitions, however, did not express the sense of the majority ; who had been persuaded into a belief, that they should receive much benefit by a separate governor ; and accordingly, a counter petition being circulated, was signed by about seven hundred of the inhabitants.* Things being thus prepared, the complaints were brought to a hearing, before the lords of council ; who reported to the king, ' that Governor Belcher had acted with great partiality, ^ °^- • < by proroguing the assembly of New-Hampshire, from the * sixth of July, 1737, to the fourth of August following; in dis- ' obedience to his majesty's order in council ; which had been ' transmitted to him by the lords of trade, and which was proved * to have been delivered to him, in due time ; and, also by farther * proroguing the said assembly, from the second of September, * 1 737, to the thirteenth of October ; whereby the province were (1) Belcher's letters, MS. * [The whole number was 662. They belonged to the towns of Hampton, Hampton-Falls, Kingston, Chester, Stratham, Exeter and Kensington. A list of their names is in the Secretary's office of New-Hampshire.] 1739.] PROVINCE. JONATHAN BELCHER. 257 * deprived of tlie time, intended by his majesty's said order, to be ' allowed them, to prepare a proper and regular appeal ; thereby ' endeavoring to frustrate the intention of liis majesty's commis- ' sion.'i This report was approved by the king ; and from ^^^ this time, it may be concluded, that i\Ir. Belcher's removal from the government of New-Hampshire was seriously contem- plated. The grant of Kingswood was also annulled ; and he was prohibited from making any other grants of land, till the lines should be determined. This censure being passed on the governor, and the complaints being at an end, the way was prepared for a hearing of the ap- peals, from both provinces, respecting the hnes ; which j^^q being had, the determination of this long controversy was ^^^^ 5' made on a plan entirely new. The special part of the decree of the commissioners was set aside, and no regard was had to tlieir doubt, whether the new charter granted all the lands comprehended in the old. It was said, that when the first grant was made, the country was not explored. The course of the river, though unknown, was supposed to be from west to east ; therefore it was deemed equitable, that as far as the river flowed in that course, the parallel line at three miles distance should extend. But as on the one hand, if by pursuing the course of the river, up into the country, it had been found to have a south- ern bend, it would ha^^e been inequitable to have contracted the Massachusetts grant ; so, on the other hand, when it appeared to have a northern bend, it was equally inequitable to enlarge it. Therefore it was determined, ' That the northern boundary of ' the province of Massachusetts be, a similar curve line, pursuing ' the course of Merrimack river, at three miles distance, on the ' north side thereof, beginning at the Atlantic ocean, and ending * at a point due norUi of Pawtucket falls ; and a straight line ' drawn from thence due west, till it meets with his majesty's other ' governments.'- The other parts of the decree of the commis- sioners, respecting thenordiern line, and the payment of expenses, were alBrmed. This determination exceeded the utmost expectation of New- Hampshire ; as it gave them a tract of country, fourteen miles in breadth, and above fifty in length, more than they had ever claim- ed. It cut off from Massachusetts, twenty-eight new tov\-nships, between IMerrimack and Connecticut rivers ; besides large tracts of vacant land, which lay intermixed ; and districts from six of their old towns, on the north side of the Merrimack ; and if, as was then supposed, the due west line were to extend, to twenty miles east of Hudson's river, the reputed boundary of New- York ; a vast tract of fertile country, on the western side of Connecticut river, was annexed to New-Hampshire ; by which an ample (1) Frinted brief. (2) Council Records, 35 268 HISTORY OF NEW-HAMPSHIRE. [1740. scope was given, first for landed speculation, and afterward for cultivation, and wealth. When this determination was known, the politicians of Massa- chusetts were chagrined and enraged. They talked loudly of injustice ; and some of the more zealous proposed trying the merits of the cause, upon the words of the charter, before the judges in Westminster hall ; who, it was expected, would upon their oath and honor reverse the judgment, and tell the king that he had mistaken the meaning of the royal charter.' This would indeed have been a bold stroke. But a more moderate and pusillanimous scheme was adopted ; which was to send over a new agent, to petition the king, that he would re-annex to their government, the twenty-eight new townships, which had been cut off, and the dis- tricts of the six old towns. It was also thought prudent, that the whole province should not openly appear, in the affair ; but that petitions should be drawn, by the inhabitants of these towns, and that the agent should be chosen by them.^ Accordingly town meetings were held ; petitions were prepared and subscribed ; and Thomas Hutchinson was appointed their agent, and sent over to England ; where he formed those connexions, which after- wards served to raise him, to the chair of government in his na- tive province. About the same time, Governor Belcher procured a petition, from his six friends, of the council of New-Hampshire, to the king ; praying that the ivhole province might be annexed to the government of Massachusetts.^ This matter had been long in contemplation, with these gentlemen ; but was now produced at the most unfortunate time, which could have been chosen. Their petition was at once rejected. But that from the towns was kept in suspense a long time j till Thomlinson was prepared, to answer all the pleas, which Hutchinson could advance, and proved too hard an antagonist for him. It was finally dismissed,* because it was thought ' that it never could be for his majesty's service, to annex ' any part of his province of New-Hampshire, as an increase of ' territory, to Massachusetts ; but rather, that it would be for the ' benefit of his subjects there, to be under a distinct government.'* Though Belcher's removal was seriously feared, by his best friends ; yet he had so much interest with some of the lords in high office, that they could not be prevailed with to give him up. The war, which had commenced between Britain and Spain, afforded him an opportunity, to signalize his zeal for the king's service ; and he determined to prove himself, a faithful servant to the crown, in every instance ; in hope that a course of time and fidel- (1) Belcher's letters. (2) Thomlinson's observations on Massachusetts pe- tition, MS. (3) Thomlinson's MS. letters. (4) Bow brief. • The ill success of this agency was probably the reason, that Mr. Hutchin 8on took no notice of it, in his history of Massachusetts. 1740.] PROVINCE. JONATHAN BELCHER. 259 ity might efiace the impressions, which had been made, to his disadvantage. It being resolved by the British court, to undertake an expedi- tion to the island of Cuba, Governor Belcher, agreeably to the orders which he had received from the Duke of Newcastle, issued a proclamation, for the encouragement of men who . would enlist in the service ; ' that they should be supplied ^^' * with arms and clothing ; be in the king's pay ; have a share of * the booty which should be taken ; and be sent home, at the ex- * piration of their time of service ; and that his majesty would ' order a number of blank commissions, to be filled up by the ' governor, and given to the officers, who should command the * troops, to be raised in the provinces.' He afterwards pressed this matter, closely, in his speech to the assembly ; "*' ' and urged them, to make provision, for one hundred men, and a transport, to convey them to Virginia ; where all the colony troops were to rendezvous ; and thence to proceed, under the command of Colonel Gooch, to the place of their destination. The assem- bly voted, as much as they judged sufficient for this purpose ; and the governor appointed a captain, and gave him beating or- ders ; but the commissions and arms not being sent, according to the royal promise, no men could be enlisted in New-Hampshire. The governor received commissions and arms for four companies to be raised in Massachusetts ; where he could easily have enlisted ten, had he been furnished according to the engagement.^ To this failure and not to any want of exertion, on his part, in either of his governments, may be ascribed the paucity of troops raised in them ; and yet his enemies failed not of blaming him on this account. The representatives of New-Hampshire took this occasion to frame a vote, disapproving his administra- "^"^ ' tion ; and upon this vote, their agent founded another battery, to attack his character.^ In conformity to the royal determination of the boundaries, orders were given to Belcher, to apply to both his govern- ments, to join in appointing surveyors, to run out, and mark the lines ; and that if either should refuse, tlie other should pro- ceed ex parte. The assembly of Massachusetts delayed giving an answer in season, which was construed a denial. The assem- bly of New- Hampshire appointed three surveyors, to execute the service, who were commissioned by the governor. They were directed to allow ten degrees, for the westerly variation of the needle ; and the work was performed in the months of February and March. George Mitchell surveyed and marked the similar curve line, from the ocean, three miles north of Merrimack river, to a station north of Pawtucket falls, in tlie township of Dracut. Rich- ard Hazzen began at that station and marked tlie west line, across (1) Belcher's letters. (2) Thomlinson's letters. 260 HISTORY OF NEW-HAMPSHIRE. [1741. Conneclicut river, to the supposed boundary line of New-Hamp- shire. Walter Bryenl began the line, from the head of Salmon- falls river, and marked it about thirty miles ; but was prevented from proceeding farther, partly by the breaking up of the rivers, which rendered travelling impracticable ; and partly by meeting a company of Indians who were hunting, and took his men for a scouting party. In their return, they found on one of the trees, which they had marked, ' the figure of a man's hand grasping a ' sword ;' which they interpreted, as a signal of defiance, from tlie Indians.^ The return of these lines to the board of trade was one of the last acts of JMr. Belcher's administration. His enemies in both governments were indefatigable in their endeavors to remove him ; and by their incessant applications to the ministry ; by taking every advantage of his mistakes ; by falsehood and misrepresent- ation ; and finally, by the diabolical arts of forgery and perjury, they accomplished their views.^ He was succeeded in the gov- ernment of Massachusetts, by William Shirley ; and in New- Hampshire, by Benning Wentworth. At this distance of time, when all these parties are extinct, and every reader may be supposed impartial ; it may seem rather strange, that Governor Belcher should meet with such treatment, from the British court, in the reign of so mild and just a prince, as George the Second. That Mr. Belcher was imprudent and unguarded, in some instances, cannot be denied. He was indeed zealous to serve his friends, and hearken to their advice ; but, by this means, he laid himself open, to the attacks of his enemies ; to whom he paid no court, but openly treated them with contempt. His language to them was severe and reproachful, and he never spared to tell the world, what he thought of them. This provoked them ; but they had the art to conceal their re- sentment, and carry on their designs, in silence, till they were ripe for execution. He had by far too mean an opinion of their abili- ties, and the interest which they had at court ; and when he knew that they had the ear of the lords of tj-ade, he affected to think them, 'not very mighty lords, nor able to administer life and death.' He had a consciousness of the general integrity of his own inten- tions ; and appears to have been influenced, by motives of honor and justice ; but he was not aware of the force of his own preju- dices. It may admit of doubt, whether, considering the extreme delicacy of his situation, it were within die compass of human policy, to have conducted so as to give offence to neither of his provinces, in the management of such a controversy ; but it is certain, that his antagonists could not fairly fix but one real stigma, on his character ; and that when impartially examined, can (1) MS. returns in the files. Bryent's Journal. (2) Douglass, i. 481.— Hutch, ii. 397. 1741 ] PROVINCE. BENNING WENTWORTH. 20 1 amount to no more than an imprudent step, at a critical time, grounded on an undue resentment of an aftiont ; for to suppose that his intention was to frustrate the commission, is inconsistent widi the whole tenor of his public declarations, and private cor- respondence. When his enemies met him on fair and open ground, he was always prepared to answer ; but it was impossible to guard against their secret attacks. If the cause which they meant to serve was a good one, why did they employ the basest means to effect it ? The cruelty and hardship of his case may appear from the fol- lowing considerations. He had been one of the principal mer- chants of New-England ; but, on his appointment, to the chair of government, quitted every other kind of business, that he might attend with punctuality, and dignity to the duties of his station. ^ By the royal instructions, he was restrained from giving his assent, to any grant of money, to himself ; unless it should be a perman- ent salary. What he received from New-Hampshire was fixed, and paid out of the excise ; but the assembly of Massachusetts could not be persuaded, to settle any salary upon him. They made him a grant of three thousand pounds, (worth about seven or eight hundred sterling) generally once in a year, at their ses- sion in IMay. He was then obliged to solicit leave from the king, to accept the grant, and sign the bill ; and sometimes could not obtain this leave till the end of the year ; once not till five days before the dissolufion of the assembly. In the mean time, he was obliged to subsist on his own estate ; and had he died within the year, the grant would have been wholly lost, to his family. He was earnest to obtain a general permission to sign these grants ; but in that case, the clerks of offices, in England, through whose hands the permission must have passed, would have lost their fees. He was now in the sixtieth year of his age ; he had a family of children and grand children, whose sole dependence was on him ; and he thought with reason, that if his course of faithful service, and the unworthy arts of his enemies had been duly considered ; the censure of his superiors would have been less severe, than ' to deprive him of his bread and honor.' Wliilst he entertained the worst opinion possible of the charac- ters of his enemies, he had a strong confidence, in the justice of the government, before which he was accused. In one of his letters to his son, he says, ' I must expect no favor while Bladen ' is at the board of trade ; but where the devil there, I should ex- ' pect justice, under the British constitution, corroborated by the * Hanover succession.' The event proved, that his confidence was not ill founded. For, on being superseded, he repaired to court ; where, though his presence was unwelcome to some, yet he had opportunity to bring the most convincing evidence of his (1) Belcher's letter to Doddington, MS. 2G2 HISTORY OF NEW-HAMPSHIRE. [1741. integrity, and of the base designs of his enemies. He was so far restored to the royal favor, that he obtained a promise, of the first vacant government in America, which would be worthy of his ac- ceptance. This proved to be the province of New-Jersey ; where he spent the remaining years of his life ; and where his memory has been treated with deserved respect.* CHAPTER XIX. The beginning of Benning Wentworth's administration. War opened in Nova Scotia. Expedition to Cape-Breton; its plan, conduct and success, with a description of the island, and of the city of Louisburg. Benning Wentworth, Esquire, son of the deceased lieuten- ant governor, was a merchant of good reputation in Portsmouth, and well beloved by the people. He had represented his native town in the assembly for several years, where he distinguished himself in the opposition to Belcher. He afterward obtained a seat in council ; where, sensible of the popularity of his family, and feeling the pride of elevation, he continued the opposition, and joined in the measures which were pursued for obtaining a distinct governor, without any apprehension that himself would be the person ; till a series of incidents, at first view unfortunate, prepared the way for his advancement to the chair. In the course of his mercantile dealings, he had entered into a contract with an agent of the court of Spain, and supplied him with a large quantity of the best oak timber ; to procure which, he borrowed money in London. When he delivered the timber at Cadiz, the agent with whom he had contracted, was out of place, and the new officer declined payment. In returning to America, the ship foundered, and he was saved with the crew in * [Jonathan Belcher died at Elizabeth-Town, 31 August. 1757. In a letter to Secretary Waldron, dated 7 January, 1740, he says, " This day en- . tered the fifty-ninth year of my age." He was therefore at the time of his death in his 7C)th year. His father Andrew Belcher was born at Cambridge, 1 January, 1G47, and removed to Boston about 1707. He was one of the council of safety on the deposition of Andros in Kif^O, and a member of the council of the province of Massachusetts, from May, 1702, to the time of his death, 31 October, 1717, at the age of 70. The grandfather of Governor Bel- cher was Andrew Belcher, who came from England as early as 1640, and set- tled at Cambridge. He married a sister of Deputy Gov. Thomas Danforth, of Cambridge, and died as early as 1G80. Two sons of Gov. Belcher were educated at Harvard college, viz. Andrew, who graduated in 1724, and died at Milton, Massachusetts," 24 January, 1771, aged Go, and Jonathan, who graduated in 1728, chief justice and governor of Nova Scotia, and died 20 March, 1776, aged 65, leaving an only son, Andrew, who resides in England, and one daughter, who lives in Cambridge, Massachuijetta.] 1741.] PROVINCE. BENNING WENTWORTH. 2G3 a boat. These misfortunes deranged his affairs and reduced him to a state of bankruptcy. Afterward, he went again to Spain, hoping by the interest of Sir Benjamin Keene, the British minis- ter, to obtain his due, but his suit was inefFectual. About that time, Thondinson, despairing of Dunbar's advancement to the govern- ment of New-Hampshire, turned his thoughts toward Wentworth ; and having procured him a letter of license from his creditors in London, invited him thither.^ Wentworth represented his case to the British court, complained of the injustice of Spain, and peti- tioned for redress. Many British merchants, who had suffered by the insolence of the Spaniards, were, at the same time, clam- orous for reparation. The ministry were studious to avoid a war. A negociation was begun, and the court of Spain promised resti- tution ; but failed in the performance.^ War was then determined on, and all negociation ended. Disappointed in his plea for jus- tice, Wentworth made his suit for favor ; and by the aid of Thom- linson, who understood the ways of access to the great, he obtained a promise from the Duke of Newcasde, that when New-Hamp- shire should be put under a distinct governor, he should have the commission. The expense of the solicitation and fees, amount- ing to three hundred pounds sterling, was advanced by his friends in England, and repaid by his friends in New-Hampshire.^ He was received in Portsmouth after a long absence, with great marks of popular respect. Among the compliments ._.. which were paid to him on that occasion, one was, that he had been instrumental of ' rescuing New-Hampshire ^^c. 12. from contempt and dependence.' In his first speech to the as- sembly, he reflected on the conduct of his predecessor, not by name, but by implication ; for not having taken early measures to raise men for the expedition against the Spanish West-Indies; and intimated his apprehension, that the good intention of the ^ .„ province in raising money for that purpose, would be frus- ' trated, since the men who were willing to enter into the service had enlisted in the other provinces.'* He also complimented them, on their good faith in regard to the several emissions of paper money ; all of which were to be called in within the present year. He did not forget to recommend a fixed salary for himself, not subject to depre- ciation ; nor the payment of expenses which had arisen on account of the boundary lines. He informed them of the king's indul- gence, in giving him leave to consent to a farther emission of bills of credit, to enable them to discharge their obligations to the crown ; provided that no injury should be done to the trade of the mother country. He also recommended to their attention the faithful services of their agents, one of whom, Rindge, was dead, and the payment of the debt due to his heirs. (1) Thomlinson's letter, MS. (2) Gentleman's Magazine, for 1739. — (3) MS. letteraofThomlinson and Atkinson. (4) Journal Assembly, Jan. 14 264 HISTORY OF NEW-HAMPSHIRE. [1742. The assembly, in their answer, acknowledged the wisdom and justice of the king in determining the long controversy between them and Massachusetts ; but as to payment of the expense, they reminded him that one half ought to be paid by Massachusetts, and desired him to use his influence for that purpose. With respect to the failure of raising men for the expedition, they set him right by ascribing it to the true cause ; there being no commissions sent to the province for that service. Concerning the salary, they said, that as soon as they could know what number of inhabitants would be added to them by the settlement of the lines, and how the money could be raised, they should make as ample provision for his honorable support as their circumstances would admit. They acknowledged the fidelity and industry of their agents, and professed a good will to reward them ; but could not then prom- ise adequate compensation. The assembly voted a salary of two hundred and fifty pounds, proclamation money, to the governor, funded as usual on the ex- cise ; and having obtained the royal hcense for emitting twenty- five thousand pounds on loan for ten years, they granted the gov- ernor two hundred and fifty pounds more, to be paid annually out of the interest of the loan.^ When this fiind failed, they made annual grants for his ' further and more ample support,' and gen- erally added something for house rent. They presented their agent, Thomlinson, one hundred pounds sterling, for his faithful services ; but what they did for the heirs of Rindge does not ap- pear. After Mr. Wentworth was quietly seated in the chair of govern- ment, an opportunity presented to advance his interest still farther. .,, For the sum of two thousand pounds sterling, Dunbar was prevailed on to resign the surveyorship of the woods, and Thomlinson negotiated an appointment in favor of Wentworth, with a salary of eight hundred pounds sterling, out of which he was to maintain four deputies. But to obtain this office, he was obliged to ' rest his claim on the crown of Spain for fifty-six thousand dollars.' These appointments of Mr. Wentworth gave the op-posers of the former administration great cause of triumph; but the spirit of opposition had only changed sides. It was hoped and expected by some, that Mr Belcher, by going to England, would not only re- move the ill impressions, which the malice of his enemies had made, but return to his former station. Others, who had no predilection for Belcher, looked with envy on the good fortune of Wentworth, and aimed to undermine him ; at the same time court- ing the friends of the former administration to join in their meas- ures. These things were managed with secrecy, and a few hints only are left as evidence of the existence of designs, which were never brought to maturity. (1) MS. Acta. 1744.1 PROVINCE. BENNING WENTWORTH. 0(55 It was one of the royal instructions to governors, that in any cases of difficnlty or sutUlen emergency, they should communi- cate with each other. Mr. Wentworth had a high opinion of the abilities of the new governor of Massachusetts, and there being a strict friendship between them, consulted him on all occasions. Shirley was gratified by this deference, and knew how to make his advantage of it. Thus, though New-Hampshire was under a governor distinct from that of Massachusetts, a point which had long been contended for ; yet the difference was not so great in reality as in appearance. This was a circumstance not much known at that time. The advice which Shirley gave him was, in general, salutary and judicious. ^ The war which had been kindled between Britain and Spain, extended its flames over a great part of Europe ; and when France became involved in it, the American colonies were more nearly interested, because of the proximity of the French, and of the Indians, who were in their interest. War is so natural to savages, that they need but little to excite them to it. An Indian war was a necessary appendage of a war with France. The scene of both was opened in Nova-Scotia. That province had been alternately claimed and possessed by the English and French for more than a century. Ever since the peace of Utrecht, it had been subject to the crown of Britain, and the French inhabitants who were under a kind of patriarchal government of their priests, and devoted to the French interest, were kept in awe, partly by the fear of having their dikes destroy- ed, which they had erected to prevent the sea from overflowing their fields ; and partly by a British garrison at Annapolis where a governor and council resided.'^ The Indian tribes maintained their native independence, though they were attached to the French by religious, as well as interested obligations. Canseau, an island on the northeastern part of Nova-Scotia, was in possession of the English. It was resorted to by the fishermen of New- England. It was defended by a block-house and garrisoned by a detachment of troops from Annapolis. The island of Cape- Breton was possessed by the French, and lay between the English of Canseau and those of Newfoundland. This was too near a neighborhood for enemies, especially when both were pursuing one object, the fishery. The French at Cape-Breton, having received early intelligence of the declaration of war, immediately resolved on the ^^^ j^ destruction of the English fishery at Canseau. Duques- nel, the governor, sent Duvivier widi a few small armed ^' ' vessels, and about nine hundred men, who seized and took pos- session of the island, burned the houses, and made prisoners of the garrison and inhabitants. This was done, before the news of (1) MS. lettera of Wentworth and Shirley. (2) MS. of Charles Morris. 36 2m HISTORY OF NEW-HAMPSHIRE. [1744. war had arrived in New-England. It was followed by an atteriipt upon Placentia, in Newfoundland, which miscarried. An attack was also made upon Annapolis, the garrison of which was rein- forced by several companies of militia and rangers from IMassa- chusetts, and the enemy were obliged to retire. The Indians of Nova-Scotia assisted the French in this attack ; which, with some other insolencies committed by them, occasioned a declar- *^ ■ ' ■ ation of war, by the government of Massachusetts, against them, with a premium for scalps and prisoners.^ These proceedings of the French were rash and precipitate. They were not prepared for extensive operations ; nor had they any orders from their court to undertake them. What they had done, served to irritate and alarm the neighboring English colo- nies, and shew them their danger in the most conspicuous manner. Their sea coast, navigation and fishery lay exposed to continual insults. ' Their frontier, settlements, on the western side, were but eighty miles distant from the French fort on Lake Champlain. The Indians who lay between them, had not yet taken up the hatchet ; but it was expected that encouragement would be given them by the governor of Canada, to insult the frontiers. Several new setdements were wholly broken up ; and many of the women and children of other frontier places retired to the old towns for security. In the autumn, Duquesnel the French governor of Cape-Breton, died, and was succeeded in the command by Duchambon, who had not so good a military character.^ Duvivier went to France to solicit a force to carry on the war in Nova-Seotia in the ensuing spring. The storeships, expected from France at Cape-Breton, came on the coast so late in the fall ; and the winter there set in so early and fierce, as to keep them out of port, and drive them off to the West-Indies. The captive garrison of Canseau, with other prisoners, who had been taken at sea, and carried into Louisburg, were sent to Boston. From them, as well as from other informants, Governor Shirley obtained such intelligence of the state of that island and fortress, as induced him to form the project of attacking it. But before we open this romantic and hazardous scene, it is necessary to give some account of the place which was to be the theatre of operations. The island of Cape-Breton, so denominated from one of its capes, lies between the forty-fifth and forty-seventh degrees of north latitude ; at the distance of fifteen leagues from Cape Ray, the southwestern extremity of Newfoundland.*^ It is separated from the main land of Nova-Scotia by a narrow strait, six leagues in length, the navigation of which is safe for a ship of forty guns. The greatest length of the island, from north-east to south-west is about fifty leagues and its greatest breadth thirty-three. It is (1) Douglass, i. 318. (2) Prince and Douglas. (3) Charlovoix. i 1744.] PROVINCE. BENNING WENTWORTH. 267 about eighty-eight leagues in circuit as seameji estimate distances. Its general form is triangular, but it is indented by many deep bays.' The soil of this island is by no means inviting. It is either rocky and mountainous, or else cold and boggy ; and much less capable of improvement than Nova-Scotia. Its only valuable productions are of the fossil kind, pit-coal and plaster. Its at- mosphere in the spring and summer is an almost continual fog, which prevents the rays of the sun from perfecting vegetation. Its winter is severe and of long continuance ; and as the island forms an eddy to the current which sets through the gulf of St. Lawrence, its harbors are filled with large quantities of floating ice, with which its shores are invironed till late in the spring.- Much has been said by French and English writers on the great importance and advantage of this island, and some political and temporary purposes were doubtless to be answered by such publications ; but in fact the only real importance of Cape-Breton was derived from its central situation, and the convenience of its ports. On the north and west sides, it is steep and inaccessible ; but the southeastern side is full of fine bays and harbors, capable of receiving and securing ships of any burden ; and, being situated between Canada, France and the West-Indies, it was extremely favorable to the French commerce. It was not so good a station for the fishery as several parts of Nova-Scotia and Newfoundland. The greater part of the French fishery was prosecuted elsewhere ; and they could buy fish at Canseau, cheaper than they conld cure it at Cape-Breton. ^ Whilst the French held possession of the coasts of Nova-Scotia and Newfoundland, this island was neglected ; but after they had ceded these places to the crown of England, and the crown of England had ceded this island to them by the treaty of Utrecht, (1713) they began to see its value. Instead of giving so much attention to the fur trade of Canada, as they had before done, they contemplated building a fortified town on this island, as a security to their navigation and fishery. For this purpose, they chose a fine harbor on the south-east side of the island, formerly called English Harbor ; where they erected their fortifications, and called the place Louisburg.'* The ha'rbor of Louisburg lies in latitude 45° 55'. Its entrance is about four hundred yards wide. The anchorage is uniformly safe, and ships may run ashore on a soft muddy bottom. The depth of water at the entrance is from nine to twelve fathoms. The harbor lies open to the south-east. Upon a neck of land on the south side of the harbor was built the town, two miles and a quarter in circumference ; fortified in every accessible part with (1) MS. of Sir William Pepperell. (2) State of Trade by Otis Little, p. 16, 80. (3) Hutchinson. (4) Charlevoix, Douglass, Rolt, Prince. 268 HISTORY OF NEW-HAMPSHIRE. [1744. a rampart of stone, from thirty to thirty-six feet high, and a ditch eighty feet wide. A space of about two hundred yards was left without a lampart, on the side next to the sea ; it was enclosed by a simple dike and a line of pickets.^ The sea was so shallow in this place that it made only a narrow channel, inaccessible from its numerous reefs to any shipping whatever. The side fire from the bastions secured this spot from an attack. There were six bastions and three batteries, containing embrasures for one hun- dred and forty-eight cannon, of which sixty-five only were mount- ed, and sixteen mortars. On an island, at the entrance of the harbor, was planted a battery of thirty cannon, carrying twenty- eight pounds shot ; and at the bottom of the harbor, directly op- posite to the entrance, was the grand or royal battery of twenty- eight cannon, forty-two pounders, and two eighteen pounders. On a high cliff, opposite to the island battery, stood a light-house ; and within this point, at the norlh-east part of the harbor, was a careening wharf, secure from all winds, and a magazine of naval stores. The town was regularly laid out in squares. The streets were broad ; the houses mostl}'^ of wood, but some of stone. On the west side, near the rampart, was a spacious citadel, and a large parade ; on one side of which were the governor's apartments. Under the rampart were casements to receive the women and children during a siege. The entrance of the town on the land side was at the west gate, over a draw bridge, near to which was a circular battery, mounting sixteen guns of twenty-four pounds shot. These works had been twenty-five years in building ; and though not finished, had cost the crown not less than thirty mill- ions of livres. The place was so strong as to be called ' the Dunkirk of America.' It was, in peace, a safe retreat for the ships of France bound homeward from the East and West-Indies ; and in war, a source of distress to the northern English colonies ; its situation being extremely favorable for privateers to ruin their, fishery and interrupt their coasting and foreign trade ; for wh'fch reasons, the reduction of it was an object as desirable to them, as that of Carthage was to the Romans. In the autumn, Shirley wrote to the British ministry, represent- ing the danger of an attack on Nova-Scotia, from the French, in the ensuing spring ; and praying for some naval assistance." These letters he sent by Captain Ryal, an officer of the garrison, which had been taken at Canseau, who, ' from his particular knowledge ' of Louisburg, and of the great consequence of the acquisition ' of Cape-Breton, and the preservation of Nova-Scotia, he hop- ' ed would be of considerable service to the northern colonies, ' with the lords of the admiralty.' Thus early did Shirley con- (1) Abbe Raynal. (2) Nov. 10— Shirley's letters to Wentworth, MS. 1744.] PROVINCE. BENNING WENTWORTH. 2G9 ceive and communicate to Wenlvvorth his great design ; and the most prudent step which he took in this whole affair was to solicit help from England. His petition, supported by that worthy offi- cer, was so favorably received by the ministry, that as early as the beginning of January, orders were despatched to Commodore Warren, then in the West-Indies, to proceed to the northward in the spring, and employ such a force as might be sufficient to pro- tect the northern colonies in their trade and fishery, and distress the enemy ; and for this purpose to consult with Governor Shir- ley.^ Orders of the same date were written to Shirley, inclosed to Warren, directing him to assist the king's ships with transports, men and provisions. These orders, though extremely favorable to the design, were totally unknown in New-England, till the mid- dle of April following, before which time the expedition was com- pletely formed. It has been said, that a plan of this famous enterprise, was first suggested by William Vaughan, a son of Lieutenant Governor Vaughan of New-Hampshire.- Sev^eral other persons have claimed tbe hke merit. How far each one's information or ad- vice, contributed toward forming the design, cannot now be deter- mined. Vaughan was largely concerned in the fishery on the eastern coast of Massachusetts. He was a man of good under- standing, but of a daring, enterprising and tenacious mind, and one who thought of no obstacles to the accomplishment of his views. An instance of his temerity is still remembered. He had equipped, at Portsmouth, a number of boats to carry on his fishery at Montinicus. On the day appointed for sailing, in the month of March, though the wind was so boisterous that experienced mariners deemed it impossible for such vessels to carry sail, he went on board one, and ordered the others to follow. One was lost at the mouth of the river, the rest arrived with much difficul- ty, but in a short time, at the place of their destination. Vaughan had not been at Louisburg ; but had learned from fishermen and others, something of the strength and situation of the place ; and nothing being in his view impracticable, which he had a mind to accomplish, he conceived a design to take the city by surprise ; and even proposed going over the walls in the winter on the drifts of snow. This idea of a surprisal forcibly struck the mind of Shirley, and prevailed with him to hasten his preparations, before he could have any answer or orders from England. In the beginning of January, he requested of the members of the general court, that they would lay themselves under i^^r an oath of secresy, to receive a proposal from him, of very great importance. This was the first request of the kind which had ever been made to a legislative body in the colonies. They (1) MS. copy of the Duke of Newcastle's letter, Jon. 3. (2) Douglass, Bol- lan, Hutchinson. 270 HISTORY OF NEW-HAMPSHIRE. [1745. readily took the oath, and he communicated to them the plan which he had formed of attacking Louisburg. The secret was kept for some days ; till an honest member, who performed the family devotion at his lodgings, inadvertently discovered it by praying for a blessing on the attempt. At the first deliberation, the proj)osal was rejected ; but by the address of the governor and the invincible perseverance of Vaiighan, a petition from the merchants concerned in the fishery, was brought into court, which revived the affair ; and it was finally carried in the affirmative by a majority of one voice, in the absence of several members who were known to be against it. Circular letters were immediately despatched to all the colonies, as far as Pennsylvania, requesting their assistance, and an embargo on their ports. With one of these letters, Vaughan rode express to Ports- mouth, where the assembly was sitting. Governor Went- worth immediately laid the matter before them, and proposed a conference of the two houses to be held on the next day. The house of representatives having caught the enthusiasm of Vaughan, were impatient of delay, and desired that it might be held imme- diately. It was accordingly held, and the committee reported in ^ favor of the expedition ; estimated the expense at four thousand pounds, and desired the governor to issue a proclamation for enlisting two hundred and fifty men, at twenty- five shillings per month, one month's pay to be advanced. They also recommended that military stores and transports should be provided, and that such preparations should be made as that the whole might be ready by the beginning of March.* All this was instantly agreed to, on condition that proper methods could be found to pay the charges. This could be done in no odier way than by a new emission of bills of credit, contrary to the letter of royal instructions. But, by the help of Shirley, a way was found to surmount this difiiculty ; for on the same day, he wrote to WentVv'orth, informing him that he had, in answer to repeated so- licitations, obtained a relaxation of his instructions relative to bills of credit, so far, as to have leave to consent to such emissions as the exigencies of war might require ; and advising him, that con- sidering the occasion, it was probable, his consenting to an emission would rather be approved than censured by his superiors.^ The ^ next day, he wrote again, assuring him that he might safely do it, provided that the sum to be emitted, were solely appropriated to the service of the expedition. He also sent him a copy of the instruction, enjoining him to let no person know that he had sent it. Shirley himself had consented to an emission of fifty thousand pounds, to be drawn in by a tax in the years 1747 and 1748. The house of representatives passed a vote for an emission of (1) Printed Journal of this seseion. (2) Private MS. letters of Shirley. 1745.] PROVINCE. BENNING WENT WORTH. 271 ten thousand pounds toward defraying the charge of the expedition and farther carrying on the war, and the support of government ; to be drawn in by taxes in ten annual payments, to begin in 1755. The council objected and said, that the grant should be wholly appropriated to the expedition and the payments should begin in 1751. The house adhered to their vote. The governor inter- posed, and an altercation took place, which continued several days. The governor adjourned the assembly till he could again ask Shirley's advice and receive his answer. At length, the house altered their vote, and appointed the year 1751 for drawing in the money ; augmenting the sum to thirteen thousand pounds, and at the governor's express desire, they publicly assured him, that they * could not find out any other way to carry on the expedition, or ' in any degree shorten the period for bringing in the money.' This was done to serve as an apology for the governor's consent- ing to the bill, notwitstanding he had no liberty to recede p , ,o from his instructions ; and thus, the matter being compro- mised, he gave his consent. During this tedious interval, a report was spread, that the house had refused to raise men and money for the expedition ; and the author of the report was sought out and called to account by the house for his misbehaviour. The next day, they altered their terms of enlistment, conformably to those offered in Massachusetts, and by the 17th of February, two hundred and fifty men were enlisted for the service. The person appointed to command the expedition was William Pepperrell, Esq., of Kittery, colonel of a regiment of militia ; a merchant of unblemished reputation and engaging manners, ex- tensively known both in Massachusetts and New-Hampshire, and very popular. These qualities were absolutely necessary in the commander of an army of volunteers, his own countrymen, who were to quit their domestic connexions and employm.ents, and en- gage in a hazardous enterprise, which none of them, from the high- est to the lowest, knew how to conduct. Professional skill and experience were entirely out of the question ; had these qualities been necessary, the expedition must have been laid aside ; for there was no person in New-England, in these respects qualified fof the command. Fidelity, resolution and popularity must sup- ply the place of military talents ; and Pepperrell was possessed of these. It was necessary that the men should know and love their general, or they would not enlist under him.* * The following private note was sent from Boston to Pepperrell, whilst at Louisburg, and found among his papers. ' You was made general, being a popular man, most likely to raise soldiers ' soonest. The e.xpedition was calculated to cstahlish Sh , and make his * creature W. governor of Cape-Breton, which is to be a place of refuge to ' him from his creditors. Beware of snakes in the grass, and mark their * hissing.' 272 HISTORY OF NEW-HAMPSHIRE. [1745. After this appointment was made, and while it was uncertain whether the assembly of Massachusetts would agree with the gov- ernor in raising money for the expedition, Shirley proposed to VVentworth, the raising of men in New-Hampshire, to be in the pay of Massachusetts, and in the letter which he wrote on that occasion paid him the following compliment. ' It would have * been an infinite satisfaction to me, and done great honor to the * expedition, if your limbs would have permitted you to take the ' chief command.' Wentworth was charmed with the idea, and forgetting his gout, made an offer of his personal service ; but not till after the assembly had agreed to his terms and the money bill was passed. Shirley was then obliged to answer him thus : — * Upon communicating your offer to two or three gentlemen, in ' whose prudence and judgment 1 most confide, I found them ' clearly of opinion, that any alteration of the present command ' would be attended with great risk, bodi with respect to the as- ' sembly and the soldiers being entirely disgusted.'^ Before Pepperrell accepted the command, he asked the opinion of the famous George Whitefield, who was then itinerating and preaching in New-England. Whitefield told him, that he did not think the scheme very promising ; that the eyes of all would be on him ; that if it should not succeed, the widows and orphans of the slain would reproach him ; and if it should succeed, many would regard him with envy, and endeavor to eclipse his glory; that he ought therefore to go with ' a single eye,' and then he would find his strength proportioned to his necessity.^ Henry Sherburne, the commissary of New-Hampshire, another of White- field's friends, pressed him to favor the expedition and give a motto for the (iag ; to which, after some hestitation, he consented. The motto was, ' JVil desperandtim Chrisio duce.^ This gave the expedition the air of a crusade, and many of his followers en- listed. One of them, a chaplain, carried on his shoulder a hatchet, with which he intended to destroy the images in the French churches. There are certain latent sparks in human nature, which, by a collision of causes, are sometimes brought to light; and when once excited, their operations are not easily coniroled. In un- dertaking any thing hazardous, there is a necessity for extraordin- ary vigor of mind, and a degree of confidence and fortitude, which shall raise us above the dread of danger, and dispose us to run a risk which the cold maxims of prudence would forbid. The people of New-England have at various times shewn such an en- thusiastic ardor, which has been excited by the example of their ancestors and their own exposed situation. It was never more apparent, and perhaps never more necessary, than on occasion of this expedition. Nor ought it to be forgotten, that several cir- (1) Shirley's private letters, MS. (2) Whitefield 's letters, No. 572. 1745.] TROVINCE. BENNING WENTWORTH. 073 cuinstances, which did not depend on human foresight, greatly favored this undertaking. The winters in this country are often severe, but the winter in which this expedition was planned, and particularly the month of February, was very mild. The harbors and rivers were open, and the weather was in general so pleasant, that every kind of la- bor could be done abroad. The fruitfulness of the preceding season had made provisions plenty. The Indians had not yet molested the frontiers ; and though some of them had heard that an expedition against Cape Breton was in hand, and carried the news of it to Canada, such an attempt was so improbable, that the French gave no credit to the report, and those in Nova-Scotia •did not receive the least intelligence of the preparations. Douglass observes, that ' some guardian angel preserved the troops from * taking the small pox,' which appeared in Boston about the time of their embarkation, and was actually imported in one of the ships which was taken into the service. A concurrence of happy incidents brought together every British ship of war from the ports of the American continent and islands, till they made a formidable naval force, consisting of four ships of the line and six frigates, under the command of an active, judicious and experienced officer. On the other hand, the garrison of Louisburg was discontented and mutinous ; they were in want of provisions and stores ; they had no knowledge of the design formed against them ; their shores were so environed with ice, that no supplies could arrive early from France, and those which came afterward, were intercepted and taken by our cruisers. In short, ' if any one circumstance ' had taken a wrong turn on our side, and if any one circumstance ' had not taken a wrong turn on the French side, the expedition ' must have miscarried.'^ In the undertaking and prosecuting of an enterprise so novel to the people of New-England, it is amusing to see how many projects were invented ; what a variety of advice was given from all quarters, and what romantic expectations were formed by advisers and adventurers. During the enlistment, one of the officers was heard to say with great sobriety, that he intended to carry with him three shirts, one of which should be ruffled, be- cause he expected that the general would give him the command of the city, when it should be taken. An ingenious and benevo- lent clergyman, presented to the general a plan for the encamp- ment of the army, tlie opening of trenches and the placing of batteries before the city.^ To prevent danger to the troops from subterraneous mines, he proposed, that two confidential persons, attended by a guard, should, during the night, approach the walls ; that one should with a beetle strike die ground, while the other should lay his ear to it, and observe whether the sound was hollow, (1) Douglass, i. 33G. (2) Private iMS. letters. 37 274 HISTORY OF NEW-HAMPSHIRE. [1746. and that a mark should be set on all places suspected. Another gentleman of equal ingenuity, sent the general a model of a flying bridge, to be used in scaling the walls of Louisburg. It was so light, that twenty men could carry it on their shoulders to the wall, and raise it in a minute. The apparatus for raising it consisted of four blocks, and two hundred fathoms of rope. It was to be floored with boards, wide enough for eight men to march abreast ; and to prevent danger from the enemy's fire, it might be covered with raw hides. This bridge, it was said, might be erected against any part of the wall, even where no breach had been made ; and it was supposed that a thousand men might pass over it in four minutes. But the most extraordinary project of all, was Shirley's scheme for taking the city by surprise, in the first night after the arrival of the troops, and before any British naval force could possibly come to their assistance. It is thus delineated in a confidential letter which he wrote to VVentworth, when he urged him to send the New-Hampshire troops to Boston, to proceed thence with the fleet of transports. ' The success of our scheme for sur- ' prising Louisburg will entirely depend on the execution ^^' ' ' of the first night, after the arrival of our forces. For ' this purpose, it is necessary, that the whole fleet should make ' Chappeau-rouge point just at the shutting in of the day, when ' they cannot easily be discovered, and from thence push into the ' bay, so as to have all the men landed before midnight ; (the ' landing of whom, it is computed by captain Durell and Mr. Bas- ' tide, will take up three hours at least.) After which, the form- ' ing of the four several corps, to be employed in attempting to ' scale the walls of Louisburg, near the east gate, fronting the ' sea, and the west gate, fronting the harbor ; to cover the retreat * of the two beforementioned parties in case of a repulse ; and, ' to attack the grand battery ; (which attack must be made at the ' same time with the two other attacks) will take up two hours ' more at least. After these four bodies are formed, their march ' to their respective posts from whence they are to make their at- ' tacks and serve as a cover to the retreat, will take up another ' two hours ; which, supposing the transports to arrive in Chap- ' peau-rouge bay at nine o'clock in the evening, and not before, ' as it will be necessary for them to do, in order to land and march ' under cover of the night, will bring them to four in the morning, ' being day break, before they begin the attack, which will be full ' late for them to begin. Your excellency will from hence per- ' ceive how critical an aflair, the time of the fleet's arrival in ' Chappeau-rouge bay is, and how necessary it is to the success ' of our principal scheme, that the fleet should arrive there, in a ' body, at that precise hour.' It is easy to perceive that this plan was contrived by a person 1745.] PROVINCE. BENNING WENTWORTH. 275 totally unskilled in the arts of navigation and of war. The coast of Cape-Breton was dangerous and inhospitable ; the season of the year rough and tempestuous, and the air a continual fog ; yet, a fleet of an hundred vessels, after sailing nearly two hundred leagues (for by this plan they were not to stop) must make a cer- tain point of land ' at a precise hour,' and enter an unknown bay, in an evening. The troops were to land in the dark, amidst a vi- olent surf, on a rocky shore ; to march through a thicket and bog three miles, to the city, and some of them a mile beyond it to the royal battery. Men who had never been in action, were to per- form services, which the most experienced veteran would think of with dread ; to pull down pickets with grapling irons, and scale the walls of a regular fortification, with ladders, which were after- ward found to be too short by ten feet ; all in the space of twelve hours from their first making the land, and nine hours from their debarkation. This part of the plan was prudently concealed from the troops. The forces which New-Hampshire furnished for this expedi- tion, were three hundred and fifty men, including the crew of an armed sloop which conveyed the transports and served as a cruiser. They were formed into a regiment, consisting of eight companies, and were under the command of colonel Samuel Moore. The sloop was commanded by captain John Fernald ; her crew con- sisted of thirty men. The regiment, sloop and transports, were, by governor Wentworth's written instructions to the general, put under his command. Besides these, a body of one hundred and fifty men was enhsted in New-Hampshire and aggregated to the regiment in the pay of Massachusetts. Thus New-Hampshire employed five hundred men ; about one eighth part of the whole land force.* In these men, there was such an ardor for action, and such a dread of delay, that it was impracticable to put them so far out of their course, as to join the fleet at Boston.^ Shir- ley therefore altered the plan,, and appointed a rendezvous at Canseau ; where the forces of New^-Hampshire arrived, two days before the general and his other troops from Boston. The instructions which Pepperrell received from Shirley, were conformed to the plan which he had communicated to Wentworth, but much more particular and circumstantial. He was ordered to proceed to Canseau, there to build a block-house and battery, (1) Wentworth's letters/JVIS. •^ In tlio introductory part of Dr. Ramsay's elegant history of the American Revolution, (page 34) it is said, that ' this enterprise was undertaken by the * sole authority of the legislature of Massachusetts.' Tliis is not sufficiently accurate. It originated in Massachusetts ; but the colonies of New-Hamp- shire, Rhode-Island and Connecticut, by their legislative authority, furnished troops and stores. New- York sent a su])ply of artillery, and Pennsylvania of provisions ; but the troops from Rhode-Island, and the provisions from Penn- sylvania, did not arrive till after the surrender of the city. 27G HISTORY OF NEW-HAMPSHIRE. [1746. and letive two companies in garrison, and to deposite the stores which might not immediately be wanted by the army. Thence he was to send a detachment to the village of St. Peters, on the island of Cape-Breton and destroy it; to preueni any intelligence which might be carried to Louisburg ; for which purpose also, the armed vessels were to cruise before the harbor. ^ The whole fleet was to sail from Canseau, so as to arrive in Chappeau-rouge bay about nine o'clock in the evening. The troops were to land in four divisions, and proceed to the assault before morning. If the plan for the surprisal should fail, he had particular directions where and how to land, march, encamp, attack and defend ; to hold councils and keep records ; and to send intelligence to Bos- ton by certain vessels retained for the purpose, which vessels were to stop at Castle William, and there receive the governor's orders. Several other vessels were appointed to cruise between Canseau and the camp, to convey orders, transport stores, and catch fish for the army. To close these instructions, after the most minute detail of duty, the general was finally ' left to act upon unforeseen ' emergencies according to his discretion ;' which, in the opinion of military gentlemen, is accounted the most rational part of the whole. Such was the plan, for the reduction of a regularly con- structed fortress, drawn by a lawyer, to be executed by a mer- chant, at the head of a body of husbandmen and mechanics ; animated indeed by ardent patriotism, but destitute of profession- al skill and experience. After they had embarked, the hearts of many began to fail. Some repented that they had voted for the expedition, or promoted it; and the most thoughtful were in the greatest perplexity.- The troops were detained at Canseau, three weeks, waiting for the ice which environed the island of Cai)e-Breton,to be dissolved. They were all this time within view of St. Peters, but were not discovered.3 Their provisions became short ; but they were sup- plied by prizes taken by the cruisers. Among others, the New- Hampshire sloop took a ship from Martinico, and retook one of the transports, which she had taken the day before. At length, to their great joy, commodore Warren, in the Superbc, of ^'^"" ■ sixty guns, with three other ships of forty guns each, ar- rived at Canseau, and having held a consultation, with the general, proceeded to cruise before Louisburg. The general having sent the New-Hampshire sloop, to cover a detatchment which destroy- ed the village of St. Peters, and scattered the inhabitants, P^' " ■ sailed with the whole fleet ; but instead of making Chap- peau-rouge point in the evening, the wind falling short, they made it at the dawn of the next morning ; and their appearance in the bay, gave the first notice to the French, of a design formed a- gainst them. 3 (1) Oriirinal instructions, in MS. (2) Prince's thanksgiving sermon, p. 25. (3) PepperrcH's letters to Shirley. 1745.] PROVINCE. BENNING WENTWORTH. 077 The intended surprisal being thus hapj)ily frustrated, the next thing after landing the troops, was to invest the city. — Vaughan, the adventurer from New-Hampshire, had the rank and pay of a heutenant-colonel, but refused to have a regular com- mand. He was apj)ointed one of the council of war, and was ready for any service which the general might think suited to his genius. He conducted the first column through the woods, with- in sight of the city, and saluted it with three cheers. He headed a detatchment, consisting chiefly of the New-Hampshire troops, and marched to the northeast part of the harbor, in the night ; where they burned tiie ware-houses, containing the naval stores, and staved a large quantity of wine and brandy. ^^ The smoke of this fire being driven by the wind into the grand battery, so terrified the French, that they abandoned it and retired to the city, after having spiked the guns and cut the halliards of the flag-stafF. The next morning as Vaughan was return- ing, with thirteen men only, he crept up the hill which ^ ^^ overlooked the battery, and observed, that the chimneys of the barrack were without smoke, and the staff without a flag. With a bottle of brandy, which he had in his pocket, (though he never drank spirituous liquors) he hired one of his party, a Cape Cod Indian, to crawl in at an embrasure and open the gate. He then wrote to the general, these words, ' May it please your honor, to ' be informed, that by the grace of God, and the courage of thir- ' teen men, I entered the royal battery, about nine o'clock, and ' am waiting for a reinforcement, and a flag.'' Before either could arrive, one of the men climbed up the staff, with a red coat in his teeth, which he fastened by a nail to the top. This piece of triumphant vanity alarmed the city, and immediately an hun- dred men were despatched in boats to retake the battery. But Vaughan, with his small party, on the naked beach, and in the face of a smart fire from the city and the boats, kept them from landing, till the reinforcement arrived. In every duty of fatigue or sanguine adventure, he was always ready ; and the New- Hampshire troops, animated by the same enthusiastic ardor, par- took of all the labors and dangers of the siege. They were em- ployed for fourteen nights successively, in drawing cannon horn the landing place to the camp, through a morass ; and their lieu- tenant-colonel Meserve, being a ship carpenter, constructed sledg- es, on which the cannon were drawn, when it was found that their wheels were buried in the mire. The men, with straps over their shoulders, and sinking to their knees in mud, performed labor be- yond the power of oxen ; which labor could be done only in the night or in a foggy day; the place being within plain view and random shot of the enemy's walls. They were much disappointed and chagrined, when they found that these meritorious services were (1) Original MS. 278 HISTORY OF NEW-HAMPSHIRE. [1745. not more distinctly acknowledged in the accounts which were sent to England, and afterwards published.^ In the unfortunate attempt on the island battery by four hun- dred volunteers from different regiments, the New-Hampshire „ troops were very active. When it was determined to erect ■ a battery on the light-house cliff" ; two companies of them (Mason's and Fernald's) were employed in that laborious service, under cover of their armed sloop ; and when a proposal was made for a general assault by sea and land, colonel Moore, who had been an experienced sea commander, offered to go on board the Vigilant, with his whole regiment, and lead the attack, if in case of success he might be confumed in the command of the ship ; but when this was denied, most of the men who were fit for duty, readily went on board the Princess Mary, to act as marines on that occasion. It has been said, that ' this siege was carried on in a tumultua- ' ry, random'manner, resembling a Cambridge commencement.' - The remark is in a great measure true. Though the business of the council of war was conducted with all the formality of a legis- lative assembly ; though orders were issued by the general, and returns made by die officers at the several posts ; yet the want of discipline was too visible in the camp.* Those who were on the spot, have frequently in my hearing, laughed at the recital of their own irregularities, and expressed their admiration when they reflected on the almost miraculous preservation of the army from destruction. They indeed presented a formidable front to the enemy ; but the rear was a scene of confusion and frolic. While some were on duty at the trenches, others were racing, wresding, pitching quoits, firing at marks or at birds, or running after shot from the enemy's guns, for which they received a bounty, and the shot were sent back to the city. The ground was so uneven and the people so scattered, that the French could form no estimate of their numbers; nor could they learn it from the prisoners, taken at the island battery, who on their examina- tion, as if by previous agreement, represented the number to be vastly greater than it was. The garrison of Louisburg had been so mutinous before the siege, Uiat the ofiicers could not trust the men to make a sortie, lest they should desert ; had they been united and acted with vigor, the camp might have been surprised and many of the people destroyed. Much has been ascribed, and much is justly due to the activity and vigilance of Commodore Warren, and the ships under his (1) Wentworth's letters, MS. (2) Doughiss, i. 352. * [There is in the library of the New-Hampshire Historical Society, a man- uscript volume of about 2(30 paires, in folio, which contains a record of the *• General Courts Martial and Courts of Inquiry, held in the city of Louis- burg, in the island of Cape-Breton, in the years 174(J, 1747 and 1748." It ap- pe&rs to bo the original.] 1745.] TROVINCE. BENNING WENTWORTII. 279 command ; much is also due to the vigor and perseverance of the land forces, and the success was doubtless owing, under God, to the joint efforts of both. Something of policy, as well as brav- ery, is generally necessary in such undertakings ; and there was one piece of management, which, though not mentioned by any historian, yet greatly contributed to the surrender of the city. The capture of the Vigilant, a French sixty-four gun ship, commanded by the Marquis de la Maison forte, and richly ,. laden with military stores for the relief of the garrison, was one of the most capital exploits performed by the navy. This ship had been anxiously expected by the French ; and it was thought that the news of her capture, if properly commu- nicated to them, might produce a good effect ; but how to do it was the question. At length, the commodore hit on this . expedient, which he proposed to the general, who ap- proved, and put it into execution. ^ In a skirmish on the island, with a party of French and Indians, some English prisoners had been taken by them and used with cruelty. This circumstance was made known to the marquis, and he was requested to go on board of all the ships in the bay where French prisoners were confined, and observe the condition in which they were kept. He did so, and was well satisfied with their fare and accommoda- tions. He was then desired to write to the governor of the city, and inform him how well the French prisoners wei'e treated, and to request the like favor for the English prisoners. The humane marquis readily consented, and the letter was sent the next day by a flag, intrusted to the care of Captain Mac- donald. He was carried before the governor and his chief offi- cers; and by pretending not to understand their language, he had the advantage of listening to their discourse ; by which he found, that they had not before heard of the capture of die Vigilant, and that the news of it, under the hand of her late commander, threw them into visible perturbation. This event, with the erec- tion of a battery on the high cliff at the light house, under the di- rection of lieutenant colonel Gridley, by which the island battery was much annoyed, and the preparations which were evidently making for a general assault, determined Du- ""^ ' " chambon to surrender ; and accordingly, in a few days he ca- pitulated. Upon entering the fortress and viewing its strength, and the plenty and variety of its means of defence, the stoutest hearts were appalled, and the impracticability of carrying it by assault, was fully demonstrated. No sooner was the city taken, and the army under shelter, than the weather, which during the siege, excepting eight or nine days after the first landing, had been remarkably dry for that cli- (1) MS. letters of Warren and Pepperrell. 280 HISTORY OF NEW-HAMPSHIRE. [1745. mate, changed for the worse ; and, an incessant rain of ten days succeeded. 1 Had this happened before the surrender, the troops who had tlien begun to be sickly, and had none but very thin tents, must have perished in great numbers. Reinforcements of men, stores and provisions arrived,* and it was determined in a council of war to maintain the place and repair the breaches. A total demolition might have been more advantageous to the nation ; but in that case, individuals would not have enjoyed the profit of drawing bills on the navy and ordnance establishments. The French flag was kept flying on the ramparts ; and several rich prizes were decoyed into the harbor. The army supposed that they had a right to a share of these prizes ; but means were found to suppress or evade their claim ; nor did any of the colony cruis- ers, (except one) tliough they were retained in the service, under the direction of the commodore, reap any benefit from the cap- tures. The news of this important victory filled America with joy, and Europe with astonishment. The enterprising spirit of New-Eng- land gave a serious alarm to those jealous fears, which had long predicted the independence of the colonies. Great pains were taken in England to ascribe all the glory to the navy, and lessen the merit of the army. However, Pepperrell received the tide of a baronet, as well as Warren. The latter was promoted to be an admiral ; the former had a commission as colonel in the BriUsh establishment, and was empowered to raise a regiment in America, to be in the pay of the crown. The same emolument was given to Shirley, and both he and VVentworth acquired so much repu- tation as to be confirmed in their places. Vaughan went to Eng- land to seek a reward for his services, and there died of the small pox.f Solicitations were set on foot for a parliamentary reim- bursement, which, after much difliculty and delay, was obtained ; and the colonies who had expended their substance were in credit (1) Pepperrell's letters, MS. * Of the reinforcements, New-Hampshire sent 115 men. The loss which the New-Hanipsliire troops suffered was but eleven, of whom five were kill- ed and six died of sickness. This was before tlie surrender. More died af- terwards in garrison. Shirley's letter to Wentworth, from Louisburg, Sep- tember 2. t [He died in London '• about the middle of December 174G." (Inter- leaved iilmanack of Eleazar Russell, Esq.) He was born at Portsmouth, 12 September, 1703, and graduated at Harvard college in 1722. For several years, he was a merchant in his native town ; but, possessing an enterprising disposition, accompanied by a few hardy adventurers from the neighboring towns, ho left Portsmouth, emigrated to the eastern country, and formed a settlement at a place called Damariscotta, about 13 miles below fort Pema- fluid. He died a disappointed man ; for while the successful commander of tne expedition was soon after knighted and otherwise distinguished, the in- trepid Vaughan remained more than a year in England, in the vain expecta- tion of receiving some compensation from the sovereign whom he had so sig- nally served. See the Collections of Farmer and Moore, ii. KJl — 165. iii. 35, 36.] 1745.] PROVINCE. BENNING WENTWORTH. 281 at the British treasury.*! Tiie justice and jjolicy of this measure must appear to every one, who considers, that excepting the sup- pression of a rebellion within the bowels of the kingdom, this conquest was the only action which could be called a victory, on the part of the'British nation, during the whole French war, and afforded them the means of purchasing a peace. CHAPTER XX. Projected Expedition to Canada. Alarm by the French fleet. Slate of the Frontiers. Peace. Whilst the expedition to Cape-Breton was in hand, the active mind of Governor Shirley contemplated nothing less than the con- quest of all the French dominions in America ; and he consulted with Governor Wentworth and Mr. Atkinson on the practicability of such a design. After Louisburg was taken, he made a visit thither, and held a consultation with Sir Peter Warren and Sir William Pepperell ; and from that place wrote pressingly to the British ministry on the subject.^ His solicitations, enforced by the brilliant success at Louisburg, and the apparent danger in which Nova-Scotia and the new conquest were involved, had such an effect, that in the spring of the following year, a circular ^^^^ letter was sent from the Duke of Newcastle, secretary of ^pj.jj q state, to all the governors of the American colonies, as far southward as Virginia ; requiring them to raise as many men as they could spare, and form them into companies of one hundred j to be ready to unite and act according to the orders which they should afterwards receive.^ The plan w^as, that a squadron of ships of war, and a body of land forces, should be sent from Eng- land against Canada ; that the troops raised in New-England should join the British fleet and army at Louisburg, and proceed up the river St. Lawrence ; that those of New-York and the other provinces at the southward, should be collected at Albany, and march against Crown-Point and Montreal. The manage- ment of this expedition was committed to Sir John St. Clair, in conjuction with Sir Peter Warren and governor Shirley. St. Clair did not come to America. Warren and Shirley gave the orders, while Warren was here ; and afterward commodore Knowles, who succeeded him, was joined with Shirley ; but as Knowles was part of the time at Louisburg, most of the concern devolved on Shirley alone. (1) Bollans MS. letters. (2) Shirley's MS. letters. (3) Douglass,!. 315. * The reimbursement to New-Hampshire was sixteen thousand, three hun- dred and fifty-five pounds sterling. Thomlinson's MS. letter. 38 282 HISTORY OF NEW-HAMPSHIRiS. [1746. Beside the danger of losing Nova-Scotia and Cape-Breton, there were other reasons for undertaking tliis expedition. The Indians, instigated by the governor of Canada, were ravaging the frontiers, destroying the fields and cattle, burning houses and mills, killing and carrying away the inhabitants.^ Though scouts and garrisons were maintained by the governments ; yet to act altogether on the defensive, was thought to be not only an ineffec- tual, but a disgraceful mode of cariyingon the war ; especially after the success wliich had attended the arms of the colonists in their attempt against Louisburg. The continuance of such a mode of defence, would neither dispirit the enemy, nor secure the frontiers from their depredations. The design was pleasing, and the colonies readily furnished their quotas of men. In New-Hampshire the same difliculty occurred as on occasion of the Louisburg expedition. The governor had no authority to consent to the emission of bills of credit, but Shirley removed that obstacle, by suggesting to him, that as the ministry did not disapprove what he had done before, so there was no reason to fear it now ; and that the im- portance of the service, and the necessity of the case, would jus- tify his conduct. The demand at first, was for levy money and victualing. The arms and pay of the troops were to be furnish- ed by the crown ; but it was afterward found necessary that the several governments should provide clothing, transports and stores, and depend on a reimbursement from the British parliament.^ The assembly was immediately convened, and voted an en- couragement for enlisting a thousand men, or more, if they " could be raised ; with a bounty of thirty pounds currency, and a blanket to each man, besides keeping two armed vessels in pay. Colonel Atkinson was appointed to the command of the troops.^ Eight hundred men were inlisted and ready for embark- ation by the beginning of July. Transports and provisions were prepared, and the men waited, impatiently, all summer for em- ployment. Neither the general nor any orders arrived from Eng- land ; the fleet, which was said to be destined for the expedition, sailed seven times from Spithead, and as often returned. Two regiments, only, were sent from Gibraltar, to Louisburg, to relieve the New-England men, who had garrisoned it since the conquest. It is much easier to write the history of an active campaign, than to trace the causes of inaction and disappointment ; and it is in vain to supply the place of facts by conjecture.* In this time of suspense, Sir Peter Warren, and Sir William Pepperell, having arrived at Boston, from Louisburg, Shirley had (1) Shirley's speech, June 28. (2) Shirley's MS. letters. (3) Atkinson's MS. letters. * ' The last war was ruinous in the expense, and unsuccessful in the end, ' for want of consideration, and a reasonable plan at the beginning.' Dod- dington's Diary, May 27, 1775, page 330. 1746.] PROVINCE. BENNING WENTWORTH. 283 an opportunity of consulting them, and such other gentlemen as he thought proper, on the afiair of the Canada expedition. The season was so far advanced, that a fleet could hardly he expected from England ; or if it should arrive, it would be too late to at- tempt the navigation of the river St. Lawrence. But, as a suffi- cient body of the troops might be assembled at Albany, it was judged prudent to employ them in an attempt against the French fort at Crown-Point.^ At the same time, Clinton, governor of New- York, solicited and obtained the friendly assistance of the Six Nations of Indians, on the borders of his province. It was thought, that if this attempt should be made, the alliance with these In- dians would be strengthened and secured ; and the frontiers would be relieved from the horrors of desolation and captivity, to which they were continually exposed. In pursuance of this plan, the forces of New-Hampshire were ordered to hold them- selves in readiness, to march to Albany ; but, it being discovered that the small-pox was there, the rendezvous was appointed at Saratoga and the adjacent villages.- No sooner was this plan resolved on, and preparations made to carry it into execution, than accounts were received of danger which threatened Annapolis, from a body of French and Indians at Minas, and the probable revolt of the Acadians. It was thought that Nova-Scotia would be lost, if some powerful succor were not sent thidier.*^ Orders were accordingly issued, for the troops of JMassachusetts, Rhode-Island and New-Hampshire, to embark for that place, and ' driv'e the enemy out of Nova-Scotia.' But, within a few days more, the whole country was alarmed, and g „ thrown into the utmost consternation, by reports of the arrival of a large fleet and army from France, at Nova-Scotia, under the command of the Duke D'Anville. It was supposed that their ob- ject was to recover Louisburg ; to take Annapolis ; to break up the settlements on the eastern coast of Massachusetts ; and to distress, if not attempt the conquest of the whole country. of New- England. On this occasion, the troops destined for Canada found sufficient employment at home, and the militia was collected to join them ; the old forts on the sea coast were repaired, and new ones were erected. A new battery, consisting of sixteen guns, of thirty-two and twenty-four pounds shot, was added to fort Will- iam and Mary, at the entrance of Pascataqua harbor ; and an- other, of nine thirty-two pounders, was placed at the point of Little-Harbor. These works were supposed to be suflicient to prevent a surprisal. Military guards were appointed ; and in this state of fear and anxiety, the people were kept for six weeks, when some prisoners, who had been released by the French, brought the most affecting accounts of the dis- (1) Shirley's and Warren's MS. letters, Aug. 25. (2) MS. letter of Secre- tary Willard, Sept. 1. (3) Shirley's and Warren's MS. letters, Sept. 12. 284 niSlX)RY OF NEW-HAMPSHIRE. [174G. tress and confusion on board tlie fleet. It was expected, by the people in New-England, that an English fleet would have follow- ed iheni to America. This expectation was grounded on some letters from England, which Shirley had received and which he forwarded by express to admiral Townsend, at Louisburg. The letters were intercepted by a French cruiser, and carried into Chehucto, where the fleet lay. They were opened in a council of war, and caused a division among the oflicers ; which, added to the sickly condition of the men, and the damage which the fleet had sustained by storms, and their loss by shipwrecks, dejected their commander to that degree, that he put an end to his life by poison ; and the second in command fell on his sword. These melancholy events disconcerted their first plan. They then resolved to make an attempt on Annapolis ; but when they had sailed from Chebucto, ihey were overtaken by a violent tem- pest, off Cape Sable ; and those ships which escaped destruction, returned singly to France. Never was the hand of divine Prov- idence more visible, than on this occasion. Never was a disap- pointment more severe, on the side of the enemy ; nor a deliv- erance more complete, without human help, in favor of this coun- try.* Nova-Scotia was not out of danger. The French and Indians, who, during the stay of the fleet at Chebucto, had appeared be- fore Annapolis, but on their departure retired, were still in the peninsula 5 and it was thought necessary to dislodge them. For this purpose, Shirley sent a body of the Massachusetts forces, and pressed the governors of Rhode-island and New-Hamp- shire to send part of theirs. Those from Rhode-Island, and one transport from Boston, were wrecked on the passage. The armed vessels of New-Hampshire, with two hundred men, went to Annapolis ; but the commander of one of them, insteack of landing his men, sailed across the bay of Fundy, into St. John's river ; where, meeting with a French snow, and mistaking her for one of the Rhode-Island transports, he imprudently sent his boat with eight men on board, who were made prisoners, and the snow escaped. The sloop, instead of returning to Annapolis, came back to Portsmouth. 1 These misfortunes and disappointments had very - _ > _ serious ill consequences. The IMassachusetts forces, who Jan 31 ^^^^ ^t Nova-Scotia, being inferior in number to the French, and deceived by false intelligence, were surprised in the midst of a snow storm at Minas ; and after an obstinate resistance, were obliged to capitulate. Their commander. Col. Arthur Noble, (1) Dec. 13 — Shirley's MS. letters, and aflidavits of the crew. • [1746. The towns of Dunstable. Merrimack, HoUis, Nottingham- West, (whose name was altered to Hudson at the session of the legislature in June, 1830,) and Pelhani were incorporated by the province of New-Hampshire. — MS. volume of charters in Secretary's office.] 1747.] PROVINCE. BENNING WENTWORTII. 285 and about sixty men, were killed, and fifty were wounded.' The enemy being provided with snow-shoes, made forced marches ; and ours being destitute of them were unable to escape. When the alarm occasioned by the French fleet had subsided, Atkinson's regiment marched into the country to cover the lower part of the frontiers, and encamped near the shore of Winnipisc- ogee lake ; where they passed the winter and built a slight fort. They were plentifully supplied with provisions, and liad but little exercise or discipline. Courts martial were not instituted, nor offences punished. The ofllcers and men were tired of the ser- vice ; but were not permitted to enter on any other business, lest orders should arrive from England. Some were employed in scouting ; some in hunting or fishing, and some deserted." Shirley was so intent on attacking Crown-Point, that he even proposed to march thither in the winter, and had the address to draw the assembly of Massachusetts into an approbation of this project. He enlarged his plan, by proposing that the New- Hampshire troops should at the same time go, by the way of Connecticut river, to the Indian village of St. Frances, at the dis- tance of two hundred miles and destroy it ; while the troops from Massachusetts, Connecticut and New- York, should go by the way of the lakes to Crown-Point. ^ The governor of New- York would have consented to this wild projection, on account of the Indian allies, who were impatient for war ; but it was happily frustrated, by the prudence of the Connecticut assembly ; who deemed the Avinter an improper season for so great an undertak- ing, and deferred their assistance till the ensuing spring.*^ At the same time, the small pox prevailed in the setdements above Al- bany, through which the forces must have marched ; and that distemper was then an object of much greater dread, than the storms of winter, or the face of an enemy. To finish what relates to the Canada forces, it can only be said, that excepting some who were employed on the frontiers, they were kept in a state of military indolence, till the autumn of the ensuing year; when by order from the Duke of Newcastle they were disbanded, and paid at the same rate as the king's troops. The governors drew bills on the Brit- ish treasury ; which were negotiated among the merchants at sev- en and eight hundred per cent, and the parliament granted money, to reimburse the charges of the equipment and subsistence of these forces.^ The state of the frontiers now demands our attention. By the extension of the boundaries of the province, several settle- _ . ^ ments which had been made by the people of Massachu- setts, and under the authority of grants from their general court, (1) Boston Evening Post. (2) Atkikson's MS. letters. (3) Shirley's MS. letters. (4) MS. copy of Conn. Resolves— Jan. 28. (r,) Bollan'a MS. letters. 286 HISTORY OF NEW-HAMPSHIRE. [1745. had fallen within New-Hampshire. In one of them stood Fort Dumrner, on the west side of Connecticut river, and within the lately extended line of New-Hampshire. This fort had been erected and maintained, at the expense of Massachusetts ; but when it was found to be within New-Hampshire, the governor was instructed by die crown to recommend to the assembly, the future maintenance of it. In the same assembly, which had so zealously entered upon the expedition against Cape-Breton, this matter was introduced ; but a considerable majority of the lower house de- clined making any grant for this purpose, and adduced the follow- ing reasons, viz.^ That the fort was fifty miles distant from any towns which had been setded by the government or people of New- Hampshire ; that the people had no right to the lands which, by the dividing line, had fallen within New-Hampshire ; notwithstanding the plausible arguments which had been used to induce them to bear the expense of the line ; namely, that the land would be given to them or else would be sold to pay that expense ; that the charge of maintaining that fort, at so great a distance, and to which there was no communication by roads, would exceed what had been the whole expense of government before the line was established ; that the great load of debt contracted on that account, and the yearly support of government, with the unavoidable expenses of the war, were as much as the people could bear ; that if they should take upon them to maintain this fort, there was another much better and more convenient fort at a place called Number- Four, besides several other settlements, which they should also be obliged to defend ; and finaJly that there was no danger that these forts would want support, since it was the interest of Massachu- setts, by whom they were erected, to maintain them as a cover to their frontier. When these reasons were given, the governor dissolved the as- sembly and called another, to whom he recommended the same ^ measure in the most pressing terms ; telling them, ' that it ' was of the last consequence to the present and future * prosperity of the government ; that their refusal would lessen ' them in the esteem of the king and his ministers, and strip the ' children yet unborn of their natural right ; and deprive their ' brethren who were then hazarding their lives before the walls ' of Louisburg of their just expectations, which were to sit down * on that valuable part of the jirovince.' But his eloquence had no effect. They thought it unjust to burden their constituents with an expense which could yield them no profit, and afford them no protection. When it was determined, that New-Hampshire would make no provision for Fort-Dummer, the assembly of Massachusetts con- tinued its usual support, and also provided for the other posts on (1) Printed Journal, May 3. 1745.1 PROVINCE. BENNING WENTWORTH. 287 Connecticut river and its branches, vvhicli were wiiliin the limits of New-Hampshire. They afterwards petitioned the king, to de- duct that charge out of the reimbursement, which the parliament had granted to New-Hampshire, for the Canada expedition ; but in this, they were defeated, by the vigilance and address of Thom- linson, the agent of New-Hampshire. Most of the frontier towns of New-Hampshire, at that time, were distinguished by no other than by Indian or temporary names. It may be convenient to compare them with their present names. On Connecticut river, and its eastern branches, were Number-Four, ") f Charlestown, Great-Meadow, | Westmoreland, Great-Fall, ' ^^-^''^^^ Walpole, T-i T-v > are now < tt- j i I ort-Dummer, { called i Huisdale, Upper-Ashuelot &; j j Keene and Lower- Ashuelot, J (^ Swanzey. On Merrimack river and its branches, were Penacook, "] f Concord, Suncook, I Pembroke, Contoocook, ■ which j Boscawen, New-Hopkinton, ( called i Hopkinton, Souhegan-East and | | Merrimack and Souhegan-West, J [^ Amherst. On the Pascataqua river, and its branches, were the townships of Notdngham,* Barrington and Rochester. Besides the forts which were maintained at the public expense, there were private houses enclosed with ramparts, or palisades of timber ; to which the people who remained on the frontiers redred ; these private garrisoned houses were distinguished by the names of the owners. The danger to which these distressed people were constantly exposed, did not permit them to cultivate their lands to any advantage. They were frequently alarmed when at labor in their fields, and obliged either to repel an attack, or make a retreat. Their crops were often injured, and sometimes destroyed, cither by their cattle getting into the fields where the enemy had broken the fences, or because they were afraid to ven- ture out, to collect and secure the harvest. Their cattle and horses were frequently killed by the enemy ; who cut the flesh from the bones, and took out the tongues, which they preserved for food, by drying in smoke. Sometimes they were afraid even to milk their cows ; though they kept them in pastures as near as possible to the forts. When they went abroad, they were always armed ; but frequently they were shut up for weeks together in a state of inactivity. * [Nottingham was settled about tlie year 1727, by Capt. Joseph Cilley and others. Rev. Stephen Emery, the first minister, was ordained in 1742; dis- missed about 1749. The population in 1767, waa 703.] 2S8 HISTORY OF NEW-HAMPSHIRE. [1745. The history of a war on the frontiers can be little else than a recital of the exploits, the sufferings, the escaj)es and deliverances , of indiviihials, of single families or small parties. The first " ^'^' appearance of the enemy on the western frontier was at the Great-^leadow, sixteen miles above Fort-Dumrner. Two Indians took William Phips, as he was hoeing his corn. When they had carried him half a mile, one of them went down a steep hill to fetch something which had been left. In his absence, Phips, with his own hoe, knocked down the Indian who was with him ; then seizing his gun, shot the other as he ascended the hill.^ Unfor- tunately, meeting with three others of the same party, they " ^ ■ killed him. The Indian whom he knocked down died of his wound. The same week they killed Josiah Fisher of Upper- Ashuelot. No other damage was done for three months ; when a party of twelve Indians approached the fort at Great-Meadow, and took Nehemiah How, who was at a little distance from the fort, cutting wood. The fort was alarmed, and one Indian was killed by a shot from the rampart ; but no attempt was made to rescue the prisoner. As they were leading him away, by the side of the river, they espied a canoe coming down, with two men, at whom they fired, and killed David Rugg ; but Robert Baker got to the opposite shore and escaped. Proceeding farther, they met three other men, who, by skulking under the bank, got safe to the fort. One of them was Caleb How, the prisoner's son. When they came opposite to Number-Fom-, they made their captive write his name on a piece of bark, and left it there. Having travelled seven days westward, they came to a lake, where they found five canoes, with corn, pork and tobacco. In these canoes they embarked ; and having stuck the scalp of David Rugg on a pole, proceeded to the fort at Crown-Point ; where How received humane treatment from the French. He was then carried down to Quebec, where he died in prison.- He was a useful man, greatly lamented by his friends and fellow captives. The next spring, a party of Indians appeared at Number-Four, I7ar where they took John Spafford, Isaac Parker and Stephen Farnsworth, as they were driving a team.^ Their cattle were found dead, with their tongues cut out. The men were carried to Canada, and, after some time, returned to Boston, in a flag of truce. Within a few dajs, a large party, consisting of fifty, laid a plan to surprise the fort at Upper-Ashuelot. They hid themselves in a swamp, in tlie evening ; intending to wait till the men ^' ' ' had gone out to their work, in the morning, and then rush in. Ephraim Dorman, who was abroad very early, discovered (1) Doolittle's Memoirs, p. 2. (2) How's Narrative. (3) April 19— Doo- little's Memoirs. 1746.] PROVINCE. BENNING WENTWORTH. 289 them and gave the alarm. He bravely defended himself against two Indians, and stripped one of his blanket and gun, which he carried into the fort. John Bullard, and the wife of Daniel Mc- Kenny were killed. Nathan Blake was taken and carried to Canada, where he remained two years. They burned several houses and barns ; and from the human bones found among the ashes, it was thought that some of the enemy fell and were con- cealed in the flames. ^ About the same time, a party came down to New-Hopkinton, where they entered a garrisoned house, and found the people asleep ; the door having been left open by one who had risen early and gone out to hunt. Eight persons were thus taken ; Samuel Burbank and his two sons, David Woodwell, his wife, two sons, and a daughter. Burbank and the wife of Woodwell, died in captivity. Woodwell and three of the chil- dren returned in a flag of truce to Boston." * The enemy were scattered in small parties, on all the frontiers. At Number-Four, some women went out to milk their cows, with major Josiah Willardf and several soldiers, for their guard : eight Indians who w-ere concealed in a barn, fired on them, and killed Seth Putnam ; as they w^ere scalping him, Willard and two more fired on them, and mortally wounded two, whom their companions carried off.^ At Contoocook, five white men and a negro were fired at. — Elisha Cook and the negro were killed. Thomas Jones was taken and died in Canada.* At Lower-Ashuelot, they took Timothy Brown and Robert Mof- fat, who were carried to Canada and returned. At the same time, a party lay about the fort at Upper-Ashuelot. As one of them knocked at the gate in the night, the sentinel fired through the gate and gave him a mortal wound.^ (1) Doolittle's Memoirs, and Sumner's MS. letter. (2) How's Narrative, and Norton's Narrative. Boston Post Boy. [Collections of Farmer and Moore for 1822, vol. i. 284— 2«7.] (3) Doolittle's Narrative. (4) May 4— Norton's and How's Narratives. [Price, Plist. Boscawen, 112.] (5) Doolit- tle's Narrative. * [The names of these captured were Samuel Burbank, his sons Caleb and Jonathan, David Woodwell. his wife, and sons Benjamin and Thomas, and daughter Mary. Jonathan Burbank, after his redemption, became an officer, and was killed by tiie Indians in the French war, being supposed by them to have been Major Rogers, tlieir avowed enemy. Mary Woodwell, after a de- tention of six months among the French at Montreal, returned to Albany, and soon after, to Hopkinton, Mass. her native place. She was twice married, and died a widow, among the Shakers at Canterbury, N. H. in October, 1829, in the 100th j-ear of her age.] t [Of Fort-Dummer, afterwards Colonel Willard. Ho was probably the same who was one of the first settlers of Winchester, and one to whom the charter of that town was granted in 1753. He was son or grandson of Capt. Simon Willard of Salem, whose father was the Simon Willard, mentioned page 56.] 39 290 HISTORY OF NEW-HAMPSHIRE. [1746. The danger thus increasing, a reinforcement was sent by the -. 24 Massachusetts assembly, to these distressed towns. Cap- " tain Paine, with a troop, came to Number-Four ; and about twenty of his men, going to view the place where Putnam was killed, fell into an ambush. The enemy rose and fired, and then endeavored to cut off their retreat. Captain Phinehas Stevens, with a party, rushed out to their relief. A skirmish ensued ; in which, five men were killed on each side, and one of ours was taken.* The Indians left some of their guns and blankets be- hind. In about a month after this, another engagement happened at the same place. As Captain Stevens and Captain Brown were J -„ goii^S into the meadow, to look for their horses, the dogs ' discovered an ambush, which put the men into a posture for action, and gave them the advantage of the first fire.^ After a sharp encounter, the enemy were driven into a swamp, drawing away several of their dead. In this action, one man only was lost. Several blankets, hatchets, spears, guns and other things, were left on the ground, which were sold for forty pounds old tenor. This vi'as reckoned ' a great booty from such beggarly ' enemies.' At Bridgman's fort, near Fort-Dummer, William Robbins and James Baker were killed in a meadow. Daniel How ■ and John Beaman were taken. How killed one of the Indians before he was taken. When the people wanted bread, they were obliged to go to the mills, with a guard ; every place being full of danger. A J , ^ parly who went to Hinsdale's mill, with Colonel Willard at their head, in searching round the mill, discovered an ambush. The enemy were put to flight with the loss of their packs. At Number-Four, one Phillips was killed ; and as some of the people were bringing him into the fort, they were fired upon ; but Aucr 3 "O"'^ were hint. Having burned some buildings, and ° " killed some cattle, the enemy went and ambushed the »■ ■ road near Winchester, where they killed Joseph Rawson. Whilst the upper settlements were thus suffering, the lower towns did not escape. A party of Indians came down to Roch- j 27 ester, within twenty miles of Portsmouth. Five men ' were at work in a field, having their arms at hand. The Indians concealed themselves. One of them fired, with a view to induce the men to discharge their pieces, which they did. The enemy then rushed upon them before they could load again. They retreated to a small deserted house and fastened the door. (1) Doolittle'a Narrative. Boston Evening Post. • [The names of the English killed were Samuel Farnsworth, Joseph Al- len, Peter Perrin, Aaron Lyon and Joseph Massey.] 1746.1 PROVINCE. BENNING WENTWORTH. 291 The Indians tore off the roof, and with their guns and tomahawks despatched Joseph Heard, Joseph Richards, John Wentworth and Gershom Downs. They wounded and took John Richards ; and then crossing over to another road, came upon some men who were at work in a field, all of whom escaped ; but they took Jon- athan Door, a boy, as he was sitting on a fence. Richards was kindly used, his wounds were healed, and after eighteen months, he was sent to Boston in a flag of truce. Door lived with the In- dians and acquired their manners and habits ; but, after the con- quest of Canada, returned to his native place.' Soon after this, another man was killed at Rochester.* Two men were surprised and taken at Contoocook ; and a large party of Indians lay in ambush at Penacook, with an in- ^' tention to attack the people, while assembled for public worship ; but seeing them go armed to their devotions, they waited till the next morning, when they killed five and took two.f In these irritating skirmishes, the summer was spent ; till a large body of French and Indians attacked Fort Massachusetts, at Hoosuck.2 This fort was lost for want of ammunition "^' to defend it. After this success, the enemy remained quiet during the rest of the summer. The prospect of an expedition to Canada had induced many of the soldiers who were posted on the fronUers to enlist into the regiments, because they preferred active service to the dull routine of a garrison. The defence of the western posts was not only hazardous, but ineffectual ; and some persons in the north- western part of Massachusetts thought it inexpedient, to be at the (1) Haven's MS. letter. (2) Norton's Narrative. * [This man was Moses Roberts. He was not killed by the Indians as might be inferred in the text. He had been stationed as a sentinel, and liaving be- come alarmed, retreated from his post into the woods, when another sentinel, hearing a noise in the bushes, and seeing them wave, supposed the Indians were approaching, fired his gun and shot Roberts, who died the next morning, blaming himself and justifying the man who shot him. MS. Communication from Rev. Thomas C. Upham.] t [These men were killed and captured on the road leading from Concord to Hopkinton, within about a mile of the seat of Judge Green. There is a full account of the massacre in Moore's Annals of Concord, 23 — 25, and in the Coll. of the N. H. Hist. Soc. i. 171—173. There has been lately erected near the scene of destruction by a descendant of one of the victims of Indian cruelty, a durable monument, on which is the following inscription : " This Monument is erected in Memory of Samuel Bradi-ey, Jonatuan Bradley, OBAniAH Peters, John Bean and John Lufkin, who were massacred August 11th, 174G, by the Indians near this spot. Erected by Richard Bradley, son of the late Hon. John Bradley and grandson of Samuel Bradley." The names of those who were taken were Alexander Roberts and William Stickney. Roberts returned from captivity, but Stickney was drowned when he was within about one day's journey of the white settlements. The loss sustained by the Indians was four killed and several wounded, and two of them mortally. On the 10 November following, the Indians killed a Mr. Estabrook on the road between the principal settlement and the place of th« former massacre.] 292 HISTORY OF NEW-HAJMPSHIRE. [1746. charge of defending a territory, which was out of iheir jurisdiction. Their petitions prevailed with the asscmhly, to withdraw ■ theiv troops from the western parts of New-Hampshire. The inhabitants were then obliged to quit their estates. They deposited in the earth, such furniture and utensils as could be saved by that means ; they carried ofF on horseback such as were portable ; and the remainder, with their buildings, was left as a prey to the enemy, who came and destroyed or carried away what they pleased. Four families, who remained in Shattack's fort, (Hinsdale) defended it against a party of Indians, who attempted to burn it.^ Six men only were left in the fort at Number-Four, who, in the following winter deserted it ; and it was wholly desti- tute for two months. In this time, some gentlemen, who under- stood the true interest of the country, prevailed on the assembly of Massachusetts, to resume the protection of those deserted places ; and to employ a sufficiency of men, not only to garrison them, but to range the woods and watch the motions of the enemy. In the latter end of March, Captain Phinehas Stevens, who commanded a ranging company of thirty men, came to Number- ,„.^ Four; and finding the fort entire, determined to keep possession of it. He had not been there many days, when April 4. j^g ^^.^g attacked by a very large party of French and In- dians, commanded by M. Debeline. The dogs, by their bark- ing, discovered that the enemy were near ; which caused the gate to be kept shut, beyond the usual time. One man went out to make discovery and was fired on ; but returned with a slight Wound only. The enemy, finding that they were discovered, arose from their concealment and fired at the fort on all sides. The wind being high, they set fire to the fences and log-houses, till the fort was surrounded by flames. Capt. Stevens took the most prudent measures for his security ; keeping every vessel full of water and digging trenches under the walls in several plac- es ; so that a man might creep through, and extinguish any fire, which might catch on the outside of the walls. The fire of the fences did not reach the fort ; nor did the flaming arrow^s which they incessantly shot against it take effect. Having continued this mode of attack for two days, accompanied with hideous shouts and yells ; they prepared a wheel carriage, loaded with dry fagots, to be pushed before them, that they might set fire to the fort. Before they proceeded to this operation, they demand- ed a cessation of arms till the sun-rising, which was granted. In the morning, Debeline came up with fifty men, and a flag of truce, which he stuck in die ground. He demanded a parley, which was agreed to. A French oCCicev, with a soldier and an Indian, then advanced ; and proposed that the garrison should (1) Sumner's and Olcott's MS. letters. 1747.] PROVINCE. BENNING WENTWORTII. 293 bind up a quantity of provisions with their blankets, and having laid down tlieir arms should be conducted prisoners to Montreal. ' Another proposal was that the two commanders should meet, and that an answer should then be given. Stevens met the French commander, who, without waiting for an answer, began to enforce his proposal, by threatening to storm the fort, and put every man to death, if they should refuse his terms, and kill one of his men. Stevens answered, that he could hearken to no terms till the last extremity ; that he was intrusted with the defence of the fort, and was determined to maintain it, till he should be convinced that the Frenchman could perform what he had threatened. He add- ed, that it was jioor encouragement to surrender, if they were all to be put to the sword for killing one jnan, when it was probable they had already killed more. The Frenchman replied, ' Go and * see if your men dare to fight any longer, and give me a quick ' answer.' Stevens returned and asked his men, whether they would fight or surrender. They unanimously determined to fight. This was immediately made known to the enemy, who renew- ed their shouting and firing all that day and night. On the morn- ing of the third day, they requested anothei' cessation for two hours. Two Indians came with a flag, and proposed, that if Stevens would sell them provisions they would withdraw. He answered, that to sell them provisions for money was contrary to the law of nations ; but that he would pay them five bushels of corn for every captive, for whom they would give a hostage, till the captive could be brought from Canada. After this answer, a few guns were fired, and the enemy were seen no more.^ In this furious attack from a starving enemy, no lives were lost in the fort, and two men only were wounded. No men could have behaved with more intrepidity in the midst of such threaten- ing danger. An express was immediately despatched to Boston, and the news w^as received there with great joy. Commodore Sir Charles Knowles was so highly pleased with the conduct of Captain Stevens, that he presented him with a valuable and ele- gant sword, as a reward for his bravery. From this circum- stance, the township when it was incorporated, took the name of Charlestow^n.* Small parties of the enemy kept hovering, and sometimes dis- covered themselves. Sergeant Phelps killed one, near the fort, and escaped unhurt, though fired upon and pursued by two others. Other parties went farther down the country ; and at Roches- ter, they ambushed a company who were at work in a field. The (1) Stevens'3 letter, in Boston Evening Post, April 27. (2) [Ibid.] * [Commodore Knowles was afterwards an admiral in the British Navy, and in 1770, beininr invited by the empress of Russia, went into her service. — Hutchinson, ii. 31)0. J 294 HISTORY OF NEW-HAMPSHIRE. [1747. ambush was discovered by three lads, John and George Place, and Paul Jennens. The Indians fired upon them. John Place returned the fire and wounded an Indian. Jennens presented his gun but did not fire ; this prevented the enemy fi-oni rushing upon them, till the men fi'oin the field came to their relief and put the Indians to flight.^ At Penacook, a party of the enemy discovered themselves by firing at some cattle. They were pursued by fifty men ; and re- treated with such precipitation, as to leave their packs and blank- ets, with other things behind. One man had his arm broken in this conflict.- About the sam.e time, a man was killed there, f who had just returned from Cape-Breton, after an absence of two years. Another was killed at Suncook ; and at Nottingham, Robert Beard, John Folsom and Elizabeth Simpson, suffered the same fate.^ In the autumn, Major Willard and Captain Alexander, wound- ed and took a Frenchman near ^Vinchester, who was conducted to Boston and returned to Canada. Soon after, the enemy burn- ed Bridgman's fort ; (Hinsdale) and killed several persons, and took others from that place, and from Number-Four, in the ensu- ing winter. No pursuit could be made, because the garrison was not provided with snow-shoes, though many hundreds had been paid for by the government. The next spring, Captain Stevens was again appointed to com- mand at Number-Four, with a garrison of an hundred men ; Cap- j_.o tain Humphrey Hobbs being second in command.'* A scouting party of eighteen, was sent out under Captain May 4y. j^jgazer Alelvin. They discovered two canoes in Lake Champlain, at which they fired. The fort at Crown-Point was alarmed, and a party came out to intercept them. IMelvin cross- ed their track, and came back to West River ; where, as his men were diverting themselves by shooting salmon, the Indians suddenly came upon them and killed six.'^ The others came in at different times to Fort--Dummer. On a Sabbath morning, at Rochester, the wife of Jonathan Hodgdon was taken by the Indians, as she was going to milk her cows. She called aloud to her husband. The Indians ^^ ' would have kept her quiet, but as she persisted in calling, they killed her, apparently contrary to their intentions. Her hus- band heard her cries, and came to her assistance, at the instant of her death. His gun missed fire, and he escaped. The alarm, occasioned by this action, prevented greater mischief.'^ (1) June 7— Haven's MS. letters. (2) July 23— Boston Evening: Post.— (3) Upham's MS. letter. (4) Olcott's MS. letter. (5) Doolittle's Narrative. (6) Haven's MS. letter. t [Perhaps a Mr. Estabrook, who was killed at Penacook, on the 10 Nov- ember, that year. Moore, Annals of Concord, 25.] 1748.] PROVINCE. BENNING WENTWORTII. 295 The next month, tbey killed three men belonging to Hinsdale's fort, Nathan French, Joseph Richardson and John Frost. Sev- en were taken ; one of whom, William Bickford, died of his wounds. Captain Hobbs, and forty men, being on a scout near West River, were surprised by a party of Indians, with whom they had a smart encounter, of three hours continu- ance. Hobbs left the ground, having had three men killed and four wounded. Thesameparty of the enemy killed two "-^ men and took nine, between Fort Hinsdale and Fort-Dummer. The cessation of arms between the belligerent powers did not wholly put a stop to the incursions of the enemy ; for af- ^ _ „ ter it was known here, and after the garrison of Number- junejy' Four was withdrawn, excepting fifteen men, Obadiah Sart- well was killed, and a son of Captain Stevens was taken and car- ried to Canada ; but he was released and returned.^ During this affecting scene of devastation and captivity, there were no instances of deliberate murder nor torture exercised on those who fell into the hands of the Indians ; and even the old custom of making them run the gauntlet, was in most cases omit- ted. On the contrary, there is a universal testimony from the captives who survived and returned, in favor of the humanity of their captors. When feeble, they assisted them in travelling ; and in cases of distress from want of provision, they shared with them an equal proportion. A singular instance of moderation de- serves remembrance. An Indian had surprised a man at Ashuelot. The man asked for quarter, and it was granted. Whilst the In- dian was preparing to bind him, he seized the Indian's gun, and shot him in one arm. The Indian, however, secured him ; but took no other revenge than, with a kick, to say, ' You dog, how ' could you treat me so .^' The gentleman from whom this infor- mation came, has frequently heard the story bodi from the cap- tive and the captor. The latter related it as an instance of Eng- lish perfidy ; the former of Indian lenity .- There was a striking difference between the manner in which this war was managed, on the part of the English and on the part of the French. The latter kept out small parties continually en- gaged in killing, scalping and taking prisoners ; who were sold in Canada and redeemed by their friends, at a great expense. By this mode of conduct, the French made their enemies pay the whole charge of their predatory excursions; besides reaping a handsome profit to themselves. On the other hand, the English attended only to the defence of the frontiers ; and that in such a manner, as to leave them for the most part insecure. No parties were sent to harass the setdements of the French. If the whole country of Canada could not be subdued, nothing less could be attempted. Men were continually kept in pay, and in expecta- (1) Olcott's MS. letters. (2) Ibid. 296 HISTORY OF NEW-HAMPSHIRE. [1749. tion of service ; but spent their time cither in garrisons, or camps, or in guarding provisions when sent to the several forts. Though large rewards were promised for scalps and prisoners, scarcely any were obtained unless by accident. A confusion of councils, and a multiplicity of directors, caused frequent changes of meas- ures, and delays in the execution of them. The forts were ill supplied with ammunition, provisions, clothing and snow-shoes. When an alarm happened, it was necessary, either to bake 1747. bread, or dress meat, or cast bullets, before a pursuit could be made. The French gave commissions to none but those who had distinguished themselves by some exploit. Among us, persons frequently obtained preferment, for themselves or their friends, by making their court to governors, and promoting favor- ite measures in town meetings, or general assemblies. A community recovering from a war, like an individual recov- ering from sickness, is sometimes in danger of a relapse. This war was not decisive, and the causes which kindled it were not removed. One of its effects was, that it produced a class of men, who, having been for a time released from laborious occupations, and dev^oted to the parade of military life, did not readily listen to the calls of industry. To such men, peace was burdensome, and the more so, because they had not the advantage of half pay. The interval between this and the succeeding war was not long. The peace took place in 1749, and in 1754 there was a call to resume the sword. CHAPTER XXI. Purchase of Mason's claim. Controversy about Representation. Plan of extending the settlements. Jealousy and resentment of the savages. Whilst the people were contending with an enemy abroad, an attempt was making at home, to revive the old claim of Mason, which their fathers had widistood, and which for many years had lain dormant, till recalled to view by the politi- cians of Massachusetts, as already related. After Thomlinson had engaged with IMason, for the purchase of his title, nothing more was heard of it, till the controversy respecting the lines was I7d4 finished, and Wentworth was established in the seat of government, and in the oftice of surveyor of the woods. The agreement which Thomlinson had made, was in behalf of _ „„ the Representatives of New-Hampshire ; and the instru- ' ment was lodged in the hands of the governor, who sent it to the house for their perusal and consideration. It lay on their 1744.] PROVINCE. BENNING VVENTWORTH. 2^1 table a long time, withoiil any formal notice.^ Quickening mes- sages were sent time after time ; Init the affairs of the war, and Mason's absence at sea, and in the expedition to Louisburg, where he had a company, together with a disinclination in the house, which was of a different complexion from that in 1739, prevented any diing from being done. In the mean time, IMason suffered a fine and recovery, by which the entail was docked, in the courts of New-Hampshire, and he became entided to the privilege of selling his in- -i^^c terest. He also presented a memorial to the assembly, in which he told them that he would wait no longer ; and ^" unless they would come to some resolution, he should take their silence as a refusal. Intimations were given, that if they would not ratify the agreement, a sale would be made to other ,7^/- persons, who stood ready to purchase. At length, the house came to a resolution, ' that they would comply with the a- ' greement, and pay the price ; and that the waste lands should * be granted by the general assembly, to the inhabitants, as * they should think proper.' A committee was appointed ''^ ' " ' to treat with Mason, about fulfilling his agreement, and to draw die proper instruments of conveyance ; but he had on the same day, by deed of sale, for the sum of fifteen hundred pounds currency, conveyed his whole interest to twelve ^"' persons, in fifteen shares. When the house sent a message to the council to inform them of diis resolution, the council objected to that clause of the resolve, ' that the lands be granted by the gen- ' eral assembly,' as contrary to the royal commission and instruc- tions ; but if the house would address the king, for leave to dis- pose of the lands, they said that diey were content. These transactions raised a great ferment among the people. Angry and menacing words were plentifully thrown out against the purchasers ; but they had prudently taken care to file in the recorder's oftice a deed of quit-claim to all the towns which had been setUed and granted within the limits of their purchase.* — (1) Assembly records. * Tho purchasers of this claim were, Theodore Atkinson, (three fifteenths) Thomas Packer, M. H. Wentworth, (two fifteenths) Thomas Wallingford, Richard Wibird, Jotham Odiorne, John Wentworth, son of the Governor, Joshua Peirce, George JafFrey, Samuel Moore, Nathaniel Meserve, John Moffat, (one fifteenth each.) The towns quitclaimed were, Portsmouth, Londonderry, Bow, Dover, , Chester, Chichester, Exeter, Nottingliam, Epsom, Hampton, Barrington, Barnstead, Gosport, Rochester, and afterward Kingston, Canterbury. Gilraantown. 40 29S HISTORY OF NEW-HAMPSHIRE. [1746. In ibis quit-claim, they inserted a clause in the following words, ' excepting and reserving our respective riglits, titles, inheritance ' and possessions, which we heretofore had, in common or sever- ' alty, as inhabitants or proprietors of houses or lands, within any * of the towns precincts, districts or villages aforesaid.'! This precaution had not at first its effect. A committee of both houses was appointed to consider the matter, and they reported that ' for ' quieting the minds of the people, and to prevent future diffi- * culty, it would be best for the province to purchase the claim, ' for the use and benefit of the inhabitants ; provided that the pur- ' chasers would sell it for the cost and charges. '^ This report was accepted, concurred and consented to, by every branch of the leo^islature. A committee was appointed to consult counsel, . ^ . and agree on proper instruments of conveyance. The "" same day, this committee met with the purchasers, and conferred on the question whether they would sell on the terms proposed ? At the conference, the purchasers appeared to be divided, and agreed so far only, as to withdraw their deed from Auo- i'5 ^he recorder's office. The committee reported that they could make no terms with the purchasers ; in consequence "^■'"^' of which, the deed was again lodged in the office and recorded. Much blanie was cast on the purchasers, for clandestinely taking a bargain out of the hands of the assembly. They said in their vindication, ' that they saw no prospect of an effectual ' purchase by the assembly, though those of them who were members, voted for it, and did what they could to encourage it ; that they would have gladly given JMason as much money, for his private quit-claim to their several rights in the townships already granted and settled ; that Mason's claim had for many years hung over the province, and that on every turn, they had been threatened with a proprietor; thatAIason's deed to a com- mittee of Massachusetts, in behalf of that province, for a tract of land adjoining the boundary line, had been entered on the records, and a title under it set up, in opposition to grants made by the governor and council ; that it was impossible to say where this evil would stop, and therefore they thought it most prudent to prevent any farther effects of it, by taking up with his offer, especially as they knew that he might have made a more advan- tageous bargain, with a gentleman of fortune in die neighboring province ; but that they were still willing, to sell their interest to the assembly, for the cost and charges ; provided that the land be granted by the governor and council; and that the agreement be made within one month from the date of their letter.'^ Within that month, the alarm caused by the approach of D'An- (1) Records of deeds. (2) Assembly records. (3) MS. letter in Propria- tary ofBce. 1746.] PROVINCE. BENNING WENTWORTH. 299 ville's fleet, put a stop to the negotiation. After that danger was over, the affair was revived ; but the grand difficuhy subsisted. The purchasers would not sell, but on condition that the lands should be granted, by the governor and council. The assembly thought that they could have no security that the land would be granted to the people ; because the governor and council might grant it to themselves, or to their dependents, or to stran- ,«^« gers, and the people who had paid for it, might be excluded from the benefit which they had purchased. A proposal """ ' was afterward made, that the sale should be to feoffees in trust for the people ; and a form of a deed for this purpose was drawn. To this proposal, the purchasers raised several objections ; and as the assembly had not voted any money to make the purchase, they declined signing the deed ; and no farther efforts being made by the assembly, the purchase rested in the hands of the proprietors. In 1749, they took a second deed, comprehending all the Masonian grants, from Naumkeag to Pascataqua ; whereas the former deed was confined to the lately established boundaries of New-Hampshire. This latter deed was not recorded till 1753.1 After they had taken their first deed, the Masonians began to grant townships, and continued granting them to petitioners, - _ . ^ often without fees, and always without quit-rents. They quieted the proprietors of the towns, on the western side of the Merrimack, v»?hich had been granted by Massachusetts, before the establishment of the line ; so that they went on peaceably with their settlements. The terms of their grants were, that the grantees should, within a limited time, erect mills and meeting- houses, clear out roads and settle ministers. In every township, they reserved one right for the first settled minister, another for a parsonage, and a third for a school. They also reserved fifteen rights for themselves, and two for their attorneys ; all of which were to be free from taxes, till sold or occupied. By virtue of these grants, many townships were settled, and the interest of the people became so united with that of the proprietors, that the prejudice against them gradually abated ; and, at length, even some who had been the most violent opposers, acquiesced in the safety and policy of their measures, though they could not concede to the validity of their claim. The heirs of Allen menaced them by advertisements, and warned the people against accepting their grants. They depended on the recognition of Allen's purchase, in the charter of Massa- chusetts, as an argument in favor of its validity ; and supposed, that because the ablest lawyers in the kingdom were consulted, and employed in framing that charter, they must have had evi- dence of the justice of his pretensions, before such a reservation (1) Records of deeds. 300 HISTORY OF NEW-HAMPSHIRE. [1748. could liave been introduced into it. So strong was the impression, which this argument had made, on the minds of speculators in England, that" large sums had been offered, to some of Allen's heirs, in that kingdom ; and, Thondinson himself, the first mover of the purchase from Mason, in behalf of New-Hampshire, had his doubts ; and would have persuaded the associates to join in buying Allen's title also, even at the price of two thousand pounds sterling, to prevent a more expensive litigation, the issue of which would be uncertain. 1 But they, being vested with the principal offices of government; being men of large properly, which was also increased by this purchase ; and having satisfied themselves, of the validity of their title, by the opinions of some principal lawyers, both here and in England, contented themselves with the purchase which they had made ; and by maintaining their pos- session, extended the cultivation of the country within their limits. The words of the original grants to Mason, describe an extent of sixty miles, from the sea, on each side of the province, and a line to cross over from the end of one line of sixty miles, to the end of the other. The Masonian proprietors pleaded, that this cross line should be a curve, because, no other line would preserve the distance of sixty miles from the sea, in every part of their western boundary. No person had any right to contest this point with them, but the king. It was not for the interest of his gov- ernor and council to object ; because several of them, and of their connections, were of the Masonian propriety ; and no objection was made by any other persons, in behalf of the crown. Survey- ors were employed, at several times, to mark this curve line ; but on running, first from the southern, and then from the eastern boundary, to the river Pemigewassett, they could not make the lines meet. Controversies were thus engendered, between the grantees of crown lands and those of the Masonians, which subsisted for many years. In some cases, the disputes were compromised, and in others, left open for litigation ; till, by the revolution, the government fell into other hands. This was not the only controversy, which, till that period, remained undetermined. When the extension of the boundary lines gave birth to a demand, for the maintenance of Fort-Dummer, the governor had the address, to call to that assembly, into which he introduced this demand, six new members; who appeared as representatives for six towns and districts, some of which had been, by the southern line, cut off from Massachusetts.- It was supposed that his design, in calling these members, was to facilitate the adoption of Fort-Dummer. Odier towns, which ought to have had the same privilege extended to them, were neglected. When the new members appeared in the house, the secretary, by the governor's order, administered to them the usual oaths; after (1) MS. letters of Thomlinson. (2) rrintedJoiirnal, Jan. 1744. 1748.] PROVINCE. BENNING WEiNTWORTII. 30I which, they were asked, in the name of the house, by what au- thority they came thither ? They answered, that they were chosen by virtue of" a writ, in the king's name, delivered to their respective towns and districts, by the sheriff. The house remon- strated to the governor, that these places had no right, by law, nor by custom, to send persons to represent them, and then de- barred them from the privilege of voting, in the choice of a speaker ; two only dissenting, out of nineteen. Several sharp messages passed, between tlie governor and the house, on that occasion j but the pressing exigencies of the war, and the proposed expedi- tion to Cape-Breton, obliged him, for that time, to give way, and suffer his new members to be excluded, till the king's pleasure could be known. The house vindicated their proceedings, by appealing to their records; from which it appeared, that all the additions, which had been made to the house of representatives, were, in consequence of their own votes, either issuing a precept themselves, or request- ing the governor to do it; from which they argued, that no town, or parish, ought to have any writ, for the choice of a representa- tive, but by a vote of the house, or by an act of the assembly. On the other side, it was alleged, that the right of sending repre- sentatives was originally founded on the royal commission and instructions, and therefore, that the priv^ilege might, by the same authority, be lawfully extended to the new towns, as the king, or his governor, by advice of council, might think proper. The precedents on both sides were undisputed ; but neither party would admit the conclusion drawn by the other. Had this diffi- culty been foreseen, it might have been prevented when the tri- ennial act was made in 1727. The defects of that law, began now to be severely felt ; but could not be remedied. The dispute having thus subsided, was not revived during the war ; but as soon as the peace was made, and the king had gone on a visit to his German dominions, an additional instruction was. sent from the lords justices, who presided in the king's absence, directing the governor to dissolve the assembly then subsisting ;, and when another should be called, to issue the kinir's writ t on to the slienrr, commanding Inm to make out precepts to the towns and districts, whose rcjiresentatives had been before excluded ; and that when they should be chosen, the governor should support their rights.^ Had this instruction extended to all the other towns in the province, which had not been before represented, it might have been deemed equitable ; but as it respected those only, which had been the subject of controversy, it appeared to be grounded on partial information, and intended to strengthen the prerogative of the crown, without a due regard to the privileges of the people at large. (1) DoujjlasB ii. 35. 302 HISTORY OF NEW-HAMPSHIRE. [1749. The party in opposition to tlie governor became more acrimo- nious than ever. Richard Waldron, the former secretary, and j_.g the confidential friend of Belcher, appeared in the new assembly and was chosen speaker. The governor nega- tived him ; and ordered the house to admit the new mem- bers, and choose another speaker. Tliey denied his power of negativing their speaker and of introducing new members. The style of his messages was peremptory and severe ; their answers and remonstrances were calm, but resolute, and in some instances satirical. Neither party would yield. No business was trans- acted ; though the assembly met about once in a month, and was kept alive, by adjourimients and prorogations, for three years. Had he dissolved them, before the time for which they were chosen had expired, he knew, that in all probability, the same persons would be re-elected. The effect of this controversy was injurious to the governor, as well as to the people. The public bills of credit had depreciated since this administration began, in the ratio of thirty to fifty-six j and the value of the governor's salary had declined in the same proportion. The excise could neither be farmed nor collected ; and that part of the governor's salary, which was funded upon it, failed. The treasurer's accounts were unsettled. The soldiers, who had guarded the frontiers in the preceding war, were not paid ; nor were their muster-rolls adjusted. The public records of deeds were shut up; for the recorder's time having expired, and the api)ointment being by law vested in the assembly, no choice could be made. No authenticated papers could be ob- tained, though the agent was constantly soliciting for those which related to the controversy about Fort-Dummer, at that time before the king and council."' When the situation of the province was known in England, an i7'S0-'"l J'^ipi'ession to its disadvantage was made on the minds of its best friends ; and they even imagined that the governor's conduct was not blameless. f The language at court * [1749. Plaistow, Litchfield, Newtown, and Hampstead were incorporat- ed. The settlement of Walpole commenced. 1750. Salem and Bedford were incorporated. The last was one of the Narraganset townships. Tlie settlement of it commenced in the winter of 1 737, by Robert and James Walker, and in the year following, by John Gotfe, afterwards colonel, Matthew Patten, afterwards judge of probate, and captain Samuel Patten, and soon after by many others. See Coll. N. H. Hist. Soc. i. 288—296. . 1751. Derrjfield, now called Manchester, was incorporated.] t August 10, 1749, Mr Thomlinson wrote thus to Mr. Atkinson. 'I am ' Borry to find by your letters, and by every body from your country, the con- ' fusion your Province is in. I wish I could set you right. 1 cannot help ' thinking that the governor has done some imprudent things ; but the other * part}' is fundamentally wrong, and the governor will ahvaj's be supported as ' long as he conducts himself by his majesty's instructions, and in his right ' of negativing a speaker. Notwithstanding this, I am surprised that he, or ' any other governor, should not think it their interest, to behave so to all ' sortB of people under their government, as to make all their enemies their * friends, rather than to make their friends their enemies.' 1750-51.] PROVINCE. BENNING WENTWORTH. 303 was totally changed. The people of New-Hampshire wlio had formerly been in favor, as loyal and obedient subjects, were now- said to be in rebellion. Their agent was frequently reproached and mortified on their account, and was under great apprehension,, that they would suffer, not only in their reputation, but in their interest.' The agent of Massachusetts was continually soliciting for repayment of the charges of maintaining Fort-Dummer, and is was in contemplation, to take off a large district from the west- ern part of New-Hampshire, and to annex it to IMassachusetts, to satisfy them for that expense. Besides this, the paper money of the colonies was under the consideration of parliament ; and the province of Massachusetts was rising into favor for having abolish- ed that system of iniquity. The same justice was expected of New-Hampshire, since they had the same means in their power by the reimbursement granted to them by parliament for the Cape-Breton and Canada expedidons. This money, amounting to about thirty thousand pounds sterling, clear of all fees and com- missions, had lain long in the treasury ; and when it was paid to the agent, he would have placed it in the funds, where it might have yielded an interest of three per cent ; but having no direc- tions from the assembly, he locked it up in the bank. This was a clear loss to them of nine hundred pounds per annum. Tliere were some who reflected on the agent, as if he had made an ad- vantage to himself of this money. Had he done it, his own cap- ital was sufficient to have answered any of their demands ; but it was also sufficient to put him above the necessity of employing their money, either in trade or speculadon. It had also been suggested, that Thomlinson, at the governor's request, had solicited and procured the instrucdon, which had occasioned this unhappy stagnaUon of business. When this sug- gestion came to his knowledge, he exculpated himself from the charge, in a letter which he wrote to a leading member of the assembly ; and gave a full account of the matter as far as it had come to his knowledge. He said, that the governor himself had stated the facts in his letters to the ministry ; concerning his call- ing of the new members, in 1745, and their exclusion from the assembly, with the reasons given for it; and had desired to know (1) Thomlinson's MS. letters. October 19, 1749, Mr. Atkinson wrote thus in answer. ' I am supposed ' by many people to be privy to ail the governor's transactions here, which is ' totally without foundation. I never saw a letter which he wrote home, nor ' any he received, only, when any of them were communicated to the counciJ ' or assembly; nor any of his speeclies or messages. So that, really I cannot ' be said to advise. Neitlier do I see what reason the people have to complain. ' His greatest enemies are now of the assembly, and in all tiie controversy, ' not one particular instance of injustice or oppression hath been mentioned * by them ; and when you read over their several messages, and votes, yon ' will not discover any inclination to conceal the leaat failing h« had been th» ' author of.' 304 HISTORY OF NEW-HAMPSHIRE. [1750-51. the king^s pleasure, and to have direclions how to act.^ That the ministry, without any exception or hesitation, had pronounced his conduct conformable to his duty. That nevertheless, the board ■of trade had solemnly considered the matter, and consulted coun- :sel, and had summoned him, as agent of the province, to attend their deliberation. Their result was, that as the crown had an indisputable riglit to incorporate any town in England, and qualify .it to send members to parliament, so the same right and power .had been legally given to all the governors in America ; by means of which, all the assemblies in the king's governments, had in- :creased in number, as the colonies had increased in settlements. Tliat any other usage in calling representatives was wrong ; al- though it might have been indulged, when the province was under the same governor with Massachusetts. This was all which pass- ed before the additional instruction came out, which was sent through the hands of the agent. As it was founded on a question concerning the rights and prerogatives of the crown ; he argued the absurdity of supposing, either that it had been solicited, or that any attempt to have it withdrawn could be effectual. His advice was, that they should submit to it ; because, that under it, they would enjoy the same rights and privileges with their fellow sub- jects in England, and in the other colonies ; assuring them, that the then reigning prince had never discovered the least inclination to infringe the constitutional rights of any of his subjects. This advice, however salutary, had not the intended effect. Instead of submitting, the party in opposition to the governor, framed a complaint against him, and sent it to London, to be presented to the king. If they could have prevailed, their next measure would have been, to recommend a gentleman, Sir William Pepperrell, of Massachusetts, for his successor. This manoeuvre came to the ears of Thomlinson j but he was under no necessity to exert himself on this occasion: for the person to whose care the address was intrusted, considering the absurdity of complaining to the king, against his governor, for acting agreeably to his in- structions, was advised not to present it.^ This disappointment vexed the opposition to such a degree, that they would have gladly ■dissolved the government, and put themselves under the jurisdic- tion of Massachusetts, had it been in their power. But, finding all their efforts ineffectual, either to have the instruction with- drawn, or the governor removed, they consoled themselves with this thought, that it was ' better to have tv^^o privileges taken from ^ them, than voluntarily to give up one.'* (1) MS. letter of Thomlinson to H. Sherburne, Nov. 13, 1749. (2) MS. letters of Thomlinson. * [1750. A singular and splendid appearance in tlie heavens was noticed in the eastern part of New-Hampshire, of whicli I find the following account in an interleaved almanack, kept by a gentleman of Portsmouth. '■ 30 August. This evening I was suddenly surprised b}' an explosion in 1752.] PROVINCE. BENNING WENTWORTH. 305 The time for which the assembly was elected having expired, a new one was called in the same manner. They came ,,^rc} together with a spirit of moderation, and a disposition to transact the long neglected business. The members, from ''"' the new towns, quietly took their seats. An unexceptionable speaker, jMeshech Weare, was elected. A recorder was ap- pointed. A committee was chosen to setde the treasurer's ac- counts, and a vote was passed for putting the reimbursement money into the public funds in England.^ The governor's salary was augmented, and all things went on smoothly. The party which had been opposed to the governor, declined, in number and in virulence. Some had been removed by death ; others were softened and relaxed. A liberal distribution of commissions, civil and military, was made, and an era of domestic reconciliation commenced. The controversy respecting Fort-Dummer, and the fear of losing a district in that neighborhood, quickened die governor to make grants of several townships in that quarter, on both sides of Connecticut river ; chiefly to those persons who claimed the same lands, under the Massachusetts title. The war being over, die old inhabitants returned to their plantations, and were strength- ened by additions to their number. It was in contemplation, to extend the settlements, farther up Connecticut river, to die rich meadows of Cohos. The plan was, to cut a road to that place; to lay out two townships, one on each side of the river, and oppo- site to each other; to erect stockades, with lodgments for two hundred men, in each township, enclosing a space of fifteen acres ; in the centre of which was to be a citadel, containing the public buildings and granaries, which were to be large enough to receive all the inhabitants, and their moveable effects, in case of necessity. - As an inducement to people to remove to this new plantation ; they were to have courts of judicature, and other civil privileges among themselves, and were to be under strict military discipline. A large number of persons engaged in this enterprise ; and they were the rather stimulated to undertake it, because it was feared, that the French, who had already begun to encroach on the ter- ritory claimed by the }3ritish crown, would take possession of this valuable tract, if it should be left unoccupied. In pursuance of this plan, a party was sent up in the spring of 1752, to view the meadows of Cohos, and lay out the proposed townships.*^ The Indians observed them, and suspected their (1) Records of assembly. Atkinson's MS. letters. (2) Atkinson's MS. letters. (3) MS. letters of Col. Israel Williams. the air. It was a quarter after nine, and the sky as free from clouds and thick of stars as 1 ever saw it. It appeared as if the sky opened in the South about half way from the horizon, as large as the broad side of a house, and the flame as deep a color as any fire I ever saw. It closed up gradually, and was near two minutes before it disappeared."] 41 306 HISTORY OF NEW-HAMPSHIRE. [1752. intentions. The land '.vas theirs, and they knew its value. A party of the Aresaguntacook, or St. Francis tribe was deputed, to remonstrate against this proceeding. They came to the Ibrt at Number-Four, with a flag of truce ; pretending that they had not heard of the treaty of peace, which liad been made with the several Indian tribes. They complained to Captain Stevens, of the encroachment which was meditating on their land; and said, that they could not allow the English to settle at Cohos, when they owned more land already than they could improve ; and, that if this settlement were pursued, they should think the English had a mind for war, and would resist them. This threatening being communicated to the governor of Massachusetts, and by him to the governor of New-Hampshire, threw such discouragement on the project that it was laid aside. The Indians did not content themselves with remonstrating and threatening. Two of the same tribe named Sabatis and Chrisii, . ., came to Canterbury ; where they were entertained in a friendly manner for more than a month. At their departure, tliey forced away two negroes ; one of whom escaped and return- ed ; and the other was carried to Crown-Point and sold to a French officer. ^ A party of ten or twelve of the same tribe, „ commanded by Captain Moses, met with four young men who were hunting on Baker's river. One of these was John Stark.- When he found himself surprised and fallen into their hands, he called to his brother William Stark, who being in a canoe, gained the opposite shore, and escaped. They fired at the canoe, and killed a young man who was in it."' John received a severe beating from the Indians for alarming his brother. They carried him and his companion, Eastman, up Connecticut river, through several carrying places, and down the lake JMemphrema- gog to the head quarters of their tribe. There they dressed him in their finest robes and adopted him as a son. This early captiv- ity, from which he was redeemed, qualified him to be an expert partisan, in the succeeding war ; from which station, he afterward rose to the rank of brigadier-general in the armies of the United States.* The next year, Sabatis, with another Indian named Plausawa, came to Canterbury ; where, being reproached with the niiscon- ^^fj duct respecting the negroes, he and his companion behaved in an insolent manner. Several persons treated them very "®' freely with strong liquor.'* One followed them into the woods, and killed them, and by the help of another, buried them ; but so shallow, that their bodies were devoured by beasts of prey, (1) MS. depositions. (2) Shirley's printed conference, 1754. (3) Inform- ation of W. Stark. (4) MS. depositions. * [1752. The towns of Chesterfield, Westmoreland, Walpole and Rich- mond we're incorporated.] 1752.] rROVINCE. BENNING WENTWORTFI. 307 and their bones lay on the ground.* By the treaties of peace, it had been stipulated, on the one part, that if any of the Indians should commit an act of hostility against the English, their young men should join with the English in reducing such Indians to sub- mission ; anil on the other hand, that if an Englishman should injure any of them, no private revenge should be taken ; but ap- plication "should be made to the government for justice. In the autumn of the same year, a conference being held, with the east- ern Indians, by the government of Massachusetts, a present was made to the Aresaguntacook tribe, expressive of an intention to wipe away the blood. They accepted the present, and ratified the peace which had been made in 1749.^ f (1) Printed conference, 1753. ^ [Tlie names of the persons concerned in the death of these Indians, it appears from the Rev. Mr Price's History of Boscawen, p. 44, were Bowen and Morril. The circumstances of their death are particularly narrated in an article entitled Indian Bridge, in the Coll. of Farmer and Moore, iii. 27— 2{). It appears from ihai account, that the person who killed them was Peter Bow- en, to whose house in Contoocook, (Boscawen) he invited them to stay dur- ing the nijrht. " They had heen in a surly mood and had used some threats to two perlions who offered to trade with them that day, but became in better humor on being freely treated with rum by their host. The night was spent in a drunken^lndian frolic, for which Bowen had as good a relish as his guests. As they became intoxicated, he fearing that they might do mischief, took the precaution to make his wife engage their attention, wliile he drew the charges from tlieir guns. The next morning, they asked Bowen to go with his horse, and carry their baggage to the place where their canoe was left the evening before. He went and carried their packs on his horse. As they went, Sabatis proposed to run a race with the horse. Bowen suspecting mis- chief was^intended, declined the race, but finally consented to run. He how- ever, took'care to let tiie Indian outrun the horse. Sabatis lauglied heartily at Bowen, because his horse could run no faster. They then proceeded ap- parently in good humour. After a while, Sabatis said to Bowen — " Bowen walk woods," — meaning " go v/ith me as a prisoner." Bowen said, " No walk woods, all one brothers." °They went on until they were near the canoe, when Sabatis proposed a second race, and lliat the horse should be unloaded of the baggage and should start a little before hiin. Bowen refused to start so, but consented to start together. They ran, and as soon as the horse had got a little before the Indian, Bowen heard a gun snap. Looking round, he saw the smoke of powder, and the gun aimed at him. He turned and struck his tomahawk in the Indian's head. He went back to meet Plausawa, who seeing the fate of Sabatis, took aim with his gun at Bowen. The gun flash- ed. Plausawa fell on his knees and begged for his life. He pleaded his in- nocence, and former friendship for the English; but all in vain. Bowen knew there would be no safety for him while the companion and friend of Sabatis was living. To secure himself, he buried the same tomahawk in the skull of Plausawa. Tliis was done in the road on the bank of Merrimack riv- er, near the northerly line of Boscawen. Bowen hid the dead bodies under a small bridge in Salisbury. The next spring the bodies were discovered and buried."] t[]75n. Keene, Charlestown. Swanrey, Winchester and Hinsdale were incorporated. Swanzey was first granted by Massachusetts in 1734, to 64 proprietors, whose first meeting was hojilen at Concord. Mass., 27 .Tune, that year. Until its incorporation by New-Hampshire, it was called Lou-cr-Ashne- lot, from the Indian name of the river, which was originally Ashaelock. From 1741 to 1747, this town suffered much from Indian depredations. Several of the inhabitants were killed and some were made prisoners. The province of Massachusetts, under whose jurisdiction this town had remained thirteen 308 HISTORY OF NEW-HAMPSHIRE. [1754, The two men who killed Sabatis and Plausawa, were appre- hended and brought to Portsmouth. A bill was found against •r^e.A them by the grand jury, and they were confined in irons. In the niglit, before the day appointed for their trial, an armed mob from the country, with axes and crows, forced the ])rison, and carried them off in triumph. A proclamation was issued, and a reward oflered by the governor for apprehending the rioters ; but no discovery was made, and the action was even deemed meritorious.^ The next summer, another conference was held at Falmouth, at which commissioners from New-Hamp- shire assisted. The Aresaguntacooks did not attend ; but sent a message purporting that the blood was not wiped away. The commissioners from New-Mampshire made a handsome present, to all the Indians, who appeared at this conference ; which ended as usual, in the promise of peace and friendship.^ CHAPTI]R XXII. The last French and Indian war, whicli terminal, d in the conquest of Canada- Controversy concerning the lands westward ^."Connecticut river. By the treaty of Aix la Chapelle, in 1 748, it was stipulated, that ' all tilings should be restored, on the footing they were * before the war.'*^ The island of Cape-Breton was accordingly restored to France ; but the limits of the French and English territories on the continent, were undetermined ; and it was the policy of both nations to gain possession of important passes, and to which each had some pretensions, to hold them, till the limits should be settled by commissioners mutually chosen. These commissioners met at Paris ; but came to no decision. By the construction of charters and grants from the crown of England, her colonies extended indefinitely west- ward. The French had setdements in Canada and Louisiana, and they meditated to join these distant colonies, by a chain of forts and posts, from the St. Lawrence to the Mississippi ; and to extend the limits of Canada, as far eastward, as to command uav- (1) MS. letters of Governor Wentworth. (2) Printed conference.— (3) Printed treaty. years, having withdrawn her protection, and left the people in a defenceless slate, and exposed to the fury of the savages,' tlie settlers abandoned the place, and nianv of them returned to their former ])laces of residence in Massachu- setts. The Indians very soon set fire to their forts, which, with every house except one, tiiey reduced to ashes. They returned about three years after- wards, when nothing but desolation and ruin was to be seen about their form- er habitations. They recommenced their settlements, and were not after- wards molested by the Indians. N. H. Gazetteer, 248. 1755. Madbury was incorporated. 175(). Sandown was incorporated.] 1754.] PROVINCE. BENNING WENTWORTH. 399 igatioii in the winter, when the great river St. Lawrence is impas- sable. These claims of territory, extending on the one part from east to west, and on the other from north to south, necessarily in- terfered. The colonies of Nova-Scotia, New- York and Virginia, were principally affected by this interference ; and the encroach- ments made on them by the French, were a subject of complaint, both here and in Europe. It was foreseen that this controversy could not be decided but by the sword ; and the English determined to be early in ^r-r^ their preparations. The Earl of Holderness, secretary of state, wrote to the governors of the American colonies, recom- mending union for their mutual protection and defence. A meeting of commissioners from the colonies, at Albany, having been appointed, for the purpose of holding a conference with the Six Nations, on the subject of French encroachments, within their country; it was proposed, by Governor Shirley, to the several ^ governors, that the delegates should be instructed on the subject of union.* At the place appointed, the congress was held ; consisting of delegates from Massachusetts, New-Hampshire, Rhode- j^^^^ ^^ Island, Connecticut, Pennsylvania and Maryland ; with the lieutenant-governor and council of New-York. They took their rank in geographical order, beginning at the north. One member from each colony was appointed to draw a plan of union ; Hutchinson of ]\Iassachusetts, Atkinson of New-Hampshire, Hop- kins of Rhode-Island, Pitkin of Connecticut, Smith of New-York, Franklin of Pennsylvania, and Tasker of Maryland.- The sub- stance of the plan was, that application be made, for an act of parliament, to form a grand council, consisting of delegates from the several legislative assemblies, subject to the control of a presi- dent-general, to be appointed by the crown, with a negative voice. That this council should enact general laws ; apjiortion the quotas of men and money, to be raised by each colony ; determine the building of forts ; regulate the operations of armies ; and concert all measures for the common protection and safety. The dele- gates of Connecticut alone, entered their dissent to the plan, be- cause of the negative voice of the president-general. It is worthy of remark, that this plan, for the union of the colonies, was agreed to, on the fourth day of July ; exactly twenty-two years before the declaration of American Independence, and that the name of Franklin appears in both.*f (1) Shirley's letters and speeches. (2) Atkinson's MS. Journal. * [The plan of a proposed union of tlie several colonies of Massachusetts- Bay, New-Hampshire, Connecticut. Rhode-Island, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, North-Carolina, and South-Carolina, for their mutual defence and security, and for extendinpj the British settlements in North-America, with the reasons and motives for each article of the plan, (as far as could be remembered) is given entire in the Works of Franklin, Philadelphia edition, 1600, vol. iv.p.5 — 38.] 310 HISTORY OF NEW-HAMPSHIRE. [1754. With the j)laii of union, a representation was made to the king, of the danger in which the colonies were involved. Copies of both were laid before the several assemblies. They were fully sensible of their danger from the French ; but they ap])rehended greater danger from the plan of union. Its fate was singular. It was rejected in America, because it was supposed to put too much ))ower into the hands of the king ; and it was rejected in England, because it was supposed to give too much power to the assemblies of the colonies. The ministry made another proposal ; that the governor, v>ith one or two membersof the council, of each colony, should assemble, aid consult for the common defence, and draw on the British treasury for the sums expended ; which should be raised by a general tax, laid by parliament, on the colonies. ' — But this was not a time to push such an alarming innovation ; and when it was found impracticable, the ministry determined to em- ploy their own troops, to fight their battles in America, rather than to let the colonists ieel dieirown strength, and be directed by their own counsels. To draw some aid however from the colonies was necessary. Their militia might serve as guards, or rangers, or laborers, or do garrison duly, or be employed in other inferior offices ; but Brit- ish troops, commanded by British ofllcers, must have the honor of reducing the French dominions in North America. The savage nations in the French interest were always ready, on the first appearance of a rupture, to take up the hatchet. It was the policy of the French government, to encourage their depredations, on the frontiers of the English colonies, to which they had a native antipathy. By this means, the PVcnch could make their enemies pay the whole expense of a war ; for all the supplies, which they afforded to the Indians, were amj)ly compen- sated, by the ransom of captives. In these later wars, therefore, we find the savages more dextrous in taking captives, and more tender of them when taken, than in former wars ; which were carried on with circumstances of greater cruelty. No sooner had the alarm of hostilities, which commenced be- tween the English and French, in the western part of Virginia, spread through the continent; than the Indians renewed their attacks on the frontiers of New-Hampshire.* A party of them (1) Franklin's Examination, l/fiG. t At tliis congress, a present from the crown was distributed to the Indians. The commissioners of New-Hampshire. Atkinson, Wil)ird, Sherburne and "Weare, by direction of the assembly, made them a separate present. It is a custom among the Si.\ Nations to give a /irtmr to tlieir benefactors on such oc- casions. The name which they gave to tlie province of New-Hampshire was So-sairtiax-ovmnc. I have inquired of the Rev. Mr. Kirkland, the meaning of this name: He informed me that 6'o signifies, again; saguar, a. visn ; and oiranf, large. * [On the Ifi May. Nathaniel Meloon, who had recently removed his fam- ily from the fort in Contoocook to Stovens-town, now the west part of Salis- bury, waa captured by the Indians, together witli his wife and four children, 1754.] PROVINCE. BENNING VVENTWORTH. 3J| made an assault, on a f\iniily at Baker's-town, on Peinigewasset river ; where tliey killed a woman, and took several cap- . ^ ,- tives.* Within three days, they killed a man and woman at Steven's-town in the same neighborhood; upon which °' ^'" the settlements were broken up, and the people retired to tho lower towns lor safety, and the government was obliged to post soldiers in the deserted places.* After a few days more, a „ on they broke into the house of James Johnson, at Number- Four, early in the morning, before any of the family were awake ; and took him, with his wife and three children, her sister jNlifiani Willard, and two men, Peter Laboree and Ebenezer Farnsworih. The surprisal was complete and bloodless, and they carried them oft' undisturbed. The next day, Johnson's wife was delivered of a daughter, who from the circumstance of its birth was named Captive. The Indians halted one day, on the woman's account, and the next day resumed their march ; carrying her on a litter, which they made for the purpose, and afterwards put her on horse-back. On their march, they were distressed for provision ; and killed the horse for food. The infant was nourished, by sucking pieces of its flesh. When they arrived at Montreal, Johnson obtained a parole, of two months, to return and solicit the (1) Council minutes. viz. Rachel, John, Daniel and Sarah. Nathaniel his eldest son escaped. — Tliey were carried to Canada, and upon their arrival there, the children were separated, and sold to the P^rencli. Mr. Meloon and wife were permitted to live together, and their son Joseph, lately living in Salisbury, in this state, was born in their captivity in 175-5. After a servitude of more than three years in Canada, the parents, with their three sons, were shipped for France ; but on tiieir voyage, near the Grand Banks, were taken by tire British, and safely landed at Portland, in Maine, from whence they travelled by land, and returned home after an absence of four years, of tedious captivity. Their daughter Rachel, who was nine years when taken, returned after nine year;*, though much against her inclination. She had become much attached to the Indians, had learned their language and could sing their songs, and ever after retained a partialit}' for their manners and habits. Sarah the youngest child is supposed to have died soon after their arrival in Canada. Rachel the mother was the second woman who moved into the town of Salisbury. Sho lived until 1S04, wlien she died at the age of 94. Price, Hist, of Boscawen, 113.— Coll. of N. PI. Hist. Soc. i"i. 2G.— Coll. of Farmer and Moore, ii. 37G.— Gazetteer of N. H. by do. 233. — Hough's Concord Courier, lJ;04. — MS. letter Moses Eastman, Esq.] *' [Tlie woman killed was the wife of Philip Call. Timothy Cook, son of Elisha Cook who was killed in 174G (see page 289.) was killed at the same time. The captives were Samuel Scribner and Robert Barber of Salisbury, wliow ere both sold to the French, and Enos Bishop of Boscawen, wlio arrive(i in thirteen days at St. Francois, and within eight weeks, was sold to a Frencii gentleman at Montreal for 300 livres. On the 26 September, the next year, he, with two others escaped from Montreal, and after travelling twenty-si.x: days, eighteen of which were without any food other than what the wilder- ness afforded them, he arrived at Charlestown, and from tlience returned to their friends. A sum of money had been raised for his ransom, but the per- son by whom it was sent, converted it to his own use. After liis return, Bish- op represented his sufferings to the general court, and received jG50 from tlie public treasury. Price, Hist. Boscawen, 113, 114. — Farmer and Moore, Hist. Coll. i. 02, 63.— Gazetteer of N. H. 233.— Papers in Secretary's office.] 31-2 HISTORY OF NEW HAMPSHIRE. [1754. means of rcilemplionJ He ap{)lied to the assembly of Nevv- „ J,. Hampshire, and after some delay obtained one luiiidred and fifiy pounds sterling.- But the season was so far ad- vanced, and the winter proved so severe, that he did not reach Canada till the spring. He was then charged with breaking his parole ; a great part of his money was taken I'rom him by violence ; and, he was shut up with his family in prison ; where they took the small pox, which they happily survived. After eighteen months, the woman, with her sister, and two daughters, were sent in a cartel ship to England ; and thence returned to Boston. — Johnson was kept in prison three years ; and then, with his son, returned and met his wife in Boston ; where he had the singular ill fortune, to be suspected of designs unfriendly to his country, aad was again imprisoned ; but no evidence being produced against him, he was liberated. His eldest daughter was retained in a Canadian nunnery. "^ The fort and settlement at Nimiber-Four, being in an exposed situation, required assistance and support. It had been built by Massachusetts when it was supposed to be within its limits. It was projected by Colonel Stoddard of Northampton, and was well situated, in connection with the other forts, on tlic western frontier, to command all the paths by w^hich the Indians travelled from Canada to New-England. It was now evidently in New-Hamp- shire ; and Shirley, by advice of his council, applied to Went- worth, recommending the future maintenance of tliat post, to the care of his assembly; but they did not think themselves interested in its preservation, and refused to make any provision for it. '' The inhabitants made several applications for the same purpose ; but were uniformly disappointed. They then made pressing re- monstrances to the assembly of IMassachusetts, who sent soldiers for the defence of that post, and of Fort-Dummer, till 1757; -5 when they supposed that the commander in cbief of the king's forces would take them under his care, as royal garrisons. It •was also recommended to the assembly of New-Hampshire to ;huild a fort at Cohos; but this proposal met the same fate. The next spring, three expeditions were undertaken against the French forts. One against Fort du Quesne, on the Ohio, -,^1-r was conducted by General Braddock ; who was defeated and slain. Another against Niagara, by Governor Shirley, which miscarried ; and a third against Crown-Point, by General •Johnson. For this last expedition, New-Hampshire raised five hundred men, and put them under the command of Colonel Jo- seph Blanchard.* The governor ordered them to Connecticut (1) Olcott's MS. letter. (2) Assembly records. (3) [Narrative of the cap- tivity of Mrs. Jolinson, in the. Collections of Farmer and Moore for 1822, vol. i. 17'7— 239.] (4) Shirley's MS. letters. (5) Massachusetts Records. * [Colonel Blanchard was of Dunstable, where he was born 11 February, 1 705. He was appointed by mandamus, one of the counsellore of New-Hamp- 1754.} PROVINCE. BENNING WENTWOllTII. 3] 3 river, to build a fort at Cohos, siipposins; it to be in their way to Crown-Point. Tiicy first rnarclied to leaker's town, where they began to build balteaux, and consumed their time and provisions to no purpose. By Shirley's advice, they quitted that iutile em- ployment, and made a fiitiguing march through the woods, by the way of Number- Four, to Albany. Whilst Johnson lay encamped at Lake George, with his other forces, he posted the New-Hamp- shire regiment at Fort Edward. On the eighth of September, he was attacked in his camp, by Baron Dieskau, commanding a body of French regular troops, Canadians and savages. On the morn- mg of that day, a scouting party from Fort Edward discovered wagons burning in the road ; upon which Captain Nathaniel Fol- som was ordered out, with eiglity of the New-Hampshire regiment, and forty of New-York under Captain McGennis. When they came to the place, they found the wagoners and the cattle dead ; but no enemy was there. Hearing the report of guns, toward the lake, they hasted thither; and having approached within (wo miles, found the baggage of the French army, under the care of a guard, whom they attacked and dispersed. When the retreating army of Dieskau appeared, about four of the clock in the afternoon, Folsom posted his men among the trees, and kept up a well di- rected fire, till night ; the enemy retired, with great loss, and he made his way to the camp, carrying his own wounded, and several French prisoners, with many of the enemy's packs.^ This well- timed engagement, in which but six men on our side were lost, deprived the French army of their ammunition and baggage ; the remains of which were brought into camp the next day. - After this, the regiment of New-Hampshire joined the army. The men were employed in scouting, which service they perform- ed in a manner so acceptable, that no other duty was required of them. Pardes of them frequently went within view of the French fort at Crown-Point ; and at one time they brought off the scalp of a French soldier, whom they killed near the gate.^ After the engagement on the 8th of September, when it was found necessary to reinforce the army, a second regiment, of three hundred men, was raised in New-Hampshire, and put under the command of Colonel Peter Oilman. These men were as alert, and indefatigable as their brethren, though they had not opportu- nity to give such convincing evidence of it. The expedition was no farther pursued ; and late in autumn the forces were disbanded and returned home. (1) Folsom's information. (2) Johnson's printed letter. (3) Atkinson's MS. letters. shire in 1740, and sustained the office until his death, 7 April, 1758. He was distinguished as a land surveyor, and in conjunction with Rev. Samuel Lang- don, prepared a map of New-H.ampshire, which was published in 17CI, bein^ inscribed to the Hon. Charleg Townsend, his majestys secretary at war, and ona of the privy council.] 42 314 HISTORY OF NEW-IIAMPSHIRE. [1755. The exertions made for tlic reduction of Crown-Point, not only failed of their object, but provoked the Indians, to execute their mischievous designs, against the frontiers of New-Hamp- shire ; which were wholly uncovered, and exposed to their full force. Between the rivers Connecticut and St. Francis, there is a safe and easy communication by short carrying-places, with which they were perfectly acquainted. The Indians of that river, therefore, made frequent incursions, and returned unmolested with their prisoners and booty. At New-Hopkinton, they took a man and a boy ; but perceiv- ing the approach of a scouting party, they fled and left their cap- tives. At Keene, they took Benjamin Twitchel, and at Walpole they killed Daniel Twitchel, and a man named Flint. -^ At the same place. Colonel Bellows, at the head of twenty men met with a party of fifty Indians ; and having exchanged some shot, and killed several of the enemy, he broke through them and got into the fort ; not one man of his company being killed or wound- ed. f After a few days, these Indians, being joined by others to the number of one hundred and seventy, assaulted the garrison of John Kilburn, in which were himself, John Peak, two boys and several u-omen ; who bravely defended the house and obliged the enemy to retire, with considerable loss. Peak was mortally wounded. 2 J Some of these Indians joined Dieskau's army, and (1) Sumner"s MS. letter. (2) Fessenden's MS. letter. * [They had gone back to the hills, about a mile east from tlie settlement, to procure some timber for oars. One of them was scalped ; tlie other they cut open and took out his heart, cut it in pieces and laid them on his breast. Their bodies were buried near where tliey were found ; and a ridge of land, the west side of the road, about two miles nortli of Walpole village, towards Drewsville, points out the spot hallowed by the remains of tiie first victims of Indian massacre in the town of Walpole. Coll. N. H. Hist. Soc. ii. 51, 52.} i [It appears that Colonel Bellows and his men were returning home, each haviiig a bag of meal on his back. From the motions of the dogs, they sus- j)ected the near approach of the enemy. The colonel ordered all his men to throw oft" the meal, advance to an eminence before them, carefully crawl up the bank, spring upon their feet, give one wlioop, and then drop into the sweet fern. This manoeuvre had the desired effect; for as soon as tlie whoop was (riven, the Indians all arose from their ambush in a semicircle around the path Bellows was to follow. His men immediately fired which so disconcert- ed the plans and expectations of the Indians, that they darted away into the bushes witliout fa-ing a gun. Finding their number too great for his, tlie col- onel ordered his men to file off to the south and make for the fort. Ibid. ii. 55, 50.] t [The defence of Kilbnrn's garrison, of which a particular account is given in the Coll. N. II. Hist. Soc. ii. 55 — 57, was one of tlie most heroic and suc- cessful efforts of personal courage and valor recorded in tlie annals of Indian warfare. The number of Indians was about 200, some accounts say 400, against whom, John Kilburn, his son John, in his If^th year, John Peak (whose name was erroneously ])rinted Pike in tlie former editions) and his son, and the wife and daughter of Kilburn, were obliged to contend for their lives. — The leader of the Indians, named Philip, was well acquainted with Kilburn, and having approached near the gnrrison and secured iiimself behind a tree, called out to those in the house to surrender. " Old John, young John," eaid he, " I know you, come out here : — We give you good quarter." " Quarter," 1755.] PROVINCE. BENNING WENTWORTII. 315 were in the battle at Lake George. At Number-Four, they killed a large number of cattle, and cut off the flesh. At Hinsdale, they attacked a party, who were at work in the woods ; killed John Hardiclay and John Alexander, and took Jonathan Colby. The others escaped to the fort. Within a few days afterward, they ambushed Caleb Howe, Hilkiah Grout, and Benja- min GafTield, as they were returning from their labor in the field. Howe was killed ; GafBeld was drowned in attempting to cross the river ; and Grout made his escape. The Indians went directly to Bridgman's fort, where the families of these un- fortunate men resided. They had heard the report of the guns, and were impatient to learn the cause. ]3y the sound of feet without, it being in the dusk of the evening, they concluded that their friends had returned, and too hastily opened the gate to re- ceive them ; when to their inexpressible surprise, they admitted the savages, and the three families, consisting of fourteen persons, were made captives.*^ After the defeat and death of Braddock, the chief connnand of the operations against the enemy fell into the hands of Shirley ; (1) Gay's MS. letter. vociferated Kilburn, with a voice of thunder, '• you black rascals, begone, or we'll quarter you." The Indians soon rushed forward to the attack, but were repulsed by Kilburn and his men, who were aided by the females in running- bullets and in loadins: their guns, of which they had several in the house. All the afternoon, one incessant firing was kept up till near sundown, when the Indians began to disappear ; and as the sun sunk behind the western hills, the sound of the guns, and the cry of the war whoop died away in silence. — Peak, by an imprudent exposure before the port hole, received a ball in his hip, which, for want of surgical aid, proved fatal on the 5th day. Kilburn lived to see the town of Walpole populous and flourishing, and his fourth generation on the stage. On a plain unpolished stone in Walpole burying ground is the following inscription : " In Memory of JOHN KILBURN, who departed this life for a better, April 8th, 1789, in his 85th year of his age. He was the first settler of this town in 1749." His son John spent the last years of his life in the town of Shrewsbury, Vermont, and died in 1822, at the same age of his father. Ibid. ii. 55 — 58. Rev. Mr. Fessenden in the letter referred to, says, " but four families settled in town until after the reduction of Canada."] * One of these, the wife of Caleb Howe, was thofair cajjtire, of whom such a brilliant account is given in the life of General Putnam, jtublislied by Col- onel Humphreys. She is still living at Hinsdale, and has obliged the author with a particular narrative of her sufferings and deliverance. This account, drawn up by the Rev. Mr. Gay. is too long to be here inserted, and too enter- taining to be abridged ; but will probably be published at some future time. [It appeared in the appendix to the iii. volume.] As to that part of the story, that tlie people of Hinsdale chose her to go to Europe, as theiragentin aca.se of disputed lands; it was never known or thought of by them till the life of Putnam appeared in jjrint. Gay's MS. letter. [Eunice, the wife of Benja- min Gaflield, after having been carried to Canada and sold tothe French, was sent to France, from th5. 1760.1 PROVINCE. BENNING WENTWORTH. 321 road* through the woods, directly toward Crown-Poiiit. In this work, they made such despalcli, as to join that part of the army which Amherst had left at Crown-Point, twelve "^' " days hefore their embarkation. They proceeded down Uie lake, under the command of Colonel Haviland. The enemy made some resistance at Isle au Noix, which stopped their pro- gross for some days, and a few men were lost on both °' sides. ^ But this post being deserted, the forts of St. John and Chamblee became an easy conquest, and finally Montre- al capitulated. This event finished the campaign, and ^^' ' crowned Amherst with deserved laurels. f Whilst the New-Hampshire regiment was employed in cutting the new road, signs of hovering Indians were frequently discover- ed, though none were actually seen. But they took the family of Joseph Willard, from Number-Four, and carried them into I\ion- treal just before it was invested by the British army.^ The conquest of Canada, gave peace to the frontiers of New- Hampshire, after a turbulent scene of fifteen years ; in which, with very little intermission, they had been distressed by the ene- my. Many captives returned to their homes ; and friends who had long been separated, embraced eacli other in peace. The joy was heightened by this consideration, that the country of Can- ada, being subdued, could no longer be a source of terror and distress. The expense of this war, was paid by a paper currency. — Though an act of parliament was passed in 175 J, prohibiting the governors, from giving their assent to acts of assembly, made for such a purpose ; yet by a proviso, e;itraordinary emergencies were excepted. Governor Wentworth was slow to take advan- tage of this proviso, and construed the act in a more rigid sense than others ; but his friend Shirley helped him out of his difficul- ties. In 1755, paper bills were issued under the denomination of new tenor ; of which, fifteen shillings were equal in value to one dollar. Of this currency, the soldiers v:ere promised thirteen pounds ten shillings per month ; but it depreciated so much in the course of the year, that in the muster rolls, their pay was made (1) Macclintock's MS. journal. (2) Olcott's MS. letter. * This new road began at AVentworth's ferry, two miles above the fort at No. 4, and was cut 2() miles ; at the end of which, they found a f)ath. made the year before ; in which they passed over the mountains, to Otter-Creek ; where they found a good road, which led to Crown-Point. Their stores were brought in wagons, as for as the 2(5 miles extended ; and tJien transported on horses over the mountains. A drove of cattle for the supply of the array went from No. 4, by this route, to Crown-Point. t [1760. The towns of Amherst, Peterborough, Plawke, Boscawen, and Bath were incorporated. Peterborough had been settled as early as 1739, by a small number of Scotch Presbyterians. See nn account of this town in Farmer and Moore's Collections, i. 129 — 140. Amherst, Peterborough nnd Boscawen had many years before been granted by Massachusetts.] 43 322 HISTORY OF NEW-HAMPSHIRE. [1760. up at fifteen pounds. In 1756, there was another emission from the same plates, and their pay was eighteen pounds. In 1757, it was twenty-five pounds. In 1758, they had twenty-seven shill- ings sterling. In die three succeeding years, they had thirty shillings sterling, hesides a hounty at the time of their enlistment, equal to one month's pay.^ At length, sterling money hecame the standard of all contracts ; and though the paper continued passing as a currency, its value was regulated by the price of silver, and the course of exchange. It ought to be remembered as a signal favor of divine provi- dence, that during this war, the seasons were fruitful, and the colonies were able to supply their own troops with provisions, and the British fleets and armies with refreshments of every kind -_^. which they needed. No sooner were the operations of the war in the northern colonies closed, than two years of scarcity succeeded; (1761 and 1762) in which the drought of summer was so severe, as to cut short the crops, and render supplies from abroad absolutely necessary. Had this calamity attended any of the preceding years of the war, the distress must have been extreme, both at home and in the camp. During the drought of 1761, a fire raged in the woods, in the towns of Ear- rington and Rochester, and passed over into the county of York, burning with irresistible fury for several weeks, and was not ex- tinguished till a plentiful rain fell, in August. An immense quan- tity of the best timber was destroyed by this conflagration.* For the succeeding part of the war, a smaller body of men was required to garrison the new conquests ; whilst the British troops ^ _Po were employed in the West India islands. The success which attended their operations in that quarter, brought the war to a conclusion ; and by the treaty of peace, though many of the conquered places were restored, yet, the whole con- tinent of INorth-America remained to the British crown, and the colonies received a reimbursement of their expenses. The war being closed, a large and valuable tract of country, situated between New-England, New-York and Canada, was secured to the British dominions ; and it became the interest of the governors of both the royal provinces of New-Hampshire and New- York, to vie with each other, in granting diis territory and receiving the emoluments arising from this lucrative branch of their respective oflices. The seeds of a controversy on this subject hud been already sown. During the short peace which (1) Atkinson's MS. letters. * [1701 . The towns of Campton, Canaan, Dorchester, Enfield, Goffstown, Grantham, Groton, Hanover, Holderness, Lebanon, Lenipster, Lyman, Jjjme, Marlow, Newport, Orford, Plainfield and lliimney were incorporated by separate charters. 17G2. Wilton, New-Ipswich and New-Durham were incorporated.] 1762.] PROVINCE. BENNING WENTWORTH. 323 followed the preceding war, Governor Wentworth wrote to Gov- ernor Clinton, that he had it in command from the king, , _ .^ to grant the unimproved lands within his government; that the war had prevented that progress, which he had °'^' " hoped for in this business ; but that the peace had induced many people, to apply for grants in the western parts of New-Hamp- shire, which might fall in the neighborhood of New-York.^ He communicated to him a paragraph of his commission, describing the bounds of New-Hampshire, and requested of him a description of the bounds of Nevv-York.~ Before lie received any answer to this letter, Wentworth, presuming that New-Hampshire ought to extend as far westward as Massachusetts ; that is, to the distance of twenty miles east from Hudson's river, granted a township, six miles square, called Bennington ; situate twenty-four miles , -^o east of Hudson's river, and six miles north of die line of Massachusetts. Clinton having laid Wentworth 's letter before the council of New-York; by their advice answered him, that the province of New- York was bounded easterly by Connecticut river. ^ This claim was founded on a grant of King Charles the Second ; in which, ' all the land from the west side of Connecti- ' cut river, to the east side of Delaware bay,' was conveyed to his brother James, duke of York ; by whose elevation to the throne, the same tract merged in the crown of England, and descended at the revolution to King William and his successors. The prov- ince of New- York had formerly urged this claim against the colony of Connecticut; but for prudential reasons had conceded that the bounds of that colony should extend, as far as a line drawn twenty miles east of Hudson's river. The like extent was demanded by Massachusetts ; and, though New- York affected to call this demand ' an intrusion,' and strenuously urged their right to extend eastward to Connecticut river ; yet the original grant of Massa- chusetts, being prior to that of the duke of York, was a barrier which could not easily be broken. These reasons, however, it was said, could be of no avail to the cause of New-Hampshire, whose first limits, as described in IMason's patent, did not reach to Connecticut river ; and whose late extent, by the settlement of the lines in 1741, was no farther westward than ' till it meets with * the king's other governments.' Though it was agreed, between the two governors, to submit the point in controversy to the king ; yet the governor of New-Hampshire, continued to make grants, on the western side of Connecticut river, till 1754; when ^,-rA the renewal of hostilities not only put a stop to applications ; but prevented any determination of die controversy by the crown. During the war, the continual passing of troops through those lands, caused the value of them to be more generally known ; (1) Council Minutes. (2) New-York printed Narrative. Appendix, No. 3. (3) New- Hampshire book of Charters. 324 HISTORY OF NEW-HAMPSHIRE. [1754. and when liy the conquest of Canada, tranquillity was restored, they were eagerly sought hy adventurers and speculators. Went- worth availed himself ot" this golden opi)ortunity, and by advice of his council, ordered a survey to be made of Connecticut river for sixty miles, and three lines of townships on each side, to be laid ,_^. out. As applications increased, the surveys were extend- ed. Townships of six miles square were granted to va- " ^ rious petitioners ; and so rapidly did this work go on, that during the year 1761, not less than sixty townships were granted on the west, and eighteen on the east side of the river. Besides the foes and presents for these grants, which were undefined, a reservation was made for the governor, of five hundred acres in each township ; and of lots for public purposes.* These reser- vations were clear of all fees and charges. '^ The whole number .«^o of grants on the western side of the river, amounted to one hundred and thirty-eight ; and the extent was from Con- necticut river to twenty miles east of Hudson, as far as that river extended northerly ; and after that, westward to lake Champlain. The rapid progress of these grants filled the coffers of the governor. Those who had obtained the grants were seeking purchasers in all the neighboring colonies ; whilst the original inhabitants of Nev/-Hampshire, to whom these lands had formerly been prom- ised, as a reward for their merit in defending the country, were (1) Atkinson's MS. " [In most of the townships there was a reservation of a glebe of 350 acres, although tliere were but few EpiKCopalians in the province. P'roin a letter of Rev. itanna Cossit, written about the year 1773, some opinion may Ije formed respecting the condition of the Episcopal church in the western ])artof New- Hampshire at that period. He says there were " cliurch people settled scat- terin"- ibr above 150 miles on Connecticut river. The nearest of these to any clergyman is more than 130 miles. There are four towns in whicli the church people have met together the summer past, and read prayers and the best printed sermons they could get. The first of these towns is Jllstcad, where I assisted them two Sundays. They vvero very poorly furnished with prayer books and all others, and begged me to ask the society to give them some ; they being newly settled, were unable to buy. The next is Clarcinont, about 30 miles above, where Esq. [Samuel] Cole, the society's schoolmaster hath instructed so well in the church service, and likewise in singing, that I must say I never was at any place, where I thought divine service was performed with greater decency and sincerity. Seven miles west of this is S/jringjicId, in New-York government, where sundry families of the establishment meet and read prayers, but are very poorly furnished with books. Twenty-four miles above, Dr. Wheelock hatli a college, and informs the church people that he will supply them with ministers. There is a considerable number of church people opposite ]3r. Wheelock on N. York side of the river, and some on the same side with him, who constantly meet and read prayers among themselves. Forty miles above this is Harcr/iHI, where the summer past they read prayers, and liere. Gov. Wontworth intended I should make my head ((Uarters, if it lileasifd the society to nial;e me their missionary in those parts. I lore tiiej' are poorly furnished with books and desired me to beg the society to give them some." Mr. Cossit sailed for England for holy orders in December, 1772, and was ordained the next year by Uie bishop of London. He settled at Claremont as the first Episcopal minister of that place, from whence ho was recalled by the bishop to the island of Cape-Breton in 1785. He died at Yarmouth in Nova-Scotia in 18f5, aged 75.] 1763.1 PROVINCE. BENNING WENTWORTII. 325 overlooked in the distribution ; unless they were disposed to apply in the same manner, as persons from abroad ; or unless they happened to be in favor. When remonstrances were njade to the governor on this subject, his answer was, that the people of the old towns had been formerly complimented with grants in Chi- chester, Barnstead and Gilmanton,* which they had neglected to improve ; and that the new grantees were better husbandmen and would promote the cultivation of the province. ^ The passion for occupying new lands rose to a great height. These tracts were filled with emigrants from Massachusetts and Connecticut. Population and cultivation began to increase with a rapidity hitherto unknown ; and from this time may be dated the flourishing state of New-Hampshire ; which before had been circumscribed and stinted in its growth, by the continual danger of a savage enemy. f The grants on the western side of Connecticut river, alarmed the government of New- York ; who, by their agent, made appli- cation to the crown, representing ' that it would be greatly to the ' advantage of tlie people setded on those lands, to be annexed to ' New- York;' and submitting the cause to the royal decision. ^ In the mean time, a proclamation was issued by Lieuten- j^^^ gg ant-Governor Colden, reciting the grant of King Charles to the duke of York ; asserUng the jurisdiction of New- York as far eastward as Connecticut river ; and enjoining the sheriff of the county of Albany, to return the names of all persons, who, under color of the New-Hampshire grants, held possession of lands westward of that river. This was answered by a i^-g^ proclamation of Governor Wentworth, declaring the grant j^j^^. jg' to the duke of York to be obsolete, and that the western bounds of New-Hampshire were co-extensive with those of Mas- sachusetts and Connecticut; encouraging the grantees to maintain their possessions, and cultivate their lands; and commanding civil officers to execute the laws ancljounish disturbers of the peace. The application from New-York was referred to the board of trade ; and upon their representation, seconded by a report of a committee of the privy council, an order was passed, by jyj oq the king in council ; declaring ' the western banks of Con- ' necticut river, from where it enters the province of JMassachu- ' setts-Bay, as far north as the forty-fifth degree of latitude, to be (!) Information of the late P. Oilman and M. Weare. (2) Ethan Allen's Narrative, 1774, p. 1. * [This town was granted in 1727 to 24 persons of the name of Gilman and 152 others. Its permanent settlement did not commence until 27 December, 1701. See Coll. of Farmer and Moore, i. 72 — 79.] t [I7(j3. The towns of New-Boston, Haverhill, Croydon, Cornish, Thorn- ton, Warren, Plymouth, Lancaster, Alstead, Peeling, Sandwich, Candia, Gil- sum and Wentworth were incorporated. 17G4. Clax-emont, Unity, Lincoln, Coventry, Franconia, Poplin, Lynde- * borough, Weare, Piermont and Newington were incorporated.] 32G HISTORY OF NEW-HAMPSHIRE. [1764. * the boumlary line, between the two provinces of New-Hamp- * shire and New-York.'^ This decree, like many other judicial determinations, while it closed one controversy, opened another. The jurisdiction of the governor of New-Hampshire, and his power of granting land, were circumscribed by the western bank of Connecticut river ; but the grantees of the soil, Ibund themselves involved in a dispute widi the government of New-York. From die words to be, in the royal declaration, two very opposite conclusions were drawn. The government supposed them to refer to the time past, and construed Uiem as a declaration that the river always had been the eastern limits of New- York ; consequently, that the grants made by the governor of New-Hampshire, were invalid, and that the lands might be granted again. The grantees understood the words in the future tense, as declaring Connecticut river from that time to he the line of jurisdiction only, between the two provinces; consequently that their grants, being derived from the crown, through the medium of one of its governors, were valid. To the jurisdiction, they would have quietly submitted, had no attempt been made to wrest from them their possessions. These oppo- site opinions, proved a source of litigation foi' ten succeeding years ; but, as this controversy belongs to the history of New- York, it is dismissed, with one remark only. That though it was carried on with a degree of virulence, unfriendly to the i)rogress of civilization and humanity, within the disputed territory; yet it called into action, a spirit of vigorous self-defence, and hardy en- terprise, which prepared the nerves of that people for encounter- ing the dangers of a revolution, more extensive and beneficial. CHAPTER XXUI. Beginning of tlie controversy with Great-Britain. Stamp act. Resignation of Benning Wentwortli. From the earliest establishment of the American colonies, a jealousy of their independence had existed among the people of Great-Britain. At first, this apprehension was perhaps no more than a conjectin-e founded on the vicissitude of human affairs, or on their knowledge of those emigrants who came away from England, disgusted with die abusive treatment which they had endured at home. But from whatever cause it arose, it was strengthened by age ; and the conduct of the British government (1) Original MS. 1760.] PROVINCE. BENNING WENTWORTII. 227 toward America, was frequently influenced by it. ]n the roisn of James tlie First, ' speculative reasoners raised objections to ' the planting of these colonies; and foi'etold, that after draining ' the mother country of inhabitants, they would shake off her yoke ' and erect an independent government.'^ Some traces ol' this jealousy appeared in every succeeding reign, not excepting that of William, whom America, as well as Britain, was proud to style ' our great deliverer.' But it became moit evident, and began to produce its most pernicious effects, at a time when there was the least reason for indulging the idea. During the administration of Pitt, a liberal kind of policy had been adopted toward the colonies ; which being crowned with success, had attached us* more firmly than ever, to the kingdom of Britain. We were proud of our connexion with a nation whose flag was triumphant in every quarter of the globe ; and by whose assistance we had been delivered from the danger of our most formidable enemies, the French in Canada. The ,.-^^ accession of George the Third, at this critical and impor- tant era, was celebrated here, with as true a zeal and loyalty, as in any part of his dominions. W^e were fond of repeating every plau(ht, which the ardent afi^ection of the British nation bestowed on a young monarch, rising to the throne of his ancestors, and professing to ' glory in the name of Briton.' At such a time, nothing could have been more easy, than by pursuing the system of commercial regulation, already estal)lisl)ed, and continuing tho indulgencies which had been allowed, to have drawn the whole profit of our labor and trade, into the hands of British merchants and manufacturers. This would have prevented a spirit of enter- prise in the colonies, and kept us in as complete subjection and dependence, as the most sanguine friend of the British nation could have wished. We had, among ourselves, a set of men, who, ambitious of perpetuating the rank of their families, were privately seek- _^o ing the establishment of an American JVohility ; out of which, an intermediate branch of legisladon, between the royal and democratic powers, should be appointed. ^ Plans were drawn, and presented to the British ministry, for new modeling our governments and reducing their powers ; whilst the authority of parliament should be rendered absolute and imperial. The military gentlemen of Britain, who had served here in the war, and on whom, a pro- fusion of grateful attention had been bestowed, carried home re- ports of our wealth; whilst the sons of our merchants and plant- (1) Hume. (2) Bernard's select letters. Oliver's letters. * Though it may be accounted a deviation from the proper style of history, for the author to speak in the first person ; yet he hopes to be excused in ex- pressing the feelings of an American, whilst he relates the Jiistory of Ids own time, and his own country. 328 HISTORY OF NEW-HAMPSrilRE. [1763. ors, who wont to England for their education, exhibited specimens of piodii;a]ity which confii'nicd the idea. During the war, there had been a great influx of money ; and at the conckision of it, British goods were largely imported ; by which means, the cash went back again with a rapid circulation. In no age, perha[)s, excepting that in which Rome lost her lib- erty, was the spirit of venality and corruj)tion so prevalent as at this time, in Britain. Exhausted by a long war, and disgraced by a peace v;hich deprived her of her most valuable conquests, the national supplies were inadequate to the continual drain of the exchequer.^ A new ministry, raised on the ruin of that by which America was conquered and secured, looked to this coun- try as a source of revenue. But, neglecting the ' principles of ' law and polity,' which had been early suggested to them by an oflicious correspondent; and by which they might have gradually and silently extended their system of corruption into America ; they planned measures by which they supposed an addition to the revenues of Britain might be drawn from America ; and the pretence was, ' to defray the expenses of protecting, defending ' and securing it.'~ The fallacy of this pretence was easily seen. If we had not done our part toward the protection and defence of our country, why were our expenditures reimbursed by parlia- ment .'' The truth is, that during the whole war, we had exerted ourselves beyond our ability ; relying on a promise from a secre- tary of state, that it should be recommended to parliament to make us compensation. It was recommended ; the compensation was honorably granted, and gratefully received. The idea of drawing that money from us again by taxes to repay the charges of our former defence, was unjust and inconsistent. If the new conquests needed protection or defence, those who reaped the gain of their commerce, or enjoyed the benefit of grants and ofli- ces within those territories, might be required to contribute their aid. Notwithstanding this pretext, it was our opinion, that the grand object was to provide for dependents, and to extend the corrupt and venal principle of crown influence, through every part of the British dominions. However artfully it was thrown out, that the revenue to be drawn from us would ease the taxes of our brethren in Britain, or diminish the load of national debt ^ it was not easy for us to believe that the ministry had either of these objects sincerely in contemplation. But if it had been ever so equitable that we should contribute to discharge the debt of the nation, incurred by the preceding war ; we supposed that the monopoly and control of our commerce, which Britain enjoyed, was a full equivalent for all the advantages, which we reaped from our political connexion with her. <1) History of the minority, 17G5, page 28G. (2) Bernard's select letters. I7G3.] PROVINCE. BENNING WENTWORTH. 339 The same gazette, which contained the definitive treaty of peace, announced the intentions of die British ministry to quarter troops in America, and support them at our expense. ^ Tl ' money was to be raised by a duty on foreign sugar and molasses,, and by stamps on all papers legal and mercantile. These inten- tions were at first thrown out in the form of resolves, and aftei - ward digested into acts of parliament. The first of these t^^^ acts, restricting the intcicourse which the American colo- nies had enjoyed with the West-India islands, caused a general uneasiness and suspicion, but was viewed as a regulation of trade, and was submitted to, though with reluctance. The eflect of thi:j act was to call forth a spirit of frugality, particularly in the intro- duction of a less expensive mode of conducting funerals. Peti- tions and remonstrances were sent to England by some of the colonies; but instead of any redress, a new act of parliament was made for raising a revenue by a general stamp duty tiu'ough all the American colonies. The true friends of constitutional liberty now saw their dearest interests in danger ; from an assumption of power in the parent state to give and grant the property of the colonists at dieir pleasure. Even those who had been seeking alterations in the colonial governments, and an establishment of hereditary honors, plainly saw that the ministry were desirous of plucking the fruit, before they had grafted the stock on which it must grow.^ To render the new act less odious to us, some of our fellow citizens were appointed to distribute the stamped paper, which was prepared in England and brought over in bales. The framers of the act boasted that it was so contrived as to execute itself; because no writing could be deemed legal without the stamp ; and all controversies which might arise, were to be de- termined in the courts of admiralty, by a single judge, entirely dependant on the crown. This direct and violent attack on our dearest privileges at first threw us into a silent gloom ; and we were at a loss how to pro- ceed. To submit, was to rivet the shackles of slavery on ourselves and our posterity. To revolt, was to rend asunder the most endearing connexion, and hazard the resentment of a powerful nation. In this dilemma, the house of burgesses in Vir- .^-, ginia, passed some spirited resolves, asserting the rights of jyj 23" their country, and denyine; the claim of parliamentary tax- ^ rtM 1 1 i- AT 1 ./ J June 6. ation. 1 he assembly oi Massachusetts proposed a con- gress of deputies from each colony, to consult upon our common interest, as had frequently been practised in times of common danger. Several speeches made in parliament by opposers of the stamp-act were reprinted here ; in one of which the Ameri- cans were styled ' sons of liberty,' and the speaker^ ventured, (1) New-Hampshirp Gazette, May 27. (2) Bernard's select letters.— (3) Colonel Baxre. 44 330 HISTORY OF NEW-HAMPSHIRE. [1766. iom his personal knowledge of this country, to foretel our oppo- sition to the act. The spirit of the Virginian resolves, like an electric spark, diffused itself instantly and universally j and the cautious proposal of Massachusetts was generally approved. The anxious mind, resting on the bold assertion of constitutional rights, looked forward with pleasure, to the time when an American congress would unite in a successful defence of them. The title ' sons of liberty,' was eagerly adopted by associations in every colony ; determining to carry into execution the prediction of him, who with such noble energy, had espoused the cause of our freedom. They began the opposition at Boston ; by publicly exhibiting effigies of the enemies of America, and obliging the stamp-officer to resign his employ- ment. The popular commotions in that town were afterward carried to an unjustifiable excess ; but the spirit of opposition animated the body of the people in every colony. The person appointed distributor of stamps for New-Hamp- shire, was George Meserve, son of the late colonel, who died at Louisburg. He received his appointment in England, and soon after embarked for America, and arrived at Boston. Before he landed, he was informed of the opposition which was ^^ ■ * making to the act ; and that it would be acceptable to the people if he would resign, which he readily did, and they wel- g JO comed him on siiore. An exhibition of effigies at Ports- mouth had prepared the minds of the people there for his ^^P*' ^ reception ; and at his coming to town, he made a second resignation, on the parade, before he went to his own house. _^ This was accepted with the usual salutation ; and every ^^ ' one appeared to be satisfied with the success of the popu- lar measures. Soon after, the stamped paper destined for New- Hampshire arrived at Boston in the same vessel with that intended for Massachusetts ; but there being no person in either province who had any concern w-ith it, it was, by the order of Governor Bernard, lodged in tlie castle. The stamp-act was to commence its operation on the first day of November ; previously to which, the appointed congress was formed at New- York, consisting of delegates from the assemblies of Massachusetts, Kliode-Island, Connecticut, New- York, New- Jersey, Pennsylvania, the Delaware counties, Maryland and South-Carolina. Having, like the congress at Albany in 1754, formed themselves in geographical order ; they framed a bill of rights, for the colonies ; in which the sole power of taxation was declared to be in their own assemblies. They prepared three distinct addresses to the king, lords and commons, stating their grievances, and asking for redress. These were subscribed by the delegates of six colonies ; the others who were present were not empowered to sign ; but reported their proceeding to their 17G5.] PROVINCE. BENNING WENTWORTII. 331 constituents, who approved them in assembly, and forwarded their petitions. No delegates went from New-Hampshire to this Con- gress ; but the assembly at their next meeting adopted the same measures, and sent similar petitions to England, which they com- mitted to Barlow Trecothick, their agent, and John Wentworth, a young gentleman of Portsmouth, wlio was then in England, to be by them presented to the king and parliament.^ These meas- ures were the most respectful and prudent which could be devised ; and were attended with some prospect of success from a change which had been made in the British ministry. In the mean time, the newspapers were filled with essays, in which every plea for and against the new duties was amply dis- cussed. These vehicles of intelligence were doomed to be load- ed w'ith a stamp ; and the piinters felt themselves interested in the opposition. On the last day of October, the New-Hampshire Gazette appeared with a mourning border. A body of people from the country approached the town of Portsmouth, under an apprehension that the stamps would be distributed ; but being met, by a number from the town, and assured that no such thing was intended, they quietly returned. The next day, the bells tolled, and a funeral procession w^asmade for the Goddess ^^^ j of Liberty ; but on depositing her in the grave, some signs of life were supposed to be discovered, and she was carried off in triumph. By such exhibitions, the spirit of the populace was kept up ; though the minds of the most thoughtful persons were filled with anxiety. It was doubtful, whether the courts of law could proceed with- out stamps; and it was certain that none could be procured. Some licentious persons began to think that debts could not be recovered, and that they might insult their creditors with impunity. On the first appearance of this disorderly spirit, associations were formed at Portsmouth, Exeter and other places, to support the magistrates and preserve the peace. The fifth of November had always been observed as a day of hilarity, in remembrance of the powder-plot. On the following night, a strong guard was kept in Portsmouth. By these precautions, the tendency to riot was seasonably checked, and no waste of property or personal insult was committed ; though some obnoxious characters began to tremble for their safety.* "When Meserve arrived, the people supposed that he had brought his commission with him, and were content that it should remain iu his own hands, being rendered void by his resignation. But, (1) Assembly Records. * [17Go. Raymond, Conway, Concord, the seat of government, and form- erly Pcnacook, Dunbarton and Hopkinton were incorporated. 1766. Deerfield, Burton, Eaton, Lee, Tamworth and Acworth were incor- porated.] 332 HISTORY OF NEW HAMPSHIRE. [1765. in fact, he did not receive it till after the time fixed for the ope- ration of the act. Having shown his instructions to the governor, and some other puhlic officers, it was suspected that he intended ' to commence the execution of his office.' The sons of hberty - ,^c.r were alarmed ; they assembled by beat of drum, and obliged him publicly to deliver up his commission and in- ^ ■ ■ structions ; which they mounted on the point of a sword, and carried in triumph through the town. An oath was admin- istered to him by Justice Clagett,* purporting that he would neither directly nor indirectly attempt to execute his office. The master of a shij), then ready to sail for England, was also sworn to deliver the packet containing the commission and instructions, as it was directed. It was first addressed to the commissioners of the stamp-office in London ; but afterward it was enclosed in a letter to the agents of the province, referring the disposal of it to their discretion. It happened to arrive, when great exertions were making, and a strong probability existed, of the repeal of the stamp-act. The agents therefore concealed the packet, and liad the good fortune to suppress the intelligence of all these proceed- ings ; that no irritation might ensue to prevent the expected repeal. During all these commotions. Governor Wentworth was silent. The ministry, either by accident or design, had neglected to send authentic copies of the stamp-act, to some of the American gov- ernors, and to him among others. There had been no tumults, which rendered his interposition necessary. He was in the de- cline of life, and his health was much impaired. His fortune was made, and it lay chiefly in his native country. One of the reasons given, for the removal of his predecessor, was, that he had en- joyed his office ten years. Mr. Wentwordi had been twenty-five years in the chair, and expected soon to be superseded. It was therefore his interest, not to put himself forward in support of un- popular measures. His example was followed by most of the gentlemen in the province, who held offices under the crown. If any of them were secretly in favor of the act, they were restrained by fear, from contradicting openly the voice of the people. The popular spirit was sufficiently roused to join in any meas- ures which might be necessary for the defence of liberty. All fear of the consequence of proceeding in die public business with- out stamps, was gradually laid aside. The courts of law, and custom houses were kept open. Newspapers circulated, and * [Wyseinan Clagett, who then resided at Portsmouth. He was born and educated in England, and admitted a barrister at law in the court of the king's bench. Ho came soon after to this country ; was admitted to the bar of th« puperior court of New-Hampshire, and was some time tlie king's attorney general ; was one of tlie council in the time of the revolution, and a represen- tative in the general court from Litchfield, where he died 4 December, 1784, aged 63 years and 4 montlis. A valuable memoir of this gentleman, written by the Hon. Charles H. Atherton, of Amherst, is amonj the files of the N. H. Hist. Society.] 176G.] PROVINCE. BENxNING WENTWORTH. 933 licenses for marriage, without stamps, were publicly advertised. As it was uncertain, what might be the event of the petitions to the king and parliament, it was thought best, to awaken the atten- tion of the merchants and manufacturers of England, by an agree- ment to import no goods, until the stamp-act should be repealed. To provide for the worst, an association was formed by the ' sons of liberty' in all the nordiern colonies, to stand by each other, and unite their whole force, for the protection and relief of any who might be in danger, from the operation of this, or any other op- pressive act. The letters which passed between them, on this occasion, are replete with expressions of loyalty and aftection to the king, his person, family and authority. ^ Had there been any disafiectioii to the royal government, or desire to shake off our allegiance, where would the evidence of it be more likely to be found, than in letters which passed between bodies of men, who were avowedly endeavoring, to form a union, to resist the usurped authority of the British lords and commons ?* The idea which we entertained of our political connexion with the British empire, was, that the king was its supreme head ; that every branch of it was a perfect state, competent to its own inter- nal legislation, but subject to the control and negative of the sove- reign ; that taxation and representation were correlative, and therefore, that no part of the empire could be taxed, but by its own representatives in assembly. From a regard to the general interest, it was conceded, that the parliament of Great-Britain, representing the first and most powerful branch of the empire, might regulate the exterior commerce of die whole. In Britain, the American governments were considered as corporations, ex- isting by the pleasure of the king and parliament, who had a right to alter or dissolve them. Our laws were deemed by-laws ; and we were supposed to be, in all cases of legislation and taxation, subject to the supreme, undefined power of the Briush parliament. Between claims so widely different, there was no arbitrator to decide. Temporary expedients, if wisely applied, might have preserved peace ; but the most delicate and judicious manage- ment was necessary, to prevent irritation. When the commotions which had happened in America, were known in England, a circular letter was written to the several governors, by Secretary Conway,- in which it was ' hoped that ' the resistance to the authority of the mother country, had only (1) MS. letters of the sons of liberty. (2) October 24, 1765. * From an intimate acquaintance witii many persons, of all ranks, who were instrumental of coiiductiiijv tin; American revolution, throufrh all its stages ; and from a perusal of many of their confidential letters ; the author of thesei sheets is fully satisfied, that the public professions of loyalty, made by his countrymen, were sincere ; and that the most determined opposers of the claims of parliament, were very far from desiring a disunion cf the British empire, till they wera driven to it by necessity. 334 H16TORY OF NEW HAMPSHIRE. [1766. * found place among tlic lower and more ignorant of the people.' To the constiliUional authority (as we understood it) of the king and parliament, there had been no resistance ; but to the assumed authority, of our fellow subjects in Britain, over our property, the resistance began, and was supported by^ the representatives of the people, in their assemblies. Those who appeared under the name of * the sons of liberty' were chiefly tradesmen of reputa- tion, who were occasionally assisted by lawyers, clergymen, and other persons of literary abilities. The writings of Sidney and Locke were produced, in evidence of the justice of our claims ; and the arguments which had forraerh^been used in England, against the usurpations of the liouse of Stuart, were adopted and repeated by us, in favor of our rights and liberties. Political inquiries were encouraged, and the eyes of the people were open- ed. Never was a sentiment more generally adopted, on the full- est conviction, than that we could be constitutionally taxed by none but our own representatives ; and that all assumption of this power, by any other body of men, was usurpation which might be lawfully resisted. The petitions of the American assemblies, enforced by the agreement for non-importation, and aided by the exertions of the British merchants and manufacturers, induced the new ministry to recommend to parliament, a repeal of the odious stamp-act. Mar 18 ^' ^^^^ accordingly repealed ; not on the true principle of ' its repugnancy to the rights of America ; but on that of political expediency. Even on this principle, the repeal could be obtained by no other means ; than by passing, at the same time, a declaratory act, asserting the right and power, of the British parliament, ' to hind America, in all cases whatsoever,' and an- nulling all the resolutions of our assemblies, in which diey had claimed the right of exemption from parliamentary taxation. The rejoicings which were occasioned by the repeal of the stamp-act, in this country, were extravagantly disproportioned to the object. We felt a transient relief from an intolerable burden; but the claim of sovereign power, in our fellow subjects, to take our property, and abridge our liberty at their pleasure, was es- tablished by law. Our only hope was, that they would profit by their recent experience ; and whilst they enjoyed the pride of seeing their claim exist on paper, would suspend the exercise of it in future. With the repealing and declaratory acts, a circular letter came from Secretary Conway ; in which, ' the lenity and tenderness, ' the moderation and forbearance of the parliament toward the ' colonies' were celebrated in the language of panegyric, and we were called upon, to show our 'respectful gratitude and cheerful ' obedieuce,' in return for such a ' signal display of indulgence and 1766.] PROVINCE. BENNING WENTWORTH. 335 ' affection.' This letter enclosed a resolution of parliament, that those persons who had ' suffered any injury or damage,' in con- sequence of their assisting to ' execute the late act, ought to be ' compensated by the colonies, in which such injuries were sus- ' tained.' When Governor Wentworth laid this letter before the assembly, he told them ' with pleasure and satisfaction, that he had j „_ ... /• I • 1 • 1 1 5 Tif 1 June 25. * no requisition ot this kind to make. JMeserve, however, applied to the assembly to grant him a compensation for the in- juries which he said he had suffered. A committee, being ap- pointed to inquire into the ground of his petition, reported, ' that ' he had suffered no real damage either in person or property ; ' but that when any danger had been expected, guards had been ' appointed to protect him.' Upon this report, his petition was dismissed. He afterwards went to England and obtained the of- fice of collector of the customs. At this session the assembly prepared a respectful address to the king and both houses of parliament, on account of the repeal ; which was sent to England, at the same time that the stamped paper and parchment, which had been deposited at the castle in Boston, w^ere returned. Complaints had been made in England against some of the American governors, and other pubhc officers, that exorbitant fees had been taken for the passing of patents for land ; and a proclamation had been issued by the crown and published in the colonies, threatening such persons with a removal from office. 1 Governor Wentworth was involved in this charge. He had also been accused of negligence in corresponding with the king's ministers ; of informality and want of accuracy in his grants of land; and of passing acts of assembly respecting private proper- ty, without a suspending clause ' till his majesty's pleasure could ' be known.' In his office of surveyor-general, he had been charged with neglect of duty, and with indulging his deputies in selling and wasting the king's timber. By whom these complaints were made, and by what evidence they were supported, 1 have not been able to discover. Certain it is, that such an impression was made on the minds of the ministry, that a resolution was taken to remove him ; but the difficulties attending die stamp-act, caused a delay in the appointment of a successor. When the ferment had subsided, the attention of the ministry was turned to this object. John Wentworth, son of Mark Hunking Wentworth, and nephew of the governor, was then in England. He had ap- peared at court, as a joint agent with Mr. Trecothick in present- ing the petition of the province against the stamp-act. He had become acquainted with several families of high rank and of his own name in Yorkshire, and in particular, with the marquis of (1) New-Hampehire Gazette, Aug. 20, 1764. 336 HISTORY OF NEW-HAMPSHIRE. [17C0. Rockingham, then at tlie head of the ministry. By his indul- gence, Mr. Wentworth prevailed to soften the rigor of government against his uncle. Instead of being censured and removed from office, he was allowed opportunity to resign, and the appearance of resigning in favor of his nephew, who was destined by the mar- quis, to be his successor. Having received his commissions, "' as governor of New-Hampshire, and surveyor of the king's ,„--« woods in North-America, Mr. Wentworth sailed from ' ' England, and arrived at Charlestown, in South-Carolina. March. 'j^j^Qp^.g jjg travelled through the continent, registering his commission of surveyor in each of the colonies, and was received T 10 at Portsmouth, with every mark of respect and affection. June 13. ™, . . ' , •', , I . . Ihis appointment, made by a popular ministry, was pe- culiarly grateful to the people of New-Hampshire, by whom Mr. Wentworth was well known and much esteemed. In addition to what has been said, of the superseded governor, it may be observed ; that his natural abilities were neither brilliant nor contemptible. As a private genUeinan, he was obliging, and as a merchant, honorable. He was generous and hospitable to his friends ; but his passions were strong and his resentments lasting. He was subject to frequent and long continued visits of the gout; a distemper rather unfriendly to the virtue of patience. In his deportment, there was an appearance of haughtiness, con- tracted by his residence in Spain, where he learned the manners of the people of rank ; as well as the maxims of their government. He thought it best that the highest offices, should be filled with men of property ; and though in some instances he deviated from this principle, yet, in others, he adhered to it so closely, as to disregard more necessary qualifications.'^ In the former part of his achuinistration, he was scrupulous in obeying his instructions, and inflexible in maintaining the prerog- ative. In conducting the operations of two successive wars, his attention to the service was very conspicuous ; and he frequently received letters of thanks, from the generals, and other officers of the British troops employed in America. * [Mr. Adams in his Annals of Portsmoutli, p. 230, says, " It has been ob- jected against him.tliatall the important offices in the government, were fill- ed liy his particular friends." A scrap found among Secretary Waldron's pa- pers, headed Famitij Government, seems to establish the fact, although the cause of it is not particularly assigned. TJie following is a copy of it : " Gcorfrr Jaffrc.ij, brother-in-law, president of the council, treasurer, chief justice and justice of the admiralty. Jotliam Odiorne. brother married his grand daughter, second judge and justice, llrnrij Slierhurnc, cousin, &c. counsellor, &c. Theodore Jitlchisnn. brother-in-law, secretary, chief justice of inferior court, &c. Kirhard Wibird, governor's brother married his sister, a counsellor. Ellis Hiiske, wife's brother married governor's sister, a coun- sellor. !Samucl Sollcij, who married Georfre Jaffrey's daughter, a counsellor. Thomas Packer, a brother-in-law, high sheriff. John Doicning and Savuiel Smith, counsellors, related by their cash. Friends, Wiggin, justice and jndge of probate, Clarksnn, Gage.. WaJlivgford, Giim/tn, Palmer, Hoby, Jtn- n»ss, Odiorne, Walton and Stevens, justices, "j 1767.] PROVINCE. BENNING WENTWOIITII. 337 He was closely attached to the interest of the church of Eng- land ; and in his grants of townships, reserved a right for the society for propagating the gospel of which he was a niemher. A project was formed during his administration, to establish a college in New-Hampshire. When he was applied to for a charter, he declined giving it, unless the college were put under the direction of the bishop of London. But, when a grant was made by the assembly, of three hundred pounds sterling, to Harvard college, where he had received his education, to repair the destruction which it had suffered by fire ; he consented to the vote, and his name is inscribed on an alcove of the library, as a benefactor, in conjunction with the name of the province. In his appointment of civil and military officers, he was fre- quently governed by motives of favor, or prejudice to particular persons. When he came to the chair, he found but twenty-five justices of the peace in the whole province ; but in the first com- mission which he issued, he nominated as many in the town of Portsmouth only. In the latter part of his time, appointments of this kind became so numerous, and were so easily procured, that the office was rendered contemptible.* * The following pasquinade was published in the Portsmouth Mercury of October 7, 17t)5. It was supposed to have been written by tlie late Judge Paj:ker,t and was entitled TUE SILVER AGE. In days of yore, and pious times, Great care was had to punish crimes ; When conservators pads sought To keep good order as tliey ought. This office then, was no great booty, Small were the fees, though great the duty. But when a law, the old restriction Dock'd — and enlarg'd the jurisdiction ; His worship had a right to hold. In civil plea, a pound twice told. The post was then tliought worth possessing, For 'twas attended with a blessing. But still, in after times it grew Much better, as our tale will shew ; t [Judge William Parker was a native of Portsmouth, and was born !) December, 1703. His father was ^Villiam Parker, whose wife was Zerviah Stanley, daughter, as the late Nathaniel Adams, Esquire, of Portsmouth, in- formed me, of the Earl of Derby. The judge had not a liberal education, but received in 17(J3 the honorary degree of Master of Arts, ^^ pro meritis suis." In his diploma, it is expressed, " licet non Academiea instructum, Generosum, nihil ominus in rebus literariis scil : Classicis Philosophicis, «StC. egregie eru- ditum." He pursued the study of law, and was admitted to tiie b»r it of above one hun- dred barrels of gunpowder, with upwards of sixty stand of small arms, and did also force from the ramparts of said castle and carry off sixteen pieces of cannon, and other military stores, in open hostility and direct oppugna- tion of his majesty's government, and in the most atrocious contempt of his crown and dignity ; — I DO, by advice and consent of his majesty's council, issue this proclama- tion, ordering and requiring, in his majesty's name, all magistrates and other officers, wliether civil or military, as they regard their duty to the king and s\\\ tenor of the oatlis thej^ have solenmly taken and subscribed, to eiert themsj^lves in detecting and securing in some of his majesty's goals in this province tlic said offenders, in order to their being brought to condign pun- ishment ; And from motives of duty to the king and regard to the welfare of the good people of this province : I do in the most earnest and solemn man- ner, exhort and injoin you, his majesty's liege subjects of this government, to beware of suffering yourselves to be seduced by the false arts or menaces of abandoned men, to abet, protect, or screen from justice any of the said high banded offenders, or to withhold or secrete his majesty's munition forcibly t«- 47 354 HISTORY OF NEW-HAMPSHIRE. [1774. ing all officers, civil and military, to assist in detecting and secur- ing the offenders ; and exhorting all people to beware of being seduced, by the false arts and menaces of abandoned men.* It was thought proper by the governor and some of his friends, to form an association, for the support of the royal government, and for their mutual defence. They boasted, that an hundred men could be procured, from the ships, at a minute's warning. -___ This transaction exposed the weakness of the cause, which they meant to support ; for what could an hundred men do against the whole country ? A second convention of deputies met at Exeter, to consult on the state of affairs, and appoint delegates for the next general 2_ congress, to be holden on the tenth of May, at Philadel- phia. Major Sullivan and Captain Langdon were chosen ; and the sum of two hundred and fifty pounds, were ordered to defray their expenses. This convention issued an address to the people, warning them of their danger ; exhorting them to union, peace and harmony, frugality, industry, manufactures, and learn- ing the military art ; that they might be able, if necessary, to de- fend the country against invasion. They appointed a committee of correspondence, with power to call another convention, when they should judge it necessary. The winter passed away in gloomy apprehension and anxiety. Men of consideration saw that a wide breach was made, and that it could not easily be closed. Some happy genius was wanting to plan, and wisdom on both sides to adopt, a constitution for Britain and America. Royal charters and instructions, acts of parliament and precedents of all kinds, were at best but a rotten ken from his castle ; but that each and every of you will use your utmost endeavors to detect and discover the perpetrators of these crimes to the civil magistrate, and assist in securing and bringing them to justice, and in recov- ering the king's munition ; This injunction it is my bounded duty to lay Btrictly upon you, and to require your obedience thereto, as you value indi- vidually your faith and allegiance to his majesty, as you wish to preserve that reputation to the province in general ; and as you would avert the dreadful but most certain consequences of a contrary conduct to yourselves and pos- terity. Given at the council-chamber in Portsmouth, the 26th day of December, in tiie 15th year of the reign of our sovereign lord George the Third, by the grace of God, of Great-Britain, France and Ireland, king, defender of the faith, &c. and in the year of our Lord Christ, 1774. J. WENTWORTH. By his excellency's command, with advice of council, Theodore Atkinson, Sec'ry. God save the King.] * [1774. Warner, Deering, Nelson, Stoddard, Erroll, Kilkenny, Mills- field, Piercy and Whitefield were granted or incorporated. During the rev- olutionary war, the following towns were incorporated : viz. in 177(5, Wash- ington and Marlborough ; 1777, Antrim, Moultonborough and New-Hampton ; 1778, Fishersfield and New-Chester; 177i», Andover, Hancock, New-London and Northumberland; 1780, Orange and Northfield ; 1781, Thornton; and 1782, Pittsfield.] 1774.] PROVINCE. JOHN WENTWORTH, 2d. 355 foundation. The store of temporary expedients was exhausted. It was doubtful whether force could generate submission, or whether resistance could enervate force. Neither country was sensible of the strength and resources of the other. The press teemed with arguments on botii sides ; but no plan of conciliation was adopted. A fair and candid representation of our grievances could not be received, in the court of Britain. Each side was tenacious of its claims, and there appeared no disposition to relax. When two independent nations are in such a state, they generally find among their friends and allies, some mediating power, to bring them to terms and prevent a rupture. Between Britain and America, no mediator could be found. The controversy could be decided only by the supreme arbiter of nations. The first ships, which arrived in the spring, brought us news that the petition of congress was graciously received by the king ; and that the merchants of England were petitioning in our favor. This revived our hopes. Soon after, we were informed, that the parliament had voted the existence of a rebellion in Massachu- setts ; and that the other colonies were aiding and assisting : That the lords and commons had addressed the king, to enforce the revenue-acts, and had assured him, that they would stand by him, with their lives and fortunes : That the king had demanded an augmentation of his forces, by sea and land : That the com- merce of the New-England colonies was to be restrained, and their fishery prohibited ; and that an additional number of troops, horse and foot, were ordered to America. These tidings threw us into distress. A war seemed inevitable ; and a gloom over- spread the whole country. The people of Boston began to re- move from the town ; and those, who could not remove, were solicitous to secure their most valuable effects. In the midst of this distress, a frigate arrived express from England ; with . an account of a proposal made and voted in parliament, which was called Lord North's conciliatory proposition. It was this ; ' that when any colony by their governor, council and as- * sembly, shall engage to make provision, for the support of civil * government, and administration of justice, in such colony ; it ' will be proper, if such proposal be approved by the king and ' parliament, for so long lime as such provision shall be made, to * forbear to levy any duties or taxes in such colony, except for * the regulation of commerce ; the neat proceeds of which shall ' be carried to the account of such colony respectively.' The troops, however, were to remain ; and the refractory colonies were to be punished. This proposition was said to be founded on some advice, received from New-York, that if concessions were made by parliament, they would censure the proceedings of congress, and break the union of the colonies. The proposal was evidently a bait thrown out to divide us, and tempt us to desert the colony 356 HISTORY OF JNEW-HAMPSHIRE. [1776. of Massachusetts ; who could not comply, without submitting to the alteration, lately made by parliament in their charter. What might have been the effect of this proposition in the other colonies, if it had been allowed time to operate, is uncertain. Tiie conduct of General Gage, on receiving this news, was in the highest degree absurd and inconsistent. He had been blamed in parliament for his inactivity. He \md friends in Boston, who con- standy assured him, that the people in die country would not dare to face his troops. He had been informed of a magazine of pro- visions and stores, at Concord, laid up by the provincial congress, in case of extremity. With the news of the conciliatory propo- sition, he received orders to make an experiment of its success. On the eighteenth day of April, he issued writs for calling a gen- eral assembly, to comply with the proposed terms of reconcilia- tion ; and in the night following, he privately despatched a body of his troops, to destroy the magazine at Concord ; and to seize some of the leaders of opposition, who had retired from the town. He was induced to believe, that if between the issuing of his writs, and the meeting of the assenibly, he could strike a bold stroke ; it would so intimidate the people, and unfit them for defence, that they would easily comply with the terms proposed. But he to- tally mistook the genius of the people of New-England. Nor were his designs carried on so secretly as he imagined. The popular leaders were seasonably apprised of their danger, and kept themselves out of his reach. The country was alarmed, by expresses sent off in the night, before he had taken the precaution to shut die avenues of die town. A company of armed citizens kept guard at Lexington, on the road to Concord. The British troops, when they appeared in the morning, having ordered them to disperse, fired upon them, as they were retiring, and killed several on the spot. They then proceeded to Concord, ' ' and destroyed such of the stores as had not been removed ; and having accomplished their object, as far as they were able, they retreated dirough showers of musquetry from the people, who suddenly collected from all quarters to oppose them. On the alarm of this act of hosdlity, the people of New-Hamp- shire, and of the other colonies, took arms, and flew to the assist- ance of their brethren. Notwithstanding this ill-advised and unsuccessful attempt of Gage, Governor Wentworth had very sanguine hopes of die good effect of the ' conciliatory proposition ;' and determined, as he said, ' to plant the root of peace in New-Hampshire.' He sum- moned a new assembly ; and in his speech, entreated them, as „ . ' the only legal and constitutional representatives of the ' people, to direct their counsels to such measures, as ' might tend to secure their peace and safety ; and effectually ' lead to a restoration of the public tranquillity ; and an affection- 1775.] PROVINCE. JOHH WENTWORTH, 2d. 357 ' ate reconciliation with the mother country.' The house desired a short recess, that they might advise with their constituents on so momentous a question ; and the governor reluctantly consent- ed to adjourn them to the twelftli day of June. In the mean time, the officers and men of the Scarhorough began to dismantle the fort ; they also stopped two vessels laden with provisions, which were coming into the harbor ; and not- withstanding the most pressing remonstrances of the inhabitants, and solicitation of the governor, refused to release them. Upon this, a body of armed men, went to a battery on Jerry's ,, on point, at Great-Island, and took away eight cannon of twenty-four and thirty-two pound shot, which they brought up to Portsmouth ; and whilst they were engaged in this work, the Canseau sloop convoyed the two provision vessels to Boston, for the supply of the fleet and army. A new convention was at this time sitting at Exeter ; in which the province was more fully and equally represented, than it ever had been before. They passed votes of thanks to those who had taken the powder and guns from the fort, in the preceding winter, and to those who had removed the cannon from the battery. They also instructed the representatives, how to act at the next meeting of the assembly ; and the voice of the convention was regarded by the house, as the voice of their constituents. At the adjournment, the governor again recommended ' the conciliatory proposition.' The first step which the house j ^„ took, was in obedience to the voice of the convention, to expel three members whom the governor had called by the king's writ, from three new townships ; whilst many other towns, of much older standing, and more populous, were neglected, and never enjoyed the privilege of representation, but in the newly established conventions. The governor then adjourned the as- sembly to the eleventh of July. One of the expelled members, having spoken his mind freely without doors, was ussaulted by the populace, and took shelter in the governor's house. The people demanded him, and brought a gun, mounted on a carriage, to the door ; upon which the offender was delivered up, and conveyed to Exeter. The governor, conceiving himself insulted, retired to the fort; and his house became a scene of pillage. When the assembly met again, he sent a message from the fort, and adjourned them to the twenty-eighth of Septera- j , ,, ber;butthey never met any more. He continued under the ^ protection of the Scarborough, and another ship of war, till all the remaining cannon of the fort were taken on board, and then . sailed for Boston. In September, he came to the Isles of °' Shoals, and there issued a proclamation, adjourning the assembly to the next April. This was the last act of his administration, and the last time that he set his foot in the province. Thus an end 35S HISTORY OF NKW-HAMPSHIRE. [1775. was put to the British government in New-Hampshire, when it had subsisted ninety-five years. From tliis view of the administration of Governor Wentworth, it is easy to conchide, that his intentions were pacific ; and whilst the temper of the times allowed him to act agreeably to his own principles, his government was acceptable and beneficial ; but when matters had come to the worst, his faults were as few, and his conduct as temperate, as could be expected from a servant of the crown. If a comparison be drawn, between him and most of the other governors on this continent, at the beginning of the rev- olution, he must appear to advantage. Instead of widening the breach, he endeavored to close it ; and when his efforts failed, he retired from a situation, where he could no longer exercise the office of a governor ; leaving his estate and many of his friends ; and preserving only his commission, as surveyor of the king's woods ; the limits of which were much contracted by the suc- ceeding revolution.''^ CHAPTER XXV. War with Britain. Change of government. Temporary constitution. In- dependence. Military exertions. Stark's expedition. Employment of troops during the war. When the controversy with Britain shewed symptoms of hos- tility, and the design of the ministry and parliament to provoke -_^c us to arms became apparent, the people of New-Hamp- shire began seriously to meditate the defence of their country. It was uncertain in what manner the scene would open ; for this and other reasons no regular plan of operations could be formed. By the old militia law, every male inhabitant, from sixteen years old to sixty, was obliged to be provided with a mus- * [John Wentworth, was son of Mark Hunking Wentworth, and was the fifth in descent from elder William Wentworth, mentioned under the year 1689. He was born about 1730, and graduated at Harvard college in 1755, and his name stands as the fifth in the class, being preceded by the names of Gushing, Appleton, Brown and Livingston. He received the appointment of governor when he was but 31 years of age, being advanced to that station at an earlier age than any of his predecessors, or any who has succeeded him. After leaving New-Hampshire in 1775, he was appointed governor of Nova- Scotia, and resided at Halifax, where he diad 8 April, 1820, aged 84. He re- ceived the title of baronet from George HI., and was honored by the univer- sities of Oxford, in England, and Aberdeen, in Scotland, with the decree of Doctor of Laws. He received a similar honor from Dartmouth college. — The late Dr. Dwight in speaking of his character, describes him as " a man of sound understanding, refined taste, enlarged views, and a dignified spirit ; and as retiring from the chair with a higher reputation tJian any other niaa who held th« same office he did in the country. '] 1775.] STATE. MESIIECII WEARE. 35C^ ket and bayonet, knapsack, cartritlge-box, one pound of powder, twenty bullets and twelve flints. Every town was obliged to keep in readiness one barrel of powder, two hundred pounds of lead and three hundred flints, for every sixty men ; besides a quantity of arms and annnunition for the supply of such as were not able to provide themselves with the necessary articles. Even those persons who were exempted from appearing at the common military trainings, were obliged to keep the same arms and am- munition. In a time of peace, these requisitions were neglected, and the people in general were not completely furnished, nor the towns supplied according to law. The care which the governor had taken to appoint officers of militia and review the regi- ments, for some years before, had awakened their attention to the duties of the parade ; which were performed with renewed ardor, after the provincial convendon had recommended the learning of military exercises and manoeuvres. Voluntary associations were formed for this purpose, and the most experienced persons were chosen to command on these occasions. To prevent false rumors and confusion, the committees of inspecdon in each town were also committees of correspondence, by whom all intelligence con- cerning the motions of the British, were to be comnjunicated ; and proper persons were retained to carry expresses when there should be occasion. In this state of anxiety and expectadon ; when an early spring had invited the husbandman to the labor of the field ; General Gage thought it proper to open the drama of war. The alarm was immediately communicated from town to town ^'^' ' through the whole country, and volunteers flocked from all parts ; till a body of ten thousand men assembled in the neighborhood of Boston, completely invested it on the land side, and cut of all communication with the country. On the first alarm, about twelve hundred men marched from the nearest parts of New-Hampshire, to join their brethren, who had assembled in arms about Boston. Of these, some returned ; others formed themselves into two regiments, under the authority of the Massachusetts convendon. As soon as the provin- ^ „ cial congress of New-Hampshire met, they voted to raise two thousand men, to be formed into three regiments ; those which were already there to be accounted as two, and another to be enlisted immediately. These men engaged to serve till the last day of December, unless sooner discharged. The command of these regiments was given to the Colonels John Stark, James Reed and Enoch Poor. The two former were present in the memorable batde on the heights of Charlestown, being posted on the left wing, behind a fence ; from which they sorely galled the British as they advanced to the attack, and cut them down by whole ranks at once. In their retreat, they lost 5jfjO HiSTORY OF NEW-HAMPSHIRE. [1775. several men, and among others, the brave Major Andrew IMcCla- ry, who was killed by a cannon shot after he had passed the isth- mus of Charkstown.* On the alarm occasioned by this battle, die J q„ third regiment collected and marched to the camp ; and with the other New-Hampshire troops, was posted on the left wing of the army at Winter-Hill, under the immediate command of Brigadier-General Sullivan, who with the other general officers, received his appointment from congress. It had been a common sentiment among the British troops, that the Americans would not dare to fight with them. This battle effectually convinced them of their mistake. They found that fighting with us was a serious thing ; and the loss which they sus- tained in this battle, evidently had an influence on their subse- quent operations. Whilst die Scarborough frigate remained in the harbor of Pas- cataqua, frequent bickerings happened between her crew and the inhabitants. Captain Berkeley seized all inward bound ves- sels, and sent them to Boston. He also prevented the boats be- longing to the river from going out to catch fish. This conduct was conformable to die orders which he had received to execute the restraining act. In return, his boats were not permitted to fetch provisions from the town ; and one of them was fired upon in the night, by some of the guards stationed on the shore. A compromise, at length, was made between him and the committee of the town ; open boats were permitted to pass, to catch fish for the inhabitants ; and his boats were allowed to take fresh provis- ions for the use of the ship. This agreement subsisted but a short time, and finally all intercourse was cut off. After the departure of the ship, the people went in volunteer parties, under the direction of Major Ezekicl Worthen, whom the ,,. conv^ention appointed engineer, and built forts on the points ' of two islands, which form a narrow channel,, about a mile below the town of Portsmouth. One of these was called Fort Washington, and the other Fort Sullivan. The cannon which had been saved from the old fort and battery were mounted here, and die town was thought to be secure from being surprised by ships of war. The tenth of September was the last day of exportation fixed by the general congress. Most of the vessels which sailed • [Andrew McCi.art wag son of Andrew McClary of Epsom, who with hiB brother Jolin were early inhabitants of that town. The male line of the family name lias become extinct. Major McClary was an active and efficient officer. Swett, Hist, of Bunker Hill Battle, 2d edit. p. 48. In a letter from Colonel Stark to Matthew Thornton, written two days af- ter the battle of Bunker Hill, (see Coll. ofN. H. Hist. Soc. ii. 14o) it appears that the number lost from Stark's regiment, was 15 killed and missing, and 60 wounded ; the number from Colonel Reed's regiment was 3 killed, 1 miss- ing and 29 wounded. The number in Swett's History, where the names of the killed are given, is ditferent from the account given in Uiis letter.] i775.J STATK. MESHECH WEARE. 30 1 out of the harbor were seized by the British cruisers, and carried into Boston. One was retaken by a privateer of Beverly, and carried into Cape-Anne. In the following month, sev-eral British armed vessels were sent to burn the town of Falmouth ; which was in part effect- q . -.o ed, by throwing carcases and sending a party on shore, under cover of their guns. It was suspected that they had the same design against Portsmouth. General Washington despatch- ed Brigadier-General Sullivan from the camp at Cambridge, with orders to take the command of the militia and defend the harbor of Pascataqua. On this occasion, the works on the islands were strengthened ; a boom, constructed with masts and chains, was thrown across the Narrows, which was several times broken by the rapidity of the current, until it was impossible to secure the passage by such means ; an old ship was scuttled and sunk in the northern channel of the river ; a company of rifle-men, from the eamp, was posted on Great-Island ; and fire-rafts were construct- ed to burn die enemy's shi|)ping. These preparations served to keep up the spirits of the people ; but many families, not thinking themselves safe in Portsmouth, removed into the country, and there remained till the next spring. A spirit of violent resentment was excited against all who were suspected of a disposition inimical to the American cause. Some persons were taken up on suspicion and imprisoned ; some fled to Nova-Scotia, or to England, or joined the British army in Boston. Others were restricted to certain limits and their mo- tions continually watched. The passions of jealousy, hatred and revenge were freely indulged, and the tongue of slander was un- der no restraint. Wise and good men secretly lamented these excesses; biit no efiectual remedy could be administered. All commissions under the former authority being annulled, the courts of justice were shut, and the sword of magistracy was sheathed. The provincial convention directed the general affairs of the war ; and town committees had a discretionary, but undefined power to preserve domestic peace. Habits of decency, family government, and the good examples of influential pei-sons, contributed more to maintain order than any other authority. The value of these secret bonds of society was now more than ever conspicuous. In the convention which met at Exeter, in May, and continued sitting with but little interruption till November, one hundred and two towns were represented, by one hundred and thirty-three members.^ Their first care was to establish post offices ; to ap- point a committee of supplies for the army, and a committee of safety. To this last committee, the general instruction was sim- ilar to that, given by the Romans, to their dictators, ' to take un- * der consideration, all matters in which the welfare of the prov- (1) MS. Records of Convention. 4S 362 HISTORY OF NEW-HAMPSHIRE. [1775. ' ince, in the security of their rights, is concerned ; and to lake ' the utmost care, that the puhlic sustain no damage.'* Particu- ar instructions were given to thern, from time to time, as occa- sion required. They were considered as the supreme executive ; and during the recess of the convention, their orders and recom- mendations had the same effect as the acts and resolves of that whole body. By an order of the convention, the former secretary, Theodore Atkinson, Esquire, delivered up the province records, to a com- mittee which was sent to receive them, and Ebenezer Thompson, Esquire, was appointed in his place. The records of deeds, and of the probate office, for the county of Rockingham, were also removed to Exeter, as a [)lace of greater safety than Portsmouth. The former treasurer, George Jaffrey, Esquire, was applied to for the public money in his hands, wliich, to the amount of one thousand five hundred and sixteen pounds, four shillings and eight pence, he delivered ; and Nicholas Gilman, Esquire, was ap- pointed treasurer in his room.f During this year, three emissions of paper bills were made. The first, of ten thousand and fifty pounds ; the second, of ten thousand pounds ; and the third, of twenty thousand pounds. For the amount of those sums, the treasurer gave his obligation in small notes, which passed for a time, as current money, equal in value to silver and gold. But as emissions were multiplied, as the redemption of the bills was put off to distant periods, and the bills themselves were counterfeited, it was impossible for them long to hold their value. Beside the three regiments which made part of the American army at Cambridge, a company of artillery was raised to do duty at die forts. A company of rangers was posted on Connecticut river ; and two companies more were appointed, to be ready to march wherever the committee of safety should direct. The whole militia was divided into twelve regiments ; the field officers were appointed by the convention^ and the inferior officers were chosen by the companies. Out of the militia were inlisted four regiments of minute-men, so called, because they were to be ready at a minute's warning. They were constantly trained to military duty, and when called to service were allowed the same * ' Ne quid detrimenti respublica capiat.' t [Nicholas Gilman was son of Daniel Gilman, of Exeter, a grandson of the Hon. John Gilman, one of tlie first council under President Cutt, in 1680. (See page 90.) lie was born 31 October, 1731, and received a common school education. He was elected a counsellor under the temporary consti- tution of New-Hampshire in 1777, and, by annual elections, continued in of- fice until liis death, 7 April, 17^3. Three of his sons enjoyed some of the first offices in tiie state. Nicholas, the eldest, died while a senator in con- gress, in 1814. John Taylor, after liaving been governor of the state fourteen years, died 31 August, 162S, x. 75. Nathaniel, now living, has been senator in the state legislature and state treasurer.] 1775.] STATE. MESIIECH WE ARE. 363 pay as the regiments in the continental army. In the succeeding winter, uhen the Connecticut forces had withdrawn from die camp, because their time of service was expired, sixteen companies of the New-Hampshire mihtia, of sixty-one men each, supplied dieir place, till the British troops evacuated Boston. The convention having been appointed for six months only ; before die expiration of that time, applied to the general congress for their advice, respecting some mode of government for the future. In answer to which, the congress recommended j^ „ to them, ' to call a full and free representation of the ' people ; that these representatives, if they should think it neces- ' sary, might establish such a form of government, as, in their * judgment, would best conduce to the happiness of the people, ' and most effectually tend to secure peace and good order in the * province, during the continuance of the dispute between Great- ' Britain and the colonies.' On receiving this advice, the con- vention took into their consideration the mode in which a ^ ,. full and free representation should be called ; and finally agreed, that each elector should possess a real estate of twenty pounds value, and every candidate for election, one of three hun- dred pounds; that every town, consisting of one hundred families, should send one representative ; and one more for every hundred families ; and that those towns which contained a less number than one hundred should be classed. They had before ordered a sur- vey to be made of the number of people in the several coundes ; and having obtained it, they determined, that the number of rep- resentativ^es to the next convention, should bear the following pro- portion to the number of people, viz. Rockingham, 37S50 people 38 representatives. Strafford, 12713 13 Hillsborough, 16447 17 Cheshire, 11089 15 Grafton, 4101 6 In all, 82200 89 These representatives were to be empowered, by their constit- uents, to assume government as recommended by the general congress, and to condnue for one whole year from the time of such assumption. The wages of the members were to be paid by the several towns, and their travelling expenses out of the public treasury. Having formed this plan, and sent cop- ^^ -„ ies of it to the several towns, the convention dissolved. This convention was composed chiefly of men w'ho knew noth- ing of die dieory of government, and had never before been con- cerned in public business. In the short term of six months, they acquired so much knowledge by experience, as to be convinced, 364 HISTORY OF NEW-HAMPSHIRE. [177(>. lliat it was improper for a legislative assembly to consist of one house only. As soon as the new convention came together, they Dec 21 ^'"*^"^ "P ^ temporary form of government ; and, agree- ~ ably to the trust reposed in them by their constituents, having assumed the name and authority of the house of Jan. 5. representatives, they proceeded to choose twelve persons, to be a distinct branch of the legislature, by the name of a coun- cil. Of these, five were chosen from the county of Rockingham, two from Strafford, two from Hillsboro-vgh, two from Cheshire and one from Grafton. These were empowered to elect their own [iresident, and any seven of them were to be a quorum. It was ordained, that no act or resolve should be valid, unless pass- ed by both branches of the legislature ; that all money bills should originate in the house of representatives ; that neither house should adjourn for more than two days, without the consent of the other ; that a secretary, and all other public officers of the colony, and of each county, for the current year, all general and field officers of militia, and all officers of the marching regiments, should be appointed by the two houses ; all subordinate militia officers by their respective companies; that the present assembly should subsist one year, and if the dispute with Britain should continue longer, and the general congress should give no directions to the contrary, that precepts should be issued annually to the several towns on or before the first day of November, for the choice of counsellors and representatives, to be returned by the third Wednesday in December. In this hasty production, there were some material defects. One was the want of an executive branch of government. To remedy this, the two houses, during their session, performed ex- ecutive as well as legislative duty ; and at every adjournment appointed a committee of safety, to sit in the recess, with the same powers, as had been given in the preceding year, by the conven- tion. The number of this committee varied from six to sixteen. The president of the council was also president of this executive committee. The person chosen to fill this chair was an old, tried, faithful servant of the public, the honorable IVIeshech Weare, Esquire, who was also appointed chief justice of the superior court. So great was the confidence of the people in this gentleman, that they scrupled not to invest him, at the same time, with the highest offices, legislative, executive, and judicial; in which he was con- tinued by annual elections during the whole war.* * [Of a character so beloved and esteemed as President Weare, a note more extended tlian this, should bo given, but the want of suitable materials, will permit only the following notice. The family of IVeurrs was an early one in New-England, although not nmongthe earliest. Peter Weare, probably the first ancestor of the President who came hither, died 12 October, 1653, at Newbury, Massachusetts, in which place he had resided some time. His son, Nathaniel Weare, resided in 1776.] STATE. MESHECH WEARE. 565 This constitution was prefaced with several reasons for ado|)ting government, viz. That the British i)arliament liad, by many grievous and oppressive acts, deprived us of our native rights ; to enforce obedience to wliich acts, the ministry of tliat kingdom had sent a powerful fleet and army into this country, and had wantonly and cruelly abused their power, in destroying our lives and property ; that the sudden and abrupt departure of our late governor, had left us destitute of legislation ; that no judicial courts were open to punish ofTenders ; and that the continental congress had recommended the adoption of a form of government. Upon these grounds, the convention made a declaration in these words, ' We conceive ourselves reduced to the necessity of establishing a ' form of government, to continue during the present unhappy * and unnatural contest with Great-Britain ; protesting and de- * daring, that we never sought to throw oft' our dependence on * Great-Britain ; but felt ourselves happy under her protection, ' whilst we could enjoy our constitutional rights and privileges ; ' and that v.e shall rejoice, if such a reconciliation between us and ' our parent state can be efTected, as shall be approved by the that place several years, and afterwards removed to Hampton, as intimated in a note, p. 103. Peter Weare, the son of Nathaniel, was born at Newbury, 15 Nov. 16G0, and was appointed a counsellor of N. H. in ItiDb. The father of the President was Nathaniel Weare, who was probably son of Peter Weare, the counsellor. He had four sons and eight daughters. Me-shecii Weare was the youngest of the sons, and was born at what was then Hampton, in 1714. He graduated at Harvard college, then under President Wadsworth, in the year 1735, and devoted some time to theological studies, which he re- linquished for the calls of civil and political life. He was chosen speaker of the house of representatives in 1752 ; and in 1754, was appointed a commis- sioner to the congress at Albany, and was afterwards one of the justices of the superior court of New-Hampshire. In 177G, he was chosen president of the state under the new constitution, adopted that year to continue durinff the war, and was annually elected to the same office "during the contest with Great-Britain. He was also apjjointed to the office of chief justice in 1777, which he held at the same time he sustained the office of chief magistrate. In 1784, he was elected the first president under the constitution which was adopted in 17H3, and which went into operation the following year ; but on account of his declining health, he resigned his office before the expiration of the political year. He enjoyed not only civil lienors, but was complimented with those of a literary kind. In 1782, he was elected a fellow of the Amer- ican academy of arts and sciences, which two years before had gone into ope- ration in Massachusetts, under very favorable auspices. His election was announced to him by tiie corresponding secretary, Rev. Joseph Willard, the president of Harvard college. Being worn out with public service and the infirmities of age. President Weare departed this life at ids residence at Hampton-Falls, on the twenty- fifth of January, 1786, having entered on the 73d year of liis age. In speaking of iiis character. Dr. Belknap, who personally knew him, says, " he was not a person of an original inventive genius, but liad a clear discern- ment, e.xtensive knowledge, accurate judgment, calm temper, a modest de- portment, an upright and benevolent heart, and a habit of prudence and dili- gence in discharging the various duties of public and private liie. He did not enrich himself by his public employment, but was one of those good men, * who dare to love tiieir country and be poor.' " The two last parag^raphs have been transferred from a note in the Appendix to the 2d vol. of the former editions, to this place.] 3G6 HISTORY OF NEW-HAMPSHIRE. [1776. ' continental congress, in whose prudence and wisdom we con- ' fide.'* Such was the language, and such were the sentiments of the people at that time ; and had the British government, on the re- moval of their troops from Boston, treated with us, in answer to our last petition, upon the principle of reconciliation ; and restored us to the state in which we were hefore the stamp-act was made, they might even then, have preserved their connexion with us. But in the course of a lew months, we not only found our petitions disregarded, and our professions of attachment to the parent state treated as hypocritical ; but their hostile intentions became so ap- parent, and our situation was so singular, that there could be no hope of safety for us, without dissolving our connexion with them, and assuming that equal rank among the powers of the earth for which nature had destined us, and to which the voice of reason and providence loudly called us. Britain had engaged foreign mercenaries to assist in subjugating us ; justice required that we should in our turn court foreign aid ; but this could not be had, whilst we acknowledged ourselves subjects of the crown against whose power we were struggling. The exertions which we had made, and the blood which we had shed, were deemed too great a price for reconciliation to a power which still claimed the right ' to bind us in all cases whatsoever,' and which held out to us un- conditional submission, as the only terms on which we were to expect even a pardon. Subjection to a prince who had thrown us out of his protection ; who had ruined our commerce, destroy- ed our cities and spilled our blood ; and who would not govern us at all, without the interposition of a legislative body, in whose election we had no voice, was an idea too absurd to be any longer entertained. These sentiments, being set in their just light by va- rious publications and addresses, had such force as to produce a total change of the public opinion. Independence became the general voice of the same people, who but a few months before had petitioned for reconciliation. When this could not be had, but on terms disgraceful to the cause which we had undertaken to support, we were driven to that as our only refuge. The minds of the people at large in most of the colonies being thus in- * [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 «s too much like setting up an Indkpendency of the Mother Country." — Portsmouth sent in a remonstrance 12 January, 1776, but the new govern- jTient went into operation with much energy, and but little complaint was ;nade by the people after the first year.] 1776.] STATE. MESllECH WEARE. 20'^ fluenced, they called upon their delegates in congress to execute tlie 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 tin)e, when no royal j^j 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 lltli of June, 177G, a committee was chosen by the assembly of New-Hampshire ' to make a draught of a declaration of tlie general assembly ' lor the Lnjjkpk.nde.nck of tlie 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 oflice. Dkclaration of Independence by New-Hampshire in 1776. In the FIovsc of Representatives, June 11, 177G. "Fof«/, That Samuel Cutts, Timothy Walker and John Dudley, Esquires, be a committee of this house to join a committee of tlie 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 vnanimmisUjfTh.^tXhe 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 forthwitli aa 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, tiiat 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.} 3^8 HISTORY OF NEW-HAMPSHIRE. [1776, force was fndecil 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 jiublished J J jcj by beat of drum in all the shire towns of New-Hampshire. 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 die limits of authority on the one side, pnd 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. ^ '^ 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 j and the half- pence, which bore the name of George 111., 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-Hampsliire in cong-ress, who signed the declara- tion of independence, were Josiaii Bartlftt, William Whipplk and Mat- thew Thornton, of eacii of wliom a memoir is given in tlie national work, Biography of the Siirners of the Declaration of Indrprndrnrc. As the editor of this work furnisliea the biographer of these men call the facts and materials in his possession, he can add notliing new to their liistory, but refers the reader to the work mentioned. The most important information contained in this work has been condensed by N. Dwightof the city of New- York, and publish- ed in a duodecimo volume.] 1776,] STATE. MESHECH WEARE. 3C9 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, . , . „, 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 mai iifacture of gun- powder was, after some time, established ; but notwithstanding all our cxeitions, foreign supplies wore 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 w-ere posted at the forts in the harbor. Supplies of fire arms and ammunition were sent to die 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 Wash- 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. liawrence 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. f Arnold was engaged in stripping * [1776. The towns of Washington, formerly Camhdcn, and Marlborough, formerly Kcto-MarJhorough, 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 tas resolution and intrepidity. He was appointed a major-general on the continental establishment in March, 177(5 ; but had been second in command in the provincial army in the summer of 1775, till General Wasliington arrived at Cambridge. Ho had also served with reputation ns a field officer in the war of 1756, between England and 40 370 HISTORY OF NEW-HAMPSHIRE. [1776. 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 enenjy, that they could scarcely find time to kindle a fire to ilress their victuals, or dry their clothes. At St. John's, the pursuit ceased. On the arrival of our army at J , J 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 JMount 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- ' ing to remonstrances on this head, were obliged to adopt a more permanent establishnicnt. 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 scrujjles, lie refused to be inoculated for the small-pox himself, and would not sufl'er his troops to receive inoculation.] * [Joseph Cii.i.ey wa.s 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 171)8, 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 yeftrs. He died at Nottingham in August, 1799, aged ri."j ] 1777.] STATE. MESHECH WEARE. 371 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 j^, g 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 j^j g 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. ^ When the news of this affair reached New-Hampshire, the assembly had finished their spring session and returned home. A summons from j , ,_ 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 Vv hippie, f 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 die 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.] t [William Whipple was a native of Kittery, in Maine, where he was born in 17IW. 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 IT.'Si), 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-Hampsliire after the war with Great-Britain com- menced ; was a delegate to the general congress at Philadelpliia, and one of the signers of the decharation 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 wliich office he remained about three 3'ears. He died at Portsmouth, 10 November, 1785, aged 54. Adams, Annals of Portsmouth. 281 — 234. — Biography of the Sign- ers of the Declai-ation of Independence, V. 73 — 98.] 373 HISTORY OF NEW-HAMPSHiRE [1777. 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 ohserved 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 quilted 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 * Charlcstovvn 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 die 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.'^ 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.^ Here, Stark joined him, and met w?ith 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 ^^' ' 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 liouse of delegates of New-Hamp- shire, on the 21 ^farch, 1777, passed the following vote : " Voted that the tlianksof bothliouses in convention be given to Colonel Stark, for his good Bcrvices in tlie present war, and tliat from his early and steadfast attachments to the cause of liis country, they malic not the least doubt'that his future con- duct in whatever state of life providence may i)lace him, will manifest the aainc noble disposition of mind." Whereujjon tiie thanks of both liouses were presented to Colonel Stark by tho honorable the president. Records of the House of Ropp vol. ii. 12().] 1777.1 STATE. MESHECH WEARE. 373 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 arnny lay at fort Edward. Thence he detached Lieutenant Colonel Baurn, 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.* The Indians who proceeded 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. ^ The next morning, he marched with his whole brigade, . 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 body 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 . 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- . pany of militia from the grants, and another from the conn- "^' ty of Berkshire, in Massachusetts. His whole force amounted to about sixteen hundred. He sent Colonel Nichols,f 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 Cnpt. .John Gregg, and grandson of Capt. James Gregg, wlio was one of the first sixteen who settled that town, as mentioned page 1!)2. 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 tha 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 04th 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, C> Dec. 177C; was a delegate to the convention, whicTi met in 1778 to form a 4J74 HISTORY OF NEW-HAMPSHIRE. [1777. 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 main 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. In the account of this batde, which Stark sent to the committee of New-Hampshire, he said, ' our people behaved with the great- . ,g ' est spirit and bravery imaginable. Had every man been "^' ' ' an Alexander, or a Charles of Sweden, they could not * have behaved better.' He was sensible of the advantage of keeping on the flank of the enemy's main body ; and therefore sent for one thousand men to replace those whose time had ex- pired ; but intimated to the committee that he himself should re- new constitution, and a representative from Amherst in 1781 and 1789, and subsequently a l)rigadier-general. He was register of deeds of Hillsborough •county from 177(1 to liis death. He was bred a physician and practised with much success. He left several sons, (lie eldest of whom was Moses Nichols, Esq. a physician, who resided in Thornton, in Canada, in Amherst, and after- wards again in Canada, to which place he removed in 1811, and where he lately sustained the office of judge of some court.] * [Col. Thomas SricKNEy, son of Lieut. Jeremiah Stickney, was a native of Bradford, Massachusetts, but spent nearl}' his wiiole life in Concord, in this state, wJiere his father removed about the 3'ear 1731, and where the colonel flied 2C) .January, 1809, in the 80th year of his age. Moore, Annals of Con- eord, 03.] 1777.] STATE. MESHECH WEARE. 375 turn with the brigade. They cordially thanked him ' for the very ' essential service which he had done to the country,' but earnest- ly pressed liim to continue in the command ; and sent him a re- inforcement, ' assuring the men that they were to serve under ' General Stark.' This argument prevailed with the men to march, and with Stark to remain. The prisoners taken in this battle were sent to Boston. The trophies were divided between New-Hampshire and Massachu- setts. But congress heard of this victory by accident. Having waited some time in expectation of letters, and none arriving ; in- quir}^ was made why Stark had not written to congress f Ho answered, that his correspondence with them was closed, as they had not attended to his last letters. They took the hint ; and though they had but a few days before resolved, that the instruc- tions which he had received were destructive of military subor- dination, and prejudicial to the common cause ; yet they present- ed their thanks to him, and to the officers and troops under his command, and promoted him to the rank of a brigadier-general, in the army of the United States.* This victory gave a severe check to the hopes of the enemy, and raised the spirits of the people after long depression. It wholly changed the face of affiiirs in the northern department. Instead of disappointment and retreat, and the loss of men by hard labor and sickness ; we now were convinced, not only that our militia could fight without being covered by intrenchments ; but that they were able, even without artillery, to cope with regu- lar troops in their intrenchments. The success thus gained was regarded as a good omen of farther advantages. ' Let us get them into the woods,' was the language of the whole country. Burgoyne was daily putting his army into a more hazardous situ- ation ; and we determined that no exeruon should be wanting on our part to complete the ruin of his boasted enterprise. The northern army was reinforced by the militia of all the neighboring states. Brigadier Whipple marched with a great part of his brig- ade ; besides which, volunteers in abundance from ev^ery part of New-Hampshire flew to the northern army now commanded by General Gates. Two desperate battles were fought, the one at Still- water, and the other at Saratoga ; in both of which, the troops of New-Hampshire had a large share of the honor due to theAmer- * [General John Stark was a native of Londonderry, and died at Man- chester, (formerly Derryfield) 8 May, 1822, having nearly completed his 94th year. Excepting Gen. Sumpter of South-Carolina, he was the last surviving general who had a command in the war of the American revolution. It is only necessary to refer the reader for a biography of him to the Coll. of Far- mer and Moore, i. 02 — 110, and the sketch of his life published in the Boston Statesman, in 182'.), and copied into various papers the same j'ear. In the 392d number of Sir Richard Phillips's London Magazine, there is an account of him which is very erroneous and ridiculous. The editor of that workhow- evM afterwards received more correct information respecting General Stark.] 376 HISTORY OF NEW-HAMPSHIRE. [1777. ican army. Iq the former action, two lieutenant-colonels, Adams and Colburn,* and Lieutenant Thomas, were slain in the field ; and several other brave oflicers were wounded, one of whom. Captain Bell, died in the hospital. In the latter, Lieutenant-Colonel Con- ner and Lieutenant McClary were killed, with a great number of their men ; and Colonel Scammell was wounded. The conse- quence of these battles was the surrender of Burgoyne's army. This grand object being attained, the New-Hampshire regiments performed a march of forty miles, and forded the Mohawk river, below the falls, in the space of fourteen hours. The design of this rapid movement was to check the progress of a detachment, commanded by the British general, Clinton ; who threatened Al- bany with the same destruction which he had spread in the country below ; but on hearing the fate of Burgoyne, he returned quietly to New-York. The regiments then marched into Pennsylvania and passed the winter in huts at Valley-Forge. Besides those ofilccrs slain at the northward, we sustained a loss in the death of Major Edward Sherburne, aid de camp to General Sullivan, who was 'dllcd in a bold, but unsuccessful action at Gcrinantowu.f After the capture of Burgoyne's army, all danger of invasion from Canada ceased ; and the theatre of the war was removed to the southward. The troops of New-Hampshire, being formed into a distinct brigade, partook of all the services and sufferings, to which their brethren were exposed. In the battle of IMonmouth, a part of them were closely engaged, under the conduct of Colonel Cilley and Lieutenant-Colonel Dearborn ; and behaved ' with such bravery as to merit the particular ai)probation of their illustrious general. They continued with the main body, all that campaign, and were hutted, in the following winter, at Read- ing. In die summer of 1776, when a French fleet appeared on our coast, to aid us in the contest with Britain ; an invasion of Rhode- Island, then possessed by the British, was projected, and General Sullivan had the command. Detachments of militia and volun- teers, from Massachusetts and New-Hampshire, formed a part of his troops. But a violent storm having j)revented the co-operation of the French fleet and driven them to sea ; the army, after a few skirmishes, was under the disagreeable necessity of quitting the island ; and the retreat was conducted by Sullivan with the greatest caution and prudence. J * [Liout. Colonel ANniiF.w Colkurn belonjjod to Marlborough, and re- ceived tlic appointment, of lieutenant-colonel of the third battalion, raised in Novv-IIampshire in 177(). He was a bravo meritorious officer.] t [1777. Antrim, being part of a place called Society-Lands, was incorpo- rated ^2 March. Acts and Laws of the state of New-Hampshire, folio.^p. 7(3. Tlie towns of Moultonborough and New-Hampton were incorporated 27 Nov- ember. Ibid. !ty, 04.] X [1778. The towns of Grafton, New-Chester and Fishersfield were incor- porated on the 11, 20 and 27 of November respectively. Acts and Laws of the state of Now-Hampshirc, folio 127, 131, 137.] 1779.] STATE. MESHECH WEARE. 377 When an expedition into the Indian country was determined on, General Sullivan was appointed to the command, and the New- Hampshire brigade made a part of his force. His route t---Q was up the river Susquehanna into the country of the Sen- ecas; a tract imperfectly known, and into which no troops had ever penetrated. The order of his march was planned with great judgment, and executed with much regularity and perse- verance. In several engagements with the savages, the troops of New-Hampshire behaved witli their usual intrepidity. Captain Cloyes and Lieutenant jMcAulay were killed, and Major Titcomb was again badly woimded. The provisions of the army falling short, before the object of the expedition was completed, the troops generously agreed to subsist on such as could be found in the In- dian country. After their return, they rejoined the main army, and passed a third winter in huts, at Newtown in Connecticut. In the latter end of this year, Sullivan resigned his command and retired.* In the following year, the New-Hampshire regiments did duty at the important post of West-Point, and afterward march- . ^op ed into New-Jersey, where General Poor died.f Tin-ee regiments of militia were employed in the service of this year. The fourth winter was passed in a hutted cantonment, at a place called Soldier's Fortune, near Hudson's river. In the close of this year, the three regiments were reduced to two, which were commanded by the colonels, Scammell and George Reid.J The next year, a part of them remained in the state of New- York, and another part marched to Virginia, and were .„p- present at the capture of the second British army, under Earl Cornwallis. Here the brave and active Colonel Scammell was killed. § In the winter, the first regiment, conunanded by * [1770. The towns of Andover, formerly Kcic-Bretton. New-London, for- merly .^fW/ pages, to v.'hich 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 ot Now- York and New-Hampshire over the New- Hainpshire Grants (so called) lying on both sides of Connecticut river. In a Letter to the Inlial)ilants on said Grants." 12 mo. pp. 15. Uanvers, 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 Dth of Day of December, 1778. By Ira Allen. Arlington, Dth Jan. 1779." 12 mo. pp. 48. Dresden, printed by Al- den Spooner, 177!). " A Concise Refutation of the Claims of New-Hamp- Bhire and Massachusetts-Bay, to the Territory of Vermont ; Avith 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.] 1778.] STATE. MESHECH WEARE. 387 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 suhmission 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 f irty, 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.' i 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- j j^ 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 j go 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^jUame of the assem- bly, wrote to the government of Vermont, claiming the . ^^ sixteen towns as part of the state, the limits of which had been determined prior to the revolution ;/reminding'.Uiim that those towns had sent delegates to the convention in 1775 ; that they had applied to the assembly for armsand ammunition, which had been sent to them ; that their military officers had accepted (1) MSS. in New-HampshircTJes. • 1 Cornish, 8 Bath, ' 2 Lebanon, !) Lyman, ^ a name given to tho ,^ , , C now divided into Lit- 3 Drcsdm V^'strict belonging to ^" *'^^,T^',,. ^ tleton and Dalton. ' J Dartmouth College ; 11 Enfield, ' but now disused. 12 Canaan. 4 liime, 13 Cardigan, now Orange, 5 Orford, 14 Landaft', G Pierniont, 15 GuiUhwaitc, now'New-Concord, 7 Haverhill, 16 Morris-town, now Franconia. 388 HISTORY OF NEW-HAMPSHlRJi. [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 aflbrd ; 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 AufT If) ^'^^'^'^ ''^^ interposition of that body ; intimating his ap- "' " prehension, that without it, the controversy must be deci- ded by the sword, as every condescending measure iiad been used from the beginning and rejected. Tlie 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 Q , 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 soutii 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 jj g 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, 1778.] STATE. MESIIECH WEARE. 389 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 17G4.' — Till one or other of these proposals should be complied with, they determine ' to trust in providence and defend themselves.' An atten)pt was made in the following year to form a a consti- tution for New-Hampshire, in which the limits of the state ,^^q 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 np 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. If lie has not succeeded in ohtain- 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 diere been no attempt to unite with the towns on the eastern side of the river, New-Hamp- shire would perlia|)s never have opposed the independence of Vermont. But the Assembly was afterward induced to claim all that territory, which before the year 17G4, 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 Verniont. The controversy had become so intricate, that it was thought necessary to be decided by congress ; and Se t 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 cleficiency in the representation caused a long delay ; but after the expiration of another year, the question was brought on. The claims of %v I would ask j'ou candidl}', 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 conoress of the 21st of August last ; and whether, agreeable to the tenor of your^own letter to me, the late extension of j-our claim upon New-Hampshire and New- York, was not more a political manoeuvre, than one in which 3-ou conceived yourselves justifiable. If my first question be answered in the atfirmative, 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 sufl^ered 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 suflicientiv 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, tiiev do not mate- rially injure the rights of others. I am apt to think this is "the prevailing opinion of congress, and that )-our late extension of claim has, upon the prin- ciple I have above mentioned, rather diminished than increased your friends ; and that, ifsuch extension should be persisted in, it will be made a common 52 394 HISTORY OF iNEW-HAMPSIIIRE. [1782. to produce disagreeable effects. The judicial courts of New- Hampshire had sat without mucii interruption, in the county of Cheshire and Grafton, whilst the oflicers 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 holdcn at Keene, a number of persons appeared, to oj)pose its proceedings, and effected their purpose so far as to make an adjournment necessary ; but ^^ ■ three of the leaders of the opposition w-ere 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 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- opened, their petition was publicly read ; i of it was postponed to the next day. The 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 l)etween you and tiie enemy in Canada and in New-York. 1 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 lias had this certain bad tendency, it has served to give some ground to tliat delusive opinion of the enemy, and upon which they, in a great measure, found their liopes of success ; that they have numerous friends among us, who only want a prf)per opportunity to shew thenaselves 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 tlie terms wliich luave been offered, (and which appear to me equitable) and thereby convincing the common enemy, tiiat all their expectations of disunion are vain, and tiiat 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 Iionorable 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. 1782.] STATE. MESHECH WEARE. 395 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 Ncvz-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 sufiicient powers to that body. — The partial imposts, laid by some of the states, were inefiiictual, so long as others found their interest in omitting them. Recourse therelbre, 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 suiFered 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 ^pyor ^l^'^j i)etitions were addressed to the legislature ; and to remedy the grievance, as far as it was occasioned by a ■*■'■ 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 atTeastone 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, tliat 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, whicli 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-^85.1 ^TATE. 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 notreheve the debtor, who was suffering for his past engagements, and the difficukies 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 5 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 paUiatives, 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 ^^^ g ' creditor, in satisfaction of an execution for debt, either ' 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 clamor 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 Insunections, p. 15. 398 inSTORY OF NEW-llAMPSHlRE. [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 eitlier concealed or made over to a third person ; and when Uie sherill'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- ^^of 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 pur))ose 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 suliject. 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.* The same party who were so zealous in favor of paper cur- * A specimen of the language used on this occasion is as follows: — ' Seven ' states are now blessed with harmony, plenty and happiness. Worthy, in- ' dustrious men can go to market with a penny in their pockets; their benev- ' olent friends, tiie farmers, meet them half way witli cheerfulness, and are ' as read}' to receive as tliey to offer ; now one greets the other with social ' benedictions, trade flourishes, agriculture increases, mutual confidence is ' restored, and harmony reigns triumpliant. Elysian fields these ! when con- ' trasted witli tiie bondage of the inhabitants of New- Hampshire ; for ' in the ' midst of life, tiiey are in death.' death of the worst kind, penury and want of ' the common blessings of providence. How long, freemen of New-Hamp- ' shire, can ye bear the yoke of oppression I' New-Hampshire Gazette, July 20, 17rtC. 1780.] STATE. JOHN SULLIVAN. 399 rency, and against laws which obliged them to pay their debts, proceeded to inveigh against courts and lawyers. The inferior courts were represented as sinecures for judges and clerks ; the defaulting, appealing, demurring, abatements, fees and bills of cost, without any decision, were complained of as burdens, and an abolition of these courts became a part of the popular cry. — But the party did not content themselves with writing in the pub- lic papers. An attempt was made to call a convention, at Con- cord, whilst the assembly were sitting there, who should petition the legislature in favor of the plan ; and it Vv'as thought, that the presence of such a body of men, convened at the same time and place, would have great weight. The attempt was defeated in a manner singular and humorous. At the first sitting of the assembly, when five only of the mem- bers of the proposed convention were in town, some wags, j among whom were several young lawyers, pretended to have been chosen by the towns in wiiich they lived for the same pur- pose. In conference with the five, they penetrated their views, and persuaded them to post an advertisement, for all the mem- bers who were in town to assemble immediately ; it being of the utmost importance to present their petition as early in the session as possible. By this means,, sixteen pretended members, with the five real ones, formed themselves into a convention, choosing one of the five their president, and one of the sixteen their clerk. They carried on their debates and passed votes with much ap- parent solemnity. Having framed a petition, complaining in the most extravagant terms of their grievances ; praying for a loan of three millions of dollars, funded on real estate ; for the abolition of inferior courts, and a reduction of the number of lawyers, to two only in a county ; and for a free trade with all the world ;. they went in procession to the assembly, (some of whom had been previously let into the secret) and with great formality pre- sented their petition, which was suffered to lie on the table, and was afterwards withdrawn. The convention then dissolved ; and when others who had been really chosen by the towns arrived, they were exceedingly mortified on finding their views for that time so completely frustrated. The next effort of the party was to call county conventions. — Of what class of people these were composed, some idea may be formed from this circumstance. An innholder, at whose house one of these conventions first met, refused to take their promise for lumber to pay the expense of their meeting; upon which they adjourned to a ware-house, belonging to one of the party, and were treated with liquor, gratis. From two of these conventions, and from several towns in dif- ferent parts of the state, petitions were presented to the „ ^ ,0 1-1 1 • ■ T-i C-A 1 1 Ti Sept. 13. legislature, at their session m Exeter. On calm delib- eration, these petitions appeared to be inconsistent with each other, 400 HISTORY OF NEW-HAMPSHIRE. [1786. with the constitution, with justice and public faith. But to still the clamor and collect the real sense of the people on the subject of paper currency ; the assembly formed a plan for the emission of fifty thousand pounds, to be let at four per cent, on land secu- rity ; to be a tender in payment of state taxes, and for the fees and salaries of public onicers. This plan was immediately printed, and sent to the several towns ; and the people were de- sired to give their opinions in town meetings for and against it, and to make return of their votes to the assembly at their next session. This way of proceeding did not coincide with the views of the party ; the principal directors of which endeavored to conceal themselves, whilst they persuaded a considerable number of per- sons of various characters, to appear openly in support of the pe- titions. They took pains to spread false reports through the coun- try ; and among other things, it was said that the assembly had passed an act, to refund the value of the confiscated estates, which was to be immediately assessed on the people. It must be observed, that at this time, causes of a similar na- ture had excited numbers of people in some counties of Massa- chusetts, to assemble in arms and prevent the judicial courts from sitting.* This example, aided by false reports, and a sense of grievances, partly real and partly imaginary, operated so power- fully on the minds of a number of people, in the western part of the county of Rockingham ; that on the morning of the twentieth of September, about two hundred men assembled at Kingston, six miles from Exeter, where they chose leaders and procured a drum. By the help of some militia oflicers, they formed them- selves into military order, and in the afternoon, marched to Exe- ter ; about one third of them being armed with muskets, and the others with swords and clubs. Having entered the confines of the town, they halted ; and sent a paper to the assembly, signed by one of them who styled himself moderator, demanding an an- swer to their former petition immediately. They then marched through the town, and paraded before the meeting-house, where both houses of assembly were holding a conference. The doors were open, and as many of them as were disposed, entered. — The president, in a cool and deliberate speech, explained the * [The insurrection in Massaclinsotts nssuined sucli a threatening aspect, that the governor of that, state wrote to President Sullivan, requesting him to offer a reward for apprehending any of the rebels who should flee to thia state, and to take measures for preventing their receiving any supplies. — '• The government of New-Hampshire, pursued every measure, which it was thougiit the powers vested in the president and council would authorize. — They did not think proper, to admit armed parties from another state into that; but the existing laws permitted civil officers of other states, to pur- sue offenders there, and by application to a magistrate to have them appre- hended and sent into the state having jurisdiction of the offence. They, therefore directed a major-general, to secure all armed parties, who might come into their state ; and a proclamation was is-ued by their president, agreeably to the request of the governor of the commonwealth.' Minot, Hist, of the Insurrection in iVIa,ss. 1;7>4.] I78C.J STATE. JOHN SULLIVAN. 401 reasons on which the assembly had proceeded in rejecting the petitions ; exposed the weakness, inconsistency and injustice of their request; and said, that if it were ever so just and proper in itself, and if the whole body of the people were in favor of it, yet the legislature ought not to comply with it, while surrounded by an armed force. To do this, would be, to betray the rights of the people, which they had all solemnly sworn to support. He con- cluded by declaring, that no consideration of personal danger would ever compel them to violate the rights of their constituents. This speech being ended, the drum beat to arms; as many as had guns were ordered to load them with balls ; sentries were placed at the doors, and the whole legislature were held prison- ers ; the mob threatening death to any person who should attempt to escape, till their demands were granted. The assembly went on with their business, taking no farther notice of the rioters, till the approach of evening ; when the president attempted to go out, but was stopped by an impenetrable column. He then reasoned with them, and warned them of the fatal tendency of their con- duct, assuring them, that the force of the country would support the government. Their answers to him were insolent and re- proachful. They raised a cry for paper money, an equal distri- bution of property, and a release from debts. The inhabitants of Exeter had all this time beheld with silence the insult offered to the legislature. Having no orders to take arms, they restrained their indignation, till the dusk of the evening; when some of them beat a drum at a distance, and others cried, ' Huzza for ' government ! Bring up the artillery !' At the sound of these words, the mob were struck with a panic, and began to disperse, Their moderator ordered them to meet again, at nine of the clock the next morning, and they scattered in every direction.* * [The president of New-FIampshire at this time was John Sullivan, of whom through the kindness of the Hon. William Plumer, I am enabled to add the following note, John Sullivan was the son of John Sullivan, and was born in Berwick, Maine. Without an academic education, he commenced the practice of law at Durham, in this state, where he lived till his death. He was in the times in which he lived, considered a distinguished lawyer. In 1772, he was ap- pointed a major in the militia. In 1774, he was appointed a delegate to the general congress; and in December, he, with others, seized the Britisji fort William and Mary, at New-Castle, and took more than a hundred barrels of gunpowder from thence, and removed it into the country. In 1775, he waa re-appointed delegate to congress ; and by that body on the 22 June, was ap- pointed brigadier-general in the revolutionary army. He commanded the troops stationed on Winter Hill, in the vicinity of Boston. He received from congress the appointment of major-general, 29 July, 1776. The 2Gth August, he was taken prisoner on Long-Island, New-York, and in October, was exchanged ; sent to the army in Canada, where after the death of General Thomas, he commanded; but was soon superseded, and re- turned to the main army. In 1777, he was distinguished for his bravery and good conduct in the battles of Brandy wine and Germantown. In August, 1778, he commanded the army at Newport, Rhode-Island, but was obliged to retreat, on which occasion his conduct met the approbation of congress. In 1779, he commanded an expedition against the Indians, where he euiierotl 53 402 HISTORY OF NEW-HAMPSHIRE. [1780. The assembly being ilius at litierly, requested the president to call out the force ol' ilie sialc to iiuc-ll thtJ insurreclion. jn the evening, he issued his orders, and belbrc mofning companies of militia, well armed, began to come in liom ilie neighboring tfuvns. o » ni l^y ten of ihe clock in ilie morning, a siifhcienl body of horse and loot, wiili lieltl-pieces and mnitary Jiuisic, hav- ing arrived j the president put ihem in motion against t!;e insur- gents, who were then parading, about a mile distant. Having by their spies obtained intelligence of the motion of the miliiio, the unarmed part of the insuigents retreated to a hill beyond the riv- er ; the others kept their ground till a pariy ot" light-liorse appear- ed in view, and then tl)e whole body retired. Some of ihern were taken by the pursuers ; others recovered the bridge at King's fall, and being met by those who had first retreated, made an appearance as if they would dispute the passage. Orders were given by one of their leaders to lire ; but the iorce of the government appeared so ibrmidable that iliey dared not to obey. The officers of the militia rusl)ed in among them, seized their moderator and others, to the number of forty. The rest fled with precipitation, and no farilier pursuit was made. Tlie pris- oners were disarmed and conducted to the town ; where they were brought to an examination belbre the president and council. Had these men been engaged in a good cause, and commanded by projier officei-s, they would have mainiained the honor of their country, and fought her battles with ardor and peisevcrance ; but, conscious of their inconsistency in opposing a government of their own establishing, their native fortitude foisook them ; and they gave an example of the most humiliating submission. IMcst of tljem professed to be asliamed of their conduct, and their sliamc appeared to be sincere. The dignity of g(;vernment being thus vindicated, its lenity great fatigue, but destroyed many Indians, and laid their country waste. On the SCtli November, congress accepted his resignation, which he had previous- ly requested. In February, 1780, the legislature of the state appointed him an agent to settle the line between New-Hampshire and New-VTork ; and June '^ist, a delegate to the congress of the United States, and on the 19 January foUovv- incf, re-appointed him to that office. In January, 17ciJ, the legislature ap- pomted him commander of their troops to Vermont, and en the !il June, at- torney general of i\e\v-Hampsh!r>^. ■ After the establisliment of the state constitution, he was re-appointed at- torney general, 25 December, 17-4, and UInj^r-general cf the militia, l)ot!i of which he held till 2ii Ftbruiry, 17dt). when he resigned themb(.th. in 17c5, he was member and speaker of t!ie h.use of representatives aiid counsellor. In 17dr) and 17o7, he was elected president cf the state. In 17cd, he was a member and speaker of tlie hou30 of representitives ; member anJ president of the convention which ratified the c-nstitution t f the United States. In 17ci!>, he was an eKctor of president and vice president of the United States, and in March, was elected preiideutof the state for the third time. — In September, the same year, the president and senate of the U. S. ^>pp^intcd him judge of the district court ol" New-Hampsliire, wliich olGcc lie lield as loag 03 he lived, lie died 2'i January, 171.5, a^ed 51 years.] nSO.J STATE. JOHN SULLIVAN. 403 was equally conspicuous. Six only of the prisoners were de- tained, nnd a parly of liglit-lioise was sent to apprehend two others of the most culpable. They were taken out of tlieir beds and brought to Exeter. This mar.CEuvrc had an excellent effect, for some, who knew themselves equally guiliy, were afraid lo sleep in their own houses. The superior court beinsihen e, . «_ r . , . , .' ^ , Sept. 25. m session at L.xe(er, these eight prisoners were arraigned on an indictment for treason. One dropping on his knees, plead- ed guilty. Others hesitated when they pronounced the words ' not guilty.' They were ordered to recognize for their appear- ance at the next superior court, when their bonds were discharged. Some of them, who belonged to the preshyterian churches, were cited before the ecclesiastical session, and there censured, as op- posers ofjust government. Others,' being military officers, were tried by a general court martial ; of these, some were cashiered, but not incn])nci(a:od for future service ; some were reprimanded, and others were acquitted. The whole opposition was complete- ly subdued ; wavering minds became settled ; converts were made to the side of government ; and the system of knavery re- ceived a deep wound, from which it has not since recovered. The plan which had been issued by the assembly, for emitting paper money, was in course referred to the people, in .^(,_ their town meetings ; and at the next session, the returns ' were made, when a majority appeared against it. To "' Cuisi) the whole matter, two questions were put in the assembly. The first was ' whether the legislature can, consistently with the * constitution, and their oaths, pass an act making paper bills of * credit, a tender to discharge private contracts, made prior to the ' passing such act P Tiie other was, ' whether paper money be * emitted on any plan which has been proposed .^' Both these questions were determined in the negative. To observe the progress of wisdom and virtue, and the obsta- cles which are laid in the way of vice, is a most pleasing enter- tainment to the philanthropist ; and it is but just, in such a con- templation, to acknowledge that superintending influence, which brings good out of evil. It was feared by many, that the Amer- ican revolution would not produce that sum of political happiness which its warmest advocates had fondly predicted. The efforts of faction in several of the states were very alarming. In New- Hampshire, the assault being made directly at the supreme head of the government, the force of the state immediately rose and crushed it. In iMassachusettr, the attacks were made on the ju- dicial courts, which of themselves had no ))ower effectually to oppose them. The disaffection there rose to a higher degree ; it was more extensively diffused, and with more difticulty quelled. But at length, the constitutional powers of government being ex- erted with vigor, the spirit of anarchy was suppressed. la anolh- 404 HISTORY OF NEW-HAMPSHIRE. [HSti er neighboring state, the same spirit reigned triumphant. A de- preciating currency was established by law, aud pertinaciously adhered to by the government. The imbecility of the confederation by which the states were united, had long been felt, and some attempts had been making to strengthen it ; but the view of our situation at this time demon- strated the total inefficacy of that constitution, to bind together thirteen distinct sovereignties, over which no coercive power was established, which could prevent or cure such evils as threatened the destruction of all public and private credit. Happily for the American union, the remedy existed within itself. The good sense and public virtue of the great body of our citizens readily adopted the idea of a Convention of the States. The first proposal came from Virginia, where American hberty was first publicly asserted, when it was flagrantly violated by the stamp act. The name of Patrick Henry will ever be illustrious in the Amer- ican annals for moving the resolves of 17G5 ; and the name of James Madison will be equally distinguished for proposing the convention of 1787. To this convention, which was hnlden at Philadelphia, all the states, except one, sent their delegates. After a close and par- ticular investigation, they produced a new federal constituUon ; containing adequate remedies for those political disorders, which had threatened with extinction, the liberty and independence of the American states. Among other wise provisions, to establish justice and secure the blessings of liberty, those which respect public and private credit are not the least conspicuous. To support the former, the con- gress has a power which, by the first confederation, was not dele- gated, ' to lay and collect taxes, duties, imposts, and excises, to ' pay the debts and provido for the common defence and general ' welfare of the United States.' For the latter, it is declared, that ' no state shall coin money, emit bills of credit, make any thing ' but gold and silver coin a tender in payment of debts, pass any ' bill of attainder or expost facto law, or any law impairing the ■ * obligation of contracts.' When this new constitution was proposed to the people, con- ventions were called in each state to consider it. In these bodies^ composed of persons who represented impartially every class and description of the people, and who were themselves equally vari- ous in thoir principles, habits and views, the constitution under- went the most critical and severe discussion. Whilst it was in debate, die anxiety of all parties was extended to the utmost de- gree, and the efforts of its friends and its opposcrs were unre- mitted. After the constitution had been, with the help of some propos- ed amendments, adopted by Massachusetts, a convention was i788.] STATE. JOHN LANGDON. 405 called at Exeter in New-Hampshire. At its first meeting, a de- bate which continued ten days ended in an adjournment . _„o for four months ; at the expiration of which term, in a ^^^ jg' short session of three days only at Concord, the question for adopting and ratifying the constitution, was, with the ""^~ ' same help as in Massachusetts, carried in the affirmative, by a majority of eleven ; the whole number present being one hundred and three. This was the ninth state in the union which accepted the constitution ; and thus the number was completed which was necessary to put in motion the political machine.* In about a * [1788. John Langdon was elected presidentof New-Hampshire for the second time. A note, detailing the services of this early patriot of the revo- lution, will conclude the editor's annotations on this part of the labors of the historian of New-Hampshire. John Langdon was a native of Portsmouth, and w'as born in 1740. His father, of the same name, was the sixth son of Tobias Langdon, and lived at Sagamore's creek in Portsmouth, where his house was burned, about the year 1740. Tobias is supposed to have been son of Tobias Langdon, who lived in New-Hampshire in 1C62. He received his education at the public grammar school, under the tuition of Samuel Hale. From school, he went into the counting house of the hon- oiable Daniel Rindge, where he became well acquainted with mercantile transactions. At the close of his apprenticeship, he entered upon a seafaring life, which business he continued to follow, until the troubles between the country and Great-Britain commenced. He took-an early and active part in tlie opposition to the British government, and was one of the leaders of that party, which removed the powder and military stores from the fort at New- castle, in December, 1774. In 1775, he was appointed a delegate to the gen- eral congress, and in January, 1776, was re-appointed to the same office. — Soon afteu the beginning of the revolutionary war, he had the command of an independent company of cadets, and at the time of the surrender of the British army under BurgOyne, went to Bennington as a volunteer. He was likewise at Rhode-Island with a detachment of his company, at the time the Briiish troops were in possession of the island, and when General Sullivan brought off the American troops. He was representative and speaker of the house of representatives in this state in 1776 and 1777, and in the former year, judge of the court of common pleas, which office he resigned in April, 1777. In 1778, he had the agency under congress of building several public ships of war, and was appointed continental agent in New-Hampshire. In 1779, he was a member and presi- dent of the New-Hampshire convention for regulating the currency ; and from 1777 to 1782 memberandspeaker of the house of representatives of New- Hampshire. In 1780, he was a commissioner to raise men and procure pro- visions for the army ; and on the 13 June, 1783, was appointed delegate to the congress of the United States. In 1784 and 1785, he was elected a member of the New-Hampshire senate, and the latter year, president of the state, being the successor of Meshech Weare. In 1788, he was a delegate to the convention which formed the constitution of the United States. In March, the same year, was elected rep- resentative of the legislature, and speaker of the house in June, when on counting the votes for president, he was found to be elected. In November, the legislature elected liini senator to the congress of the United States, and was there elected the first president /^ro tern, of that body, the}' ever appoint- ed. In 1794, he was re-elected for another term of six years. From 1801 to 1805, inclusive, he was representative in the N. H. legisla- ture, and in 1804 and 1805, was elected speaker of the house. From 1805 to 1808, and in 1810 and 1811, he was elected governor of the state. In 1805, the government of Dartmouth college conferred on him the degree of Doctor of Laws. Governor Langdon died at Portsmouth, 18 September, 1819, aged 79. Adams, Annals of Portsmouth, 370—373. — MS. Amer. Biography by Hon. W. Plumer.— Gazetteer of N. Hamp. 222.] 40C HISTORY OF NEW-HAMPSHIRE. [178D. month, two more states were added. Then a congress was form- 17C0 ^^' ^"^' '''"^ ilhistrioiis Washington, by the unanimous suffriis;e of the people, was phiced in the first seat of gov- ernment. Three other stiiies, of which one is Vermont, have since been admitted into the union ; and tliere is now in opera- 70n ^''^" ^ general system of energetic government, which pervades every part of the United Stales, and has ah-eady produced a surjirising alteration for the better. By the funding of the continental debt, and the assumption of the debts of the in- dividual states, into one general niass, a foundation is laid for the support of public credit ; by which means, the American revolu- tion appears to be completed. Let it be the sincere prayer and endeavor of every thoughtful citizen, that such harmony may pre- vail between the general government, and the jtwisdiction of each state, as the peculiar delicacy of their connexion requires ; and that the blessings of ' peace, liberty and safet}',' so dearly obtain- ed, may descend inviolate to our posterity. APPENDIX. TABLES. Chief Magistrates of New-Hampshire and Rlassachusetts from 1C41 to 1830 ; with the Kings of England from the first settlement of N. H. in MJ'22, until the separation of this country from Great-Britain, and the Pres'-dents of the United States from the adoption of tlie Federal Constitution. COLONIAL GOVERNMENT. I Govi rnorsot New-Hanipjiiae A.D. Kings of England. and Massachusetts, while united. 1623 James 1. 1625 Charles I. 1641 (( Richard Bellingham. 1642 cc John Wiiithrop. 1644 <( John Endecott. 1645 31, the ■on of Nicholas Ffrost of Kittery, who was born at Tiverton, in Eno-land, in 1580, came very early to New-England, and died 20 .Tuly,1663, aged 74. John, the grandson above mentioned, was born 1 March, 1682. — His wife was Marj', sister of Sir William Pepperell. Afler his death, she married sticcessively Rev. Benjamin Colman, D. D., of Boston, and Rev. 412 APPENDIX. App. 1 Counsellors. Residence. | Diet \A^^ 172^ .Jothain Odioine New-Castle 16 Aug. 1748 7o i72s Henry Sherburne Portsmouth 29 Dec. 1757 83 1732 Richard Waldron Portsmouth 23 Aug. 1753 60 Joshua Pcircel Portsmouth 7 Feb. 1743 12 lienning Wcntworth^ Portsmouth 14 Oct. 1770 75 Benjarani Gamling Portsmouth 1737 57 Kphraim Dennet Portsmouth 'i'heouore Atkiusou'2 New-Castle 22 Sept. 1779 HI jl733 Ellis Huske Portsmouth 1755 I Joseph Sherburne Portsmouth 3 Dec. 1744 64 1739 Richard VVibird Portsmouth 25 Sept. 1765 63 ,1740 John Riudge Portsmouth 6 Nov. 1740 i5 i -John Dowiiino" 16 Sept. 2 May, 174^ ^5 74 ' Saaiuel Smith 176U Joseph Blanchard Sampson Sheafe Samuel Solley Daniel Warner Dunstable New-Castle Portsmouth Portsmouth 7 April, 1 75.' 53 1772 01 t7 i 175:5 177b 1754 Joseph Nevvmarch Portsmouth 1766 1759 Mark H. Wentworth Portsmouth 19 Dec. 1785 James Nevin Portsmouth 6 Feb. 1769 60 1761 !;*hn Nelson^ Portsmouth 1787 1762 William Temple Portsmouth 178S Theodore Atkinson 28 Oct.- 17G9 33 Nathaniel Barrell Portsmouth 1765 Peter Livios'l Portsmouth 1795 est 1766 Jonathan Warner Portsmouth 15 May, 1814 87 Daniel Rindge Portsmouth 12 Jan'. 1799 68 Daniel Peirce Portsmouth 4 Dec. 1773 Daniel Rogers Portsmouth George Jaftrey Portsmouth 25 Dec. 1802 86 Henry Sherburne Portsmouth 30 March, 1767 58 Paul Wentworth Somerswo'th 1772 Peter Oilman Exeter 1 Dec. 1788 84 Thomas W. Waldron Portsmouth 3 April, 1785 63 1774 John Sherburne Portsmouth 10 March, 1797 76 John Phillips Exeter April, 1795 76 1775 George Boyd-> Portsmouth 1 1787 Benjamin Prescott, of Danvers, Mass. She died in ]7(I{). Mr. Ffrost had seventeen children. George, the lltli child and the sixth son, was a coun- sellor three years in the time of the Revolution, and a delegate to the old Congress. To his son George Ffrost, Esq., of Durham, the editor is indebted ! years To his for tlie facts contained in this note. (1) Sworn into office 18 January, 1733. (2) Not sworn into office until 12 Oct. 1734. Gov. Belcher, in a letter, da- ted 15 Ann-, 1734, speaking of the expense of their mandamuses, says, " I am told W. and A.'s mandamuses have already cost them about 100 guineas apiece." (3) He went to Grenada, where it is believed he died about 1795. (4) Died in England. W. Winthrop. (5) lie left the state, and was included in the act proscribing 7G persons, passed in 1778, and died on his return from England to this country. APPENDIX. 413 UNDER THE REVOLUTIONART GOVERNMENT. 'App. Counsellors. 1778 xMeshech Weare iVIattliew Thornton William Whipple Josiah Baitlt'tt Nathaniel Folsom John Wentuorth Ebenezt-r Thompson Wyseman Clagett Jonathan Rlanchard Sarauel Ashley Benjamin Giles John Huid 1777 Nicholas Oilman George Atkinson2 Timothy Walker [Matthew Patten • jBenjarain Bellows 17791 Moses Nichols Jacob Abbot-^ 1780 George Atkinson John'^M'Clary Timothy Farrar Samuel Hnnt Enoch Hale Charles Johnston 178l' Woodbury Langdon George FtVost John Hale Wyseman Clagett Benjamin Bellows |Francis Worcester |1782 Timothy Farrar Jacob Abbot Thomas Sparhawk Charles Johnston 1783|Francis Worcester Residence iInoH ice.l Di>-d Hamp.-Falir^l5 Jan. 8 19 |l 26 1810 15 15 |l: 4 3 16 i4 18 111 9 ':7 7 ;3 M3 i3 5 Londonderry Portsmouth King^ton E?t:eter Dover Durham Litchlield Dunstable Winchesterl Newport Haverhill lExeter ^Portsmouth 'Concord Bedford Walpole lAmherst I Wilton Portsmouth Epsom New-Ipswich ij Charlestown '1124 Walpole Haverhill jPortsmouth [Durham Hollis Litchfield Walpole Plymouth See 1780 Wilton jWalpole iHaverhi'.l See 1781. 1 24 June, 1 10 Nov. May, May, Jan. Aug. Dec. Juiv, Feb. 1 A(je. 1786172" 1803|r->9 17&.J54 179;;]G5 1790154 1787-^0 1 «02l65 63 50 Dec. 1784 1788 1792 71 1787 70 April, Jan. May, Aug. June, May, March, See 1777. 16 June, 1782 1806 1822 1795 1802 52 66 85 76 62 1790 50 182074 1801182 August, 1799 66 5 March, 13 Jan. 21 June, See 1776 See 1777 See 1779 31 Oct. See 1780 1813176 180566 1796 76 1791 60 1802 64 UNDER THE CONSTITUTION. 1784 John M'Clary Joseph Badger Francis Blood Moses Chase Nathaniel Peabody 1785 John Sullivan Matthew Thornton Amos Shepard Epsom Gilmanton Temple Cornish \tkinson Durham Merrimack Alstead 11116 June, I 14 Jan. 1 Nov. |i|l8 Oct. II 29 June, 1 23 Jan. 1 See 1776 2 1 Jan. 1812 TTrTnerwardsofClaremont. where he du-d. (.) H.s n,u..e Ge^lrgfS. (-3) Died at Bransw.ck, Mame. 414 APPENDIX. App. 1 Counsellors. | Residence. | In otHce. | Di< !(1. |Age. 1785 Moses Dow Haverhill 2 31 March, 181164 1786 Christopher Toppan Hampton 28 Feb. 1818 83 Joshua Weiitwortb Portsmouth 19 Oct. 1809 67 Robert Means Amherst 24 Jan. 1823 80 1787 Joseph Oilman Exeter 1806 68 Ebenezer Thompson Durham See 1776 Daniel Emerson Hollis 4 Oct. 1821 75 Muses Chase Cornish See 1784 John Pickering Portsmouth 11 April, 1805 67 1788 Peter Green Ebenezer Smith Concord Durham 27 March, 1798 52 Robert Wallace Henniker Jan. 1815 66 Josiah Richardson Keene 125 Feb. 1820 74 William Simpson Orford 1823 81 1789 John Pickering Portsmouth 1 See 1787 Ichabod Rollins Somersworth 131 Jan. 1800 Charles Barrett New-Ipswich 121 Sept. 180S 63 Sandl'ord Kingsbury Claremont l\ Jonathan Freeman Hanover 8*20 August , 1808 63 1790 Christopher Toppan Hampton l|See 1786 Joseph Badger Gilmanton 3 See 1784 Robert Wallace Heniiiker 13,See 1788 Lemuel Holmes Surry 4 died in Vermont 1791 Nathaniel Rogers Exeter 1 May, 1829 83 1792 Phillips White S. Hampton 2 24 June, 1811 82 1793 Ebenezer Smith See 1788 3 1794 Christopher Toppan Hampton 3 See 1786 Thomas Bellows Walpole 5 1795 Joseph Badger Gilmanton 2 See 1784 1797 Joseph Cilley Nottingham 2 Aug. 1799 65 Aaron Wingate Farmington 6 24 Feb. 1822 78 Russell Freemanl Hanover 5 27 Dec. 1805 67 1799 James Sheafe Portsmouth 1 6 Dec. 1829 74 Samuel Stevens Charlestown 6 17 Nov. 1823 88 1800 Joseph B Ian chard Chester 2 1802 Levi Bartlett David Hough Kingston Lebanon 6 1 30 Jan. 1828 64 1803 William Hale Benjamin Pierce Daniel Blaisdell Dover Hillsborough Canaan 2 6 5 1805 Joseph Badger Nahum Parker Gilmanton Fitzwilliam 4 2 See 1784 1807 Amasa Allen Daniel Gookin Walpole N. Hampton 2 1 1 July, 1821 69 William Tarleton Piermont 2 26 March, 1819 68 1809 Elijah Hall Portsmouth 8 22 June, 1830 87 Richard Dame Rochester 2 19 Sept. 1828 72 Samuel Bell Amherst 1 (1) Murdered by Josiah Burnham. APPENDIX. 415 App. 1 Counsellors | Residence. | In office. 1 Died lAtre. 1809 Caleb Ellis Clareraont 2 9 Miiv, 1816 49 Benjamin J. Gilbert Hanover 2 1810 JediVliah K. Smith Amherst 4 17 Dec. 182858 1811 Nathaniel Upham Rochester 2 10 July, 1829.56 Ithamar Chase Cornish 5 August, 1817 55 Jonathan Franklin Lyme 2 1813 Nathan Taylor 'Sanbornton 1 Enoch Colby Thornton 5 1814 Samuel Quarles Ossipee 3: Benjamin Pierce See 1S03 2! 1816 Levi Jackson Chesterfield 2 30 August, 1821 49 1817 John M. Page Tamworth 3! May, 1826 48 John Bell, jr. Chester 5i 1818 Richard H. Ayer Hooksett 5 Samuel Grant Walpole 1 Jeduthun Wilcox Orford 2 1819 Aaron Matson Stoddard 2 John French Landati' 3 1820 Richard Odell Conway 3 1821 Samuel Dinsmoor Keene 1 1822 Hunking Penhallow Portsmouth 2 24 Sept. 1826 60 Elijah Belding Swanzey 2 Ezra Bartlett Haverhill 3 1823 Daniel C. Atkinson Sanbornton 2 Jonathan Harvey Sutton 2 1824 Thomas C. Drew Walpole 2 Daniel Hoit Sandwich 2 1825 Langley Boardman Portsmouth 2 John Wallace Milford 3 Caleb Keith Wentworth 4 1826 Jotham Lord Westmorela'd 3 1827 Francis N. Fisk Concord 1 Andrew Peirce Dover 2 1828 Langley Boardman See 1825 1 Matthew Harvey Hopkinton 2 1829 Francis N. Fisk See 1827 Benning M. Bean Moultonboro' 1 Joseph Healey Washington Stephen P. Webster Haverhill 1830 Thomas E. Sawyer Jesse Bowers Dover Dunstable 416 APPENDIX. SECRETARIES OF STATE OF NEW-HAMPSHIRE, FROM 1080 TO 1830. [Tills list may not be complete, as the Council Records are missing for a number of years from the Secretary's office.] Ai-i.. Names. Discunt'd | Died. 1 Age. 168(J Elias Stileman 1695 1682 Richard Chamberlain ir,92 Thomas Davis 1696 Henry Penny 1709 1699 Sampson Slieafe 1724 76 1669 Charles Story 1714 Samuel Penhallow 1726 61 Richard Waldron 1753 60 Theodore Atkinson 1779 81 Theodore Atkinson, jr. Theodore Atkinson 1769 33 as above 1775 Ebenezer Thompson 1802 68 1786 Joseph Pearson 1805 1822 85 1805 Philip Carrigain 1809 1809 Nathaniel Parker 1810 1810 1810 Samuel Sparhawk 1814 1814 Albe Cady 1816 1816 Samuel Sparhawk 1825 1825 Richard Bartlett 1829 1829 Dudley S. Palmer TREASURERS OF NEW-HAMPSHIRE, SINCE THE REVOLUTION. App. Names. Residence. 1 Dis. 1775 Nicholas Gilman Exeter 1783 1783 John Taylor Gilman Exeter 1794 1794 Oliver Peabody Exeter 1805 1805 Nathaniel Gilman Exeter 1813 1813 William Austin Kent Concord 1816 1816 William Pickering Greenland 1829 1828 Samuel Morril Concord 1829 1829 William Pickering Concord 1830 1830 Abuer Bayley Kelly Warner DELEGATES TO CONGRESS, DURING THE CONFEDERATION OF THE STATES. Name. Residence. Death. 1 Age.| John Sullivan Durham 22 Jan. 1795 54 Nathaniel Folsom Exeter 1789 Josiah Bartlett Kingston 19 May, 1795 65 John Langdon Portsmouth 18 Sept. 1819 79 * Some of the followinc; were elected a second and third time. There- cords show that severtal others were elected, who declined the appointment. APPENDIX. 417 Name. llesidence. Death lA<:-e.| William Whipple Portsmouth 28 Nov. 1785 54 Matthe^v Thornton Londonderry 24 June, 1803 89 George Ffrost Durham 21 June, 1796 76 Nathaniel Peabody Atkinson 29 June, 1823 81 Woodbury Langdon Portsmouth 13 Jan. 1805 66 Paine Wingate Strathani Samuel Livermore Portsmouth May, 1803 71 Abiel Fosttjr Canterbury. Feb. 1806 71 Nicholas Oilman Exeter 7 April, 1782 52 John Wentworth 10 Jan. 1787 42 Phillips White S. Hampton 24 June, 1811 82 John Taylor Oilman Exeter 31 Aug. 1828 75 Jonathan Blanchard Dunstable 16 July, 1788 50 Peirce Long Portsmouth 31 March ,1789 DELEGATES TO THE CONVENTION OF THE UNITED STATES, IN 1787. John Langdon, Nicholas Oilman, Portsmouth. Exeter. SENATORS AND REPRESENTATIVES IN CONGRESS UNDER THE FEDERAL CONSTITUTION. SENATORS. Commenced. 1789 1789 1793 1801 1801 1802 1805 1807 1810 John Langdon Paine Wingate Samuel Livermore Simeon Olcott James Sheafe William Plumer Nicholas Oilman Nahum Parker Charles Cutts In office. 12 Commenced. 1813 1814 1817 1817 1819 1823 1825 1831 Jeremiah Mason Tho. W Thompson Clement Storer David L. Morril John F. Parrott Samuel Bell Levi Woodbury Isaac Hill In office. 4 3 2 6 6 55 143 APPENDIX. REPRESENTATIVES. Commenced. In othce. Commenced. 1789 1789 1789 1791 1793 1793 1795 1797 1797 1797 1800 1800 1801 1801 1802 1803 1803 1803 1805 1805 1807 1807 1807 1807 1807 1809 1809 1809 1809 1809 1811 1811 Samuel Livermore Abit'l Foster Nicholas Gilman JereraiaJi Smith* John S. Sherburne Paine Wiugate Abiei Foster Jonathan Freeman William Gordon Peleg Sprague James Sheai'ef Samuel Tenney George B. Upham Joseph Pierce Samuel Hunt Silas Betton David Hough Clifton Clagett Thomas W Thompson Caleb Ellis Daniel M. Durell Clement Storer Jedidiah K. Smith Francis Gardner Peter Carleton William Hale Nathaniel A. Haven James Wilson John C. Chamberlain Daniel Blais.dell Josiah Bartlett George Sullivan 1 Sir John A. Harper l8ll!Samuel Dinsmoor 1811'Obed Hall iSlS^Sarauel Smith| ISrSDaniel Webster 1813 Bradbury Cilley 1813j William Hale 1813|Roger Vose 1813 Jeduthun Wilcox 1815 Charles H. Atherton 18l7!john F. Parrott 18l7,Salma Hale 1817jCli(ton Clagett 18l7jArthur Livermore 1817 Josiah Butler 18l7|Nathaniel Upham 1819 Joseph Buflum, jr. I8l9 William Pluraer, jr, 1821 xMatthew Harvey 182 1 Aaron Matson I82I Thomas Whipple 1823 Arthur Livermore§ 1823 Ichabod Bartlett 1823 Titus Broun 1823 Joseph Healey 1823 Jonathan Harvey 1827 David Barker, jr. 1829 John Brodbead 1829 Joseph Haramons 1829 Thomas Chandler 1^29 Henry Hubbard 1829 John W. Weeks In oHice. 2 2 2 1 4 4 4 4 4 2 2 2 4 4 6 6 2 6 4 4 8 2 6 4 4 * Mr. Smith resigned his seat after attending the May session of 1797 and Mr. Sprague was elected tp supply the \'acancy, t Mr. Sljeafe was elected in the place of Mr. Sprague, resigned, and took his seat in January, 1800. t Mr. Smith resigned in 1814, and the vacancy was not filled. § Mr. Livermore was chosen in March, 1830. AT'PENDIX. 419 •2^ S 9i g^ ►« « CO a « 511 » cq S b —> J3 *I ' m 2'o • if 5 to c - rt m a, s r -ni 6 j2 ^ s aj c ^ >> ^►5 o < < =a C5 fflSu M s<: cc SW e ^ g S 4; o ri > s 3 E rt c ° «i C3 O r; « != 5 2 ^ — m ^ u J) —. te HI = ■= «: f= £ — C re u ' S >>^^ s 5 ^ S >-- £ ii c a; S rt ■- C rt - e rt S j; £ ^ c « a. 23 1 >^ a c 5 F "^ sS oi c P-< oj ai d OJ ^ o fcr 3 c c . -c 7 c C o c c C _c _^M rt '> '> '> tj. -3 S 3 w £ 5-1 5. rt ^ c e-. C 5^5 o a; 71 ""' ^ ■J § 2 ■5 c 01 a; S ~^ 'bpt "bJD IJ ^ c t4_ 1^ ■^ u ^ "3 71 Is a. P ^ s a) '% >, •■-'? s S-. >> >> >-. >. 5-H ^"l,_ :q rA -^ .3 =Q W ca _ C2 ea '^ 1 fl) -^ -^ r 1-5 o S o ts -a ^ c! -3 C n Si: !>! c 01 to H Pi O H w is o 5 «.S&- s "^ Ph — k"'-! r t^ rt q u, o^ c £ E '^ "o c o U 3 c C -2 s s p v t> ^ c . 111 ^ ;r: re 1'- ^ 5 "0 t. F hi f" S.'^ 3 c £ S - 2 '^ -3 "Si « a ^ '■^.H ^ o c ir ^ rt Ooo-< u ^:s S^S 3 t~i IM i^ 4o to T3 |.g| o t- 3 Cm » :^s (-1 ,fcj V* 9) .i; QJB-I 01 > a 1- O ■B ^ -*^ -3 o C5 o O 3 420 APPENDIX. APPENDIX. 421 5 '^ 2 « ■« a .S a) "a >> o B > 3 V > < 3i > V, < 0/ > < > "3 71 < ?' "3 to < I-I 3 d u a> to d -3 'br 3 5 a" 3 = -3 >> 3 ■g ai •3 > 3 3 ^ - d £ 50 per annum. £ 20 per annum. £ 20 per annum. £ 20 per annum. £ 20 per annum. ho _C 'm d C 3 2 a> a a> t? 3 m m 3 'O^ 3 " 2 5 4J 3 Si < 3 iaf) lO M -3 3 aT 1 a to d « 0) s 3 < fcl? X 'JO 3 3 5 a a. "3 to 3 3 3 d u a; a) .V C 5 3 3 aj a< -5< bo 3 2; m « _2 *-» 3 ♦J to o 50 _o 3 •-> -3 71 'a . . . o o o o y 13 -a -a "> O s go 3 3 3 2 3 > e c c 6 P5 6 C 6 -3 > 3 d 3 aJ ai C'd' S.2 ■5 > 2 c « a> 3 c. aj 3 5 >: cq a, 1 ^. < 3 a) -2 J- 0) "^ 3 ^6 "3 t.-, a; 0) > . e a) .ti >-. Rockingham, Peter Gilnian. Strafford, Thomas W. Waldron. Hillsborough, Samuel Hobart. Clieshire, Daniel Jones. , Grafton, John Hurd. mo;! I* 3 S s = s . 3 ■- „ 1' ill! 3 3 '■B < -a 1) fcr. Ul > 1) 3 3 72 _aj a) b£ u -3 3 "0 «-5 to < V u ..C ^d "o —> a> > :-( a) m a) 03 bfl S-t V '3 a) "o a> Id £ "c 1-^ "a; 3 d d a; 3 aj be d ^ 3 to < S aj ."3 County Treasurers. 1 ■3 d -3 li 7i ci C '> "o V 01 1-4 a; 3 a2_ to 3 3J '5 "0 bi > o> a) c u a; -3 t-i a; > "aj 0) d V "0 tn d to 3 o ■/I 3 "o J) d P5 to d 3 o> d _: * d 3 SO O.i 1,1 d •- 422 APPENDIX. OKIGINAL. PAPERS, AND COPIES OF PUBLIC DOCUMENTS. [This portion of the Appendix, excepting tlie articles numbered 14,15,25, 33, 54, 55 and €i'2, is printed from the original manusfript cupy of Dr. Bel- knap, from which the first edition of the first volume was printed at Phil- adelphia in the year 1764. It was preserved by the late Ebkni:zer Haz- Ann, Esquire, wlio superintended that volume while in the press, and was transmitted b}' liim to tlie author or his family at Boston. It will be seen that sixteen ofthc articles, viz. Nos. 12, 13, 14, 15, 17, 18, 19,20, 21, 26, 30, 33, 34, 50, 51 and 53, have never before appeared in the work. Those three numbered 14, 15 and 33, have been added by the editor. The others were prepared for the history by the author, but they were not published for want of room. The Wiieelwright Indian deed ol 1020, as it is indis- putably a forgery, is omitted, althougli the number and title of it are given to preserve tlie numerical arrangement of the papers. Excepting the numbers from No. 2 to No. 11, inclusive, the ancient spelling, being ex- ceedingly variable, and in many instances uncouth, has not been followed. As some doubts have rested on the genuineness of some of the early pa- pers, the former orthography has been retained in the numbers just men- tioned. It has also been retained in Nos. 55 and 59 merely as a curiosity.] No. 1. Copy of a Deed from four Indian Sagamores to John Wheel- wright and others. 17 May ^ 1629. No. 2. An original letter from Thomas Eyre, one of the adventurers or company of Laconia, to Mr. Gibbins, their factor. London, the last of ISIay, 1631. Mr. Gibbins,—Yoms of the 8th April, 1630, from Plymouth I received and thereby took notice of your entertaining Roger Knight ; and here I present his wife 20s. pr. quarter at your de- sire and 3/. per quarter to yours. I hope by this they are both Avith you according to your desire. I wish all your w ives with you, and that so many of you as desire wives had such as they desire ; for the adventurers desire not to be troubled with quarterly pay- ments. Your next to me is dated the 21st of July last at Pascataquacke, I take notice of your complaints for want of the trade goods, and so much as lieth in me it shall be otherwise, especially if you send us returnes, doubt you not but that you shall be supplied from time to time unto your owne contents. Your 3d Ire to me is dated the l4th of August, by which I per- ceive divers of the commodities and provisions which you carried with you in the barke Warwicke, were not to your liking for which I am sorry. You know the trouble w^e had. I could not looke to Mr. Olden's and all besides. I hope by the Pide-Cowe you APPENDIX. 423 find it otherwise. I pray write me how you like the hatchetts sent you by that ship and how all goeth. I like it well that your governor will have a stocke of boards at all times readie. I hope you will find soraelhing to reiade both the Pide-Cowe and the Warwicke. I will now put on the send- ing of you the moddell of a saw-mill that you may have one going. Your wife and children, Roger Knight's wife and one wife more we have already sent you, and more you shall have as you write for them. Another Ire I have from you of the 14th August, in which you write for another Mason. Wee have had enough to doe to goe so farre forwards as we have, as Capt. Keyes can tell you, yet now we begine to take hearte agayne, but the sight of returnes will be that which will indeede put life into us. Among my New-England records I find your Ire unto Capt. Mason of the 14th August last, wherein you give a good account of your times spent from the first of June until then, as also of the manner of your trade which was to Capt. Mason's liking. We hope you will find out some good mines^ which will he welcome newes unto us. By Mr. Glover we reed. Ires from Capt. Neale, written as we think about the end of March last, write me I pray, what winter you had, and how you had your healthes and why Capt. Neale went not in Septem. last to discover the lakes, as he wrote he would, and why you did not write by that conveyance. By the barke Warwicke we send you a factor to take charge of the trade goods ; also a soldier for discovrie &c. Thus I commend you, and your wife, who by this I hope is with you to the protection of the almightie. Your loving friend, THO. EYRE. Kept untili the 7th of June. No. 3. An original letter from the company to Ambrose Gibbins. London, 5th Decemb. 1632. Mr. Ambrose Gibbins, — Your sundrie letters we have received. Wee doe take notice of your care and paines in our plantation and doe wish that others had bine that way the same that you are and will wee hope soe continew. The adventures here have bine soe discouraged by reason of John Gibbes ill dealing in his fishing voiage, as alsoe by the small retuAes sent hither by Capt. Neal, Mr. Herbert or any of their factors as that they have noe desire to proceed any farther, until Capt. Neale come hither to confer with them, that by conferrence with him they may settle things in a better order. Wee have written unto Capt. Neale to dismise the household, onlie such as will or canne live of themselves may stay upon our plantation in such convenient places as Capt. Neale, Mr. Godfrie and you shall think fitt j and after conferrence had with Capt. Neale they shall have a reasonable quantity of land granted unto them by deed. 424 APPENDIX. Wee prait'you to take care of our house at Ncwicliwannick and to lookc wdl to our vines, also you may take some of our swine and goates, which wee pray you to preserve. Wee have committed the chcife care of our house at Pascattaway to Mr. Godfrie and written unto Mr. Warjierton to take care of our house at Straw- berry-bancke. Our desire is that Mr. Godfrie, Mr. Warnertou and you should joyne loveinglie together in all things for our good, and to advise us what our best course will be to doe another yeare. You desire to settle yourself upon Sanders Point. The adven- turers are willing to pleasure you not only in this, in regard of the good report they have heard of you from tyme to tyme, but alsoe after they have conferred with Capt. Neale, they determyne some further good towards you for your further incouridgment. Wee desire to have our fishermen increased, whereof we have written unto Mr. Godfrye. Wee thank you for assisting John Raymond, wee pray you still to be helpful to him that so he may dispatch and come to us with such returne as he hath, and if he hath any of his trade goods remayning unsold wee have willed him to leave them with you and wee doe hereby pray you to re- ceive them into your custody and to put them off with what cou- veuiency you canne, and to send us the retourues by the first shipp that comes. Thus we commend you and your wife to the protec- tion of the almightye. Your loving friends, John Mason, Tho. Warnerton, Henry Gardiner, Tho. Eyre, for my Geo. Griffith, children. No. 4. Copy of a letter from Ambrose Gibbi7is to the company. After my umble duty remembred unto your worships, I pray for your good health and prosperity. These are certifying your wor- ship for the goods I have received from you. I have delivered unto Mr. John Raymon 76lb and 4 ounses of beaver, 10 otters, 6 musquashes and on martin more, that Captain Neale had 3581b and ii ounses of beaver and otter, 17 martins, on black fox skin, on other fox skin, 3 racoon skins, 14 musquashes two of them with stones. Mr Raymon's present departing and the intermixing of all the trade goods in my care until Mr. Vaughan com I cannot give you any satisfaction— for the account of trade. I did advise Mr. Raymon to returne with all speede unto you. Your letters I received the 7th of June. At larg I will write if God wil by the next. Thus taking my leave I comit your worship to Almighty God. Your worship's at command, AMBROSE GIBBINS. From Newichwanicke, this 24th of June, 1633. APPENDIX. 425 No. 5. Copy of another from Gibbins to the compaiu^ Newichwanicke, July 13, 1633. Right honourable, right worshippful and the rest, my humble servis rembred. Your letter^ dated the 6th of December and Mr. Ares letter third of April I received the seventh of .Tune. The detaining of the former letter hath put you to a great charge in the plantation. For my care and paiues I have not thought it much although I have had very little encouradgement from you and here. I do not doubt of your good will unto mce. For your fishing, you complain of Mr. Gibbes : A Londoner is not for fishing, neither is there any amity betwixt the West countrimen and them. Bristo or Barnstable is very convenient for your fishing shipes. It is not enough to fit our shipes to fish but they must be sure (God will) to be at their fishing place the beginning of February and not to come to the land when other men have half their viage. JNIr. Warnerton hath the charge of the house at Pascatawa and hath with him William Cooper, Rafe Gee,* Roger Knight, and his wife, William Dermit and on boy. For your house at Newich- wannicke, I seeing the necessity will doe the best I can there and elsewhere for you until I hear from you againe. Advise I have ?ent but not knowing your intentes I cannot wel enlarge but I re- fer you to Mr. Herbert and Mr. Vaughan. For my settlement at Sanders-Point and the further good you intend me I humbly thank you I shall do the best I can to be grateful. I have taken into my handes all the trade goods that remains of John Raymon's and Mr. Vaughan's and will with what convenience I may put them of. You complain of your returnes ; you take the coorse to have lit- tle ; a plantation must be furnished ivith cattle and good hir^d hands^ and necessaries for them and not thinke the great lookes of men and many tcords loill he a meanes to raise a plantation. Those that have been here this three year some of them have neither meat, money nor clothes, a great disparagement. I shall not need to speak of this, you shall hear of it by others. For myself, ray wife and child and four men we have but half a barrel of corne ; beefe and porke I have not had but on peese this three months, nor beare this four months ; for I have for two and twenty months had but two bar^ rels of beare and two barrels and four booshel of malt, our number commonly hath bin ten. I nor the servantes have neither money nor clothes, I have been as sparing as I could, but it will not doe. These four men with me is Charles Knell, Thomas Clarke, Steven Kidder, and Thomas Crockitt, three of them is to have for their wages until the first of March four pounds per peese and the oth- er for the year six pounds which in your behalf I have promised to satisfy in money or beaver at ten shillings per pound. If there were necessarys for them for clothing there would not bee much for them to receive. You may perhaps think that fewer men w^ould serve me but I have sometimes on C \^one hundred] or more Indians and far from neybors : These that I have I can set to pale * [Probably the same as Ralph Goe, mentioned in Adams' Annals, p. 18, aa of Pascataqua in 1631.] 56 426 APPENDIX. in ground for come or garden. I have digged a wel within the palizado, ^vherl; is good water, I have that to close with timber. More men I could have and more employ, but I rest thus until I hear from you. The. vines that loere planted will come to little^ they prosper not in the ground they icerc set, them that groo natural are veri good of divers sorts. I have sent you a note of the beaver taken by me at Newichwaniclc, and how it hath gon from me, George Vaughan hath a note of all the trade goodes in my custody of the old store John Ramon's and George Vanghan's accomtes, but the beaver beingc disposed of before I could make the divident I cannot see but it must be all onpackt and be divided by you. The o-overnor departed from the plantation the lifteenth of July in the morning. So for this time I end, committing you to the protectiou of the Almighty and ever rest your loving servant, AMBROSE GIBBINS. No. C. Copy of a letter from Walter Neal and Thomas Wigghij to the Company, relating to a division of the lands of Pascataqua, 1633. [Tlie following is the letter supposed to be spurious. See note on it, pages V2 and 13 of this volume.] Mnch honoured, — In obediance to your commands have survaied the river from the mouth of the harbor to Squamscutt falls, and li- quise from the harbor's mouth by the sea side to the Massachusetts bounds, and find that the bounds of your pattents will not aford more than for two towns in the river of Piscataway and the re- mainder will make another good towne having much salt marsh in it. And because you would have foure townes named as you desired wee have treated with a gentleman who has purchased a trackt of land of the Indyans at Squamscutt falls, and your land running up to the said falls on one side of the river from the falls about a mile doAvnw^ard, said gentlemen having a mind to said land on your side to a certain crike and one mile backward from the river which we agreed on and the crike is called Weelewright's, the gentleman's name being Weelewright and he was to name said plantation (when settled) Exeter. And the other two towns in the river, the one North-ham and Portsmouth the other. Bounded as followeth, viz. Portsmouth runes from the harbor's mouth by the sea aide to the entrance of a little river between two bed lands which we have given the names of Little Bore's-hed, and the Grate Bore's-hed, and from the mouth of that little river to go on a strait line to the aforesaid creeke which we have named Weele- right's creeke and from thens down the river to the harbor's mouth where it began. And North-ham is the bounds of all the land of Hilton's Point side. And tlie other land from the little river be- tween the two Boores-Heds to run by the sea till it meets with the line between the Massachusetts and you, and so to run from the sea by said Massathusetts line into the woods eight miles and from thence atwart the woods to meet with Portsmouth line neere Ain^ENDIX. 427 VVheleriglit's creek and that tracte of laud to be called Jlamptoiu So that their is foure towns named as you desired but Exeter is not within the bounds of your pattents. But the grctc dificulty is the agreement about the dividing line between the pattent of the twenty thousand acres belonging to the company of Laconyah and the pattent of Bluddy poyut the river running so intrycate, and Bluddy poynt patent bounds from thence to Squamscutt falls to run three miles into the woods from the water side. But for your better understanding thereof wee have sent you a draft of it ac- cording to our best skill of what we know of it at present, and have drawn a dividing line between the two pattents, so that Portsmouth is part of both pattents and Hampton we apprehend will be holly in the twenty thousand acres pattent, and North-ham is the bounds of Hilton's point pattent. If what we have don be to your likinge wee shall think our time well spent and what further commands you w ill please to lay on us Ave shall readily obeye to the utmost of our power. Wee humbly take leve and subscribe ourselves, Your devoted and most humble servants, North-ham on Piscataway river, in ) WALTER NELE, New-England, 13 Augst 1633. 5 THOMAS WIGGIN. Superscribed, To John Mason Esq. governor of Portsmouth to be communicated to the pattentes of Lacouiah and Hilton's point, humbly present in London. Wee under written being of the government of the province of Maine doe affirm that the above letter written and sent by Walter Nele and Thomas Wiggln and directed to John Mason Esq. gov- ernor of Portsmouth to be communicated to the pattentes of La- coniah and Hilton's point, is a trew cojua compared with the orig- inall. And further wee doe affirm that there was foure grete guncs brought to Piscataqua which w-are given by a marchant of London for the defence of the river, and at the same time the Eajle of Warwicke, Sr Ferdenando Gorges, Capt. John Mason and the rest of the pattentees sent an order to Capt. Walter Nele and Captn. Thomas Wiggin ther agents and governor at Piscataway to make choise of the most convenient place in the said river to make a fortefecatyon for the defence thereof, and to mount those foure gunes giveen to the place, which accordingly was done by Capt. Walter Nele and Capt. Thomas Wiggin and the pattentes servants, and a draft was sent of the place that they had made choice of to the said Earle and company, and the draft did containe all the necke of land in the north este side of the grete island that makes the grete harbor, and they gave it the name of Fort-poyut, and al- loted it so far backe into the island about a bow-shoat to a grete high rocke whereon was intended in time to set the principall forte. That the above is all truth wee affirme, and by the desire of Capt. Walter Nele and Capt. Thos. Wiggen wee have ordered this wrighting to ly in our tiles of records of their doings therein. In witness whereof wee have hereunto sett our hands and seles at Gorgeana, in the province of Maine, in New-England, 20th August 1633. RICH. VINES, (Seal.) HENRY JOCELYN, (Seal.) 428 APPENDIX. No. 7. An original letter from Sir Ferdinando Gorges and Capt. John Mason to Messrs. Wannerton and Gibbins. Mr. Vr'annerton and Mr. Gibbins^ — These are lo let you know that wee with the consent of the rest of our partners have made a division of all our land lying on the north east side of the harbor, and river of Pascataway ; of the quantities of which lands and bounds agreed upon for every man's part we send you a coppie of the draft, desiring your furtherance with the advice of Capt. Nor- ton and Mr Godfrey to set out the lynes of division betwixt our lands and the lands of our partners next adjoining, because we have not onlie each of us shipped people present taplant upon our owne landeo at our own charge, but have given direction to invite and aulhoritie to receive such others as may be had to be tenants^ to plant and live there for the more speedie peopling of the coun- trie. And whereas there is belonging unto me Sri Ferdnando Gorges, and unto Capt. Mason for himself and for Mr. John Cot- ton and his deceased brother Mr. William Cotton, both whose in- terests Capt. Mason hath bought, the one halfe of all matters men- tioned in the inventorie of houshold stufi'e and implements left in trust with you by Capt. Neale, whereunto you have subscribed your names and whereof a coppie is herewith sent, we desire you to cause an equal division as neere as possible may to be made of all the saied matters menconed in the inventorie inkinde, or if some of them cannot be so divided then the on halfe to be made equall to the other in valew of all the saied matters, except the cattell and suites of apparell and such other things as belong pcr- ticularly to Capt. Mason, and to deliver the said one halfe of all the saied matters soe to be divided, unto Mr Henry Jocelyn for the use of our plantations, taking an inventory thereof under his hand of all you shall soe deliver hime, and making certificate to us thereof. And for your soe doeing this shall be you suffitient warrant and discharge. And so wee rest, Your verie lovinge friends, Portsmouth, Maye 6, FERDIN. GORGE, 1634. JOHN MASON, No. 8. An original letter from Capt. John Mason to Ambrose Gibbins. Mr. Gibbins, — These people and provisions which I have now sent with Mr. Jocelyne are to sett upp two mills upon my own di- vision of lands lately agreed upon betwixt our adventurers ; but I ihinke not any of them will adventure this yeare to the plantation besides Sr Ferdinando Gorges and myself, for which I am sorrye in that so good a business (albeit hitherto it hath bene unprofita- ble) should be subject to fall to the ground. Therefore I have strayned myself to doe this at this present, and could have wished that the rest would have joyned to have sent you some provisions for trade and support of the place, but that failicing I have direct- ed to you as a token from mySelfe one hogshead of mault to make APPENDIX. 42^ you some beare. The servants with you and such others as re- inaine upon the companies chardge are to be discharged and pay- ed their wages out of the stocke of beaver in your hands at the rate of r2s. the pound, whereof I thinke the company will write you more at large. And wee have agreed to ^evide all our mova- . bles mentioned in the inventory that Capt. Neale brought home, which were left in trust with you and Mr Wannerton. I bought Mr. Cotton's and his brother's parte of all their adventures ; so that the halfe of all belongs to Sr Ferdinando Gorges and mysclfe, and of that halfe three quarters will be due to me and one quarter to Sr Ferdinando. These things being equally divided they are to be delivered to Mr. Jocelyne, my three partes of the halfe, and the other fourth to w^hom Sr Ferdinando shall appointe. And you must afford my people some house roome in Newichewannocke house, and the cowes and goates which are all mine, and 14 swine with their increase, some ground to be upon till we have some place provided upon new divided land, or that you receive my further order. A copie of the division of the lands is herewith sent unto you. The stockinges and the mault and the suites of cloathes and suggar and raysinges and wine that was delivered by Mr. Bright and Mr. Lewes I have not received any satisfaction for, Avherein I must crave your helpe and such satisfaction as may be sent by this shipp. The christall stoanes you sent are of Utile or no valew unless they were so great as to make drinking ciippes or some other workes, as pil- lers for fair c lookeinge glasses or for garnishinge of rich cabinets. Good iron or lead oare I shoidd like better of if it could be found. I have disbursed a great deal of money in your plantation and never received one penny, but hope if there ivere once a discoverie of the lakes that I should in some reasonable time be reimbursed again. I pray you helpe the rar. what you can to some of the best iron stoane for ballast, and in case he want other ladeinge to fill the shipp upp with stockes of cypress wood and cedar. Let me hear from you of all matters necessary, and wherein I may doe you any pleasure I shall be reddie, and so with my heartie commen- dations, I rest your verie loveing friend, Portsmouth, May 5th, 1634. JOHN MASON. (Received lOth July, 1634.) No. 9, Answer to the foregoing. Sir, — Your worship have done well in setting forward your plantacon, and for your milles they will prove beneficial unto you by God's assistance. I would you had taken this coorse sooner, for the marchants I shall be very cautyouse how I deale witli any of them while I live. But God's will be done. I and the world doth judge that I could not in these my days hav e spent my time for noethinge. For their sending trade and support I desire it not. I have supported but now souke under my burthen, the more I thinke on this, the more is my griefe. 430 APPENDIX. I have received the hog;sd. of raault thj^ you sent ine, giveiug you humble thanks for the same. The sei\aiits that were with me are discharged aud payed their wages for the yeare past and I have delivered unto Mr. VVannerton 43lb. of beaver to pay those that were witli liiru lor the year past. For the paying of the ser- vants there old wages or the dividing of the goods I expect a gen- eral letter, if not then to heare further from your worshippe. * Your carpenters are with me and I will further them the best 1 can. Capt. Neale appoynted me two of your goats to keepe, at his departinge, I praise God they are 4. Of the goods that Mr. Bright left 1 only reed, of Capt. Neale 4 bushells of mault and at several times 8 gallons of sacke, and from Mr. Wannerton 7 bush- els and 1 peck of mault, 5 lb. and halfe of sugar and ;} pr of chil- dren stockings and 97 lb. of bcefe which was of an old cow that Mr. Wannerton killed, being doubtful that she would not live over the winter. For these I will pay Mr. Jocelyn for you. / perceive you have a great mynd to the lalceSj and I as of the subscribers in the town Joshua Moody, ) of Portsmouth. The address from the inhabitants of the town of Portsmouth was presented by Mr. Richard Cult and Mr. Joshua Moodey, 20th May, 1669, and gratefully accepted ; and the Governor, in the naine of the whole court, met together, returned them the thanks of this court for their pious and liberal gift to the college herein mentioned. Attest,— EDWARD RAWSON, Secretary, (The four preceding papers are taken from the Mass. Records.) No. 22. Copy of Robert Mason''s Petition to the King. To the King's most excellent majesty — The humble petition of Robert Mason, proprietor of the province of New-Hampshire, in New-England, sheweth, That your majesty's royal grandfather king James, of ever bless- ed memory, did by his highness' letters patents under the great seal of England, bearing date at Westminister, the third day of November, in the eighteenth year of his reign, give, grant and confirm unto several of the principal nobility and gentry of this kingdom by the name of the council of New-England, their successors and assigns forever, all the land in America lying be- tween the degrees of 40 and 48 north latitude, by the name of New-England, to be held in fee, with many royal privileges and APPENDIX. 441 immunities, only paying to his majesty, his heirs and successors, one fifth part of all the ore of gold and silver that should at any time be found upon the said lands, as by the said letters patents doth at large appear. That John Mason, Esq., your petitioner's grandfather, by virtue of several grants from the said council of New-England, under their common seal, bearing date the 9th of March, 1621, the 10th of August, 1622, the 7th of November, 1629, and the 22d of April, 1635, was instated in fee in a great tract of land in New-England, by the name of New-Hampshire, lying upon the sea-coast be- tween the rivers of Naumkeak and Pascataqua, and running up into the land westward threescore miles, with all the islands lying within five leagues distance of any part thereof, and also the south half of the Isles of Shoals ; and also the said John Mason, to- gether with Sir Ferdinando Gorges, knt. was enfeolled by the a- ifbresaid council of New-England in other lands by the name of Laconia, by their deed bearing date the 27th day of November, 1629, the said lands lying and bordering upon the great lakes and rivers of the Iroquois and other nations adjoining. All which said lands to be held as fully, freely, in as large, ample and bene- ficial manner and form to all intents and purposes whatsoever as the said council of New-England by virtue of his majesty's said letters patents might or ought to hold and enjoy the same, as by the said several grants appears. Whereupon your petitioner's said grandfather did expend up- wards of twenty-two thousand pounds in transporting people, building houses, forts, and magazines, furnishing them with great store of arms of all sorts, with artillery great and small, for de- fence and protection of his servants and tenants, with all other necessary commodities and materials for establishing a settled plantation. That in the year 1628, in the fourth year of the reign of your majesty's royal father, some persons did surreptitiously and un- knawn to the said council, get the seal of the said council affixed to a grant of a certain lands, whereof the greatest part were sol- emnly past unto your petitioner's grandfather and others long be- fore, and soon after did the same persons by their subfile practices get a confirmation of the said grant under the great seal of Eng- land, as a corporation by the name of THE CORPORATION OF THE MASSACHUSETTS BAY IN NEW-ENGLAND, your majesty''s royal father being umcitting thereof, and having thus by fraud obtained a grant and confirmation, they compelled the rightful inhabitants to desert their plantations, and by many out- rageous actions they became possessed of that part of the country, declaring themselves to be a free people, framing to themselves new laws, with new methods in religion absolutely contrary to the laws and customs of this your majesty's realm of England, punish- ing divers that would not approve thereof, some by whipping, others by burning their houses, and some by banishing, and the like. At last the complaints of the oppressed subjects reaching the 442 APPENDIX. ears of your royal father, his majesty caused the whole matter to be examined before his most honorable privy council aud all being fully proved, his majesty did comniand the council of New-Eng- land to give an account, by what authority, or by whose procure- ment those people of the Massachusetts Bay were sent over, his majesty conceiving the said council to be guilty thereof. But the said council of New-England made it plainly to appear to his majesty that they were ignorant of the whole matter aud that they had no share in the evils committed and wholly disclaim the same, and the said council finding they had not suriicient means to give redress and rectify what was brought to ruin, they humbly referred it to his majesty to do therein as he pleased, and thereupon the said council of Nevi'-Eugland resolved to resign, and did actually resign, the great charter of New-England into his majesty's royal hands, seeing there was an absolute necessity for his majesty to take the management of that country to him- self, it being become a business of high consequence and only to be remedied by his sovereign power, all which appears by the declaration of the council of New-England dated the 25th of April, 1635, together with the act of surrender of the great charter of New-England dated the 7th day of June, the same year. That immediately thereupon, his majesty in trinity term, 1655, caused a quo warranto to be brought up by Sir Joim Banks, his majesty's then attorney general, against the goveriior, deputy gov- ernor, and every of the assistants of the said corporation of Massa- chusetts in New-England severally, according to their names men- tioned in the said patents of incorporation, being twenty-six per- sons, whereof two being dead, of the remaining twenty-four per- sons, there did fourteen at several times appear at the king's bench bar and there disclaimed the charter, the remaining ten persons were outlawed, and thereupon judguicnt given for the king, that the liberties and franchises of the said corporation of Massachu- setts Bay should be seized iuto the king's hands and the body of the governor to be taken into custody for usurping the said liber- ties, all which appears by the rolls in the crown office, and office of cujtos breviutn for the king's bench of the proceedings iu the several terms from the year 1635 to 1637. That thereupon his said royal majesty on the 3d day of May, 1637, did order in council that the attorney general be required to call for the said patent and present the same to the board, and his majesty by his declaration of the 23d of July, 1637, in the 13th year of his reign declared his royal pleasure for establishing a gen- eral government in his territory of New-England for the preven- tion of the evils that otherwise might ensue for default thereof, thereby declaring Sir Ferdinando Gorges to be governor general of the whole country and requiring all persons to give their obe- dience accordingly. That the wars and troubles immediately ensuing in Scotland and presently after here in England, did hinder his said majesty from settling that country or prosecuting the right which he intend- ed his subjects, however the proceediugs of his majesty caused APPENDIX. 443 some restraint to tlie further violences and oppressions of the said Massachusetts, and they contained tlieniselves for a time within their pretended bounds, but no sooner was that king of blessed memory, your royal father, become a sacrifice, but they renewed their former violences by oppressing all "'the' other colonies and designing by encouragemenl from some in England to erect them- selves into a commonwealth, and in order to lay a foundation for thispowerand dominion which they now aspired unto, they thought it necessary to extend their bounds and spread into a larger terri- tory than as yet they had usurped, and that this work might not be done without a mask or color of riglit, they do in an assembly held at Boston, the 19th of October, 1652, seriously peruse the grant (which had been procured as aforesaid) and therein weighing the words, and trying what new seu^ they might bear more suitable to their increase of power, they thought fit at length to decla''e themselves mistaken in what they had done in the year 1631, when they erected bound-houses and had for so many years con- fined themselves thereunto, whereas now bj' the help of an imag- inary line, or rather by a new reason of state, there is a sense im- posed by themselves upon their own icords, and they stretch their rights to near two hundred miles of land northward and as much southward more than they were satisfied withal before, swallow- ing up your majesty's petitioner as well as others, whose properties were established long before the said people had any being. And that they might give execution to this righteous sentence they presently invade and bif jorce of arms seize upon the province of New-Hampshire, and other lands of right belonging to your peti- tioner, besides what the)' did to others, compelling the inhabit- ants to swear to be true to them and to cast off their lawful lords, and such as refused were either ruined, banished or imprisoned, and any appeals to England utterly denied unto them, then they proceed to coining of money with their owhi impress, raising the coin of England, and acting in all matters in a most absolute and arbitrary w^ay. And although your petitioner by his agent Joseph Mason did demand redress of the general court of Massachusetts setting at Boston in 1652, offering to make out the right and title of your petitioner to the province of New-Hampshire and other lands against all persons whatsoever, yet no restitution could be obtained without a submission to their authority, and to hold the lands from them which the petitioner then did refuse and hath al- ways refused, choosing rather to wait for more happy times where- in to expect relief than by a legal resignation of his rights to those who had none at all divest himself of what his ancestors had pur- chased at so dear a rate : Your petitioner having as equal a right to the government in the said province as he hath to the land itself, all which appears by a report made to your majesty the 15th of February, 1661, when your petitioner first exposed to your majesty the oppressions under which he had so long groaned, in the evil times, and which grieves him now much more to bear \Thile he has the protection of so just and gracious a sovereign to resort to. 444 APPENDIX. Wherefore your petitioner most humbly implores your majesty to take notice, that (by a plain discovery of what fraud in the be- ginning and the length of troubled times has helped to conceal) the Bostoners have no patent of incorporation at all, that yet they have under color of right and authority from the crown devoured your petitioner aud other proprietors whose titles are by your n»aj- esty's learned council allowed as strong as the law can make them. That all ways have been tried and methods used to obtain jus- tice from the Bostoners, but all have proved ineffectual, that your petitioner's losses have been so many and great, and his sufferings so continued, that he cannot any longer support the burthen of them. And when your majesty will but consider how small the respect has been wherewith those people have treated your majes- ty since your happy restoration, and what daily breaches are by them made upon your majesty's acts of navigation, which turns so greatly to the detriment of this kingdom in general, these losses and sufferings of a particular subject cannot much be questioned, so that your petitioner humbly hopes that your majesty will think it high lime to stretch forth your royal hand of justice to assist your petitioner, that he may have the quiet possession of his prov- ince, and reparation made him for the losses sustained, in such ways and methods as the importance of the case requires, and your majesty in your royal wisdom shall think most fit. And your petitioner shall ever pray. ROBT. MASON. (From a copy in the possession of the ALasonian proprietors.) No. 23. Copy oj the answer of Massachusetts to Mason's and Gor- ges^ complaints. A brief declaration of the riglit and claim of the governor and com- pany of the Massachusetts Ray in New-England, to the lands now in their possession, but pretended to by Gorges and Mr. Mason, together with an answer to their several pleas and com- plaints in their petitions exhibited : Humbly presented and <;ubraitted by the said governor and company to the king's most excellent majesty, as their defence. In the year of our Lord 1628, in the third year of his late maj- esty Charles the First, of happy memory, several loyal and pioui^ly disposed gentlemen obtained of the great council of New-England, a grant of a certain tract ef land lying in New-England, described and bounded as therein expressed ; which was in all respects fair- ly and openly procured and with so good an intent of propagating the gospel among the natives, and to advance the honor and dig- nity of his late majesty, of happy memory, that they were bold to supplicate his said majesty to superadd his royal confirmation thereto, which accordingly in an ample royal charter was passed and remains under the broad seal of England, March the 4th, 1629, in the fourth year of his majesty's reign, with further additions and enlargements well becoming so royal a majesty, and suitable for APPENDIX. 445 the encouragement of so hazardous and chargeable an adventure. In pursuance whereof many of the said patentees and other ad- venturers transported themselves and estates, and settled in the most known and acconunodable parts of those lands contained in the said charter, neither time, estate, nor power suflering them spee- dily to survey the just extent of their limits. Not many years dif- ferent in time, several others also of his majesty's subjects obtained other grants, and made several settlements in the more northern and eastern parts of the country, with whom for several years we had neighborly correspondence, being as they supposed without the limits of our patent, amongst whom the present claimers and petitioners were. These grants partly by reason of the smallness of some of them, and partly by reason of dark involved and dubious expression of their limits, brought the inhabitants under many en- tanglements and dissatisfactions among themselves, which there being no settled authority to be applied to, being deserted and for- saken of all such as by virtue of said grants did claim jurisdiction over them and had made a successless essay for the settlement of government among them proved of some continuance, unto the great disquiet and disturbance of those his majesty's subjects that were peaceable and well disposed amongst them; to remedy which inconvenience they betook themselves to the Avay of combinations for government, but by experience found it ineffectual. In this time ignorance of the northerly running of Merrimack river, hin- dered our actual claim and extention of government, yet at length being more fully settled, and having obtained further acquaintance and correspondency with the Indians possessing the uppermost parts of that river, encouraging an adventure, as also frequent solic- itations from the most considerable inhabitants of those eastern parts, earnestly desiring us to make proof of, and ascertain our in- terest, we employed the most approved artists that could be obtain- ed, who upon their solemn oaths made returns, that upon their certain observation our northern patent line did extend so far north as to take in all those towns and places which we now possess ; which when the inhabitants as well as ourselves w^ere satisfied in, (urged also with the necessity of government amongst them) they peaceably and voluntarily submitted to the government of the Mas- sachusetts, (viz.) Dover, Squamscot and Portsmouth, anno 1641, Kittery, York and Wells, anno 1652 and 1653, from which times until the year 1662, when there was a small interruption by a let- ter of Mr. Gorges, and afterwards in the year 1665, (when his majesty's commissioners. Colonel Nicolls and others, came over) the inhabitants of those parts lived well satisfied and uninterrup- ted under the Massachusetts government. But when the said commissioners neither regarding the Massachusetts' just right nor the claims of Mr. Gorges and Mr. Mason, settled a new form of government there, but this hardly outlived their departure, the people impatient of innovations, and well experienced and satisfi- ed in their former settlement, quickly and quietly returned to order again and so continue unto this time. This is in a few words the true state of the matter; for the further illustration whereof and 446 APPENDIX. justilication of our proceedings therein, and rindication of ourselves from the repn^achfnl imputation of usurping authority over his majesty's subjects in the ^'astern parts pretended to, with other scandals cast upon us by the petitioners, we humbly present the following pleas l\v way of demonstration, and argue that our ex- teiision of go\orn'nent to those eastern parts claimed is agreeable to our indubitable patent right; our patent according to the ex- press term therein contained without any ambiguity or color of other interpretation, lies between two east mid west parallel lines drawn from the most southerly part of Charles river and the most noriherli/ part of Merrimack, with three miles advantage upon each, which upon th*^ observation of men of approved and undoubted truth upon oath, are found distant one degree and forty-nine min- utes north latitude, being to extend in full latitude and breadth from sea to sea (ut in termiuis) and therefore cannot be bounded by many hundreds or infinite numbers of lines, as the river Merri- mack maketh bends or angles in two hundred miles passage from Winnipiseogee lake to the mouth thereof, which to imagine, as it is irrational, so would it involve us and any borderer into so many inextricable disputes as are by no ways to be admitted by a prince seeking bis subjects' peace. Besides were such a construction allowable, (which with uttermost straining is) yet all favorable in- terpretation is to be oflfered the patentees by the gracious expres- sion of the charter. Now according to the aforementioned obser- vation, (so confirmed) all those eastern plantations challenged by our opponents (ut supra) are comprehended within our northerly line. We deny not but the artists of theirselves, and if any ques- tion thence arise, we fear not to submit to trial to the most exact and rigorous test that may be. The invincible strength of this our first plea, may further appear by the consideration of the friv- olous and insignificant allegations of the petitioners in opposition thereunto, viz. 1st. The nonextension of our line or assertion of our right to those eastern parts for some years, ignorance, as our case was circumstanced, debarring no mail of his just riglit, neither can it reasonably be supposed that the exact survey of so large a grant, in so hideous a wilderness, possessed by an enemy, would be the work of a few years, our own poverty not affording means, and our weakness (allowing no deep adventure into the country) permitting us not to view the favorable running of the river, which none can imagine altered its course by our delay ; we may as well be deprived of far more than we possess or ever saw on our west- ern parts to the south sea (which none will deny) because we have not surveyed it or are soon like to be able, as be taken from our northern right so obvious to the meanest artist. 2dly. The possession-house in Hampton of so little signification and so long since disused, that Mr. Mason hath forgot the name thereof and calleth it Bound -house, erected to give the world to "know that we claimed considerably to the northw^ard of our then habitations upon the bay, though we did not know the utmost ex- tent of our right, our fathers not being so ignorant of the law of the realm to which they did appertain as to suppose the taking APPENDIX. 417 possession of part did debar them of the remainder but the con- trary ; and we challenge Mr. Mason or any on liis bLhalf, promis- ing our records shall be open to the most scrutinous search to prove it, either called or intended according to his abuse thereof. 3dly. That notorious falsehood of stretching our right to near four hundred miies north and south more than iuiuu^rly we were satisfied with, our whole breadlii being l)ut one hundred and nine miles which is not much more than a quarter part of what he would have the world believe our new claim and (as he would insinuate) usurped territory doth contain, arising (we would char- itably belie\ e) partly from ignorance of the coa^sling of the coun- try, Mr. Mason accounting by the sea-side, and we suppose coast- ing in the measure of every harbour and cove to make up that cal- culation, which lies much of it due east and not to the north, but we fear malevolently suggested (as many other things as of little credit) to introduce into his majesty's royal breast a belief that we are unreasonable in our pretensions, and so unworthy of his maj- esty's favor, which we hope such unlawful endeavours will never be so prosperous as to obtain. What may be further added to this our first plea, may be supplied from the reasons formerly pre- sented. We urge secondly, I'he invalidity of those grants pre- tended to by the petitioners, which are of two sorts ; 1st. Such as bear date after ours, which we see no reason to fear any inter- ruption from. Secondly, Such as are pretended to bear date be- fore ours, against which we object that they are not authentic, wanting a sufiicient number of grantors to make them so, none of them as we presume will appear upon trial having above six hands and seals annexed to them, the said council of JNew-England con- sisting of forty, and his majesty's grant to them expressly requir- ing (as we are informed) seven at the least to sign to make any valid act ; and indeed JNIr. Mason's own often unwearied renewal of his grants in 1621, sixteen hundred twenty-two, sixteen hun- dred twenty-nine and 1635, (as he saith) tacitly confesseth the same invalidity, in the former putting him to charge for the latter, till at last he fell into such a trade of obtaining grants that his last and most considerable was six years after the grant of our charter from his majesty, and but three days before the said council's declaration of their absolute resolution to resign, and but a few days before their actual surrender, as he asserts ; which of what value and consideration it is from the said council's circumstanced under a necessity of resignation of their great charter, procured rather by the clamor of such ill aifected persons us the present complaint than by any true account of dissettlement or ill man- agement here, is not difficult to judge. Hence it appears, first, how little reason Mr. Mason hath to brand us with fraud or sur- reptitiousness in obtaining our charter; which hath most show of fraud and surreptitious procuration, a sufficient number of those honorable persons subscribing ours and fewer his pretended anteda- ted grants, is easy to determine. In which assertion is to be ob- served the high reflection cast upon the members of his late ma- jesty and ministers of state, groundlessly rendering the council's 448 APPEiNDlX. seal, yea the great seal of England, exposed to fraud and deceit- ful clandestine practices; yea upon his present majesty, insinuat- ing himself better acquainted with matters of state than he who allows and co'.ifirms our grant as authentic by his gracious letter of sixteen hundred sixty-two, which intolerable boldness how unbeconiing (not to say more) in a subject, it is not easy for us to say. To all wdiich we uiay add Sir Ferdinando Gorges' appli- cation to the authority here to interpose in his aliair, which he, being oue of the great council, would have been far from ac- knowledging, had Mr. Mason's allegations been founded upon truth. Secondly, That articles of charge depending upon such illegal and post-dated grants cannot take place against us were their dis- burse as great as it is affirmed, which by eye witnesses upon the place and still living are proved comparatively very inconsiderable. 3dly. We affirm that the whole management of the aliair re- specting our government of those eastern parts was in an orderly and peaceable way, and not without the leiterated and earnest so- licitation of most of the people there inhabiting, sufficiently ap- pearing by their several petitions ; and we challenge Mr. Gorges and Mr. Mason by any living evidence or record to shew^ any sign of a forcible entrance : Some magistrates upon the clearing of our right to them and acceptance of the tender of themselves to us, being sent thither without any other force than each of them a ser- vant to attend them. Indeed some years after Capt. Bonythou for mutinous carriage was seized and brought to justice ; concerning which and many other cases many inhabitants yet living and eye witnesses cau give the most impartial evidence. 4thly. We offer to consideration that the deserted and ungov- erned state of the people of those places had we not had that pa- tent right so clearly evinced, might warrant our actions ; especial- ly considering the obligation upon us to secure his majesty's hon- our and maintain the public peace, so hazarded by the total want of government amongst them. Our first exercise of jurisdiction being in the year 1641, eight years after Capt. Neal, agent for Mr. Mason, had wholly deserted the improvement of land and the government of the country, which indeed he never used but one year, for in the year 1630 he first came over, and in the year 1634 he quitted the place ; and in the interim, neglected the same in making a voyage for England, the short time of his tarriance not admitting of settlement of government or improvement. We may hereto subjoin that Mr. Joseph Mason, agent for Mrs. Anne Mason, when here and all things were fresh in memory, made no demand contrary to what is affirmed, but petitioned our justice against his debtors there and elsewhere, and that Sir Ferdinando Gorges his grant being so mean and uncertainly bounded that he knew not well how to find, much less to improve, to considerable advantage, by his letter bearing date doth devolve the whole charge and care of his pretended provnice upon the authori- ty here estal)lished. Lastly, Tliat the exercise of jurisdiction in those eastern parts hath been and is his majesty's honour, the peo- APPENDIX. 449 pie's great benefit, and our charge witlioiit profit, which had it not been, the ruin of those parts would have unavoidably ensued in the want of all government, and their seizure by the French, who ever waited a lit opportunity for the same. They have part of them lor thirty-live years and others twenty years (some small interruption intervening producing the stronger inclination and re- solution in them to be constant to his majesty's authority here, liv- ed ujider the government of the Massachusetts a quiet, well ord- ered and thriviiig people. And as for any complaint from ill af- fected persons, it is well known that the best and wisest govern- ment is not without disquiet from some such ; and no wonder if silly people are soon affected with such lair glossing promises as Mr. Mason hath made and published, as it were determining the case before trial by his late letters to the inhabitants in those parts, and that our government in those places have been no gain, is so unquestionable a truth, that never was any levy laid upon them for the supply of the public treasury, though much bath been and is further like to be expended for their security, who otherwise will inevitably become an easy prey to the heathen, now in hostility with us, and at this present time raging in those parts. The before written, is a true copy transcribed from the records of the general court of the laie colony of the Massachusetts Bay, held by the governor and company of the said colony, at Boston, the 6th of September, 1676. Examd. per ISA. ADDINGTON, Se.-'y. No. 24. Copy oj the Report of the Lords Chief Justices^ and the King^s confirmation thereof At the Court at Whitehall, July 20, 1677. (L. S.) Present the King's most excellent majesty. Lord Chancellor, Earl of Craven, Lord Treasurer, Lord Bishop of London, Lord Privy Seal, Lord Maynard, Duke of Ormond, Lord Berkley, Marquis of Worcester, Mr. Vice Chamberlain, Lord Chamberlain, Mr. Secretary Coventry, Earl of Northampton, Mr. Secretary Williamson, Earl of Peterborough, Mr. Chancellor of the Excbe- Earl of Stratford, quer, Earl of Sunderland, Master of Ordnance, Earl of Bath, Mr. Speaker. Whereas the right honorable the lords of the committee for trade and plantations, did, in pursuance of an order of the 7th of Febru- ary last, make report to the board, of the matters in controversy, between the corporation of the Massachusetts Bay, in New-Eng- land, and Mr. Mason and Mr. Gorges, touching the right of the soil and government, claimed by the said parties in certain lands there, by virtue of several grants from his majesty's royal father and grandfather, as foHoweth, in these words, 59 4Q0 APPENDIX. May it please your majesty, — Having received your majesty's order in council, of the 7th of February last past, whereby we are directed to enter into the examination of the bounds and limits, which the corporation of the Massachusetts Bay, in New-England, on the one hand, and Mr. Mason and Mr. Gorges on the other, do pretend by their several grants and patents to have been assigned unto them, as also to examine the patents and charters which are insisted on by either side, in order to find out and settle how far the rights of soil and government do belong unto any of them. In consideration whereof, the lords chief justices of your majesty's courls of Icing's bench and common pleas, were appointed to give us their assistance, we did, on the 5th of April last, together with the said lords chief justices, meet in obedience to your majesty's commands, and having heard both parties by their counsel, learned in the law, we did recommend unto their lordships to receive a state of the claims made by both parties, and to return their opin- ions upon the whole matter unto us, which their lordships have accordingly performed, in the words following : In obedience to your lordships' order, we appointed a day for the hearing ef all parties, and considering the matters referred, having received from them such papers of their cases as they were pleas- ed to deliver ; ?.t which time ail parties appearing, the respondents did disclaim title to the lands claimed by the petitioners, and it appeared to us that the said lands are in the possession of several other persons, not before us, whereupon we thought not fit to ex- amine any claims to the said lands, it being (in our opinion) im- proper to judge of any title of land, without hearing of the ter ten- ants, or some other persons on their behalf; and if there be any course of justice upon the place, having jurisdiction, we esteem it most proper to direct the parties to have recourse thither, for the decision of any question of property, until it shall appear that there is just cause of complaint, against the courts of justice there, for injustice or grievance. We did, in the presence of said parties, examine their several claims to the government, and the petitioners having waived the pretence of a grant of government from the council of Plymouth, wherein ihey were convinced, by their own counsel, that no such power or jurisdiction could be transferred or assigned by any color of law ; the question was reduced to the province of Maine, where- to the petitioner. Gorges, made his title, by a grant from king Charles the First, in the 15th year of his reign, made to Sir Fer- dinando Gorges, and his heirs, of the province of Maine and the government thereof. In answer to this, the respondents alleged, that long before, viz. in quarto Caroli primi, the government was granted to them, and produced copies of letters patents, wherein it is recited, that the council of Plymouth, having granted to cer- tain persons a territory thus described, viz. " all that part of New- " England in America, which lies and extends between a great " river that is commonly called Monomack alias Merrimack, and a " certain other river there, called Charles river, being in the bot- *' torn of a certain bay there, called the Massachusetts bay, and APPENDIX. 451 " also all and singular the lands and hereditaments whatsoever, " lying and beinp; within the space of three English miles on the " south part of the said Charles river, or any or every part thereof; " and also all and singular the lauds and hereditaments whatsoev- '* or, lying and being ^vithin the space of three English miles to " the southermost part of the said bay, called Massachusetts bay ; " and all tliose lands and hereditaments whatsoever, which [lie] " within the space of three English miles to the northward of the " said river, called Monomaek alias Merrimack, or the northward '■' of any and every part thereof, and all lands and hereditaments " whatsoever, lying withiji the limits aforesaid, north and south in " latitude and breadth, and in length and longitude of and within " all the breadth aforesaid, throughout the main lands there, from " the Atlantic and western sea and ocean on the east part, to the " south sea on the west." By the said letters patents, the king contirmed that grant, made them a corporation, and gave them power to make laws for the governing of the lands and the people therein. To which it was replied, tijat the patent of 4" Caroli. l"^' is invalid. 1. Because there was a precedent grant ISo Jacobi, of the same thing, then in being, which patent was surrendered af- terwards, and before the date of the other 15o Car. 1™'. 2. The grant of the government can extend no farther than the ownership of the soil, the boundaries of which, as recited in that patent, whol- ly excludes the province of Maine, which lies northward more than three miles beyond the river Merrimack. We having considered these matters, do humbly conceive as to the first matter, that the patent of 4" Caroli 1""' is good, notwith- standing the grant made in the IS" Jac : for it appeared to us bj the recital in the patent 4" Caroli 1'"' thai the council of PIvmouth had granted away all their interest in the lands the year before, and it must be presumed they then deserted the government ; whereupon it was kwful and necessary for the king to establish a suitable frame of government, according to his royal wisdom, which was done by that patent, 4" Caroli 1'"' making the adventur- ers a corporation upon the place. As to the second matter it seems to us to be very clear that the grant of the government 4" Caroli l"i' extends no farther than the boundaries expressed in the patent, and those boundaries cannot be construed to extend further northwards along the river Merrimack than three English miles, for the north and south bounds of the lands granted so far as the river extends, are to follow the course of the ri^ er, which make the breadth of the grant, the words describing the length to comprehend all the lands from the Atlantic ocean, to the South sea, of, and in all the breadth aforesaid, do not w arrant the over reaching those bounds by imaginary lines or bounds, other expo- sition, would (in our humble opinion) be unreasonable and against the interest of the grant. The words ' of, and in all the breadth aforesaid,' shew, that the breadth was not intended an imaginary line of breadth, laid u])on the broadest part, but the breadth re- specting the continuance of the boundaries by the river, as far as the rivers go, but when the known boundary oif breadth determines 452 APPENDIX. it must be carried on by ioiaginary lines to the South sea. Aud if the province of iMaino, lies more northerly than three English miles from the river Merrimack, the patent of 4" Caroli 1"'^ gives no rigiit to govern there, and thereupon the patent of the same 15" Car. 1"" to the petitioner Gorges, will be valid. So that upon the whole matter, we are humbly of opinion, as to the power of government, that the respondents, the Massachusetts aud their successors, by their patent of 4" martis 4" Caroli l""' have such right of government as is granted them by the same patent vyithiu the boundaries of their land expressed therein, according to such description and exposition, as we have thereof made as aforesaid, and the petitioner, Sir Ferdinando Gorges, his heirs and assigns, by the patent 3d April, have such right of government, as is granted them by the same patent, within [the territory) called the province of Maine, according to the boundaries of the same expressed in the same patent. RI. RAINSFORD, FRA. NORTH. All which being the opinion of the lords chief justices, and fully agreeing with what we have to report unto your majesty upon the whole matter referred unto us by the said order, we humbly sub- mit the determination thereof unto your majesty. Anglesey, Craven, . J. Williamson, Ormond, H. London, Tho. Chickley, Bath, G. Carteret, Edw. Seymour. Which having been read at the board the 18th instant, it was then ordered that the said Mr. Mason und Mr. Gorges, as a!so that the iigents of the corporation of the Massachusetts Bay, should be this day heard upon the said report, if they iiad any objections to malce thereunto. In pursuance whereof, all parties attending with their counsel, who not alleging any thing so material as to prevail with his majesty and the board to difter in judgment from the said report ; his majesty was thereupon pleased to approve of and confirm the same, and did order that all parties do acquiesce therein, and contribute what lies in them to the punctual and due performance of the said report, as there shall be occasion. JOHN x\ICHOLAS. (The above paper, of which the copy is attested bj Edward Rawson, secre- tary of Massachusetts, and John Penliallow, clerk of the superior court of New-Hanipsliire, is in the files of the snid superior court, and in the Masoa- ian proprietary office.) No. 25. Copy of that part of President Ciitt^s commission^ in which the claim of Robert Mason is recited. " And whereas the inhabitants of said province of New-Hamp- shire, have many of them been lo;ig in possession of several quan- tities of lands, and are said to have made considerable improve- ments thereupon, having no other title for the same than what has been derived from the government of the Massaclmsetts Bay, virtue of their imaginary line ; which title, as it bath by the o- pinion of our judges in England been altogether set aside, so the APPENDIX. 453 ageuts from the eaiJ colony have consequently disowned any right, either in the soil or government tiiereof, from tiie three mile line aforesaid ; and it appearing to us, that the ancestors of Robert Mason, Esq. obtained grants from our great council of Plymouth, for the tract of land aforesaid, and were at very great expense upon the same, until molested and finally driven out, which hath occasioned a lasting complaint for justice, by the said Robert Ma- son, ever since our restoration. However, to prevent in this case any unreasonable demands which might be made by the said Rob- ert Mason, for the right he c'.aimeth in the said soil, we have obliged the said Robert Mason under his hand and seal, to declare that he will demand nothing for the time past, until the 24th of June last past, nor molest any in their possession for the time to come, but will make out titles to them anr* their heirs forever, provided they will pay to him upon a fair agreement in lieu of all other rents, sixpence in the pound, according to the just and true yearly value of all houses built by them, and of all lands, whether gardens, or- chards, arable, or pasture, which have been improved by thera, which he will agree shall be bounded out unto every of the parties concerned, and that the residue may remain unto himself to be dis- posed of, for his best advantage. " But if, notwithstanding this overture from the said Robert Mason, which seemeth to be fair unto ns, any of the inhabitants of the said province of New-Hampshire, shall refiise to agree with the agents of said Robert Mason upon the terms aforesaid, our will and pleasure is, that the president and council of New- Hampshire aforesaid, for the time being shall have power, and are hereby iropowered to interpose and reconcile all dift'erency, if they can, that shall or may arise between the said Robert Mason and the said inhabitants, but if they cannot, then we do hereby com- mand and require the said president and council to send into Eng- land such cases, fairly and impartially stated, together with their own opinions upon such cases, that we, our heirs and successors, by and with the advice of our and their privy council, may deter- mine therein according to equity." (The same mutatis mutandis is inserted in Cranfield's commission.) No. 26. The General Laws and Liberties of the Pro^nnce of New- Hampshire. [Not inserted in the former editions.] The general laws and liberties of the province of New-Hamp- shire, made by the General Assembly, in Portsmouth, the 16th of March, 1679-80, and approved by the President and Council. Forasmuch as it hath pleased our sovereign lord, the king, out of his princely grace and favor to take us, the inhabitants of New- Hampshire, into his immediate government and protection, the which, as we are ever bound to acknowledge with great thankful- ness, so we have great reason to hope and believe that his majesty will still continue to countenance aud encourage us with the enjoy- 454 APPEiNDIX. meut of such liberties, immunities and pp'tics [properties] as be- loii;T to free bom i']ii;^'lis(iinen. And whereas, his inajesty hath been pleased by his letters pa- tents, sent to us to confer such power upon the General Assembly as to make such laws and ordinances as may best suit with the good government and quiet settlement of his majesty's subjects within this province : — It is therefore ordered and enacted, by this General Assembly and the authority thereof, That no act, imposition, law, or ordin- ance be made or imposed upon us, but such as shall be made by the said assembly, and approved by the president and council from time to time ; and, that justice and right be equally and impartial- ly administered unto all, not sold, denied or causelessly deterred unto any. 9 Hen. 3. Ch. 29.— Stat. 2. Edw'd 3. Ch. 8.— Stat. 5. Edw'd 3— 9.— Stat. 14. Edw'd 28.— Edw'd 3, 3.— Stat. 11. R. 2—10.— 17 Caro. 1—10. CAPITAL LAWS. 1. It is enacted by tliis assembly and the authority thereof. That if any person having had the knowledge of the true God, openly and manifestly have or worship any other God but the Lord God, he shall be "put to death. Ex. 22. 20. Deut. 13. 6 and 10. 2. If any person within this province, professing the true God, shall wittingly and willingly presume to blaspheme the holy name of God, Father, Son or Holy Ghost, with direct, express, presump- tuous or high-handed blasj)hemy, either by wilful or (»bstinate, de- nying the true God, or his creation or government of the world, or shall curse God, Father, Son or Holy Ghost — such person shall be put to death. Levit. 24. 15, 16. 3. Treason against the person of our sovereign, the King, the state and commonwealth of England, shall be punished with death. 4. If any man conspire and attempt any invasion or insurrec- tion, or public rebellion against this his majesty's proving,or shall endeavor to surprise any town or tou'ns, fort or forts therein, or shall treacherously or pertidionsly attempt the alteration or subver- sion of the fundamental frame of this government according to his majesty's constitution by his letters patents, every such person shall be put to death or otherwise grievously punished. 5. If any person shall commit wilful murder by killing any man, woman or child, upon premeditated malice, hatred or cruelty, not in a way of necessary and just defence, nor by casualty against his will, he shall be put to death. 6. If any person slayeth another person suddenly iu his anger and cruelty of passion, he shall be put to death. 7. If any person shall slay another through guile either by poisoning or other such devilish practice, he shall be put to death. 8. If any christian, so called, be a witch, that is, hath or cou- sulteth with a familiar spirit, he or they shall be put to death. 9 If any person lie with a beast or brute creature by carnal copulation, they shall surely be put to death, and the beast shall be slain and buried, and not eaten. APPENDIX. 45-> 10. If any inan licth with mankiiifl as ho lieth with a woman, both of the'.ii hath committed abomination, thcv both shall sureiy be put to death, unless the one party were forced or be under four- teen years of acfe, and all other Sodomitical filtliiuess shall be se- verely punished according to the nature of it. 11. If any person rise up by false witness wittingly and of pur- pose; to take away a man's life, he shall be put to death. 12. If any man stealeth mankind, he shall be put to death or otherwise fjrievously punished. 13. If any child or children, above sixteen years old and of competent understanding;, shall curse or smite their natural futlier or mother, he or they shall be put to death, unless it can be sufli- ciently testiiied, that the parents have been very unchristiauly neg- ligent in the education of such cliildren, or so provoked them by extreme and cruel correction, that they have been forced thereiui- to to preserve themselves (roai death or maiming. 14. If a man have a rebellious or stubborn son, of sufiicient years and understanding, viz. — sixteen years of age or upward, which shall not obey the voice of his father or the voice of his mothei, that when they have chastened him will not hearken unto them, then shall his father and mother, being his natural parents,, bring him before the magistrates assembled in court, and testify unto them, that their son is rebellious and stubborn, and will not obey their voice and chastisement, but lives in sundry notorious crimes, such a son shall be put to death or otherwise severely pun- ished. 15. If any man shall ravish a maid or women, by committing carnal copulation with her that is above ten years of age, or if she were under ten years of age, though her will was gained by him, he shall be punished with death or some other grievous punish- ment, as the fact may be circumstanced. 16. Whosoever shall wilfully, or on purpose, burn any house, ship or barque, or any other vessel of considerable value, sueh person shall be put to death or otherwise grievously punished, as the case may be circunastanced. (The two preceding papers are in tlie first book of MS. Laws of New- Hampshire.) No. 27. Address of the General Court of New-Hampshire to the King. To his most excellent majesty, Charles the 2d, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. : The humble address and petition of the President and Council of his majesty's province of New-Hampshire, in New-England, humbly sheweth, — That, it having pleased your most excellent majesty to separate us, the inhabitants of this province, from that shadow of your maj- esty's authority and government under which we had long found 466 APPENDIX. protection, especially in the late war with the barbarous natives, who (this divine proteciiou) proved a heavy scourge to us, and had certainly been the ruin of these poor weak plantations, (beinj^; few in iuind)er, and otherwise under great disadvantaj;es,) if our brethren and neif)hbors had not, out of pity and compassion, stretch- ed forth their helping hand, and with their blood and treasure de- fended us, our lives and estates ; nevertheless, upon the receipt of your majesty's pleasure, deliverec' by Edward Randolph, Esquire, upon the first of January last, directing unto and commanding the erecting of a new government in and over these four towns, (the government of the Massachusetts yielding readier obedience to your majesty's commands wiih reference to our relation formerly to them,) although deeply seuiiible of the disadvantages likely to accrue to vour majesty's provinces and ourselves, more especially by the multiplying of small and weak governments, unlit either for offence or defence, (the union of these neighbor colonies hav- ing been more than a little instrumental in our preservation.) We have taken the oaths prescribed us by your aiajesty, and ad- ministered to your subjects of these lour towns the oath of alle- giance, and convened a general assembly for regulating the com- mon affairs of the people and making of such laws as may be of more peculiar use to ourselves, having special regard to the acts for trade and navigation set forth in the book of rates commonly printed and sold, and if some obstruction occasioned by such as make greater pretences of your majesty^ favour and authority had not hin- dered we might have brought matters to a greater maturity, jet hope to perfect something by the lirst opportunity of shipping from hence, but feared it might be too long to defer our humble acknowledgment of your majesty's grace and favor, in committing the power into such hands as it i'.eased your majesty to nominate, not imposing strangers upon us, and it much comforts us against any pretended claimers to our soil, or any malevolent spirits^ which may misrepresent us (as they have done others) unto your majes- ty or honorable council, while, beside the known laws of the realm, and the undoubted right of English men, we have the fa- vor of a gracious prince to fly to. We do therefore most hum- bly beg the continuance of your majesty's royai favor and protec- tion, without which, we are daily liable to disturbance if not ruin. And, as in duty bound, we shall humbly pray, &c. March 29, 1680. No. 28. Address of the same to the same. To the king's most excellent majesty, — We, the president and council of your province of New-Harap- fihire, having (according to the royal pleasure) given an account of our allegiance and observance of your commission, by Mr. Jowles, in March last, and therefore shall not give you the trouble of repetition. According to your majesty's command, we have with our general assembly, been considering of such laws and or- APPENDIX. 457 ders, as do by divine favor, preserve the peace, and are to the sat- isfaction of your majesty's good subjects here, in all which, we have had a special regard to the statute book your majesty was pleased to honor us with, for which, together with the seal of your province, we return most bumble and hearty thanks ; but such has been the hurry of our necessary occasions, and such is the shortness of the summer, (the only season to prepare for a long ivinter,) that we have not been capable of sitting so long, as to frame and finish aught that we judge worthy to be presented to your royal view, but shall, as in duty bound, give as speedy a de- spatch to the affair as we may. In the mean time, your subjects are at quiet under the shadow of your gracious protectiou, fearing no disturbance^ unless by some pretended claimers to our soil, whom we trust your majesty's clemency and equity will guard us from injury by ; and, considering the purchase of our lands from the hea- then, the natural proprietors thereof, and our long quiet possession, not interrupted by any legal claim, our defence of it against the bar- barous adversary, by our lives and estates, we are encouraged, that we shall be maintained i7i our free enjoyment of the same, without being tenants to those who can show no such title thereunto. Further, we do gratefully acknowledge the mark of your princely favor in sending us your royal effigies and imperial arms, and lament, when we think that they are, through the loss of the ship, miscarried by the way. And, seeing your majesty is graciously pleased to li- cense us to crave what may conduce to the better promoting of our weal and your majesty's authority, we would humbly suggest, whether the allowance of appeals, mentioned in the commission, may not prove a great occasion, by means of malig-iiunt spirits, for the ob- structing of justice among us. There are also sundry other things that a little time and experience may more evidently discover a great convenience in, which, upon the continuance of the same liberty from your majesty, we shall ^'itli like humility present. Thus craving a favorable construction of what is above suggested, and praying for your majesty's long and prosperous reign, begging also the continuance of your majesty's favor, out of which, if any of our adversaries, under a pretence of loyalty or zeal for your majes- ty's interest, should endeavor to eject us, we hope, upon liberty granted us, to speak for ourselves, we shall abundantly demon- strate that we do truly and sincerely subscribe, Your majesty's most loyal and dutiful subjects. JOHN CUTt, President, with the consent of the council, Portsmouth, in the Province of New-Hampshire, June 11, 1680. No. 29. Copy of the Mandamus by lohich Robert Mason, Esq., was admitted to a seat in the council, December 30, 1680. Trusty and well beloved, we greet you well. Whereas, we have thought it fit to take into our special care and protection our province of New-Hampshire, and provide for its 60 458 APPENDIX. prosperity and good government, and the settlement of the estates and possessions of our good subjects there : And lh?it for ihe avoid- ing any suits or couteviiovs in matters of title, and the determining any demands, which might be made by our well beloved subject, Robert Mason, Esq., as proprietor under us, of that province, by virtue of a grant deri\ed from our royal grandfather, king James, under the great seal of England :* We have so composed all mat- ters with him, that for the time past, until the 24th day of June, 1679, he shall not claim or demand any rent, dues, or arrears, whatsoever ; And for the future, he, his heirs or assigns, shall re- ceive only six pence in t}ie pound yeorly of every tenant, by way of quit rent, according to the true and just yearly value of what is improved by any of the inhabitants ; as is more fully expressed in our commission under our great seal, bearing date, the-LSth day of September, in the 31st year of our reign. And v.hereas, the said Robert Mason hath humbly siguilied to us, that he is preparing to transport himself, for the taking care of his affairs and interest in the said province, and for the giving a secure and legal confirma- tion of the estates of such persons as are now in possession, but without any right or legal title to the same. And he being a person whom we have esteemed useful to our service, as he is chiefly concerned in the w elfare of that our province ; we have further thought fit to constitute and appoint him to be one of our council therein, and we do hereby order and require you, our president and council, that immediately after his arrival, you do admit him one of our council of our province of New-Hampshire, he first taking the oaths mentioned in our said commission. And we do further require you and him, that you do betake yourselves to such discreet and equitable ways and methods in your proceedings, agreements and settlements for the future, that there may be no occasion of complaint to our royal person and authority here. We being resolved to discountenance all such as shall wilfully or un- necessarily avoid or delay your submitting to those determinations which may be reasonably decreed according to justice and good onscience. Which yon are to signify to all our good subjects within our said province, that they may govern themselves accord- ingly. And so we bid you heartily farewell. Given at our court, at New-Market, the first day of October, 1680, in the two and thirtieth year of our reign. By his majesty's command, SUNDERLAND. To our trusty and well beloved, the president and council ) of our province of New-Hampshire, in New-England. J No. 30. The order of the Council and General Assembly, for a Fast, made in March, 16S1, and published under the seal of the Prov- ince. [Not inserted in the former editions.] Upon serious consideration of the manifold sinful provocations wnoDg us, as of the sundry tokens of divine displeasure evident to • This must mean the charter to the council of Plymouth. APPENDIX. 459 US, both in the present dangerous sickness of the honorable presi- dent of the council for New-Hampshire, in the coiilinuanoe of whose life is wrapt up much blessing, whose deatii may occasion much trouble; as also in respect of that awful portentous blazing star, usually foreboding sore calamity to the beholders thereof; and in regard of the great need that we have o( viore than ordinary presence of Almighty God with us, in our necessary applications to his royal majesty, our sovereign lord the king ; as also having a real sympathy with tlie great ihoughts of heart in our brethren and neighbors, as they are circumstanced ; ever seriously and loyally imploring the divine favor for the continuance of his majesty's life and prosperous reign, as the protection of God's cause and church against the popish party throughout the world; humbly craving covenant mercy to be continued to us, and ours after us in their generations, as also God's crowning the several seasons of the year with suitable goodness : The council and general assembly for the province of New-Hampshire, have appointed the next Thurs- day, being the 17th day of this instant March, a day of public fast- ing and prayer, to be solemnly kept by all the inhabitants thereof, hereby strictly inhibiting all servile labor thereon. Commending the same to all elders, churches, ministers, and people, that they fervently wrestle with the Lord, that he may turn from the fierce- ness of his anger, and cause his face to shine upon us in all our concerns. > (The four preceding papers are in the Council Minutes, first book.) [The Council Minutes from 1680 to 1698, are not to be found in the Sec- retary's office.] No. 31. Atiswer to the claim made by Mr. Mason to the house and . lands of New- Hampshire. (In Mr. Weare's hand writing, but without date or signature.) It does not legally appear, that Mr. Mason can lay any just claim to any of the lauds in New-Hampshire, for what right he pretends, is either derived from Capt. John Mason, (whom he says was his grandfather) or from his majesty's commission : but presume from neither ef these has he any right. Not from Capt. John Mason; for 1. It does not legally appear that ever he had any right to the province of New-Hampshire. It is true there is a copy of a patent or deed from the council of Plymouth, which he brings over without attestation of public notary, or any other authority. Besides, in said copy there is not the least intimation of any hand or seal to the original, and there is two men that swear this is a true copy of the original, which plainly demon- strates that the original is but a blank ; the truth whereof we are the more confirmed in, because it is not rational to imagine, that Mr. Mason would come from England to prosecute a right, and not bring with him what he had to make good his claim, but hav- ing nothing but blank copies, he could bring no better than he had, which cannot be looked upon as authentic, in any court. 460 APPENDIX. 2. If it should be supposed that ever Capt. John Mason had a right by patent, yet it does not appear liow Robert Tufton Mason (as the plaintiff calls himself) derives a title frora hira, either as his heir, executor, or administrator, or by deed of gift ; all that we can hear in court is, that the plaintiff" calls himself Capt. Ma- son's heir. 3. If the plaintiff, or his ancestors, ever had a title to the lands he claims, by patent from the council of Plymouth, yet they have lost it by non-use, for they never attended the ends of granting pa- tents, by king James, of blessed memory, in his highness' patent to the great council of Plymouth, which was the peopling of the land, enlarging the king's dominions, propagating the gospel, con- version of the heathen — the native proprietors, &c. Now, the plaiiitilf, nor ancestors, never planted this province, nor expended any thing upon it, to the upholding of it, in peace nor war, but the present inhabitants did, either by themselves or predecessors, pur- chase their possessions from the natives, and by their permission did sit down upon the land, and manured, to the vast expence of above 50 years time, in hard labor, and expending upon it their Avhole estate. And iu the late Indian war, did defend it against the enemy, to the loss of many of their lives, and considerable part of their estates, without any assistance frora Mr. Mason, who now claims not only what poor people have purchased and labor- ed hard upon, but also conquered or relieved from cruel attempts of the barbarous heathen, and we conceive we were under no ob- ligation to run such adventures to make ourselves slaves to Mr. Mason. 4. It does not appear that there was a quorum of the great coun- cil of Plymouth, to the making of Capt. Mason's deed, according to the patent granted to the great council of Plymouth, which ren- ders his claim unvalid, if ever any thing iu that kind was done, which we question. From what is said, we humbly conceive Mr. Mason has no right from Capt. John Mason. And that his majesty's commission does neither give nor confirm any title to the lands claimed, we prove ; (1 ) We humbly conceive that his royal majesty, who is so pru- dent a prince, and so solicitous for the peace of his subjects, would not have left that matter doubtful, to his subjects of this province, but rather have told us, that he had given all the lands to Mr. Ma- son, but there is nothing of gift, to him, in the commission, and if his majesty had, (which we cannot believe he would) we should crave the benefit of the statue in the 17" of Charles the first, which says. No king and council can alienate lands but by due course of law. But we were never yet heard, and when it comes to legal trial, we presume the law of possessions will confirm our lands to us, seeing we have had peaceable possession 50 years. (2) If his majesty had given the lands iu the province to Mr. Mason, what can be understood by that clause in the commission, ' That in case the inhabitants shall refuse to agree with Mr. Ma- son, then the governor shall interpose and reconcile all differences. APPENDIX. 461 if he can, but if he cannot, then to send the case, fairly stated to Enj:;'land, that his majesty and privy counsel, miglit deteimine ac- cordinjr to right ;' which we humbly conceive puts a bar to any legal proceedings, \intil his majesty's mind be further known there- in. The inhabitants have offered their reasons to the governor according to commission, which he will not admit of, only did take of one, viz. Capt. Stilemap, and promised to send them to Eng- land, but we can hear of no answer, and much fear his neglect. (3) His majesty in his commission, says, ' To prevent unrea- sonable demands, that may be made by Mr. Mason, for the right he claims,' which claim may prove good or bad, when it comes to trial. We understand, to claim and to have, are different things. (4) His majesty intimates in his royal commission, by what ti- tle Mr. Mason does claim, viz. by a grant to his ancestors, ' who improved and possessed the province with great expence, until molested and finally driven out ;' but this province cannot be con- cluded to be the place he claims, until he make these circumstan- ces appear, which we are sure he never can do. Now, Mr. Mason, not producing any original deed for any of the lands of this province, nor authentic copies, the inhabitants cannot make any compliance with him, both, because we see no right he ever had, or believing if ever any was, he hath mort- gaged it already in England, and so alienated what right he had. Although upon the former grounds, we have good plea a- gainst Mr. Mason's claim, yet we did not see cause to join issue, not only because judges and jurors were not qualified according to law, all of them being picked for espousing Mr. Mason's interest, by the governor's order, who has a mortgage for 21 years from Mr. Mason, for all the lands in the province ; but also because we were willing to attend the methods, prescribed by his majesty,^ in his royal commission. No. 32. The Answer of Elias Stileman to Mason'^s Claim. The answer of Elias Stileman, to the summons from the Hon. Edward Cranfield, Esquire, governor of his majesty's province of New-Hampshire, in N. E. in pursuance of the method which his majesty hath been gratiously pleased to prescribe in his commission. Portsmouth, the 15th of November, 1682. May it please your Honor, — In obedience to your command, that I should render a reason why I refuse to pay quit-rent unto Robert Mason, Esq., (as he titles himself) for my house and lands, and take deeds from him for the confirming of the same, I answer as followeth : Istly. Because my said land I bought and paid for. The title unto which is successively derived unto me from those that have possessed it, without any claim for at least these 50 years, upon which I have built at my own charge without any interruption, and am in the possession thereof, as my own. As to what is said 462 APPENDIX. in the commission, concerning Mr. Mason's proprietors, with all due submission to his inajesty, I conceive it implies rather his claim than a positive determination of his title. 2dl}^ I humbly conceive, that, being in possession of what I have bought and built upon, it rests upon the claimer to make out hi; title, (if he have any by law) begging the favor of an English subject therein, that it may be i'lvat tried upon the place, accord- ing to the stat Jie law, and the opinion of his majesty's judges in England, and this before I am liable to pay quit-rent, and take deeds of confirmation from him. 3dly. Should Mr. Mason obtain his demands, myself and the rest of the inhabitants would be undone forever, for then all his, granted to him, which he calls commons, being out of fence, which yet hath been bounded out by the several towns, and possessed by them for these 50 years, and improved for the maintenance of their cattle both winter and summer, and for timber and fire wood, without which there is no living for us, it being impossible for ns to subsist upon that, which, in the commission is called gardens, orchards, if he may have the disposal of the rest. 4thly. The said Mason speaks of many thousands of pounds expended upon the place, which with submission cannot be made out, and if it could, what then have Ihe poor planters expended in so many years labour since their first sitting down upon it, when they found it an howling wilderness and vacuum domicilium, be- sides a great expence of biood and estate, to defend it in the late In- dian war, nor can they to this day, make both ends meet, by all their labour and frugality, and therefore must needs sink under the exaction of such a proprietor. 5thly. The land which Mr. Mason claims as proprietor, is the land on which such vast expense hath been laid out by his grand- father Capt. John Mason, for the peopling of it, and the land from whence his said grandfather's servants were violently driven out, or expelled by the inhabitants of the Massachusetts, but upon this land there was no such expence laid out by his grandfather. Captain John Mason, for the end aforesaid, nor is this the land from Vv'hence any servants of his said grandfather were so expelled, and therefore, we, that are possessed of this land, are not con- cerned in his claim, he hath mistaken his province, and may en- deavour to find it some other where, for here is no such place. etlily. If Mr. Mason had a patent here, why did he not take possession in the day thereof ? If he were in possession, why did he not keep it still ? None ever drove him out as he informs ; had he been once settled, he might to this day have kept it, as the rest of the inhabitants have done, without the least molestation, but I am humbly of opinion, that if he, the said Mason, or any of his heirs came hither, they only came as many ships did to New- foundland and to this country, to make a fishing voyage or beaver trade, and that being at an end, departed, and left their room to the next taker. This is the sum of what I have at present to answer, humbly requesting of your honor, the stating of the case, with your opin- APPENDIX. 463 ion thereupon, to his majesty as the commission direfts; and when his majesty shall, in his wisdom and justice, set- mi-et to order an hearing of the matter in his r.ourts of judicature, upon the place, before a jury of uninterested and indilierent persons, which may be had out of the neighborino; province, (and possibly Mr. Masou may think not attainable in this province, w herei!i all persons are concerned,) as he hath been pleased to do by that part of Mr. Mason's claim, which lies under his majesty's government of Mas- sachusetts, I hope to be able upon these and other grounds so far to make out my title as to be held unblamable, before God and man, for not complying with his dernands. Or, if I should see cause to appeal to his majesty and honorable council, that I shall be put beyond all need of paying quit rent to the pretended pro- prietor. Thus begging your honor's favor, I subscribe, Sir, your humble servant, E. S. (The two preceding papers are in the hands of the Hon. President Weare.) No. 33. Edmund JRaridolph^s Letter to the Lords of Trade and Plan- tationsj giving an account of the Rebellion in New-Hampshire^ 1683. To the right honorable the lords of his majesty's hiost honorable privy council, appointed a committee for trade and plantations : A short narrative of the late transactions and rebellion in the province of New-Hampshire, in N. E., humbly presented by Ed- ^vard Randolph, collector of his majesty's customs there : His majesty having thought lit to establish his royal authority more immediately in New-England, was pleased, by his commis- sion under the great seal, to appoint Edward Cranfield, Esq., to be governor of that province, who arrived in New-England upon one of his majesty's frigates, about the beginning of October, 1682 — The countenance, with his indulgence to the people, obtained his easy admission into the government, in which he was very obli- ging to all, but especially to the late ruling paity ; but, wiihal, made it his business to put the fort, which commandeth the mouth of the harbor, and militia, into safe hands, and put good men into places of civil administration ; and likewise, provided as well as he could, during the short time the frigate lay there, for the future quiet and settlement of that government. Upon the 14th of Nov- ember following, a general assembly of the province was called, wherein, after several warm debates, some laws were made and passed by the governor, and adjourned that assembly till the 9th of January following, being at that time unwilling to break with •them, in hopes they would better understand, for the future. Some time in D-ecember following, the governor, with Major Waldron, late president of the province, Mr. Moodey, minister, and other chief men amongst them, go to Boston, where he is civ^ illy entertained. But bis main design in that journey was, to feel 4G4 APPENDIX. the temper of that c;overnment, and the rather, bef*ause he found they had sucli an influence upon the people of this province, that they advised and adhered to them, in the conduct of all their p'lb- lic and private affairs, whicli in a little time began to discover it- self, for no sooner had Governor Crantield openly discoursed with me, in Boston, about my prosecuting a seizure made by me, at Portsmouth, in October last, of a Scotch vessel, belonging to one Jeffreys, a Scotchman, a clmrch member and inhabitant of that province, but it discomposed the whole party, and it was contrived in their return home, that I might have no better success in his majesty's immediate government, than in my former trials at Bos- ton, to which end Mr. Hammond, candidate for a magistrate the ensuing year in that colony, and brother-in-law to Mr. Moodey, comes in the extremity of bad weather, upon the 19th December, to Portsmouth, (although two or three days before he had declared he would not go thither till spring.) Governor Cranfield being returned from Boston, appoints a special court for a trial of the Scotch vessel, and I went to Portsmouth to attend it ; but the party, believing the governor to be wholly their own, and one of the chief of them openly saying, whatever came out of the ketch should never come into my hands, so continued the matter, that she was carried by the fort out of the river at Pascataqua in the day time ; although Major Stileman, one of the committee, was commander of the fort, had express orders from the governor to stop her; v.'hereupou the governor put' him out of all office, and made Captain Barefoote, one of the present council, captain of the fort, and of the foot company, belonging to the great Island : upon which, the fort is built. Now the better to color this matter, it was presently given out, and by many believed, that the master and sailors aboard, without consent or knowledge of the owner, had run away with the ketch, as Jeffreys upon his oath voluntari- ly did avouch, taken before the governor. The party hoping by this means, to persuade the governor to take no further notice of it, the rather because the frigate was then gone out of the river. But I had certain advice that one of Jeffreys' servants was pri- vately sent out of the way, harbored in a very obscure place in the province of Maine ; upon which, Mr. Martin, by his letter, desired the ju'Jtices of the peace there, to send their constables with a warrant, to bring Jeffreys' servant before the governor to be examined, what they knew concerning [ ] away the Scotch ketch, they conferred and deposed that Mr. Jeffreys, the owner, employed them, and being upon the place, stood by, gave orders and directions, when and how the ketch should be carried away, so that the governor, by this means, finding it out to be a mere continuance, advised me to continue my prosecution on his majesty's behalf, against the ketch, and all persons concerned in her escape. The party now find no way to avoid the trial, how- ever, it is so ordered that the jury, on which were four leading men, church members, are prevailed upon, that against clear proof of the breach of the acts of trade, they find against his majesty's intended to admit them upon the statute made in the 23 of Henry APPENDIX. 4(3o VIII , for preventing perjuries and false verdicts, uhich so startled them all, that some of the council intercede on their behalf, and prayed iiberty to amend their verdicts, which beinp; by the ctnirt agreed to, they found for his majesty, and the ketch was condem- ned. January the 9th. — The assembly being adjourned to that day, meet; the governor recommended to them several good bills, that had passed the council, but instead of their concurrence, they either rejected or put them into such a disguise, as rendered them altogether useless, and afterwards would uot take notice of any bills, which did not arise from themselves. 1 hey likewise pe- remptorily insisted to have the nomination of judges and the ap- pointing courts of judicature, powers solely invested in the gov- ernor by commission from his majesty ; and lastly, they had pre- pared bills repugnant to the laws of England ; upon which the governor, finding them to act without any regard to his majesty's service, or beneiit of tlie province, after he had passed some bills, not knowing where these matters would end, dissolved the as- sembly. In a short time after, one Edward Gove, who served for the town of Hampton, a leading man, and a great stickler in the late proceedings of the assembly, made it his business to stir the people up to rebellion, by giving out that the governor, as vice ad- miral, acted by his royai highness' commission, who was a papist, and would bring popery in amongst them, that the governor was a pretended governor and his commission was signed in Scotland. He endeavored with a great deal of pains, to make a party, and solicited many of the considerable persons in each town to join with him, to recover their liberties, infringed by his majesty's pla- cing a governor over them, further adding that his sword was drawn, and he W'Ould not lay it down till he knew who should hold the government. This he discoursed at Portsmouth, to Mr. Martyn, treasurer, and soon after to Capt. Hull, at Dover, which they discovered to the governor, who immediately despatched *way messengers v/ith warrants to the constables of Hampton and Exe- ter, to apprehend Gove — and fearing he might get a party too strong for the civil power, (as indeed it proved, for Justice VVeare and a marshal vcere repulsed) the governor (although much dis- suaded) forthwith ordered the militia of the whole province to be in arms, and understanding by the marshal that Gove could not be apprehended at Hampton, by himself, and a constable, but was gone to his party at Exeter, from whence he suddenly returned with 12 men, belonging to that town, mounted and armed with swords, pistols and guns, a trumpet sounding, and Gove with his sword drawn, riding in Hampton at the head of them was taking horse, and with apart of the troop intended to take Gove and his company, but the governor was prevented by a messenger from Hampton, who brought word that they were met withal and ta- ken by the m.ilitia of that town, and secured with a guard ; the trumpeter forcing his way, escaped, after whom a hue and cry was sent to all parts, but as yet he is not taken. This rising was un- expectedly to the party made up on the 21st day of January last. It is generally believed, many considerable persons, at whose 61 460 APPENDIX. houses Gove theu either sent or called, to come out and staud up for their liberties, would have joined with him, had he not discov- ered his designs, or appeared in arms at that time. For upon the 30th day of January, being appointed by the governor a day of public humiliation, they designed to cut olf the governor, M;-. Ma- son, and some others whom they aflected not. The governor sent a strong party of horse to guard the prisoner, then iu irons, from Hampton to Portsmouth. They were brought and examined be- fore the governor and council, where Gove behaved himself very insolently ; they were all committed to custody, and Capt. Bare- foote, having the trained band of Great Island then in arms, was ordered to take care of the prisoners and keep a strict watch upon them, in regard the prison was out of repair. All this while the governor was at great charge and expense in suppressing this re- bellion, and keeping up guards, to secure the peace of the province. We therefore, judged it necessary to bring them to a speedy trial, and to tliat end directs a commission of oyer and terminer to Richard Vv^ildron, Thomas Daniel and William Vaughan, Esq'rs, for their trial, to be had upon the first day of February next, at W'hich time Gove and the other prisoners were brought to the court, then holden at Portsmouth, in the said province, the grand jury found the bill, the next day they were all arraigned and in- dicted upon the 13th of the king, for levying war against his maj- esty. Gove pleaded to the indictment, not guilty ; then Mr. Mar- tyn, treasurer of the province, and Capt. Hull, both of Portsmouth, with two justices of the peace and a lieutenant of the foot compa- ny at Hampton, who was at the taking of them, were all sworn in court ; then Gove owned the matter of fact, and to justify his ta- king up of arms, pleaded against the governor's power, that he was only a pretended governor, by reason his commission, as he said, was sealed iu Scotland, likewise that the governor had by his pfoclamation, appointed the 30lh January to be annually ob- served and kept a day of humiliation, and obliged the ministers to preach that day ; that the governor had at his house discoursed to Gove and shewed him out of the 10 chapter of St. Mark, the ne- cessity of children's baptism ; this he urged to be a great imposing upon the ministry. The other prisoners pleaded not guilty ; but had little to say in defence for themselves, further than they were drawn in by Gove. The jury, after long consideration, found Gove guilty of high treason upon the indictment, and all the rest in arms ; upon which the court proceeded to give judgment, and passed the sentence of condemnation upon Gove, but in regard the other prisoners were specially found, the governor ordered the court to respite their judgment till his majesty's pleasure should be known therein ; most of them being young men and altogether unaccpiainted with the laws of England. Herewith I humbly pre- sent your lordships a particular account of their trial, signed by Richard VValdron, Esq. judge o^that court and passed under the seal ot the province. (The foregoiniT, copied from the Massachusetts colony files, was commu- nicated to the editor by Mr. Joshua Cofiin, S. H. S. Mass.) APPENDIX. 467 No. 34. Copy of a letter from Edward Gove, of Hampton, to the Court of Sessions, January, 1683. [This letter may be found in a Note, pages 09 and 100, of this volume.] No. 35. Copy of CranfieUVs order for the administration of the sa- craments, accmdinrj to the mode of the church of England. At a council, held at Great Island, December 10, 1683. By the governor and council. New-Hampshire, — It is hereby required and commanded, that all and singular, the respective ministers within this province, for the time being, do, from and after the first day of January next, ensuing, admit all persons that are of suitable years, and not vicious and scandalous in their lives, unto the blessed sacrament of the Lord's supper, and their children unto baptism. And if any persons shall desire to receive the sacrament of the Lord's supper, or their children to be baptized according to the liturgy of the church of England, that it be done accordin-gly, in pursuance of the laws of the realm of England, and his majesty's command to the Massachusetts gov- ernment. And if any minister shall refuse so to do, being thereunto duly required, he shall incur the penalty of the statutes, in that case made and provided, and the inhabitants are freed from paying any duties to the said minister. The aforesaid order was publislied, R. CHAMBERLAIN, Clerk Council. (This paper is in the council minutes,' second book.) No. 36. Copy of the information against Rev. Joshua Moodey, 1683. New-Hampshire, in New-England. To Waller Barefoote, Esq., judge of the court of pleas of the crovv'n, &c., now sitting at Great Island ; and to Nathaniel Fryer and Henry Green, Esquires, assistants. The information of Joseph Rayn, his majesty's attorney gen- eral for the said province of New-Hampshire, against .loshua Moodey, of Portsmouth, in the said province, clerk, in his said majesty's behalf. The said Joseph Rayn informeth, that the abovesaid Joshua Moodey, being the present minister of the town of Portsmouth, aforesaid, within the dominions of our sovereign lord, Charles the second, king of England, is by the duty of his place, and the laws and statutes of the realm of England, (viz., the statutes made in the fifth and sixth of king Edward the sixth, and the statute of the first year of the reign of the late queen Elizabeth, which is con- firmed by the statute made in the thirteenth and fourteenth year of the reign of our sovereign lord, king Charles the second,) re- quired and commanded to administer the sacrament of the Lord's supper, in such manner and form as is set forth in the book of 468 APPENDIX. common prayer and administration of the sacraments, and other rites and ceremonies of the cliurch of England, and shall use no other manner or form than is mentioned and set forth iu the said book. Nevertheless, the said Joshua Moodey, in contempt of the said laws and statutes, hath wilfully and obstinately refused to ad- mii'.ister the sacrament of the Lord's supper, according to the man- ner and form set forth in the said book of common prayer, unto the honorable Edward Cranfield, Esq., governor of his majesty's said province of New-Hampshire, Robert Mason, Esq., proprietor, and John Hinks, Esq., of the said province; and doth obstinately and wilfully use some other form than is by the said statutes or- dained, contrary to the form thereqf : Therefore, the said Joseph Rayu, in behalf of our sovereign lord, the king, doth pray, That the said Joshua Moodey, being thereof convicted according to law, may sutler such penalties, as by the said statute are made and provided in that case. No. 37. Copy of a second information against the same. New-Hampshire, in New-England. To the honorable Walter Barefoote, Esq., judge of the court of picas of the crown, and other civil pleas, held at Great Island, and now sitting, this 6th February, 1683-4, &c. The inlorraaiion of Joseph Rayn, his majesty's attorney gen- eral for the said province, in his majesty's behalf, against Joshua Moodey, of Portsmouth, clerk. Whereas, the said Joshua Moodey hath, in open court of the quarter sessions of the peace, held at Great Island, aforesaid, upon record, confessed and owned before the justices, that he hath ad- ministered the sacraments contrary to the rites and ceremonies of the church of England, and the form prescribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said offence before the justices at the said sessions ; Joseph Rayn, his majesty's attorney general for the said province, who prosecutes for our sovereign lord, the king, doth, (according to the ancient law^ of the statute made in the for- ty-second year of the reign of king Edward the 3d, now in force,) in his majesty's behalf, exhibit his information to this honorable court against the said Joshua Moodey, for that he having for many years had the appearance and repululion of a minister of God's word in the said province, being within the king's dominions, and" having wilfully and obstinately refused to administer the sacra- ments according to the rites of the church of England, hath ad- ministered the sacraments of baptism and the Lord's supper in oth- er manner and form than is appointed and commanded by the stat- ute of the first of queen Elizabeth and other statutes, contrary to the form thereof, and in contempt of his majesty's laws : and doth pray the court's judgment, and that the said Joshua Moodey may suiler the penalties by the said statute in this case made and pro- vided. APPENDIX. 460 No. 38. Warrant and Mittimus against the Same. New-Harapshire in New-England. To James Sherlock, gent., prov. nnarshal and sherilF of the said province, or his deputy. In his majesty's name, you are hereby required forthwith, to take and apprehend the body and person of Joshua Moodey, of Portsmouth, in the said province, clerk, and carry him to the pris- on of Great Island, in the said province ; and the prison-keeper, Richard Abbot, is hereby required to receive him, the said Joshua Moodey, and keep him in safe custody, in the said prison, he hav- ing been convicted of administering the sacraments contrary to the laics and statutes of England, and refusing to administer the sacraments according to the rites and ceremonies of the church of England, and the form enjoined in the said statutes. There to rerr:.ain for the space of six months next ensuing, without bail or mainprize. Fail not. Dat. the 6th of Feb. 1683-4. WALT. BAREFOOT, (Seal.) PETER COFFIN, (Seal.) HEN. GREEN, (Seal.) HEX. ROBY, (Seal.) Vera copia. Teste, Richard Chamberlais, Giro. P. (The thiee preceding papers, are in the Recorder's office.) No. 39. Copy of Cranfield^s order, for raising money without an assembly. New-Hampshire. At a council held at Great-Island, Feb. 14, 1683-4. By the Governor and Council. Whereas we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the council of this his majesty's province, that he had advice from the captain of the Fort at Casco of a sudden rising and onset intended by the Indians upon the En- glish at the eastward : And whereas the assembly have been lately tendered a bill for raising a revenue for the fortifying and defending ourselves against his majesty's enemies, did absolutely refuse and reject the same without giving any reason for so doing, or preparing any other for defraying the charge of the public ser- vice. We his majesty's governor and council finding the public treasury so empty and bare that there is not so much money as to pay a single messenger ; and those persons that are the support of the province have not estates to support themselves in the war (if any should happen) without due payment for their service, in con- sideration of the premises, by virtue of his majesty's royal com- mission bearing date the ninth of May, 1682, and also of his maj- esty's royal instructions to the governor bearing date the 29th of April, 1682, have, for the raising a revenue for fortifying and de- fraying the necessary charges of the government, that there may be a magazine of ammunition and provision, and of money to pay the 470 APPENDIX. indigent soldiers, as also for such emergencies as a war will neces- sarily produce, thought fit to continue, and do hereby continue all such taxes and impositions as have been formerly laid upon the inhabitants (excepting only the rate of the penny in the pound raised in time of usurpation without a general assembly) com- manding and requiring all and singular the constables and collec- tors forthwith to perform their duty in levying and collecting the same, and paying it into the treasurer. No. 40. Copy of a letter from the Council to Governor Dongan. Province of New-Hampshire, March 21, 1683-4. Sir, By several advices we have received of a sudden rising intend cd by the Indians in these eastern parts to fall upon the English we judged it absolutely necessary without delay to provide for tli safety and preservation of his majesty's subjects inhabiting th province, and to give relief (if need be) to our neighboring col- onies. Wc have therefore upon consideration of the best means for the securing of these provinces concluded it very necessary to entertain a number of southern Indians for soldiers, who are best acquainted with the manner of these Indians' skulking fight ; and this being atoork of piety and charity for preventing the effusion of christian blood : And knowing that your honor has an influence upon the southern Indians our honorable governor was willing to take the trouble upon himself of a journey to New-York to treat with your honor for sending of such a number of Mahiquas, or other Indians, as may be convenient to assist in this service, and to make such capitulations and agreement as to his honor shall seem reasonable. We doubt not your honor's readiness in any thing that may tend to his majesty's service and the safety of his subjects, having often heard a noble character of your honor from our governor, whom we have intreated to present our letter with our most humble service. We have committed all matters to his honor's prudence and management and what his honor shall judge fit to be done we shall see performed. So praying for your honor's health and prosperity, we subscribe ourselves, (being his majesty's council of New-Hampshire.) May it please your honor, your most humble servants, ROBT. MASON, WALTER BAREFOOT, R. CHAMBERLAIN, To the Hon. Col. Tho. Dongan, governor of his royal highness his colony of New-York, and the territories thereto belong- j ROBT. ELLIOT ing, humbly present. J JOHN HINKS. /The two preceding papers are in the Council's Minutes, second book.) APPENDIX. .171 No. 41. Address and Pelilion of the hhahitants of Exeter, Hamp- ton, Portsmouth and Dover, against Cnuijicld. To the King's Most Excellent Majesty. The humble address and petition of sundry of your majesty's loyaJ subjects the freeholdeis and inhabitants of your majesty's pro- vince of New-Hampshire in New-Eni^land, Most humbly sheweth, [From the '.own of Exeter. That your petitioners' predecessors having under the encourage- ment of your majesty's royal ancestors by their letters patents to the great council of Plymouth, removed themselves and some of us into this remote and howling wilderness in pursuance of the glo- rious ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among the heath- en : And in order thereunto either found the lands we now pos- sess vacuum doviicUluin, or purchased them of tlie heathen the na- tive proprietors of the same, or at least by their allowance, ap- probation or consent, have sat down in the peaceable possession of the same for the space of above fifty years ; hoping that as we had attended the ends, so we should have shared in the privileges of those royal letters patents above mentioned, and thereupon did the more patiently bear and cheerfully grapple with those in- numerable evils and difficulties that must necessarily accompany the settlers of new plantations, especially in such climates as tiiese besides the calamities of the late Indian war to the loss of many of our lives, and the great impoverishment of the survivors. We were also further encouraged from your majesty's princely care in taking us by your late commission under your majesty's immedi- ate government, and appointing some among ourselves to govern us according to those methods there prescribed, being particularly bound to discountenance vice and promote virtue and all good liv- ing, and to keep us in a due obedience to your majesty's authority and continuance of our just liberties and properties, together with liberty of conscience in matters of worship, and all in order to our living in all godliness and honesty, fearing God and honoring the king, which we profess to be our desire to do. But contrariwise partly by the unreasonable demands of our pre- tended proprietor, Robert Mason, Esq., and partly from sundry other reasons, that are either eflects or concomitants thereof, we are in a far worse condition than any other j'our majestv's planta- tions, and reduced to such confusions and extremities, that neces- sitate our humble application to your majesty, upon whose clemen- cy and justice only, under God, we depend for our relief. Your poor, distressed and oppressed petitioners, do therefore, most humbly supplicate your most gracious majesty, that you will vouchsafe to give leave unto one of ourselves, Mr. Nathaniel Weare, whom we have sent for that end, to spread before your sacred majesty, and your most honorable privy council, our de- plorable estate, the beholding of which we doubt not, will move compassion towards us, and your majesty's propensity to justice, will incline to the using such means as to your wisdom shall seem best, that the oppressed may be relieved, wronged ones righted, 472 APPENDIX. and we, your majesty's almost midojie subjects, now prostrate at vour feet, may upon the tasting of your equity and goodness, be raised, and further engaged, in all humility and thankfulness, as in duty bound evermore heartily to pray, &.c. [Tlie following names having been derived from copies, not originals, there occurred a number of mistakes in tiie former editions, wliich I have endeav- ored to correct.] Andrew Wiggin, Thomas Wiggin, senior, Thomas Wiggin, junior, Robert Smart, senior, John Young, John Foulsham, Edward Smith, Peter Fo\dsliam, Theophilus Durdly,! Richard Morgan, Samuel Leavitt, John Cotton, junior, John Oilman, senior, Edward Gilman, ^ Moses Leavitt, Jonathan Robinson, Thomas Rawlins, David Robinson, Kinsley Hall, Bily Dudley, J.'.mes Sinkler, Christian DolhoiT, Philip Charte, Jeremiah Low, Ralph Hall, Samuel Hall, John Sinkler, John Wadleigh, Samuel Foulsham,2 Eleazar Elkins, Ephraim Foulsham, Humphrey Wilson, Nathaniel Foulsham, Jonathan Thing. The like petition from the town of Hampton, iu said proviace, signed by, John Tucke, John Smith, Thomas Page, Nathaniel Bachiler,3 John Marston, James Philbrick, Jacob Bro.vne, Thomas Browne, Henry Lamper, Jonathan Wedgwood, Henry Moulton, John Moulton, Joseph Snjith, David Wedgwood, James Cheuse, James Perkins, Morris Hobbs, senior, Joseph Moulton, Benjamin Moulton, Thomas Leavitt, Thomas Dearborns, John Leavitt, Henry Dearborne, Aratus Leavitt, Christopher Hussey, Philip Tovvle, Josiah Sanbourne, William Sanbourne, senior, Ruth Johnson, widow, Richard Sanbourne, Thomas Walker, Isaac Godfrey, Humphrey Perkins, David Lamprey, Benjamin Lauyre,4 William Fuller, John Sanbourne, Hesron Leavitt, Samuel Sherborne, Francis Page, Peter Weare, Benjamin Browne, Thomas Philbrick, Timothy Blake, [ (1) Probably Tlieophilus Dudley, son of Rev. Samuel Dudley. (2) This name is now written Folsom. (3) Son of Rev. Stephen Bachiler, and died 2 Januwy, 1710, aged 80. (4) Perhaps Benjamin Lavers.] APPKNDIX. 473 Jacob Perkins, Jonathan Philbrick, Ebenezer Perkins, Caleb Perkins, Joseph Perkins, Joseph Dow, John Clifford, senior, Samuel Philbrick, Joseph Shaw, John Clifford, Benjamin Shaw, Samuel Cogg, The like petition from George Hunt, Peter Ball, John Sherburne, senior, Samuel Wentvvorth, Splan Lovell, Richard Webber, Richard Waterhouse, William Davell, John Cotton, Colomart Mashawes,! John Barsham, John Shipway, John Johnson, John Sherburne, junior, Thomas Pickering, Thomas Wacombe, Obadiah Mors, Nicholas Morrell, Samuel Keais, John Dennett, John Tooke, Edward Melcher, George Lavers, Jacob Lavers, John Brackett, Matthius Haines, Samuel Haines, Samuel Haines, junior, William Fifield, senior, Walter Neal, Timothy Hilliard, Anthony Stanyan, John Stanyan, Joseph Saubourne, Isaac Perkins, Moses Swett, Joseph Swett, Joseph Cass, Duel Clemens, Samuel Cass, John Sanbourue, senior. Portsmouth, in said province, signed by, John Light, William Pitman, James Jones, William Cotton, James Levitt, Jethro Furber, Edward Ball, Thomas Cotton, Daniel Duggen, Francis Jones, John Pattridge, Robert Purinton, Nehemiah Partridge,^ Jotham Lewis, Anthony Brackett, Leonard Weeks, Nathaniel Drake, John Hunking, Richard Jose, Jane Jose, John Fletcher, Richard Martyn, Ph. Suret, Richard Waldron, Ben. Hull,3 John Cutt, William Vaughan, George Jaffrey, John Pickering, John Bruster. [(1) Probably Matthews. (2) Yartridge in the former editions. (3) This name appears to be Reuben in contemporary records] 62 474 APPENDIX. The like petition from th Job Clements, Thomas Roberts, Edward Allen, William Fmber, senior, Henry Senter, Rifhard Howes, Anthony Nutter, John Dam, I William Furber, junior, Joliu Dam, junior, John Nutter, Thomas Row, Edward Row, John Meadow,2 Philip Chesley, Joseph Stevenson, Thomas Chesley, Joseph Kinnt'der,3 Stephen Jones, Edward Small, Nathaniel [Lomax ?]4 James Huckins, Gathaiias Jerlld, Ezekiei Wentworth, Paul Wentworth, Gerard Gyner, Jenkins Jones, Joseph Canne, Richard Waldron, (From a copy in the hands of (1830) in the hands of J. B. Moor e town of Dover, signed by, John Winget, John Gerrish, William Wentworth, John Heard, John Roberts, John Hall, junior, Robert Burnham, Samuel Burnham, Jeremiah Burnham, Samnel Hill, Ralph Wormley, William Horn, Peter Mason, John Woodman, senior, John Woodman, junior, Jonathan Woodman, John Davis, senior, John Davis, junior, J' seph Fields, John Bickford, Thomas Bickford, Thomas Edgerly, John Hill, Charles Adams, Samuel Adams, ^ William Parkinson, Joseph Hill, Nathaniel Hill, John Roberts. the Honorable President Weare, and now e, Esq.) No. 42. The deposifio'7 of Peter CoJJin relating to CranfichPs can-* duct toxvards William Vaughan. The deposition of Peter Coffin, Esq., one of his majesty's justices of the peace for New-Hampshire, b^^iiig sworn, saith, That sometime in the beginning of February, A. D. 1C83-4, I the deponent, was present at the house of Mr. John Hincks, in company with the Hon. Edward Cranfield, Esq. governor of this provinc'?, where I heard the said governor send for Mr. William Vaughan, and when the said Vau^ban came, the governor inquir- ed of him what affidavits tho) his house and mill burnt, himself not be- in? slain but dismissed; the Lord give him repentence, though nouigni* of it have yet appeared.' APPENDIX. 479 17th. Another sad Sabbath. 18th. Came JNIefisis. Mason, Barefoot and secretary, with Thur- ton who swore against me a false oath, of which I have enclosed a copy. Thurton ssid he was sent for on purpose to give in his testimony against me ; — they went away, and soon after came the encbsen mittimus directed to Mr. Raines, who is sheritV and mar- shal ii\ Mr. Sherlock's room, that have been out of favor of late, though now it is said in favor, but not in place again. Mr. Est- wicke is also put out of all office. Note, that when I went to him for taking oaths, he said all oaths should be taken before the governor and council, hut now could send to justices to do it. We had for some nights our key taken away from the chamber door about 8 or 9 at night, but have since left ofi^ that trade. Sewall of Exeter is dead.* Several overtures were made this week to John Partridge and William Gotten by Raines to come out of prison he giving them 3 months time to provide money or any other current pay, though they tendered fish, plank, &c. before they were put in, they refused to accept. 24th. This sabbath our wives, children and servants came down and spent the day with us in our chamber, and we yet hear nothing said against it. 25th. The marshal goes and levies upon John the Grcek'sf sheep and cattle for the execution, for which he had lain about three weeks in prison, and then came and ordered him to go about his business, 15 sheep, sundry lambs, and two heifers seized for six pounds odd money. This day also Mr. Jaffery having had sundry warnings the week before to clear liis house because Mr. Mason would come and take possession of it, went nevertheless to the Bank upon business ; meanwhile came Mr. Mason with the mar- shal and turned all his servants out of doors, set another lock on the door, and at night when his servants came home wet ; they would not suffer them to come in, but there lodged Mathews and Thurton all night. Mr. Mason said, while about this work, that he was sorry VVeare had no more of this news to carry home with him. The governor having sent to Mr. Cotton,;|; that when he had Erepared his soul, he would come and demand the sacrament of ira, as he had done at Portsmouth, already. Mr. Cotton, the latter end of the week before last, went to Boston, and has been out two Lord's days, already ; all is well with yours there, so far as I can learn, I cannot go to see, else, might have given them a visit. One word more about my business. I am under imprisonment, about Thiirton's business, being seized by the marshal, and com- mitted, when in prison before, for not giving bond for the good behaviour, thous,h nothing charged upon me, any more than before, which you well know. I know nothing, but tliey intend to keep me here endlessly. It is said, I must pay one hundred pounds, for * [Probably Edward Sewall, who died in 1G84.] t [Tbia person is called in the Records of the Court of Quarter Sessions, John Greek, alias Amazeen.] t [Rev. Seaborn Cotton, of Hampton.] 480 APPENDIX. striking one of the king's officers, and must have ray name re- turned into the exchequer, and must lie in prison, till the money be paid, and I am discharged from the exchequer. The design you may easily see, is to niin me, and how vain my pleas will be, you may easily guess. Though I have many things to say, viz. that Thurton was either no officer, or at least, not known to be so, however not sworn, nor did I strike him in the high-way, as he swears, nor is tliere any proof, but his own single testimony, which how far it avails in such a case, would be considered ; it is also worthy of inquiry, whether ever that law was intended for us, here being no customs to be gathered, no exchequer to be applied to, and therefore, how these methods can be observed, is not in- telligible. You may easily imagine how things will be if I am forced to comply with their humors. Pray consult, consider, and see if something may not be done to put a stop to such arbitrary proceedings, a trial on the place, by indifferent, unconcerned judges and jurors, if, at least, there can any such be found, who will not be forced into what some will have done, but I shall not need to instruct you. There you have better, counsel, then 1 can give you, and of your fidelity to inquire and remit by the first, what is needful on this account I doubt not. I have given you but a taste, we that see it, know more than can possibly be understood by those, that only hear, in a word such is the height of their heat and rage, that there is no living for us long in this condition. But we hope God will be seen in the Mount. I should have inserted what fell out after the dissolving of the rebelious assembly, there was discourse of constables, and instead of the freemen choosing as formerly, they took a short and cheaper course, and at the Quarter Sessiou, constables where chosen, and to begin with Mr. Speaker,* he has the Honor to be constable for Portsmouth, Capt. Gerrish, Lt. Anthony Nutter and John Wood- man, for Dover, John Smitht the cooper, for Hampton, John Foul- som, at Exeter. Whether Mr. Speaker shall sew or fine, is not yet determined. And now I am speaking of the General Assem- bly, must hint what w^as formerly forgotten, viz. that they con- vened on the Monday, and the choice of the speaker (their old one) in words highly approved, and he complimented alamode. Then a bill was sent them down, (of which if I can get it, being now in prison, shall inclose a copy) which they talked a little of, and then brake up for the night and went up to the Bank to lodge, (the tide serving very well to go and come) the report of which highly disgusted, and the next morning the answer to the bill ve- hemently urged, which was in fine a negative. Hereupon, in a great rage, telling them they had been up to consult with Moodey, an utter enemy to chiirch and common wealth, with much of like nature, he dissolved them, which was done on the Tuesday, after * [Richard Waldron, who, it appears from the Records of the Court of Quarter Sessions, was appointed constable for Portsmouth, 5 February, 1683 -4, but refused to serve.] t [John Smith, of Hampton. Records of C. Q. Sessions.] APPENDIX. 481 which hft came up to the Bank and gave order for a satramont on the next Lord's day, as you have heard, and since the assembly men pricked for constables. By the premises, you will see how (he governor is making good his word. He came for moneys and money he will get^ and if he get it, you know who must lose it, and how miserable must our condition quickly be, if there be no remedy quickly provided. He contrives and cuts out work, and fiudsevil instruments to make it up, and these some among ourselves. Thus we are cloven by our own limbs. 28th. Since Mr. Jaffrey was dispossessed, Raines offered him for five shillings per annum quit-rent to Mr. Mason, he should have his house again, provided he would own him proprietor, but he refusing, it is said he shall never have it again. The talk is, that his house must be court-house and prison both, and standing so near the governor, it is judged suitable for both those ends, that he may have the shorter journey to court, and the prisoners may be always under his eye. 29th. John the Greek haxang lain some weeks in prison upon execution, his goods having been levied upon, (as above) was by Raines locked out of the prison, and bidden to be gone, but he would not, keeps his quarters still with the other two. This day his goods were sold by the marshal, and bought by Thurton. Mr. Cotton* is come home from Boston. Great offence taken here at a sermon he preached in Boston, on Acts xii. v. though pleasing to the hearers. March 2d. This day Mr. Jaffrey's goods n-ere all turned out of doors by the sheriff, &c. his man received and disposed of them. Against Jaffrey there are two oaths taken, single oaths, but being for the king, will pass, and orders are given for warrants to ap- prehend him, he appears not. March 5. It is said that they are going this day to Major Wal- dron's, to serve him as they have done Mr. Jaffrey, and it is given out that the rest will be treated in like manner ; the court was ad- journed yesterday to the next month, probably that they might levy the executions that are in bank before they cut out any more work. Justice Green seems something troubled for sending the minister to prison, and saith he will never do such a thing again, but Peter Coffin saith it is a nine days' wonder, and will soon be forgotten, but others think otherwise. If they go on thus, we are utterly ruined, must go away or starve, if at least we be not so confined that we cannot go away neither. I question Vi^hether any age can parallel such actions. In my last I sent you a letter to Sir Josiuh Child, my master, of which also you have another copy herewith. My design is, that you carry the letter yourself, wait on him while he reads it, and if he will please to hear you, (as I hope he may) that you amplify matters, inform him what further intelligence you have, and attend Lis direction, if God move his heart to do ought for us. This day, * [Rev. Seaborn Cotton, of Hampton. See page 107 .J 63 482 APPENDIX. the governor sent us word by the marshal that we must remove to Mr. Jaffrey's house to-morrow, which house is made the prison. — We hope the news of the rising of the Indians will fall to nothing. Ditto 5th. Thus far was sent you by way of Barbadoes. It follows. The governor did say to a Salem man, that Moodey might go out of the prison, if he would go out of the province, but we hear no more since. Jamps Robinson under great wrath and in much danger only for speaking something to Thurton (of his being a pitiful fellow, &c.) while said Thurton was active in turning out Mr. Jaffrey's goods. 6th. Matthews and Thurton hunted for Mr, Jaff^rey, searched in Mrs. Cult's house, Avent into every room above and below stairs, searched under her bed where she lay sick in it, but found him not. They carried it very rudely and basely in their work. Mat- thews said he would catch him, or have his heart's blood, but he was not there. Mr. Jaftrey's goods were carried to the other side by night. It is said that our imprisonment has much [alarmed] the whole country, and made them more fond of their liberties. This night, Matthews was beaten at Mercer's,* (some fuddling about it, it is like) but it is made a mighty thing on, said to be a deep plot, deeper than Gove's, managed by strong heads, and abundance of that nature, and because the persons concerned were under the influence of Vaughan and Moodey, they should suffer for it, for not teaching them better. Though we know no more of it than you, nor is there ought in it worth notice, but thus we are treat- ed. The governor went up to the Bank and made great inquiries about it. Capt, Pickering and others that were in the fray, are bound over, Tth. They had six pounds, five shillings, of Obadiah Morse, by way of execution. Raines was discarded, being put out of being sheriff, &c. though he had his commission under the seal but the other day. Matthews is made provost marshal (at least) in his room, and Thurton, marshal's deputy. Good birds for such offi- ces. Lord have mercy upon us. They had also eighteen shill- ings from Samuel Case,| the rest is deferred, and he has put away his goods and intends to remove or go to prison, and so we must all. 11th. The Indian news occasioned an order to the trustees to get ammunition, they came down and pleaded their time was up ; it was said, you shall keep in during my pleasure. They said they had no money of the towns in their hands, nor could any be rais- ed without a general assembly. Then lay out your o;vn money, or else wo to you ; and this they are fain to comply with. He said and swore that if Mason would not acknowledge a judgment next court, of six hundred pounds, he would take all his business from him, and sue in his own name. He swore he would turn out that rogue Ellet, who is as bad as any other. Mr. Waldron being sent for by warrant to come before the jus- * [Francis Mercer, who was an alehouse keeper.] t [Probably Cass.] APPENDIX. 483 tlces to take the constable's oath, appeared before Mr. Mason and Capt. Bareloote, but excusing it, and giving good reason, was dis- missed upon paying live pounds ; but poor Capt. Barefoote was most fearfully rated at for his labor, many oaths sworn that Wal- dron should either take the oath or either take up with a goal. — The next day, (though the justices, whose business it is, had fair- ly dismissed him) he was convented again, the oath tendered, he threatened with a prison immediately, but told them he knew the law better than so, then they took his own bond to answer it at quarter sessions, and so far of that matter as yet. Another consta- ble is ch6sen, viz. Capt. Pickering, though he has as yet waived the oath, having lately served in tliat place, and pleading his be- ing boond to good behaviour for that last fray. He talks much of frigates to scare the poor people. 14th. Council sat, and could not agree about raising money, which highly provoked somebody. They said the general as- sembly only could raise money. The governor told Mr. Jaflrey's negro he might go from his master ; he would clear him under hand and seal ; so the fellow no more attends his master's concerns. 15th. This day the secretary was in a great rage turned out of all his offices, except secretary to the council, (an empty name, little profit) and the books sent for out of his hands. He is much concerned and dejected. I am credibly informed, and you may believe it, that the gov- ernor did in the open council yesterday, say and swear dreadfully, that he would put the province into the greatest confusion and distraction he could possibly, and then go away and leave them so, and then the devil take them all. He also then said, that Mr. Qla- son said he would drive them into a second rebellion, but himself would do it before; and I wonder he has not; such actings are the ready way, but God hath kept us hitherto, and I hope he will do so still. He also said and swore that any person that should have any manner of converse with us, or any of our mind, he would count them his utter enemies and carry toward them as such. 17th. The governor having formerly prohibited the prisoners from making shingles, went himself this day to the prison, and prohibited John Partridge from making shoes ; bade the marshal throw them into the sea. This day Raines being not willing to give up a warrant that he had executed, during the short time of being sheriff, was sent for by the governor, and not appearing, the governor came to his chamber, and did beat him dreadfully, and bade the marshal carry the rogue to jail. He remains out of favor still. The governor also went over to Capt. Hooke's, and got him to give warrants to the constables on the other side, to search all houses for Mr. Jaf- frey, and bring him over, but they found him not, nor is he yet found, though proclamation was made at Wells court, for his sei- zure, though not yet done. March 18. This morning came Matthews to our chamber, and 484 APPENDIX. said the governor sent him to carry me to the prison, where I am, where I still lit- ; buing put in only for Thiirlon's action, and kept in, though I oilered securny to respond it. I think they have let fall the other about the good behaviour, seeing they can make ualhiug of it, and before my coming in, John the Greek's bed, &c. was turned out of prison, and he forced away, who would not de- pa it before. 21st. Mr. Martyn came to discourse about the money he was cast for, which they have not yet levied upon him, but intend to lay it upon all tlie old council equally, that each may bear bia share. At same time, the governor told Mr. Martyn that he would send his execution. Said Mr. Martyn, you know it is not my due to pay the money. No matter, (said he) / want monej^ and will have it. But / have none^ said he ; then [ will take your house. — He added also, to Mr. Martyn, that he was a church member, and he would v.atch him and all such, and be sure to pay them off if he could catch them. 22d. The sorest storm and the.highest tide that ever was known. Many thousands of pounds damage in Boston, and much here. — The bridge to the Great Island broken olf in the middle, to the great joy of many. 24th. The governor went to Boston in Fox's sloop, intending thence to New- York, pretending to discourse Colonel Dungan, and bring down two hundred Mohawks to kill the eastward Indians. What is at the bottom, or will be the issue, God knows. He had a cold treat at Boston, staid not a night in town. Since his go- ing, we have had little news worthy of your notice, but all things have been very quiet hitherto. I have not enlarged upon these particulars to my master Child, but if he will take any notice of the thing and be concerned about it, he will then give you opportunity of discoursing him, and you may inform v»'hat is further needful. 31st. This month passed out and the other came in, without any noise, unless the great joy that was at the Bauk, by Mr. Moo- dey's going up thither, and my going once or twice after, with our keepers, by Mr. Mason's permission, who presides in the gov- ernor's absence , but we soon returned to the place from whence we came. April 8. Nathaniel Fox, who married Mrs. Stileman's daugh- ter, sent Matthews to arrest Capt. Stileman for his wife's portion, (though it w.'i. often tendered feim in such pay as the court order- ed it, but he would have it in money.) Capt. Stileman gave his own house and all that was in it, for security to answer the action, but Matthews bringing Thurton with him at his instigation, who was terribly insolent, they arrtsted the womaUy Mrs. IStileman, and carried her to prison loith much violence and coarse usage^ though her husband had give.i security. She was carried in the evening. Capt. Stileman wrote to Mr. Mason ; he protested against it, and wrote to the marshal, it would not do. He went again, and Mr. Masou wrote again, but to no purpose ; they kept her there till the next morning ; a thing not to be paralleled in the English oatiua ! — APPENDIX. 485 Complaint hath been made, but no remedy. Abbot being up at the Bank witU me, Thurtou took the key of the prison, and when Abbot came, would not permit him to go in, but turned him away. Brave doings ! No tongue can tell the horrible impcriousness and domineering carriage of that wretch. The next morning, Mr. Mason (much ado) got Mrs. Stilemau out, and the jailor into his place again. Mr. Mason gave leave for any minister to come and preach at the Bank, so that we got Mr. Phillips* for two Lord's days, viz. 13 and 20th, having been nine Lord's days without a sermon. April 14th. Came H. Greene to Mr. Moodey's chamber, and made a confession of his fault, and begged his pardon for putting him in prison, and said he would get him out quarter sessions, &c. Good words, but . Capt. Barefoote went to the prison, and told John Partridge that if he would give an order to allow so much as his charges came to, out of what the provinces owed him about Gove, for the soldiers, &c. he should come out of prison, and they would pay him the remainder, the whole being about thirty pounds, but he was not forward lest he should in so doing quit them of false imprisoning him ; but if they would do it them- selves, stop so they might. Nothing is done in it. 15th. Matthews and Thurton were sent to Hampton to levy executions and serve attachments, and warn jurymen for the court in jMay. They arrested seven, among which Captain Sherburne one, warned the old jurymen, executed upon William Sanborn, took four oxen which were redeemed by money, drove away seven cows from Nathaniel Bachiler, went to your house, met your son Peter going with his four oxen into the woods, commanded hira to turn the oxen home, he would not ; they cursed, swore, drew upon him, threatened to run him through, beat him, but he did not strike again. They carae to your house, were shut out, your wife fearfully scared for fear of her son who was out with them. At length she let them in, laid three pounds on the table, which they took, and then levied on several young c>ittle, but released and left them. Your son came hither to advise, but complaining is bootless, such a dismal case are we in. They took away two beds from old Perkins, but his son ofi'ered his person, and they took it, and quitted the other ; what more they did there we as yet hear not. Capt. Gerrish, John Woodman, Lieut. Nutter and Nathaniel Bachiler are sworn constables. 17th. I went to Mr. Mason at Capt. Barefoote's house and had several witnesses with me, and desired hira to take depositions that I might send them home, about my case and the rest of the cases, but he refused. The governor had put me in prison when I asked him, and now in his absence, the deputy governor denies to grant them. I hope this will be matter of just complaint, that we should be hindered from applying to his majesty for relief under * [Rev. Samuel PJiillipfl, of iiowley.j 486 APPENDIX. our oppressions. You will have evidence of his denial sent home, sworn before some of the Bay magistrates. We can do no more unless the Bay should assist us, which they are loath to do, and we are loiith to put them upon, as matters are circumstanced with Ihem ; but we think it should be taken very heuiously by all that love justice and willing to administer it, that his majesty's subjects should be thus treated. Surely they are afraid or ashamed of their actions, (and they may be both) else they would not be so shy of having them known. This is what oifers here ; what more needful, cousin Waldron will advise from Boston. With due respects remain. Your assured friend and servant. For Mr. Nathaniel Weare, in London. A discourse with the governor about mij imprisonment j May, 1684. [Subjoined to the foregoinir letter.] At a sessions held the 6th May, 1684, I was denied counsel, and to have witnesses sworn. Mr. Waldron, Captain Stileman and Captain Frost were presented. 10th. The governor was with me in prison. Mr. Chamberlain, Mr. Hinkes and Mr. Sherlock with him. The governor proffered me, (that whereas, 1 was fined by the justices in Thurtou's case, that I might think they had not done me right,) that if I would prosecute it (giving security so to do,) in the king's bench, at Westminster, the exchequer, or before king and council, I should ; though by his commission he could not do it. My answer was, unless I could have security given me, that in case I should recover, I might have my charge and damage made me good ; it would be of no benefit to me. He said there was no reason for that, because it was for the king ; though it was his, because Mr. Mason had resigned up to the king all fines and for- feitures, and the king had given it to him. But he said, if I would deposit a valuable sum he would do the like, and would give bond, and have it tried as abovesaid. My answer was, I thought the forty pounds was enough, and that I expected execution would come out at the time, and should endeavor by the time, to provide enough for it, but withal, told the governor it Avas at his liberty to jemit it, if he pleased, by virtue of his commission. Also, for my being in prison for not giving bond for my good be- liaviour, when the sessions came I was not brought to my trial for that, but remanded to prison again. At ditto, time the governor told me he had put me in prison on that account, and he would abide by it, till I would give two hun- dred pounds bo))d. My answer was, I had rather lay in prison, than give bond to tempt such a fellow as Thurton, (or such others) that had sworn against me already, and falsely, and judged it might be no scruple to him to do the like again. And withal, told him, that if his honor pleased to let me out of prison, I would engage myself, by bond, to live out of the province, though that would be very detrimental to ray concerns, and by that, I hoped he would APPENDIX. 487 have no thoughts of ray misbehaving myself, that would be detri- mental to the king's government here, or himself. Not that I scrupled giving bond for my good behaviour, though not accused for any thing, but for laying a temptation to some base minded person or persons to forswear themselves, as one had done before, in another case relating to me. May 12. Was informed, that whereas, Thurton had a commis- sion to be prison keeper, (and withal, had vapored, and said the prison was too good for Vaughan, and the room that he had fitted up, did intend to keep it himself, and that Vaughan should take his quarters v/here he would assign it, and that the prisoners should not be waited on as Abbot had done, for he would keep them locked up, only come morning and evening,) lost his pocket book, wherein was his commission and sundry papers of concernment. (The original of this letter and journal is in the hands of the Honorable President Weaie.) No. 45. Copy of a letter from the governor and council to the lords of trade. Province of New-Hampshire, May 23, 1684. May it please your lordships, — Since Robert Wadleigh is returned from England, having lately had an appeal dismissed by the council-board, by taking advantage of Mr. Randolph's absence, who was attorney for the parties, he hath put the people of this province into such a ferment and disor- der, that it is not possible to put his mfijesty's commands in execu- tion, or any ways govern them. And, though notwithstanding, in obedience to your lordships' commands, we liave called an assem- bly, (a copy of the proclamation for that purpose being herein in- closed,) we cannot think it prudent or safe to let them sit ; they being of the same ill humor, or worse, as when Gove went into arms, his design being hatched at the time the assembly sat. And it looks more like a design, they having those four constables into the assembly, that the king's peace may not be preserved, (the whole number of the assembly being eleven :) This Wadleigh being formerly an assembly man, and hath three sons condemned in Gove's rebellion, (and himself now chosen again ;) the oldest of them I have pardoned, one of them is dead, and the other I keep in prison till I receive your lordships' further order. All the other ofi'enders being pardoned. Major Waldron'sson is constant- ly of the assembly and speaker, (this being the third that hath been called.) I wish his majesty's clemency do not cause some great mischief to be done here. They have never given two PENCE* to the support of the government, and that very rate that was made in the time of presidents Cutt and Waldron, we have according to his majesty's royal commission continued ; but do not think it safe to publish it, unless we had strength to countenance *The first assembly voted two hundred pounds to tlie governor, but it isi not certain that he accepted it though he consented to the act. 488 APPENDIX. our proceedings. This we conceived it our duty to inform your lordships, and are, May it please your lordships, Your most humble and most ohedient servants, The appellants claim by grant from ' Mr. Mason ; and as for Wadleigh, he hath been these sixteen days in the country, and though I have heard much of him, I have not yet seen him. EDVV. CRANFIELD, KOBT. MASON, WALT. BAREFOOT, R. CHAMBERLAIN, JOHN HINKS, JAMES SHERLOCK. To the right honorable, the lords of the committee > of trade and plantation, at Whitehall, 5 (From tlie Council Uecords.) No. 46. Copy of a letter from Cranfield to Sir Leoline Jenkms, of the same date. May it please your honor, — We humbly beg, after your honor hath perused this letter to the lords of the council, you would be pleased to lay it before their lordships, and desire their lordships to come to some speedy reso- lution ; for it is no longer in my power to promote the honor and interest of his majesty here, without a small frigate to second his majesty's broad seal and other his royal commands. As to the pi- rates, your honor may be assured, that myself and the council will punish them according to their demerits, if they shall at any time happen to come within this jurisdiction ; and carefully obey all other commands which shall be sent unto, May it please your honor, Your honor's most humble and most obedient servant, EDW. CRANFIELD. I most humbly beseech your honor by the first opportunity, to send the king's letter to give me liberty to go ofl' to Jamaica or Barbadoes for my health ; finding so great a weakness in my legs, which indisposition hath been contracted by the severity of the cold. To the Right Honorable Sir Leoline Jenkins, one of his majesty's principal secretaries of state at Whitehall. (Tlie two preceding papers are in tlie council minutes, second book.) No. 47. Copy of NathH Wearers first complaint against Cranfield. To the king's most excellent majesty, and the lords of his mosthon- orable privy council, — The humble representation of Nathaniel Weare, inhabitant and planter in your majesty's province of New-Hampshire, in New- England, in America, on behalf of himself and other your majes- ty's loyal subjects, inhabitants and planters there, whose names are subscribed to the four annexed petitions, as follows : — APPENDIX. 489 1. That the honorable Edward Cianfield, Esq., your n;ajesty's governor of the said province, upon his lirst entraiice on that gov- ernment, in order to the enlargement of his power as governor there, beyond the just bounds and limits your majesty v/as by your royal commission pleased to set him, and to engross the whole pow er of erecting courts, with all necessary fees, powers and au- thorities thereto, into his own hands, exclusive of the general as- sembly there. The said Mr. Cranfield, at the first general as- sembly there, when the words of his commission ran, 'And we ' do hereby give and grant unto you full power and authority to ' erect, or constitute and establish, such and so many couits oi ju- ' dicaluie and public justice within the said province and planta- ' tion, within your government, as you and they s^hnW think fit and ' necessary for the hearing and determining of all causes, as well ' criminal as civil, according to law and equity, and for awarding ' execution thereupon, with all reasonable and necessary powers, ' authorities, fees and privileges belonging unto them,' caused his commission to be entered in the council books there, and deliver- ed a copy thereof to the general assen\biy w ithout the words [and they,] athrming those words to have been put in by mistake of the clerk, in engrossing the commission ; whereby the said Mr. Cranfield has enhanced the fees upon trials there, to his own ad- vantage, as Avill appear in one of the articles following. 2. Although your majesty has been graciously pleased by your said commission to interpose betw een the inhabitants of the said colony and Mr. Robert Mason, ;3/e\ Is. Another but £l 10s. But now there is added to that 20s. by the said judge, £5 Is. 2d. in Mr. Mason's case. Note. The costs are signed by the judge and not by the gov- ernor. Note. The witnesses in Mason's cases were always some of tilt; jury. 1st Objection. That the assembly were of opinion, that the gov- ernor alone had the power of erecting courts of judicature. Answer. That in November, 1682, the assembly then dispu- ted this matter, and the orner produced has no date. Besides, Tipping signs the assembly's acts, and this is only signed by Chamberlain. 2d Objection. Mason swears that the governor gave copies of his commission, with the words [and they] inserted. Mr. Elliot swears the same. And that the council set the fees, which the governor afterw ard allowed. Answer. The couucil were at the governor's pleasure. 3d Objection. Walter Barefoote, the judge, swears that the late president and council took 20s. for every action, before it should be called, and there is now no more taken. And the plaintiffs or defendant's costs or charge, were, as now, taxed by the court, and are very reasonable. That Waldron, when judge, made Randolph pay £8 2s. 6d. costs, in a trial for the king, be- sides damages. Answer. 1. That the feet is otherwise, as will appear, costs being now altered, £3 to Mr. Mason, in every action, and 12 of them in a day tried. 2. That Randolph's costs were for a special court for that one trial. To the second. Note. That at first, Mr. Cranfield gave public notice that all persons might come in, and agree with Mr. Mason. But, John Winget, Thomas Rogers, and Elias Stileman, deponents, came in, and the governor would not intermeddle. Reuben Hull, deposes,— That Mr. Cranfield owned he had bought the province of Mason. William Vaughan and Richard Waldron,— That he shewed hi.s deeds from Mason, of purchase of that province, to the deponents. APPENDIX. 493 Nathaniel Foulsham proves possession given Mason of Capt. Gilman's lio\ise and hinds. Benjamin Moullon and William Fifield — The like of San- burn's house and lands, and the imprisoning of Sanburn. No more turned out of possession, but executions granted against several. To the third. The raising of the costs from 20s. to £6, is proved in the Qrst. Nathaniel Weare. — To prove that costs were, before, always taken in goods, and not in ready money, and that where goods to be had, the persons never taken. John Pickering and William Cotton. — That for Cotton's costs to Mason, plank or other goods would not be taken, but for want of money Cotton was imprisoned. Christopher Noble. — The same fully. H. Axwell, .John Partridge, William Cotton and Richard Nich- olas. — That Partridge's costs, goods tendered as before, but re- fused, and Partridge imprisoned ; that he was forbid to work in prison, and forced to live upon his friends' charity. John Geare and Walter Windsor. — The same to Thomas Pick- ering. John Smith. — The same to Christopher Hussey. IVTr. Weare knows him to be 86 years old. To the fourth. Jacob Perkins and Timothy Hilliard. — That seeing how others ■were dealt with, by Mr. Mason, by imprisonment for want of mon- ey to pay court charges, they were forced to yield to Mr. Mason's demands. To the fifth. 14 Nov. 1682. The general assembly ordered pieces of 8, rials and dollars, to pass at 6s. 8d. per ounce, troy weight. 4 Oct. 1683. Mr. Cranfield and his council reciting an act of January then last, but must intend that above, of November, order those pieces should go at 6s. apiece, without respect to the weight, so that some dollars not worth 3s. by weight, pass at 6s. William Saubnrn, swears, he lost 16s. in receiving £5, Spanish money, by reason of the order above. Jacob Browne. — That he lost a 6th part of £5, Spanish money, by reason as before. Objection. Mason swears, that he first proposed to the govern- or and council, putting a value on Spanish money, as it is, at Lon- don his majesty's mint. That the council agreed thereto, and the governor approved it. Walter Barefoote and Robert Elliot swear the same. Answer. 1. It is pretty bold swearing he first proposed it.— 2. His'proposing it, does not make it lawful for the governor and council to do it without the assembly. To the sixth. The mittimus for sending Mr. Vaughan to prison, until £500 bail to the peace. Oct. 22, 1683. No crime alleged, nor partic- ular breach of the peace. 494 APPENDIX. Upon this cnmmitniPTit, the jailor took Mr. Elliot and Mr. Dan- iel's bond for his appearance. The same day Mr. Vaughan was discharged from being of the council. The next day, the governor, by a new warrant, taking notice of the bond taken by the jailor, and that the taking such was an es- cape in the jailor, orders his commitment anew, until he give £500 security for the peace and good behaviour. 25 Oct. 1683. Mr. Vaughan and Mr. Daniel gave the govern- or a recognizance of ii 500, conditioned for Vaughan's being of good behaviour and keeping the peace, and should appear at the next quarter sessions, to anstver what should be objected against him. 6 Nov. 16S3. At the next quarter sessions, jMr. Vaughan ap- peared, but there being no prosecution he and his bail were dis- charged. Objection. 24 Oct. 16S4. Thurton swears, that in Septem- ber, 1683, he desired Mr. Cranfield to bind Mr. Vaughan to his good behaviour, for beating him, so as he durst not execute his office. Answer. That this was not thought of at the time of his com- mitment, for if it had, Mr. Cranfield must have bound him to good behaviour expressly to said Thurton, which he did not. February, 1683. One Joseph Dow, and other jurymen, pass- ing by the governor's house, were invited in, and friendly receiv- ed. But on asking the question, whether they might not, when they were sworn (as before they had done) hold up their hands, instead of kissing the book, the governor fell into a rage, and ask- ed them how they came there. To whom Dow replied, " at your honor's invitation." That Mr. Cranfield complaining of this matter to the next court, as a riot, Dow was forced to give £ 100 bond, for his appearance next sessions. When Dow appeared, nothing being alleged against him, he was discharged and his arms restored. But at a another session after, Dow was called again, on the same bond, and the penalty was estreated against him, and he forced to fly out of the province, with his wife and nine chil- dren, leaving his house and grounds, with the corn in the ground, to the governor. This, Mr. Vaughan and Mr. Weare can also prove. February 6, 1683-4. The governor again committed Mr. Vaughan, for want of security for his good behaviour. Upon which Mr. Vaughan lay in prison nine months. Peter Coffin swears, Februarj', 1683, That Vaughan demeaned himself civilly to the governor, and oflfered to give security to the peace, if the governor could give one instance wherein he had broken the law. But the governor, in great heat, charged him with having gone to Boston, with a mutinous petition to his maj- esty, and said he would make a good haul of it, and get £ 100 of every man that had signed that petition, and then ordered his com- mitment, as above. August 6, 1684. Mr. Vaughan petitioned the president Bare- APPENDIX. 495 foote, and the rest of the justices, at the then quarter sessions, that he might be brought, by habeas corpus, to answer to what ihouid be objected, and so be either acquitted or condemned. August 5, 1684. Mr. Cranfield writes to that court, and in- stances many ciimes, in general, against Mr. Vaughan, as promot- ing tumultuous petitions, &;c., and then requires their binding him over to the next sessions ; and then concludes, not doubting of their care, that he \vholly left the determination of it to them, urging, that, if he denied the matter, he had evidence to prove it. The same day, the court continued him in custody accordingly. September 16, 1684. Mr. Barefoote and the other justices, w'hen the governor was present, committed Vaughan to Hampton prison, until he gave good security for his good behaviour, and for his ap- pearance next sessions, to answer misdemeanors to be objected agaiijsthim, on his majesty's behalf. October 18, 16S4. After two quarter sessions past, and noth- ing objected against Mr. Vaughan, when his majesty's letter came over on Mr. Weare's complaint, Mr. Vaughan was released by the governor's warrant, but to return to prison in two mouths. September 12. 35 Car. 2. Mr. Joshua Moodey being to take a journey out of the province, was forced to give a recognizance of JS200 to return in three weeks, if alive and well. To the seventh. December 22, 1683. The governor and council order sale of goods, taken on execution, to be sold by outcry, in 14 days. That they impose taxes on the inhabitants, to £500, without the general assembly. That the justices empowered the marshals, by warrant, to levy the same, on the constables' refusing. That the justices fined the constables for not collecting the rates — and that the marshals levied these taxes. October 22, 1683. The governor and comp. order, no vessels or sloops should come from any other colonies, unless licensed by him, which is, in effect, setting up a license office, whereby the governor got as follows — 7 November, 1684. Daniel Gent, master of a sloop of Boston, swears, that he paid 2d per M., for 100,000 feet boards, landed at Broad Island, in governor Craufield's time, and never any thing before. 8 November, 16S4. John Usher proves the same, paid for the like, though Mr. Cranfield had, by letter, promised ihey should go free. 6 November, 1684. William Ardel proves the same, for the like. To the eighth. William Vaughan and John Pickering. — Prove that, in Februa-< ry, 1683, the secretary denied to swear their witnesses, or to at- tend the governor therein, or grant any summons for witnesses, to prove that the governor's secretary would not grant summons, to bring in witnesses, to be sworn, to make out Mr. Weare's com- plaint, nor swear any that came in without summons, unless hi^ 496 APPENDIX. secretary might have the modelling of their evidence as he pleas- ed ; though his majesty had commanded aliidavits should be taken iudiftereutly. 6 November, 1684. Tiionias Wiggin and Thomas GraflTort. — Prove the denial of swearing twenty-eight persons, in the matters in question. And Mr. Vaughan was committed the same day, as appears by commitment before, for desiring the same. 11 December, 1684. John Foulsham and Nathaniel Bachiler. — Swear that, in July last, the governor said he would line all the petitioners £> 100 each, and that it should be the best toll that ever came to his mill. 1 1 December, 1684. John Partridge and Nehemiah Partridge. — Swear that the secretary denied them copies of several records, the governor, in March, 1682-3, having ordered the contrary. Objection. James Sherlock, swears that, the 16th October, 1684, Mr. Crantiold oftered Major Waldron to call a council and swear his evidences, before Weare went to England. Walter Barefoote, the same, and that the governor offered him what copies of records he desired. Answer. This is true, in fact, the offer was made, but when it was desired, Vaughan was committed. (Found among Weare's MSS.) JJ^o. 61. A brief of CranfieWs commission, and of the evidence^ in support of the complaint, and against it. [Not inserted in the former editions ] New-Hampshiie, in New-England. 1. IX no. Maii, XXXIIIIto. Car. 2di. The king by letters patent, under the great seal of England, constitutes Edward Crau- field. Esquire, lieutenant-governor and commander in chief of all that part of New-Hampshire province, in New-Englaud, extend- ing from three miles norihwaid of all or any part of Merrimack river, unto the province of Maine. To execute all things belonging to his commission, as per in- structions therewith, or such further powers and instructions as, under his majesty's sign manual, shall be sent, and according to the reasonable laws in being there, and such other as shall be made and agreed on by him, with the advice and consent of the council &nd assembly there, as hereafter. 2. Robert Mason, Richard Waldron, Thomas Daniel, William Vaughan, Richard Martyn, John Giliuan, Elias Stileman, Job Clements, Walter Barefoote, and Richard Chamberlain, Esquires, to be of his majesty's council there, and to assist in the govern- ment. Cranfield to take an oath for due execution of his office and trust, to be administered by any live of the said council ; and he to give the oaths of allegiance and supremacy, and the test in the act for the prevention of dangers from popish recusants, and the oath for due execution of their places and trusts. APPENDIX. 497 3. Power of suspending members in just cause, five to be a quorum. To certify vacancies by death, departure or suspension, that new may be appointed under his majesty's sign manual. Power to Cranfield, out of the principal free householders, to fill up the council, when less than seven on the place, and not more, till they confirmed, or others made under the sign manual. Suspended or displaced members, not to be of the general assemlly. 4. Power to call assemblies of freeholders, with consent of the council, till further pleasure signified, which assemblies are to take the oaths of allegiance and supremacy, or be incapacitated. And the governor and assembly to make laws agreeable, as near as may be, to those of England, to be allowed or disallowed by liis majesty, under his sign manual. 5. Governor to have a negative voice in mnking laws, with power to dissolve and prorogue general assemblies at pleasure — to use the public seal. Power to give the oath of allegiance by himself, or others, to whom he pleases. Power to himself to erect what courts he thinks necessary for law and equity in matters both civil and criminal. To make judg- es, justices of the peace, sherifls, and other necessary officers, and to administer necessary oaths to them. Power to pardon criminals, (except in treason and wilful mur- der,) and to reprieve therein also, until his majesty's pleasure be known ; and to remit fines, &c. 6. Appeals to the king and his council, in all actions real and per- sonal, of above £50 value, and not under, the appellant giving good bail, to answer costs and charges, which shall be awarded by his majesty here, and execution not to be suspended by the appeal. In cases of life or limb (wilful murder excepted) the party con- vict to be either sent to England or his case ; and execution res- pited until orders therein returned by the king or his council. Power to levy men and transfer them from one plact to another in America. 7. To execute the office of captain general, and martial law in time of war. The governor, with consent of the council, to erect forts, platforms, castles, cities, boroughs, towns, and fortifications, necessary, and the same to fortify or dismantle. Invasion to be repelled by force of arms. To discourage vice and encourage virtue. Liberty of conscience to all protestants, and those of the church of England to be principally encouraged. 8. The present taxes to be continued until the general assembly fix others. Public money to be issued by the governor's warrant, with consent of the council, and to be used for support of the gov- ernment, and not otherwise. The governor to be vice-admiral of all the seas and coasts be- longing to his government, and to receive instructions therein from the D. of Y. lord high admiral there. G,5 498 APPENDIX. Power to appoint fairs, marts, and markets, with advice of the council. The like for ports, harbors, havens, &c. for shipping, &c. and custom houses and officers for the same, and those to alter and diplace, following the rules of the acts of trade and navigation. 9. All officers and inhabitants to be aiding to the governor in execution of the said powers. Power to appoint and displace a deputy governor ; who is to be of the council. The council to govern on the death of the governor, and in his absence when no deputy appointed. 10. Recites that tlie land in New-Hampshire wns held and im- proved by several, under title from the Massachusetts, since evicted. And Mr. Robert Mason's claim thereto ; for prevention of whose being unreasonable in his demands, his majesty had obliged him under hand and seal, to demand nothing for the time past, until the 24th June, 1679, nor molest any for the time to come, but make them titles forever, paying 6d. per £ . for the true yearly value of all houses built, and of all lands, whether gardens, orch- ards, herbal or pasture, improved by them, which shall be bound- ed to them, provided Mason have the residue to make the best of, 11. On non-agreement between the inhabitants and Mason, the governor to interpose, who, if he cannot end the differences be- tween them, is to transmit to England such cases, impartially sta- ted, vv'ilh his opinion and reasons on the same, that his majesty, his heirs and successors, with advice of the privy council, may hear and determine the same. The governor to hold his office and said powers, during his majesty's pleasure. The commission of 18 September, 1679, to be void, William Vaughan will depose, that at a court on Great-Island, 6 Nov. 1683, Walter Barefoote, deputy-governor, Nathaniel Fry- er and H. Greene, judges, Robert Mason, plaintiff, W. Vaughan, R. Waidron, N. VVeare, and Eleanor Cutt, widow, defendants, concerning title of lands, judgment was given for the plaintiff, from which defendants appealed, and their appeals were admitted. And the 16lh following, Mr. Mason promised to attend at Mr. Vauohan's house, to take the security, where the appellants and security attended, but no Mr. Mason nor secretary. But appel- lants and security went and found out the secretary, to whom they tendered security, who said he had no orders t(> take it, and re- fused taking it, whereby the seizin and appeal lost. That in order for the trials for Mr. Mason's land ; 1. There is a standing jury kept from month to month. 2. That by report, those jurymen have agreed with JMason for their lands. 3. That several pleas have been refused, and the defendants told p. judges, they would not make record for them by entering their pleas. 4. That the courts refused reading the stat. 27 Eliz. c. 6, «ect. 2. Coke's Inst. lib. 2, cap. 12, p. 1.56, and other statutes. APPENDIX. 493 17th Feb. 1682. The governor, Mr. Cranfield, by note affixt on the church doors, gave notice, that if the inhabitants of that province came not in within a month, to take leases from Mr. Mason, pursuant to his majesty's commission, he would certify the refusal to his majesty, that Mr. Mason might be discharged from his obligation to grant such. Signed, ED. CRANFIELD. 4th Jan. 1683. Joshua Moodey will depose, that Gov. Cran- field, about December, 1682, shewed the deponent writings, under the hand and seal of Robert Mason, conveying his right to New- Hampshire Province to Mr. Cranfield. 4th Jan. 1683. William Vaughan and Richard Waldron, jr. will depose the same. 4th Jan. 1683. Reuben Hull will depose, that in December last, Mr. Cranfield said Mason had given him deeds for his prov- ince, which he had shewn to Mr. Vaughan and Mr. Waldron, and intended suing Mason at the next court for the same. William Fifield, jr., Richard Sanbourn, and Nathaniel San- bourn, will depose, that in October, 1683, being at J. Sanbourn, senior's, house, when Robert Mason, Sherlock, the marshal, and James Leach, came to give Mason possession : when Sanbourn not opening the door. Leach, per marshal's order, broke it open and gave Mason possession, and Sherlock took Sanbourn prisoner. When Mason openly told the people, " this is what you shall all come to." Thomas Wiggin swears, 13 April, 1683, that in iMarch last, he and Robert Mason and Robert Hall, being at Deputy-Governor Barefoote's house. Mason said he would seize Major Wahlron's, Joshua Moodey's, John Partridge's and Capt. Tippeu's lands, who should not have one foot iu the province, and that he wonld live in Andrew Wiggin's farm, being a good one. That the people had been in one rebellion, and he would force them into a second, and then hang them. That shortly there would be a frigate there with soldiers, whom he would quarter in the province, at the peo- ple's cost, and that then they v/ould rebel. That let Wadleigh go for England if he would, New-England had now no friend in the council or committee, but formerly they had the lord privy seal. That he and his two sons would fight any six there, for the prov- ince, at sharps. Sworn before WM. VAUGHAN, Just. Peace. IS April, 1683. Lieut. Robert Hall, justice of peace there, swears the same, before Justice Vaughan. 14 April, 1683. Shadrach Walton swears, that about three weeks before, he heard Mason say, that he looked for a frigate ■with soldiers, and would quarter ten at each liouse, till they eat up all the people's cattle and sheep, and beggar them, and that then he should see what they would do ; and upon inquiry of the reason why, said it was because they would not comply with him according to his majesty's order. Said he would speedily seize Major Waldron's, IVIr. Moodey's and J. Partridge's estates, and bade deponent tell Lieut. Nutter his estate was going after the rest Sworn before W. VAUGHAN. 500 API^ENDIX. Agaiust U8. 27 Sept. 1683. R. Mason, R. Chamberlain, and Joseph Rayne swear, that 25 Sept. 1683, in a trial between Mason and R. Wal- dron, the defendant excepted agaiust the whole jury, and openly told the people they were all concerned, that his would be a lead- ing case, and that they must all be Mason's tenants, and that they being all parties, could not be of the jury. That Barefoote being the judge there, would have committed him tor the words as mu- tinous. That the said Waldrou, in March, 1680, said they were not the more bound to believe the king's letter, because the king had writ it. Thomas Phiibrick speaks of some discourse between him and Henry Greene, Esq. about Henry Roby and Nathaniel Boulter, two standing jurymen's having had land from Mason, which was worth £, 100, above the 2d. per acre to be paid. Note. — H. Greene is one of the judges. Henry Dow can testify, that the 11th October, 1683, Henry Roby had land measured out to him of 100 acres upland and marsh, appointed him by Mason. And Nathaniel Boulter, senior, and his sons, had 20 acres, which he said was too little, in that Mason had promised him 30. And Robert Smith had a piece of marsh land, he claiming the same from Mason. That these grounds were part of the unfenced pasture, where the milch cows of Hampton inhabitants used to feed, the loss whereof is of great prejudice to the town. Ephraim Marston says the same. 17 July, 1683. R. \Valdron, John Windiat and Thomas Rob- erts, certify, that upon the governor's summons of the 17th Feb. 1682, above, within the time set, attended the governor, to know his pleasure therein, who bade them agree with Mason ; on dis- course with whom, in another room, the governor overhearing, came in, and told Col. Waldron that they should not hector so in his house, and bade them begone, that they propounded to Mason to refer the matter to the governor, or otherwise, that the govern- or should state the case to his majesty, according to the commis- sion ; which Mason refused, saying that unless they owned his ti- tle, he would have nothing to do with them. Richard Waldron, senior, fined £5, for mutinous words spoke at a trial, between him and Mason. And fined £10, for words spoken to the dishonor and contempt of his majesty, from which sentences he desired leave to appeal. Cert. p. RICH'D CHAMBERLAIN, Prothon. 11 Sept. 1683. Warrant to James Sherlock, marshal, or depu- ty, to attach the goods, or for want thereof, the body of R. Wal- dron, and take bond, with sureties of £4000, for his appearance, in trespass for lands held and woods felled to £4000 value ad. s. R. Mason. Sept. 19, 1683. The warrant served on part of the defendant's goods, in the name of the whole. 6th Nov. 1683. — Judgment for the plaintiil", 10s. damages, and £5 8s. costs. The defendant appeals, which allowed, on £200 security before the 16th, to pay the cost of the appeal, awd to prosecute it in six monthg. 23 Nov. 1683. Warrant for costs. APPENDIX. 501 10 Dec. 1683. The governor and council commanded the min- isters there, to admit all persons, not scandalous, to the sacrament, and their children to baptism. That if any desire the sacramaut or bi^ptisra, according to the liturgy of England,- that it be done, pursuant to the laws of England and his majesty's command to the Massachusetts. Ministers refusing, being duly required, to incur the penalty of the state, and the inhabitants freed from paying tithes or other duties to such minister. And the governor ordered Joshua Moodey, minister of Portsmouth, personally to read that order at his meeting-house, the next Lord's day. 4 Dec. 1683. The governor and council ordered all the minis- ters in New-Hampshire, to attend the Monday following, to give their reasons why they did not administer the sacraments accord- ing to his majesty's letters sent the Massachusetts, and the statute in that case. 15 Jan. 1683-4. James Sherlock gives Moodey notice, in wri- ting, that Cranfield, Barefoote, Chamberlain and Hincks, would receive the sacrament, according to the liturgy of the church of England, the next Sunday. April, 33tio. car. 2di. 1681. By indenture between Robert Mason and Richard Rich, Mason, in consideration of 20s. bargains, sells, enfeoffs, &c. to Rich and his heirs, an house and orchard at Do- ver, a field of 8 acres, 2 acres on the common, another field of 3 acres and a half, and 6 acres. Land at Hilton's point of 20 acres, 3 acres marsh land, 10 acres upland, leaving high\vays, with lib- erty of feeding cattle and cutting necessary woods, excepting mines and minerals, and pine trees of 24 inches and more diameter. — Habend. to Rich and his heirs as parcel of Dover manor, reddend 25s. per annum, with a clause of distress. C(»venant for the gran- tees building two houses, in two years, at Hilton's point and to pa)'' 2s. per annum rent, for each, to Mason and his heirs. Cove- nant for quiet enjoyment under the said rents, and against incum- brances. Covenant for the grantees payment of said rents, and preservation of the boundaries. The grantee, &c. at every ten years to deliver engrost terrars of the premises. ROB'T MASON. 24 May, 1681. Robert Mason, by writing, made Nicholas Shapleigh his attorney, with power to make deeds to the inhabit- ants for the lands they now possess, and what other they had oc- casion for, which he obliged himself and heirs to ratify. Gave notice he would return from England the next spring, and by his majesty's grace ease them of the beavv taxes then imposed. ROB'T MASON. 7 Jan. 1683-4. Richard Waldron, William Furber, senior,- and Henry Langstaif,* offer to depose, that the 20 acres on Hil-- * [In Rev. Mr. Pike's MS. Journal, I find the following note on this per- son, who was at Pascataqua as early as 1631. " July 18, 1705. Mr. Henry Lan^star, of Blood3'-point, deceased, after ten days sickness, occasioned by a fall into his Leanto, four stairs hijrh, whereby bein-j greviously bruised, it brought an inflammation upon him. He was above 100 years old, hale, strong, hearty man, and might have lived many years longer, if, »i.c."J 502 APPENDIX. ton's point, granted by deed above, of the 29 April, 1681, with some other lands therein, were feneed in for pasture 50 years ago, aud so held by the people of Dover ever since. (Found among VVeare's MSS.) No. 52. Report of the Lords of Trade against Craiifield, and the Kingh order. At the court at Whitehall, the 8th of April, 1C85, By the king's most excellent majesty, and the lords of his majes- ty's most honorable privy council. Upon reading a report from the right honorable the lords of the committee of trade and plantations, iu the words following : May it please your majesty, — Having received an order in council, dated the 11th day of July last, upon the petition and complaint of Nathaniel Weare, inhabitant of your majesty's province of New-Hampshire, in New-England, in the behalf of himself and others, your majesty's subjects and plan- ters there, against Edward Cranfield, ICstj., your majesty's govern- or of that province, whereby we were directed to report our opin- ions upon the said complaint. We did accordingly transmit a copy thereof to the said Edward Cranfield, aud upon receiving his answer, and hearing what the complainants could allege and make out against him, — We find that the said Edward Cranfield has not pursued his instructions, in reference to the propriety of soil which Robert Mason, Esq., claims in that province, inasmuch as the said Edward Cranfield, by his instructions, is directed, that in case the inhabitants of New-Hampshire should refuse to agree with the said Mason, he should interpose aud endeavor to recon- cile all difl'erences, which, if he could not bring to effect, he was then to send into England such cases, fairly and impartially stated, together with his opinion, for your majesty's determination ; whereas, instead thereof, he has caused courts to be held in New- Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the particular cases to your majesty. As to the complaint of his hav- ing raised the value of coins, against the laws of the assembly there, we are most humbly of opinion, that although it be your majesty's undoubted prerogative to set and determine the price and value of coins, within your dominions, yet your majesty's gov- ernor ought not to have made any alterations therein, without having received your majesty's special directions ; all which we humbly propose may be signified to him, by your majesty's order, and that the differences depending between the said Robert Mason and planters, in that part of New-Hampshire, may be at length de- cided. We further offer, that William Vaughan, one of the com- plainants attending this board, may have opportunity allowed him of appealing to your majesty, within a fortnight, from all verdicts and judgments given in New-Hampshire, in his private case, upon APPENDIX. 503 hearing whereof, and by the relation it has with others, your maj- esty will be best able to judge of the right and title of the said Robert Mason, to that part of the province of New-Hampshire aforesaid, and npon bringing the said appeal, that alt proceedings at law, relating to the said title, may forthwith cease, until your majesty's further pleasure be known. All which is nevertheless most humbly submitted. Kochester, Arlington, Halifax, P. Oxford, Clarendon, C. P. S. Chesterfield. Beaufort, Council chamber, 27 March, 1685. His majesty in council was graciously pleased to approve of the said report, and to order that his majesty's pleasure therein be sig- nified to Mr. Cranfield accordingly. It was also ordered, that Mr. William Vaughan be allowed to appeal to his majesty, within a fortnight, from all verdicts and judgments given in his private case, in New-Hampshire, according to the said report. A true copy, Wm. Bridgeman. No. 53. The King^s Order for hearing Vanghan's Appeal. [Not inserted in the former editions.] At the court at Whitehall, the 29th of April, 1685. Present — the king's most excellent majesty in council. Upon the petition of William Vaughan and Nathaniel Weare, of New-Hampshire, in New-England, setting forth among other things, that in obedience to a late order of council, the petitioner, William Vaughan, hath appealed against several verdicts and judgments, one fine and one decree, given, entered up, imposed and ordered against him, in New-Hampshire, as in the petition is at large set forth, it is this day ordered, that copies of the said pe- tition and appeal be sent to the right honorable the lords of the committee for trade and plantations, who are to examine the alle- gations thereof, and to report to this board how they find the same, together with their lordship's opinion thereupon. PHIL. MUSGRAVE. (The two preceding papers, are in the hands of the Hon. President Weare.) No. 54. Letter from the Lords of Trade to Cranfield. After our hearty commendations unto you, we have, in obedience to his majesty's commands, received and examined your answer to the complaint of Nathaniel Weare, inhabitant of his said province of New-Hampshire, in behalf of himself, and others of his majes- ty's subjects and planters there, and having likewise heard what the said Weare could bring in evidence of the said complaints, and thereupon reported our opinions to his majesty, we are com- manded hereby to signify unto you, that you have not pursued your 504 APPENDIX. instructions in reference to the propriety of the soil which Robert Mason, Esquire, claims in the province of New-Harapshire, inas- much as you were directed, that, in case the inhabitants of New- Hampshire should refuse to agree with the said Mason, you should interpose, and endeavor to reconcile all differences, which, if you could not bring to effect, you were then to send to his majesty such cases, fairly and impartially stated, together with your opinion for his majesty's determination ; instead whereof, you have caused courts to be held in New-Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allowed, without first representing the particular cases to his majesty. And yet, although it be his majesty's undoubted prerogative, to set and de- termine the price and value of coin, within his majesty's dominions, you have not done well in directing any alterations therein, without his majesty's special order. In both which, you have been want- ing in your duty to his majesty. But, that the chief occasion of dispute in that province may be removed, we are farther directed to acquaint you, that, as to the differences depending between the said Robert Mason and the planters, his majesty hath been graciously pleased, by his order in council, dated the 8th of this instant, April, to permit William Vaughan, one of the complain- ants, attending this board, to appeal to his majesty within a fort- night from the date of the said order, from all the verdicts and judgments given in New-Hampshire, in his private case, upon hearing whereof, and by the relation it has with others, his maj- esty will be best able to judge of the right and title of the said Robert Mason, to that part of the province of New-Hampshire. And his majesty doth likewise think fit, that, upon bringing the said appeal, by the said William Vaughan, all proceedings at law, relating to the said title, do forthwith cease, until his majesty's pleasure be known. Whereof you are to take notice, and to govern yourself accordingly. And so we bid you very heartily farewell. J'rom the council chamber, at Whitehall, the 29th day of Apiil, 1685. Your loving friends, (Signed) W. Cant. Bridgwater, Guilford, C. S. Chesterfield, Rochester, Sunderland, Halifax, P. Craven, Clarendon, C P. S. Alesbury, Beaufort, Middleton, Lindshy, Godolphin, Arlington, J. Ernie, Hunington, Geo. Jaffrey. :Directed to our loving friend, Edw. Cranfield, Esq., lieutenant-governor and commander in chief of bis majesty's province of New-Hampshire, in New-England. APPENDIX. ' 506 No. 55. Letter fiom the same to the same, respecting Vaughan^a Appeal. After our hearty commendation : His majesty hath received the petition and appeal of William Vaughau, inhabitant of New- Hampshire, from several verdicts and judgments given against him in that province, which being referred to us by his majesty's order in council of the 29lh of April last, that we should examine the allegations thereof, and make report of the same, with our opinion thereupon, we have accordingly appointed to hear all parties con- cerned in the several cases therein contained, on the first Tuesday, after midsummer day, which shall be in the year 1686. To which end, we herewith send you a copy of the said petition and appeal, which you are to communicate unto Robert Mason, Esq., and to all others whom it may concern, who are to take notice thereof, and to give their attendance at that time either by themselves or by their agents sufliciently empowered by them, to answer the said appeal, and to submit to such judgment hereupon as bis maj- esty in council shall be thought fit. And you are likewise to perr mit all persons to have free access to, and take copies of all re- cords within that province relating to the matters in dispute, and to depose upon oath what they know concerning the same, which depositions are to be taken in writing by any of the members of the council or justices of the peace in that province, without any hindrance or discouragement whatsoever, in order to be transmit- ted unto us, for the clearing of truth in that appeal. And so we bid you heartily farewell. From the council chamber in Whiter hall, the 22d day of May 1685. Your loving friends, Guilford, C. S. Rochester, Halifax, Pr. Clarendon, C. P. S. Ormoud, Sunderland. Lieut. Governor of New-Hampshire, or Commander in Chief for the time being. (The two preceding papers are in the possession of John Penhallow, Esq.) No. 56. Copy oj the Petition of the Inhabitants against Masot. To the king's most excellent majesty. The humble petition and address of your majesty's dutiful and loyal subjects, inhabiting in the province of New-Hampshire, in New-England. [1685.] Most humbly sheweth, — That your majesty's loyal subjects of this province, had for more than fifty years been peaceably possessed of the lands lately chal- lenged by Mr. Mason, and having found the same an utter desert and forest land, with excessive cost and hard labor, reduced the same to a tolerable support of ourselves and families, and lately maintained the same, with a vast expense of our estates and lives, against the incursions of a barbarous enemy, who had otherwise reduced the same to utter confusion, 66 50G APPEiNDIX. That upon his late majesty's declaration and order for the set- tlement and government of this province, we accounted ourselves happy for that therein we were by his said majesty's princely grace and favor, saved from the unreasonable demands which Mr. Mason might have made upon us, by the limitations in the commission for government, wherein it was provided that the said president or governor, for the time being, should use all methods by his good advice, to settle and quiet the people, in the matter of Mr. Mason's title, or otherwise impartially to state the case, and report tlie same to his majesty, that a final determination might thereupon have been made, by his majesty in council, which if it had been duly attended, had, we doubt not, long since, by your majesty's justice and favor, put us into a happy estate of quiet and repose. That, notwithstanding his said majesty's command and limita- tion, the said Mr. Mason hath been allowed to pursue many of the inhabitants, in several suits and actions, wherein the govern- ment have taken to themselves power of an absolute judgment, without any regard had to the said commands and limitations, and with that excess and rigor as to assign the said Mr. jMason some- times ten pounds, other times twenty pounds costs, when damages have been sometimes not above two .shillings, veiy seldom ten, according to the orders and limitations abovesaid. That the said Mr. Mason, beyond and beside the said quit rents, and directly against his majesty's order in the said commission, wherein the tenure of improved lands isassured to the ter-tenanls, upon payment of the said quit rent, or otherwise, as his majesty in council should determine, hath disposed or given away the fee, to several persons, of several lands, which were, long before his challenge, fenced and improved by others, to the great damage and injury of his majesty's good subjects, beside many other irregular- ities in the management of the government, to the great oppression and destruction of trade within your majesty's province, and the utter impoverishing thereof. That for the last two years and up»vard, during the whole man- agement of Mr. Mason's suits at law, against your majesty's sub- jects, there hath been generally one jury returned to serve all the said issues, with little alterations, and almost constantly one fore- man, (who for that end we are apt to fear) was early complied with by Mr. Mason for all the lands in his own possession former- ly, with addition of several other lands to his own profit. That notwithstanding your majesty's late gracious order, and in- hibiting of any further procedure in the case of Mr. Mason's title, until the cause were brought before your majesty in council, Mr. Walter Barefoote, who was left deputy governor, hath since the arrival of your majesty's commands, permitted executions to be extended, and persons thereupon imprisoned, in causes concern- ing the said Mason's title, with excessive and unreasonable costs and damages. And lastly, whereas your majesty hath, upon complaint made against the irregular proceedings done and suffered, been gracious- APPENDIX. 507 ly pleased to permit Mr. William Vaughan, one of the principal inhabitants and merchants in this province, to take his appeal to your majesty in council for relief, against several oppressive judg- ments, one whereof refers to the title of his lands within this province, holdeu in the same form with the rest of his majesty's good subjects here, we do, with all humble gratitude, acknowl- edge your majesty's justice and favor herein, and for that the pur- suance and issue of the said appeal, will therefore necessarily af- fect the whole province and be introductory to the determination of all Mr. Mason's challenge, we have judged it our duty in most humble manner, to prostrate ourselves at your majesty's feet, and have therefore betrusted and fully inipowered Mr. Nathaniel Weare, one of the inhabitants of this your majesty's province, our agent, to lay before your majesty and most honorable privy council, the common case and condition of your majesty's poor and distressed subjects in this province, who is fully instructed humbly to repre- sent the same, and the arbitrary and severe oppressions we have labored under, from which we are w-el! assured of relief by your majesty's most just and gracious determination, and to make an humble and entire submission of ourselves, unto your majesty's pleasure, most humbly beseeching, that we may henceforward have our perfect and immediate dependence upon your majesty and the crown of England, as w^ell in the tenure of our lands as in the affairs of government, which gracious influence of your majesty is only able to revive and restore this province to its former flourish- ing estate and growth, whereby we may at length be made service- able to your most sacred majesty and the crown, which we are devoted to serve, resolving therein to be exemplary to all other your majesty's subjects in the territory of New-England, and for ■which we shall every pray, &c. (This paper is in the hands of tlie Hon. President Weare.) No. 57. Copij of the Decision of King James II. against William Vaughan. At the court at Whitehall, the 19th of November, 1686. (L. S.) Present — The king's most excellent majesty. Lord Chancellor, Earl of Plymouth, Lord Treasurer, Earl of Morray, Lord President, Earl of Middleton, Duke of Ormond, Earl of Melford, Duke of Albemarle, Earl of Tyrconnel, Duke of Beaufort, Viscount Stauronberg, Lord Chamberlain, Viscount Preston, Earl of Oxford, Lord Bishop of Durham, Earl of Huntington, Lord Arundel of Wardour, Earl of Peterborough, Lord Dartmouth, Earl of Craven, Lord Dover, Earl of Powis, Mr.Chancellorofthc excheq'r, Earl of Nottingham, Mr. Chancellor of the Dutchy. 508 APPENDIX. Upon reading this day at the board, a report from the honorable the lords of the committee of conncil for trade and foreign planta- tions, bearing date the 6th day of November instant, setting forth, that in obedience tn his majesty's orders in council, of the 25th of April, 16S5, and the 3d of July last, they have examined the ap- peal of William Vaughan, from a verdict and judgment given against him, on the 6th day of November, 1683, in his majesty's courts in New-Hampshire, in New-England, at the suit of Robert Mason, Esq., as proprietor of that province, for certain lands and tenements in Portsmouth, in the said province, and that they hav- ing heard the said Robert Mason, and Nathaniel Weare, attorney for the appellant, and liis counsel learned in the law, are humbly of opinion tliat his majesty be pleased to ratify and affirm the ver- dict and judgment aforesaid. His majesty in council was pleased to approve of their lorships' said opinion and report, and to order the said verdict and judgment given against the said William Vaughan, on the sixth day of Nov- ember, 1683, in his majesty's courts in New-Hampshire, in New- England, at the suit of Robert Mason, Esq. as proprietor of that province, for certain lands and tenements, in Portsmouth, in said province, be ratified and affirmed, and thav are hereby ratified and affirmed accordingly. WM. BRIDGEMAN. Vera copia, per RICHARD PARTRIDGE, Clerk. Copy as on file in the case, Allen vs. Waldron, Exam, per GEO. JAFFREY, CI. No. 58. Four letters or petitiovs from John Hogkins, commonly called HawkinSj one of the sachems oj the Penaccok Indians. May 15th, 1685. Honor governor my friend, — You my friend I desire your wor- ship and your power, because I hope you can do som great mat- ters this one. I am poor and naked and I have no men at my place because I afraid allwayes Mohogs he will kill me every day and night. If your worship when please pray help me you no let Mohogs kill me at my place at Malamake river called Panukkog and Nattukkog, I will submit your worship and your power. — And now I want pouder and such alminishon, shaft and guns, be- cause I have forth at my horn and I plant theare. This all Indian hand, but pray you do consider your humble servant, JOHN HOGKLNS. Simon Detogkom, Peter 3 Robin, Joseph X Traske, Mr. Jorge xRodunnonukgus, King j; Hary, Mr. Hope h Floth, Sam ]; Linis, John x Toneh, Wapeguanatj^Saguachuwashat, John a Cauowa, Old Robin ];, John x Owamosimmin, •Mamanosgues g Andra, Natonill t Indian. APl'ENDlJt. 509 Another from the same* May 15, 16S5. Honor Mr. Governor, — Now tliis day I com your house, I want se you, and I bring ray hand at before yovi I want sljake hand to you if your worship when please then you receive my hand then shal^e your hand and my hand. You my friend be- cause I remember at old time when live my grant father and grant mother then Englishmen com this country, then my grant father and Englishmen they make a good govenant, they friend allvvayes, my grant father leving at place called Malamake rever, other name chef Natukkog and Panukkog, that one rcver great many names, and I bring yon this few skins at this first time I will give you my friend. This all Indian hand. [The rest as before.] JOHN x: HAWKINS, Sagamor. Another from the same. Please your worship, — I will intreat you matther you my friend, now this if my Indian he do you long jiray you no put your law because som my Indians fooll, som men much love drunk then he no know what he do, may be he do mischlf when he drunk if so pray you must let me know what he done because I will ponis him what he have done, you, you my friend if you desire my business, then sent me I will help you if I can. Mr. JOHN HOGKINS. Another from the same. Mr. Mason, — Pray I want speake you a few words if your wor- ship when please, because I com parfas [on purpose] I will speake this governor b\it he go av.ay so he say at last night, and so far I understand this governor his power that your power now, so he speake his own mouth. Pray if you take what I want pray com to me because I want go horn at this day. Your humble servant. May 16, 1685. JOHN HOGKINS, Indian sogmou. (From the originals ia the Recorder's office.) No. 59. Letter frovi Capt. Francis Hooke, advising of danger from the Indians. Capt. Barefoot, Sir, This is to informe you that just now there cam to me a post, wherein I am fully informed that there is just ground to feare that the heathen have a souden desyne against us ; they havinge lately about Sacoe afTronted our English inhabitants thereby threatening of them, as alsoe by killinge theyre doggs ; but more pertickular- ly in that on Friday, Saturday, and Lord's day last they have gathered all theyre corne, and are removed both pack and pack- idge. A vvord to the wise is enough. The old proverb is, fore- warned, forearmed. Myself and rest in commission with us are fourthwith settinge ourselves in a posture, and tomorrow our counsell meet for to consider vhat is needful to be done. Not els, beinge in groat hast, butt remayn. Sir, your obliged servant, Kittery, 13 Aug. 1686. FRANCIS HOOKE. 510 APPENDIX. No. GO. Rej)0)i of persons sent to inquire into the above matter. [No date or signature.] To the Honoriible Walter Barefoote, Esq. and the couucil of Great-Island. Gentlemen, — According to your command and order to me, hearing date the ??d instant, I have to the utmost of my power ob- served every particular. Upon our arrival there, on Friday night, they were all very courteous to us, and in the morning my orders were read, which was very kindly received by them, and the reasons why they deserted the places Avhere they usually abode among the English was ; — 1. That four Indians came from fort Albany to the fort at Pen- acook, and informed them that all the Mohawks did declare they would kill all Indians from Uncas at mount Hope to the eastward as far as Pegypscot. 2. The reason of Natombamat, sagamore of Saco, departed his place was, because the same news was brought there, as himself declared, upoi; reading my orders at Penacook. 3. Natombamat, sagamore of Saco, is gone to carry the Indians down to the same place, where they were before departed from us, on Sunday morning, and desired Capt. Hooke to meet him at Saco five days after. 4. Both sagamores of Penacook, viz. Wonalauset and Mesan- dowit, the latter of which is come down, did then declare they had no intention of war, neither indeed are they in any posture for w ar, being about 24 men, besides squaws and papooses. 5. Asking the reason why they did not come among the En- glish as formerly, they answered they thought if the Mohawks came and fought them, and they should fly for succor to the Eng- lish, that then the Mohawks would kill all the English for har- boring them. No. 61. Articles of Peace with the Indians inhabiting New-Hamp- shire and Maine. Articles of peace agreed upon the eighth day of September, in the year of our Lord, 1685, between the subjects of his majesty, king James the second, inhabiting the provinces of New-Hamp- shire and Maine, and the Indians inhabiting the said provinces. It is agreed there shall be for the future, a lasting peace, friend- ship and kindness, between the English and the Indians, and that no injury shall be oftered by the one to the other. That if any Englishman doth any injury to an Indian, upon complaint made to any justice of peace, the Englishman shall be punished, and the Indian shall have present satisfaction made him. And if any Indian doth an injury to the English, or threat- en to do any injury, the sagamore to whom that Indian doth be- long, shall punish him in presence of one of the king's justices of the peace. That if any other Indian shall design any mischief or harm to APPENDIX. 511 the English, the Indians inhahitin