w. ."-fOl'- . .--V-.f3.Sfr-.f » ;,'-}f YALE UNIVERSITY LIBRARY CJ ^rofaindal anb Stai^ ^a^^ijrs. MISCELLANEOUS DOCUMENTS AND RECOEDS BBLATING TO NEAV HAMPSHIRE AT DIFFERENT PERIODS: INCLUDING I. Journal of the N. H. Convention which adopted the Federal Constitution, 1788, II. Journal of the Convention which revised the State Constitution in 1791-1792, III. The Great Controversy relating to the " New Hampshire Grants" (so called), 1749 to 1791 ; including troubles in border towns on both sides of the Connecticut river, «7Bi-i783. IV. Letters, &c., of Committee of Safety, 1779 to 1784. V. Census of 1773. VI. Census of 1786. VII. Appendix, containing copies of Ancient Grants, &c., supplementary to Volume I. PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW HAMPSHIRE. volum:e X. COMPILED AND EDITED BY NATHANIEL BOUTON, D. D., Coiresponding Secretary ofthe New Hampshire Historical Sf^ciety. CONCORD, N. H.: EDWARD A. .JENKS, STATE PRINTER. 1877. NOTICE, JOINT RESOLUTION, passed by the Legislature of New Hampshire. Resolved by the Senate and House of Representatives in General Court convened, That His Excellency the Governor be hereby author ized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated, to continue the collection, compilation, and to superintend the publication of such portions of the early State and Provincial Records, and other State Papers of New Hampshire, as the Governor may deem proper, not to exceed one volume ; and that eight hundred copies of the same be printed by the State Printer and distributed as follows : namely, one copy to each City and Town in the State, one copy to such of the Public Libraries of this State as the Governor may designate, two hundred copies to the New Hampshire Historical Society, and the re mainder to be in the charge of the State Librarian, who is authorized to exchange the same for similar publications issued by other States. Approved July i8, 1876. EDITOE^S PEEEAOE. The publication of this tenth volume terminates my official labors as editor and compiler of the Provincial and State Papers of New Hampshire. The contents of the volume are of permanent value, including articles never before published in full. The Journal of the New Hampshire Convention in 1788, which ratified the constitution of the United States, and that of the Convention in 1 791-2, which revised the state con stitution of 1784, furnish the names of the distinguished men who composed those conventions, and mark an era in our history of which the state may justly be proud. The papers relating to the long controversy with New York and Vermont, in respect of what were called the " New Hamp shire Grants," form a mass of material which, wrought into a volume of history with like papers from other sources, will equal if not surpass any story of our early times. The letters, orders, &c. , sent out by the Committee of Safety during the latter years of the Revolution, furnish the best evi dence on record of the extreme privations of the people, and the noble patriotism which animated them. The census of 1773, ordered by Governor John Wentworth, and that of 1786, ordered by the General Assembly of tbe state, — neither of which was ever before published, — exhibit comparatively the growth of the state between those periods, and also show how SLAVERY, as it existed in the province before the Revolution, came to a quiet end. The Constitution of 1784, in its Bill of Rights, " spake, and it was done." Slavery vanished without iv editor's preface. noise, without a single known civil suit, without a ripple of disturbance or turmoil on the face of society. In an Appendix to the foregoing Papers, the editor, with advice of His Excellency, Governor Benjamin F. Prescott, has thought proper to supplement the first volume of Provin cial Papers by several very important documents which have recently been brought to light. One is what is called the Squamscott Patent, or the Grant to Edward Hilton of land at Dover Neck, where a settlement was begun in 1623 ; another is the Grant of the Province of Laconia, Nov. 17, 1629, which serves to correct a capital mistake made by our historian, Dr. Jeremy Belknap, as to the name given to the grant to Gorges and Mason, in August, 1622, and also the confusion in the first chapter of his history respecting the Laconia Company and the Wheelwright Indian Deed.* In conclusion of his labors, the editor begs leave to renew his acknowledgments of obligation and gratitude to the Hon orable Frederick Smyth, ex-Governor, upon whose recom mendation to the legislature the work was undertaken, and to the several Governors of the state in succession, by whose encouragement and favor, through eleven years, the work has been carried forward ; also to the gentlemen, respectively, in the office of Secretary of State, who have afforded him every desired accommodation to consult early records and papers ; and no less to the president and officers of the New Hamp shire Historical Society, whose advice has frequently been sought. However, some errors and imperfections may be detected in the execution ofthe work, yet the editor is conscious of having aimed to accomplish the great undertaking with entire impar tiality, and with strict accuracy in the transcript of original records and documents, adding only such notes and explana tions as appeared to him necessary and just. It is gratifying to the editor, and will be to the people of New Hampshire, to know that the volumes, as they have been published one after another, have become at once a standard authority for reference in matters of history. They are quoted freely by * See note by the editor, pp. 692, 693; also. Vol. IX, pp. xl, xli.— Ed. EDITOR S PREFACE. V historians and writers both in this country and England. Surviving the decay and ravages of time, they will remain to insti'uct future generations in the early history, and in all the official proceedings and events of the state. To the candid judgment and acceptance of the People of New Hampshire, this last volume of Provincial and State Papers, — as also all the preceding, — is most respectfully sub mitted and humbly commended by their obedient servant, the compiler and editor. NATHANIEL BOUTON. Concord, N. H., September, 1877. GEIsTEEAL COl^TENTS, Pages Journal oe the Convention which adopted the Federal Constitution, 1788 1-22 List of Delegates i_7 Biographical Notes bythe Editor 8-11 Proceedings of Convention in Exeter, February, 1788 12-15 His Excellency John Sullivan, President 12 Proceedings of Convention in Concord, June, 1788 16-22 Articles proposed as amendments 17, 18 Yeas and nays 18, 10 Adoption of the Constitution lo Letter from President Sullivan to Gov. John Hancock 22 Journal of the Convention which assembled in Concord to revise the Constitution of New Hampshire, 1 791-1792 23-196 List of the names of members 24-29 Biographical sketches by the Editor* 30-37 Proceedings, organization — Hon. Samuel Livermore, president 38 Rules of procedure , , 39, 40 Article 6 of Bill of Rights, — motion to strike out — yeas and nays 4I1 42 Articles read and debated, — 19th article 42, 43 General Court — motion to change the time of meeting, &c. . . . 43 House of Representatives — yeas and nays 44i 45 Motion to strike out the religious test or qualificationf 46 Executive power — motion, to change the title of president to governor 47 Motion to reduce the number of the house — yeas and nays. . . 48-50 Report of Committee on the Senate, &c S'. S3 Oaths and subscriptions — sundry motions 52, S3 Committee appointed to reduce proposed amendments to form 53 * The biographical sketch of Col. Nathaniel Head (p. 32) is not fully correct. There were two men of the same name. Col. Nathaniel Head, of Pembroke, was from Bradford ; died Oct. 16, 1825, aged nearly 83 years. Nathaniel Head, Esq.', of Hooksett, was the grand father of Gen. Natt Head; he died Oct. 4, 1829, aged 75.— Ed. t On page 46, uuder "Yeas," the name " P. Page" should be D. Page. — Eu. viii GENERAL CONTENTS. Pages Committee on the "Council" and on the journals of both houses ^ Committee's report on 19th article of Bill of Rights 54 Report of Committee on the Council 55. S Resolves relati^ to courts, &c S". 57 Committee appointed to prepare and report amendments to be submitted to the people— adjournment 57 Members present at adjourned meeting, February 8, 1792- • • • 58-62 Report of Committee on Alterations and Amendments 63-71 Bill of Rights— articles 19, 20, 39 63, 64 Part II. General Court 64 Senate 65-67 House of Representatives 67 Executive power — governor 67, 68 Council 68 County treasurers, &c 69 Judicial power 69 Oath, &c 70 Constitution as reported by the committee 71-9' Part I. Bill of Rights 71-76 Part II. Form of government 76 General Court 76-78 Senate 78-80 House of Representatives 80-82 Executive power — governor 82-85 Lieutenant governor, council 85, 86 Secretary, county treasurer, &c 86, 87 Judiciary power, clerks of courts 87, 88 Encouragement of literature 88 Oath and subscriptions, &c 89-91 Journal resumed 91 Report (above) examined and debated in committee of the whole 91-103 The 39th article in Bill of Rights struck out 91, 92 Proposition to meet in September, November, or January, negatived 92 " President" changed to governor, lieut. governor denied 92 Biennial sessions and reduction of house denied, increase of senate 94-96 Judiciary system considered, &c 97-99i loS Report of sub-committee on amendments 103-106 Proposal to meet annually in October 107 general contents. ix Pages Reduction of representatives negatived io8 Sixth article of Bill of Rights amended io8 Division of the state into five senatorial districts 109 Committee to lay the amended constitution before the people — plan proposed : 110-112 Articles of amendment, sent out to the people 113-126 Proposed amendment of article 6th of Bill of Rights 113 Senate, to consist of thirteen 114 Religious qualification of "the Protestant religion" omitted 116, 118, 119, 121 Constitution with articles of amendment incorporated 126-141 Return of votes on the amendments 141, 142 Further action of convention 142, 143 Further amendments to be sent out to the people, reports of committees '. 144-152 Articles as sent out 152-164 Senate to consist of twelve members, and annual meeting of legislature in June 153 Religious qualification of "Protestant religion" included 153, 156 Return of votes on the proposed amendments 166, 167 Constitution approved by the people 167-196 Convention dissolved 168 The Controversy relating to the "New Hampshire Grants," so called, from 1749 to 1791 197-500 SECTION I. Controversy with New York in relation to Boundary 199-215 1749. Nov. 17. Letter from Gov. Benning Wentworth to the gov ernor of New York 199 1750. Minutes of the Council of New York, April 3 200 Apr. 25. Letter from Gov. Benning Wentworth to Gov. Geo. Clinton 201 June 6. Letter from Gov. Clinton to Gov. Wentworth 202 June 22. Letter from Gov. Wentworth to Gov. Clinton 203 ly^uly 25. Letter from Gov. Clinton to Gov. Wentworth 203 List of Grants, by Gov. Benning Wentworth, west of Connecticut river, between 1749 and 1764... 204-207 / 1763. Proclamation by Gov. Golden, of New York 207 X general contents. Pages 1/1764. Proclamation by Gov. Wentworth, of New Hamp shire, March 13 208-210 'Gov. Colden's statement to the Lords of Trade, in England, Jan. 20 , 2x1-215 SECTION II. 1768. Proceedings relating to the New Hampshire Grants under the administration of Gov. John Wentworth 215-221 Oct. 18. Memorial of John Wendell 215-217 Extract from Mr. S. Johnston's letter 216 1771- ^Oct. 19. Extract from Gov. John Wentworth's letter to Gov. William Tryon, of New York 217-220 Dec. 23. Letter from Gov. Tryon to Gov. Wentworth 220,221 SECTION III. Brief history of the controversy, by Dr. Jeremy Belknap 221-228 SECTION IV. V/ Discontent in the border towns of New Hampshire east of Connecticut river 228-241 Note by the Editor 228 1776. Dec. 16. Exbract from a letter of Hon. Meshech Weare to N. H. delegates in Congress 228 An address of several towns, &c., to the people at '^•¦ge 229-235 State of New Hampshire— to the selectmen of Hanover „ . • •-•• ..., 235 Proceedings at town-meetings 236-241 Meeting at Hanover g Nov. 25. Meeting at Lyme Dec. 9. Meeting at Acworth 3^3 Dec. II. Marlow— petition ]]\ Dec. 1 2. Chesterfield— instructions .......'. a^g Dec. 13. Haverhill, and other towns ..'...., 240 general contents. xi Pages SECTION V. Vermont assumes government — New York opposes 241-252 Note by the Editor 241 - 1777- Jan. 15. Declaration and petition of inhabitants of the New Hampshire Grants to Congress 242-246 His Majesty's order prohibiting more grants of land, &c 243 Jan. 20. Minutes of New York Committee of Safety 246-249 Jan. 20. Letter of Committee of Safety, New York, to John Hancock 249, 250 Mar. I . Letter fi-om Abraham Tenbroeck to John Hancock 251 /April 7, 8. Orders of Congress, &c 252 SECTION VI. Vermont asks aid from New Hampshire 253^255 July 15. Letter from Ira Allen to N. H. Com. of Safety 253 July 15. Letter from Ira Allen, for hastening on troops.-.. 254 July 19. Letter from Meshech Weare in answer to the above* 255 1778. Proclamation of Gov. George Clinton of New York, Feb. 23 256-258 v/A pamphlet signed " Republican," containing observations on the right of jurisdiction, &c, . 259-267 ''An address in answer to the foregoing, by "Pacifi cus," 268-270 i/a SECTION VII. First attempt of border tovtos in New Hamp shire TO UNITE with VERMONT 272-295 v^^otes by the Editor on the boundary lines 272-274 The Mason line determined by the legislature, 1787 274-276 ^/ 1778. Sixteen towns east of Connecticut river propose to unite with Vermont 276 June 25. Letter from Nehemiah Estabrook to Meshech Weare about said union 277 * Page 255- The word " Colonies" in this article should be Colonels i—%'0. xii general contents. Pages Aug^fg. Letter from Meshech Weare to N. H. delegates in Congress touching said union 27 Aug. 22. Letter from Meshech Weare to Gov. Chittenden of Vermont 279-2S1 Oct. 10. Report of Gen. Ethan Allen on the said subject to the General Assembly of Vermont 282-284 Oct. 21. Action of Vermont Assembly thereon 284 Oct. 22. Protest of members respecting towns east of Con necticut river— signers' names 285, 286 Oct. 23. Letter from Gov. Thomas Chittenden to Meshech Weare relating to said sixteen towns 287 Oct. 23. Letter from Ethan Allen, relating to the same. . . . 287, 288 Oct. 23. Letter from the Convention at Windsor, signed by Joseph Marsh, to Henry Laurens, President of Congress 289,290 Biographical notes on Elisha Payne, Joseph Marsh, and John Wheelock 288, 290, 291 Nov. 4. Communication from Ira Allen to the General As sembly of New Hampshire, expressing his views, &c 291-294 Nov. 5. Letter from Meshech Weare to Thomas Chitten den, on the visit of Ira Allen, &c. (note) 294 Letter from Meshech Weare to Ethan Allen 295 A Pamphlet entitled "A Public Defence of the right of New Hampshire Grants on both sides of the Connecticut river to form themselves in to an Independent State." — Dresden : Printed by Alden Spooner, 1779* 296-324 SECTION VIII. Measures to form a new State, of Tovstns WEST of Connecticut River 325-335 Dec. 9. Resolves of a Convention at Cornish 325 Dec. 12. Letter from Ira Allen to Meshech Weare, relative to the existing state of affairs 327 ' Nov. 27. Address, by Ira Allen, to the inhabitants of the state of Vermont 329-332 * a few verbal errors have been detected in the transcript of this pamphlet, which readers, if they please, may correct as follows : P. 305, iirst line, for " alterations," read altercations: p. 307, fifth line from bottom, insert had after " they ; " p. 309, fourth line from top, for '* re gal," read royal; p. 311, eleventh line from top, for "Government," read Governor; p. 312, seventeenth line from bottom, for " sure," read soon ; p. 323, eighteenth line from top, ^ter "in," read ihe appointment qf. — Ed. J general contents, xm Pages 1779. Feb. 12. Final dissolution of the union of towns east of Con necticut river with the state of Vermont 333 Feb. 26. Letter from Thomas Chittenden to Meshech Weare, relating to the foregoing, &c 334 Mar. 4. Letter from Ethan Allen to Meshech Weare 335 SECTION IX. »y^] 'Proposal to unite all the New Hampshire Grants with the State of New Hamp shire 336-341 Mar. 17. Petition of Jacob Bailey and Davenport Phelps, re lating to a connection of all the New Hamp shire Grants with the state of New Hamp shire 336 Apr, 2. Proceedings of the Legislature of New Hampshire on the foregoing petition 337 Apr. 23. Proposal of sundry matters to the town of New bury, by order of a committee, &c 338 May. Returns from Hartford, Moretown, and Peacham. . 339,340 June 3. Col. Olcott and Beza. Woodward, agents 341 SECTION X. Reference to Congress of matters in Con troversy 341-354 June I. Resolves of Congress respecting the New Hamp shire Grants 341 June 3. Letter from Thomas Chittenden to Meshech Weare respecting a jurisdictional claim of New Hamp shire to the territory of Vermont 342 June 4. Appointment and Instructions of Ira Allen as agent, &c 343 'June 24. Action of General Assembly on the foregoing 344 July 13. Address by Ira Allen to the Inhabitants of Vermont relating to the aforesaid affairs 34S-3SI Sept. 24. Resolves of Congress respecting the New Hamp shire Grants 351-354 Oct. 2. Further Resolves in relation to the same 354 xiv general contents. Pages 1779. Oct. 12. Letter from Woodbury Langdon, delegate in Con gress, to Meshech Weare, respecting Vermont, 355-358 y Note by the Editor—" Sundry articles to be com plied with " 358 Letter to the committee appointed by Congress to meet at Vermont 360 Letter from Samuel Huntington, Pres. of Congress, to Meshech Weare, June 6, 1780 361 Resolutions of Congress in relation to affairs in the New Hampshire Grants 361, 362 Letter of Joseph Marsh, Peter Olcott, and Beza. Woodward to the President of Congress 363 Letter from Beza. Woodward to Samuel Livermore 365 Letter from Thomas Chittenden to Pres. Samuel Huntington respecting sundry acts of Congress, 366-37 1 Beza. Woodward's petition in behalf of people above Charlestown, N. H., Grants 371-374 Another letter from Beza. Woodward, relating to N. H. Grants 374.375 Sept. 16. Letter from John Sullivan, delegate in Congress, to Meshech Weare, relating to affairs in Ver mont 375-377 Nov. 6. Letter from Jacob Bailey to Meshech Weare, rela ting to Vermont, Canada, &c 377-379 Oct. 30. Extract of a letter from Ira Allen, at Otter Creek, to Capt. Safford, at Bethel, east of the moun tains 379 Nov. 22. Letter from Gen. Bailey to Meshech Weare rela ting to the same affairs 379, 380 July 3- yi78o. June 2. July 20. July 25. July 25. Aug. 30. Aug. 31. SECTION X. Fresh measures to form a new State on both sides of the Connecticut River 381-400 \/ Convention at Walpole, 'Hom. IS, 16, ij%o 381-383 Dec. 12. Letter from Thomas Chittenden to Meshech Weare, inclosing a copy of his letter to Congress of / 25th July 384,385 V 1 78 1 . Resolutions of the General Assembly of New Hamp shire, Jan. 13, 1781, instructing its delegates in Congress ,gc /ci general contents. XV . Pages I781. Feb. 3. Letter from Joseph Fay to Meshech Weare, accom panying the letter of Gov. Chittenden 386 Convention at Charlestown, Jan. 16, 1781 — Note — r Origin of Convention 387 Wf Journal of said Convention, Jan. 16-18 388-393 Protest of a minority of the delegates, Jan. 18. . . . 393, 394 Secret history of the Convention, by Ira Allen. . . . 394-396 Feb. 10. Note by the Editor— Letter from Elisha Payne to 1 the General Assembly of Vermont 396 Feb. 22. Rules* of Negotiations, or terms of Union 397 Apr. 5. Result of submitting the abovesaid terms of Union to the towns specified — List of Towns,! &c. . . 398,399 ''Members from towns east of Connecticut river. . . . 400 7 SECTION XI. Disputed Jurisdiction 401-430 June 20. Letter from President Weare to the delegates of New Hampshire in Congress, June 20, 1781, relating to existing difficulties 401 July 10. Letters from John Sullivan to Meshech Weare on the same subject 402, 403 Aug. 7. Letter from Timothy Ellis to the N. H. Committee of Safety 404 Aug. 7. Resolves of Congress respecting a decision of the disputes relating to N. H. Grants — Committee of Congress 405, 406 Aug. 21. Letter from Samuel Livermore, delegate in Con gress, to Meshech Weare 407 \/ Letter from several inhabitants of Haverhill (Cods) to the Committee of Safety, N. H. [No date] 407, 408 Aug. 25. Memorial of sundry inhabitants of Chesterfield to the Council and House of Representatives, re- f lating to the revolt of sundry towns — Names. . 409, 410 Sept. 21. Proceedings of a meeting of persons from ten towns in Cheshire county, at Keene, Sept. 21, 1781 411 Oct. 2. Letter from Samuel Livermore to Meshech Weare, 412 Oct. 12. Memorial of John Clark, of Landaff, to the Com mittee of Safety, relating to hardships, in sults, &c 412-416 *Page 397, for " Result," read Rules. — Ed. fFor " Newport (Vt.)," read Reuport. — Ed. xvi general contents. Pages 1781. v/Oct. 13. Petition of inhabitants of Landaff for aid and pro tection 416 Oct. 19. Action on the Memorial of John Clark 417 Oct. 17. Report of a Committee of Congress, to whom was referred certain papers relative to New Hamp shire 418-422 -^Oct. 16-19. Report of the Council and Assembly of Vermont on the Report of the Vermont delegates to Congress 422-426 Oct. 22. Summons to Daniel Shattuck, &c 426 l/oct. 27. Elisha Payne to Meshech Weare, transmitting res olutions relating to Commissioners, &c 427 Oct. 27. Commission for the settlement of boundary lines, &c 428 Oct. 27. Proclamation of Thomas Chittenden for a day of Public Thanksgiving 429 SECTION XII. Collision in Border Towns 430-485 Note by the Editor 431 \/ Nov. 15. Letter from Gen. Benj. Bellows to Meshech Weare, relating to troubles in that part of the state 431 Substance of complaints against Nathaniel Bingham and John Grandy by Samuel Davis 432, 433 Nov. 12. Warrant to apprehend John Grandy, Jun 433 Nov. 12. Warrant to apprehend and secure in gaol Nathaniel Bingham 434 Nov. 16. Petition of Nathaniel Bingham and John Grandy, Jun., to the Council and House of Representa- , tives, N. H 435 Nov. 16. Statement of facts by Nathaniel Bingham 436 Nov. 28. An act empowering the sheriff of the county of Cheshire to release certain persons from prison in Charlestown 437-439 Nov. 29. Mittimus for committing Col. Enoch Hale to pris on 439. 440 Nov. 29. Letter from Gen. Bellows to Meshech Weare, in forming him of the imprisonment of Col. Hale 440, 441 Dec. I. Letter fi-om Samuel King to Col. Chamberlain and others on the abovesaid matters 441-443 GENERAL CONTENTS. XVll Pages 1781. Dec. 2. Letter from Col. Wm. Haywood to Capt. Phineas Hutchins (with a copy of Sheriff Page's ex press) 443 Dec. 5. Letter from Michael Cressey, of Chesterfield, to Gen. Bellows 444 Dec. 5. Orders* to raise the body of Militia to release Col. Enoch Hale from prison 444-449 Dec. 12. Letter from Col. Enoch Hale, sheriff of the county of Cheshire, to Meshech Weare 449 Dec. 14. Letter and order from Thomas Chittenden to Elisha Payne 450 Dec. 14. Letter from Thomas Chittenden to Wm. Page 451 Dec. 15. Instruction from Gov. Chittenden to Ira Allen re specting boundary lines 451 Dec. 18. Letter from Samuel Livermore to Pres. Weare, relating to proceedings in Congress 452 Dec. 21. Letter from Elisha Payne to Pres. Weare, propos ing amicable measures 453 Dec. 21. Order of Elisha Payne to Roger Enos and Wm. Page 454 Dec. 22. Letter from Enoch Hale, in person, to President Weare, respecting an adjustment, &c 455 Dec. 27. Warrants from Josiah Bartlett to arrest certain persons 456-459 Dec. 27. Report of Committee of N. H. House of Represent atives about admitting Wm. Page to bail 459, 460 Dec. 29. Letter from Ira Allen to Josiah Bartlett, requesting a copy of N. H. Acts and Resolutions 460 Dec. 29. Joint Letter of Ira Allen and Roger Enos to Josiah Bartlett 461 1782. Jan. I. Letter from Samuel Livermore to President Weare, relating to ' ' Vermonters " 461 Jan. I. Letter from Gen. Washington to Gov. Thomas Chittenden, relating to the N. H^ Grants (see p. 227) 462-464 Jan. I. Reward offered for taking Samuel King 464 Jan. I. Letter from Capt. Joseph Burt to Pres. Weare. . .. 465 Jan. 2. Letter from Gen. Bellows, relating to the rescue of Samuel King by a mob 466 *Page 444, seventh line from bottom, for " Records in Secretary's office," read Letters in Library o/N. H. Hist. Sac— Ed. xviii GENERAL CONTENTS. Pages Jan. 7. Letters of Committee of Safety-Warrant to arrest Nathaniel S. Prentice 407 Letters from Meshech Weare to Samuel Livermore, relating to troubles in border towns and to taxes.!... .-•• 468-473 Tan. 8. Letter from Wm. Page, in gaol at Exeter, to Elisha Payne 473-475 Jan. 8. Resolve to send an armed force to the western part of the state* 475 Jan. 10. Proportion of men to be raised 47° Jan. 10. Col. Charles Johnston and Col. David Page to raise scouting parties, &c., Gen. Sullivan to take the chief command of forces, &c 477 Jan. 8. Letter from Samuel Livermore to Pres. Weare.... 478 Answer of Pres. Weare to the same 479 Jan. 10. Letter from Gen. Bellows relating to Doct. Wm. Page 479 Jan. II, 12. Letters from Col. Enoch Hale relating to the rescue of Esq. Giles, and his own seizure by a mob, &c 480-483 Jan. 14. Petition of inhabitants of Claremont, praying for relief, &c 483 Mar. 26. Letters from Samuel Livermore to Pres. Weare, and note by the Editor 484> 48S SECTION XIII. Border towns unsettled 486-500 May 31. Resolutions passed by committees of certain bor der towns, with a memorial to the General Assembly of N. H 486-489 June 21. Action of General Assembly thereon 489 July 2. Letter from President Weare to Gov. Clinton of New York, relating to said memorial. 490 July 30. Letter from *rhomas Sparhawk and Benj. Bellows on affairs in Cheshire county 491-493 July 31. Letter from Doct. Wm. Page to Pres. Weare 493 Nov. 7. Request of selectmen of Newbury for jurisdiction of New Hampshire to be extended over them 494 * Page 475. In note at the bottom, for " which no doubt was issued at the time," read which perhaps was never issued- — Ed. GENERAL CONTENTS. XIX Pages 1782. Dec. 1 1 . Letter from P. White and John T. Gilman, in Con gress, to Pres. Weare 495 1783- Jan. 16. Letter from John Taylor Gilman to Meshech Weare 496 Feb. II. Letter from Enoch Hale to Meshech Weare, rela ting to difiiculties in Cheshire county 497 Note by the Editor 498 An act of Congress for the admission ofthe State of Vermont into the Union 499, 500 Letters, Orders, &c., by the New Hampshire Committee of Safety, 1779 to 1784 501-620 (Copied from a MS. volume in the Library of N. H. Hist. Soc.) [Note. Readers will perceive that the letters and orders which follow are so various and numerous that it is very difficult to analyze them, or to de scribe their contents in few words. The editor therefore only makes a minute of the dates, with the persons to whom addressed, when known, and with a few words indicating the matter.] To a committee in Alstead — about counterfeiters . . 503 To officer in charge of continental stores in Coos.. 503 To Jacob Cuyler, Esq 504 To Maj. Joseph Bass, clothier, &c 504 To Hon. Jerem. Powell, relating to Eastern expe dition 505 To Messrs. Peabody and Folsom, in Congress. . . . 505 To Col. Jonathan Chase — order to raise 60 men. .. 506 " " " relating to the same.... 507 Resolve of General Assembly, relating to wheat and flour 507 May 26. To President Powell of Massachusetts, relating to attack on Canada 508 May 27. To Jacob Cuyler, Esq., relating to paying drafts. . 508 May 27. To committee of Haverhill, about trade with Indians 509 May 27. Order about raising men 509 May 27. To Messrs. Peabody and Folsom, relating to taxes 510 17 79- Jan. 9- 1780. Feb. ig. Mar. 7- Mar. 31- Apr. 28. Apr. 28. May 12. May 12. May 26. XX GENERAL CONTENTS. Pages 1780. May 27. To James Underwood, respecting forfeited lands.. 511 June 2. To Col. Nichols and Mr. Underwood, respecting forfeited lands 5 ' I June 2. About purchasing rum S^ June 24. To Capt. Neh. Houghton, about mustering men. . 512 June 28. To Major Childs, about purchasing wheat 512 June 28. To Col. Stephen Peabody, about mustering men. . 512 June 30. To relating to purchase of horses 513 July — To Maj. Benj. Whitcomb, to take command of forces 514 July I. To Col. Hunt, relating to purchase of horses 514 July I. To about recruits and supplies for the army 515 July 6. To relating to supplies^, &c 516, 517 July 13. To Nicholas Gilman, Rec. General 517 July 15. Relating to powder, beef and rum, and seamen. . . 518 July 15. To Noah Emery, Jr., — instructions, &c 518 July 18. To Doct. Pelet'h Warren, request to act as surgeon 5'ig July 18. To Capt. Eliphalet Giddinge, about foi-warding beef cattle 520 July 18. To Capt. Samuel Reynolds, order to proceed to Connecticut river 520 July 26. To Hon. James Bowdoin, president of Massachu'ts 520 July 20. To Col. Stephen Evans, orders to march, &c 521 July 28. To Samuel Livermore, Esq., agent, relating to N. H. Grants 521 July 29. Hon. John Langdon, delegate to Boston, about the war, &c 522 Aug. 2. To Jacob Cuyler, Esq., excuse for non-payment of drafts C2'j Aug. 5. To Samuel Livermore, relating to N. H. Grants... 524 Aug. 10. To Capt. Shubael Geer, instructions 524 Aug. 10. To Mr. Jona. Martin, instructions* 525 Aug. 12. To Maj. B. Whitcomb, instructions 525 Aug. 12. To Doct. Phelps, to act as surgeon 526 Aug. 19. To Jedediah Jewett, to procure a horse for Gen. Sullivan -26 Aug. 19. ToCapt. Josiah Moulton and Col. S. Folsom 527 Aug. 19. To Col. Joshua Wentworth 527 Aug. 19. To the Board of War '" ^27 Aug. 23. To Capt. Eliphalet Giddings, to collect beef cattle 527 * Fourth line from top, the word " amount" should be accouni.-E.v. GENERAL CONTENTS. Xxi Pages 1780. Aug. 23. To Eph. Blaine, Esq., about beef cattle 528 Sept. 7. Muster master's returns 528, 529 Sept. 8. To Capt. Sam'l Gilman, trustee of Gov. Went worth's estate 529 Sept. 6. To Major Child, about supplies, &c 529 Nov. 18. To Col. David Webster and John Millen, Esq., to forward supplies 530 1781. Feb. 9. To Francis Blood, Esq., on provisions for Cols. Nichols and Ellis 531 Feb. 9. To Col. Hunt, relative to the same 531 Feb. 9. To Cols. Nichols and Ellis, do. do 532 Feb. 12. To Col. Jabez Hatch, about a continental stable. . 532 Feb. 8. To Selectmen relative to collecting taxes. . 533 Feb. 15. Orders to Lts. Bezaleel Howe and Jos. Boynton, to forward recruits 534 Feb. 17. To Joseph Gilman, Esq., about settling accounts. . 534 Feb. 17. To Capt. Eliphalet Giddinge, do. do 534 Mar. 2. To Col. Supply Clapp, do. do 535 Mar. 9. Col. Timothy Ellis and. Gen. Moses Nichols, to supply troops ; 535 Mar. 9. To Francis Blood, Esq., to furnish supplies 535, 536 Feb. 16. Orders to Sam'l Wells, Serj. Major, about forward ing men 536 Mar. 31. Orders to Lt. Beza. Howe, Joseph Boynton, and Sam'l Wells, about forwarding recruits and clothing 537 To Charles Johnston, Esq., and James Woodward, relating to lands of absentees 537 To Eliphalet Hale and Geo. Dame, inspectors of shoes 537 To Lt. Col. Sam'l Chase, to rent lands of absen tees 538 To Capt. Ebenezer Dearing, to raise a company for the defence of Piscataqua harbor 538 Hon. John Wentworth, Jun., a Delegate to Con gress ^ 539 To Col. Sam'l Chase, about renting farms of absen tees 539 Relating to raising men for western frontiers 540 To Moses Dow, Esq., Commissary of Purchase.. . . 540 To Lt. Jona. Ring, order about rations 541 Apr. 7- Apr. 12. Apr. 12. Apr. 13- Apr. 14. Apr. 19. Apr.Apr. Apr. 19.19.19. xxii GENERAL CONTENTS. Pages 1781. Apr. 19. To Col. Charles Johnston, relating to troops for western frontiers 54' Apr. 19. To Gen. Benj. Bellows 542 Apr. 21. To Matt. Patten and Thomas Sparhawk, Judges of Probate 542 Apr. 27. To Jedediah Jewett, sundry directions 543 May 4. Orders to Captain Ebenezer Dearing 543 May 4. Orders to Lt. Col. Dearborn and Jedediah Jewett, relating to payment of soldiers 544 May 5. Orders to Francis Blood, Esq., to make returns of provisions, &c S44 May 4. Order to Col. Joshua Wentworth to muster sol diers 545 May 25. Orders to Capt. E. Giddinge, F. Blood, and Col. Samuel Hunt, about forwarding beef cattle . . . 545, 546 May 25. To Gov. Jona. Trumbull, relating to a counterfeiter 547 May 26. Orders to Lt. Joshua Merrow, relating to the same 547, 548 July 5. Order to Capt. M. Woodward to send prisoners to Boston 548 July 5. To Maj. Gen. Folsom, relating to travel money. .. 549 July 5. To Lt. Joseph Huntoon, relating to deserters 549 July 6. Order to Francis Blood, Esq., relating to supply of beef 549 July 6. To Selectmen of Portsmouth, about a supply of rum 550 July 12. Order to Noah Emery, Esq., about beef cattle 551 July 19. To Stephen Harriman, relating to land purchased by Gen. Stark 551 July 20. To Capt. Ebenezer Dearing, relating to Deserters and trial by Court Martial 551 July 20. To Francis Blood, relating to supply of beef cattle 552 July 27. Agreement with John Balch as post-rider 553 July 28. Order to Col. Timothy Ellis and others to raise scouting parties ec^, 554 July 28. To Col. Samuel Hunt, relating to supply of the army 554 Aug. 3. To Thos. Bickford, about beef on hand 555 Aug. 3. Memorial of soldiers in forts asking relief 555 Aug. 10. Petition from Conway, a company of soldiers sent 555, 556 Aug. 10. To Col. Charles Johnston, to forward soldiers to Coos --_ GENERAL CONTENTS. XXUl Pages 1781. Aug. II. To Col. Timo. Ellis, relating to troubles in border towns 557, 558 Aug. 18. To John Hopkins, Esq., relating to a Dep. Com. of prisoners of war 558 Warrant to apprehend Robert Young 559 To Lt. Col. Daniel Runnels, about marching orders 559 To Cols. Wentworth and Evans, do. do 560, 561 To John White, Jr., to take charge of rum, &c. . . . 561 Orders to Lt. Col. Raynolds, to march to Charles town No. 4 561 Orders to Capt. Dan'l Gordon, relating to the same 561 Orders to Col. Wentworth and others, relating to the same 562, 563 To Col. Samuel Hunt, to furnish supplies 563 To Francis Blood, Esq., do. do 564, 565 Orders to Lt. Col. Raynolds, about supplies 565 To Gen. Bellows, do. do . 565 To Col. Charles Johnston, do. do 566, 567 To Maj. Gen. Heath, relating to troubles in border towns 567, 568 To Francis Blood, Esq., To Col. Samuel Hunt, To William Page, — all relating to supplies for Charlestown 568-570 Oct. 13. To Col. David Page and Jos. Whipple, to discharge men 571 Oct. 25. To Capt. Moses Woodward, about prisoners of war 571. 573 Warrants to apprehend horse thieves 572, 573 Letter from Hon. Matthevi' Thornton 573, 574 Letter to President Hanson about delegates in Con gress 575 To Israel Morey, to deliver records, &c 575 Our troops at Saratoga in want of rum, &c 576 A guard to be placed at the Great Island 577 Letter to Hon. S. Livermore, in Congress, relative to settling accounts, &c 577 Inquiry to be made about supply of provisions . . . . 578 Letter to Hon. S. Livermore, about currency and taxes 578-581 Aug. 18. Sept. II. Sept. II. Sept. 14. Sept. 26. Sept. 26. Sept. 27. Sept. 27. Sept. 27. Sept. 27. Sept. 28. Sept. 28. Sept. 29. Oct. 6. Oct. 6. Oct. 6. Nov. 2. Dec. 29. Dec. 10. 1782. Jan. 18. Jan. 26. Feb. 2. Feb. 4- Feb. 6. Feb. 23- xxiv GENERAL CONTENTS. Pages 1782. Mar. I . A suspected person at Londonderry S8i Mar. 20, 26. Lands of absentees to be rented 581.582 Apr. 6. Recruits at Charlestown and Amherst to be sup plied, &c 582, 583 Apr. 4. Warrant to apprehend Col. Jona. Greeley 583 Apr. 5. Muster masters appointed S84 Apr. 12. Jonathan Greeley put under bonds 584, 585 Apr. 20. Provision for recruits in the army 586, 587 Apr. 27. Settlement of Pay Roll S86 May 4. Payment for excise on spirituous liquors 587 June 8. Guard against an attempt to destroy a ship at Ports mouth 588 June 14. Muster masters to fill their quota of men 588, 589 July 6. A scouting party under Joseph Whipple, Esq 589 July 12. Order to Capt. Salter to raise men, &c S90 July 19. Order to fill the quota of men for the army 590, 591 July 20. Notice to Capt. John Jennison about beef 591 July 20. Order to Jedediah Jewett, &c 592 July 30. Time extended to Gilmanton to make up deficiency 592 Aug. 3. Letter relating to border troubles 592, 593 Aug. 3. Letter to Capt. John Jennison about supply of beef cattle 594 Aug. 3. Letter to Doct. Wm. Page about recognizance 594 Aug. 17. Orders relating to beef cattle 595 Aug. 23. Order in behalf of Gilmanton, &c 595 Aug. 23. Orders to Jedediah Jewett relating to beef cattle. . 596 Aug. 29. Order to Francis Blood, relating to beef cattle. . . . 596 Sept. 13. The selectmen of Amherst to settle account 597 Sept. 19. Extent against the town of Cornish suspended. .. . 597 Sept. 20. Richard Jenness, Benj. Butler, John White, to set tle for excise 598 Sept. 26. Danger to Piscataqua harbor apprehended 599 Sept. 26. About pasturing for cattle : 599 Sept. 27. Answer to Memorial from Dartmouth College 600 Oct. 4. Letter to John White to settle for rum, &c 600 Oct. 5. Order relating to Capt. John McGray 600 Oct. 25. Order to Capt. Ebenezer Fry 601 Oct. 19. Edward Wade on furlough, &c 601 Oct. 19. Order about beef cattle 601 Nov. 22. Maj. Caleb Robinson appointed muster master 602 Nov. 22 . Order to Isaac Williams about issue of provisions . . 602 1782. Dec. 5- Dec. 7- Dec. 7- Dec. 13- Dec. 1.3- 1783- Jan. 3- Jan. II. Jan. 24. Mat 6. Mar. 6. Mar. 7- Mar. 13- Mar. 21. Apr. 4- Apr. 10. Apr. 25- May 16. May 23. June 6. July II. July II. July 25- July 26. July 31- Aug. 9- Aug. 16. Aug. 29. Aug. ,29. Oct. II. Nov. 21. Dec. 25. 1784. Jan. 3- Jan. 23- Mar. 25- May 14. GENERAL CONTENTS. XXV Pages Jesse Christy to be taken into custody 603 Order about beef cattle 603 The Board of War to examine accounts, &c 603 Jesse Christy allowed liberty of the yard 604 Recruits to be mustered and supplied 604 Orders to Capt. Titus Salter 605 Order to Nicholas Gilman, Esq., Rec. Gen 605 Letter to Joseph Whipple, Esq., relative to tax. . . . 606 Letter to Hon. John Hancock, relating to dele gates, &c 606 Lands of John Tufton Mason not be sold 607 Stephen Gorham, Esq., commissioner to settle ac counts 607 Col. Samuel Chase to rent lands of absentees 608 Letter to Gen. John Stark 608 Order relating to Col. Geo. Reid 608 Nicholas Gilman, Esq., deceased 609 Jesse Christy discharged from gaol 609 Bridge to Janvrin's Island to be sold 610 British vessels to be entered 610 Settlement with N. H. troops — Depreciation 610, 611 Order for removal of barracks, &c 612 Order to enlist five effective men 612 Summons to answer for removal of powder 613 Hon. John Langdon desired to go to Congress. . . . 613 The town of Pembroke discharged from extents, &c 613 Order to inspect salt beef, &c 914 Order to Enoch Hale, sheriff, about extents 614 Permission for Dorothy Nelson to visit Portsmouth 615 Permission for Abigail Robertson to visit Ports mouth 615 The town of Salem discharged from extents. — . . 615 Excise on spirituous liquors at public vendue — Con ditions of sale — Committee for, &c 616-618 Order to the Naval Officer respecting gunpowder. . 618 Accounts for raising 2d Regiment to be settled. . . . 618, 619 Order relative to certain counterfeiters 619 Letter to John Langdon, relating to free trade. . . . 620 Letter to John Sullivan about want of money 620 XXvi GENERAL CONTENTS. Pages Census of 1773 621-636 Note by the Editor— Letter of Hon. A. H. Cragin 622, 623 Form of order — schedule for returns 624 Returns from Rockingham County 625-627 Returns from Strafford County 628, 629 Returns from Hillsborough County 630, 631 Returns from Cheshire County 632, 633 Returns from Grafton County 634, 635 Summary of returns by counties — total 636 Census of 1786 637-^689 Note by the Editor 637 Resolution and form of order for the census 638 Returns by counties, in alphabetical order of towns 639-651 County of Rockingham — Towns 639-651 Summary of returns from 37 towns in Rockingham County. . . 651 Notice. By a misprint, the total number of inhabitants in Rockingham county is put down in the summary at 48,431. This is an error, which readers will please correct. The true number is 32,138. — Ed. County of Strafford— Towns 652-657 Summary of returns from eighteen towns, 13,877 657 County of Hillsborough — Towns 658-670 Summary of returns from thirty-five towns, 25,933 670 County of Cheshire 671-679 Summary of returns from twenty-four towns, 15,160 679 County of Grafton 679-688 Summary of returns from twenty-four towns, 8,344 • • • • 688 Summary of returns by counties 5gg Appendix 691-703 Note by the Editor , gg^^ gg^ Grant of the Province of Laconia 6q-?-6q6 The Squamscott or Hilton's Point Patent 697-700 The Dover Combination »qq _qj Letter from Thomas Wiggin to Sir John Cooke. . .'. 701-703 ERRATA. Some errors of dates and names have been detected in Vol. IX, which readers will please correct as follows : / Errors in Vol. IX. P. 145, under the head of Cornish, the word "Hartford" should in every case be Hertford. P. 303. Gilsum was incorporated July 13, 1763, instead of "July 6." It was first called Boyle, granted Dec. 28, 1752, and settlement probably begun as early as 1754. P. 826. Campton was first granted Oct. 9, 1761, regranted Jan. 5, 1767, settlement begun about 1765. P. 827. HaverhiU was granted May 18, 1763, instead of " 1764." P. 828. The description given of " Marlborough " chiefly belongs to the town of that name in Vermont. It should simply read, Monad nock, No. 5, was incorporated by the name of Marlborough, Dec. 13, 1776. JOIJIli^A.IL. OF THE PROCEEDINGS OF THE CONVENTION STATE OF NEW HAMPSHIRE, WHIOH ADOPTED THE FEDERAL CONSTITUTION. 1788. [Copied itom the original,.-^paging in the margin corresponding thereto.] [A LIST OF DELEGATES attending the Convention, with the natnes of Towns and places which they represented^ 0 . 0 Names of Towns and places Names of Delegates to Conven •d u 03 W 5 -a 5 ^ a -a 0 t, s00^1 "S represented. tion. .aw 2g 'a ^ t-i 00 0^ N ^ -0 ^ -0^ 30 ¦s ¦a S2 a rt ¦a TO ¦s 'a en •a a rta0 rt •a cu3 H Ci -a 2; SI TO i-i ¦2 3 ,>- rt fe OT Portsmouth, (l)John Langdon, Esq'. y- S2 <( John Pickering, Esq'. (2) Pierce Long, Esq'. yy- 30 30 52 52 Exeter, (3) John Taylor Gilman, Esq' y 0 40 Londonderry, (4) Col" Daniel Runnels, Archib* McMurphy, Esq'. n.n. 44 so 3025 Chester, Mr. Joseph Blanchard, y- 44 20 Newington, Benjamin Adams, Esq'. y 30 52 Greenland, Doc'. Ichabod Weeks, y 18 49 Rye, Mr. Nathan Goss, y 24 54 New Castle, Henry Prescutt, Esq'. y 36 55 North Hampton, Rev* Benj". Thurston, y 12 47 Hampton, Christopher Toppan, Esq'. y 16 49 Hamptoa Falls & Seabrook, (5)Rev* Saml. T,angdon, y 10 44 Stratham, Mr. Jon» Wiggin, y 8 43 01 O a a g Kensington,S. Hampton & East Kingstown, Kingstown,Brentwood,Epping, New Markett, Nottingham, Deerfield,Northwood, Epsom & Allens town, Chichester & Pittsfleld, Canterbury, Northfield, Loudon, Concord,Pembrook, Candia, Raymond & Poplin, Hawke & Sandown, Hampstead,Atkinson & Plastow, Salem, Newtown,Wyndham, Pelham,Dover, Durham, Sommersworth, Rochester, Barrington, Sandborntown, Gilmantown, Jeremiah Fogg, Esq'. y Mr. Benj". Clough, n (6)Hon'. Josiah Bartlett, Esq', y Doc'. Thomas Stow Ranney, y Mr. Nath'. Ladd, Nath' Rogers, Esq'. y (7)Tho^ Bartlett, Esq'. y Doc'. Edm* Chadwick, y Maj'. James Gray, y Benj" Sias, Esq'. n Col" Jer". Clough, n Mr. Charles Glidden, y Mr. Jon" Smith, n Cap'. Benj" Emery, n Samuel Daniels, Esq'. Mr. Stephen Fifield, n Mr. Thomas Chase, n Mr. Nehemiah Sleeper, n John Calfe, Esq'. y Col°. Benj" Stone, n L'. Thomas Dow, n Cap'. Robert Steward, n James Bettan, Esq'. y Rev* Amos Moody, y (8) Doc'. Ezra Green, y (9)Excy. John Sullivan, Esq', y Moses Carr, Esq'. y Mr. Barnabas Palmer, n Maj' Samuel Hale, y William Harper, Esq'. n (lo)Honb'. Joseph Badger, n 8 i61210 8 24 40 6o8o §^ 8o 8o66 50 2020 34 3440 266o6o3624 44 54 48 108 80 " I J 45 41 36 4038 28 18IS 20 8 1613 7 16 30 35 303736 42 35 40 424045 5° 40 2020 ¦ T I o a >fo•^no < a o List of Delegates — contitmed. Names of Towns and places represented. Names of Delegates to Conven tion. o ti .2W .¦^ 2432 102136140 68 102 200 72 7080 74 .afe wd 1 s3 -a H I III II I I III fe V. 3rt CO .a 3 CO J3 ONrt XI 3 H "61 c •a 3 fe 0 1 •-» 0)d 1 — , i 5 0^ •a ¦3 0M ¦a£ ¦s' 1 3 n CO Lee, Madbury, Merrideth & New Hampton, Sandwich & Tamworth, Moultonboro', Tuftonborough, ? Wolfboro' and Ossipee, \ Barnstead, New Durham & N. D. Gore, Wakefield, Middletown & Ef- ? fingham, C Conway, Eaton, Burton & Lo- \ cations, \ Nottingham West, Litchfield, Derryfield,Dunstable, Merrimac, , Cap'. Reuben Hill, Rev* William Hooper, n Col". Ebenz'. Smith, Daniel Bedee, Esq'. y Mr. Nath'. Shannon, y Mr. Jon". Chesley, y Mr. Nicholas Austin, n David Page, Esq'. n Mr. Eben' Cummings, n Mr. Daniel Bixby, n Lieu'. John Hall, y Deac". W". Hunt," n Timothy Taylor,' Esq'. n 40 30 30 so 17 5083383020 40 30 II IIII I II II I I II I I II I I . III II I I I II1III ¦ I tn H>WO S!W en X1—4 Bedford,Goffstown, Holles, Amherst, Raby & Mason, New Ipswich, Francestown, Wilton, Lyndeborough,Temple & Peterbor" Slip, Peterbor" & Society Land, Hancock, Antrim & Dearing, Hinnekar & Hillsborough, New Boston, Weare, Hopkinton, Dunbarton & Bow, Salisbury,Boscawen, Fishersfield, Sutton & Warner, New London, Andover & Gore, Charlestown, Alstead, Keene, Swanzey,Richmond, Jaffrey, Winchester, Westmoreland, Chesterfield,Rindge, Mr. Stephen Dole, n Mr. William Page, n Cap'. Daniel Kindrick, n Joshua Atherton, Esq'. n Deac° Amos Dakin, y Cap'. Charles Barrett, n Mr. Thomas Bixby, n Mr. William Abbott, y Doc'. Benj". Jones, n Deac" John Cragin, n Maj'. Nathan Dix, Mr. Evan Dow, (I i)Mr. Robert B. Wilkins, y John Cochran, Esq'. n Mr. Jonathan Dow, n Mr. Joshua Morss, y Mr. Jacob Green, n (12) Col" Ebenezer Webster, Col° Joseph Gerrish, y Nath' Bean, Esq'. n (i3)Benj" West, Esq'. y Cap'. Oliver Shepherd, y (i4)Rev* Aaron Hall, y Maj'. Elisha Whitcomb, y Mr. Jon". Gaskill, n Mr. Abel Parker, n Cap'. Moses Chamberlain, y Mr. Archelaus Temple, y Doc'. Solomon Harvey, n Cap'. Othniel Thomas, n 7680 100 80 116120120104110IIO124120140104104IOO 72 112 92 124 200 200200 170190144 208200200 150 J I I 26 17 40 30 5850 30 42 35 48 3025 17 55 1610 18 56 6060658060807670 60 I I I I I IIII II I' I I IIIIII Oa > ooo•z.1 >^ ¦a in >,t^ M Si Xl ^ N >^ 192192 OJc T3 IU 3 H I .1 fe I T3 \-3 'a CO I -a a3 CO I rt T3 a0 § I (L) I V a XI iU I XI £3 H I rt 13 fe I XI CJ XI £3 H XI -H 3 rt to Walpole, 1 (i5)Gen'. Benj" Bellows, XMr. Aaron Allen, y 56 I I I I Claremont, Deac". Matthias Stone, n 200 I I I 1 I I I I I I 55 I Cornish & Grantham, (i6)Gen'. Jonathan Chase, y 210 I I I I I 1 I I I I 60 I Newport & Croyden, Mr. John Remmele, n 45 Acworth, Lempster & Marlow, Daniel Grout, Esq'. n 200 , I I I I I I I 1 1 54 I Wendall & Unity, Mr. Moses True, n 39 Surry &Gilsom, Col°. Jonathan Smith, 190 I I I I I I I I I I 60 I Stoddard & Washington, Thomas Pinneman, Esq'. n 180 . I I I I I I I I I 42 I Dublin & Packersfield, Sam'. Griffin, Esq'. y 160 I I I I I I I I I 55 Marlborough, Mr. Jedediah Tainter, n 160 I I I I I I I I I 6c. I Fitz William, L'. Caleb Winch, n 160 I I I I I I I I I 70 I Plainfield, Maj'. Joseph Kimball, y 230 , . I I I I I 70 , Hinsdale, Mr. Uriel Evans, 220 I I I I I I I I I I . . . jrrotectwortn, Holderness, Campton & Thorn ton, Hon'. Samuel Livermore, y 174 I I I I I I I I I I 47 I I I I C/) >Ht^ O w OJa HHW Plymouth, Rumney & Went worth, New Chester, Alexandra & Cockermouth, Enfield, Canaan, Cardigan, 5 Dorchester & Grafton, \ Hanover,Lebanon, Lyme & Orford, Haverhill, Piermont, Warren ) & Coventry, i Lincoln & Franconia, Bath, Lyman, Landaff, Little ton & Dalton, Lancaster, Northumberland, Stratford, Dartmouth, Pier cy, Cockburn & Coleburn ad,)ier- > (17) Francis Worster, Esq'. y Mr. Thomas Crawford, y Jesse Johnson, Esq'. y Jonathan Freeman, Esq'. y Col". Elisha Payne, y Wm. Simpson, Esq'. y Col". Joseph Hutchins, n Cap'. Isaac Patterson, y Maj'. Samuel Young, y Cap'. John Weeks, y 168 166180 200236 284 340 4444 so6256808085 IOO 150 [On the margin.] 113 returned 5 absent 108. OC 2!>O >^oo<; w 2!Hoz BIOGRAPHICAL NOTES BY THE EDITOR. [The editor would have been pleased to give brief sketches of all the delegates in the foregoing list, had the means of domg it been at his command. The sketches that follow are gathered from such sour ces of information as were accessible, and may be relied on as essen tially correct. Many names in this list are also found among the repre sentatives in the convention to revise the constitution in 1 791-2. Of a portion of these, with many others, sketches will be appended to the journal of that convention. — Ed.] (i) John Langdon, Esq., one of New Hampshire's most distinguish ed citizens, was born in Portsmouth, 1740 ; son of John L. and grand son of Tobias Langdon. He was one of the party which siezed Fort WiUiam and Mary, at New Castle, 1774, and carried away the powder and military stores ; a delegate to the continental congress in 1775 and 1776 ; representative and speaker of the house of representatives, N. H., 1776 and 1777 ; he forwarded the expedition, under Gen. Stark, tc) cut off Burgoyne's march, 1777 ; judge of the court of common pleas ; in 1779 he was continental agent in New Hampshire for building of public ships ; and again delegate to congress, in 1783. In 1784-5, he was a member ofthe N. H. senate, and in the latter year was president ofthe state, and in November, 1788, was elected senator of the United States, and was the first president, /^-^i tem., of that body under the federal constitution. He served in the senate two terms. From 1805 to 1808, and again in 1810 and 181 1, he was governor of the state. Governor Langdon was eminent for his personal dignity, his patriotism, his ca pacity for offices of high honor and trust, and for his religious rever ence and devotion. He was a member of the first church in Ports mouth. An excellent portrait of him is in the council chamber of the state. He died Sept. 18, 1819, aged 7S. (See Allen's Biog. Die, and JV. H. State Pap., Vols. VII and VIIL) (2) Pierce Long, Esq., first appears in the provincial records as an active and influential member of the 4th provincial congress, at Exe ter, May, 1775, and again in December of that year. In 1776 he had command of the forces to defend the harbor and fortresses of the Pis cataqua ; in November, 1777, he marched his regiment to Ticonderoga. He often represented the town of Portsmouth, and filled many ofiices, military and civil, with fidelity and honor. BIOGRAPHICAL NOTES, (3) John Taylor Gilman, Esq., of Exeter, was son of Nicholas Gil man, who married Ann Taylor, a daughter of Rev. John Taylor, of Mil ton, Mass. He was born Dec. 19, 1753. With only the advantages of a common academic education, he rose to distinction in all the public offices of the state. The morning after the news of the battle of Lexing ton, he marched as a volunteer, with a hundred others, to Cambridge. In 1782 he was a member of congress; in 1783, treasurer of the state, and again in 1791-93. He filled the office of governor from 1794 to 1805; was again elected in 1813, 1814, and 1815. His long and use ful services were gratefully acknowledged by the legislature in a farewell address. Politically he was known as a federalist. He died in Exeter, September, 1828, aged 74. (4) Col. Daniel Runnels, or Reynolds, of Londonderry, served as captain in Col. Nichols's regiment at the battle of Bennington, also as captain in Col. Peabody's regiment in Rhode Island in 1778. He was representative from Londonderry, and an able and distinguished citizen. (5) Rev. Samuel Langdon, d.d., of Hampton Falls, was first set tled in the North Church at Portsmouth twenty-seven years ; then presi dent of Harvard college from 1774 to 1780. Eminent for learning, pa triotism, and piety, he deceased Nov. 29, 1797, aged 75. (6) Hon. Josiah Bartlett, Esq., takes rank with the most eminent of New Hampshire's sons. He was born in Amesbury, Mass., in 1729, — son of Stephen Bartlett. In his profession of medicine he acquired distinction, but was called from a successful practice to fill ofiices of trust and honor in the state and in the national congress. He was one of the signers of the Declaration of Independence, July, 1776; chief justice ofthe court of common pleas (N. H.), 1779; justice of the su perior court, 1784, — chief justice in 1788. In 1790 he was chosen by the legislature president of New Hampshire, and in 1791 he was elected to the same office by the people ; and, under the revised constitution, he was chosen governor, 1792. He was the chief original founder and president ofthe New Hampshire Medical Society, 1791. He died sud denly, of a paralytic affection. May 19, 1795, aged 65. (7) Thomas Bartlett, Esq., of Nottingham, was among the lead ing patriots of Rockingham county. Aside from offices of minor grade, he was captain of the 5th company of "six weeks men" at Winter Hill in 1775 ; lieutenant-colonel in Col. Gilman's regiment at Rhode Island in 1778 ; from May, 1778, to January, 1779, a member of the Committee of Safety ; colonel of one of the New Hampshire regiments for the defence of West Point in 1780. Under the law of 1792, he was made brigadier-general of the third brigade of New Hampshire militia. He was representative to the fourth provincial congress at Exeter, May, 1775, 3^id one of the committee to remove the public records from Portsmouth to Exeter in June, 1775. After the Revolution, he was speaker of the house of representatives and justice of the court of com mon pleas. He died June 30, 1807, aged 59. (8) Dr. Ezra Green, of Dover, was born in Maiden, Mass. ; gradu ated at Harvard college, 1765 ; joined the army under Col. James Reed, 1775 ; in June that year was appointed surgeon, and served on land till 10 state of NEW HAMPSHIRE. April, 1778. He was then appointed surgeon on board the ship Ranger, unde; command of Capt. John Paul Jones. Retiring from service in 1781, he settled at Dover as a merchant. He died greatly respected July 25, 1847, aged loi. (9) His Excellency John Sullivan, Esq., president of the conven tion, was the son of John Sullivan, and was born in Dover, in that part called Somersworth, in 1741. He was a brother of His Excellency James Sullivan, of Massachusetts. Both received their education from their father. John commenced the practice of law at Durham, where he continued his residence till his death, and where his remains are in terred. He early evinced a military spirit, and was one of the brave band that seized Fort William and Mary atNew Castle, 1774; was dele gate to congress, 1774-75, and in the latter year was appointed briga dier-general in the army of the Revolution, and in 1779, a major-general. He was in command at Winter Hill, 1775; in Canada, 1776; distin guished in the battle of Brandywine and Germantown, 1777; com manded the army in Rhode Island, 1778 ; and was at the head of the expedition against the Western Indians in 1779. Filling numer ous offices in the state, as agent to settle the disputed bounds of the New Hampshire grants, attorney -general, etc., in 1786 and 1787 he was chosen president of New Hampshire. In 1789 he was a presidential elector, and again that year chosen president of the state. He was ap pointed judge of the district court of New Hampshire by Washington, 1789, which office he held till his death, Jan. 23, 1795, at the age oi 54. See an admirable portrait of him in council chamber, Concord, painted from a sketch by Col. Trumbull. (10) Hon. Joseph Badger, Esq., son of Capt. Joseph Badger, an early settler in Gilmanton, was born in Bradford, Mass., Oct. 23, I746._ He was a man of great military ardor, and held offices in the militia for thirty years, passing from the rank of captain to that of brigadier-gen eral. He was present at the capture of Burgoyne in 1779. After the war he served the town of Gilmanton as representative, and was a coun cillor six years, — 1784, 1790-92, 1795-96. He was one of the founders of Gilmanton Academy, gave the land on which it is located, and super intended the erection ofthe building. He died Jan. 15, 1809, aged 62. The late Governor William Badger was his son. {Hist, of Gilmanton.'\ (i i) Mr. Robert B. Wilkins, of Henniker, a native of Amherst, en tered the army at the age of 16, and was in the battle of Bunker Hill — wounded ; in the Continental army, in Col. Scammel's regiment, he was promoted to a lieutenancy. He served under Gen. Lafayette, of whom he was a great admirer. On his visit to Concord, in June, 1825, the general met Lieut. Wilkins, and recognized him. Receiving a pension from the government, he spent the later years of life with his family in Concord, but died In Boston, August, 1832, aged 77. (12) Col. Ebenezer Webster, of Salisbury, was the father of Hon. Ezekiel and Daniel Webster. He was born in Kingston in 1740. Set tling in Salisbury, he served in the "seven years war" against the French and Indians ; in the revolution was captain of a company ; in 1785-89 was a state senator, and also 1790-91. He was a judge of the court of common pleas for Hillsborough county from 1791 to 1806. biographical notes. II It does not appear that he voted on the adoption of the constitution. He died in 1806, aged 67. (13) Benjamin West, Esq., of Charlestown, was son of Rev. Thom as West, and brother of Rev. Dr. Samuel West, of Boston. He was born April 8, 1746, graduated at Harvard college, 1768. He resided in Charlestown more than forty years in the practice of law, and died July, 1817, aged 71. He ranked among the first of his profession. (14) Rev. Aaron Hall, of Keene, a native of Cheshire, Ct., born in 1751, was a graduate of Yale college, 1772, ordained Feb. ig, 1778, died August 12, 1814, after a ministry of thirty-six years, aged 63. (15) Gen. Benjamin Bellows, of Walpole, son of Col. Benjamin, was born October 6, 1740. He was greatly respected as a citizen, and honored with many public offices, — as representative, senator, and councillor. He was president of the electoral college when George • Washington was elected president in 1789, and again in 1797, when John Adams was elected. In the revolution he commanded a regi ment ; was present at the surrender of Burgoyne. He died in Walpole, June, 1802, in the 62d year of his age. (16) Gen. Jonathan Chase was a leading citizen of Cornish. In 1771 he petitioned Gov. John Wentworth for confirmation of a grant of an island in the Connecticut river between Cornish and Windsor. In 1776 he was allowed three barrels of powder, to be used in defence of the frontiers. Having the commission of colonel, he was also mus ter-master for the pay of his regiment, 1776, and in 1778 for reinforc ing the northern army. In 1781 he petitioned for liberty to raise a company of sixty men, to be employed as scouts, for the defence of the western frontiers. In the disputes with Vermont about the New Hampshire grants, he was appointed by the town of Cornish, March g, 1779, as their agent to attend a convention in Dresden, on the 20th of July; and at an adjourned meeting, Aug. 30th, the same year, the vot ers present unanimously rejected the plan of government for the state of New Hampshire, which was sent to them. He attended a conven tion, on the same matter, at Walpole, Nov. 15, 1780, and another at Charlestown, Feb. 7, 1781. (17) Francis Worcester, Esq., who represented Plymouth, Rum ney, and Alexandria, as classed towns, was a native of Hollis. He is called "Deacon," and was settled in Plymouth. In 1776 he was coro ner for Grafton county; in 1777, was chairman of the town committee of safety; in 1777-79, representative to the general assembly, and an efficient member, filling various offices with ability and promptness ; in 1780-82, a councillor. He was a member of the constitutional conven tions in 1778 and 1781, and ofthe federal convention in 1788. [p. 17.] STATE OF NEW HAMPSHIRE. A Journal of the proceedings of the Hon''^ Conven tion ASSEMBLED AT THE CoURT HoUSE IN ExETER, ON Wednesday the thirteenth day of February, A. D. 1788, for the investigation, discussion and decision of the Federal Constitution. Wednesday, FeV. 13, 1788. About fifty members being assembled, they proceeded to the choice of a chairman, and the Honb'. Josiah Bartlett, Esq'', was chosen. The Honb' Sam' Livermore, the Honb' John Taylor Gil- ' man, & Benjamin West, Esqr^ were appointed a Committee to receive the returns of members elected ; they were also appointed a Committee to prepare and lay before the Con vention such rules as they shall judge necessary for regulate ing the proceedings in said Convention. Adjourned to 10 o'clock to-morrow morning. Thursday, Feb^ I4«>, 1788. The Convention met according to adjournment. About one hundred members present : Motion was made for the choice of a Secretary for the Convention, and the ballots being taken John Calfe Esq"^. was chosen for that purpose, and sworn to the faithful dis^ charge of the trust reposed in him. [p. 18.] Motion was then made for the choice of a Presi dent, and the ballots being taken, his Excellency John Sul livan, Esq^ was chosen President. Voted, that Mr. Livermore, Mr. Gilman and Mr. West be a Committee to examine the returns of the Elections of the several members of the Convention and report thereon. The Convention being informed that there were two per sons returned as members to said Convention from the Town of Newington, and after examining said returns and enquir ing into the matter, agreed to postpone the determination thereof until the afternoon. Adjourned to 3 o'clock P. M. then to meet at the Meeting House in Exeter. journal of convention, 13 Met according to adjournment. The Committee appointed to prepare rules for regulating the proceedings in Convention reported the following, viz. [p. 19.] I''. That as it is essential to the public interest, so it shall be considered and enjoyned as the Incumbent duty of each member of this Convention seasonably and punctually to attend in his place and not absent himself without leave. 2'!. That freedom of deliberation, speech and debate in the Conven tion be allowed to each member thereof; yet no member shall by speech or behaviour in Convention give just occasion of offence to another. 3*'. That any member disposed to make a motion or speak to a mat ter in debate, shall rise from his seat and address the President ; but on being called to order by the President, he shall be silent ; yet if such silenced member shall conceive himself injured thereby, the President shall take a vote of the Convention thereon, and such mem ber shall submit to their determination. 4"'. No member shall speak more than twice to any subject in debate until each member have an opportunity to offer his opinion. S'^. No motion from one member shall be received or debated unless seconded by another. 6"'. When a motion is regularly before the Convention, it shall at any time, at the request of a member be reduced to writing by the person making it. [p. 20. J 7"!. On the question for adopting the federal Constitution, and on that only, the yeas and nays may be taken if desired by a member. 8"". When it shall appear that any person returned is not legally chosen, he shall be dismissed. g"". That in determining any question the votes of a majority of the members present shall be necessary, excepting such members as may by consent of the Convention be excused from voting, on their giving satisfactory reasons therefor. lo"». That a motion to postpone any Question or to adjourn shall take place of any other motion. 1 1"". That no vote be reconsidered when there is a less number of members present, than there was at passing the same : Which Report was read and considered, received and accepted. Resumed the consideration of the returns from Newing ton, and came to the following vote : [p. 21.] Voted, That in order that the Convention may as certain whether it is the sense of the Inhabitants of New ington that Ephraim Pickering Esq"^ or Benjamin Adams, Esq^ should represent them in this Convention, That the Selectmen of Newington be requested to notify a meeting of the voters in said Town on Monday next, to ballot for such of those two Gentlemen as they may think proper, and make return thereof in common form. 14 state of new HAMPSHIRE. Motion was made to proceed to the consideration of the proposed federal Constitution ; which being read, it was agreed to proceed to the investigation by paragraphs. Article i^'. On Section i^' no debate. — After some debate on the 2"' Section, agreed to adjourn to 9 o'clock to-morrow morn ing. Friday, Feb'. IS'^ 1788. The Convention met according to adjournment. Resum ed the debate on the 2* Section in Article i^', respecting biennial Elections, and after much debate, adjourned to 3 o'clock P. M. Met accordingly. [p 22.] Proceeded to the consideration of the 3'' Section of the first Article. Considered y« 3", 4* S**, 6'^ and ¦j'^ Sections. Adjourned to 9 o'clock to-morrow morning. Saturday, FeV. le''' 1788. The Convention met according to adjournment. Proceeded to the consideration of the 8* section of the i^* Article, and after much debate thereon, adjourned to half past 2 o'clock, P. M. Met according to adjournment, and resumed the consider ation of the 8"' section, and debated largely thereon. Adjourned to Monday next at 9 o'clock, A. M. Monday, Feb^ I8t^ 1788. The Convention met according to adjournment. Proceed ed to the further consideration of the 8*'' section, and after much debate thereon agreed to adjourn to 3 o'clock P. M. Met accordingly : — Proceeded to the consideration of the 9**^ Section : — after some debate thereon proceeded to the 10'" section. [p. 23.] Adjourned to 9 o'clock to-morrow morning. Tuesday, FeV. 19* 1788. The Convention met according to adjournment. Proceed ed to the consideration of the Second Article, and after some debate on the several sections and paragraphs, pro ceeded to the consideration of the third Article. Adjourned to 3 o'clock, P. M. JOURNAL OF CONVENTION. 1 5 Met accordingly: — Resumed the consideration of the Third Article, and after debating on the first and second Section, adjourned to 9 o'clock to-morrow morning. Wednesday, Feb''. 20"' 1788. The convention met according to adjournment. Resumed the consideration of the Second section in the third Article. Adjourned to 3 o'clock, P. M. Met accordingly. Proceeded to the consideration of the fourth, fifth and sixth Articles, and after some debate respecting a Religious test, adjourned to 9 o'clock to-morrow morning. [p. 24.] Thursday, FeV. 21^', 1788. The Convention met according to adjournment. — Re sumed the consideration of the last paragraph in the Sixth Article, and after much debate thereon proceeded to the consideration of the remainder of the proposed Constitu tion ; — after which motion was made to proceed to general observations on the said Constitution : but a motion for ad journment taking place, the general observations were post poned until the afternoon. Adjourned to 3 o'clock P. M. Met accordingly. Proceeded to general observations on the Constitution. Adjourned to 9 o'clock to-morrow morning. Friday, Feb'. 22"', 1788. The Convention met according to adjournment. A mo tion was made & seconded that the Convention adjourn to some future day ; but the determination was postponed until [p. 25.] some general observations were made. The question was put, and it was voted to adjourn to some future day. Voted, That when the Convention adjourn, that it be to meet again at Concord on the third Wednesday in June next. Voted, That the Convention now adjourn. J 6 state of new HAMPSHIRE. STATE OF NEW HAMPSHIRE. Wednesday, June I8*^ 1788. The Convention met according to adjournment at Con cord in said State. Several persons appeared and produced certificates of their being elected members of the Convention ; — some of which were from Towns which had before made returns of other persons, who had been admitted to a seat in Conven tion at Exeter ; and after much debate thereon came to the following votes : — Voted, That it is the opinion of this Convention that Mr. Allen returned by the Town of Walpole was not legally elected a member of Convention. [p. 26.] Voted, That it is the opinion of this Convention, that Mr. Fowler returned by tbe Town of Boscawen was not legally elected a member. Adjourned to 9 o'clock to-morrow morning. Thursday, June 19*'', 1788. The Convention met according to adjournment. Motion was made to appoint a Committee to consider of and report such amendments as they should judge necessary to be pro posed in alteration of the Constitution : — which motion was postponed for the further discussion of the Constitution : — And after some debate Adjourned to 3 o'clock, P. M. Met accordingly. Proceeded to a general discussion of the Constitution. Adjourned to 8 o'clock to-morrow morning. [p. 27.] Friday, June 20*^ 1788. The Convention met according to adjournment. Resum ed the motion of yesterday for a Committee & Voted, That Mr. Langdon, Mr. Bartlett, Mr. Badger, Mr. Sullivan, Mr. Atherton, Mr. Dow, Mr. Bellows, Mr. West, Mr. Livermore, Mr. Worster, Mr. Parker, Mr. Pickering, Mr. Smith, Mr. Hooper, and Mr. Barrett, be a committee to consider of and report such articles as they shall think prop er to be proposed as amendments to the Federal Constitu tion, and lay the same before this Convention. Adjourned to 3 o'clock P. M. Met accordingly. JOURNAL OF CONVENTION. 1 7 The Committee to consider of and report such Articles as they should think proper to be proposed as amendments to the Federal Constitution Reported as follows : (viz.) First, That it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid Constitution, are reserved to the several States to be by them exercised. [p. 28.] Secondly, That there shall be one representative to every thirty Thousand persons according to the census mentioned in the Con stitution until the whole number of Representatives amounts to two hundred. Thirdly, That Congress do not exercise the powers vested in them by the fourth section of the first Article, but in cases when a State shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress ; nor shall Congress in any case make regulations contrary to a free and equal Representation. Fourthly, That Congress do not lay direct Taxes but when the money arising from the Impost excise and their other resources are insufficient for the public Exigences ; nor then until Congress shall have first made a requisition upon the States to assess, levy and pay their respective proportions of such requisitions, agreeably to the [p. 29.] Census fixed in the said Constitution, in such way and man ner as the Legislature of the State shall think best ; and in such case, if any State shall neglect, then Congress may assess, and levy such State's proportion, together with the Interest thereon at the rate of six pr Cent, pr Annum, from the time of payment prescribed in such requisition. Fifthly, That Congress erect no company of Merchants with exclu sive advantages of Commerce. Sixthly, That no person shall be tried for any crime by which ha may incur an infamous punishment or loss of life, until he be first indicted by a grand jury — except in such cases as may arise in the government and regulation ofthe land and naval forces. Seventhly, All common law cases between citizens of different states. shall be commenced in the common Law Courts of the respective States ; and no appeal shall be allowed to the federal Court in such cases unless the sum or value of the thing in controversy amount to three thousand dollars. [p. 30. J Eighthly, In civil actions between citizens of difTerent States, every issue of fact arising in actions at common Law shall be tried by a Jury, if the parties or either of them request it. Ninthly, Congress shall at no time consent that any person holding an office of trust or profit under the United States, shall accept a title of nobility, or any other title or office from any King, Prince, or foreign State. Tenthly, That no standing army shall be kept up in time of peace, unless with the consent of three fourths of the members of each branch of Congress; nor shall soldiers, in time of peace, be quartered upon private houses without the consent of the owners. Eleventhly, Congress shall make no laws touching religion or to infringe the rights of Conscience. 9 i8 STATE OF NEW HAMPSHIRE. Twelfthly, Congress shall never disarm any citizen unless such as are or have been in actual rebellion. Signed — John Langdon, for the Committee. [p. 31.] Which Report being read and considered was re ceived and accepted. Motion was then made by Mr. Atherton, seconded by Mr. Parker, That this Convention ratify the proposed Constitu tion, together with the amendments ; but that said Consti tution do not operate in the State of New Hampshire without said amendments. After some debate, motion was made by Mr. Livermore, seconded by Mr. Bartlett & others, to postpone the motion made by Mr. Atherton, to make way for the following mo tion, (viz.) That in case the Constitution be adopted, that the amendments reported by the Committee be recommended to Congress — which motion of Mr. Atherton being postpon ed, adjourned to 9 o'clock to-morrow morning. Saturday, June 21^', 1788. The Convention met according to adjournment. Resumed the consideration of Mr. Livermore's motion: — which being determined by the Convention in the afi&rmative, [p. 32.] Motion was then made by Mr. Atherton, seconded by Mr. Hooper, that the Convention adjourn to some future day ; but it was negatived. Motion was then made by Mr. Livermore, seconded by Mr. Langdon and others, That the main question be now put for the _ adoption of the Constitution ; — and the yeas and nays being called, were as follows : Yeas Mr. Langdon Mr. Pickering Mr. Long Mr. Gilman Mr. Blanchard Mr. Adams Mr. Weeks Mr. Goss Mr. Prescut Mr. Thurston Mr. Toppan Mr. Langdon Mr. Wiggin Mr. Fogg Yeas Mr. Rogers Mr. T. Bartlett Mr. Chadwick Mr. Gray Mr. Ghdden Mr. Calfe Mr. Bettan Mr. Moody Mr. Green Mr. Sullivan Mr. Carr Mr. Hale Mr. Bedee Mr. Shannon Yeas. Mr. Wilkins Mr. Morss Mr. Gerrish Mr. West Mr. Shepherd Mr. Hall Mr. Whitcomb Mr. Chamberlain Mr. Temple Mr. Bellows Mr. Chase Mr. Griffin Mr. Kimball Mr. Livermore JOURNAL OF CONVENTION. 19 Mr. J. Bartlett Mr. Stow Ranney Mr. Chesley Mr. Hall Mr. Dakin Mr. Abbott. 57 YEAS. [P- 33-] Mr. Mr.Mr.Mr. Mr.Mr. Mr.Mr.Mr. Mr.Mr. Mr. Mr.Mr. Mr. Mr. Nays Runnels McMurphy B. Clough Sias J. Clough Smith Emery Fifield Chase Sleeper B. Stone Dow Steward PalmerHarper Badger. Nays Mr. Hooper Mr. Austin Mr. Page Mr. Cummings Mr. D. Bixby Mr. Hunt Mr. Taylor Mr. Dole Mr. Page Mr. Kindrick Mr. Atherton Mr. Barrett Mr. T. Bixby Mr. Jones Mr. Cragin Mr. Cochran. Mr. Worster Mr. Crawford Mr. Johnson Mr. Freeman Mr. Payne Mr. Simpson Mr. Patterson Mr. Young Mr. Weeks. Nays Mr. Jon" Dow Mr. Green Mr. Bean Mr. Gaskill Mr. Parker Mr. Harvey Mr. Thomas Mr. M. Stone Mr. Remmelee Mr. Grout Mr. True Mr. Penniman Mr. Tainter Mr. Winch Mr. Hutchins STATE OF NEW HAMPSHIRE. 47 Nays. In Convention of the Delegates of the People of the State of New Hampshire, June 21^*, 1788 : — The Convention having impartially discussed and fully [p. 34.] considered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and sub mitted to us by a Resolution of the General Court of said State passed the fourteenth day of December last past, and acknowledging with grateful hearts the Goodness of the Su preme Ruler of the Universe in affording the People of the United States, in the course of his Providence, an opportu nity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, pro mote the general welfare and secure the blessings of Liber ty to themselves and their posterity. Do in the name and in behalf of the people of the State of New Hampshire, as- 20 state of NEW HAMPSHIRE. sent to and ratify the said Constitution for the United States of America ; and as it is the opinion of this Convention, [p. 35.] that certain amendments and alterations in the said Constitution would remove the fears and quiet the appre hensions of many of the good people of this State, and more effectually guard against an undue administration of the federal Government, the Convention do therefore recom mend that the following alterations and provisions be intro duced into the said Constitution : First, That it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid Consti tution, are reserved to the several States to be by them ex ercised. Secondly, That there shall be one Representative to ev ery thirty Thousand persons according to the Census men tioned in the Constitution, until the whole number of Rep resentatives amounts to two hundred. Thirdly, That Congress do not exercise the power vested in them by the fourth Section of the first Article, but in cases when a State shall neglect or refuse to make the reg- [p. 36.] ulations therein mentioned, or shall make regula tions subversive of the rights of the people to a free and equal representation in Congress, nor shall Congress in any case make regulations contrary to a free and equal repre sentation. Fourthly, That Congress do not lay direct Taxes but when the money arising from the impost excise and their other resources are insufficient for the public exigencies ; nor then, until Congress shall have first made a requisition upon the States to assess, Levy and pay their respective proportions of such requisition agreeably to the census fixed in the said Constitution, in such way and manner as the Legislature of the State shall think best ; and in such case if any State shall neglect, then Congress may assess and Levy such States proportion, together with the interest thereon at the rate of six pr. cent pr. Annum from the time ol payment prescribed in such requisition. [P- 37] Fifthly, That Congress erect no company of Mer chants with exclusive advantages of commerce. Sixthly, That no person shall be tried for any crime bv which he may incur an infamous punishment or loss of life, until he be flrst indicted by a grand jury-except in such JOURNAL OF CONVENTION. 21 cases as may arise in the government and regulation of the land and naval forces. Secondly, All common law cases between citizens of dif ferent States shall be commenced in the Common Law Courts of the respective States, and no appeal shall be al lowed to the federal Courts in such cases, unless the sum or value of the thing in controversy amount to three hundred? dollars. Eighthly, In civil actions between citizens of different States, every issue of fact arising in actions at common Law, shall be tried by a jury if the parties or either of them request it. Ninthly, Congress shall at no time consent that any per son holding an office of trust or profit under the United [p. 38.] States, shall accept a title of nobihty or any other title or office, from any king, prince or foreign State. Tenthly, That no standing army shall be kept up in time of peace, unless with the consent of three fourths of the members of each branch of Congress ; nor shall soldiers in a time of peace, be quartered upon private houses without the consent of the owners. Eleventhly, Congress shall make no Laws touching re ligion or to infringe the rights of conscience. Twelfthly, Congress shall never disarm any citizen, un less such as are or have been in actual rebellion. And the Convention do, in the name and in behalf of the people of this State enjoin it upon their Representatives in Congress, at all times, until the alterations and provisions aforesaid have been considered, agreeably to the fifth article of the said Constitution, to exert all their Influence and use all reasonable and legal methods to obtain a Ratiflcation of the said alterations and provisions in such manner as is pro vided in the said article. [p. 39.] And that the United States in Congress Assem bled may have due notice of the assent and ratification of the said Constitution by this Convention : — It is Resolved, That the assent and ratification aforesaid, be engrossed on parchment, together with the recommenda tion and Injunction aforesaid, and with this Resolution ; and that John Sullivan Esq"^. President of Convention, and John Langdon, Esq"". President of the State, transmit the 22 STATE OF NEW HAMPSHIRE. same countersigned by the Secretary of Convention and the Secretary of the State under their hands and seals, to the United States in Congress assembled * JOHN CALFE, Secretary. [Dr. Belknap, in his history of New Hampshire, says, — "This was the ninth St'Site in the union which accepted the Constitution; and thus the number was completed which was necessary to put in motion the political machine." — Ed.] *The adoption and ratification of the Constitution, by the Convention of the people of New Hampshire, was the occasion of great joy to all the friends of the Union throughout the Country. It was announced to Gov. John Hancock, of Massachusetts, in a letter, by Presi dent Sullivan, as follows : Concord, June 3i, 1788. Sir — I have the honor to inform your Excellency, by favour of Mr. Reed, who is obliging enough to forward this letter, that the Convention of this state have this moment adopted the New Constitution — yeas 57, nays 46 [47]. The amendments recommended, nearly the same as in your state. With every sentiment of respectful attachment, I have the honor to be Your Excellency's Most obedient servant, John Sullivan. [See Hist, qf Concord, p. 302.] JOXJUNA-L CONVENTION WHICH ASSEMBLED, EST CONCORD, TO REVISE THE CONSTITUTION OF NEW HAMPSHIRE, 1791-1792. {A LIST OF THE NAMES of the Members of the Convention of the State of New Hampshire, chosen to revise the Constitution of said state — met at Concord in said state, on Wednesday the 7th day of September, 1791.] 2,3-] Names of Towns and places represented. Portsmouth (0 (2) (3) (4)(S) (6)(7) ExeterLondonderry Chester Newington Greenland Rye North Hampton Hampton Hampton Falls brook Stratham Kensington South Hampton & East Kings'" Kingstown * It is evident Names of Representatives. & (8)(9) Sea- John Pickering, Esq'. Edward S. Livermore, Esq'. Daniel Humphreys, Esq'. Doct'. Sam' Tenney James MacGregore, Esq'. Joseph Blanchard, Esq'. Eph™ Pickering, Esq'. Mr. George Brackett Mr. Nathan Goss Moses Leavitt, Esq'. Christopher Toppan, Esq'. Nathl H. Dod^e Col. Jon". Robinson Jeremiah Fogg, Esq'. SO H HO >^w sw H Brentwood 4.5-] Epping (io) New Markett Nottingham (ii) DeerfieldEpsom (12) Northwood & Allenstown Chichester &Pitsfield (13) Canterbury (14) Northfield LoudonConcord (15) Pembrook (16) CandiaRaymond and Poplin Hawke & Sandown Hampstead (17) Atkinson & Plastow (18) 6,7-] Salem Wyndham Pelham (19) Dover (20) Durham (21) SommersworthRochester Barrington Sanbornton Gilmantown Tho». Stow Ranney, Esq'. William Plummer, Esq'. Nathl Rogers, Esq'. Joseph Cilley, Esq'. Joseph March, Esq'. John McClary, Esq'. Jonathan Clark, Esq'. Benj". Sias, Esq'. Abiel Foster, Esq'. Mr. Enoch Wood Timothy Walker, Esq'. Col". Nath' Head Col°. Nath' Emerson Jonathan Swain, Esq'. Mr. Timothy Tilton John Calfe, Esq'. Nath' Peabody, Esq'. Mr. Amos Dow Mr. James Davidson James Gibson, Esq'. John Waldron, Esq' Ebenz' Thompson, Esq'. Daniel Rawlings, Esq'. Mr. Barnabas Palmer Doct. James How Mr. Isaac Waldron William Harper, Esq'. (23) Thomas Cogswell, Esq'. lo 22) 40 nl yi yi ni yi yi yi nl ni yi n 32 yi yi VI ni yi yi yi yi ni ni n 38 ni yi yi yi yi yi yi yi ni yi n 24 nl ni I I I . I I I I y 18 ni yi I yi yi yi yi y ni yi n 16 ni ni I I I ni ni ni yi yi n 24 nl nl 1 I r ni ni ni ni y n 20 ni ni I I I ni ni ni ni yi y 8 nl ni yi I I yi yi nl ni yi n 12 n. I I I nl ni ni ni yi n 0 ni ni ni nl nl nl ni ni ni ni n 6 ni ni ni ni yi nl ni ni ni nl n 22 ni ni I I I ni ni I ni ni n 28 ni ni ni ni yi ni yi ni ni ni y 30 ni ni ni ni yi nl yi ni ni ni n 30 ni ni ni ni yi ni ni ni ni ni n 36 ni nl yi ni nl nl ni yi yi ni • 38 yi nl nl ni yi nl ni nl ni yi n 40 ni ni ni ni yi ni ni ni ni nl n 40 ni nl nl ni yi nl ni ni ni ni y 42 ni yi ni ni ni yi yi yi ni yi n 40 ni yi yi ni yi yi yi yi ni yi n 53 ni nl nl ni yi ni nl nl ni yi n 50 ni ni ni ni yi yi yi yi ni yi y 50 ni ni yi yi yi yi yi y 1 yi n 44 ni nl nl nl yi nl ni ni ni yi n 20 ni ni I I I I yi ni yi I n 20 ni ni ni I I nl nl ni yi UI n o >t-l o n o <)wz O to List of Metnbers — continued. > -M Si- \ 0-k Names of Towns and places represented. Names of Representatives. a>s . OJ m OSrt a 0) ? . AT3 0 0 ¦§5 3 3 -a a cfl xJ ¦OS b ¦a 3 2; S tx, 33 0 3 rt Lee Mr. Nath' Clough 37 ni ni yi yi yi nl ni ni ni yi n n y y y y y y Madbury (24) Rev* Wm. Hooper 40 ni ni yi ni I ni ni ni ni yinnyyyyy. i I Meridith & New Hamp ton (25) Ebenezer Smith, Esq'. 30 ni ni I I I . I I I I . nn y y n y n i Sandwich (26) Dan' Beede, Esq'. SO ni ni yi yi yi ni ni ni ni yi ny n y yyy . i Tamworth Moultonboro' &c. 8,9.] Barnstead (27) Col° Nathan Hoit 50 yi ni yi ni yi ni ni n. ni yi . . . . yyyy I Mr. Charles Hodgdon 18 nl nl I I I ni ni ni ni ni y y n y yyyn i New Durham, &c. Thomas Tash, jun. Esq'. 43 yi ni yi ni yi ni ni ni nl yi n n y n y yyn I Wakefield &c. (28) David Copp, Esq'. 48 yi ni yi yi yi yi yi yi ni yi yyyy n ny y i Conway, &c. {29) Col" David Page 83 ni I yi ni yi ni nl ni ni yi nnn y yyyy i Nottingham West Litchfield Mr. Robert Parker 30 ni nl I I I ni nl nl ni nl n y n . yy -y i Dunstable Mr. David Alld 38 nl nl ni I yi ni ni ni nl yl y nn n ny n n Merrimac (30) Capt. Wm. Barron 27 ni ni ni ni yi ni ni ni ni ni n n n y yyyy i Bedford (31) Zechariah Chandler, Esq'. 21 nl yi ni ni I nl yi ni ni yi y n ny yyyy i Goffstown Mr. William Page 17 ni yi I ni yi ni nl nl nl I . . y n y y • y i Holles (32) Daniel Emerson, Esq'. 39 nl ni nl yi yi nl yi yi ni nl ny n n n n n n 1 Amherst (33) Joshua Atherton, Esq'. 30 nx ni ni ni yi nl yi ni nl yi . .ny n u n n H > O W IT)tn Raby & Mason New Ipswich FrancestownWilton Lyndeborough 10, II.] Sharon & Temple PeterboroughHancock, &c. HinnekarHillsborough New Boston Hopkinton WeareDunbarton & Bow SalisburyBoscawen Warner Fishersfield & Sutton New London, Andover &c. Charlestown & Langdon (34) (35)(36) (37)(38) (39)(40)(41) Alstead Keene 12, 13.] Swanzey Richmond Jaffrey WinchesterWestmoreland Chesterfield Hinsdale (42) (43) Charles Barrett, Esq'. Mr. Jonathan Fisk William Abbott, Esq'. Peter Clark, Esq'. Mr. John Cragin Jeremiah Smith, Esq'. Mr. Daniel Nicols Robert Wallace, Esq'. Maj'. Benj" Pierce Mr. Josiah Warren Aaron Greeley, Esq'. Rev*. Amos Wood Maj' Caleb Starkl Rev* Jonathan Searls Nath' Green, Esq'. James Flanders, Esq'. Col" William Page Nath' Sartile Prentice Daniel Newcomb, Esq'. Elisha Whitcomb, Esq'. Mr. Rufus Whipple Mr. Roger Gilmore Mr. Reuben Alexander Archelaus Temple, Esq'. Mr. Eleazer Jackson 50 ni yi yi ni yi ni nl ni ni yi n n n y n n n n I I 30 ni yi nl ni yi ni ni ni ni yi n n ny y y y y 1 I 42 . nl I I I I nl nl nl yi n y ny n y . . I I 28 ni ni I I I • I ni nl yi n y «> y y y n I I 45 ni nl ni ni yi nl ni ni ni yi n n y n n n n n I I 45 ni yi y yi yi yi yi ni I yi n . n y y n . y . 3° ni nl I I I I I I nl nl n n y y y n n . . 20 ni ni I I I I I I yi nl n n n!y y y n n I I 30 ni ni I I I I I I yi ni n y n^y y y . n I I 25 ni nl I ni yi ni nl ni ni yi y n n|y y y y y I I 10 yi ni yi yi ni ni ni ni yi ni n n n;y n n n n I I 20 ni ni I I I ni nl yi yi yi n n ny n y n n I I 7 yi yi yi I . . . I I I . . yn y y y y I I 18 ni ni I I I ni ni yi ni yi n y ny n n n n . . 8 n yi ni yi ni ni ni I yi nl n n yn y n , n I I 18 y ni yi ni I ni nl nl I I • n y n • ' • • 60 ni yi yi ni yi yi yi ni ni ni n n n y y y y y 60 ni yi ni ni ni ni ni ni yi yi n n yiy n y n n 60 ni yi ni ni yi yi yi ni nl ni n ¦ yn • • n 70 ni ni ni ni nl yi yi ni ni ni n y ny y y y n 75 yi ni yi ni yi ni nl ni nl yi n y ny y y y n 58 ni yi nl ni yi ni ni ni ni yi n n ny y y y n 80 ni ni ni yi yi ni ni yi ni yi n y ny n n y n 76 ni yi yi ni yi ni ni ni yi nl n n y," n n n n 78 ni ni ni ni yi ai ni ni ni ni n n y n n n n n od> o nocr List of Members — continued. to 00 Names of Towns and places represented. Rindge (44) Walpole Claremont CornishNewport & Croydon Acworth, Lempster &c(45) Wendall & Unity Surry, Gilsom & Sullivan Stoddard & Washington Dublin & Packersfield 14. IS-] MarlboroughFitz William PlainfieldProtectworth & N. Gran tham Holderness, &c. (46) Plymouth & Rumney New Chester, &c. Names of Representatives. Col" Daniel Rand Mr. Andrew French Sanford Kingsbury, Esq'. Moses Chase, Esq'. Mr. Uriah Wilcox Capt John Duncan Lemuel Holmes, Esq'. Mr. Solomon Wardell Mr. Jedediah Tainter Mr. Nahum Parker Col" Joseph Kimball Sam' Duncan, Esq'. Sam'. Livermore, Esq'. Pres ident Doct' John Rogers Thomas Crawford, Esq'. \'% 64676060 46 53 65 56 6068 70 60 474744 a, in OJ I-" C . nininininini nlni nini niyiyi nn ny y nyn n nn ny a . O \s\ ri > tilO > It) tn £fa Enfield, &c. HanoverLebanon (47) Lyme & Dorchester Haverhill & Coventry Piermont & Warren Orford & Wentworth Bath, &c. Lancaster, &c. Jesse Johnson, Esq'. Jonathan Freeman, Esq'. Elisha Payne, Esq'. Capt. Jon" Franklin Col" Joseph Hutchins Wm. Tarlton, Esq'. Capt. Nath' White Capt. Peter Carlton Mr. Wm. Cargill SO636072 808262 100130 yi nini yi yi yi ni nlyiyi yi y- niyiinilyi nl nl yi ni I 1 nl ni ni ni I . , , , I ni ni ni nl ni ni yi n ny y n n n y I VI VI ni nl ni ni yi . y," y y y y y • nl VI nl ni ni ni yi y ny y y n y y I VI V I ni ni'ni ni y y;n n y y y y I ni nl ni ni nijyi yi y ny yn " n n I ni VI ni nljnl ni nl n i,y nnn n n I yi I yi ni ni ni ni I n ny ny y n I 108 members attended. p n Oi rt) to ON pj Ol ON M •Z p OvW .1^ 00 ^^ p n) ><; P 01 m Ln Ui OOM p fD N<: p ^1 1-1 vo '.ri p (D VJ P m tn .fa. tn p o -< p p n) ^ p tn M p m We] p tn tn 0^p n> ^ p tn tn p ff >-< M tn 3 "^l p nt v^ p ui tn [NOTE. On the last page of the foregoing list of names, &c., is the above minute of the number of yeas and nays each time they were called. — Ed.] TNOTE On a blank leaf of the Journal is the following minute in the hand-writing of the clerk, John Calfe, Esq., viz., "Travel 9376 miles ; amount of travel £156. 5. 4; attendance 1048 days."— Ed.] O a 2:>ooo'"'-="=' of Concortl, and pastor of the Congre- flnir^f ,? \ '*''" " '=•'='?>"> '" 'he army during the revolution. From 1777 till the m^nrl nf r J^'f ^ """tj''^'' ^'"^ '^e New Hampshire brigade, at first under the com- ^l„rd fW?; ^i"= 1 , ^f- He was a great admirer and friend of Gen. Washington. It is Jd laTter nrave,^ W h-' ""^'-l- 'j='"f.y'.»"=,d W Rev. Dr. McFarland, his successor in office, TacobVn the k^^tdoi, ^r.^ 7"^'-?' ''^l? f 'S'/ ^-S ""'^ht sit down with Abraham, Isaac, and Jacob m the kingdom of God. To which Mr. Evans audibly added, "and with IVashine- ton, too- He d.ed m Concord, March 9, 1807, in the 60th year of his age -Ed "^"'"^ JOURNAL OF convention. 39 [p. 39.] They have also had satisfactory evidence to them, that Northwood & Allenstown have a Constitutional right to send a member, & that Allenstown was notified to join in the meeting at which Jonathan Clark Esq was chosen. It appears to your Committee from evidence satisfactory to them that Hinnekar & Hillsborough each have a right by the Constitution to send members. The Town of Litchfield hath not been classed with any other Town for representation since the Constitution was adopted & therefore have not been represented in the Gen eral Court, but would have been entitled to send a mem ber had they petitioned the General Court for the purpose. That Rochester has a Constitutional right to send two members to the Convention. The foregoing report was accepted, and the Delegates al lowed a seat in Convention. The Committee to report such Rules as they judged nec essary to be observed in regulating the proceedings in Con vention reported the following rules. [p. 40.] i^'. The President having taken the Chair and a Quorum being present, the Journal of the preceding day shall be read, to the end that any mistake may be corrected that shall have been made in the entries. 2\ No member shall speak to another or otherwise inter rupt the business of the Convention while the Journal is reading or when any member is speaking ; nor pass be tween the President and a member speaking. 3"^. Every member when he speaks shall stand up and ad dress the President and when he has finished shall sit down. 4*''. No member shall speak more than twice in any one debate on the same day without leave of the Convention. jth When two members rise at the same time, the Presi dent shall name the person to speak, but in all cases the person first rising shall speak first. [p. 41.] 6'^ When the President shall stand up to put the question, the members shall sit down and keep silence. 7"'. No motion shall be debated until the same shall be seconded — and any member may at any time withdraw his motion. 8*. When a motion shall be made and seconded it shall if desired by the President or any member be reduced to writing, delivered in at the table and read by the President before the same shall be debated. .Q STATE OF NEW HAMPSHIRE. d^ While a question is before the Convention, no motion shall be received, unless for an amendment, for postponing the main question, or to commit it, or to adjourn. IO*'' The previous question being moved and seconded, the question from the Chair shall be, " Shall the main ques tion be now put .? " and if the negative prevails the main question shall not then be put. [p. 42.] 1 1*^. If a question in debate contain several points, any member may have the same divided. 12'"- Committees of less than five shall be nominated by the President, but Committees of five or more shall be cho sen by ballot. I3*i\ Questions of order shall be determined by the Pres ident, but any member may appeal to the Convention ; and when a member is called to order, he shall sit down until the question is determined, whether he is in order or not, which shall be decided without debate, but the member may explain. 14*^- The yeas & nays if called for by any one member shall be entered on the Journal upon any proposition moved to be sent out to the people as an amendment or alteration to the Constitution ; and each member present, and having heard the debates upon the particular question shall give his yea or nay except excused by a vote of the Convention : [p. 43.] — and in the same manner may the yeas and nays be taken and entered on the Journal upon all the amend ments collectively agreed to by the Convention to be sent out to the people. IS*''- Every question being put by the President shall be taken to be in the affirmative unless disputed by a member, on which case, the members shall be counted beginning with those in the affirmative standing up, and then those in the negative the same ; and every member having heard the debates shall vote upon the question, except excused by a vote of the Convention. 16"^- No person except a member or an officer of this Convention shall be allowed to come within the Bar of the House, (i) except such public characters as the President may invite, for whom particular seats shall be assigned. (1) The meeting of the convention was held in the town-house in Concord, built in 1790, and designed at the time partly for the accommodation of the general court. It was a one- story building, on the spot where the city hall stands, with a door in the middle. The inte rior contained two rooms, — one for the house of representatives, on the north side, and the other for the senate, on the south, with several small committee-rooms on the back side. A stairway led to a small gallery for spectators. In this building the general court held its sessions till the completion ofthe state house in 1819. See Bouton's Hist, of Concord, pp. 304-307.— Ed. JOURNAL OF CONVENTION. 41 Which Report was read and considered, received and ac cepted. Read the Bill of Rights & Constitution of the State. [p. 44.] Adjourned to 3 o'clock, P. M. Met accordingly. Voted That the Constitution be read by sections or arti cles, in order that any member may offer his sentiments rel ative to any defects therein and propose such alterations as he may think necessary. The i^', 2^, 3'\ 4"* & 5"' articles in the Bill of rights were read and no debate ensued. The 6"" article was read & largely debated and some al terations proposed, but no vote obtained in favour of the alterations. A motion was made to erase the 6"^ article in order to substitute another in its stead ; on which motion the yeas & nays were called and are as follows, viz. Yeas. Yeas. Mr. Humphreys Mr. Flanders Mr. Plummer Mr. Whipple Mr. Dow Mr. Rogers Mr. Hoyt Mr. Crawford Mr. Tash Mr. Johnson Mr. Copp Mr. Hutchins Mr. Greeley Mr. White. Mr. Stark Nays. Nays. [p. 4;.] Mr. E. Livermore Mr. Walker Mr. Tinney Mr. Head Mr. Macgregore Mr. Emerson Mr. Blanchard Mr. Swain Mr. Pickering Mr. Tilton Mr. Brackett Mr. Calfe Mr. Goss Mr. Peabody Mr. Leavitt Mr. Davidson Mr. Toppan Mr. Gibson Mr. Dodge Mr. Waldron Mr. Robinson Mr. Thompson Mr. Fogg Mr. Rawlings Mr. Webster Mr. Palmer Mr. Wheeler Mr. How Mr. Stow Ranney Mr. Waldron Mr. Rogers Mr. Harper Mr. Cilley Mr. Cogswell Mr. March Mr. Clough Mr. McClarev Mr. Hooper Mr. Clark Mr. Smith Mr. Sias Mr. Bedee Mr. Foster Mr. Hodgdon 42 STATE OF NEW HAMPSHIRE. Mr. D. Page Mr. R. Parker Mr. Alld Mr. Barron Mr. Chandler Mr. Wm. Page (G) Mr. D. Emerson Mr. Atherton Mr. Barrett Mr. Fisk Mr. P. Clark Mr. Cragin Mr. J. Smith Mr. Nicols Mr. Wallace Mr. Pierce Mr. Warren Mr. Wood Mr. Searls Mr. Green Mr. W. Page (C) Mr. Prentice Mr. Newcomb Mr. Whitcomb Mr. Gilmore Mr. Alexander Mr. Temple Mr. Jackson Mr. Rand Mr. French Mr. Kingsbury Mr. Chase Mr. Wilcox Mr. Duncan Mr. Holmes Mr. Wardell Mr. Tainter Mr. N. Parker Mr. Kimball Mr. Livermore Mr. Payne Mr. Franklin Mr. Tarlton Mr. Carlton Mr. Cargill. 15 yeas — 89 Nays. So it was negatived. Adjourned to 9 o'clock to-morrow morning. Friday Sept'. 9"^ 1791. Met according to adjournment. Resolved, that the following rule be observed in regulating the proceedings in this Convention. [p. 46.] 1 7* That it be a rule in conducting business that in any stage of a Question a motion to postpone the further consideration of any matter in debate, be considered as in order, and the main question left open for future discussion. The 7^ 8'", 9*^ 10'" II*^ 12*^, iz^, H,*^ 15*^ and 16"^ Ar ticles were read and no debate ensued. The 17*'' Article was read, and it was resolved that the following words be inserted, "in the Courts of this State," which words are to follow next after the words, "In criminal prosecutions," and that the word "Assembly" be expunged, and the word "Legislature" inserted in lieu thereof. The 18"' Article was read and no debate thereon. The 19*" Article was read and debated and motion was made to expunge all the words in said Article, after the word "possessions," which motion was committed to the con- JOURNAL OF CONVENTION. 43 sideration of Mr. Peabody, Mr. Foster and Mr. Smith of Pe- terboro'; — and that they report thereon. [p. 47.] The 20*'^ Article was read and objected to and it was voted to be postponed until the Judiciary System may come under consideration. The 21^', 22^ 23"!, 24*^, 2S'^ 26'", 27*", 28'^ 2(f^ & 30"^ were read and no debate ensued. The 3 1^' was read and debated, and motion was made to strike out the whole of said article — the determination on said motion was voted to be postponed until the Constitution comes under consideration. The 32* Article was read and motion made to postpone the consideration thereof until the Plan of Government comes under consideration. The 33"* & 34*'' Articles were read but not debated. The 35"" Article was read and after some debate it was voted to be postponed until the Plan of Government comes under consideration. The 36*^ 37*^ & 38"* Articles were read and no debate thereon. Adjourned to 3 o'clock P. M. Met accordingly. The first paragraph in the Form of Government under Part 2^ was read and not debated. Under General Court, the first was read and not de bated. The second paragraph was read and motion was made [p. 48.] that the word "June" be struck out and the word January inserted, which was negatived. Motion was then made that the word "June" may be struck out and some other may be agreed on — but the motion was lost. The 3** & 4*'' paragraphs were read but not debated. Under Senate, The first paragraph was read and debated but no altera tion took place. The second was read and debated with respect to the num ber of Senators and the proportion as it now stands ; which debate terminated in the following motion, "That that part of the Constitution which respects the number and propor tion of Senators be referred to a Committee of one from each County; — which passed in the affirmative, and the ballots 44 STATE OF new HAMPSHIRE. being taken for the Committee Mr. Peabody, Mr. Cogswell, Mr. Smith of Peterboro', Mr. Page of Charlestown & Mr. Freeman were chosen to take said motion under considera tion and report thereon. The third, fourth, fifth & sixth paragraphs were read and no debate thereon. [p. 49.] The seventh paragraph was read and motion was made that the word "majority" be struck out, and the word plurality inserted — which motion after debate, was voted to be postponed. Adjourned to 9 o'clock to-morrow morning. Saturday Sept^ IO»^ 1791. Met according to adjournment. The seventh paragraph having again come under consid eration, motion was made that the whole of the paragraphs under the head of Senate, be referred to the Committee ap pointed on the motion respecting the number and proportion of Senators, and that they report on the whole under said head. Under the head, "House of Representatives," The whole was read — Then proceeded by paragraphs. On reading and considering the first paragraph under said head, motion was made that the words " One hundred & fifty" be expunged, and the words "two hundred" inserted — which motion was lost. Motion was then made that the paragraph ascertaining the number and proportion of Representatives be so altered as to lessen the number of Representatives ; — [p. 50.] After some debate, the previous question was called for, and the question was put by the President, Shall the main question be now put.' which passed in the negative: after which the yeas and nays were called for ; but it being doubted whether it were in order to call for the yeas & nays after the matter was decided, the President requested the opinion of the Convention on the point of order ; The same was determined by yeas and nays and are as follows', (viz.) Yeas. Yeas. Mr. E* Livermore Mr. Goss Mr. Humphrey Mr. Robinson Mr. Tinney Mr. Fogg Mr. Macgregore Mr. Stow Ranney JOURNAL OF CONVENTION. 45 Mr. Plummet- Mr. Rogers Mr. March Mr. Waldron Mr. Thompson Mr. Chandler Mr. Page (Goffstown) Mr. Barrett Mr. Fisk Mr. Jer= Smith Mr. Stark Nays. Mr. Blanchard Mr. E. Pickering Mr. Brackett Mr. Leavitt Mr. Dodge Mr. Webster Mr. Wheeler Mr. Cilley Mr. McClarey Mr. Clark Mr. Sias Mr. Foster Mr. E. Wood Mr. Walker Mr. Head Mr. N. Emerson Mr. Swain Mr. Tilton Mr. Calfe Mr. Peabody Mr. Dow Mr. Davidson Mr. Gibson [p. 51.] Mr. Rawlings Mr. Palmer Mr. How Mr. Waldron Mr. Harper Mr. Cogswell Mr. Clough Mr. Hooper Mr. E. Smith Mr. Bedee Mr. Hoit Mr. Hodgdon Mr. Tash Mr. Copp Mr. Green Mr. Page (Charles'") Mr. Prentice Mr. Newcomb Mr. Gilmore Mr. Temple Mr. Kingsbury Mr. J. Duncan Mr. Freeman Mr. Payne Mr. Franklin. Nays. Mr. R. Parker Mr. Alld Mr. Barron Mr. D. Emerson Mr. Atherton Mr. Abbott Mr. P. Clark Mr. Cragin Mr. Nichols Mr. Wallace Mr. Pierce Mr. Warren Mr. Greeley Mr. A. Wood Mr. Searls Mr. Flanders Mr. Whitcomb Mr. Whipple Mr. Alexander Mr. Jackson Mr. Rand Mr. French Mr. Chase Mr. Wilcox Mr. Holmes Mr. Wardell Mr. Tainter Mr. N. Parker Mr. Kimball Mr. S. Duncan Mr. Rogers Mr. Crawford Mr. Johnson Mr. Hutchens Mr. Tarlton Mr. White Mr. Carlton. 29 yeas, 74 nays — so it was determined to be out of order. Adjourned to 3 o'clock P. M. .g STATE OF NEW HAMPSHIRE. Met accordingly. , . The first paragraph being again read, a motion was made to postpone the further consideration thereof until Monday next at 4 o'clock P. M.— passed in the affirmative. The sec ond, third & fourth paragraphs were read & motion was made to postpone the consideration thereof until Monday next at 4 o'clock P. M. which passed in the affirmative. The fifth paragraph was read and motion made that an alteration be made in this Article so that the election be determined by poll, if required by seven of the electors pres ent:— which motion was lost: motion was then made that the words "Shall be of the Protestant religion," be struck [p. 52.] out — to determine which the yeas & nays were called, and are as follows, (viz.) Yeas. yeas. Mr. Humphreys Mr. Whipple Mr. Tinney Mr. Temple Mr. Blanchard Mr. Copp Mr. Stow Ranney Mr. Wilcox Mr. Plummer Mr. Freeman Mr. Rogers Mr. Payne Mr. Foster Mr. White Mr. Peabody Mr. Carlton Mr. Hoyt Mr. Rogers Mr. Thompson Mr. P. Page Mr. Greeley Mr. Crawford Mr. Barrett Mr. Johnson Mr. Flanders Mr. Freeman Mr. Jer" Smith Mr. Payne Mr. Tash Mr. How Mr. Stark Mr. Clough Mr. Bedee , Mr. Bedee ? (i) Mr. Page, (C) Mr. Hooper. 33 yeas — 51 nays — so it was negatived. [Note. The names of the nays are not entered ; and the yeas, as recorded, are 35 instead of 33. — Ed.] Adjourned to Monday next at 10 o'clock, A. M. [p. 53.J Monday, Sept. 12"', 1791. Met according to adjournment. The sixth paragraph was read and the following introduced in its stead. "The members of both Houses of the Legislature shall be compensated for their service out of the public Treasury (i) This name appears twice, — Ed. JOURNAL OF CONVENTION. 47 by a Law made for that purpose. All vacancies may be filled up at any time as occasion may require." The 7'" paragraph was read but not debated. The 8"" was read and some debate ensued but no altera tion made. The 9**, IO*^ & 11"' paragraphs were read & no debate ensued. The 1 2*"' paragraph was read and motion made to make the following addition: "The House of Representatives shall be the Judge of the returns, elections and qualifications of its own members as pointed out in the Constitution" — which passed in the affirmative. The 13*^ paragraph was read and motion made to strike out the following words — " The Journals of the proceedings of both Houses of the General Court shall be printed and published immediately after every adjournment or proroga tion:" — After some debate the motion was referred to Mr. [p. 54.] Peabody, Mr. Thompson and Mr. Payne, who are to report their opinion thereon. Motion was then made that the last clause of said para graph be expunged, which consists of the following words : "And upon motion made by any one member, the yeas & nays upon any question shall be taken & entered in the Journals:" after some debate the motion was withdrawn. Motion was then made that said last clause be altered to read in the following manner : — "And upon motion made by any one member and seconded by another, the yeas and nays upon any question shall be taken and entered in the Jour nals" — which motion was determined in the negative by yeas and nays, which were as follows : [The names are not entered. — Ed.] [p. 55.] 19 yeas, 62 Nays, (i) Executive Power. Under the head of President. The first paragraph was read and voted that the stile of the Supreme Magistrate be altered from "the President of the State of New Hampshire," to " the Governor of the State of New Hampshire." (i) Persons who are curious to learn the names of those who voted yea or nay, may consult the marks ^j/ or « as entered against the name of each member on a specified day, as seen in the list of members on pp. 2-33. — Ed. 48 STATE OF NEW HAMPSHIRE. The second & third paragraphs were read and the consid eration thereof postponed by vote until the afternoon. The fourth paragraph was read and motion was made to expunge said paragraph, and after some debate passed in the affirmative ; — the yeas and nays on the determination were as follows, (viz.) [Names are not entered. — Ed.] [p. 56.] 65 yeas — 14 Nays. Adjourned to 3 o'clock P. M. Met accordingly. The fifth & sixth, seventh & eighth paragraphs under said head were read and no debate ensued. The ninth paragraph was read and motion was made that the following be inserted in lieu thereof: — "that all Judicial Officers, the Attorney General, Solicitors, all sheriffs, coro ners, registers of probate, and all officers of the Navy and [P- 57-] general and field officers of the militia, shall be nomi nated by the Governor and by and with the advice and con sent of the Council, shall be appointed by him, and every such nomination shall be made at least seven days prior to such appointment and no appointment shall take place unless three of the Council agree thereto. The Captains & subal terns in the respective regiments shall be nominated and recommended by the field Officers to the Governor, who is to issue their Commissions immediately on receipt of such recommendation. Resumed the consideration of the first paragraph under the head of House of Representatives, [see marg. pp. 49-5 1] which was postponed- on Saturday last to this time, and mo tion was made in the following words: "That there shall be in the Legislature of this State a House of Representatives consisting of sixty persons who shall be the second branch of the Legislature and annually elected by the people : That such representation may be as equal as circumstances will admit, the General Court shall divide the State into sixty districts making such division by the number of rateable polls as equal as may be so as not to divide towns & unincor porated places, and timely to make known to the Inhabitants [p. 58.] of the State the limits of each district; That each district shall be entitled to send one representative ; that the member of the House of Representatives shall be annually elected on the first Monday of March; That every male JOURNAL OF CONVENTION, 49 inhabitant of each town in the District to which he belongs of twenty one years & upwards, paying for himself a poll Tax shall have a right at said meeting to be duly warned & holden annually forever on said first Monday of March, to vote in the town wherein he dwells for the representative of the dis trict whereof he is a member, and after the Inhabitants of the towns have voted the meetings shall be adjourned to the third Monday of March; That on the second Monday of March the several Town clerks of each district shall meet at some convenient central place in the district with copies of the record of the proceedings of said town meetings to ex amine and count the votes, and if upon examination it shall appear to said Town clerks that any one has a majority of the votes, they shall declare him chosen and a certificate of his choice signed by the major part of said clerks shall be [p. 59.] deemed sufficient evidence of his election ; but in case no one person has a majority of votes the said clerks shall return to the several Towns in the district the two persons having the highest number of votes, and on the third Mon day of March the inhabitants of the said Towns shall elect one of the candidates to represent said district: The said Town clerks of the district shall meet again on the fourth Monday of March at the place of their first meeting with a copy of the record of the last meeting, and sort, count and examine the votes and declare who is elected representative of the district, and a certificate signed by the major part of said clerks shall be the proper evidence of such Representa tive's election.* [p. 60.] After some debate, a division of the motion was called for and the yeas and nays required on the first clause in said motion, namely — "There shall be in the Legislature of this State, a House of Representatives consisting of sixty persons who shall be the second branch of the Legislature, and annually elected by the people." The yeas & nays being taken were as follows, viz.f 22 yeas — 73 nays, so it was negatived. [p. 61.] Motion was then made to strike out the words "one hundred and fifty," in order to insert a larger number: to de termine which the yeas and nays were called and are as fol lows (viz.) [p. 62.] 31 yeas — 70 nays. So it was negatived. * This motion was made by William Plumei, —Marff. f Names are not in any case entered. — Ed. JO STATE OF NEW HAMPSHIRE. Motion was then made that the words "if four hundred and fifty rateable polls," be erased and the words "three hun dred" be inserted instead thereof: And the words, "making three hundred such polls the mean increasing number for every additional representative," be also erased : — on which motion the yeas and nays were called for and were as follows, (viz.) [p. 63. J 21 yeas — jy Nays. So it passed in the negative. Adjourned to 8 o'clock to-morrow morning. Tuesday, Sept. I3*^ 1791. Met according to adjournment. The second, third & fourth paragraphs under the head of House of Representatives were resumed, read & considered, but no alteration made. Proceeded to tenth paragraph under the head Presi dent. The 10*^, II* I2*^ 13*^, I4'^ 15*', 16* & 17* paragraphs were read and no debate ensued. [p. 64.] The 18* paragraph was read and postponed until the committee report, who were chosen to report respecting senators. Under the head " Council" The first paragraph was read and after some debate, voted to postpone the whole under the head Council, until it shall be determined in what manner the Senate shall be appointed. Under the head, "Secretary, Treasurer, Commissary Gen\" &c. the first & second paragraphs were read & no debate ensued. Under the head "County Treasurer," &c. The paragraph was read and after some debate, voted, That the following be inserted instead thereof : "The County Treas urer and register of Deeds shall be elected annually by the Inhabitants of the several Towns in the several Counties in this State according to the method now practised ; But the Legislature may alter the present Laws & method of collect ing the votes, and before they enter upon the business of their offices, shall be respectively sworn faithfully to dis- £p. 65.] charge the duties thereof, and shall severally give JOURNAL OF convention. 5 1 bond with sufficient sureties in a Reasonable sum for the use of the County for the punctual performance of their re spective trusts." The committee chosen to report upon several paragraphs under the head " Senate" reported in favour of several amend ments or alterations, as follows : — I'' "The Senate shall choose one of their own mem bers President of the Senate" — which was read and consid ered, received and accepted. 2\ "The Legislature shall divide the State into twelve dis tricts having respect to the proportion of public taxes as nearly equal as may be without dividing Towns or places, and each district shall choose one." Upon reading the 2"* paragraph above mentioned, motion was made to strike out the word "twelve," and insert the word "fifteen," which motion was determined by yeas and nays and were as follows : — [p. 66^ 1 8 Yeas, 8i Nays. So it was negatived. Motion was then made to strike out the word "twelve" and insert the word " thirteen," which passed in the affirma tive — and the paragraph thus amended was rec* & accepted. 3*^ "The 2^ section under the head of Senate to be ex punged" — ^which passed in the affirmative. 4*^ "Meetings for the choice of Senators to be holden on the I*' Tuesday of March & adjourned to the third Tuesday of the same month," which was read and debated, and the following voted to be inserted in its stead: — The Inhabi- [p. (i^?] tants of the several towns and places in this State shall give in their votes for Senators at their annual meet ings in the month of March. S"*. "Meetings for the choice of Senators to be holden, governed and the proceedings certified as the Law directs in other cases" — which passed in the affirmative. gth "The votes to be returned to persons appointed by the Legislature in each district who are to count them, and in case of no choice return the two highest to the several towns and places in such district ; one of whom at the ad journed meeting to be elected." Which 6* article in the report was divided and the first part thereof accepted, namely, " The votes to be returned to persons appointed by tbe Legislature in each district who are to count them." 52 STATE OF NEW HAMPSHIRE. Motion was then made that the remainder of the sixth ar ticle reported, be struck out, "and in case &c." and the fol lowing words inserted : "And the person having the highest number of votes in each district shall be declared duly chosen and the choice shall be certified by the persons who examine the votes." To determine which the yeas and nays were called, and are as follows : — viz. [p. 68.] 57 yeas, 41 nays. So it passed in the affirmative. 7*'\ " The qualification of a Senator as to estate shall be five hundred pounds" which was debated and motion made that " five hundred " be struck out, and " two hundred " in serted, which passed in the affirmative ; and the paragraph accepted with the amendment. [p. 69.] 8'^ " Vacancies shall be filled up by the district in which the same may happen in the same manner : the gov ernor appointing the time of holding the meetings : " which was read and considered, rec** & accepted. gth « When the Senate sit on the trial of impeachments, they may adjourn themselves to any time and place, though the Legislature be not then & there assembled:" — which was read and consider'd received and accepted. Adjourned to 3 o'clock, P. M. Met accordingly. Under the head, " Judiciary Power," The whole was read and no debate ensued. Under the head, " Clerks of Courts," The paragraph was read and no debate thereon. Under the head, " Delegates to Congress," The whole was read, and voted that it be expunged. Under the head, " Encouragement of Literature," The Paragraph was read but not debated. Under the head, " Oaths & Subscriptions," &c. the first paragraph was read containing form of Oaths &c. motion was made, the form of Oath called the Oath of [p. 70.] allegiance be struck out in order to introduce some other form instead thereof :— which passed in the affirma tive:— where upon Voted that the following form be in serted : journal of convention. 53 "I, A. B. do solemnly swear that I will bear faith and true allegiance to the State of New Hampshire, and will support the Constitution thereof. So help me God" Voted that the following proviso be inserted, namely: " Provided also, that when any person chosen to any of the offices aforesaid shall have already taken & subscribed this Oath or affirmation of Allegiance and the same shall be on record or on file in the Secretary's office, it shall not be necessary for him to take it again on his being chosen." The second and third paragraphs were read and no de bate thereon. The fourth paragraph was read, and it was voted to strike out the whole of the paragraph excepting the following words : " all writs issuing out of the Clerks office in any of the Courts of Law shall be in the name of the State of New Hampshire." [p. 71.] The 5*^, 6* f""-, 8'^ 9*'', & 10*^ paragraphs were read and not debated. The eleventh paragraph was read and after some de bate the following alterations were voted. That the words "members of Congress or any person holding an office under the United States shall hold the office of Governor or" — which words are to be inserted between the word " naval officers " and the words, " shall at the same time " &c. The following motion was made, "That attorneys that practise at the Bar be exempted from holding a seat in the Senate or House of Representatives," on which motion the yeas & nays were called and are as follows : [p. 72.] 15 yeas — 79 Nays. So the motion was lost. Motion was then made that no member of the General Court shall take fees, be of Council or act as advocate in any cause before either branch of the Legislature ; and upon due proof thereof, such member shall forfeit his seat in the Legislature ; — which passed in the affirmative.* The remaining paragraphs were read and no debate thereon. Voted, That Mr. Plummer, Mr. Smith & Mr. Payne be a Committee to reduce to form the proposed amendments and report thereon. * This motion was made by William Plumer. — Marg. 54 STATE OF NEW HAMPSHIRE. [p. 73.] Voted That Mr- Newcomb, Mr. Humphreys and Mr. Atherton be a Committee to take under consideration the several paragraphs under the head "Council," and report thereon. Adjourned to 9 o'clock to-morrow morning. Wednesday, Sept"^ 14, 1791. Met according to adjourn ment. The Committee to consider of that article in the Consti tution which directs that the Journals of both Houses of the General Court be printed immediately after every ad journment &c. Reported, " That said article ought to be expunged." Upon reading and considering said report, mo tion was made to accept the same — on which motion the yeas and nays were called, and are as follows : [p. 74.] 37 yeas, 58 Nays. So it was rejected. Voted That Mr. Walker, Mr. Peabody & Mr. Cogswell be a Committee to take under consideration and report such directions respecting printing the Journals of the proceed ings of both Houses of the General Court as they may judge proper. Adjourned to 3 o'clock P. M. Met accordingly. The Committee to consider the 19"" article in the Bill of rights [see marg. p. 46] &c. Reported, That after the first [p. 75.] period, it be altered so as to read thus (viz.) "There fore all warrants to search suspected places or to arrest a person for examination or trial in prosecution for criminal matters, are contrary to this right " if the cause &c. then proceed as it now stands in said 19'^' article : Which report being read and considered. Voted that it be received and accepted. The Committee to consider that part of the Constitution which respects printing and publishing the proceedings of both Houses of the Legislature, [see marg. p, 74] Reported: "That the Journal or Register of said proceedings to be published contain all acts and Resolves passed and all votes for raising, granting or appropriating public monies ;— A brief statement of facts with the prayers contained in any Petition, by whom offered, & the proceedings thereon; Every motion acted upon & by whom made & seconded * an account of all Committees chosen with their reports and proceedings thereon ; and the yeas & nays upon all acts & iwawSi JOURNAL QF CONVENTION. 55 Upon reading and considering the foregoing report, mo tion was made to divide the same in the following manner : [p. 76.] "That the journal or Register of said proceeding to be published contain all Acts & Resolves passed, and all votes for raising, granting or appropriating public monies," — be first put to vote : which vote obtained, and the report thus far received and accepted. Motion was then made that the remaining part of said Report be accepted, namely "a brief statement" &c. on which motion the yeas & nays were called and are as follows : 38 yeas — 64 nays. So it was negatived. [p. yy.'} Adjourned to 9 o'clock to-morrow morning. Thursday, Sept' 15*^, 1791. Met according to adjourn ment. The Committee appointed to take into consideration the method of appointing the Council &c. [see marg. p. 73] Reported : — which report after some small alterations made in Convention stands in the following words, viz. " That there be annually chosen by ballot by the Inhab itants of this State qualified to vote for Senators, five Coun sellors for advising the Governor in the executive part of the Government, one of whom shall be voted for and chosen in each County by the Inhabitants within the same qualified as aforesaid, on the day for the election of Senators ; and the number of votes shall be returned in the manner pro^ vided for returning votes for the Governor to the Secretary of the State, and shall be sorted and counted by the Secretary and the Treasurer until the Legislature shall order other wise ; and the person having the highest number of votes in each County shall be considered as duly elected a Coun sellor: Provided he be an Inhabitant of the County for which he is chosen, be of thirty years of age and have an [p. 78.] estate of the value of five hundred pounds within this State, three hundred of which at least shall be freehold : But in case two or more persons shall have an equal number of votes, the Secretary and Treasurer or such other persons as the Legislature may appoint, shall draw one of them by lot, who shall be considered as duly chosen, and the SecrgT tary shall seventeen days before the first Wednesday in June, give notice of the choice to the persons elected. Pro vided however, that if any person thus chosen a Counsellor shall also be chosen a member of either branch of the Legis lature for the same year and shall accept the trust, his 56 STATE OF NEW HAMPSHIRE. Election as a Counsellor shall be void. And, in such case, as also when any person chosen to that office shall refuse to accept the same ; and in case of the death of any Counsel lor, the Governor shall issue a precept for the Election of a new Counsellor in that County, wherein such vacancy shall happen, which choice shall be in the manner before pre- [p. 79.] scribed : And if any new County shall be hereafter erected, a Counsellor may and shall be chosen therein in the same manner. "And the Governor shall have full power and authority to convene the members of the Council from time to time at his discretion and with them or the majority of them, at least, may and shall hold a Council for ordering and direct ing the affairs of the State. " The resolutions and advice of the Council shall be re corded by the Secretary and signed by all the members present agreeing thereto, and this record may be called for at any time by either branch of the Legislature, and any member of the Council may enter his opinion contrary to the resolution of the majority, with the reasons of such opinion." Which was read and considered, rec'* & accepted. Resolved, That for the more effectually preserving the proper separation of the three great powers of Government agreeably to the 37*" Article in the Bill of Rights, the power of hearing and deciding in causes of equity ought to be vested either in some Judicial Court or Courts, or in some [p. 80.] Court or Courts to be established and impowered specially for that purpose. Provided that no power shall be granted to said Courts incompatible with the principles con tained in the Bill of Rights and Constitution ; but the juris diction & power of said Courts ought to be limited and defined by express Laws. On which Resolve the yeas & nays were called and are as follows, (viz.) 72 Yeas— 26 Nays. So it passed in the affirmative. [p. 81.] Adjourned to 3 o'clock P. M. Met accordingly. Resolved That there shall be one Supreme Judicial Court of Law who shall have original jurisdiction of all causes where the sum exceeds four pounds, and appellate jurisdic tion in other cases to be provided by Law. JOURNAL OF CONVENTION. 57 On which Resolve the yeas and nays were called, and are as follows : 6 1 Yeas — 34 Nays. So it passed in the affirmative. [p. 82.J Resolved, That the several Justices of the Peace in their respective Counties shall have jurisdiction in all causes where the sum is under four pounds, except causes where title of Land is drawn in question : On which Re solve the yeas and nays were called, and are as follows — viz. 63 yeas — 35 nays. So it passed in the affirmative. Mr. Foster requested to be excused from giving his vote, offer ing for a reason that he was a Justice of the Peace, and [p. 83.] felt himself interested in the determination ; but the Convention would not excuse him. Resolved, That it shall be the duty of the Legislature to abohsh the Inferior Courts of Common Pleas ; on which Resolve the yeas and nays were called and are as follows : 55 Yeas — 31 Nays. So it passed in the affirmative. [p. 84.] Resolved, That it be the duty of the Legislature to abolish the Courts of General Sessions of the Peace : On which Resolve the yeas and nays were called, and are as follows, viz. 37 yeas — 50 nays. So it passed in the negative. Adjourned to 9 o'clock to-morrow morning. [p. 85.] Friday, Sepf^ I6*^ 1791. Met according to adjournment. Sundry matters were debated. Adjourned to 3 o'clock P. M. Met accordingly. Voted, That Mr. Peabody, Mr. Plummer, Mr. Hoit, Mr. Smith (Meridith) Mr. Wallace, Mr. Atherton, Mr. Page (Charlestown) Mr. Kingsbury, Mr. Payne & Mr. Freeman, be a committee to take into consideration the Constitution and the Resolutions passed at this session, and the several motions for alterations that have not been acted upon, and prepare and report to the Convention at the adjournment, alterations and amendments to be submitted to the people. Mr. Greeley's motion, Mr. Humphrey's 2 motions, Mr. Tinney's two motions, Mr. Kimball's Do. Mr. Rogers's Do. Mr. Plummer's five motions, Maj"^ Stark's motion, Mr. New- comb's 2 Do. Gen. Peabody's & Mr. Waldron's motions were referr* to the above-named Committee. Adjourned to the second Wednesday of February next at 10 o'clock, then to meet at Concord. {Note. At the adjourned meeting ofthe Convention, February Sth, 179S, the following members were present : viz.] 09 The names of towns „ and places represent- S ed arenot repeated in JJ thejournal. — Ed. / Names of Representatives. is r3 o XI fl ^ ^00 I yi yi yiyi ni yiyiyi yi yi yi yi yini yi ni yiyi ON ¦a 2 yi yi yiyi I yiniyi y yi yiyinl yiniyiyi I o £ 3 ni yi ni yiyi nl niyiyiyiyi yiyi yi ni yi yiyin 3 rt 4 ni yi ni yi yiyi nini yi yi yiyi yiyi yiyi yiy« y -a a3 5 ni yi ni yiyiyinini yi yiyiyi yiyiyi y yiyiy T^ ^ -a ao 6 ni yinini yiyiyi yi yiyi yi yi yiyiyiniyi yi y •a 3 H 7 ni ninini n. yi ni I y yi yy yininiynl y ni ¦d ll a ¦o 8 I yiyynl y nini y ni ni nini y ni yyy yi 3 9 yi yiyiyi 1 yi yyyi yy yiyy yini y yi yi .a'C lO ni yinx nlyi y nini y nini y I ni yi y nini ni CO rt -o Ix3 rt cn II nlyyyyninlni ni I yi ni yiy nini ni yi y ON ¦a c3 12 I yi ni yiyiyyyiyiy yyni yi yiyi yini HI %-a ao S 13 I y ni ynini nini yi nlninl yi ninl y nl yni HWO wa S 24,25-] Joseph Cilley, Esq'. Joseph March, Esq'. John McClary, Esq'. Jonathan Clark, Esq'. Abiel Foster, Esq'. Benj". Sias, Esq'. Mr. Enoch Wood Timothy Walker, Esq'. Col". Nathaniel Head Col". Nath' Emerson Jonathan Swain, Esq'. Mr. Timothy Tilton John Calfe, Esq'. Nathaniel Peabody, Esq'. Mr. Amos Dow Mr. James Davidson James Gibson, Esq'. John Waldron, Esq' Ebenezer Thompson, Esq', Daniel Rollins, Esq'. Mr. Barnabas Palmer Doct'. James How Mr. Isaac Waldron William Harper, Esq'. Thomas Cogswell, Esq'. Mr. Nath' Clough Rev* Wm. Hooper Ebenezer Smith, Esq'. Daniel Beede, Esq'. ^Nathan Hoit, Esq'. . . y y y y I y y yi y y y ni y I I y yi y I yi ni ni ni yi y ni yi ni yj ni ni yi yi ni ni ni ni ni y yi ni ni yi yi y yi yi y y ni I yj ni yi I y yi y y y ni yi ni I nl ni ni nl ni ni ni ni ni ni ni ni ni yi yi y y y ni nl y ni y I y y yi y yl yi y y ni yi ni ni ni ni y y ni y ni ni yi I ni yi y y y y yi y ni ni ni ni y y ni ni ni I ni ni ni y« nl I I ni ni y ni y y ni ni y y ni y yi y ni ni ni ni ni ni y ni y yi ni ni nl ni ni ni y y nl yi y y ni ni ni yi ni nl y yi y y ni y y y yi yi ni ni nl ni ni y nin yin ni y yi ni y yi yi y y y nl yi yi y yi . y- n. y- y- yi ni y y y y yi y y y y y yi ni y I nl nl I y yi y yi yi ni y I ni . y- n. n. n ni yi I ni I nl y y y y y y nl y yi nl nl ni y y y y y nl y nl ni ni y y y y y nl I yi y ¦y nl yi ni yi yi y y ni yi y nl ni yi I yi yi y y y y yi yi I ni ni I I I I I IIIIIIII IIII I I1I 1II II I II I IIII I I IIIII I ' I I1III o c w> Von o< waH o Kn List of Members — continued. 0\ O The names i of towns ;,and places represent ed arenot repeated in the iournal. — Ed. Names of Representatives. N°. of miles Trav eled [not repeat ed]. fl ¦-* ^00 si ON -a 3 H 2 0>^ rt 'Cfc, 3 5 1 rt OT 4 >^ rta 3 OT S "to a 0 6 w3 H 7 XI yicua Id cu 8 1-3 H 9 ¦a'G 10 3 'rt OT II OS .H Td a3 OT 12 0 CM a0 13 rtIU3 H ¦a tn,rt ¦a 3 .a H >^CTj 'i-. fc, ¦B 3 "rt OT (U -c a . 11 0 'd « 3 S 3 1 — > rt 'c 1; flrt fO ¦a a3 OT si' 'if ¦a a0 I Mr. Charles Hodgdon y y y y y y nl y y ni I y I Thomas Tash, Jun. Esq'. ni yi ni y y y y ni ni ni ni y I David Copp, Esq'. n. I y VI ni y y y y y ni y Col" David Page y I y yi y y ni yi y nl I ni y 26,27.] Mr. Robert Parker Mr. David Alld Capt. Wm. Barron Zechariah Chandler, Esq'. Mr. William Page Daniel Emerson, Esq'. Joshua Atherton, Esq'. y nini nini yiy I y nlnini y I yy y yiyni y yy yy ni ni y y yy ynini yi ni y y yyni y- niy yy y nini y yninlniy y yy nininlni y niyiyy yni y ni ninini nl yni nlnlyyyyy nlnl niy nl ynl • Charles Barrett, Esq'. nl ni nl nl ni nl ni nl ni ni nl nl y Mr. Jonathan Fisk ni y y ni ni y y ni nl y ni yi ni William Abbott, Esq'. y ni nl ni ni ni y ni y ni ni ni ni Peter Clark, Esq'. ni ni ni ni ni nl y nl ni ni ni y y \/lr. John Cragin nl nl nl ni ni ni y ni ni nl ni ni y Teremiah Smith, Esq'. VIr. Daniel Nicols ni y y y yi ni ni y ni y ni y ni Robert Wallace, Esq'. y ni yi y y yi ni yi nl y ni yi ni enH HO tl >Ol KWM 28,29.] 30,3i-] Maj'. Benj" Pierce Mr. Josiah Warren Aaron Greeley, Esq'. Rev''. Amos Wood Maj' Caleb Stark Rev'' Jonathan Searls Nath' Green, Esq'. James Flanders, Esq'. Col" William Page Nath' Sartile Prentice Daniel Newcomb, Esq'. Elisha Whitcomb, Esq'. Mr. Rufus Whipple Mr. Roger Gilmore Mr. Reuben Alexander Archelaus Temple, Esq'. Mr. Eleazer Jackson Col" Daniel Rand Andrew French, Esq'. Sanford Kingsbury, Esq', Moses Chase, Esq'. Mr. Uriah Wilcox Cap'. John Duncan Lemuel Holmes, Esq'. Mr. Solomon Wardell Mr. Jedediah Tainter Mr. Nahum Parker Col" Joseph Kimball ni ni yi y y ni ni y y yi nl I ni ni ni ni y ni I I n I I I ni y ni ni nl ni I ni ni ni ni nl ni ni ni y y y y y ni ni ni ni ni nl y ni ni ni ni ni ni y y ni ni y y y ni ni nl ni ni y y nl y y ni ni nl ni ni ni ni ni y ni ni ni ni ni ni y ni ni nl ni y I ni y y y ni ni nl nl y ni ni ni nl ni y y y y ni ni ni ni ni ni ni ni nl nl ni ni ni ni ni ni y ni ni nl ' ni nl y y y y ni yi yi yi ni .1 nl y y nl ni y ni y y . y y ni nl ni ni nl I ni ni I ni ni nl ni ni ni I I ni nl y nl ni ni I I ni ni y y- nl y ni nl I ni I y ni ni y y y ni ni yi y I I ni ni ni ni ni ni y ni nl y ni y y I y y ni ni ni ni I ni y y y nl y ni ni ni nl ni ni ni ni ni ni ni y ni ni nl ni nl I ni I y ni ni yi ni I ni y ni ni ni nl nl y ni ni y ni ni y ni y y 1 y ni ni nl y ni ni ni y nl ni y ni ni ni y ni ni y y ni nl ni y y ni ni I 1 I I I y y ni I I I I nl y y ni nl y ni I y ni ni ni ni ni ni y y ni y ni nl y ni ni y nl ni ni ni ni ni y y y y y ni y ni y nl oc •^ >oo o z^ • rt n T^ On (Ji t^ cu t-l a ¦ ¦OcS " o [Note. The following minute of yeas and nays is found on the margin of this record. — Ed.] r— 1 I — 1 HH K) )H IH •^ o \D 00 VI ON In ¦f^ OJ to g^:^ ^ M ^% ts'S 1*1 Ji Mi3 ^e Uoi vo ON St, ftt II 11 P *HWO iz! fl !> ?tl tn » JOURNAL OF CONVENTION. 6$ [p. 87.] Wednesday. Feb? 8"", 1792. Several members of Convention met agreeably to adjourn ment ; but there not being a quorum, and the President be ing aljsent (the Honb' Judge Walker in the chair) they agreed to adjourn to 3 o'clock, P. M. Met according to adjournment, and there being a quorum, and the Honb' the President being absent out of the State, motion was made for the choice of a President Pro Tempore, and the ballots being taken the Honb' John Pickering Esq^ was unanimously chosen. Adjourned to 9 o'clock to-morrow morning. Thursday Feb^ 9* 1792, the Convention met according to adjournment. The Committee chosen in September last to take into consideration the Constitution and the Resolutions passed at that session and the several motions for alterations [see marg. p. 85] Reported their opinion as to alterations and their Reasons therefor ; also the Constitution with the pro posed alterations incorporated which Reports being read, Motion was made to postpone the consideration of said Re ports until the afternoon — which motion prevailed. [p. 88.] Adjourned to 3 o'clock, P. M. Met accordingly. [Note. The editor, with advice, has judged it expedient here to insert full, first. The alterations and amendments proposed by the abovesaid committee; and second. The constitution with said alterations and amendments incorporated. The journal, which subsequently follows, will show definitely the action which the convention took upon both the said reports. — Ed.] I. REPORT OF THE COMMITTEE ON ALTERATIONS AND AMENDMENTS. [See MS. Journal, pp. 243-274.] BILL OF RIGHTS. Article XIX. Every citizen hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his posses sions : Therefore all Warrants to search suspected places or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previ ously supported by oath or aifirmation ; and if the order in a warrant to a civil officer to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or 64 STATE OF NEW HAMPSHIRE. seizure : And no Warrant ought to be issued, but in cases and with the formalities prescribed by Law. Article XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore other wise used & practised, the parties have a right to trial by Jury : And this method of procedure shall be held sacred, unless in causes arising on the high seas, and such as relate to mariners wages, and also in ac tions where the sum demanded in damages shall not exceed twenty shil lings, the Legislature shall think it necessary hereafter to alter it. Article XXXIX. Beasts of the Plough, not exceeding a yoke of oxen or a horse, In struments of husbandry, and the necessary Tools of a man's Trade, shall not be liable to be distrained, attached, or taken in execution for debt ; unless by the person who furnished them. PART SECOND. THE GENERAL COURT. Paragraph 2. The Senate and House shall assemble every year on the third Wednes day of September and at such other times as they may judge necessary and shall dissolve and be dissolved seven days next preceding the said third Wednesday of September; and shall be stiled. The General Court of New Hampshire. Every Bill which shall have passed both Houses, shall, before it be come a Law, be presented to the Governor ; if he approve, he shall sign it ; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their Journal and proceed to reconsider it : if, after such recon sideration, four sevenths of that House shall agree to pass the Bill, it shall be sent, together with such objections, to the other House, by which it shall likewise be reconsidered ; and if approved by a majority of that House, it shall become a Law : But in all such cases, the 'Votes of both Houses shall be determined by yeas & nays, and the names of the persons voting for or ag=' the Bill shall be entered on the Journal of each house. If any Bill shall not be returned by the Gov', within five days (Sundays excepted) after it shall have been presented to him, the same shall be a Law in like manner as if he had signed it : unless the Legislature by their adjournment, prevent its return: iu which case it shall not be a law. Every Resolve shall be presented to the Gov', and before the same shall take effect, shall be approved by him ; or being disapproved by him, shall be repassed bythe Senate and House of Representatives, according to the Rules and Limitations prescribed in the case of a Bill. No member of the General Court shall take fees, be of Counsel, or act as advocate in any cause before either branch of the Legislature ; JOURNAL OF CONVENTION. 65 and upon due proof thereof, such member shall forfeit his seat in the Legislature. All persons who behave decently, shall have liberty of admission to hear the Debates and proceedings of both Houses of the Legislature ; except when the welfare of the State shall require secresy. SENATE. The Senate shall consist of twelve Members, who shall hold their office for two years next ensuing their election. And that the State may be equally represented in the Senate, the Legislature shall from time to time divide the State into twelve Dis tricts, as nearly equal as may be, without dividing towns and unincor porated places 5 and in making this division, they shall govern them selves by the proportion of public taxes paid by the said District ; and timely make known to the Inhabitants of the State, the limits of each District. The freeholders and other Inhabitants of each District qualified as in this Constitution is provided, shall bietinially give in their votes for a senator at some meeting holden in the month of March. The Senate shall be the first Branch of the Legislature ; and the Senators shall be chosen in the following manner : — Every male inhab itant of each Town & parish with town privileges in this State, of twen ty-one years of age and upwards, paying for himself, or liable to pay, a poll tax or the amount thereof, shall have a right at the annual or other meetings of the inhabitants of s* towns and parishes, to be duly warned and holden every second year in the month of March, to vote for a senator in the District whereof he is a member ; — and every per son qualified as the Constitution pro'vides, shall be considered an inhab itant for the purjiose of electing and being elected into any office or place within this State, in that town, parish or plantation where he dwelleth & hath his home. The Legislature when they divide the State into Districts, and as often as they shall think necessary, shall appoint some suitable persons as counters in each District, who shall meet on the Thursday next fol lowing the Second Wednesday of April every year in which there are meetings held in the District for the election of a Senator, and the General Court shall appoint the place of their meeting, and it shall be the duty of said counters, until others are appointed in their room, to receive, examine and count the votes for Senators, and make a proper record thereof, certify the choice, and seasonably deposit the returns from the several Towns, parishes & places, and the record of their pro ceedings in the Secretary's office. The meetings for the choice of Senators, and all governmental offi cers shall be warned by Warrant from the selectmen, and governed by a Moderator, who shall preside at such meetings impartially, and re ceive the votes of all the inhabitants of such towns & parishes present and qualified to vote for Senators, and shall sort and count the same in the meeting, and in presence of the Town Clerk, who shall make a fair 5 66 STATE OF NEW HAMPSHIRE. record in open meeting of the name of every person voted for, and the number of votes against his name ; and a fair copy of this record shall be attested by the Town Clerk, and shall be sealed up and directed to the counters of the District with a Superscription expressing the pur port thereof, and delivered by the s* clerk to the counters of the Dis trict in which such town or parish is, on or before the Second Wednes day of April next following such Town Meeting ; Provided nevertheless, that no person shall be capable of being elect ed a Senator, who is not seized of a freehold estate in his own right of the value of two hundred pounds lying within this State, who is not of the ao-e of thirty years, and who shall not have been an inhabitant of this State for seven years immediately preceding his election, and at the time thereof, he shall be an inhabitant of the District for which he is chosen. And the inhabitants of plantations & places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of Government, or shall be taxed therefor, shall have the sarae privilege of voting for senators in the plantations & places where they reside, as the inhabitants of the several respective towns and parishes afores"! have ; and the meetings of such plantations & places for that purpose, shall be holden every second year in the month of March, at such places respectively therein, as the assessors thereof shall direct, c&c. In case it [there] shall not appear by the Returns of the counters to be a senator elected by a majority of votes for any District, the counters of that District shall take the names of the two persons who shall have the highest number of votes, and the number of votes that each of them shall have, & certify and deliver the same to the Selectmen of each town & parish in such District, and to the Assessors of unincor porated places, within eight days after the counting thereof; and it shall be the duty of the s* Selectmea & Assessors respectively, to warn a meeting of the inhabitants qualified to vote for senators, to be held within fifteen days after the expiration of s* eight days, giving at least twelve days notice, to elect one person out of the two returned as afores* to be senator for the District, and the several town clerks & as sessors in s"! Districts, shall within eight days after the expiration of said fifteen days, return a fair attested copy of the Record of the num ber of 'Votes in the Towns, parishes and places in the Districts, to the counters of said Districts, and the counters shall on the ninth or tenth day after the expiration of s* fifteen days, meet and as soon as may be, sort & count the -votes, declare the choice, and notify the person elept- •ed : And in case it shall so happen that two or more persons having the highest number of votes, shall have an equal number, the counters shall by lot determine which of them shall be sent to the people ; And if it should so happen that from the returns from the meetings held to compleat the elections, that the two persons voted for should have an equal number of votes, the counters shall by lot determine which of them shall be senator for such District, and notify him accordingly. All vacancies that may happen in the Senate, shall, from time to time be filled up in the same way & manner as the first elections are directed to be made ; — the Gov', appointing the time for holding the meetings for that purpose. JOURNAL OF CONVENTION. (i^J The Senate shall have power to adjourn, &c. Provided nevertheless, that whenever they shall sit on the trial of any Impeachment, they may adjourn to such time and place as they may think proper, altho' the Legislature be not assembled on such day or at such place. Every officer whilst under Impeachment shall be suspended from the exercise of the duties of his office ; but the trial shall be as speedy as the nature of the case will admit. HOUSE OF REPRESENTATIVES. After the first Paragraph. — Provided nevertheless. That whenever the number of Members of the House of Representatives shall exceed one hundred and ten, it shall be the duty of the Legislature to make such arrangements as that the members shall not exceed at any time that number, nor shall the Towns and Districts intituled to send Representatives at any time, be less than eighty. The members of both Houses of the Legislature shall be compensat ed for their services out of the Treasury of the State, by a Law made for that purpose — such members attending seasonably, and not depart ing without license. And any member of the Senate, House of Representatives, or Coun cil, shall have a right, on motion made for that purpose at the time, to have his protest or dissent, with the reasons against any vote, resolve or bill passed, entered on the Journals. executive povwer. Governor. The word " President" shall be struck out, and Governor inserted in all the sections where President is named. Fourth Section shall be struck out. All Judicial officers, the Attorney Gen'., Solicitors, all sheriffs, coro ners, registers of probate, and all officers of the Navy, and general and field officers of the militia, shall be nominated and appointed by the Gov'. & Council ; and every such nomination shall be made at least three days prior to such appointment ; — and no appointment shall take place unless a majority of the Council agree thereto. The Gov'. & Council shall have a negative on each other, both in the nominations & appointments. The yeas and nays both of the Gov & Council present, on all nomi nations & appointments, shall be entered on the Journals of the Coun cil. The Captains and subalterns in the respective Regiments, shall be .nominated by the Field officers, and if approved by the Gov'., shall be appointed by him. 68 STATE OF NEW HAMPSHIRE. LIEUTENANT GOVERNOR. There shall be annually elected in the month of March, a Lieu'. Gov', whose title shall be His Honor ; — and who shall be qualified in point of property, residence, and elected, in the same manner as the Governor is. The qualifications of the electors shall be the same as those required by this Constitution for the electors of Senators. The Lieu' Governor, when the Governor is in the Chair, shall be President of the Senate and have a casting vote in case of a tie. Whenever the Chair of the Governor shall be vacant by reason of his death, absence from the state, or otherwise, the Lieu' Gov', shall, during such vacancy, have and exercise all the powers and authorities which by this Constitution the Gov', is vested with, when personally present. COUNCIL. There shall be annually elected by ballot five Councillors for advising the Gov', in the Executive part of Government. The freeholders and other inhabitants in each County, qualified to vote for senators, shall some time in the month of March, give in their votes for one Councillor ; and the number of votes for Councillors shall be returned to the Secretary of the State in like manner as the votes for Governor, and the Secretary and Treasurer of the State shall, un till the Legislature shall appoint other persons for that purpose, sort and count the votes, make a record thereof, and certify the choice; which record, and the returns from the several Towns, parishes and places, shall be deposited in the Secretary's office ; — and the person having a majority of votes in any County, shall be considered as duly elected a Councillor; but if no person shall have a majority of votes in any County, the Senate & House of Representatives shall take the names of the two persons who have the highest number of votes in each County, and not elected, and out of them two, shall elect by joint ballots, the Councillor wanting for such County : Provided nevertheless. That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which or more shall be a freehold in his own right ; and who is not thirty years of age, and who shall not have been an inhabitant of this State for seven years immediately preceding his election ; and at the time of his election an inhabitant of the County in which he is elected. The Secretary shall annually, seventeen days before the third Wednesday of September, give notice of the choice to the person elect ed. If any Councillor shall be elected Governor or Lieu' Gov. or mem ber of either branch of the Legislature, and shall accept the trust; or if any person elected as a Councillor shall refuse to accept the office, or in case of the death, resignation, or removal of any Councillor out of the State ; the Gov', may issue a precept for the election of a new JOURNAL OF CONVENTION. 69 Councillor in that County where such vacancies shall happen ; — and the choice shall be in the same manner before described. If any new County shall hereafter be made in this State, a Councillor shall be chosen therein in the same manner as before directed. COUNTY TREASURERS. Provided nevertheless, the Legislature shall have authority to alter the mode of electing these officers, but not so as to deprive the people of the right [they] now have of electing them ; and also to divide the several Counties into as many Districts for registering of Deeds, as to them shall appear necessary ; — and the inhabitants of each District to elect a Register. JUDICIAL POWER. The Judicial Power of the State shall be vested in a Supreme Court of Judicature, except as is hereafter provided : — This Court shall con sist of one Chief Justice & not more than nine nor less than six asso ciates Justices. The Supreme Judicial Court shall be, and they hereby are fully authorized & impowered to grant new trials and restorations to law in all cases where it shall to them appear reasonable. The power of hearing & determining causes in Equity, shall, by the Legislature, be vested in the Supreme Judicial Court; — which power shall be limited & defined by law ; and no suit in Equity shall be sus tained, where adequate justice may be had in the Courts of Law. There shall be a Court erected in each County, to be called the Coun ty Court, to consist of one Chief Justice and not more than six, nor less than four Associate Justices, who shall have all the jurisdiction, civil & criminal, and all the powers and authorities that now appertain to the Courts of General Sessions of the peace ; and such other mat ters as the Legislature may constitutionally assign them — the trying of civil suits excepted: and except the raising County taxes ; — which taxes shall be granted by the Representatives of each County in such manner as the Legislature shall direct : Provided nevertheless. That the Legislature shall have authority to make such other regulations by Law, as shall be necessary for the appropriation of county taxes. Appeals shall be granted from s* County Court to the Supreme Judi cial Court, as they are now allowed from the Court of General Sessions of the peace to the Superior Court ; or in such cases & manner as the Legislature may by Law establish. Justices of the peace shall have the power of hearing and determin ing all actions wherein the damage demanded does not exceed four pounds, except those wherein the title to things real may be drawn in question ; — an appeal being allowed in civil actions to the Supreme Ju dicial Court, and in criminal matters, to the County Courts, in such cases and manner as the Legislature shall by Law establish. No person shall hold the office of Judge of any Court, or sheriff of any County, after he has arrived at the age of 65 years. 70 STATE OF NEW HAMPSHIRE. No Judge of any Court or Justice of the peace shall act as attorney or be of counsel to any party, or originate any civil suit in matters that shall come before him as judge or justice of the peace. No judge or Register of Probate of Wills &c. shall be of counsel, act as advocate, or receive any fees as advocate or counsellor in any Probate business that is pending or that may be brought into any Court of Probate in the County of which he is judge or register. OATH. I, A. B., do solemnly swear that I will bear faith and true allegi ance to the State of New Hampshire, and will support the Constitution thereof: — So help me God. Any person having taken & subscribed the oath of allegiance, and the same being filed in the Secretary's office, he shall not be obliged to take said oath again. No new Town or parish shall be formed in whole or in part, out of any town or parish, without the consent of a major part of the quali fied voters of such town or parish out of which they are so formed, vot ing upon the question at a legal meeting for that purpose. The Legislature, whenever two thirds of both Houses shall deem it necessary, shall propose amendments, or on the application of a major ity of the incorporated towns and parishes within this State, shall call a Convention for preparing amendments, which in either case shall be valid to all intents and purposes as part of this Constitution, when ap proved of by a majority of qualified voters present and voting in town meetings on the question. The Secretary of the State shall at all times have a Deputy, to be by him appointed, for whose conduct in office he shall be responsible :— and in case of the death, removal, or inability of the Secretary, his deputy shall have & exercise all the duties of the office of Secretary untill another shall be appointed. The Secretary before he enters upon the business of his office, shall give bond, with sufficient Sureties in a reasonable sum, for the use of the State, for the punctual performance of his trust, as the Legislature shall direct. ^ To the end that there may be no failure of justice or danger to this State by the alterations & amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the amendments and alterations shall take effect, and make the necessary arrangements accordingly. _ All Judges of Courts and other civil officers whose appointment is vested in the Gov & Council, (Justices of the peace & Coroners JOURNAL OF CONVENTION. 7 1 excepted) shall be appointed and commissioned within one year after adopting the amendments to the Constitution ; and the Commissions of all such officers, who have been heretofore appointed by the Presi dent and Council, shall thereupon determine and become void. N. B. Some small alterations not herein mentioned, are in the In-r corporation. II. {The Constitution as reported by the committee, February 9, 179S, itmh the foregoing alterations and amendments incorporated. — Ed.] THE CONSTITUTION OF NEW HAMPSHIRE. PART I. THE BILL OF RIGHTS. Article i='. All men are born equally free and independent: Therefore, all gov ernment, of right, originates from the people, is founded in consent, and instituted for the general good. 2. All men have certain natural, essential, and inherent rights — among which are, the enjoying and defending life and liberty ; acquiring, pos sessing, arid protecting property ; and, in a word, of seeking and ob taining happiness. 3- When men enter into a state of society, they surrendfer up some of their natural rights to that society, in order to ensure the protection of others ; and, without such an equivalent, the surrender is void. 4- Among the natural rights, some are, in their very nature, unaliena ble, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience. S- . Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience and reason ; and no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship. 6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay, in 72 STATE OF NEW HAMPSHIRE. the hearts of men, the strongest obligations to due subjection ; and as the knowledge of these is most likely to be propagated through a so ciety, by the institution of the public worship of the Deity, and of pub lic instruction in morality and religion; therefore, to promote those important purposes, the people of this State have a right to empower, and do hereby fully empower, the Legislature, to authorize, from time to time, the several towns, parishes, bodies corporate, or religious so cieties, within this State, to make adequate provision, at their own ex pense, for the support and maintenance of public protestant teachers of piety, religion, and morality : Provided notwithstanding. That the several towns, parishes, bodies corporate, or religious societies, shall, at all times, have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no person, of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persua sion, sect, or denomination. And every denomination of Christians, demeaning themselves quiet ly, and as good subjects of the State, shall be equally under the protec tion of the law : And no subordination of any one sect or denomina tion to another, shall ever be established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry ; but all such contracts shall re main, and be in the same state as if this Constitution had not been made. 7- The people of this State have the sole and exclusive right of govern ing themselves as a free, sovereign, and independent State ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in Congress assembled. 8. All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. 9- No office or place whatsoever, in government, shall be hereditary — the abilities and integrity requisite in all, not being transmissible to posterity or relations. lo. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, when ever the ends of government are perverted, and public liberty manifest ly endangered, and all other means of redress are ineffectual, the peo ple may, and of right ought to, reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. II. All elections ought to be free, and every inhabitant of the State, JOURNAL OF CONVENTION. 73 having the proper qualifications, has equal right to elect, and be elect ed, into office. 12. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this State controlable by any other laws than those to which they, or their representative body, have given their consent. 13- No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. 14. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, prop erty, or character; to obtain right and justice freely, without being obliged to purchase it ; completely, and without any denial ; promptly, and without any delay ; conformably to the laws. IS- No subject shall be held to answer for any crime, or offence, until the same is fully and plainly, substantially and formally, described to him ; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him, face to face ; and to be fully heard in his defence, by himself, and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. 16. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the Legislature make any law that shall subject any person to a capital punishment, (excepting for the govern ment of the army and navy, and the militia in actual service) , without trial by Jury. 17- In criminal prosecutions, the trial of facts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate of the citizen, that no crime or offence ought to be tried in any other coun ty than that in which it is committed ; except in cases of general insur rection in any particular county, when it shall appear to the Judges of the Superior Court, that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the Legis lature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. 18. All penalties ought to be proportioned to the nature of the offence. 74 STATE OF NEW HAMPSHIRE. No wise Legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and trea son: Where the same undistinguishing severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do those of the lightest die. For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate, mankind. 19. Every citizen hath a right to be secure from all unreasonable search es and seizures of his person, his houses, his papers, and all his pos sessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation ; and if the order, in a war rant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accom panied with a special designation of the persons or objects of search, arrest, or seizure ; and no warrants ought to be issued, but in cases, and with the formalities, prescribed by law. 20. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore other wise used and practised, the parties have a right to a trial by Jury ; and this method of procedure shall be held sacred, unless in causes arising on the high seas and such as relate to mariners' wages, and also in ac tions where the sum demanded in damages shall not exceed twenty shillings ; the Legislature shall think it necessary hereafter to alter it. 21. In order to reap the fullest advantage of the inestimable privilege of the trial by Jury, great care ought to be taken, that none but qualified persons should be appointed to serve ; and such ought to be fully com pensated for their travel, time, and attendance. 22. The LIBERTY OF THE PRESS is essential to the security of Free dom in a State : It ought, therefore, to be inviolably preserved. 23- Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of oflfences. 24. A well regulated militia is the proper, natural, and sure defence of a State. 25. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature. 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power. JOURNAL OF CONVENTION. 75 27. No soldier, in time of peace, shall be quartered in any house, without the consent of the owner ; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the Legislature. 28. _No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their Representatives in the Legislature, or authority de rived from that body. 29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the Legislature, or by authority derived therefrom, to be exercised in such particular cases only as the Legisla ture shall expressly provide for. 30- The freedom of deliberation, speech, and debate, in either House of the Legisfature, is so essential to the rights ofthe people, that it cannot be the foundation of any action, complaint, or prosecution, in any other Court or place whatsoever. 31- The Legislature ought frequently to assemble for the redress of griev ances, for correcting, strengthening, and confirming the laws, and for making new ones as the common good may require. 32- The people have a right, in an orderly and peaceable manner, to as semble and consult upon the common good, give instructions to their Representatives, and to request of the legislative body, by way of peti tion or remonstrance, redress of the wrongs done them, and of the grievances they suffer. 33- No Magistrate, or Court of Law, shall demand excessive bail or sure ties, impose excessive fines, or inflict cruel or unusual punishments. 34- No person can, in any case, be subjected to law-martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the Legislature. 3S- It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial inter pretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the Judges of the Supreme (or Superior) Judicial Court should hold their offices so long as they behave well ; and that they should have honorable salaries, ascertained and established by standing laws. 36. CEconomy being a most essential virtue in all States, especially in a young one ; no pension shall be granted, but in consideration of actual •j6 STATE OF NEW HAMPSHIRE. services ; and such pensions ought to be granted with great caution, by the Legislature, and never for more than one year at a time. 37- In the government of this State, the three essential powers thereof, to wit, the Legislative, Executive, and Judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the Constitution in one indissoluble bond of union and amity. 38. A frequent recurrence to the fundamental principles of the Constitu tion, and a constant adherence to justice, moderation, temperance, in dustry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government ; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and Representatives : And they have a right to require of their law-givers and magistrates, an exact and constant ob servance of them, in the formation and execution ofthe laws necessary for the good administration of government. 39- Beasts of the plough, not exceeding a yoke of oxen, or a horse, in struments of husbandry, & the necessary tools of a man's trade, shall not be liable to be distrained, attached, or taken on execution for debt, unless by the person who furnished them. PART II. THE FORM OF GOVERNMENT. The people inhabiting the territory of the State of New Hampshire, do hereby solemnly and mutually agree with each other, to form them selves into a free, sovereign, and independent Body Politic, or State, by the name of the State of New Hampshire. THE GENERAL COURT. The Supreme Legislative Power, within this State, shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other. The Senate and House of Representatives shall assemble every year on the third Wednesday of September, and at such other times as they may judge necessary ; and shall dissolve, and be dissolved, seven days next preceding the said third Wednesday of September; and shall be stiled THE GENERAL COURT OF NEW HAMPSHIRE The General Court shall forever have full power and authority to erect and constitute Judicatories and Courts of Record, or other Courts not repugnant or contrary to this Constitution, to be holden in tSe name of the State, for the hearing, trying, and determining all manner of JOURNAL OF CONVENTION. yy crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising or happening within this State, or between or concerning persons inhabiting or residing, or brought within, the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed ; and for the awarding and issuing execution thereon. To which Courts and Judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or de pending before them. And further, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and es tablish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming and settling, all civil officers within this State ; such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for ; and to set forth the several duties, powers, and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be re spectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution ; and also to impose fines, mulcts, imprisonments, and other punishments ; and to impose and levy proportional and reasona ble assessments, rates, and taxes, upon all the inhabitants of, and resi dents within, the said State ; and upon all estates within the same ; to be issued and disposed of by warrant, under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the government of this State, and the protection and preservation of the citizens thereof, according to such acts as are, or shall be, in force within the same. Every bill which shall have passed both Houses, shall, before it be come a law, be presented to the Governor : if he approve he shall sign it, but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large in their Journal, and proceed to reconsider it. If after such reconsid eration, four sevenths of that House shall agree to pass the bill, it shall be sent together with such objections to the other house, by which it shall likewise be reconsidered, and if approved by a majority of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas & nays ; & the names of the per sons voting for or against the bill, shall be entered on the Journal of each House respectively. If any bill shall not be returned by the Gov ernor within five days (Sundays excepted) after it shall have been pre sented to him, the same shall be a law, in like manner as if ,he had signed it, unless the Legislature by their adjournment prevent its re turn, in which case it shall not be a law. Every Resolve shall be presented to the Governor, & before the same shall take effect, shall be approved by him, or being disapproved by yS STATE OF NEW HAMPSHIRE, him, shall be repassed by the Senate & House of Representatives, ac cording to the rules & limitations prescribed in the case of a bill. No member of the General Court shall take fees, be of counsel, or act as advocate, in any cause before either branch of the Legislature ; and upon due proof thereof, such member shall forfeit his seat in the Legislature. All persons who behave decently shall have liberty of admission, to hear the debates & proceedings of both Houses of the Legislature, ex cept when the welfare of the State shall require secrecy. While the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised ; and in order that such assessments may be made with equal ity, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftener as the General Court shall order. SENATE. THE Senate shall consist of twelve members, who shall hold their office for two years from the third Wednesday of September next ensu ing their election. And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into twelve dis tricts, as nearly equal as may be without dividing towns and unincor porated places ; and in making this division, they shall govern them selves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district. The freeholders and other inhabitants of each district, qualified as in this Constitution is provided, shall biennially give in their votes for a Senator, at some meeting holden in the Month of March. The Senate shall be the first branch of the Legislature ; and the Sen ators shall be chosen in the following manner, viz. Every male inhabit ant of each town, and parish with town privileges, and places unincor porated, in this State, of twenty-one years of age and upwards, paying forhimself, or liable to pay a poll tax, or the amount thereof, shall have a right, at the annual or other meetings of the inhabitants of said towns, parishes and places, to be duly warned and holden every second year forever in the month of March, to vote for a Senator in the district whereof he is a member. And every person qualified as the Constitution provides, shall be con sidered an inhabitant for the purpose of electing & being elected into any office or place within this State, in that town, parish & plantation where he dwelleth & hath his home. The Legislature when they divide the State into districts, & as often as they shall think necessary, shall appoint some suitable persons as counters, in each district, who shall meet on the Thursday next follow ing the second Wednesday of April every year in which there is meet ings field in the district for the election of a Senator ; and the General Court shall appoint the place of their meeting, and it shall be the duty of said counters untill others are appointed in their room, to receive, examine and count the votes for Senators & make a proper record there- .ot, certify the choice, and seasonably deposit the returns from the sev- JOURNAL OF CONVENTION. 79 eral towns, parishes & places, & the record of their proceedings in the Secretary's office. The meetings for the choice of Senators, & all governmental officers, shall be warned by warrant from the selectmen, & governed by a Mod erator, who shall preside at such meetings impartially, & receive the votes of all the inhabitants of such towns, & parishes present & quali fied to vote for Senators, & shall sort & count the same in the meeting & in presence of the town clerk, who shall make a fair record in open meeting, of the name of every person voted for, & the number of votes against his name, & a fair copy of this record shall be attested by the Town Clerk, & shall be sealed up & directed to the counters of the Dis trict with a superscription expressing the purport thereof, & delivered by said Clerk to the counters of the District in which such town or parish is, on or before the second Wednesday of April next following such town meeting. Provided nevertheless. That no person shall be capable of being elected a Senator, who is not seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this State, -who is not of the age of thirty years, and who shall not have been an in habitant of this State for seven years immediately preceding his elec tion, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And the inhabitants of plantations and places unincorporated, quali fied as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden every sec ond year in the month of March, at such places respectively therein as the assessors thereof shall direct ; which assessors shall have like au thority for notifying the electors, collecting and returning the votes, as the Selectmen and Town Clerks have in their several towns by this Constitution. In case there shall not appear by the returns to the counters to be a Senator elected by a majority of votes for any district, the counters of that district shall take the names of the two persons who shall have the highest number of votes, & the number of votes that each of them shall have, & certify & deliver the same to the Selectmen of each town and parish, & the assessors of unincorporated places in such District, within eight days after the counting thereof; and it shall be the duty of said Selectmen and assessors respectively to warn a meeting of the in habitants qualified to vote for Senators, to be held within fifteen days after the expiration of said eight days, giving at least twelve days notice, to elect one person out of the two returned as aforesaid to be Senator for the District. And the several town clerks & assessors in said Dis trict shall, within eight days after the expiration of said fifteen days, return a fair attested copy of the record of the number of votes in the towns, parishes & places in the District, to the counters of said District ; and the counters shall, on the ninth or tenth day after the expiration of said fifteen days, meet & as soon as may be, sort & count the votes, de clare the choice & notify the person elected. And in case it shall so happen, that two or more persons, having the highest number of votes, shall have an equal number, the counters shall. 80 ¦ STATE OF NEW HAMPSHIRE. by lot determine which of them shall be sent to the people. And if it should so happen, that from the returns from the meetings held to com pleat the elections, that the two persons voted for should have an equal number of votes, the counters shall by lot determine which of them shall be Senator for such District & notify him accordingly. All intermediate vacancies that may happen in the Senate, shall, from time to time be filled up in the same manner as the first elections are directed to be made ; the Governor appointing the time for holding the meetings for that purpose. The Senate shall be final judges of the elections, returns, and qualifi cations, of their own members, as pointed out in this Constitution. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided nevertheless. That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day, or at such place. The Senate shall appoint their own officers, and determine their own rules of proceedings : And not less than seven members of the Senate shall make a quorum for doing business ; and when less than eight Sen ators shall be present, the assent of five, at least, shall be necessary, to render their acts and proceedings valid. The Senate shall be a Court, with full power and authority to hear and determine all impeachments made by the House of Representatives against any officer or officers of the State, for mis-conduct or mal ad ministration, in their offices. But previous to the trial of any such im peachment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of hon or, trust, or profit, under this State ; but the party, so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land. Every officer whilst under an impeachment, shall be suspended from the exercise of the duties of his office ; but the trial shall be as speedy as the nature of the case will admit. HOUSE OF REPRESENTATIVES. THERE shall be, in the Legislature ofthis State, a representation of the people, annually elected, and founded upon principles of equality: And, in order that such representation may be as equal as circumstances will admit, every town, parish, or place entitled to town privileges, hav ing one hundred and fifty rateable male polls, of twenty-one years of age, and upwards, may elect one Representative ; if four hundred and fifty rateable polls, may elect two Representatives ; and so proceeding, in that proportion, making three hundred such rateable polls the mean increasing number, for every such additional Representative. Provided, nevertheless. That whenever the number of members of *u i,^u°"^^ °^ Representatives shall exceed one hundred and ten, it shall be the duty of the Legislature to make such arrangements as that the members shall not at any time exceed that number ; nor shall the JOURNAL OF CONVENTION. 8 1 towns & districts intitled to send Representatives at any time be less than eighty. Such towns, parishes, or places, as have less than one hundred and fifty rateable polls, shall be classed by the General Court, for the pur pose of chusing a Representative, and seasonably notified thereof. And in every class, formed for the above-mentioned purpose, the first annual meeting shall be held in the town, parish, or place, wherein most of the rateable polls reside ; and afterwards in that which has the next highest number ; and so on annually, by rotation, through the several towns, parishes, or places, forming the district. Whenever any town, parish, or place, intitled to town privileges, as aforesaid, shall not have one hundred and fifty rateable polls, and be so situated as to render the classing thereof with any other town, parish, or place, very inconvenient, the Legislature may, upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a Representative to the General Court. The members of the House of Representatives shall be chosen annu ally, in the month of March, and shall be the sec/nd branch in the Legislature. C All persons, qualified to vote in the election of Senators, shall be en titled to vote, within the town, district, parish, or place where they dwell, in the choice of Representatives. Every member of the House of Rep resentatives shall be chosen by ballot ; and for two years, at least, next preceding his election, shall have been an inhabitant of this State ; shall have an estate within the district which he may be chosen to rep resent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right ; shall be, at the time of his election, an inhabitant of the district he may be chosen to repre sent; and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid. The members of both Houses of the Legislature shall be compensat ed for their services out of the treasury of the State, by a law made for that purpose ; such members attending seasonably, and not depart ing without licence. All vacancies, in the House of Representatives* may be filled up, at any time in the year as occasion may require. The House of Representatives shall be the Grand Inquest of the State ; and all impeachments made by them, shall be heard and tried by the Senate. All money bills shall originate in the House of Representatives ; but the Senate may propose, or concur with, amendments, as on other bills. The House of Representatives shall have power to adjourn them selves, but no longer than two days at a time. A majority of the members of the House of Representatives shall be a quorum for doing business : But when less than two thirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings; valid. No member of the House of Representatives, or Senate, shall be ar rested, or held to bail, on mean process, during his going to, returning from, or attendance upon, the Court. The House of Representatives shall be judges of the returns, elections & qualifications of its members, as pointed out in this constitution ; choose their own Speaker, appoint their own officers & settle the rules 82 STATE OF NEW HAMPSHIRE. of proceedings in their own house. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the House, in its presence, by any disorderly and contemptuous behavior, or by threatening, or ill treating, any of its members ; or by obstruct ing its deliberations ; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his at tendance at any session ; in assaulting or disturbing any one of its offi cers in the execution of any order or procedure of the House ; in as saulting any witness, or other person, ordered to attend, by and during his attendance of the House ; or in rescuing any person arrested by order of the House, knowing them to be such. The Governor, Senate, and Council, shall have the same powers in like cases : provided, that no imprisonment by either, for any offence, exceed ten days. The journals of the proceedings of both Houses of the General Court, shall be printed and published immediately after every adjournment or prorogation; and shall contain all Acts & Resolves. & also votes for raising, granting & appropriating public monies ; and upon motion made by any one member, the yeas and nays, upon any question, shall be taken & entered upon the journals : And any member of the Senate, or House of Representatives, or Council, shall have a right, on motion made at the time for that purpose, to have his protest, or dissent, with the reasons, against any vote, resolve, or bill, passed, entered on the journals. EXECUTIVE POWER. governor. There shall be a Supreme Executive Magistrate, who shall be stiled The Governor of the State of New Hampshire ; and whose title shall be His Excellency. The Governor shall be chosen annually, and no person shall be eligi- bleto this office, unless at the time of his election, he shall have been an inhabitant of this State for seven years next preceding ; & unless he shall be of the age of thirty years ; & unless he shall at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within the State. Those persons qualified to vote for Senators and Representatives, shall, -within the several towns, parishes or places where they dwell, at a meeting to be called for that purpose, some day in the month of March annually, give in their votes for a Governor, to the Moderator who shall preside at such meeting ; & the Clerk in the presence & with the assistance of the moderator shall, in open meeting, sort & count the votes, and form a list of the persons voted for, with the number of votes for each person against his name, & shall make a fair record of the same in the town books, & a public declaration thereof in the said meeting; and shall, in the presence of said inhabitants seal up a copy of said hst attested by him, & transmit the same to the Sheriff of the County, thirty days at least before the third Wednesday of September, ¦or shall cause returns of the same to be made to the office of the Sec retary of the State, seventeen days at least before said day, who shall It^i^t^l™^,''^^"!:^ *^ ^^°^te ^ House of Representatives on the third Wednesday of September, to be by them examined : And in case JOURNAL OF CONVENTION. 83 of ah election by a majority of votes through the State, the choice shall be by them declared & published ; but if no person shall have a major ity of votes, the House of Representatives shall, by ballot, elect two out of four persons who had the highest number of votes, if so many shall have been voted for; but if otherwise, out of the number voted for, & make return to the Senate of the two persons so elected ; — on which the Senate shall proceed by ballot to elect one of them who shall be declared Governor. The Governor witTi advice of Council, shall have full power & author ity in the recess of the General Court, to prorogue the same from time to time, not exceeding ninety days in any one recess of said Court ; and during the session of said Court to adjourn or prorogue it to any time the two houses may desire, & to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the State may require the same. In cases of disagreement between the two Houses, with regard to the time of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same seven days be fore the said third 'Wednesday of September. And, in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State. The Governor of this State for the time being shall be commander in chief of the army and navy, and all the military forces of the State, by sea and land ; and shall have fnll power by himself, or by any chief com mander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this State ; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and per sons as shall, at any time hereafter, in a hostile manner, attempt or en terprize the destruction, invasion, detriment or annoyance ofthis State; and to use and exercise over the army and navy, and over the militia in actual service, the law-martial in time of war, invasion, and also in re bellion, declared by the Legislature to exist, as occasion shall necessa rily require : And surprize, by all ways' and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invad ing, conquering, or annoying this State : And in fine, the Governor hereby is entrusted with all other powers incident to the office of Cap tain-General and Commander in Chief, and Admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land : Provided, that the Governor shall not, at any time hereaf ter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same. 84 STATE OF NEW HAMPSHIRE. without their free and voluntary consent, or the consent of the General Court, nor grant commissions for exercising the law-martial in any case, without the advice and consent of the Council. The power of pardoning offences, except such as persons may be con victed of before the Senate, by impeachment of the House, shall be in the Governor, by and with the advice of the Council : But no charter of pardon granted by the Governor, with advice of Council, before con viction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. All judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, and all officers ofthe navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, unless a majority of the Council agree thereto. The Gov ernor and Council shall have a negative on each other, both in the nominations and appointments. The yeas & nays both of the Governor & Council present, shall on all nominations & appointments be entered on the Journals of the Council. The Captains and subalterns in the re spective regiments shall be nominated by the field officers, & if approved by the Governor, shall be appointed by him. No officer duly commissioned to command in the militia, shall be re moved from his office, but by the address of both Houses to the Gov ernor, or by fair trial in court martial, pursuant to the laws of the State for the time being. The commanding officers of the regiment shall appoint their Adju tants and Quarter Masters ; the Brigadiers, their Brigade-Majors ; the Major-Generals, their Aids; the Captains and Subalterns, their non commissioned officers. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State, until the same shall be altered by some future law. No monies shall be issued out of the treasury of this State, and dis posed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the Council, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the Commissary-General, all superintending officers of public magazines and stores, belonging to this State, and all com manding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public proper ty under their care respectively; distinguishing the quantity and kind of each, as particularly as may be ; together with the condition of such forts and garrisons : And the commanding officer shall exhibit to the Governor,, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. JOURNAL OF CONVENTION. 85 The Governor and Council shall be compensated for their services, from time to time, by such grants as the General Court shall think rea sonable. Permanent and honorable salaries shall be established by law, for the Justices of the Supreme Court. LIEUTENANT governor. There shall be annually elected in the month of March, a Lieutenant Governor, whose title shall be His Honor : And who shall be qualified in point of property & residence, & elected in the same manner as the Governor is. The qualifications of the electors shall be the same as those required by this Constitution for the election of Senators. The Lieutenant Governor, when tbe Governor is in the chair, shall be President of the Senate, & have a casting vote in case of a tie. Whenever the chair of the Governor shall be vacant, by reason of his death, absence from the State, or otherwise, the Lieutenant Governor shall, during such vacancy, have & exercise all the powers & authorities which by this Constitution the Governor is vested with when personally present. COUNCIL. THERE shall be annually elected, by ballot, five Councillors, for ad vising the Governor in the executive part of government. The free holders and other inhabitants in each county, qualified to vote for Sen ators, shall, some time in the month of March, give in their votes for one Councillor ; [The number of votes for Councillors shall be returned to the Secretary of the State, in like manner as the votes for Governor. The Secretary & Treasurer of the State, shall, untill the Legislature shall appoint other persons for that purpose, sort & count the votes, make a record thereof, & certify the choice, which record, & the returns from the several towns, parishes & places shall be deposited in the Sec retary's office.] [The foregoing paragraph within brackets is crossed in the journal. — Ed.] And the person having a majority of votes in any county, shall be considered as duly elected a Councillor : But if no person shall have a majority of votes in any county, the Senate and House of Representa tives shall take the names of the two persons who have the highest num ber of votes in each county, and not elected, and out of them two shall elect, by joint ballot, the Councillor wanting for such county. Provided nevertheless, That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which (or more) shall be a freehold in his own right ; and who is not thirty years of age ; and who shall not have been an inhabitant of this State for seven years im mediately preceding his election ; and, at the time of his election, an inhabitant of the county in which he is elected. The Secretary shall, annually, seventeen days before the third Wednes day of September, give notice of the choice to the persons elected. S6 STATE OF NEW HAMPSHIRE. If any Councillor shall be elected Governor or Lieutenant Governor, or member of either branch of the Legislature, and shall accept the trust; or if any person, -elected as Councillor, shall refuse to accept the office ; or in case of the death, resignation, or removal of any Councillor out of the State ; the Governor may issue a precept for the election of a new Councillor in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed. If any new county shall hereafter be made in this State, a Councillor shall be chosen therein in the same manner as before directed. The Governor shall have full power and authority to convene the Coun cil, from time to time, at his discretion ; and, with them, or the major ity of them, may, and shall, from time to time, hold a Council, for or dering and directing the affairs of the State, according to the laws of the land. The members of the Council may be impeached by the House, and tried by the Senate, for mal-conduct. The resolutions and advice of the Council shall be recorded by the Secretary, in a register, and signed by all the members present agrees ing thereto ; and this record may be called for at any time, by either House of the Legislature ; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion. And whereas the elections, appointed to be made by this Constitu tion, on the third Wednesday of September annually, by the two Hous es of the Legislature, may not be completed on that day, the said elec tions may be adjourned from day to day, until the same shall be com pleted : And the order of the elections shall be as follows : The Governor shall be first elected, provided there should be no choice of him by the people : And afterwards, the two Houses shall proceed to fill up the vacancy, if any, in the Council. SECRETARY, TREASURER, COMMISSARY, &C. The Secretary, Treasurer, & Commissary-General, shall be chosen by joint ballot of the Senators and Representatives assembled in one room. The records of the State shall be kept in the office of the Secretary, and he shall attend the Governor and Council, the Senate, and Repre sentatives, in person, or by Deputy, as they may require. The Secretary of the State shall, at all times, have a Deputy, to be by him appointed ; for whose conduct in office he shall be responsible : And in case of the death, removal, or inability of the Secretary, his Deputy shall have and exercise all the duties of the officp of Secretary of Jthis State, until another shall be appointed. _ The Secretary, before he enters upon the business of h'S office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trust. COUNTY TREASURER, &C. The County Treasurer, & Registers of Deeds shall be elected by the inhabitants of the several towns, in the several Counties in the State, according to the method now practised, & the laws of the State. Provided nevertheless. The Legislature shall have authority to alter JOURNAL OF CONVENTION. 87 the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them — & also to divide the sev eral Counties into as many districts, for registering of deeds, as to them shall appear necessary, the inhabitants of each District to elect a Reg ister. The County Treasurers & Register of deeds, before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, & shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the County or District, for the punctual performance of their respective trusts. JUDICIARY POWER. The Judicial power of the State shall be vested in a Supreme Court of Judicature, except as is hereafter provided ; This court shall consist of one Chief Justice, & and not more than nine nor less than six Associate Justices. The Supreme Judicial Court shall be & they hereby are, fully author ized and empowered, to grant new trials & restorations to law, in all cases where to them it shall appear reasonable. The power of hearing & determining causes in Equity, shall, by the Legislature, be vested in the Supreme Judicial Court, to be limited and defined by law ; and no suit shall be sustained in Equity, where ade quate remedy may be had in the courts of law. There shall be a Court erected in each county, to be called the County Court, to consist of one Chief Justice, & not more than six nor less than four Associate Justices, who shall have all the jurisdiction in civil & criminal matters and vested with all the powers and authorities that now appertain to the Courts of General Sessions ofthe Peace, and such other matters (the trying of civil suits excepted) as may be constitu tionally assigned to them by the Legislature, except the raising County taxes, which taxes shall be raised by the Representatives in each Coun ty, in such manner as the Legislature shall direct — appeals shall be granted from said Courts to the Supreme Judicial Court, as they are now allowed from the Courts of General Session of the Peace to the Su perior Court ; or in such cases and manner as the Legislature may by Law establish : Provided nevertheless. That the General Court shall have authority to make such other regulations by law as shall be neces sary for the appropriation of County taxes. Justices of the Peace shall have the power of hearing & determining all actions wherein the sum demanded in damage does not exceed four pounds, except those wherein the title to things real may be drawn in question — an appeal being allowed in civil actions to the Supreme Ju dicial Court, & in criminal matters to the County Courts in such cases & manner as the Legislature shall by law establish. The tenure that all commission officers shall have by law in their offi ces, shall be expressed in their respective Commissions. All Judicial officers, duly appointed, commissioned & sworn, shall hold their offices during good behavior, excepting those concerning whom there is a dif ferent provision made in this Constitution : Provided nevertheless, the Governor, with consent of Council, may remove them upon the Address of both Houses of the Legislature. Each branch of the Legislature, as well as the Governor & Council, 88 STATE OF NEW HAMPSHIRE. shall have authority to require the opinions of the Justices of the Su preme Court upon important questions of Law, & upon solemn occa sions. No person shall hold the office of Judge of any Court or sheriff of any County, after he has arrived to the age of 65 years. In order that the people may not suffer from the long continuance in place of any Justice of the Peace, who shall fail in discharging the im portant duties of his office with ability & fidelity, all commissions of Justices of the Peace shall become void, at the expiration of five years from their respective dates ; but upon the expiration of any commission, the same may, if necessary, be renewed. No Judge of any Court, or Justice ofthe Peace, shall act as Attorney, or be of council, to any party, or originate any civil suit, in matters that shall come before him as Judge, or Justice of the Peace. All matters relating to the probate of wills, and granting letters of administration, &c. shall be exercised by the Judges of Probate, in such manner as the Legislature have directed, or may direct ; And the Judges of Probate shall hold their Courts at such place or places, on such fixed days as the convenience of the people may require : And the Leg islature shall from time to time hereafter appoint such times & places, untill which appointments, the said Courts shall be holden at the times & places which the respective Judges shall direct. No Judge or Register of Probate of Wills, &c. shall be of Council, act as Advocate or receive any fees as advocate or council, in any pro bate business that is pending, or that may be brought into any Court of probate in the county of which he is Judge or Register. All causes of marriage, divorce & alimony, & all appeals from the re spective judges of probate, shall be heard & tried by the Supreme Court, untill the Legislature shall, by Law, make other provision. CLERKS of courts. The Clerks of the Courts of law shall be appointed by the respective Courts during pleasure : And to prevent any fraud or unfairness in the entries & records of the Courts, no such Clerk shall be of council, in any cause in the Court of which he is Clerk, nor shall he fill any writ in any civil action whatsoever. ENCOURAGEMENT OF LITERATURE, &c. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government ; and spread ing the opportunities and advantages of education through the'various parts of the country, being highly conducive to promote this end ; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and cecon omy, honesty and punctuality, sincerity, sobriety, and all social affec tions, and generous sentiments, among the people. JOURNAL OF CONVENTION. 89 OATH and Subscriptions; Exclusion from Offices; Commissions; Writs ; Habeas Corpus ; the Enacting Stile ; Continuance of Officers ; Provision for a future Revision ofthe Constitution, &^c. Any person chosen Governor, Lieutenant Governor, Councillor, Sen ator, or Representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz. I, A. B., do solemnly swear, that I will bear faith and true allegiance to the State of New Hampshire, and will support the Constitution there of. So help me God. I, A. B., do solemnly and sincerely swear and affirm, that I will faith fully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the Laws of the State of New Hampshire. So help me God. Provided always. When any person chosen or appointed as aforesaid, shall be scrupulous of swearing, & shall decline taking the said oaths, such shall take & subscribe them, omitting the word "swear," and like wise the words, "So help me God;" subjoining instead thereof. This I do under the pains and penalties of perjury. Any person having taken and subscribed the oath of allegiance, and the same being filed in the Secretary's office, he shall not be obliged to take said oath again. And the oaths or affirmations shall be taken and subscribed by the Governor, before the Lieutenant Governor, in the presence of the Leg islature, and by the Senate and Representatives first elected under this Constitution, as amended, and altered, before the President and three of the Council of the former Constitution, and forever afterwards before the Governor and Council for the time being ; and by the resi due of the officers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the Legislature. All commissions shall be in the name of the State of New Hamp shire, signed by the Governor, and attested by the Secretary, or his Deputy, and shall have the great seal of the State affixed thereto. All writs issuing out of the Clerk's office in any of the Courts of Law, shall be in the name of the State of New Hampshire ; shall be under the seal of the Court whence they issue, and bear test of one of the Justices of the Court to which the same shall be returnable ; and be signed by the Clerk of such Court. All indictments, presentments, and informations, shall conclude, against the peace and dignity of the State. The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. The privilege and benefits of the Habeas Corpus, shall be enjoyed in this State, in the most free, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes, and laws. 90 STATE OF NEW HAMPSHIRE, shall be— Be it enacted by the Senate and House of Representatives, in General Court convened. No Governor, Lieutenant Governor or Judge of the Supreme Judicial Court, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice of the Peace throughout the State ; nor shall they hold any place or office, or receive any pension or salary, from any other State, government, or power, whatever. No person shall be capable of exercising, at the same time, more than one of the following offices within this State, viz. Judge of Pro bate, Sheriff, Register of Deeds ; and never more than two offices of profit, which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or Supreme judi cial or Inferior Courts ; military offices, and offices of Justices of the Peace, excepted. No person holding the office of Judge of any Court, Secretary, Treas urer of the State, Attorney-General, Commissary-General, military offi cers receiving pay from the continent or this State, (excepting officers of the militia, occasionally called forth on an emergency) Register of Deeds, President, Professor or instructor of any college. Sheriff, or officer of the customs, including naval officers. Collectors of excise. Collectors of taxes, members of Congress, or any person holding any office under the government of the United States, shall, at the same. time hold the office of Governor, Lieutenant Governor, or have a seat in the Senate, or House of Representatives, or Council ; but their being chosen or appointed to, and accepting the same, shall operate as a res ignation of his seat in the chair. Senate, House of Representatives, or Council ; and the place so vacated shall be filled up. No person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption, in ob taining an election or appointment. No new town or parish shall be formed in whole or in part, out of any town or parish without the consent of a major part of the qualified voters of such town or parish, out of which they are so formed, voting upon the question at a legal meeting held for that purpose. All Judges of Courts and other civil officers, whose appointment is vested in the Governor and Council (Justices of the Peace and coro ners only excepted) , shall be appointed and commissioned within one year after adopting the amendments to the Constitution: and the Com missions of all such officers who have been heretofore appointed by the President and Council shall thereupon determine and become void. To the end that there may be no failure of justice, or danger to the State, by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the amendments and alterations shall take effect, and make the necessary arrangements accordingly. This form of government shall be enrolled on parchment, and de posited in the Secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof. The Legislature, whenever two thirds of both houses shall deem it JOURNAL OF CONVENTION. 9 1 necessary, shall propose amendments, or on the application of a ma jority of the incorporated towns and parishes within this State, shall call a Convention for proposing amendments, which in either case, shall be valid to all intents and purposes as part of this Constitution, when approved of by a majority of the qualified voters present and voting in town meetings on the question. [Journal resumed — p. 88.] Proceeded to take up the report of the Committee and considered the same paragraph by paragraph ; and in order for a free and full discussion thereof. Convention resolved themselves into a Committee of the whole: The HonW Nattf Peabody Esq"^. appointed chairman, who took the chair : They then proceeded to a consideration of the report. The first proposed amendment was in the 19*^^ Article of the Bill of Rights, which was read and no debate thereon [see marg. p. 46]. The second was in the 20"^ Article of the said Bill of Rights, which was read : The proposed alteration was in the following words : "And also in Actions where the sum de manded in Damages shall not exceed twenty shillings ;"-t- and after much debate the question was put. Whether said alteration shall stand in said article as reported ; — which was determined in the negative. Some words were then pro posed as a substitute, but were not accepted. The Committee then rose with leave to sit again ; and the President 'took the chair &the Committee reported progress. [p. 89.] Adjourned to 9 o'clock to-morrow morning. Friday, Feby lO*^ 1792. Convention met according to adjournment. After read ing the Journal of yesterday &c. proceeded in Com**^® of the whole: The chairman having taken the chair. Resumed the consideration of the 20* article of the Bill of Rights, and after some debate motion was made to post pone the further consideration thereof for the present— which passed in the affirmative. The next proposed amendment was for a thirty-ninth Ar^ tide in the bill of Rights in the following words: "Beasts of the plough not exceeding a yoke of oxen or a horse. Instru ments of Husbandry, and the necessary tools of a man's trade, shall not be liable to be distrained, attached or taken in Execution for Debt, unless by the person who furnished them." After some debate the question was put, Shall this be I 92 STATE OF NEW HAMPSHIRE. accepted as an article of the Bill of Rights ? Voted in the negative. The next proposed amendment was in the second para graph under the head General Court: — which was to make the paragraph read thus: "The Senate and House shall assemble every year on the third Wednesday of Sep tember, and at such other times as they may judge neces sary, and shall dissolve and be dissolved seven days next preceding the said third Wednesday of September, and shall be stiled the General Court of New Hampshire" — which [p. 90.] being read and considered and after some debate, the question was put, Shall the word September stand in the re port.? Voted in the negative. Motion was then made to insert the word November : — but the motion was lost. Motion was then made that the word January be inserted, and the word " third " be struck out, that it might read the first Wednesday in January : but the motion was lost. Motion was then made that the last mentioned paragraph of the report be postponed to make way for the following : Shall there be any alteration made in the time for the first meeting of the General Court } — which motion prevailed. The question was then put. Shall there be any alteration made in the time for the first meeting of the General Court ? To determine which the yeas and nays were called, and were as follows, viz. : [p. 91.] 49 Yeas — 50 Nays. So no alteration is to be made. Proceeded to the Report under the head President [see margin, p. 5 5] or Governor. The first paragraph pro posed to be altered to read as follows, (viz.) The word " President" shall be struck out and Governor inserted in all the sections where the President is named : which report was read and considered, received and accepted. [p. 92.] The next amendment that took place was in the following words : "But if no person shall have a majority of votes, the Senate and House of Representatives shall by joint Ballot elect one of the two persons having the highest number of votes who shall be declared Governor." The Committee then rose with leave to sit again, and the President took the Chair, and the Committee reported progress. The Convention then adjourned to 3 o'clock p. m. JOURNAL OF CONVENTION. 93 Met accordingly. Proceeded to the first paragraph under the Head Gen eral Court. Two alterations were proposed, but neither obtained, and it was voted to postpone the consideration of said proposed alterations for the present. They then proceeded to the paragraphs under the head Governor. The second paragraph was read and not de bated. The third paragraph as reported was read and received so far as to the words above mentioned, " but if no person [p. 93. J shall have a majority," &c. The fourth paragraph was received with the alteration from " ninety days" to " seven months," and with an altera tion fixing the place to which the Governor shall adjourn the Court in cases of disagreement between the two Branch es &c. to meet at the place where the General Court should be at that time sitting. The remainder of the paragraphs were accepted as far as to the one beginning thus : " The Governor and Council shall be compensated," -Sec. The Committee then rose with leave to sit again, and the President took the Chair, and the Committee reported progress. The Convention then adjourned to 9 o'clock to-morrow mornS. Saturday, Feb^ ii*^ 1792. The Convention met according to adjournment. After reading the Journal &c. proceeded in Committee (The Chairman in the Chair) to the consideration of the para graph. The Governor and Council, &c. And was Voted to stand thus : The Governor and Council shall have a com pensation for their services, to be fixed annually by the General Court early at their first session, which shall not be [p. 94.] increased or diminished during the time for which the Governor and Council shall have been elected. The next paragraph was read respecting Salaries to the Judges of the Supreme Court, but not debated. Proceeded to the Report under the head, Lieut. Governor, but it was not accepted. Nextly, proceeded to consider of the Report respecting the Governor's power in legislation, or otherwise the nega tive that the Governor may have on the Acts of the Legis lature; — which is placed under the head 94 state of new hampshire. General Court. The Report was accepted with this alteration that, On the return of a Bill by the Governor for reconsideration, it shall require two thirds of both Houses instead of four sevenths of one and a majority of the other, — as reported. The next paragraph in the report respecting the Gov ernor's negative on a Resolve was accepted. The next paragraph respecting a member taking fees, [p. 95.] being of Council &c. was accepted. Instead of the next paragraph reported, the following was substituted : — The doors of the Galleries of each house of the Legislature shall be kept open to all persons who behave decently, except when the welfare of the State, in the opin ion of either branch shall require secrecy. Proceeded to the Report under the head Senate, and Voted that the word "twelve" be erased & the word thirteen inserted in the first and second paragraphs, but did not finish the debate on the first paragraph respecting elect ing the Senate for two years. The Committee rose with leave to sit again, and the President took the Chair and the Committee reported progress. Convention then adjourned to Monday next at 3 o'clock, p. m. Monday, Feby 13* 1792. Convention met according to adjournment. After reading the Journal &c. The Chairman took the Chair and in Committee of the whole proceeded to the con sideration of the Senators being chosen for two years, and being divided into two classes, and dismissing seven the first year, and filling up the vacancies from the same dis tricts, and dismissing the remainder the next year, and fill [p. 96.] up the vacancies from the districts in which they were chosen, and so on annually by rotation : & after some debate the foregoing proposition was postponed to make way for the following, (viz.) That in order fo render the Senate Independent of and a check upon the other Branch of the Legislature, and that they may indeed be the rep resentatives of the People, the choice of the Senate ought to be completed by the People themselves, and not by the medium of the House of Representatives ; and Senators JOURNAL OF CONVENTION. 95 elected as has been heretofore practised : — which last prop osition was determined by yeas & nays, and are as follows ; — 44 yeas — ^45 nays. So it was negatived. The foregoing proposition was then tried and rejected. In the third clause reported, the word "biennially" to be erased and the word annually inserted. In the fourth clause, the words, "Every second year" be erased and that the word annually [be] inserted. On the words in said fourth clause "paying for himself or liable to pay a poll tax or the amount thereof," some debate ensued and a Committee was chosen to report thereon ; the Committee were Mr. Thompson, Mr. Walker & Mr. Blan chard. The Committee then rose with leave to sit again, and the President took the chair and the Committee reported prog ress. [p. 98.] Adjourned to half past 8 o'clock to-morrow morn ing. Tuesday, Feby 14*^ 1792. The Convention met according to adjournment. After reading the Journal, &c. the chairman having taken the chair proceeded on the report of the Committee : much debate en sued on a proposed clause in the following words : "Every officer whilst under impeachment shall be suspended from the exercise of the duties of his office, but the trial shall be as speedy as the nature of the case will admit : " — but the clause was rejected. On debating the report of the Sub Committee and the matter to them referred, motion was made, that the words "paying for himself a poll tax" be erased, and the words " excepting paupers & persons excused from paying taxes at their own request" be inserted; — which motion prevailed: And that the word "free" be inserted following the word "every." Proceeded to the Report under the head General Court. Debated on several proposed amendments, but no altera tion made in the Constitution. The Committee rose with leave to sit again and the Presi- [p. 99.] dent took the chair. The Committee reported prog ress. 96 STATE OF NEW HAMPSHIRE. Adjourned to half past 2 o'clock p. m. Met accordingly. Voted, That when the business is gone through in Com mittee of the whole, and Convention shall have come to a determination with respect to any alteration that may be made, that the Secretary with William Plummer Esq. ar range the alterations that may have taken place, by incor porating said alterations into the Bill of rights and Constitu tion in their proper places. Proceeded in Committee of the whole (The chairman hav ing taken the chair) to the consideration of the report under the head General Court, and the following clause in the report was rejected, (viz) a Pi'oviso, that when the number of Representatives shall amount to one hundred and ten, the Legislature shall make such arrangements as that at no time they shall exceed that number, nor at any time less than eighty. The alteration respecting filling up vacancies was also re jected. Proceeded to the report under the head Council. [p. 100.] Accepted the whole, with the word "and" added to the paragraph respecting a new County,— till the last clause respecting the order of Elections— which was passed over without a determination. Proceeded to the Report under the head Secretary, Treasurer, Commissary, &c. the whole of which was accepted. Proceeded to the Report under the head County Treasurer, &c. which was debated with respect to Registers of Deeds, but came to no determination. The Committee then rose with leave to sit again, and the President took the chair, and the Committee reported prog- Adjourned to 9 o'clock- to-morrow morning. Wednesday, Feby 15* 1792. Convention met according to adjournment. After read ing the Journal, &c. Proceeded to the report of the Com- JOURNAL OF CONVENTION. 97 mittee under the head County Treasurer, &c. the first [p. IOI.] clause in the report was accepted ; the second ac cepted with the following words inserted — " the manner of certifying the votes, and " — to be inserted immediately after the word " alter." Also the following words inserted, "And also on the application of the major part of the inhabitants of any county, to divide the same into two districts for registering of Deeds when ever it shall appear reasonable," instead of the words, " and also to divide the several Coun ties into as many districts for registering of Deed[s] as to them shall appear necessary" — the other clause was ac cepted. Proceeded to consider of the report under the head Judiciary Power. Voted that the whole of the system be considered in the first place and afterwards to take the paragraphs separately. After some debate the Committee rose with leave to sit again ; and the President took the chair and the Committee reported progress. Adjourned to 3 o'clock p. m. Met accordingly. Proceeded in Committee of the whole to the considera- [p. 102.] tion of the report under the head Judiciary Power. After some debate it was voted to proceed by paragraphs. Upon reading the first paragraph, which was in the fol lowing words : " The Judicial power of the State shall be vested in a Supreme Court of Judicature, except as is here after provided ; This Court shall consist of one Chief Jus tice and not more than nine nor less than six associate Justices." Motion was made to divide the paragraph and take a vote on the former part, which obtained, namely : " The Judicial Power of the State shall be vested in a Su preme Court of Judicature, except as is hereafter provided :" on which the yeas and nays were called and are as follows. [p. 103.] 48 Yeas — 54 nays. So it was rejected. Motion was then made that the remainder under said head be postponed, to consider of a proposition laid on the table by a member ; — which motion obtained : but before any debate ensued the Committee rose with leave to sit again, and the President took the Chair — and the Commit tee reported progress. Adjourned to 9 o'clock to-morrow morning. g8 STATE OF NEW HAMPSHIRE. [p. 104.] Thursday, Feby 16^, 1792. Convention met according to adjournment. After reading the Journal &c.. Proceeded in Committee of the whole to take under consideration the proposition voted to be taken under consideration the last evening ; and motion was made to postpone said proposition, and take under consideration another delivered in this morning by a member in the following words : " It shall be the duty of the General Court to make a i-eform in the Judiciary Sys tem, that Justice may be administered in a more cheap and expeditious manner than is now practised ; and that no party shall have a review after the cause has been deter mined against him twice by Jury." After some debate it was moved to postpone the. last proposition in order to make room for the following : "If the General Court shall judge it necessary for the public good they are authorized and impowered to abolish the. Courts of Common pleas and invest such other Courts as they may establish with the powers and Jurisdiction now vested in said Courts of Common pleas, or to make any regulations respecting the powers and Jurisdiction now [p. 105.] existing, as the public good may require.' After some debate the motion was divided, and motion was made to take the opinion of the Committee whether the following words in the proposition should stand : " It shall be the duty of the General Court to make a reform in the Judi ciary system:" to determine which the yeas and nays were [p. 106.] called and are follows : 56 Yeas — 39 nays. So the words are to stand. It was then voted that said proposition be accepted' as before stated, in the following words : "It shall be the dWy of the General Court to make a reform in the Judiciary sys tem that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a review after the cause has been determined against him twice b.y Jury." The Committee then rose with leave to sit again, andthe President took the chair and the Committee reported prog ress. Adjourned to 3 o'clock, p. m. Met accordingly. [p. 107.] Proceeded in Committee of the whole to the con sideration of the following proposition: "The. General Court journal of CONVENTION. 99 are hereby impowered to make alterations in the power and jurisdiction of the Courts of Common pleas and the Court of General Sessions respectively, or if they shall judge it nec essary for the public good, to abolish those Courts or either of them, and invest such other Courts as they may establish, with the jurisdiction and powers now vested in the said Courts of Common pleas and Courts of General Sessions of the Peace, as the General Court may from time to time judge expedient for the due administration of Law and Justice" — which proposition was accepted. The next proposition debated was in the following words : "The General Court are also impowered to give to Justices of the Peace (who shall by the Executive be specially com missioned for that purpose) jurisdiction in civil causes when the .damages demanded shall not exceed four pounds and title of land is not concerned, but with right of appeal to either party to some other Court, so tiiat a trial by Jury in the last resort may be had." After some debate it was voted to strike out the words [p. 108.] "who shall by the Executive be specially com missioned for that purpose," and the proposition was then accepted : — Determined by yeas and nays, 64 yeas — 34 nays. Proceeded to the report respecting vesting Chancery powers, which was in the following words : " And may vest in such Courts respectively as to the General Court may appear for the public good, the Powers incident to a Court of Equity in Chancery, not repugnant to the Constitution." After some debate it was agreed to have it stand as voted the last session, excepting that the words- " ought fo " be erased, and instead thereof the words, "shall by the Legisla ture." The Committee then rose with leave to sit again, and the President took the chair, and the Committee reported prog^ ress. Adjourned to 9 o'clock to-morrow moming. Friday, Feby 17* 1792. Convention met according to adjournment. Aitet heading the Journal &c. Proceeded in Committee of the Whole to con sider of several motions proposed for vesting the power of granting new trials & restoring to Law &c. After some de- [p. 109.] bate the several motions were committed to the IOO STATE OF NEW HAMPSHIRE. consideration of Mr. Pickering, Mr. Livermore, Mr. Hum phreys, Mr. Atherton & Mr. Payne who are to report their opinion. The next paragraph in the report respecting the tenure of Commissions &c. was accepted. The next respecting the Legislature requiring the opinions of the Supreme Court &c. was accepted. The next paragraph respecting a Judge or Sheriff hold ing their office after 65 years of age, motion was made to strike off 6$ and insert 70, — which motion obtained; and the words "or Judge of Probate," to be inserted, following the word " Court" — was accepted with the alterations. The next paragraph, respecting Commissions of Justices of the Peace expiring in five years was accepted. The next paragraph. Judges and Justices &c. being of Council &c. was accepted. The next paragraph relating to Probate of Wills &c. was referred to the Committee chosen this morning, and that they report their opinion. The remaining two paragraphs were accepted, under said head. [p. IIO.] Under the head Clerk of Courts, the paragraph was accepted. Under the head Encouragement of Literature, the para graph was accepted. Under the head Oaths & Subscriptions, Exclusions, &c. the several paragraphs were accepted, with the word "Lieu tenant Governor " erased, till it come to the paragraph be ginning, "all writs issuing" &c. which clause was rejected. The two next paragraphs were accepted. The next paragraph in the Constitution though not re ported is to come under consideration in Convention. The two next paragraphs were accepted as reported. Proceeded to the next paragraph reported " No Governor," &c. after some debate, the Committee rose with leave to sit again, and the President took the chair, and the Committee reported progress. Adjourned to 3 o'clock, p. m. Met accordingly. Proceeded in Committee of the whole to the paragraph under consideration, when the Committee rose and accepted the same. journal of convention. IOI [p. III.] The next paragraph was read, considered and ac cepted. The next paragraph was read and the words " Collectors of Excise and State and Continental taxes hereafter ap pointed and not having settled their accounts for their col lections with the respective officers with whom it is their duty to settle such accounts," added to said paragraph. Motion was then made to strike out the words " President, professor or Instructor of any College ; " After some debate the question was put, shall the words stand — which question was determined by yeas and nays, and were as follows : — viz. [p. 112.] 56 Yeas — 45 Nays. So the motion did not prevail. The next paragraph was accepted. The next proposed paragraph, " No new town or parish," &c. was rejected. The next proposed paragraph, "All Judges of Courts," &c. was rejected. The next proposition that came under consideration was respecting an officer to act as first magistrate in case of a vacancy, and voted that " the President of the Senate offi ciate as first magistrate in the absence of the Governor." [p. 113.] The Committee rose with leave to sit again, and the President took the Chair, and the Committee reported progress. Adjourned to 9 o'clock to-morrow morning. Saturday, Feby iS*'*, 1792. Convention met according to adjournment. After read ing the Journal &c. Proceeded in Committee of the whole to consider of the Reports of the Sub Committee. The report on the several motions proposed for vesting the powers of granting new trials, restoring to Law, &c. was in the following words: "And it shall be the duty of the Gen eral Court to vest in such Court or Courts of Law as to them may appear expedient, the power of Granting new trials, or a trial after judgment, either upon verdict of a Jury, default, non-suit, or complaint for affirmation of judg ment, in all cases when substantial justice has not been done (except as before excepted) in such manner and under such restrictions and regulations as to the General Court may appear for the public good : Provided, application be made for such review or trial within one year from the ren- [p. 1 14.] dition of judgment :" — which report was accepted. 102 state of new HAMPSHIRE. , On the paragraph relating to the Probate of Wills &c. which was referred to the Sub Committee, they reported as follows : "All matters relating to the Probate of Wills &c. granting letters of administration &c. shall be exercised by the Judges of Probate in such manner as the Legislature have directed or may direct ; and the judges of Probate shall hold their Courts at such place or places on such fixed days as the convenience of the people may require and the Legislature from time to time appoint :" which report was accepted. The next proposition that was considered was in the fol lowing words : " The person who in case of a vacancy shall execute the office of Governor, shall be chosen by the Peo ple in the same way and manner, as the Governor by the Constitution is to be chosen : " — which was determined by Yeas and Nays — and are as follows : viz. [p. 115.] 47 Yeas — 52 Nays. So the motion was lost. It was then voted, that "the Senate shall appoint their President and other officers," and determine &c. as in the present Constitution. Nextly, proceeded to the consideration of a proposition in the following words, viz. "The Senate before they proceed [p. 116.] to the trial of any officer impeached, sha:ll summon him by process to be served by a sworn officer at least days before the day of trial ; and in case of his non-appear ance shall proceed to hear the Impeachment and evidence, and render judgment, his non-appearance notwithstanding;" — which, with causes of impeachment &c. was referred to a Committee consisting of Mr. Humphreys, Mr. Plummer and Mr. Peabody, who are to report to Convention their opinion thereon. Voted, That Mr. Walker, Mr. Thompson, Mr. Peabody, Mr. Atherton Sz; Mr. Humphreys be a Committee to take under consideration the 20* Article in the Bill of Rights. The Committee then rose with leave to sit again, and the President took the chair and the Committee reported prog ress. Adjourned to 3 o'clock, p. m. Met accordingly. The next paragraph in the report, "To the end that there be no failure," &c. was accepted. The next paragraph was accepted. [p. 117.] Instead of the last paragraph reported, the follow ing was voted — "At the first annual or other meeting held for the choice of Representatives after seven years is expired JOURNAL OF convention. I03 from the time of the Amendments to the Constitution hav ing been accepted, the Electors shall give their Representa tives their opinion or Instructions in writing voted at the meeting, relative to the propriety or necessity of calling a Convention to revise the Constitution ; and if it shall appear to the General Court that it is the opinion of a major part of the people voting thereon to have the Constitution revised, it shall be their duty to call a Convention for that purpose ; and the same method shall be observed at the end of every seven years afterwards ; And the amendments which may be agreed on by such Convention shall be valid to all intents and purposes as part of this Constitution when approved of by of the qualified voters present and voting in Town meeting on the question." The Committee then rose and the President took the chair, the Committee informed that their Report should be given in on Monday morning, at the time of the meeting of Convention.[p. 118.] Adjourned to Monday next at 9 o'clock, a. m. Monday, Feby, 20*'', 1792. Convention met according to adjournment. Read the Report of the Committee of the whole, and voted to pro ceed in the following manner, (viz.) to take up the report of the Committee of Convention and the Committee of the whole, and determine thereon. [Note. The following appears to be the Report of the Committee of the whole, referred to on page 118 of the Journal: it is found in MS. Journal on pages 443-450, as follows. — Ed.] The Committee of the whole, having taken under their consideration the Report of the Committee of Convention chosen in September last, and maturely deliberated thereon, agree to the following al terations in said Report, (viz.) To strike out the 39"" article in the BiU of Rights. Under the head General Court, 2* Paragraph — .Strike out the word "third" and insert the word " first." Strike out the word " September" & insert the word "June." 5'h Paragraph — Strike out the words " four sevenths," and insert the words " two thirds ; " also, Strike out the words " a majority," and in sert the words " two thirds " instead thereof. 8* Paragraph — Strike out the whole, and insert as follows : " The doors of the Galleries of each House of the Legislature, shall be kept open to all persons who behave decently, except when the wel fare of the State in the opinion of either Branch shall require secrecy." 104 STATE OF NEW HAMPSHIRE. Under the head Senate. 1=' Paragraph— Strike out the word " twelve," and insert the word " thirteen: " Strike out the words " two years," and insert the words " one year: " Strike out " third "Wednesday of September," and insert " first "Wednesday of June." 2^ Paragraph— Strike out the word "twelve" and insert the word " thirteen." 3'! Paragraph— Strike out the word " biennially," and insert the word " annually." 4«ii Paragraph— Strike out the words " every second year," and insert " annually : " Strike out "paying for himself a poll tax or liable to pay poll tax or the amount thereof," and insert, " excepting paupers and persons excused from paying taxes at their own request." 6* Paragraph — Strike out. 7* Paragraph — Strike out the whole after the words " sealed up and directed," and insert words necessary to make the method of returning &c. to read as in the present constitution. 9"i Paragraph — Strike out the words " every second year," and insert the word " annually." 10*, ii"", & I2"i Paragraphs rejected, and the same method to be pursued to determine the choice of Senators, when a majority of votes is wanting, as when a Governor has not a majority. The last Paragraph was rejected. 'Voted, That the Senate shall appoint their President and other offi cers, and determine their own rules of proceedings, and not than less than seven members of the Senate shall make a quorum for doing busi ness ; and when less than eight Senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid. The President of the Senate shall officiate as first magistrate in the absence of the Governor. Under the head. House of Representatives, the Proviso follow ing the first Paragraph strike out. Executive Power. Under the head. Governor. 3* Paragraph — Strike out the whole after the words "the House," and insert, "The Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor.", 5'i» Paragraph — the words, " to meet at the place where the General Court shall be at that time sitting," are to be inserted following the word " require." 14* Paragraph — Strike out, and insert the following : _ The Governor and Council shall have a compensation for their ser vices, to be fixed Annually by the General Court early at their first session, which shall not be encreased nor diminished during the time for which the Governor & Council shall have been elected. The whole under the head Lieut. Governor strike out. Under the head Council. 4«' Paragraph strike out the word " third," & insert " first." Strike out the word " September " and insert " June." JOURNAL OF CONVENTION. I05 ^'¦^ Paragraph — Strike out the words " Lieut. Governor. " Begin the 6* paragraph with the word "And." The last paragraph respecting the order of Elections was not deter mined. Under the head Secretary, Treasurer, Commissary &c. no alteration was made. Under the head County Treasurer, &c. 2* paragraph insert the words "The manner of certifying the votes and," following the word "alter." Strike out "And also to" &c. and insert, "and also on the application of the major part of the Inhabitants of any County, to divide the same into two districts for registering of Deeds whenever it sTiall ap pear reasonable." Under the head Judiciary Power. The i^', 2*, 4* & 5* paragraphs rejected, and the following voted : — " It shall be the duty of the General Court to make a reform in the Judiciary system, that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a Review after the cause has been determined against him twice by a " The General Court are hereby impowered to make alterations in the power and jurisdiction of the Courts of Common Pleas and Courts of General Sessions respectively ; or if they shall judge it necessary for the public good, to abolish those courts or either of them, and invest such other Courts as they may establish with the jurisdiction and powers now vested in the Courts of Common Pleas and Courts of General Ses sions of the Peace, as the General Court may from time to time judge expedient for the due administration of Law and Justice. "And it shall be the duty of the General Court to vest in such Court or Courts of Law as to them may appear expedient, the power of grant ing new trials, or a trial after judgment, either upon verdict of a Jury, default, non-suit, or complaint for affirmation of judgment in all cases when substantial justice has not been done (except as before excepted) in such manner and under such restrictions and regulations as to the General Court may appear for the public good ; Provided application be made for such review or trial within one year from the rendition of judg ment." 3* Paragraph committed to a Sub Committee. gth Paragraph, the words " or Judge of Probate" to follow the word "Court." Strike out the words "sixty-five," and insert the word " seventy." nth Paragraph, strike out the word "shall," and the word "here after," and the whole after the word " appoint." Under the head Oaths, & Subscriptions, Exclusions, &c. 1=' Paragraph — Strike out the words " Lieut. Governor." 5"" Paragraph, — Strike the whole out. io"" Paragraph, — Strike out the words " Lieut. Governor." 12"' Paragraph — Strike out the words, " Collectors of Excise, Collector of taxes," and insert "Collectors of Excise and State and Continental taxes hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts " following " Naval officer." Strike out the words " Lieutenant Governor." 106 state of NEW HAMPSHIRE. 14 Paragraph strike out. iJ Paragraph strike out. The last Paragraph strike out and insert the following : "At the first annual or other meetings held for the choice of Representatives after seven years is expired from the time of the amendments to the Consti tution having been Accepted, the Electors shall give their Representa tives their opinion or Instructions in writing. 'Voted at the meeting rel ative to the propriety or necessity of calling a Convention to revise the Constitution, and if it shall appear to the General Court that it is the opinion of a major part of the people voting thereon to have the Con stitution revised, it shall be their duty to call a Convention for that purpose, and the same method shall be observed at the end of every seven years afterwards : And the amendments which may be agreed on by such Convention shall be valid to all intents and purposes as part ot this Constitution, when approved of by of the qualified voters present and voting in town meeting on the question." N. B. A paragraph beginning "All Laws" &c. not acted upon. Accepted the first five articles in the Bill of rights with out any alteration. gth Article debated and referred to Mr. Peabody, Mr. Walker & Mr. Livermore. 7*'' Accepted with this alteration: Strike out "United State[s] of America in Congress Assembled," and insert "Congress of the United States of America." ga gth^ joa ijtt 12^ 13^ i4«>, I5t^ i6th Articles were accepted without any alteration: 17"" accepted — erasing the word "Assembly," and insert the word " Legislature." 18'^ accepted — erasing the words "those of," also the word " dye" and insert " offences." 19*'^ accepted — erasing the word " citizen" and inserting "subject." * 20*"^ article erased, and the one received as reported by the Committee and inserted instead of the one erased. [See Report of Com., marg. p. 189.] 2I«t, 22^ 23I, 24*, 25* 26^ 27"^ 28» 29*^, 3o«', 3i^«, 32^ 33^ and 34*'' rec''. [p. 119.] 3S«> accepted, with striking out the words "or Superior." 36**, 37^ 38*'' accepted. 39«' rejected. Adjourned to 3 o'clock P. M. Met accordingly. Proceed to the Form of Government. First paragraph accepted with this alteration,— " of the State of New Hampshire," erased, and the words "formerly called the Province of New Hampshire" [instead] journal of convention. 107 General Court. i^* pai-agraph accepted — 2^ accepted with erasing the words "third Wednesday of September," and inserting the words " last Wednesday of October" in two places in the paragraph — which was determined by yeas and nays, and are as follows : 50 yeas, — ^46 nays. 3^4*'' accepted ; 5*^ accepted, striking out "four sevenths," and inserting " two thirds ;" and striking out "a majority" and insert " two thirds." 6* and 7*^ accepted ; 8* rejected and another inserted ; 9*** accepted. Senate. jtn Paragraph accepted with the alterations made in Com mittee of the whole. Adjourned to 9 o'clock to-morrow morning. Tuesday, Feby 21^^ 1792. Convention met according to adjournment. Proceeded to the consideration of the several remaining paragraphs under the head. Senate. The 6*" & 7"' accepted, the 8^ 9*'' & io*"" rejected ; the 1 1*^ 12* & 13"' accepted with some small alterations which were made in the proper place ; 14''' accepted with some alterations which were inserted. [p. 120.] The last paragraph reported, — which was in the following words, viz., " Every officer whilst under impeach ment shall be suspended from the exercise of the duties of his office unless the House of Representatives shall order otherwise ; but the trial shall be as speedy as the nature of the case will admit" — which paragraph was largely debated, and the yeas and nays called to determine thereon, and were as follows : 46 yeas — ^49 nays. So the motion was lost. [p. 121.] Adjourned to 3 o'clock, p. m. Met accordingly. Proceeded to the consideration of the several articles or Paragraphs under the head House of Representatives* On the I*' paragraph much debate ensued, and motion was made to strike out the words "three hundred," and insert " two hundred and twenty-five " as the mean increas ing number — to determine which the yeas & nays were called and were as follows : 19 yeas — 79 Nays. So the motion was lost and no alter ation was made in said article. I08 state of new HAMPSHIRE. [p. 122.] The next paragraph contained in z. proviso to prevent the number of Representatives being more than one hundred and ten at any one time hereafter. Sic. was re jected. The remainder under said head was accepted till it comes to the paragraph respecting printing the Journal of the Gen' Court, & after some debate it was rejected as re ported, and received as it stands in the Constitution, with the addition of the following words : "And all the public Acts " to follow the words, " General Court." The following paragraph was added, " And any member of the Senate or House of Representatives shall have a right on motion made at the time for that purpose to have his protest or dissent with the reasons against any vote, re solve or Bill passed, entered on the Journals." Proceeded to consider of the Paragraphs under the head, Governor (as reported). The first paragraph was accepted and the 2^ came under consideration, and it was voted, that an alteration be made, 'which was inserted in its place : the 3"^ came under con sideration respecting Electors &c. and voted, that Mr. [p. 123.] Payne, Mr. Humphreys & Mr. Livermore be a Committee to make an arrangement of the several Para graphs touching the Executive, and make them conformable to certain votes that have been passed in Convention. Adjourned to 9 o'clock to-morrow morning. Wednesday, Feby 22*^, 1792. Convention met according to adjournment. Proceeded to consider of the Report of the Committee on the 6"" Article in the Bill of rights— which after being fully debated, motion was made to accept the report:— on which motion the yeas and nays were called, and are as follows : 57 yeas— 35 Nays. So the report was accepted. [p. 124.] Accepted the report of the Committee on the last clause or paragraph under the head Senate. Proceeded to consider of the Report of the Committee, to consider of and report upon the whole under the head Governor, and accepted the same. Proceeded to consider of the Paragraphs under the head , journal of convention. 109 Council, and voted to erase the paragraph giving liberty in case there should be a new County to have an additional Counsellor — which was rejected. Adjourned to 3 o'clock p. m. Met accordingly. The following Proviso was taken under consideration: " Provided nevertheless, that the Legislature may if the pub lick good shall hereafter require it, divide the State into five Districts for the election of Counsellors, according to the numbers and taxes as nearly equal as may be, that one Coun sellor may be chosen in each District:" which Proviso was accepted. Voted That every nomination and appointment shall be signed by the Governor and Council, and every negative shall be signed by the Governor or Council who negatived the same. Under the head Secretary, Treasurer, &c. received as reported by the Com**® of Convention. Report [p. 125.] of the Committee of the whole under the head County Treasurer, &c. was received as reported by the Committee. Under the head County Treasurer &c. the whole received as reported by the committee of the whole. Under the head, Judiciary Power received as reported by the Committee of the whole. The paragraph under the head. Clerk of Courts refer'd to Mr. Humphreys for an alteration. Under the head, Encouragement of Literature, the paragraph was accepted as reported. Under the head Oaths & Subscriptions &c. accepted as reported. Adjourned to 9 o'clock to-morrow morning. Thursday, Feby, 23^, 1792. Convention met according to adjournment. Received the report under the head " Clerk of Courts" — ^which was as fol lows: "The Judges of the Courts, (those of Probate except ed,) shall appoint their respective Clerks during pleasure; and no such clerk shall be of Council in any cause in the Court of which he is clerk, nor shall he draw any writ orig inating a Civil Action." IIO state of new HAMPSHIRE. [p. 126.] Proceeded to the paragraph which excludes cer tain: officers from holding a seat in the Legislature, and mo tion v/as made to insert the words "Justices of the Peace;" to determine which the yeas & nays were called, and are as follows : 34 yeas — 62 nays. So the motion did not prevail. [p. 127.] Motion was made to strike out the words "Judge of the Inferior Court of Common Pleas : " — ^but the motion was lost. Motion was then made to strike out the words, " Presi dent, Professor or Instructor of any College " — which passed in the affirmative, and the words were struck out. Voted, That when the Governor shall be tried on Im peachment the Chief Justice of the State shall preside in the Senate, but shall have no vote therein. Voted, That Mr. Humphreys, Mr. Page & Mr. Newcomb be a Committee to report on the last paragraph in the Con stitution. Adjourned to 3 o'clock p. m. Met accordingly. The Committee reported on the last Paragraph, which re port was read and considered, received and accepted. Voted That Mr. Cilley, Mr. Thompson, Mr. Atherton, Mr. Chase and Mr. Freeman be a Committee to consider and report in what way and manner the proceedings in Con vention shall be printed and distributed to the several Towns ; when the meetings in the Towns shall be held ; the manner of the Towns making returns & the time and place where Convention shall hold their next session. [p. 128.] The foregoing Committee reported: "That some person be appointed to agree with a printer to strike off copies of the proceedings of Convention ; that he superintend the Press ; that he direct one copy to the Se lectmen of each Town, parish and unincorporated place ; that he bind up the copies belonging to each County in a separate bundle and direct and send them to the sheriffs of the respective Counties, accompanied with a letter directing the sheriff to send the copies of the several respective Towns &c. in the County without delay ; that the meetings in the several towns throughout the State to consider and vote on the doings of the Convention, be held' on the first Monday in May next, and that the Convention adjourn to meet again on the last Wednesday of said May,.at Concoid;" JOURNAL OF CON'VENTION. Ill On reading and considering the foregoing report, it was Voted, That two persons be employed for the purpose men tioned. Voted, That Mr. Thompson, Mr. Toppan & Mr. Peabody be a Committee to nominate four persons — two of whom to be appt* a Committee for said purpose. Voted, That Mr. Page, Mr. Plummer & Mr. Livermore be a Committee to point out the manner in which the returns from the several Towns shall be made. [p., 129.] Adjourned to 8 o'clock to-morrow morning. Friday, Feby 24*^ 1792. Convention met according to adjournment. The Com mittee to Nominate four persons, two of whom &c. nominat ed Mr. Pickering, Mr., Peabody, Mr. Walker & Docf^ Sam' Tinney. The Committee to whom was referred, to consider in what manner the returns &c. should be made, reported: "That the Articles of amendments be incorporated with the Constitu-- tion^ and printed : And the Articles of Amendment be num bered, and also printed with two blank columns on each page, with the amendments, and at the top of one column he printed the words, "Votes for the Amendments," and at the top of the other column be printed, "Votes against the Amendments:" That the returns be made by writing down against each particular Amendment the number of votes for the. article or against the article, as the case may be, and that there be printed at the end of the articles a certificate in the following words, (viz.) "I Town clerk of do hereby certify and attest, that the number of votes for and against each ar- [p. 130.] tide of amendment as set down in each column against each particular article, is just and true as voted and taken in town meeting duly warned for that purpose, and held in the town of in the County of this day of May, Anno Domini 1 792. Town Clerk." The Committee further report an order to be printed on the first page of the Articles of amendments as follows, (viz.) " In Convention held at Concord the second Wednesday of Feby, 1792, by adjournment, ordered that the Constitu tion, with the articles of amendment incorporated, be printed, 112 STATE OF NEW HAMPSHIRE. in order that the Constitution Amended be better under stood ; and the Articles of Amendments be also printed and sent to the several Towns and unincorporated places as soon as may be, to be laid before each Town and unincor porated place at a meeting of the Inhabitants duly warned for that purpose, to be held on the first Monday of May next, being the 7"' day of s<^ month, to be separately voted [p. 131.] upon by the qualified voters present, and the Clerk of. such Town or place shall seal up the articles of amend ments with the number of votes written down for or against each particular article and cause return thereof to be made to the Convention at Concord on the last Wednesday in May next :" — which report was accepted. Proceeded to elect two persons of the four nominated, and made choice of the Hon^' Timothy Walker, Esquire, and Docf^^ Sam' Tinney, to procure five hundred printed copies of the amendments &c., one copy for each Town, one for each member, and the remainder amongst some of the largest towns in the State ; and directed to the several sher iffs to be by them distributed agreeably to a former Report. Voted that the Secretary be directed to furnish the above Committee with an attested copy of the amendments and alterations, and also an attested copy of the Constitution, with the amendments and alterations incorporated. Voted, That Mr. Plummer be requested to assist the Sec retary in making out said copies. [p. 32.] Adjourned to Wednesday, the 30*'' of May next then to meet at Concord. NOTE BY THE EDITOR. [Here follow, in order, first, the articles in addition to and in amend ment of the constitution as sent out to the people ; and second, the constitution with the said articles incorporated.] JOURNAL OF convention. 113 Articles in addition to and amendment of the Con stitution OF the State of New Hampshire, agreed TO BY the Convention of said State, & submitted to the people thereof for their approbation. [See Pages 396-435, and 461-470 of the MS. Journal.] notes BY the editor. [In the numbering of the articles of amendment and alterations which follow, there is a slight discrepancy between the original manu script of the Journal, and the printed form as sent out to the people. The editor has followed the latter in numbering the said articles. There is no discrepancy in the matter thereof, except that the last article. No. 72, is in the printed form as sent out to the people.] Votes for the Amend ments. Votes against the Amend'ts. [The following pages are a specimen of the form in which the amend ments were sent out, — the votes for or against each amendment being set down in the ruled columns. It was judged unnecessary to put th,e rules on every page. The result is noted in the returns at the end.] [The Articles of amendment are numbered as they were sent out to the people. — Ed.] Under the head Bill of Rights : That the following be added to the 6*'' Article. No. I. But this shall not be construed to free a person from the obligation of his own contract on his pre tence of changing his religious persuasion after making the contract. And whenever a minister is settled by any incor porated town or parish, any person dissenting, shall have liberty either at the meeting or previous to the ordination of the minister, or within one month after the vote obtained for his settlement, to enter his dissent with the town or parish clerk against paying or contributing toward the support of such minister ; & all minors, who after such settlement shall come of age, and all inhabitants of such town or parish who are absent from the same at the time of such meeting or settlement, and all persons who after such settlement move into such town or par ish to reside, shall have three months from the time of their coming of full age, returning into town or moving in to reside, as aforesaid, respectively, to 114 state of new HAMPSHIRE. Votes for the Amend ments. Votes against the Amend'ts. enter their dissent with the town or parish clerk as aforesaid. And all persons who do not enter their dissent as aforesaid, shall be bound by the major vote of such town or parish, & it shall be considered as their voluntary contract : But all persons who enter their dissent as aforesaid shall not be bound by the vote of such town or parish, or considered as party to such contract, or in any way be compelled to contribute towards the support of the minister, nor shall any person be compelled to contribute towards the support of a minister who shall change from the sect or denomination of which he professed to be when he settled, to any other persuasion, sect or denomination. No. 2. Article 17*, That the word "Assembly" be ex punged, & the word " Legislature" inserted. No. 3. Article 18*. Thatthe words " those of," " dye," be expunged, & the word " offences " inserted. No. 4. Article 19*. To be expunged & the following sub stituted in lieu thereof: viz. Every subject hath a right to be secure from all unreasonable searches & seizures of his person, his houses, his papers, & all his possessions ; There fore all warrants to search suspected places, or ar rest a person for examination, or trial in prosecu tions for criminal matters, are contrary to this right, if the cause or foundation of them be not previ ously supported by oath or afErmation ; & if the order in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure ; & no warrants ought to be issued but in cases, & with the formalities prescribed by law. No. S. Article 20"^. To be expunged and the following substituted in lieu thereof: viz. In all controversies concerning property, and in all suits between two or more persons, excepting in cases wherein it hath been heretofore otherwise used and practised, the parties have a right to a trial by jury, and this right shall be deemed sacred and inviolable ; but the Legislature may, by the Constitution, be empowered to make such regula tions as will prevent parties from having as many trials by Jury in the same suit Xtr action as hath been JOURNAL OF CONVENTION. II5 heretofore allowed and practised ; and to extend the civil jurisdiction of Justices of the Peace to the trial of suits where the sum demanded in damages doth not exceed four pounds, saving the right of appeal to either party ; — But no such regulations shall take away the right of a trial by Jury in any case, not in this article before excepted, unless in cases respecting mariners wages. No. 6. Article 31'', To be expunged & the following substituted in lieu thereof: viz. The Legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require. No. 7. Article 35*, To be expunged and the following substituted in lieu thereof: viz. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the Laws, and administration of Justice ; It is the right of every citizen to be tried by Judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the Judges of the Supreme Judicial Court should hold their offices so long as they behave well, subject however to such limitations on account of age as may be provided by the Constitution of the State ; & that they should have honorable salaries ascertained and established by standing laws. Under the head General Court. No. 8. The Senate & House shall assemble every year on the last 'Wednes day of 0010', & at such other times as they may Judge necessary & shall dissolve and be dissolved seven days next preceding the last 'Wednes day of October, & shall be stiled the General Court of New Hamp shire. No. 9. No member of the Gen' Court shall take fees, be of Council, or act as Advocate, in any cause before either branch of the Legislature ; & upon due proof thereof such member shall forfeit his seat in the Legis lature. No. 10. The doors of the galleries of each House of the Legislature shall be kept open to all persons who behave decently, except when the welfare of the State in the opinion of either branch shall require secrecy. SENATE. No. II. That the several paragraphs under the head of Senate be expunged, and the following be substituted in lieu thereof: viz. The Senate shall consist of thirteen members who shall hold their office for one year from the last Wednesday of October next ensuing their election. Il6 STATE OF NEW HAMPSHIRE. No. 12. And, that the State may be equally represented in the Senate, the Legislature shall from time to time divide the State into thirteen dis tricts as neariy equal as may be, without dividing towns and unincor porated places ; and in making this division they shall govern themselves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district. No. 13. The freeholders and other inhabitants of each district qualified as in this Constitution is provided, shall annually give in their votes for a Senator at some meeting holden in the month of March. No. 14. The Senate shall be the first branch of the Legislature ; and the Sen ators shall be chosen in the following manner, viz : Every male inhabi tant of each town & parish with town priviledges, and places unincor porated in this State, of twenty-one years and upwards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhabitants of said towns & parishes, to be duely warned & holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the Senators in the district whereof he is a member. No. 15. Provided nevertheless. That no person shall be capable of being elected a Senator who is not seized of a freehold estate in his own right of the value of two hundred pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an Inhab itant of this State for seven years immediately preceding his election ; and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. No. 16. And every person qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in that town, parish and plan tation where he dwelleth and hath his home. No. 17. And the inhabitants of plantations and places unincorporated, quali fied as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government or shall be taxed therefor, shall have the same priviledge of voting for Senators in the plantations & places wherein they reside, as the inhabitants of the respective towns & parishes aforesaid have. And the meetings of such plantations & places for that purpose, shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct ; which assessors shall have like authority for noti fying the electors, collecting & returning the votes, as the Selectmen & Town Clerks have in their several towns by this Constitution. No. 18. The meetings for the choice of Governor, Counsellors & Senators shall be warned by warrant from the Selectmen, & governed by a mod- JOURNAL OF CONVENTION. II7 erator, who shall in the presence of the Selectmen (whose duty it shall be to attend) in open meeting receive the votes of all the inhabitants of such towns & parishes present & qualified to vote for Senators. & shall in said meetings, in presence of the said selectmen & of the town Clerk, in said meeting sort and count the said votes & make a public declaration ¦ thereof, with the name of every person voted for, & the number of votes for each person. And the town Clerk shall make a fair record of the same at large in the Town book & shall make out a fair attested . copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof: And the said Town clerk shall cause such attested copy to be delivered to the sheriff of the County in which such town or parish shall lie forty days at least before the last Wednesday of October, or to the Secretary of the State at least thirty days before the said last Wednesday of October; — and the Sheriff of each County or his deputy shall deliver all such certificates by him received, into the Secretary's office at least thirty days before the last Wednesday of October. No. 19. And, that there may be a due meeting of Senators on the last Wednesday of October annually, the Governor & a majority of the Council for the time being, shall as soon as may be, examine the re turned copies of such records : & fourteen days before the said last Wednesday of October, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend & take their seats on that day : Provided nevertheless, that for the first year, the said returned copies shall be examined by the President & a ma jority of the Council then in office, and the said President shall in like manner notify the persons elected, to attend and take their seats ac cordingly. No. 20. And, in case there shall not appear to be a Senator elected by a ma jority of votes for any district, the deficiency shall be supplied in the following manner, viz : The members of the House of Representatives & such Senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district ; & out of these shall elect by joint ballot, the Senator wanting for such district ; & in this manner all such vacancies shall be filled up in every district of the State ; & in like manner all vacancies in the Senate arising by death, removal out of the State, or otherwise, shall be sup plied as soon as may be, after such vacancies happen. No. 21. The Senate shall be final judges of the elections, returns & qualifica tions of their own members as pointed out in this Constitution. No. 22. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time ; — Provided nevertheless. That whenever they shall sit on the trial of any impeachment, they may adjourn to such time & place as they may think proper, although the Legislature be not assembled on such day or at such place. No. 23. The Senate shall appoint their President & other officers, & determine Il8 STATE OF NEW HAMPSHIRE. their own rules of proceeding : And not less than seven members ofthe Senate shall make a quorum for doing business ; & when less than eight Senators shall be present, the assent offive at least shall be necessary to render their acts and proceedings valid. No. 24. The Senate shall be a Court with full power & authority to hear, try & determine all impeachments made by the House of Representatives against any officer or officers of the State for bribery, corruption, mal practice, or mal-administration in office, with full power to issue sum mons or compulsory process for convening witnesses before them, with all necessary powers incident to a Court of trials. But previous to the trial of any such Impeachment, the members of the Senate shall respec tively be sworn, truly & impartially to try & determine the charge in question according to evidence. And every officer impeached for brib ery, corruption, mal-practice or mal-administration in office, shall be served with an attested copy of the Impeachment & order of Senate thereon, with such citation as the Senate may direct, setting forth the time & place of their sitting, to try the impeachment ; which service shall be made by the sheriff or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial ; & such citation being duly served & returned, the Senate may proceed in the hearing of the Impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses & proofs, & of making his defence by himself & Council, & may also upon his refusing or neglect ing to appear, hear the proofs in support of the impeachment, & render Judgment thereon, — his non-appearance notwithstanding — & such Judg ment shall have the same force & effect, as if the person impeached had appeared & pleaded on the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit under this State ; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment & punishment, according to the laws of the land. Whenever the Gov ernor shall be impeached, the Chief Justice of the Supreme Judicial Court, shall during the trial preside in the Senate, but have no vote therein. Under the head House of Representatives. No. 25. That the fifth Paragraph under this head be expunged & the follow ing added : All persons qualified to vote in the election of Senators shall be inti tled to vote within the district where they dwell in the choice of Repre sentatives. Every member of the House of Representatives shall be chosen by ballot ; & for two years at least next preceding his election, shall have been an inhabitant of this State ; shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right; & shall be at the time of his election, an inhabitant of the district he may be chosen to represent, & shall cease to repre sent such district immediately on his ceasing to be qualified as aforesaid. No. 26. That the sixth article under said head be expunged & the following added: — " "^ JOURNAL OF CONVENTION. II9 The members of both Houses of the Legislature shall be compensat ed for their services out of the Treasury of the State by a Law made for that purpose ; such member attending seasonably & not departing with out license. All intermediate vacancies in the House of Representa tives, may be filled up from time to time in the same manner as annual elections are made. No. 27. The House of Representatives shall be judge of the returns, elections, & qualifications of its members, as pointed out in this Constitution. That the last paragraph under the head of House of Representatives be expunged, & the following added ; viz. No. 28. The Journals ofthe proceedings, & all the public acts of both Houses of the Legislature, shall be printed & published immediately after every adjournment, or prorogation ; and upon motion made by any one mem ber, the yeas and nays upon any question, shall be entered in the Jour nals ; And any member of the Senate or House of Representatives shall have a right, on motion made at the time for that purpose, to have his protest or dissent with the reasons against any vote, resolve or bill passed, entered on the Journals. EXECUTIVE POWER. governor. No. 29. The Governor shall be chosen annually in the month of March, & the votes for Governor shall be received, counted, sorted, certified & returned in the same manner as the votes for Senators ; & the Secreta ry shall lay the same before the Senate & House of Representatives, on the last 'Wednesday of October to be by them examined, and in case of an election by a majority of votes through the State, the choice shall be by them declared & published. No. 30. And the qualifications of electors of the Governor shall be the same as those for Senators ; and if no person shall have a majority of votes, the Senate & House of Representatives shall by joint ballot elect one of the two persons having the highest number of votes, who shall be declared Governor. No. 31. And no person shall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this State for seven years next preceding ; & unless he shall be of the age of thirty years, and unless he shall at the same time, have an estate of the value of five hundred pounds, one half of which shall consist of a freehold in his own right within this State. No. 32. In cases of disagreement between the two houses with regard to the time or place of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court not exceeding seven months at any one time, as he may determine the I20 STATE OF NEW HAMPSHIRE. public good may require, to meet at the place where the Gen' Court shall be at that time sitting ; and he shall dissolve the same seven days before the said last Wednesday of October. No. 33. And in case of any infectious distemper prevailing in the place where the said Court is to convene, or any other cause whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State. No. 34. Every bill, which shall have passed both Houses of the General Court, shall tjefore it become a law. be presented to the Governor ; if he approve', he shall sign it ; but if not, he shall return it with his ob jections to that house in which it shall have originated, who shall enter the objections at large on their Journal and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent together with such objections to the other house, by which it shall likewise be reconsidered ; and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the Journal of each house respectively. If any bill shall not be re turned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man ner as if he had signed it, unless the Legislature by their adjournment prevent its return ; — in which case it shall not be a law. No. 35. Every resolve shall be presented to the Governor & before the same shall take effect, shall be approved by him, or, being disapproved by him shall be repassed by the Senate and House of Representatives, according to the rules & limitations prescribed in the case of a bill. No. 36. All Judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, & all officers of the Navy, & General & field officers of the Militia, shall be nominated & appointed by the Governor & Council ; & every such nomination shall be made at least three days prior to such appointment; & no appointment shall take place, unless a majority of the Council agree thereto. The Governor & Council shall have a negative on each other both in the nominations & appointments. Every nomination & appointment shall be sign'ed by the Governor or Council ; & every negative shall be also signed by the Governor or Council who made the same. No. 37. The Captains & Subalterns in the respective regiments shall be nomi nated by the field officers, & if approved by thj Governor shall be ap pointed by him. No. 38. Whenever the Chair of the Governor shall become vacant by reason of his death, absence from the State or otherwise, the President of the JOURNAL OF CONVENTION. 121 Senate, shall, during such vacancy, have and exercise all the powers and authorities which by this Constitution the Governor is vested with when personally present : But when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Sen ate. No. 39. The several paragraphs under the head " President" in the Consti tution, shall be altered by expunging the word " President," and insert ing the word Governor in lieu thereof. No. 40. And the second, third, fourth, sixth, ninth, sixteenth, and last para graph, under the head " President " in the Constitution, shall be ex punged, and be considered as no longer in force. COUNCIL. No. 41. The several paragraphs under the head Council in the Constitution shall be expunged, and the following substituted in lieu thereof: There shall be annually elected by ballot five Councillors for advis ing the Governor in the Executive part of Government : The free holders and other inhabitants in each county qualified to vote for Senators, shall some time in the month of March give in their votes for one Councillor; — which votes shall be received, sorted, counted, certi fied and returned to the Secretary's office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and house of Representatives on the last Wednesday of October. No. 42. And the person having a majority of votes in any County shall be con sidered as duly elected a Councillor : But if no person shall have a ma jority of votes in any County, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each County and not elected, and out of those two shall elect by joint ballot, the Councillor wanted for such County. No. 43. Provided nevertheless. That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hun dred pounds, within this State, three hundred pounds of which or more shall be a freehold in his own right ; and who is not thirty years of age, and who shall not have been an inhabitant of this State for seven years immediately preceding his election, and at the time of his election an inhabitant of the County in which he is elected. No. 44. The Secretary shall annually, seventeen days before the last Wednes day of October, give notice of the choice of the persons elected. No. 45. If any person shall be elected Governor or member of either branch of the Legislature, and shall accept the trust, or if any person elected as 122 STATE OF NEW HAMPSHIRE. Councillor shall refuse to accept the office, or in case of the death, res ignation, or removal of any Councillor out of the State, the Governor may issue a precept for the election of a new Councillor in that County where such vacancy shall happen, and the choice shall be in the same manner as before directed. The Governor shall have power and au thority to convene the Council from time to time at his discretion, and with them or the majority of them, may and shall from time to time hold a Council for ordering and directing the affairs of the State accord ing to the Law of the land. No. 46. The members of the Council may be impeached by the House and tried by the Senate for bribery, corruption, mal-practice or mal-admin istration. The resolutions and advice of the Council shall be recorded by the Secretary in a register, and signed by all the members present agreeing thereto ; and this record may be called for at any time, by either House of the Legislature ; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion. No. 47. The Legislature may, if the public good shall hereafter require it, di vide the State into five districts as nearly equal as may be, governing themselves by the number of rateable polls & proportion of public taxes, each District to select a Councillor ; and in case of such division, the manner of the choice shall be conformable to the present mode of elec tion in Counties. No. 48. And whereas the elections appointed to be made by this Constitution on the last Wednesday of October annually by the two Houses of the Legislature may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of the elections shall be as follows : The vacancies in the Sen ate, if any, shall be first filled up; the Governor shall then be elected, provided there shall be no choice of him by the people, and afterwards the two houses shall proceed to fill up the vacancy, if any, in the Coun cil. Under the head Secretary, &c. No. 49. The Secretary of the State shall at all times have a deputy to be by him appointed, for whose conduct in office he shall be responsible, and in case of the death, removal or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this State until another shall be appointed. No. 50. _ The Secretary before he enters upon the business of his office, shall give bond with sufficient sureties in a reasonable sum for the use of the State, for the punctual performance of his trust. County Treasurer, &c. No. 51. That the paragraph under this head in the Constitution be expunged) and the following substituted in the lieu thereof: JOURNAL OF CONVENTION. 1 23 The County Treasurer and Register of Deeds, shall be elected by the inhabitants of the several Towns in the several Counties in the State, according to the method now practised and the laws ofthe State ; Pro vided nevertheless, the Legislature [shall have authority] to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people ofthe right they now have of elect ing them. No. 52. And the Legislature on the application of the major part of the in habitants of any County shall have authority to divide the same into two districts, for registering deeds, if to them it shall appear neces sary — each district to elect a Register of deeds. No. S3. The County Treasurer and Register of deeds before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond with suffi cient sureties in a reasonable sum for the use of the County or District, for the punctual performance of their respective trusts. JUDICIARY POWER. No. 54. It shall be the duty of the General Court to make a reform in the Judi ciary system, that justice may be administered in a more cheap and ex peditious manner than is now practised ; and that no party shall have a review after the cause has been determined against him twice by Jury. No. 55. The General Court are hereby empowered to make alterations in the power and jurisdiction of the Courts of common pleas and General Ses sions of the peace respectively ; or if they shall judge it necessary for the public good, to abolish those Courts, or either of them, and invest such other courts as they may establish, with the jurisdiction and pow ers now vested in the Courts of common pleas and Courts of General Sessions of the peace, as the General Court may from time to time judge expedient for the due administration of law and justice. No. 56. And it shall be the duty of the General Court to vest in such Court or Courts of law as to them may appear expedient, the power of grant ing new trials, or a trial after judgment, either upon verdict of a Jury, default, non-suit, or complaint for affirmation of judgment, in all cases where substantial justice has not been done (except as before except ed) in such manner and under such restrictions and regulations as to the General Court may appear for the public good ; — Provided, applica tion be made for such reviews or trial within one year from the rendi tion of judgment. No. 57. For the more effectually preserving the proper separation of the three great powers of Government agreeably to the 37"" article in the Bill of rights, the power of hearing and deciding in causes of equity shall be vested either in some judicial Court or Courts, or in some Court to be 124 STATE OF NEW HAMPSHIRE. established specially for that purpose : Provided, no power shall be o-ranted to any such Courts incompatible with the Bill of rights and Constitution ; and the powers of said Courts shall be limited and de fined by express laws— and no suit in equity shall be sustained where clear and adequate remedy may be had at law. No. 58. The General Court are empowered to give to justices of the peace jurisdiction in civil causes when the damages demanded shall not ex ceed four pounds, and title of real estate is not concerned ; but with right of appeal to either party to some other court, so that a trial by Jury in the last resort may be had. No. S9- No person shall hold the office of Judge of any Court, or Judge of Probate, or Sheriff of any County, after he has attained the age of sev enty years. No. 60. No Judge of any Court or justice of the peace shall act as attorney, or be of counsel to any party, or originate any civil suit in matters which shall come or be brought before [him] as judge or justice of the peace. No. 61. All matters relating to the Probate of Wills and granting letters of administration, shall be exercised by the Judges of probate in such man ner as the Legislature have directed or may hereafter direct — and the judges of probate shall hold their Courts at such place or places on such fixed days as the conveniency of the people may require, and the legis- ture from time to time appoint. No. 62. No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel in any probate business which is pending or may be brought into any Court of probate, in the county of which he is judge or register. No. 63. That the paragraph under the head "Clerks of Court" in the Con stitution be expunged, and the following substituted : — viz. No. 64. The Judges of the Courts (those of Probate excepted) shall appoint their respective Clerks, to hold their office during pleasure. And no such clerk shall act as an attorney, or be of council in any cause in the Court of which he is clerk, nor shall he draw any writ originating a civil action. No. 65. That the paragraph in the Constitution under the head, "Delegates TO Congress," be expunged. No. 66. The Oath of allegiance in the Constitution shall be expunged, and the following shall be substituted in lieu thereof: JOURNAL OF CONVENTION. 1 25 I, A. B do solemnly swear that I will bear faith and true al legiance to the State of New Hampshire, and will support the Consti tution thereof : — So help me God. No. 67. Any person having taken and subscribed the oath of allegiance shall not be obliged to take said oath again. No. 68. And the Oath or affirmations shall be taken and subscribed by the Governor before the President of the Senate, in presence of both houses of the Legislature, and by the Senators and Representatives first elected under this Constitution as amended and altered, before the President of the State and a majority of the Councillors then in office ; and forever afterwards before the Governor and Council for the time being ; and by all other officers, before such persons and in such man ner as the Legislature shall from time to time appoint. No. 69. That the 15"^ paragraph in this Constitution under the head "Oaths & Subscriptions" &c. be expunged, and the following substituted in lieu thereof, viz. : No. 70. No person holding the office of Judge of any Court — except special Judges, — Secretary, Treasurer ofthe State, Attorney General, Commis sary General, Military Officers receiving pay from the Continent or this State, — excepting officers of the militia occasionally called forth on an emergency, — Register of deeds, Sheriff or officer of the Customs, includ ing Naval officers, Collectors of excise and State and Continental taxes hereafter appointed, and not having settled their accounts with the re spective officers with whom it is their duty to settle such accounts, members of Congress or any person holding an office under the United States, shall at the same time hold the office of Governor, or have a seat in the Senate or House of Representatives or Council ; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of his seat in the Chair of the Senate or House of Rep resentatives or Council, and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives. No. 71. To the end that there may be no failure of justice or danger to the State by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the Amendments and alterations shall take effect, and make the necessary arrangement accordingly. That the last paragraph in the Constitution be expunged, and the following substituted in lieu thereof, viz. ; No. 72.* It shall be the duty of the Selectmen and Assessors of the several towns and places in this State, in warning the first annual meeting for the choice of Senators, after the expiration of seven years from the * This article in its present form was sent out with the revised and amended constitution, but the original is not found in the MS. Journal.— Ed. 126 STATE OF NEW HAMPSHIRE. adoption of this Constitution as amended, to insert expressly in the warrant this purpose, among the others, for the meeting, to wit : To take the sense of the qualified voters on the subject of a revision of the Constitution : And the meeting being warned accordingly, and not otherwise, the Moderator shall take the sense of the qualified voters present, as to the necessity of a revision ; and a return of the number of votes for and against such necessity, shall be made by the clerk, sealed up, and directed to the General Court, at their then next session ; and if it shall appear to the General Court, by such returns, that the sense of the people of the State has been taken, and that in the opin ion of the majority of the quaHfied voters in the State present, and voting at said meeting, there is a necessity for a revision of the Con stitution, it shall be the duty of the General Court to call a Convention for that purpose ; otherwise, the General Court shall direct the sense of the people to be taken, and then proceed in the manner before men tioned. The delegates to be chosen in the same manner and propor tioned as the representatives to the General Court : — Provided, that no alterations shall be made in this Constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the quahfied voters present, and voting on the subject. And the same method of taking the sense of the people, as to the revision of the Constitution and calling a Convention for that purpose, shall be observed afterwards at the expiration of every seven years. JOHN PICKERING, President, P. T. Attest : John Calfe, Secretary. NOTE by the editor. [Here follows the amended Constitution, with the aforesaid alterations and amendments incorporated as sent out to the people in February, 1792 ; but, inasmuch as the several articles in the Bill of Rights (as before printed — pp. 71-76) were unaltered — except article 6"^, with slight verbal alterations in 18"' and 19"^, and the rejection of the 39*, — it is deemed entirely unnecessary to repeat them. In what follows, under the head of Part II, the alterations and amendments are incorporated.] part II. FORM OF GOVERNMENT. The people inhabiting the territory formerly called the Province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent Body- Politic, or State, by the name of the State of New Hampshire. GENERAL COURT. The Supreme Legislative Power, within this State, shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other. JOURNAL OF CONVENTION. 1 27 The Senate and House shall assemble every year on the last Wednes day of October, and at such other times as they may judge necessary ; and shall dissolve, and be dissolved, seven days next preceding the said last Wednesday of October; and shall be stiled THE GENERAL COURT OF NEW HAMPSHIRE. The General Court shall forever have full power and authority to erect and constitute Judicatories and Courts of Record, or other Courts, to be holden in the name of the State, for the hearing, trying, and determin ing, all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising or happening within this State, or between or concerning persons inhabiting or residing, or brought within, the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed ; and for the awarding and issuing execu tion thereon. To which Courts and Judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in con troversy, or depending before them. And farther, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinan ces, directions, and instructions, either with penalties or without, so as the same be not repugnant or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and ofthe subjects ofthe same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws for the naming and settling, all civil officers within this State ; such officers excepted, the election and ap pointment of whom are hereafter in this form of government otherwise provided for ; and to set forth the several duties, powers, and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution ; and also to impose fines, mulcts, imprisonments, and other punishments ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said State ; and upon all es tates within the same ; to be issued and disposed of by warrant, under the hand of the Governor of this State for the time being, with the ad vice and consent ofthe Council, for the public service, in the necessary defence and support of the government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same. And while the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised ; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftener as the Gen eral Court shall order. No member of the General Court shall take fees, be of counsel, or act as advocate, in any cause before either branch of the Legislature ; and upon due proof thereof, such member shall forfeit his seat in the Legislature. 128 STATE OF NEW HAMPSHIRE. The doors of the galleries of each house of the Legislature, shall be kept open to all persons who behave decently, except when the wel fare of the State, in the opinion of either branch, shall require secrecy. SENATE. The Senate shall consist of thirteen members, who shall hold their office for one year, from the last Wednesday of October next ensuing their election. And that the State may be equally represented in the Senate, the Leg islature shall from time to time, divide the State into thirteen districts as nearly equal as may be without dividing towns and unincorporated places ; and in making this division, they shall govern themselves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district. The freeholders and other inhabitants of each district, qualified as in this Constitution is provided, shall annually give in their votes for a Senator, at some meeting holden in the month of March. The Senate shall be the first branch ofthe Legislature; and the Sen ators shall be chosen in the following manner, viz. Every male inhabi tant, of each town, and parish with town privileges, and places unin corporated, in this State, of twenty-one years of age and upwards, ex cepting paupers, and persons excused from paying taxes at their own request, shall have a right, at the annual or other meetings of the in habitants of said towns and parishes, to be duly warned and holden an nually forever in the month of March, to vote in the town or parish wherein he dwells, for the Senators in the county or district whereof he is a member. Provided nevertheless. That no person shall be capable of being elected a Senator, who is not seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an inhab itant of this State for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And every person, qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish, and plan tation, where he dwelleth and hath his home. And the inhabitants of plantations and places unincorporated, quali fied as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein as the asses sors thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Select men and Town Clerks have in their several towns by this Constitution. i,"^!^!"^^*'"^^ ^°'' *^ choice of Governor, Council, and Senators, shall be warned by warrant from the Selectmen, and governed by a Moderator, who shall, in the presence of the Selectmen, (whose duty It shall be to attend) in open meeting, receive the votes of all the JOURNAL OF CONVENTION. 1 29 inhabitants of such towns and parishes present, and qualified to vote for Senators ; and shall, in said meetings, in presence of the said Se lectmen and of the Town Clerk, in said meeting, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person : And the Town Clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a super scription expressing the purport thereof: And the said Town Clerk shall cause such attested copy to be delivered to the Sheriff of the county in which such town or parish shall lie, forty days at least before the last Wednesday of October; or to the Secretary of the State at least thirty days before the said last Wednesday of October : And the Sheriff of each county, or his Deputy, shall deliver all such certificates by him received, into the Secretary's office, at least thirty days before the last Wednesday of October. And that there may be a due meeting of Senators on the last Wednes day of October annually, the Governor, and a majority of the Council for the time being, shall, as soon as may be, examine the returned copies of such records, and fourteen days before the said last Wednes day of October, he shall issue his summons to such persons as appear to be chosen Senators, by a majority of votes, to attend and take their seats on that day. Provided nevertheless. That for the first year the said returned copies shall be examined by the President, and a majority of the Council then in office ; and the said President shall, in like manner, notify the per sons elected, to attend and take their seats accordingly. And in case there shall not appear to be a Senator elected, by a ma jority of votes for any district, the deficiency shall be supplied in the following manner, viz. The members of the House of Representatives, and such Senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the Senator wanted for such district; and in this manner all such vacancies shall be filled up, in every district of the State ; and in like manner all vacancies in the Sen ate, arising by death, removal out of the State, or otherwise, shall be supplied, as soon as may be after such vacancies happen. The Senate shall be final judges of the elections, returns, and qual ifications, of their own members, as pointed out in this Constitution. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided nevertheless.. That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day, or at such place. The Senate shall appoint their President, and other officers, and de termine their own rules of proceedings : And not less than seven mem bers of the Senate shall make a quorum for doing business ; and when less than eight Senators shall be present, the assent of five, at least, shall be necessary, to render their acts and proceedings valid. The Senate shall be a Court, with full power and authority to hear, try, and determine, all impeachments made by the House of Represen tatives against any officer or officers of the State, for bribery, corrup- 130 STATE OF NEW HAMPSHIRE. tion, mal-practice, or mal-administration, in office ; with full power to issue summons, or compulsory process, for convening witnesses before them, with all necessary powers incident to a Court of Trials ; But pre vious to the trial of any such impeachment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every_ officer, im peached for bribery, corruption, mal-practice, or mal-administration, in office, shall be served with an attested copy of the impeachment, and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the Sheriff, or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the Senate may proceed in the hearing of the impeachment, giving the person im peached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defence, by himself and counsel ; and may also, upon his refusing or neglecting to appear, hear the proofs in sup port of the impeachment, and render judgment thereon, his non-appear ance notwithstanding ; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this State ; but the party, so convicted, shall never theless be liable to indictment, trial, judgment, and punishment, ac cording to the laws of the land. Whenever the Governor shall be impeached, the Chief Justice of the Supreme Judicial Court shall, during the trial, preside in the Senate, but have no vote therein. HOUSE OF REPRESENTATIVES. There shall be, in the Legislature of this State, a representation of fhe people, annually elected, and founded upon principles of equality: And, in order that such representation may be as equal as circum stances will admit, every town, parish, or place entitled to town priv ileges, having one hundred and fifty rateable male polls, of twenty-one years of age, and upwards, may elect one Representative ; if four hun dred and fifty rateable polls, may elect two Representatives; and so proceeding, in that proportion, making three hundred such rateable polls the mean increasing number, for every additional Representative. Such towns, parishes, or places, as have less than one hundred and fifty rateable polls, shall be classed by the General Assembly, for the purpose of choosing a Representative, and seasonably notified thereof. And in every class, formed for the above-mentioned purpose, the first annual meeting shall be held in the town, parish, or place, wherein most of the rateable polls reside ; and afterwards in that which has the next highest number; and so on annually, by rotation, through the several towns, parishes, or places, forming the district. Whenever any town, parish, or place, entitled to town privileges, as aforesaid, shall not have one hundred and fifty rateable polls, and be so situated as to render the classing thereof with any other town, parish, or place, very inconvenient, the General Assembly may, upon applica tion of a majority of the voters in such town, parish, or place, issue a JOURNAL OF CONVENTION. I31 writ for their electing and sending a Representative to the General Court. The members of the House of Representatives shall be chosen annu ally, in the month of March, and shall be the second branch of the Leg islature. All persons, qualified to vote in the election of Senators, shall be en titled to vote, within the district where they dwell, in the choice of Rep resentatives. Every member of the House of Representatives shall be chosen by ballot ; and for two years, at least, next preceding his election, shall have been an inhabitant of this State ; shall have an es tate within the district which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right ; shall be, at the time of his elec tion, an inhabitant of the district he may be chosen to represent ; and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid. The members of both Houses of the Legislature shall be compensat ed for their services out of the treasury of the State, by a law made for that purpose ; such members attending seasonably, and not departing without licence. All intermediate vacancies, in the House of Repre sentatives, may be filled up, from time time, in the same manner as annual elections are made. The House of Representatives shall be the Grand Inquest of the State ; and all impeachments made by them, shall be heard and tried by the Senate. All money bills shall originate in the House of Representatives ; but the Senate may propose, or concur with, amendments, as on other bills. The House of Representatives shall have power to adjourn them selves, but no longer than two days at a time. A majority of the members of the House of Representatives shall be a quorum for doing business : But when less than two thirds of the Representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid. No member of the House of Representatives, or Senate, shall be ar rested, or held to bail, on mean process, during his going to, returning from, or attendance upon, the Court. The House of Representatives shall choose their own Speaker, ap point their own officers, and settle the rules of proceedings in their own House ; and shall be judge of the returns, elections, and qualifications, of its members, as pointed out in this Constitution. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the House, in its presence, by any disorderly and con temptuous behavior, or by threatening, or ill treating, any of its mem bers ; or by obstructing its deliberations ; every person guilty of a breach of its privileges, in making arrests for debt, or by assaulting any member during his attendance at any session ; in assaulting or dis turbing any one of its officers in the execution of any order or proced ure of the House ; in assaulting any witness, or other person, ordered to attend, by and during his attendance of the House ; or in rescuing any person arrested by order of the House, knowing them to be such. The Senate, Governor, and Council, shall have the same powers in like cases ; provided, that no imprisonment by either, for any offence, exceed ten days. 122 STATE OF NEW HAMPSHIRE. The journals of the proceedings, and all the public acts of both Houses of the Legislature, shall be printed and published immediately after every adjournment or prorogation ; and upon motion made by any one member, the yeas and nays, upon any question shall be entered in the journals : And any member of the Senate, or House of Repre sentatives, shall have a right, on motion made at the time for that pur pose, to have his protest, or dissent, with the reasons, against any vote, resolve, or bill, passed, entered on the journals. EXECUTIVE POWER. governor. THE Governor shall be chosen annually, in the month of March; and the votes for Governor shall be received, sorted, counted, certified and returned, in the same manner as the votes for Senators ; and the Secretary shall lay the same before the Senate and House of Repre sentatives, on the last Wednesday of October, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the Governor shall be the same as those for Senators ; and if no person shall have a majority of votes, the Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor. And no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within this State. In cases of disagreement between the two Houses, with regard to the time or place of adjournment or prorogation, the Governor, with advice of council, shall have a right to adjourn or prorogue the General Court, not exceeding seven months at any one time, as he may determine the public good may require, to meet at the place where the General Court shall be at that time sitting ; and he shall dissolve the same seven days be fore the said last Wednesday of October. And, in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their at tendance, the Governor may direct the session to be holden at some. other the most convenient place within the State. Every bill which shall have passed both Houses of the General Court, shall, before it become a law, be presented to the Governor ; if he ap prove, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the ob jections at large on their journal, and proceed to reconsider it; if, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with such objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, JOURNAL OF CONVENTION. 1 33 and the names of the persons voting for or against the bill, shall be en tered on the journal of each House respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by their adjourn ment, prevent its return, in which case it shall not be a law. Every resolve shall be presented to the Governor, and, before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. All judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, and all officers ofthe navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, unless a majority of the Council agree thereto. The Gov ernor and Council shall have a negative on each other, both in the nominations and appointments- Every nomination and appointment shall be signed by the Governor and Council, and every negative shall be also signed by the Governor or Council who made the same. The Captains and Subalterns, in the respective regiments, shall be nominated by the field officers, and if approved by the Governor, shall be appointed by him. Whenever the chair of the Governor shall become vacant, by reason of his death, absence from the State, or otherwise, the President of the Senate shall, during such vacancy, have and exercise all the powers and authorities which, by this Constitution, the Governor is vested with, when personally present ; but when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate. The Governor, with advice of Council, shall have full power and authority, in the recess of the General Court, to prorogue the same from time to time, not exceeding seven months, in any one recess of said Court ; and during the session of said Court, to adjourn or pro rogue it to any time the two Houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the State should require the same. The Governor of this State for the time being shall be commander in chief of the army and navy, and all the military forces of the State, by sea and land ; and shall have full power by himself, or by any chief com mander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this State ; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and per sons as shall, at any time hereafter, in a hostile manner, attempt or en terprize the destruction, invasion, detriment or annoyance of this State ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in re bellion, declared by the Legislature to exist, as occasion shall necessa rily require : And surprize, by all ways and means whatsoever, all and 134 STATE OF NEW HAMPSHIRE. every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invad ing, conquering, or annoying this State : And in fine,' the Governor hereby is entrusted with all other powers incident to the office of Cap tain-General and Commander in Chief, and Admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land : Provided, that the Governor shall not, at any time hereaf ter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the General Court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Council. The power of pardoning offences, except such as persons may be con victed of before the Senate, by impeachment of the House, shall be in the Governor, by and with the advice of the Council : But no charter of pardon granted by the Governor, with advice of Council, before con viction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be re moved from his office, but by the address of both Houses to the Gov ernor, or by fair trial in court-martial, pursuant to the laws of the State for the time being. The commanding officers of the regiments shall appoint their Adju tants and Quarter-Masters ; the Brigadiers, their Brigade-Majors ; the Major-Generals, their Aids ; the Captains and Subalterns, their non commissioned officers. The Governor and Council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this State shall appoint ; as also all officers of forts and garrisons. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State, until the same shall be altered by some future law. No monies shall be issued out of the treasury of this State, and dis posed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the Council, for the necessary support and defence of this State, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the Commissary-General, all superintending officers of public magazines and stores, belonging to this State, and all com manding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively ; distinguishing the quantity and and kind of each, as particulariy as may be ; together with the con dition of such forts and garrisons : And the commanding officer shall JOURNAL OF CONVENTION. I35 exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. The Governor and Council shall be compensated for their services, from time to time, by such grants as the General Court shall think reasonable. Permanent and honorable salaries shall be established by law, for the Justices of the Superior Court. COUNCIL. There shall be annually elected, by ballot, five Councillors, for ad vising the Governor in the executive part of government. The free holders and other inhabitants in each county, qualified to vote for Sen ators, shall, some time in the month of March, give in their votes for one Councillor ; which votes shall be received, sorted, counted, certi fied, and returned to the Secretary's office, in the same manner as the votes for Senators, to be by the Secretary laid before the Senate and House of Representatives on the last Wednesday of October. And the person having a majority of votes in any county, shall be considered as duly elected a Councillor : But if no person shall have a majority of votes in any county, the Senate and House of Representa tives shall take the names of the two persons who have the highest num ber of votes in each county, and not elected, and out of those two shall elect, by joint ballot, the Councillor wanted for such county. Provided nevertheless. That no person shall be capable of being elected a Councillor, who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which (or more) shall be a freehold in his own right ; and who is not thirty years of age ; and who shall not have been an inhabitant of this State for seven years immediately preceding his election ; and, at the time of his election, an inhabitant of the county in which he is elected. The Secretary shall, annually, seventeen days before the last Wednes day of October, give notice of the choice of the persons elected. If any person shall be elected Governor, or member of either branch of the Legislature, and shall accept the trust ; or if any person, elected a Councillor, shall refuse to accept the office ; or in case of the death, resignation, or removal of any Councillor out of the State ; the Gov ernor may issue a precept for the election of a new Councillor in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed : And the Governor shall have full power and authority to convene the Council, from time to time, at his discretion ; and, with them, or the majority of them, may, and shall, from time to time, hold a Council, for ordering and directing the affairs of the State, according to the laws of the land. The members of the Council may be impeached by the House, and tried by the Senate, for bribery, corruption, mal-practice, or mal-ad ministration. The resolutions and advice of the Council shall be recorded by the Secretary, in a register, and signed by all the members present agree ing thereto ; and this record may be called for at any time, by either House of the Legislature ; and any member of the Council may enter his opinion contrary to the resolutions ofthe majority, with the reasons for such opinion. 136 STATE OF NEW HAMPSHIRE. The Legislature may, if the public good shall hereafter require it, divide the State into five districts, as nearly equal as may be, govern ing themselves by the number of rateable polls, and proportion of pub lic taxes ; each district to elect a Councillor : And, in case of such division, the manner of the choice shall be comformable to the present mode of election in counties. And whereas the elections, appointed to be made by this Constitu tion, on the last Wednesday of October annually, by the two Houses ofthe Legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same may be completed ; And the order of the elections shall be as follows — the vacancies in the Senate, if any, shall be first filled up : The Governor shall then be elected, provided there shall be no choice of him by the people : And afterwards, the two Houses shall proceed to fill up the vacancy, if any, in the Council. SECRETARY, TREASURER, COMMISSARY-GENERAL, &c. THE Secretary, Treasurer, and Commissary-General shall be chosen by joint ballot of the Senators and Representatives assembled in one room . The records of the State shall be kept in the office of the Secretary, and he shall attend the Governor and Council, the Senate and Repre sentatives, in person, or by Deputy, as they may require. The Secretary of the State shall, at all times, have a Deputy, to be by him appointed ; for whose conduct in office he shall be responsible ; And in case of the death, removal, or inability, of the Secretary, his Deputy shall exercise all the duties of the office of Secretary of this State, until another shall be appointed. The Secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual performance of his trast. COUNTY TREASURER, &C. The County Treasurers, and Registers of Deeds, shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practised, and the laws of the State. Provided nevertheless. The Legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those offi cers ; but not so as to deprive the people of the right they now have of electing them. And the Legislature, on the application of the major part of the in habitants of any county, shall have authority to divide the same into two districts for registering .deeds, if to them it shall appear necessary; each district to elect a Register of Deeds : And before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with suffi cient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts. JOURNAL OF CONVENTION. 1 37 JUDICIARY POWER. It shall be the duty of the General Court to make a reform in the Ju diciary System, that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a review after the cause has been determined against him twice by Jury. The General Court are hereby empowered to make alterations in the power and jurisdiction of the Courts of Common Pleas, and General Sessions of the Peace, respectively ; or, if they shall judge it necessa ry for the public good, to abolish those Courts, or either of them, and invest such other Courts as they may establish, with the jurisdiction and powers now vested in the Courts of Common Pleas, and Courts of General Sessions of the Peace, as the General Court may, from time to time, judge expedient for the due administration of law and justice. And it shall be the duty of the General Court, to vest in such Court or Courts of law as to them may appear expedient, the power of granting new trials, or a trial after judgment, either upon verdict of a Jury, de fault, nonsuit, or complaint, for affirmation of judgment, in all cases where substantial justice has not been done, except as before excepted, in such manner, and under such restrictions and regulations, as to the General Court may appear for the public good : Provided application be made for such review or trial within one year from the rendition of judgment. For the more effectually preserving the proper separation of the three great powers of government, agreeably to the 37"" Article in the Bill of Rights, the power of hearing and deciding in causes of equity, shall be vested either in some Judicial Court or Courts, or in some Court to be established specially for that purpose : Provided no power shall be granted to any such Courts, incompatible with the Bill of Rights and Constitution. And the powers of said Courts shall be limited and de fined by express laws : And no suit in equity shall be sustained where clear and adequate remedy may be had at law. The General Court are empowered to give to Justices of the Peace, jurisdiction in civil causes, when the damages demanded shall not ex ceed four pounds, and title of real estate is not concerned; but with right of appeal, to either party, to some other Court, so that a trial by Jury in the last resort may be had. No person shall hold the office of Judge of any Court, or Judge of Probate, or Sheriff of any county, after he has attained the age of seventy years. No Judge of any Court, or Justice of the Peace, shall act as Attorney, or be of counsel, to any party, or originate any civil suit, in matters which shall come or be brought before him as Judge, or Justice of the Peace. All matters relating to the probate of wills, and granting letters of administration, shall be exercised by the Judges of Probate, in such manner as the Legislature have directed, or may hereafter direct : And the Judges of Probate shall hold their Courts at such place or places, on such fixed days, as the conveniency of the people may require, and the Legislature from time to time appoint. No Judge, or Register of Probate, shall be of counsel, act as advo cate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any Court of Probate in the county of which he is Judge or Register. 138 STATE OF NEW HAMPSHIRE. CLERKS OF COURT. The Judges of the Courts (those of Probate excepted) shall appoint their respective Clerks, to hold their office during pleasure : And no such clerk shall act as an attorney, or be of counsel, in any cause in the Court of which he is Clerk, nor shall he draw any writ originating a civil action. ENCOURAGEMENT OF LITERATURE, &C. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government ; and spread ing the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end ; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and oscon- omy, honesty and punctuality, sincerity, sobriety, and all social affec tions, and generous sentiments, among the people. OATH and Subscriptions; Exclusion from Offices; Commissions; Writs; Confirmation of Laws ; Habeas Corpus; the Enacting Stile ; Continuance of Officers ; Provision for a future Revision ofthe Con stitution, &^c. Any person chosen Governor, Councillor, Senator, or Representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz. I, A. B., do solemnly swear, that I will bear faith and true allegiance to the State of New Hampshire, and will support the Constitution there of. So help me God. I, A. B., do solemnly and sincerely swear and affirm, that I will faith fully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the laws of the State of New Hampshire. .5-^. help me God. Any person having taken and subscribed the oath of allegiance, and the same being filed in the Secretary's office, he shall not be obliged to take said oath again. Provided always. When any person chosen or appointed as aforesaid, shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such shall take and subscribe them, omitting the word swear, and likewise the words So help me God, subjoining instead thereof. This I do under the pains and penalties of perjury. And the oaths or affirmations shall be taken and subscribed by the Governor, before the President of the Senate, in presence of both Houses of the Legislature, and by the Senators and Representatives first elected under this Constitution, as altered and amended, before the JOURNAL OF CONVENTION. 1 39 President of the State, and a majority ofthe Council then in office, and forever afterwards before the Governor and Council for the time being ; and by all other officers, before such persons, and in such manner, as the Legislature shall from time to time appoint. All commissions shall be in the name of the State of New Hamp shire, signed bythe Governor, and attested bythe Secretary, or his Deputy, and shall have the great seal of the State affixed thereto. All writs issuing out of the Clerk's office in any of the Courts of Law shall be in the name of the State of New Hampshire ; shall be under the seal of the Court whence they issue, and bear test of the chief, first, or senior Justice of the Court ; but when such Justice shall be interested, then the writ shall bear test of some other Justice of the Court, to which the same shall be returnable ; and be signed by the Clerk of such Court. All indictments, presentments, and informations, shall conclude, against the peace and dignity of the State. The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same man ner, as if such persons had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, he hence forth deemed a deodand, or in any wise forfeited on account of such misfortune. All the laws which have heretofore been adopted, used, and approv ed, in the Province, Colony or State of New Hampshire, and usually practised on in the Courts of Law, shall remain and be in full force, until altered and repealed by the Legislature ; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this Constitution : Provided that nothing herein contained, when compared with the 23d Article in the Bill of Rights, shall be construed to affect the laws already made respecting the persons, or estates, of absentees. The privilege and benefit of the Habeas Corpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample man ner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes, and laws, shall be — Be it enacted by the Senate and House of Representatives, in General Court convened. No Governor, or Judge of the Supreme Judicial Court, shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice of the Peace throughout the State ; nor shall they hold any place or office, or receive any pen sion or salary, from any other State, government, or power, whatever. No person shall be capable of exercising, at the same time, more than one of the following offices within this State, viz. Judge of Pro bate, Sheriff, Register of Deeds ; and never more than two offices of profit, which may be held by appointment of the Governor, or Gov ernor and Council, or Senate and House of Representatives, or Su perior or Inferior Courts ; military offices, and offices of Justices of the Peace, exceiJted. No person holding the office of Judge of any Court, (except Special Judges) Secretary, Treasurer of the State, Attorney-General, Commis- 140 STATE OF NEW HAMPSHIRE. sary-General, military officers receiving pay from the continent or this State, (excepting officers of the militia, occasionally called forth on an emergency) Register of Deeds, Sheriff, or officers of the customs, in cluding naval officers. Collectors of excise, and State and continental taxes, hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of Congress, or any person holding any office under the United States, shall at the same time hold the office of Governor, or have a seat in the Senate, or House of Representatives, or Council ; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of their seat in the chair. Senate, or House of Repre sentatives, or Council ; and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives . No person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption, in obtain ing an election or appointment. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. To the end that there may be no failure of justice, or danger to the State, by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly. It shall be the duty of the Selectmen, and assessors, of the several towns and places in this State, in warning the first annual meeting for the choice of Senators, after the expiration of seven years from, the adoption of this Constitution, as amended, to insert expressly in the warrant, this purpose, among the others for the meeting, to wit, to take the sense of the qualified voters on the subject of a revision of the Constitution ; and the meeting being warned accordingly, and not other wise, the Moderator shall take the sense of the qualified voters present, as to the necessity of a revision ; and a return of the number of votes for and against such necessity, shall be made by the Clerk, sealed up, and directed to the General Court, at their then next session ; and if it shall appear to the General Court by such return, that the sense of the people of the State has been taken, and that, in the opinion of the majority of the qualified voters in the State, present and voting at said meetings, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court to call a Convention for that purpose, otherwise the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner, and proportioned, as the Representa tives to the General Court ; provided that no alterations shall be made in this Constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of tlie qualified vot ers present and voting on the subject. And the same method of taking the sense of the people, as to a revi sion of the Constitution, and calling a Convention for that purpose, shall "^~, . ^7^" afterwards, at the expiration of every seven years. Ihis form of government shall be enrolled on parchment, and de- JOURNAL OF CONVENTION. 141 posited in the Secretary's office, and be a part of the laws of the land ; and printed copies thereof shall be prefixed to the books containing the laws of this State, in all future editions thereof. Attest, JOHN CALFE, Secretary. JOHN PICKERING, President, P. T. Wednesday, May 30"', 1792. Convention met accordmg to adjournment. Proceeded to the choice of a Committee for examining the Returns from the several Towns, and Mr. Calfe, Mr. Plum mer Sz; Mr. Thompson were chosen to report on said Re turns. Adjourned to 9 o'clock to-morrow morning. Thursday May 31^', 1792. Convention met according to adjournment. (The Com mittee not being ready to report) adjourned to 3 o'clock p. m. Met accordingly. Adjourned to 9 o'clock to-morrow morn ing. Friday, June i^*, 1792. Convention met according to adjournment. The Committee appointed to examine the returns from the several Towns and report thereon. Reported in the fol lowing words, viz. [p. 133.] "Your Committee have carefully entered and cast all the votes of the several Towns in this State agreeably to the numbers re turned by the respective clerks for and against the amendments to the Constitution, and find them accepted or rejected as stated in the follow ing list or schedule. [A two-thirds vote was necessary for the acceptance of an amend ment. — Ed.] No. I 2 3 4 5 6 7 For 994 376035673336 2511 30803173 8 1627 9 4285 10 4330 II 2128 Against. ¦ -3993 • • • -Rejected . . 293. . . .Accepted . . 462 Do. .. 594. ...;.... Do. . .1554 Rejected , . 969 Accepted . . 914 Do. . .2226 Rejecf". , . 219. .. .Accepted . . 144 Do ..1846 Reject*. J^or 12 2407., 13 2624.. 14 2722.. 15 2300.. 16 2542.. 17 2763.. 18 2343., 19 2I3S-' 20 2329.. 21 2693.. 22 2946. . Against- .1478 Reject*. .lilt). . . .Accepted .1102 Do. .1500 Reject* .1174 Accepted .1065 AcctP*. .1541 Reject* .1657 Rejct* .1191 Reje*. . 1034. . . .Accepted . 813 Do. 142 STATE OF NEW HAMPSHIRE. For 23 2565.. 24 2868.. 25 2406. . 26 2653.. 27 2883.. 28 3087.. 29 201 8.. 30 2475.. 31 2203.. 32 1920. . 33 2659.. 34 2319.. 35 2183.. 36 2327.. 37 2077.. 38 2422.. 39 2467.. 40 2104.. I34-] 41 2287.. 42 2553.. 43 1929- • 44 2102.. 45 2356.. 46 4623.. 47 2384.. Against. .1007. . . 800.. .1255...1120. . . 460. .1769..1163..1454..1611 . .1081..1258 . .1330..1196 . .1558..1113..1220..1270 . .1336..1044..1584..1320..1113.. 820. .1092. .Accepted Do. . .Rejected .Accepted Do. Do. , .Rejected .Accepted . .Rejected . .Rejected .Accepted . . Rejected . .Rejected . .Rejected . .Rejected .Accepted Do. . .Rejected . .Rejected .Accepted . . Rejected . .Rejected .Accepted Do. Do- 4849 50SI5253545556 'il 585960 61 62 63 64 65666768 69 707172 For 2165. 2748. 3284.2391.2869. 3III.2168. 1540. 2156. 1883. 2228.2607.3140.2899. 3268. 2540.2905.2852. 3037-3085. 2244. 2127. 2499.3104:. 3327- Against- .1248 . . . 649.. • 37I-- . 1019.. • 714.- . 426.. .1368...1911 . . .1192 . . • 1340 • ¦ .1103... 912.. • 499-- . 450.. . 294.. . 404.. • 439- • . 302.. . 300.. . 205.. . 907.. . 682.. . 867.. . 226.. . 187.. .Rejected .Accepted Do. Do. Do. Do. .Rejected. Rejected .Rejected.Rejected .Accepted Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Do. Sign'd John Calfe EBEN^ Thompson Wm. Plummer. Voted, that Mr. Plummer, Mr. Thompson, Mr. Jere*" Smith and Mr. Freeman be a Committee to take under considera tion what is necessary to be done by the Convention with the Constitution, and the Report of the Committee this day made upon the amendments proposed : and report thereon. Adjourned to 4 o'clock p. m. Met accordingly. The Committee not being ready to report, Convention ad journed to 8 o'clock to-morrow morning. Saturday, June 2"^, 1792. Convention met according to adjournment. The Committee to take under consideration what is nec essary to be done by the Convention with the Constitution and the Report of the Committee this day made upon the amendments proposed ; — Reported in the following words, (viz.) "Your Committee have carefully compared the several articles of amendments that are approved of by the people with the Constitution, and it appears that under the head Senate, the people have directed the JOURNAL OF CONVENTION. 1 43 Senate to elect their own President, and authorized him to fill the chair of Governor when vacant, but when he exercises the office of Governor he shall not hold the office of President of the Senate : That they have made some additions to the Constitution under this head, but have not altered the number of Senators or the mode of their election. "That under the head of Executive Power, the Stile of the Chief [p. 136.] Magistrate is changed from President to Governor; That he is not to preside in the Senate, but by the Constitution is to have a vote there with any other Senator, and a casting vote in case of a tie. " That the paragraphs under the head Council in the Constitution are not expunged, yet several paragraphs of the Amendments are approved of that seem to recognize the election of Counsellors by the people and not by the Legislature ; and that the people by a clause agreed upon in the Exclusion bill, have expressly prohibited the members of the Coun cil from having a seat in the Legislature. "That as to the other Articles of Amendments that are approved of, it appears that they are not inconsistent with the Constitution, except such parts of it as are thereby repealed : Your Committee therefore sub mit it to the consideration of the Convention, whether it is not neces sar}' that some further articles of amendments respecting the Governor and Council should be again submitted to the people for their approba tion. Sign* Wm. Plumer, for the Committee." [p. 137.] Voted That the Convention Resolve themselves into a Committee of the whole, to take under consideration the Report of the Committee last mentioned. The Hon^' Timothy Walker Esq', in the chair. The Committee of the whole, having taken under consider ation the Report of the Select Committee, after debate thereon came to the following resolution, — (viz.) Resolved, that it is the opinion of this Committee that amendments to the Constitution be sent out to the people of this State for their approbation, — the amendments by the returns made to this Convention having been found on ex amination to be inconsistent with the Constitution and with each other. The Committee then rose and the President took the chair. Report was then made by the Chairman to the Presi dent & Convention of the proceedings of the Committee of the whole : — which report was received and accepted. Motion was then made to appoint a Committee for the purpose of draughting such amendments as may be judged necessary to be sent out to the people ; which motion ob tained, and that the s'^ Com'®® consist of seven. The ballots [p. 138.] being taken and counted, Mr. Plummer, Mr. Walker, Mr. Jere". Smith, Mr. Atherton, Mr. Thompson, Mr. New comb and Mr. Livermore were appointed the Committee. Adjourned to Monday next at 10 o'clock, A. M. 144 STATE OF NEW HAMPSHIRE. Monday June 4, 1792. Convention met according to adjournment. The Committee appointed on Saturday last, reported (verbally) that a majority of the Committee were of opinion that the seeming inconsistency mentioned in the Report of the Committee of Saturday last, may be fau-ly reconciled, and therefore requested to be discharged. Motion being made and seconded for that purpose, it was put and the Committee discharged. Motion was then made that such part of the amendments as are contained under the head Executive Power, as hereto- [p. 139.] fore sent out to the people, be again sent out for their acceptance, or rejection, with the alterations of the last Wednesday of October to the i^' Wednesday of June — which motion prevailed. Adjourned to 3 o'clock, p. M. Met accordingly. Motion was made that such part of the amendments as are contained under the head Council, as heretofore sent out to the people, with the alterations from the last Wednesday of October to the first Wednesday of June, and adding to what was then N". forty-two, the following words : " And the quahfications for Counsellors shall be the same as for Sena tors : " and in the forty-fifth Number, the words, " be thus chosen a counsellor " to follow the word " person," be added, and the numbers forty-three and forty-four left out as rejected by the people — which motion prevailed. Resolved, That a Committee be chosen to consider what further amendments to the Constitution are necessary to be sent out to the people. The Committee appointed are, Mr. Page (Charlestown) Mr. Hoit, & Mr. Livermore of Ports mouth, and that they prepare an address to accompany the amendments.* Adjourned to 7 o'clock to-morrow morning. [p. 140.J Tuesday, June 5'" 1792. Convention met according to adjournment. The Committee appointed to consider what further amend ments are necessary to be sent out to the people, reported in the following words : "The Committee to whom was referred to consider what further amendments to the Constitution are necessary to be sent to the People, &c. Report the following Articles, viz. * The editor has searched in vain for an address as ordered to be sent out to the people. JOURNAL OF CONVENTION. I45 [P. 142.] SENATE. The Senate shall consist of twelve members, who shall hold their office for one year, from the first Wednesday of June next ensuing their election. [p. 143.] And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into twelve districts, as nearly equal as may be without dividing towns and unin corporated places ; and in making this division, they shall govern them selves by the proportion of direct taxes paid by the said districts, and timely make known to the inhabitants of the State the limits of each district. The freeholders and other inhabitants of each district, qualified as in this Constitution is provided, shall annually give in their votes for a Senator, at some meeting holden in the month of March. The Senate shall be the first branch of the Legislature ; and the Sen ators shall be chosen in the following manner, viz. Every male inhabi tant, of each town, and parish with town privileges, and places unincor porated, in this State, of twenty-one years of age and upwards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right, at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the Senator in the district whereof he is a member. [p. 144.] Provided nevertheless. That no person shall be capable of being elected a Senator, who is not of the Protestant religion, and seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this State, who is not of the age of thirty years, and who shall not have been an inhabitant of this State for seven years immedi-. ately preceding his election, and at the time thereof he shall be an inhabitant ofthe district for which he shall be chosen. And! every person, qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in the town, parish, and plan tation, where he dwelleth and hath his home. And the inhabitants of plantations and places unincorporated, quali fied as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually in the [p. 145.] month of March, at such places respectively therein as the as sessors thereof shall direct ; which assessors shall have like authority- for notifying the electors, collecting and returning the votes, as the- Selectmen and Town Clerks have in their several towns by this Consti-- tution. The meetings for the choice of Governor, Council, and Senators,. shall be warned by warrant from the Selectmen, and governed by a Mod erator, who shall, in the presence of the Selectmen, (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for Senators ; and shall, in said meetings, in presence of the said Selectmen and ofthe Town Clerk, in said meeting, sort and count the said votes, and make a public 10 146 STATE OF NEW HAMPSHIRE. declaration thereof, with the name of every person voted for, and the number of votes for each person : And the Town Clerk shall make a fair record ofthe same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof: And the said Town Clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish [p. 146.] shall lie, thirty days at least before the first Wednesday of June ; or to the Secretary of the State at least twenty days before the first Wednesday of June : And the Sheriff of each county, or his Deputy, shall deliver all such certificates by him received, into the Secretary's office, at least twenty days before the first Wednesday of June. And, that there may be a due meeting of Senators on the first Wednesday of June annually, the Governor and a majority of the Council for the time being, shall, as soon as may be, examine the re turned copies of such records, and fourteen days before the said first Wednesday of June, he shall issue his summons to such persons as appear to be chosen Senators, by a majority of votes, to attend and take their seats on that day. Provided nevertheless, That for the first year the said returned copies shall be examined by the President, and a majority of the Council then in office ; and the said President shall, in like manner, notify the per sons elected, to attend and take their seats accordingly. And in case there shall not appear to be a Senator elected, by a ma jority of votes, for any district, the deficiency shall be supplied in the [p. 147.] following manner, viz. The members of the House of Repre sentatives, and such Senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the Senator wanted for such district ; and in this manner all such vacancies shall ibe filled up, in every district of the State ; and in like manner aU va cancies in the Senate, arising by death, removal out of the State, or otherwise, shall be supplied, as soon as may be after such vacancies happen. The Senate shall be final judges of the elections, returns, and qualifi cations, of their own members, as pointed out in this Constitution. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided nevertheless. That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day, or at such place. The Senate shall appoint their President, andother officers, and deter mine their own rules of proceedings : And not less than seven members of [p. 148.] the Senate shall make a quorum for doing business ; and when less than eight Senators shall be present, the assent of five, at least, shall be necessary, to render their acts and proceedings valid. The Senate shall be a Court, with full power and authority to hear, try, and determine, all impeachments made by the House of Representatives against any officer or officers of the State, for bribery, corruption, mal practice, or mal-administration, in office, with full power to issue sum mons or compulsory process, for convening witnesses before them : But previous to the trial of any such impeachment, the members of the JOURNAL OF CONVENTION. I47 Senate shall respectively be sworn truly and impartially to try and de termine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice, or mal-admin istration, in office, shall be served with an attested copy of the im peachment, and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriif, or- such other sworn officer as the Senate may appoint, at least fourteen [p. 149.] days previous to the time of trial ; and such citation being duly served and returned, the Senate may proceed in the hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defence, by himself and counsel ; and may also, upon his refusing or neglect ing to appear, hear the proofs in support ofthe impeachment, and render judgment thereon, his non-appearance notwithstanding ; and such judg ment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit under this State ; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land. Whenever the Governor shall be impeached, the Chief Justice of the Supreme Judicial Court shall, during the trial, preside in the Senate, but have no vote therein. [p. 151.] The Committee find that the following articles of amend ments being approved by the people, are so unconnected with other ar ticles that there is no necessity for again submitting them to the people [p. 152.] to be voted upon, viz. The 2, 3, 4, 6, 7, 9, 10, 26, 27, 28, 39, 49, 50, 51, 52, 53, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72. The Committee are of opinion that the Articles last mentioned be printed, that the People may be informed what is already ratified, and that the amendments now to be sent out be printed with the following Certificate at the end, viz. I town clerk of do certify that at a legal meeting duly warned and held in the town of in the county of this day of Anno Domini, 1792, for the pur pose of considering the foregoing amendments to the Constitution of the State of New Hampshire, as agreed upon in Convention, that there [p. 153] were voters present who voted for the amendments and voters present who voted against the amendments. Attest, Town Clerk. The Committee are further of opinion that the following Resolve be printed with the amendments to be sent out, viz. In Convention held at Concord the last Wednesday of May 1792, by adjournment : Whereas upon examining the returns from the several Towns & unin corporated places, it appears that under the heads Senate, Governor & Council many articles are approved by two thirds of the voters, and many are not approved ; by reason whereof said amendments are ren- [p. 154.] dered inconsistant & contradictory, and the Convention not 148 STATE OF NEW HAMPSHIRE. having the power to reject what has been approved by the People as aforesaid : — Therefore Resolved, that Articles be again sent out to be laid before the several towns and unincorporated places, on the 27"' day of August next, that the whole may be approved or rejected ; and that return thereof be made to the Convention on the 5"^ day of Sept. next, and that the articles which have been already approved by more than two thirds of the voters, and not inconsistant or contradictory, be printed, that it may be known what articles have been ratified by the People ; and Whereas, if the articles now sent out are not approved by two thirds [p. 155.] of the qualified voters, the last clause in the exclusion bill, which is in the words following, — "No member of the Council shall have a seat in the Senate or House of Representatives," will be repug nant to other parts of the Constitution : — Therefore Resolved, That an article be sent out for expunging said clause. The Committee also report an Article for expunging part of the ex clusion bill, which is as follows, viz. The last clause in the exclusion bill which is in the words following, viz. " No member of the Council shall have a seat in the Senate or House of Representatives," shall be expunged. [p. 156.] All which is respectfully submitted, by Wm. Page, for the Committee. Which report was read and considered, Rec*^ and accepted. Resolved that a committee be appointed to report to the Convention, that part of the amendments to be sent out to the people, under the head Executive, agreeably to the votes of the Convention. The Committee, Mr. Plummer, Mr. Smith of Peterboro' and Mr. Livermore of Portsmouth. The above named Committee reported in the following words : EXECUTIVE POWER. governor. There shall be a Supreme Executive Magistrate, who shall be stiled the Governor of the State of New Hampshire, and whose title shall be his Excellency. [p. 158.] The Governor shall be chosen annually, in the month of March ; and the votes for Governor shall be received, sorted, counted, certified, and returned, in the same manner as the votes for Senators ; and the Secretary shall lay the same before the Senate and House of Representatives, on the first Wednesday of June, to be by them ex amined ; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of the Governor shall be the same [P. 159.] as those for Senators ; and if no person shall have a majority ot votes, the Senate and House of Representatives shall, by joint ballot, JOURNAL OF CONVENTION. I49 elect one of the two persons having the highest number of votes, who shall be declared Governor. And no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age pf thirty years, and unless he shall, at the same time, have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right within this State, and unless he shall be ofthe Protestant religion. In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same seven days before the said first 'Wednesday of June. And in case of any infectious distemper prevailing in the place where [p. 160.] the said Court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State. Every bill which shall have passed both Houses of the General Court, shall, before it become a law. be presented to the Governor, if he approve, he shall sign it, but if not, he shall return it, with his ob jections, to that house in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it ; if, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with such objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons, voting for or against the bill, shall be entered on the Journal of each house respectively. If any bill shall not be re turned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man ner as if he had signed it, unless the Legislature, by their adjournment, [p. 161.] prevent its return, in which case it shall not be a law. Every resolve shall be presented to the Governor, and, before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. All judicial officers, the Attorney General, Solicitors, all Sheriffs, Coroners, Registers of Probate, and all officers ofthe navy, and general and field officers of the militia, shall be nominated and appointed by the Governor and Council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, unless a majority of the Council agree thereto. The Governor and Council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the Governor and Council, and every negative shall be also signed by the Governor or Council who made the same. The Captains and Subalterns, in the respective regiments, shall be nominated and recommended by the field officers, to the Governor, who is to issue their commissions immediately on receipt of such recommendation. IJO STATE OF NEW HAMPSHIRE. [p. 162.] Whenever the chair of the Governor shall become vacant, by reason of his death, absence from the State, or otherwise, the Presi dent of the Senate shall, during such vacancy, have and exercise all the powers and authorities, which by this Constitution, the Governor is vested with, when personally present ; but when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate. The Governor, with advice of Council, shall have full power and au thority, in the recess of the General Court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said Court ; and during the session of said Court, to adjourn or prorogue it to any time the two Houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the wel fare of the State should require the same. The Governor of this State for the time being shall be commander in chief of the army and navy, and all the military forces of the State, by sea and land : and shall have full power by himself, or by any chief commander, or other officer, or officers, from time to time, to train, [p. 163.] instruct, exercise and govern the militia and navy; and for the special defence and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and with out the limits of this State ; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment or annoyance of this State ; and to use and exercise over the army and navy, and over the militia in actual service, the law-martial in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require : And surprize, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State : And in fine, the Governor hereby is entrusted with all other powers incident to the office of Captain-General and Commander in Chief, and Admiral, to be exercised agreeably to the rules and regulations of the [p. 164.] Constitution, and the laws of the land : Provided, that the Governor shall not, at any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the Legislature, transport any of the inhabitants of this State, or oblige them to march out of the limits of the same, without their free and volun tary consent, or the consent of the General Court, nor grant commis sions for exercising the law martial in any case, without the advice and consent of the Council. The power of pardoning offences, except such as persons may be convicted of before the Senate, by impeachment of the House, shall be in the Governor, by and with the advice of the Council : But no charter of pardon granted by the Governor, with advice of Council, be fore conviction, shall avail the party pleading the same, notwithstand ing any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be re- JOURNAL OF CONVENTION. 151 moved from his office, but by the address of both Houses to the Gov- [p. 165.] ernor, or by fair trial in court-martial, pursuant to the laws of tlie State for the time being. The commanding officers of the regiments shall appoint their Adju tants and Quarter-Masters ; the Brigadiers, their Brigade-Majors ; the Major-Generals, their Aids ; the Captains and Subalterns, their non commissioned officers. The Governor and Council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this State shall appoint ; as also all officers of forts and garrisons. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this State, until the same shall be altered by some future law. No monies shall be issued out ofthe treasury ofthis State, and dis posed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the Council, for the necessary support and defence of this State, and for the necessary pro- [p. 166.] tection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the Commissary-General, all superintending officers of public magazines and stores, belonging to this State, and all com manding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public jjrop- erty under their care respectively ; distinguishing the quantity and kind of each, as particularly as may be ; together with the condition of such forts and garrisons ; And the commanding officer shall exhibit to the Governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. Tlie Governor and Council shall be compensated for their services, from time to time, by such grants as the General Court shall think rea sonable. Permanent and honorable salaries shall be established by law, for the Justices of the Superior Court. Wm. Plumer for the Committee. Which report being read and considered, Voted that it be received & accepted. [p. 167.] Voted, that when the foregoing amendments shall become a part of the Constitution of this State, the several paragraphs now in the Constitution established 31^' of Octo ber 1783, under the several heads. Senate, Executive Power or President, and under the head Council, be con sidered as no longer in force. Voted, That when the Convention adjourns, that it be to 152 STATE OF NEW HAMPSHIRE. meet again at Concord on the first Wednesday in Septem ber next. Voted That Mr. Walker, Mr. Tinney & Mr. Calfe be a Committee to procure 5°° copies of the Amendments agreed on by the Convention, to be sent to the people. Voted, That the Secretary be desired to make out a copy of the articles and resolves agreed on to be sent out to the people as soon as may be, and employ some person to carry the same to the President for his signature, and to return the same to the Committee appointed to get the articles printed. Adjourned to the first Wednesday in September next, then to meet at Concord, at lO o'clock, A. m. [Note. — Agreeably to the abovesaid votes, the foregoing articles (taken from printed copy) were sent out to the people, in form as fol lows.] Articles in addition to and amendment of the Con stitution OF the State of New Hampshire, agreed TO BY the Convention of said State, Sl submitted to the people thereof for their approbation. In Convention held at Concord, the last Wednesday of May, 1792, by adjournment. Whereas upon examining the returns from the several towns and un incorporated places, it appears that under the heads senate, gov ernor and council, many articles are approved by two tliirds of the voters ; and many are not approved, by reason whereof said amend ments are rendered inconsistant, and contradictory : And the con vention not having the power to reject what has been approved by the people as aforesaid, ThEREP'ORE resolved. That articles be again serg out to be laid before the several towns and unincorporated places, on the twenty-seventh day of August next, that the whole may be approved or rejected ; and that return thereof be made to the con vention on the fifth day of September next. And that the articles which ihave been already approved by more than two thirds of the voters, and not inconsistant or contradictory, be printed, that it may be known what articles have been ratified by the people. JOURNAL OF convention. 153 And whereas,, if the articles now sent out are not approved by two thirds of the qualified voters, the last clause in the exclusion bill, which is in the following words, "No member of the council shall have a seat in the senate or house of representatives," will be repugnant to other parts of the constitution — Therefore resolved. That an article be sent out for expunging said clause. ARTICLE. " No MEMBER of the council shall have a seat in the senate or house of representatives" shall be expunged. SENATE. The senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election. And that the State may be equally represented in the senate, the leg islature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and unincorporated places ; and in making this division, they shall govern themselves by the proportion of direct taxes paid by the said districts, and timely make known to the inhabitants of the state the limits of each district. The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March. The senate shall be the first branch of the legislature ; and the sen ators shall be chosen in the following manner, viz. Every male inhabi tant of ftach town, and parish with town privileges, and places unin corporated, in this state, of twenty-one years of age and upwards, ex cepting paupers, and persons excused from paying taxes at their own request, shall have a right, at the annual or other meetings of the in habitants of said towns and parishes, to be duly warned and holden an nually forever in the month of March, to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a mem ber. Provided nevertheless. That no person shall be capable of being elected a senator, who is not of the Protestant religion, and seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years imme diately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish, and plan tation, where he dwelleth and hath his home. And the inhabitants of plantations and places unincorporated, quali fied as this constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually 154 STATE OF NEW HAMPSHIRE. in the month of March, at such places respectively therein as the asses sors thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the select men and town clerks have in their several towns by this constitution. The meetings for the choice of governor, council, and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators ; and shall, in said meetings, in presence of the said se lectmen, and of the town clerk, in said meeting, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person ; And the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a super scription expressing the purport thereof: And the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, thirty days at least before the first Wednesday of June; or to the secretary of the state at least twenty days before the said first Wednesday of June : And the sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the secretary's office, at least twenty days before the first Wednesday of June. And that there maybe a due meeting of senators on the first Wednes day of June annually, the governor, and a majority of the council for the time being, shall, as soon as may be, examine the returned copies of such records, and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be cho^n sena tors, by a majority of votes, to attend and take their seats on that day. Provided nevertheless. That for the first year the said returned copies shall be examined by the president, and a majority of the council then in office ; and the said president shall, in like manner, notify the per sons elected, to attend and take their seats accordingly. And in case there shall not appear to be a senator elected, by a ma jority of votes, for any district, the deficiency shall be supphed in the following manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district ; and in this manner all such vacancies shall be filled up, in every district of the state ; and in like manner all vacancies in the sen ate, arising by death, removal out of the state, or otherwise, shall be supplied, as soon as may be after such vacancies happen. The senate shall be final judges of the elections, returns, and qual ifications, of their own members, as pointed out in this constitution. The senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time. Provided jievertheless. That whenever they shall sit on the trial of any irnpeachment, they may adjourn to such time and place as they may thmk proper, although the legislature be not assembled on such day, or at such place. The senate shall appoint their president, and other officers, and de termine their own rules of proceedings : And not less than seven mem- JOURNAL OF CONVENTION. 1 55 bers of the senate shall make a quorum for doing business ; and when less than eight senators shall be present, the assent of five, at least, shall be necessary, to render their acts and proceedings valid. The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of represen tatives against any officer or officers of the state, for bribery, corrup tion, mal-practice, or mal-administration, in office ; with full power to issue summons, or compulsory process, for convening witnesses before them : But previous to the trial of any such impeachment, the members of the senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice, or mal administration, in office, shall be served with an attested copy of the impeachment, and order of senate thereon, with such citation as the senate may direct, setting forth the time and place of their setting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the senate may proceed in the hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of pro ducing witnesses and proofs, and of making his defence, by himself and counsel, & may also, upon his refusing or neglecting to appear hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding ; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state ; but the party, so con victed, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land. Whenever the Governor shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the senate, but have no vote therein. EXECUTIVE POWER. governor. THERE shall be a Supreme Executive Magistrate, who shall be styled the Governor of the State of New Hampshire, and whose title shall be His Excellency. The Governor shall be chosen annually, in the month of March ; and the votes for Governor shall be received, sorted, counted, certified and returned, in the same manner as the vote's for senators ; and the secretary shall lay the same before the senate and house of repre sentatives, on the first Wednesday of June, to be by them examined, & in case of an election by a majority of votes thro' the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators ; and if no person shall have a majority of votes, the senate and house of representatives shall, by joint "ballot, elect one of the two persons having the highest number of votes, who shall be declared governor. 156 STATE OF NEW HAMPSHIRE. And no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold, in his own right, within this state, and unless he shall be of the protestant religion. In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same seven days before the said first Wednesday of June. And, in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their at tendance, the governor may direct the session to be holden at some other the most convenient place within the state. Every bill which shall have passed both houses of the general court, shall, before it become a law, be presented to the governor, if he ap prove, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the ob jections at large on their journal, and proceed to reconsider it ; if, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons, voting for or against the bill, shall be en tered on the journal of each house respectively. If any bill shall not be returned by the governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by their adjourn ment,, prevent its return, in which case it shall not be a law. Every resolve shall be presented to the governor, and, before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. All judicial officers, the attorney-general, solicitors, all sheriffs, coro ners, registers of probate, and all officers of the navy, and general and field officers ot the militia, shall be nominated and appointed by the governor and council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, unless a majority of the council agree thereto. The o-qv- ernor and council shall have a negative on each other, both in^the "i?"i'/u^''°'^^ ^""^ appointments. Every nomination and appointment shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same. The captains and subalterns, in the respective regiments, shall be nominated and recommended by the field officers to the governor who IS to issue their commissions immediately on receipt of such recom mendation . Whenever the chair ofthe Governor shall become vacant, by reason ot bis death, absence from the state, or otherwise, the president of JOURNAL OF CONVENTION. 157 the senate shall during such vacancy, have and exercise all the powers and authorities which, by this constitution the governor is vested with, when personally present ; but when the president of the senate shall exercise the office of governor, he shall not hold his office in the senate. The governor, with advice of council, shall have full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court ; and during the session of said court, to adjourn or pro rogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same. The governor of this state for the time being shall be commander in chief of the army and navy, and all the military forces of the state, by sea and land ; and shall have full power by himself, or by any chief com mander, or other officer, or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety ofthis state, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state ; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and per sons as shall, at any time hereafter, in a hostile manner, attempt or en terprize the destruction, invasion, detriment or annoyance of this state ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in re bellion, declared by the legislature to exist, as occasion shall necessa rily require : And surprize, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invad ing, conquering or annoying this state ; and in fine, the governor hereby is entrusted with all other powers incident to the office of cap tain-general and commander in chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land : Provided, that the Governor shall not, at any time hereaf ter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the council. The power of pardoning offences, except such as persons may be con victed of before the senate, by impeachment of the house, shall be in the Governor, by and with the advice of the council : But no charter of pardon granted by the Governor, with advice of council, before con viction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be re moved from his office, but by the address of both houses to the Gov ernor, or by fair trial in court-martial, pursuant to the laws of the State for the time being. 158 STATE OF NEW HAMPSHIRE. The commanding officers of the regiments shall appoint their Adju tants and Quarter-masters ; the Brigadiers, their Brigade-Majors ; the Major Generals, their Aids ; the Captains and Subalterns, their non commissioned officers. The Governor and council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this State shall appoint ; as also all officers of forts and garrisons. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this state, until the same shall be altered by some future law. No monies shall be issued out of the treasury of this state, and dis posed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this state, and all com manding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages and all small arms, with their accoutrements, and of all other public property under their care respectively ; distinguishing the quantity and kind of each, as particularly as may be ; together with the con dition of such forts and garrisons : and the commanding officer shall exhibit to the governor, when required by him true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. The Governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable. Permanent and honorable salaries shall be established by law, for the Justices of the Superior Court. COUNCIL. THERE shall be annually elected, by ballot, five councillors, for ad vising the governor in the executive part of government. The free holders and other inhabitants in each county, qualified to vote for sen ators, shall some time in the month of March, give in their votes for one councillor ; which votes shall be received, sorted, counted, certi fied, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday of June. And the person having a majority of votes in any county, shall be considered as duly elected a councillor : But if no person shall have a majority of votes in any county, the senate and house of representa tives shall take the names of the two persons who have the highest num ber of votes in each county, and not elected, and out of those two shall JOURNAL OF CONVENTION. 1 59 elect by joint ballot, the councillor wanted for such county, and the qualifications for councillors shall be the same as for senators. If any person thus chosen a councillor, shall be elected governor, or member of either branch of the legislature, & shall accept the trust: or if any person elected a councillor, shall refuse to accept the office ; or in case of the death, resignation, or removal of any councillor out of the state : the Governor may issue a precept for the election of a new councillor in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed : And the Governor shall have full power and authority to convene the council, fi'om time to time, at his discretion ; and, with them, or the majority of them, may, and shall, from time to time, hold a council, for order ing and directing the affairs of the state, according to the laws of the land. The members of the council may be impeached b}' the house, and tried by the senate, for bribery, corruption, mal-practice, or mal-ad ministration. The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all the members present agree ing thereto ; and this record may be called for at any time, by either house of the legislature ; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion. The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, govern ing themselves by the number of rateable polls, and proportion of pub lic taxes ; each district to elect a councillor : And, in case of such division, the manner of the choice shall be comformable to the present mode of election in counties. And whereas the elections, appointed to be made by this constitu tion, on the first Wednesday of June annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed : and the order of the elections shall be as follows — the vacancies in the sen ate, if any, shall be first filled up : The governor shall then be elected, provided there shall be no choice of him by the people : And after wards, the two houses shall proceed to fill up the vacancy, if any, in the council. When the foregoing amendments shall become a part of the consti tution of this state the several paragraphs now in the constitution, es tablished the thirty first day of October 1783, under the several heads. Senate, Executive Power, or President; and under the head Council, be considered as no longer in force. In convention, voted, that the amendments now to be sent out, be printed with the following certificate at the end, viz. / town clerk of do certify, that at a legal meeting duly warned and held in the town of in the county of this day of anno domini 1792, for the purpose of considering the foregoing amendments, to the constitution of the state of New Hampshire, as agreed upon in convention ; that there were voters present who voted for the amendments, and voters pres ent who voted against the amendments. Attest: Town Clerk. l6o STATE OF NEW HAMPSHIRE. In Convention resolved, that the following articles of amendments being approved by the people, are so unconnected with other articles, that there is no necessity for again submitting them to the people, to be voted upon, viz. The 2. 3. 4. 6. 7- 9- lo- 26. 27. 28. 39. 49. 50. 51. 52. 53. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. but that said articles be printed, that the people may be informed what is al ready ratified. 11. That the word assembly, be expunged, and the word legislature in serted. III. That the words " those of' be expunged, and the word " dye " be expunged, and the word " offences " inserted. IV. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers and all his possessions — therefore all warrants to search suspected places, or arrest a person for examination, or trial in prosecutions for criminal matters, are con trary to this right if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in a warrant to a civil officer to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search or seiz ure ; and no warrant ought to be issued but in case, and with the form alities prescribed by law. VI. The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require. VII. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial inter pretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit, it is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their office so long as they behave well ; subject how ever to such limitations on account of age as may be provided by the constitution of the state, and that they should have honorable salaries ascertained and established by standing laws. IX. No member of the general court shall take fees, be of council, or act as advocate in any cause before either branch of the legislature, and upon due proof thereof, such member shall forfeit his seat in the legislature. X. The doors of the galleries of each house of the legislature, shall be kept open to all persons who behave decently, except when the welfare of the state in the opinion of either branch shall require secrecy. JOURNAL OF CONVENTION. l6l XXVI. The members of both houses of the legislature shall be compensated for their services out of the treasury of the state, by a law made for that purpose, such members attending seasonably, and not departing with out licence. All intermediate vacancies in the house of representatives may be filled up from time to time, as the annual elections are made. XXVII. The house of representatives shall be judge of the returns, elections, and qualifications of its members ; as pointed out in this constitution. XXVIII. The journals of the proceedings, and all public acts of both houses of the legislature shall be printed and published immediately after every adjournment or prorogation : And upon motion made by any one mem ber the yeas and nays upon any question shall be entered on the journals ; and any member of the senate or house of representatives shall have a right on motion made at the time for that purpose to have his protest or dissent with the reasons against any vote, resolve or bill passed, entered on the journals. XXXIX. The several paragraphs under the head President in the constitution shall be altered by expunging the word President, and inserting the word Governor in lieu thereof. XLIX. The Secretary of the State shall at all times have a deputy to be by him appointed, for whose conduct in office he shall be responsible, and in case of death, removal or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this state, until an other shall be appointed. L. The Secretary before he enters upon the business of his office, shall give bond with sufficient sureties in a reasonable sum, for the use of the state, for the punctual performance of his trust. LI. The county treasurer and register of deeds shall be elected by the inhabitants of the several towns in the several counties in the state, ac cording to the method now practiced, and the laws of the state : pro vided nevertheless, the legislature shall have authority to alter the man ner of certifying the votes & the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them. LII. And the legislature, on the application of the major part of the in habitants of any county, shall have authority to divide the same into two districts for registering deeds if to them it shall appear necessary, each district to elect a register of deeds. 11 1 62 state of new HAMPSHIRE. LIII. The county treasurer and register of deeds before they enter upon the business of their offices shall be respectively sworn faithfully to dis charge the duties thereof, and severally give bond with sufficient sure ties in a reasonable sum for the use of the county or district, for the punctual performance of their respective trusts. LVIII. The general court are impowered to give to justices of the peace ju risdiction in civil causes where the damages demanded shall not exceed four pounds, and title of real estate is not concerned, but with right of appeal to either party to some other court, so that a trial by jury in the last resort may be "had. LIX. No person shall hold the office of judge of any court, or judge of pro bate, or sheriff of any county after he has attained the age of seventy years. LX. No judge of any court, or justice of the peace shall act as attorney, or be of counsel to any party, or originate any civil suit in matters which shall come or be brought before him as a judge or justice of the peace. LXI. All matters relating to the probate of wills, and granting of letters of administration shall be exercised by the judges of probate in such manner as the legislature have directed, or may hereafter direct. And th« judges of probate shall hold their courts at such place or places on such fixed days as the conveniency of the people may require, and the legislature from time to time appoint. LXII. No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel in any probate business which is pending or may be brought into any court of probate in the county of which he is judge or register. LXIII. That the paragraphs under the head of clerks of courts, in the con stitution, be expunged, and the following substituted. LXIV. The judges of the courts, those of the probate excepted, shall ap point their respective clerks, to hold their office during pleasure, and no such clerk shall act as an attorney or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action. LXV. That the paragraphs in the constitution under the head Delegates to Congress be expunged. JOURNAL OF CONVENTION. 1 63 LXVI. The oath of allegiance in the constitution shall be expunged and the following substituted in lieu thereof, viz. I A. B. do solemnly swear, that I will bear faith and true allegiance to the State of New Hain^pshire, and will support the constitution thereof. So help me God. LXVI I. Any person having taken and subscribed the oath of allegiance shall not be obliged to take said oath again. LXVIII. And the oaths or affirmations shall be taken and subscribed by the Governor before the President of the senate in presence of both houses of the legislature, and by the senators and representatives first elected under this constitution as amended ani altered, before the President of the state, and a majority of the council then in office, and forever afterwards before the Governor and council for the time being, and by all other officers, before such persons, and in such manner as the legis lature shall from time to time appoint. LXIX. That the fifteenth paragraph in the constitution, under the head Oaths, Subscriptions, &c. be expunged and the following substituted in lieu thereof. LXX. No person holding the office of judge of any court (except special judges) Secretary, Treasurer ofthe state, attorney general, commissary general, military officers, receiving pay from the Continent or this state excepting officers of the militia, occasionally called forth on an emer gency. Register of deeds, sheriff or officer of the customs, including naval officers. Collectors of excise, and state and continental taxes here after appointed and not having settled their accounts with the respec tive officers with whom it is their duty to settle such accounts, members of Congress, or any person holding an office under the United States, shall at the same time hold the office of Governor, or have a seat in the senate or house of representatives or council, but his being chosen and appointed to and accepting the same shall operate as a resignation of his seat in the chair, senate, or house of representatives or council, and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or of house of representatives. LXXI. To the end that there may be no failure of justice, or danger to the state by the alterations and amendments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the amendments and alterations shall take effect ; and make the necessary arrangements accordingly. That the last paragraph in the constitution be expunged, and the following substituted in lieu thereof, viz. 164 STATE OF NEW HAMPSHIRE. LXXII. It shall be the duty of the selectmen and assessors of the several towns and places in this state, in warning the first annual meeting for the choice of senators, after the expiration of seven years from the adop tion of this constitution, as amended to insert expressly in the warrant, this purpose among the others, for the meeting, to wit : to take the sense of the qualified voters on the subject of a revision of the constitution. And the meeting being warned accordingly and not otherwise, the mod erator shall take the sense of the qualified voters present, as to the ne cessity of a revision, and a return of the number of votes for, and against such necessity, shall be made by the clerk, sealed up and direct ed to the general court at their then next session. And if it shall appear to the general court by such returns, that the sense of the people of the state has been taken and that in the opinion of the majority of the qualified voters, in the state present, and voting at said meetings, there is a necessity for a revision of the constitution ; it shall be the duty of the general court to call a convention for that purpose, other wise the general court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner, and proportioned as the representatives to the general court ; provided, that no altera tions shall be made in this constitution, before the same shall be laid before the towns and unincorporated places ; and approved by two thirds of the qualified voters present, and voting on the subject. — And the same method of taking the sense of the people, as to the revision of the constitution, and calling a convention for that purpose ; shall be observed afterwards at the expiration of every seven years. SAMUEL LIVERMORE, President. Attest: JOHN CALFE, Secretary. [p. 168.] Wednesday, Sept'^' s"' 1792. Convention met according to adjournment. Voted, That Mr. Newcomb, Mr. Plummer and Mr. Foster be a Committee to examine the returns from the several Towns and places in this State, and make report thereon. Adjourned to 9 o'clock to-morrow morning. Thursday, Sepf" 6*^ 1792. Convention met according to adjournment. The Committee appointed to examine the returns from the several Towns and places in the State, of the votes for and against the amendments to the Constitution, Report, That they find the whole number of votes returned to be three thou sand and one hundred— of which, two thousand one hundred and twenty two are for said Amendments, and nine hundred and seventy eight against them ;— by which it appears that said Amendments are accepted by more than two thirds ofthe voters who voted thereon. Sign'd DanI. Newcomb, for Committee. Which report was read & considered, rec'^ and accepted. journal of convention. 165 [p. 169.] The returns from the several Towns in this State for and against the proposed amendments, were as follows, (viz.) COUNTY OF ROCKINGHAM. Names of Towns. Votes for. Ags't. 0 7 0 33 5 0 53 0 6 27 12 64 19 9 2 98 31 0 0 59 16 0 30 4 0 25 0 10 41 0 S 0 50 0 3« 14 Names of Towns. Votes for. Ags't. Allenstown, Atkinson, Bow, Brentwood, Candia, Canterbury, Chester, Chichester,Concord, Deerfield,East Kingston, Epping,Epsom, Exeter, Greenland, Hampstead,Hampton, Hawke,Hampton-Falls, Kensington,Kingstown,Londonderry, Loudon, Newington,New Market, New Castle, Newtown, Northfield, North Hampton, Northwood, Nottingham,Pelham, [p. 170.] Pembroke, Plastow,Poplin,Portsmouth, Pittsfield,Raymond,Rye, Salem,Sandown,Seabrook,South Hampton, Stratham, Windham, 12 22 18 41 o 16 o 32 o 19 9 S II o 3 o 20 2 14 0 28 2 I 13 33 o COUNTY OF STRAFFORD. Barnstead,Barrington, Conway, Dover,Durham, Eaton,Effingham, Gilmantown, Lee,Locations, S. Stark, A. Stark, Hugh Sterling, Madbury, Merrideth, II 31 632429 2 00 43 0 2 41 10 0 25 Middletown, [p. 171.] Moultonboro', New Durham, New Durham Gore, New Hampton, Ossippee,Rochester, Sanbornton, Sandwich, Sommersworth, Tamworth,Tuftonborough, Wakefield,Wolfborough, 1614 0 0 9 2 14 3021 14 000 I 18 0 1 66 STATE OF NEW HAMPSHIRE. COUNTY OF HILLSBOROUGH. Towns. Amherst, Andover,Antrim,Bedford, Boscawen,Bradford,Campbell's Gore. Dearing, Derryfield,Dunbarton,Dunstable, Duxbury,Fishersfield,Francestown, Goffstown, Hancock,Hinnekar,Hillsborough, Holles,Hopkintown, Acworth, Alstead, Charlestown, Chesterfield,Claremont,Cornish,Croydon, Dublin, Fitz William, Gilsom, Hinsdale, Jaffrey, [P. I73-] Keene, Langdon, Lempster,Marlborough, Marlow, Alexandria, Bath,Bridgewater, Cambridge, Campton, For. 33 34 34 39 o II 2 7 4 7 5 i6 0 55 0 o 22 Towns. [p. 172.] Keasearge Gore, Litchfield,Lyndeborough, Mason,Merrimac, New Boston, New Ipswich, New London, Nottingham West, Peterborough,Salisbury,Society Land, Sutton, Temple, Warner,Weare,Wilton, Greenfield,Sharon, Raby, COUNTY OF CHESHIRE. New Grantham, Newport,Packersfield, Plainfield,Protectworth, Richmond, Rindge, Stoddard, Surry, Sullivan, Swanzey, Unity, Walpole,Washington,Wendall, Westmoreland,Winchester, Goshen, COUNTY OF GRAFTON. 19 0 21 0 15 10 20 4 35 0 12 0 22 0 0 37 4 20 90 0 16 6 0 11 26 0 0 17 0 17 0 20 Canaan, Cardigan [crossed], Cockburne,Coleburne,Coventry, For. 20 0 31 I 30 0 26 49 I o2 10 oo 14 Agst. 2 1 2821 61 14 ¦I O 30 14 0 17 I 11 0 28 0 39 0 12 3 19 0 32 2 0 7 41 0 II 19 54 0 17 0 0 19 JOURNAL OF CONVENTION. COUNTY OF GRAFTON (Continued). 167 Towns. For. Ags't. Towns. For. Ags't. Dalton, Lyme, New Holderness, Northumberland, Orford, Piermont, Plymouth,Rumney,Shelburne,Thornton, Warren,Wentworth, Burton,Orange, New Chester, [Total] 21 6 Dartmouth, [p. 174.] Dorchester, Enfield, II 3 Franconia, Grafton,Gunthwait, Hanover, 6 08 0 18 I II 37 IS 2 Haverhill, Lancaster, Landaff, Lebanon, 2254 20 10 0 Lincoln. 7 Littleton, Lyman, 2122 978 [p. 175.] Voted That Mr. Newcomb, Mr. Plummer & Mr. E. S. Livermore, be a Committee to report to the Conven tion a true copy of the Constitution as revised and agreed to by the people. Adjourned to 3 o'clock, P. M. Met accordingly. The Committee appointed to report to the Convention a true copy of the Constitution as revised and agreed to by the people, reported the following [see p, 169] : [p. 239.J Which Report [of a true copy of the Constitu tion] being read and considered, was received and accepted ; — and the following vote passed. [p. 240.] In Convention held at Concord the fifth day of September Anno Domini 1792, The returns from the sever al Towns and unincorporated places being examined, and it appearing that the foregoing Bill oi Rights and form of gov ernment as amended by the Convention, were approved by more than two thirds of the qualified voters present in town meetings and voting upon the question ; — the same are agreed on and established by the Delegates of the people in Conven tion, and declared to be the Civil Constitution of the State of New Hampshire. [p. 241.] Voted That Mr. Walker and Mr. E. S. Livermore be a Committee to procure five hundred copies of the Con stitution to be printed, and that each member of the Con- l68 STATE OF NEW HAMPSHIRE. vention and of the present Legislature, be furnished with a copy, and that one copy be sent to each town, and that said Committee procure the Constitution to be enrolled on Parch ment, to be signed by the President of the Convention and Secretary, and transmitted to the Secretary of the State to be by him deposited in the Secretary's office. Voted, That the Secretary be directed to certify to his Excellency the President of the State, the number of days that the Rev. Mr. Evans attended the Convention as chap lain, and inform him that it is the desire of Convention that he be compensated therefor out of the Treasury of this State. The Convention then dissolved. THE CONSTITTJTION OF New Hampshire as agreed and amended by a Conven tion OF Delegates held at Concord in said State, AND approved BY THE PEOPLE, AND ESTABLISHED BY THE Convention on the first Wednesday op Sep tember, 1792. PART FIRST. BILL OF rights. Article I. A.ll men are born equally free and inde pendent ; therfore all government of right originates from the people, is founded in consent, and instituted for.the gen eral good. II. All men have certain natural, essential and inherent rights — among which are the enjoying and defending life and liberty, acquiring, possessing and protecting property ; and in a word, of seeking and obtaining happiness. III. When men enter into a state of society, they surren der up some of their natural rights to that society, in order to ensure the protection of others ; and without such an equivalent, the surrender is void. IV. Among the natural rights, some are in their very na ture unalienable ; because no equivalent can be given or re ceived for them ; of this kind are the rights of conscience. V. Every individual has a natural and unalienable right to worship God according to the dictates of his own con science and reason ; and no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship ping God in the manner and season most agreeable to the dictates of his own conscience, or for his religious profes sion, sentiments, or persuasion ; provided he doth not dis turb the publick peace, or disturb others in their religious worship. 170 STATE OF NEW HAMPSHIRE. VI. As morality and piety, rightly grounded on evangel ical principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strong est obligations to due subjection ; and as the knowledge of these is most likely to be propagated through a society, by the institution of the publick worship of the Deity, and of publick instruction in morality and religion ; therefore, to promote these important purposes, the people of this state have a right to empower, and do hereby fully empower the legislature, to authorize, from time to time, the several towns, parishes, bodies corporate, or religious societies, within this state, to make adequate provision, at their own expense, for the support and maintenance of publick Protestant teachers of piety, religion and morality. Provided notwithstanding. That the several towns, par ishes, bodies corporate, or religious societies, shall at all times have the exclusive right of electing their own publick teachers, and of contracting with them for their support and maintenance. And no person of any one particular relig ious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of christians, demeaning them selves quietly, and as good subjects of the state, shall be equally under the protection of the law : and no subordina tion of any one sect or denomination to another, shall ever be established by law. And nothing herein shall be understood to affect any for mer contracts made for the support of the ministry ; but all such contracts shall remain, and be in the same state as if this constitution had not been made. _ VII. The people of this state have the sole and exclusive right of governing themselves as a free, sovereign and inde pendent state ; and do, and forever hereafter shall exercise and enjoy every power, jurisdiction and right, pertaining thereto, which is not, or may not hereafter be by them ex pressly delegated to the United States of America in con gress assembled. VIII. All power residing originally in, and being derived from the people, all the magistrates and officers of govern ment are their substitutes and agents, and at all times ac countable to them. JOURNAL OF CONVENTION. 171 IX. No office or place whatsoever in government, shall be hereditary — the abilities and integrity requisite in all, not being transmissible to posterity or relations. X. Government being instituted for the common benefit, protection and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men ; therefore, whenever the ends of government are perverted, and publick liberty manifestly endangered, and all other means of redress are ineffectual, the people may and of right ought to reform the old, or establish a new government. The doctrine of non-resistance against arbi trary power and oppression, is absurd, slavish, and destruc tive of the good and happiness of mankind. XI. All elections ought to be free, and every inhabitant of the state, having the proper qualifications, has equal right to elect and be elected into office. XII. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty and prop erty ; he is therefore bound to contribute his share in the ex pense of such protection, and to yield his personal service when necessary, or an equivalent. But no part of a man's property shall be taken from him, or applied to publick uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state control- able by any other laws than those to which they, or their representative body, have given their consent. XIII. No person, who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled fliereto, provided he will pay an equivalent. XIV. Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character ; to obtain right and justice freely, without being obliged to purchase it ; completely and without any denial ; promptly and with out delay, conformably to the laws. XV. No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally described to him ; or be compelled to accuse or fur nish evidence against himself. And every subject shall have a right to produce all proofs that may be favourable to 172 STATE OF NEW HAMPSHIRE. himself ; to meet the witnesses against him, face to face ; and to be fully heard in his defence, by himself and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. XVI. No subject shall be liable to be tried, after an ac quittal, for the same crime or offence. Nor shall the legis lature make any law that shall subject any person to a capi tal punishment, (excepting for the government of the army and navy, and the militia in actual service) without trial by jury. XVII. In criminal prosecutions, the trial of facts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate of the citizen, that no crime or offence ought be tried in any other county than that in which it is committed ; except in cases of general insurrec tion in any particular county, when it shall appear to the judges of the superior court, that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. XVIII. All penalties ought to be proportioned to the na ture of the offence. No wise legislature will affix the same punishment to the crimes of theft, forgery and the like, which Jhey do to those of murder and treason ; where the same undistinguishing severity is exerted against all offences, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences : for the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to re form, not to exterminate mankind. XIX. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examina tion or trial, in prosecutions for criminal matters, are con trary to this right, if the cause or foundation of them be not JOURNAL OF CONVENTION. 1 73 previously supported by oath or affirmation ; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designa tion of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued, but in cases, and with the formalities, prescribed by law. XX. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore otherwise used and practised, the par ties have a right to a trial by jury, and this method of pro cedure shall be held sacred, unless, in cases arising on the high seas and such as relate to mariners' wages, the legis lature shall think it necessary hereafter to alter it. XXI. In order to reap the fullest advantage of the ines timable privilege of the trial by jury, great care ought to be taken, that none but quahfied persons should be appointed to serve ; and such ought to be* fully compensated for their travel, time and attendance. XXII. The Liberty of the Press is essential to the security of freedom in a state : it ought therefore to be in violably preserved. XXIII. Retrospective laws are highly injurious, oppres sive and unjust. No such laws therefore should be made, either for the decision of civil causes, or the punishment of offences. XXIV. A well regulated militia is the proper, natural and sure defence of a state. XXV. Standing armies are dangerous to liberty, and ought not to be raised, or kept up without the consent of the legislature. XXVI. In all cases and at all times, the military ought to be under strict subordination to, and governed by, the civil power. XXVII. No soldier in time of peace, shall be quartered in' any house, without the consent of the owner ; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. * JSe is omitted in the original. 174 STATE OF NEW HAMPSHIRE. XXVIII. No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext what soever, without the consent of the people, or their represent atives in the legislature, or authority derived from that body. XXIX. The power of suspending the laws, or the execu tion of them, ought never to be exercised but by the legisla ture, or by authority derived therefrom, to be exercised in such particular cases only as the legislature shall expressly provide for. XXX. The freedom of deliberation, speech and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution, in any other court or place what soever. XXXI. The legislature shall assemble for the redress of publick grievances, and for making such laws as the publick good may require. XXXII. The people have aright in an orderly and peace able manner, to assemble and consult upon the common good, give instructions to their representatives, and to re quest of the legislative body, by way of petition or remon strance, redress of the wrongs done them, and of the griev ances they suffer. XXXIII. No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. XXXIV. No person can in any case be subjected to law- martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and ad ministration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they be have well : subject, however, to such limitations on account of age, as may be provided by the constitution of the state : JOURNAL OF CONVENTION. 1 75 and that they should have honorable salaries ascertained and established by standing laws. XXXVI. Economy being a most essential virtue in all states, especially in a young one ; no pension shall be granted, but in consideration of actual services ; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time. XXXVII. In the government of this state, the three es sential powers thereof, to wit, the legislative, executive and judicial, ought to be kept as separate from, and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. XXXVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government ; the people ought therefore to have a particular regard to all those prin ciples in the choice of their officers and representatives : and they have a right to require of their law-givers and magis trates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government. PART SECOND. FORM OF GOVERNMENT. X HE people inhabiting the territory formerly called the Prov ince of New-Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sov ereign and independent body-politic, or state, by the name of the State of New-Hampshire. GENERAL COURT. The supreme legislative power, within this state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other. 176 STATE OF NEW HAMPSHIRE. The senate and house shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary ; and shall dissolve, and be dissolved seven days next preceding the said first Wednesday of June ; and shall be stiled the General Court of New-Hainpshire. The general court shall forever have full power and author ity to erect and constitute judicatories, and courts of record, or other courts, to be holden in the name of the state, for the hearing, trying and determining all manner of crimes, offen ces, pleas, processes, plaints, actions, causes, matters and things whatsoever, arising or happening within this state, or between or concerning persons inhabiting or residing, or brought within the same ; whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed ; and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any mat ter in controversy, or depending before them. And further, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the gov ernment thereof ; and to name and settle annually, or pro vide by fixed laws for the naming and settling, all civil officers within this state ; such officers excepted, the election and ap pointment of whom are hereafter in this form of government otherwise provided for ; and to set forth the several duties, powers and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repug nant or contrary to this constitution; and also to impose fines, mulcts, imprisonments and other punishments ; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents JOURNAL OF CONVENTION. 1 77 within, the said state ; and upon all estates within the same ; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the nec essary defence and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same. And while the publick charges of government, or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised ; in order that such as sessments may be made with equality, there shall be a valu ation of the estates within the state taken anew once in every five years at least, and as much oftener as the general court shall order. No member of the general court shall take fees, be of council, or act as advocate, in any cause before either branch of the legislature ; and upon due proof thereof, such member shall forfeit his seat in the legislature. The doors of the galleries, of each house of the legislature, shall be kept open to all persons who behave decently, ex cept when the welfare of the state, in the opinion of either branch, shall require secrecy. HOUSE OF REPRESENTATIVES. There shall be, in the legislature of this state, a represen tation of the people, annually elected and founded upon prin ciples of equality: and in order that such representation may be as equal as circumstances will admit, every town, parish, or place entitled to town privileges, having one hun dred and fifty rateable male polls, of twenty-one years of age and upwards, may elect one representative ; if four hundred and fifty rateable polls, may elect two representatives ; and so proceeding in that proportion, making three hundred such rateable polls the mean increasing number, for every addi tional representative. Such towns, parishes, or places, as have less than one hun dred and fifty rateable polls, shall be classed by the general court for the purpose of choosing a representative, and sea sonably notified thereof. And in every class, formed for the abovementioned purpose, the first annual meeting shall be 12 178 STATE OF NEW HAMPSHIRE. held in the town, parish, or place, wherein most of the rate able polls reside ; and afterwards in that which has the next highest number; and so on annually by rotation, through the several towns, parishes, or places, forming the district. Whenever any town, parish, or place, entitled to town privileges as aforesaid, shall not have one hundred and fifty rateable polls, and be so situated as to render the classing thereof with any other town, parish or place, very inconven ient, the general court may, upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a representative to the general court. The members of the house of representatives shall be chosen annually in the month of March, and shall be the second branch of the legislature. All persons qualified to vote in the election of senators, shall be entitled to vote within the district where they dwell, in the choice of representatives. Every member of the house of representatives shall be chosen by ballot ; and for two years at least, next preceding his election, shall have been an inhabitant of this state ; shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a free hold, wherof he is seized in his own right ; shall be at the time of his election an inhabitant of the town, parish or place he may be chosen to represent, shall be of the protes tant religion, and shall cease to represent such town, parish or place, immediately on his ceasing to be qualified as afore said. The members of both houses of the legislature shall be compensated for their services out of the treasury of the state, by a law made for that purpose ; such members attend ing seasonably, and not departing without license. All in termediate vacancies in the house of representatives, may be filled up from time to time, in the same manner as annual elections are made. The house of representatives shall be the grand inquest of the state ; and all impeachments made by them, shall be heard and tried by the senate. _ All money bills shall originate in the house of representa tives ; but the senate may propose, or concur with amend ments, as on other bills. JOURNAL OF CONVENTION. 1 79 The house of representatives shall have power to adjourn themselves, but no longer than two days at a time. A majority of the members of the house of representa tives shall be a quorum for doing business ; but when less than two thirds of the representatives elected shall be pres ent, the assent of two thirds of those members shall be nec essary to render their acts and proceedings valid. No member of the house of representatives or senate, shall be arrested or held to bail on mean process, during his going to, returning from, or attendance upon the court. The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house ; and shall be judge of the returns, elections, and quahfications of its members, as pointed out in this constitution. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behaviour, or by threatening or ill treat ing any of its members ; or by obstructing its deliberations ; every person guilty of a breach of its privileges, in making arrest for debt, or by assaulting any member during his attendance at any session ; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house ; in assaulting any witness or other person, ordered to attend, by, and during his attendance upon* the house ; or in rescuing any person arrested by order of the house, knowing them to be such. — The senate, governor and council, shall have the same powers in like cases : provided, that no imprisonment by either, for any offence, exceed ten days. The journals of the proceedings, and all publick acts of both houses of the legislature, shall be printed and published immediately after every adjournment or prorogation ; and upon motion made by any one member, the yeas and nays upon any question shall be entered upon the journal : And any member of the senate or house of representatives, shall have a right, on motion made at the time for that purpose, to have his protest or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal. *In the original it is attendance ^the house. l80 STATE OF NEW HAMPSHIRE. SENATE. The senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election. And that the state may be equally represented in the senate, the legislature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and unincorporated places ; and in making this division, they shall govern themselves bythe proportion of direct taxes paid by the said districts, and timely make known to the inhabitants of the state the limits of each district. The freeholders and other inhabitants of each district, qualified as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March. The senate shall be the first branch of the legislature ; and the senators shall be chosen in the following manner, viz. every male inhabitant of each town, and parish with town privileges, and places unincorporated, in this state, of twenty- one years of age and upwards, excepting paupers, and per sons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhab itants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member. Provided nevertheless. That no person shall be capable of being elected a senator, who is not of the protestant religion, and seized of a freehold estate in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an in habitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabi tant of the district for which he shall be chosen. And every person, quahfied as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish and plantation, where he dwelleth and hath his home. JOURNAL OF CONVENTION. l8l And the inhabitants of plantations and places unincorpo rated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the sup port of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respec tive towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden annually in the month of March, at such places re spectively therein as the assessors thereof shall direct ; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerk have in their several towns by this constitution. The meeting for the choice of governor, council, and sen ators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators ; and shall, in said meetings, in presence of the said selectmen, and of the town clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person ; and the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up, and di rected to the secretary of the state, with a superscription expressing the purport thereof: And the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, thirty days at least before the first Wednesday of June, or to the secretary of the state at least twenty days before the said first Wednesday of June : and the sheriff of each county, or his deputy, shall deliver all such certificates, by him received, into the secretary's office, at least twenty days before the first Wednesday of June. And that there may be a due meeting of senators on the first Wednesday of June annually, the governor, and a ma jority of the council for the time being, shall as soon as may be, examine the returned copies of such records, and four teen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be chosen sena- 1 82 STATE OF NEW HAMPSHIRE. tors, by a majority of votes, to attend and take their seats on that day. Provided nevertheless. That for the first year the said re turned copies shall be examined by the president, and a ma jority of the council then in office ; and the said president shall in hke manner notify the persons elected, to attend and take their seats accordingly. And in case there shall not appear to be a senator elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner, viz., the members of the house of representatives, and such senators as shall be de clared elected, shall take the names of the two persons hav ing the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district ; and in this manner all such vacancies shall be filled up in every district of the state, and in like manner all va cancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies happen. The senate shall be final judges of the elections, returns and quahfications of their own members, as pointed out in this constitution. The senate shall have power to adjourn themselves, pro vided such adjournment do not exceed two days at a time. Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled on such day, or at such place. The senate shall appoint their president and other officers, and determine their own rules of proceedings : and not less than seven members of the senate shall make a quorum for doing business ; and when less than eight senators shall be present, the assent of five at least, shall be necessary to ren der their acts and proceedings valid. The senate shall be a court, with full power and authority to hear, try and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, mal-practice or mal-administra tion, in office ; with full power to issue summons, or compul sory process, for convening witnesses before them : but pre- JOURNAL OF CONVENTION. 1 83 vious to the trial of any such impeachment, the members of the senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corrup tion, mal-practice or mal-administration in office, shall be served with an attested copy of the impeachment, and order of senate thereon, with such citation as the senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the senate may appoint, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the senate may pro ceed in the hearing of the impeachment, giving the person impeached (if he shall appear) full liberty of producing wit nesses and proofs, and of making his defence, by himself and council, and may also, upon his refusing or neglecting to appear, hear the proofs in support of impeachment, and ren der judgment thereon, his non-appearance notwithstanding ; and such judgments shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however, shall not extend further than re moval from oflSce, disqualification to hold or enjoy any place of honor, trust, or profit, under this state ; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment and punishment, according to the laws of the land. Whenever the governor shall be impeached, the chief jus tice of the supreme judicial court shall, during the trial, pre side in the senate, but have no vote therein. EXECUTIVE POWER. GOVERNOR. There shall be a supreme executive magistrate, who shall be stiled the Governor of the State of New-Hampshire, and whose title shall be His Excellency. The governor shall be chosen annually in the month of March ; and the votes for governor shall be received, sorted, counted, certified, and returned, in the same manner as the votes for senators ; and the secretary shall lay the same be fore the senate and house of representatives, on the first Wednesday of June, to be by them examined, and in case of 1 84 STATE OF NEW HAMPSHIRE. an election by a majority of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the governor shall be the same as those for senators ; and if no person shall have a majority of votes, the senate and house of representatives shall by joint ballofe, elect one of the two persons having the highest number of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall at the same time have an estate of the value of five hundred pounds, one half of which shall consist of a freehold in' his own right within this state, and unless he shall be of the protestant religion. In cases of disagreement between the two houses with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same seven days be fore the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the governor may direct the session to be holden at some other the most convenient place within the state. Every bill which shall have passed both houses of the gen eral court, shall, before it become a law, be presented to the governor ; if he approve, he shall sign it, but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it ; if after such re consideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons, voting for or against the bill, shall be entered on the journal JOURNAL OF CONVENTION. 1 85 of each house respectively. If any bill shall not be returned by the governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law. Every resolve shall be presented to the governor, and be fore the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the senate and house of representatives, according to the rules and limi tations prescribed in the case of a bill. All judicial officers, the attorney general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, unless a majority of the council agree thereto. The governor and council shall have a negative on each other, both in the nominations and appointments. Every nomina tion and appointment shall be signed by the governor and council, and every negative shall be also signed by the gov ernor or council, who made the same. The captains and subalterns in the respective regiments, shall be nominated and recommended by the field officers to the governor, who is to issue their commissions immediately on receipt of such recommendation. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or otherwise, the president of the senate shall, during such vacancy, have and exercise all the powers and authorities which, by this constitution the governor is vested with, when personally present ; but when the president of the senate shall exercise the office of governor, he shall not hold his office in the senate. The governor, with advice of council, shall have full power and authority in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days in any one recess of said court ; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the 1 86 STATE OF NEW HAMPSHIRE. time to which it may be adjourned or prorogued, if the wel fare of the state should require the same. The governor of this state for the time being, shall be commander in chief of the army and navy, and all the mili tary forces of the state, by sea and land ; and shall have full power by himself, or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety of this state, to assemble in martial array, and put in warHke posture the inhabitants thereof, and to lead and con duct them, and with them to encounter, repulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state ; and also to kill, slay, de stroy if necessary, and conquer by all fitting ways, enterprise and means, all and every such person and persons as shall at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment or annoyance of this state ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist as occasion shall necessarily require : and surprise by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering or annoying this state ; and in fine, the governor hereby is entrusted with all other powers incident to the office of captain general and commander in chief and admi ral, to be exercised agreeably to the rules and regulations of the constitution and the laws of the land : provided, that the governor shall not at any time hereafter, by virtue of any power by this constitution granted or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the Hmits of the same, without their free and voluntary consent, or the con sent of the general court, nor grant commissions for exercis ing the law martial in any case, without the advice and con sent of the council. The power of pardoning offences, except such as persons may be convicted of before the senate by impeachment of the house, shall be in the governor, by and with the advice of the* council : but no charter of pardon granted by the *The is omitted in tlie original. JOURNAL 'OF CONVENTION. 1 87 governor with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. No officer duly commissioned to command in the militia shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court-martial, pur suant to the laws of the state for the time being. The commanding officers of the regiments shall appoint their adjutants and quarter-masters ; the brigadiers, their brigade-majors ; the major-generals, their aids ; the captains arid subalterns, their non-commissioned officers. The division of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the mi litia of this state, until the same shall be altered by some fu ture law. No monies shall be issued out of the treasury of this state and disposed of (except such sums as may be appropriated for the redemption of bills of credit, or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary pro tection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. All publick boards, the commissary-general, all superintend ing officers of publick magazines and stores belonging to this state, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially and without requisition, and at other times when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appen dages, and all small arms with their accoutrements, and of all other public property under their care respectively, dis tinguishing the quantity and kind of each, as particularly as may be, together with the condition of such forts and garri sons ; and the commanding officer shall exhibit to the gov ernor, when required by him, true and exact plans of such forts, and of the land and sea, or harbour or harbours adja cent. 1 88 STATE OF NEW HAMPSHIRE. The governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable. Permanent and honorable salaries shall be established by law, for the justices of the superior court. COUNCIL. There shall be annually elected by ballot five counsellors, for advising the governor in the executive part of govern ment. The freeholders and other inhabitants in each coun ty, qualified to vote for senators, shall some time in the month of March, give in their votes for one counsellor ; which votes shall be received, sorted, counted, certified and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday of June. And the person having a majority of votes in any county, shall be considered as duly elected a counsellor ; but if no person shall have a majority of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two, shall elect by joint ballot, the counsellor wanted for such county : and the qualifications for counsellors shall be the same as for senators. If any person thus chosen a counsellor shall be elected governor or member of either branch of the legislature, and shall accept the trust, or if any person elected a counsellor, shall refuse to accept the office, or in case of the death, resignation, or removal of any counsellor out of the state, the governor may issue a precept for the election of a new counsellor in that county where such vacancy shall happen, and the choice shall be in the same manner as before direct ed ; and the governor shall have full power and authority to convene the council, from time to time, at his discretion ; and withthem, or the majority of them, may ^nd shall from time to time hold a council for ordering and directing the affairs of the state according to the laws of the land. The members of the council may be impeached by the house and tried by the senate, for bribery, corruption, mal practice, or mal-administration. JOURNAL OF CONVENTION. 1 89 The resolutions and advice of the council shall be record ed by the secretary in a register, and signed by all the mem bers present agreeing thereto ; and this record may be called for at any time by either house of the legislature ; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion. The legislature may, if the publick good shall hereafter re quire it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable polls and proportion of publick taxes ; each district to elect a counsellor : and in case of such division, the manner of the choice shall be conformable to the present mode of election in counties. And whereas the elections appointed to be made by this constitution on the first Wednesday of June annually by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed ; and the order of the elections shall be as follows : the vacancies in the senate (if any) shall be first filled up ; the governor shall then be elected, pro vided there shall be no choice of him by the people ; and afterwards the two houses shall proceed to fill up the vacan cy (if any) in the council. SECRETARY, TREASURER, COMMISSARY-GENERAL, &C. The secretary, treasurer, and commissary-general, shall be chosen by joint ballot of the senators and representatives assembled in one room. The records of the state shall be kept in the office of the secretary ; and he shall attend the governor and council, the senate and representatives, in person or by deputy, as they may require. The secretary of the state shall at all times have a deputy, to be by him appointed ; for whose conduct in office he shall be responsible : and in case of the death, removal, or ina bility, of 'the secretary, his deputy shall exercise all the du ties of the office of secretary of this state, until another shall be appointed. The secretary before he enters upon the business of his office, shall give bond with sufficient sureties, in a reasonable IQO STATE OF NEW HAMPSHIRE. sum, for the use of the state, for the punctual performance of his trust. COUNTY TREASURER, &C. The county treasurers and registers of deeds, shall be elected by the inhabitants of the several towns, in the sev eral counties in the state, according to the method now practised, and the laws of the State. Provided nevertheless. The legislature shall have authority to alter the manner of certifying the votes and the mode of electing those officers ; but not so as to deprive the people of the right they now have of electing them. And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary; each district to elect a register of deeds : and before they enter upon the business of their offices, shall be respectively sworn faithfully to dis charge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts. JUDICIARY POWER. The tenure that all commissioned officers shall have by law in their offices, shall be expressed in their respective commis sions — all judicial officers duly appointed, commissioned and sworn, shall hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this constitution : Provided nevertheless, the governor,* with consent of counsel, may remove them upon the address of both houses of the legislature. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the superior court, upon important questions of law and upon solemn occasions. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall become void at the expiration of five years from their • This was president in the original. JOURNAL OF CONVENTION. I9I respective dates, and upon the expiration of any commission the same may if necessary be renewed, or another person appointed, as shall most conduce to the well being of the State. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court until the legislature shall by law make other provision. The general court are empowered to give to justices of the peace, jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned ; but with right of appeal to either party, to some other court, so that a trial by jury in the last resort may be had. No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years. No judge of any court, or justice of the peace, shall act as attorney, or be of counsel to any party, or originate any civil suit in matters which shall come, or be brought before him as judge, or justice of the peace. All matters relating to the probate of wills and granting letters of administration, shall be exercised by the judges of probate in such manner as the legislature have directed, or may hereafter direct ; and the judges of probate shall hold their courts at such place or places, on such fixed days, as the conveniency of the people may require, and the legisla ture from time to time appoint. No judge, or register of probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of whicli he is judge or register. CLERKS OF COURT. The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their office during pleasure : and no such clerk shall act as an attorney, or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action. 192 STATE OF NEW HAMPSHIRE. ENCOURAGEMENT OF LITERATURE, &c. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government ; and spreading the opportunities and advan tages of education through the various parts of the country, being highly conducive to promote this end ; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and publick schools ; to en courage private and publick institutions, rewards and immu nities for the promotion of agriculture, arts, sciences, com merce, trades, manufactures, and natural history of the country ; to countenance and inculcate the principles of hu manity and general benevolence, publick and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people. OATH AND SUBSCRIPTIONS ; EXCLUSION FROM OFFICES ; COMMISSIONS ; ¦WRITS ; CONFIRMATION OF LA'WS ; HABEAS CORPUS ; THE ENACTING STILE ; CONTINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVI SION OF THE CONSTITUTION, &C. ; Any person chosen governor, counsellor, senator, or rep resentative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following decla ration, viz. I, A. B., do solemnly swear, that I will bear faith and true allegiance to the State of New-Hampshire, and will support the constitution thereof. So help me God. I, A. B., do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this constitution, and the laws of the State of New-Hampshire. So help me God. Any person having taken and subscribed the oath of alle giance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again. Provided ahvays, When any person chosen or appointed as aforesaid, shall be of the denomination called quakers, or JOURNAL OF CONVENTION. 1 93 shall be scrupulous of swearing, and shall decline taking the said oaths, such persons shall take and subscribe them, omit ting the word swear, and likewise the words so help me God, subjoining instead thereof, this I do under the pains and pen alties of perjury. And the oaths or affirmations shall be taken and subscrib ed by the governor, before the president of the senate, in presence of both houses of the legislature, and by the sena tors and representatives first elected under this constitution, as altered and amended, before the president of the state, and a majority of the council then in office, and forever af terwards before the governor and council for the time being ; and by all other officers, before such persons and in such manner as the legislature shall from time to time appoint. All commissions shall be in the name of the State of New- Hampshire, signed by the governor and attested by the sec retary, or his deputy, and shall have the great seal of the state affixed thereto. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the State of New- Hampshire; shall be under the seal of the court whence they issue, and bear test of the chief, first, or senior justice of the court; but when such 'justice shall be interested, then the writ shall bear test of some other justice of the court to which the same shall be returnable ; and be signed by the clerk of such court. All indictments, presentments, and informations, shall conclude, against the peace and dignity of the state. The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner as if such persons had died in a natural way ; nor shall any article which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfor tune. All the laws which have heretofore been adopted, used and approved, in the province, colony, or State of New-Hamp shire, and usually practised on in the courts of law, shall remain and be in full force until altered and repealed by the legislature ; such parts thereof only excepted, as are repug- 1 94 STATE OF NEW HAMPSHIRE. nant to the rights and liberties contained in this constitu tion ; provided that nothing herein contained, when com pared with the 23d article in the bill of rights, shall be con strued to affect the laws already made respecting the per sons, or estates, of absentees. The privilege and benefit of the habeas corpus, shall be enjoyed in this state, in the most free, easy, cheap, expedi tious, and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occa sions, and for a time not exceeding three months. The enacting stile in making and passing acts, statutes, and laws, shall be — Be it enacted by the senate and house of representatives, in general court convened. No governor, or judge of the supreme judicial court shall hold any office or place under the authority of this state, ex cept such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the office* of justice of the peace throughout the state ; nor shall they hold any place or office, or receive any pension or salary, from any other state, government, or power whatever. No person shall be capable of exercising at the same time more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds ; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts ; mil itary offices and offices of justices of the peace excepted. No person holding the office of judge of any court (except special judges,) secretary, treasurer of the state, attorney- general, commissary-general, military officers receiving pay from the continent of this state (excepting officers of the militia, occasionally called forth on an emergency) register of deeds, sheriff, or officers of the customs, including naval officers, collectors of excise and state and continental taxes, hereafter appointed and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of congress, or any person holding any office under the United States, shall at the same time hold the office of governor, or have a seat in the senate, * In the original, ofjfices. JOURNAL OF CONVENTION. Ig5 or house of representatives, or council ; but his being chosen and appointed to, and accepting the same, shall operate as a resignation of their seat in the chair, senate, or house of representatives, or council ; and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or house of representatives. No person shall ever be admitted to hold a seat in the leg islature, or any office of trust or importance, under this gov ernment, who in the due course of law has been convicted of bribery or corruption in obtaining an election or appoint ment. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. To the end that there may be no failure of justice, or dan ger to the state by the alterations and amendments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the alterations and amend ments shall take effect, and make the necessary arrange ments accordingly.* It shall be the duty of the selectmen and assessors, of the several towns and places in this state, in warning the first annual meetings for the choice of senators, after the expira tion of seven years from the adoption of this constitution as amended, to insert expressly in the warrant, this purpose among the others for the meeting, to wit, to take the sense of the qualified voters on the subject of a revision of the con stitution ; and the meeting being warned accordingly (and not otherwise) the moderator shall take the sense of the qual ified voters present, as to the necessity of a revision ; and a return of the number of votes for and against such necessity, shall be made by the clerk, sealed up and directed to the general court, at their then next session ; and if it shall ap pear to the general court by such return, that the sense of the people of the state has been taken, and that in the opin ion of the majority of the qualified voters in the state, pres ent and voting at said meetings, there is a necessity for a revision of the constitution, it shall be the duty of the gen eral court to call a convention . for that purpose, otherwise the general court shall direct the sense of the people to be * See Act of 14th Dec, 1792. 196 STATE OF NEW HAMPSHIRE. taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner, and propor tioned as the representatives to the general court ; provided that no alterations shall be made in this constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present and voting on the subject. And the same methods of taking the sense of the people, as to a revision of the constitution, and calling a convention for that purpose, shall be observed afterwards, at the expira tion of every seven years. This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land : and printed copies thereof shall be pre fixed to the books containing the laws of this state, in all future editions thereof. THE CONTROYEKSY BETWEEK NEW HAMPSHIRE, NEW YORK, AND VERMONT, BELATING TO THE "NEW HAMPSHIRE GRANTS" (so CALLED) FROM 1749 TO 1791; INCLUDING THE TROUBLES IN BORDER TOWNS ON BOTH SIDES OF THE CONNECTICUT RIVER. [Pages in the margin correspond with the originals on file, of New Hampshire papers.] NOTES BY THE EDITOR. The several papers and documents 'which follow in this volume, relat ing to the great controversy in which New Hampshire 'was involved, with New York and 'Vermont, through a period of more than forty years, were chiefly copied from a manuscript volume in the office of the Secre tary of State, N. H., as they were filed and arranged by the late John Farmer, Esq., under authority of the legislature. The order in which these papers were arranged has ordinarily been followed by the editor. They have never before been published, by authority.* Other official papers and documents, from New York and 'Vermont, have been intro duced, as judged expedient, to elucidate or confirm our own ; or to form connecting links in the history, which otherwise might be obscure. The editor has also added notes and marginal references as helpful to readers. It is well to bear in mind that these papers and documents are on the New Hampshire side ofthe controversy ; and that a full, authentic, and complete history of the affair can be gathered only from like papers and documents which belong to the other states involved. The New York documents are mostly published, it is believed, in the Colonial Documentary History of that state — now in our state library^ — and may be found by reference to the General Index, under the head of "New Hampshire" and "New Hampshire Grants," &c. The 'Vermont papers are very copious, and may be found in Slade's "Vermont State Papers, 1823 ; in Records of Governor & Council, Ver., vols. I and II ; in Coll. of Ver. Hist. Soc, vols. I and II ; and in current histories of Vermont, by Samuel 'Williams, d. d., Hiland Hall, and Benjamin H. Hall. In order to give distinctness, and to mark the progress of the long controversy in which New Hampshire was involved, in relation to the abovesaid Grants ; and also to the troubles and conflicts on border towns lying east and west of Connecticut river, the editor has thought proper to arrange the documents relating to these several matters, as they oc curred, under distinct Sections, as in the following pages. *The late Capt. Wm. F. Goodwin made a copy of these papers, privately, in full or in part, and they were printed in successive numbers of the Historical Magazine, 1872, pub lished by Henry B. Dawson, Morrisania, N. Y. — Ed. SECTION I. Controversy with New York in Relation to Bound aries. CORRESPONDENCE. [Copied from Vermont State Papers, by William Slade, jun., 1823, pp. 10-17.] [Note. The Correspondence at this time between the governors of New Hampshire and New York was had with a view of ascertaining and settling the western line of jurisdiction of the province of New Hamp shire. — y. Farmer.] Letter from Gov. Benning Wentworth to the Governor of New York. Portsmouth, Nov. 17, 1749. Sir — I have it in command from his Majesty, to make grants of the unimproved lands within my government, to such of the inhabitants and others as shall apply for grants for the same, as will oblige themselves to settle and improve, agree able to his Majesty's Instructions. The war hitherto has prevented me from making so great a progress as I hoped for, on my first appointment ; but as there is a prospect of a lasting peace with the Indians, in which your Excellency has had a great share, people are daily applying for grants of land in all quarters of this gov ernment, and particularly some for townships to be laid out in the western part thereof, which will fall in the neighbor hood of your government. I think it my duty to apprise you thereof, and to transmit to your Excellency the descrip tion of New Hampshire, as the King has determined it in the words of my commission ; which, after you have con sidered, I shall be glad you will be pleased to give me your 200 NEW HAMPSHIRE GRANTS. sentiments in what manner it will affect the grants made by you or preceding Governors ; it being my intention to avoid, as much as I can, consistent with his Majesty s in structions, interfering with your government. In consequence of His Majesty's determination of the boundaries between New Hampshire and Massachusetts, a surveyor and proper chainmen were appointed to run the western line from three miles north of Patucket Falls ; and the surveyor, upon oath, has declared that it strikes Hud son's River about eighty poles north of where Mohawk's River comes into Hudson's River, which I presume is north of the city of Albany ; for which reason it will be necessary for me to be informed, how far north of Albany the govern ment of New York extends by His Majesty's commission to your Excellency, and how many miles to the eastward of Hudson's River, to the northward of the Massa.chusetts line, that I may govern myself accordingly. And if, in the execution of the King's commands with respect to the lands, I can oblige any of your Excellency's friends, I am always at your service. 1 am, with the greatest respect. Sir, your Excellency's most obedient humble servant. B. Wentworth. Minutes of the Council of New York. Council Chamber, City of New York, April 3d, 1750. His Excellency communicated to the Board a letter from the Hon. Benning Wentworth, Esq. Governor of New Hampshire, dated the 17th November last, acquaint ing his Excellency, that he has it in command from his Majesty, to make grants of the unimproved lands in New Hampshire government, and therefore desiring information, how far north of Albany this Province extends, and how many miles to the eastward of Hudson's River, to the north ward of the Massachusetts line, that he may govern himself accordingly. Also an extract of his Majesty's letters patent to Governor Wentworth respecting the boundaries of New Hampshire.* And his Excellency having required the ad vice of the Board thereupon, the council humbly advised. his Excellency to acquaint Governor Wentworth, in answer to his said letter, that this province is bounded eastward by *See Commission of Gov. B. Wentworth, Prov. Pap., Vol. VI, pp. 908, 909. — Ed. controversy with new YORK. 201 Connecticut River; the letters patent from King Charles II. to the Duke of York, expressly granting 'all the lands from the west side of Connecticut River to the east side of Delaware Bay.' N. B. The above resolve was communicated to Governor Wentworth in a letter, dated April g^, 1750, by G. Clinton, Governor of New York.* Letter from Gov. Benning Wentworth to Gov. George Clinton. Portsmouth, April 25, 1750. Sir — I have the honour of your Excellency's letter of the (^ instant before me, in which you are pleased to give me the opinion of his Majesty's Council of your government, that Connecticut River is the eastern boundary of New York government ; — which would have been entirely satisfactory to me on the subject of my letter, had not the two charter governments of Connecticut and Massachusetts-Bay extend ed their bounds many miles to the westward of said river ; and it being the opinion of his Majesty's Council of this government, whose advice I am to take on these occasions, that New Hampshire had an equal right to claim the same extent of western boundaries with those charter govern ments : I had, in consequence of their advice, before your letter came to my hands, granted one township due north of the Massachusetts line, of the contents of six miles square, and by measurement twenty-four miles east of the city of Albany ; presuming that this government was bounded by the same north and south line with Connecti cut and the Massachusetts-Bay, before it met with his Majesty's other governments. Although I am prohibited by his Majesty's commission to interfere with his other governments, yet it is presumed that I should strictly ad here to the limits prescribed therein ; and I assure you that I am very far from desiring to make the least encroachment or set on foot any dispute on these points. It will therefore give me great satisfaction, if at your leisure, you can inform * George Clinton, governor of the province of New York at this time, received his appoint ment in 1743. He was the youngest son of Francis Clinton, the Earl of Lincoln. His admin istration, attended with much turbulence, continued ten years, or till Oct., 1753. — Ed. 202 NEW HAMPSHIRE GRANTS. me, by what authority Connecticut and the Massachusetts governments claimed so far to the westward as they have settled ; and in the mean time I shall desist from making any further grants on the western frontier of my govern ment, that may have the least probability of interfering with your government. 1 am, with great respect, Sir, your Excellency's most obedient humble servant. B. Wentworth. Letter from Gov. Clinton to Gov. Wentworth. June 6*^ 1750. Sir — I have received your letter of the 25"^ April last, in answer to mine of the 9*^ of the same month, respecting the eastern boundary of this province, wherein you desire to be informed by what authority Connecticut and the Massachusetts governments claim so far to the westward as they have settled. As to Connecticut, their claim is founded upon an agree ment with this government, in or about the year 1684, afterwards confirmed by King William, in consequence of which the lines between the two governments were run, and the boundaries marked in the year 1725, as appears by the commissioners and surveyors proceedings, of record here. But it is presumed the Massachusetts government, at first, possessed themselves of those lands by intrusion, and through the negligence of this government have hither to continued their possession, the lands not being private property. From the information I have, there is reason to appre hend that the lands within the township you have lately granted, or part of them, have been granted here : And as my answer to your letter might probably have furnished you with objections against any grant which might interfere with this province, I am surprised you did not wait till it came to hand, before you proceeded therein. If it is still in your power to recall the grant, your doing so will be but a piece of justice to this government : otherwise I shall think myself obliged to send a representation of the matter to be laid before his Majesty. I am, &c., CONTROVERSY WITH NEW YORK. 203 Letterfrom Gov. Wentworth to Gov. Clinton. Portsmouth, June 22'^, 1750. Sir — As soon as your letter of the 6"^ inst. came to my hands, I thought it proper to have the sense of his Majesty's Council thereon, who were unanimously of the opinion, not to commence a dispute with your Excellency's government respecting the extent of the western boundary to New Hampshire, until his Majesty's pleasure should be further known ; accordingly the council have advised, that I shall, on the part of New Hampshire, make a representation of the matter to his Majesty, relying that your Excellency will do the same on the part of New York ; and that whatever shall be determined thereon, this government will esteem it their duty to acquiesce in, without any farther dispute, which I am hoping will be satisfactory on that point. When I first wrote you on this subject, I thought I had given sufficient time to receive an answer to my letter, be fore I had fixed the day for passing the grant referred to in your letter ; and as the persons concerned therein lived at a great distance, it was inconvenient for them to be delayed beyond the appointed time : I was not apprehensive any difficulty could arise by confining myself to the western boundaries of the two charter-governments ; accordingly I passed the patent about ten days before your favor of the 9*'' of April, 1750, came to hand. There is no possibility of vacating the grant as you desire ; but if it falls by his Majesty's determination in the government of New York, it will be void of course. I shall be glad the method I have proposed may be agreeable to your province ; and if sub mitting the affair to his Majesty meets with your approba tion, I shall, upon receiving an answer, lose no time in transmitting what concerns this province to the proper offices. I am with the greatest respect, Sir, your Excellency's most obedient humble servant. B. Wentworth. Letterfrom Gov. Clinton to Gov. Wentworth. New York, July 2S*^ 1750. Sir — I have taken the sense of his Majesty's Council on your 204 NEW HAMPSHIRE GRANTS. Excellency's letter of the 22'* ult. respecting the extent of the western boundary of your government, who think it highly expedient I should lay before his Majesty a repre sentation of the matter on the part of this province ; and as you propose to do the like on the part of New Hampshire, they are of opinion it will be for the mutual advantage of both governments, if we exchange copies of each others representation on this head. If you approve of this, I will send you a copy of mine accordingly. I am, &c. [Note. Notwithstanding the interfering claim of the province of New York, Governor Wentworth continued to make further grants west of the Connecticut river, as appears by the following list of grants made up to the year 1764 inclusive, viz. :]* Names of Townships. Date ofthe Grants. Bennington Jan. 3, 1749 Halifax ; May n, 1750 Marlborough, now New Marlborough J April 19, 1751 " " Regranted ) April 17, 1764 Draper, formerly Wilmington \ April 29, 17JI " " Regranted ^ June 17,1763 Westminster .Nov. 9, 1752 Rockingham Dec. 28, 1752 Woodford Mar. 6, 1753 New Stampford, formerly Stampford Mar. 6, 1753 Townsend June 20, 1753 Hinsdale ; . . Sept. S. I7S3 Brattleborough Dec. 26, 1753 Fulham Dec. 26, 1753 Putney ¦ Dec. 26, 1753 Hampstead, alias Chester. .' < Feb. 22, 1754 " " Regranted ^ Nov. 3,1761 Guilford April 2, 1764 Thomlinson c April 6, 1754 Regranted 1 Sept. 1,1763 PownaU Jan. 8, 1760 Hartford July 4, 1761 Norwich July 4, 1761 Saltash July 6, 1761 Reading July 6, 1761 Windsor July 6, 1761 Killmgton July 7, 1761 Pomfret July 8, 1761 Hertford July 10, 1761 Woodstock July 10, 1761 Bridgewater July 10, 1761 "grnard July 17, 1761 V^J*"!,"^' ^^^^ ^"^^ '^ copied from Slade's " State Papers " on the controversy with New York, &c.,— pp. 13-16,— and is believed to be correct.— Ed. CONTROVERSY WITH NEW YORK. 20S Names of Townships- Date ofthe Grants. Stockbridge July 21, 1761 Arlington July 28, 1761 Sunderland July 29, 1761 Manchester Aug. 11, 1761 Sandgate Aug. 11, 1761 Thetford Aug. 12, 1761 Strafford Aug. 12, 1761 Sharon Aug. 17, 1761 Springfield Aug. 20, 1761 Weathersfield Aug. 20, 1761 Dorset Aug. 20, 1761 Rupert Aug. 20, 1761 Shaftsbury Aug. 20, 1761 Glassenburg Aug. 20, 1761 Pawlet Aug. 26, 1761 Danby Aug. 27, 1761 Harwicke Aug. 28, 1761 Tunbridge Sept. 3, 1761 Shrewsbury Sept. 4, 1761 Clarendon Sept. 5, 1761 Rutland Sept. 7, 1761 Fairley Sept. 9, 1761 Tinmouth Sept. 15, 1761 Winhall Sept. 15, 1761 Wells Sept. 15, 1761 Ludlow Sept. 16, 1761 Poultney Sept. 21, 1761 Castleton Sept. 22, 1761 Shoreham Oct. 8, 1761 Bredport Oct. 9, 1761 Guildhall Oct. 10, 1761 Granby Oct. 10, 1761 Cavendish Oct. 12, 1761 Maidstone Oct. 12, 1761 Ferdinand Oct. 13, 1761 Brunswick Oct. 13, 1761 Winlock Oct. 13, 1761 Bromley Oct. 13, 1761 Andover Oct. 13, 1761 Addison Oct. 14, 1761 Cornwall Oct. 14, 1761 Leicester Oct. 26, 1761 Middleborough Nov. 2, 1761 New Haven Nov. 2, 1761 Salisbury Nov. 3, 1761 Weybridge Nov. 3, 1761 Fane, now New-Fane Nov. 3, 1761 Wallingford Nov. 27, 1761 Hindsborough June 21, 1762 Ferisbourg June 24, 1762 Monckton June 24, 1762 Charlotte June 24, 1762 Pocock June 26, 1762 206 NEW HAMPSHIRE GRANTS. Names of Townships. -Oi^' ofthe Grants. Minehead June 29, 1762 Lewis June 29, 1762 Lemington June 29, 1762 Averill June 29, 1762 Neshobe Oct. 20, 1762 Newbury May 18, 1763 Colchester June 7, 1763 (Name obliterated) June 7, 1763 Bolton June 7, 1763 Waterbury June 7, 1763 Burlington June 7, 1763 Williston June 7, 1763 New Huntington June 7, 1763 Duxbury June 7, 1763 Moreton June 7, 1763 Berlin June 7, 1763 Jericho June 8, 1763 Middlesex , June 8, 1763 Milton June 8, 1763 Westford June 8, 1763 Underhill June 8, 1763 Mansfield June 8, 1763 Stow June 8, 1763 Worster June 8, 1763 Topsham June 17, 1763 Lunenburgh July 5, 1763 Sudbury Aug. 6, 1763 Whiting Aug. 6, 1763 Orwell Aug. 8, 1763 St. Albans Aug. 17, 1763 Swanton Aug. 17, 1763 Highgate Aug. 17, 1763 Georgia Aug. 17, 1763 Fairfax Aug. 18, 1763 Fairfield Aug. 18, 1763 Smithfield Aug. 18, 1763 Hungerford , Aug. 18, 1763 St. George Aug. 18, 1763 Shelburne Aug. 18, 1763 Ryegate Sept. 8, 1763 Barnet Sept. 16, 1763 Peacham Dec. 31, 1763 Corinth Feb. 4, 1764 Dunbar June 15, 1764 Hubberton June 15, 1764 Pittsford June 15, 1764 Panton Nov. 3, 1764 Lintfield Aug. 4, 1763 CONTROVERSY WITH NEW YORK. 20/ Grants -were also made to the following ofiicers, agreeable to his Majesty's Proclamation ofthe 7* October, 1763: Capt. Rob. Rogers 3000 Acres July 4, 1764 Lieut. Jas. Tate 2000 July 4, 1764 Lieut. P. Brown 2000 July 4, 1764 Lieut. Step. Holland 2000 July 4, 1764 Lieut. And. Philips 2000 Aug. 1 1 , 1764 Capt. Nath. Whiting 3000 To arrest the proceedings of New Hampshire, Mr. Colden, Lieuten ant Governor of New York, on the 28* of December, 1763, issued a Proclamation, "commanding the sheriff of the County of Albany to make a return of the names of all persons who had taken possession of lands under New Hampshire Grants ; and claiming jurisdiction as far east as Connecticut river," by virtue of a grant to the Duke of York ; — of which Grant the following is an extract [as given in the " Slade State Papers," pp. 16, 17] : CHARLES the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To all to whom these presents shall come, greeting: Know ye, that we, for divers good causes and considerations, have, of our especial grace, cer tain knowledge and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto our dearest brother, James, Duke of York, his heirs and assigns, all that part of the main land of New England, beginning at a certain place, called or known by the name of St. Croix, next adjoining to New Scot land, in America, and from thence extending along the Sea-coast, unto a certain place called Petuaguine or Pemaquid, and so up the river thereof to the furtherest head of the same, as it tendeth northwards ; and extending from the river of Kinebeque, and so upwards, by the shortest course of the river Canada, northwards : And all that island or islands, commonly called by the several name or names of Matowacks ox Long Island, situate and being towards the west of Cape Cod, and the Narrow Highgansetts, abutting upon the main land, between the two rivers there, called or known by the several names of Connecticut and Hudson's River, together with the said River, called Hudsofi's, and all the lands from the west side of Connecticut river, to the east side oi Delaware Bay; and also, all those several Islands, called or known by the names of Martin's Vineyard, and Nantuckes, otherways Nan tucket ; together with all, &c. Dated the twenty-ninth day of June, in the twenty-sixth year of the reign of King Charles the Second." [Note. Upon the issue of the abovesaid proclamation and claim of territory, by virtue of said grant to the Duke of York, Gov. Benning Wentworth, of New Hampshire, sent forth a proclamation designed to counteract the influence of the former, and to inspire the grantees of the new townships with confidence in the validity of their grants. — Ed.] 208 NEW HAMPSHIRE GRANTS. [p. 21.] By His Excellency BENNING WENTWORTH, Esq., Captain-General, Governour and Commander in Chief of His Majesty's Province of New Hampshire, in New England, &c. A PROCLAMATION. Whereas His Honor Cadwallader Colden, Esq. Lieu tenant Governor and Commander in Chief of His Majesty's Province of New York, hath lately issued a Proclamation, of a very extraordinary Nature, setting forth, that King Charles the Second, on the 12* day of March 1663-4, and the 29*'' of June, 1674, did by his several Letters Patent of those Dates, grant in Fee to his Brother, the Duke of York, among other things, all the land from the West side of Con necticut River to the East side of Delaware Bay : arid there in also sets forth, or Describes the Bounds of New Hamp shire ; in which Description there is a very material Mis take ; besides, there is omitted the Fact, on which the de scription of New Hampshire depended, viz. His Majesty's determination of the Northern and Western Boundaries of the Province of the Massachusetts Bay in 1739: And noth ing can be more evident, than that New Hampshire may legally extend her Western boundary as far as the Massa chusetts Claim reaches, and she claims no more ; — But New York pretends to claim even to the Banks of Connecticut River, although she never laid out and settled one Town in that part of His Majesty's Lands, since she existed as a Government. When New York Government extends her Eastern boun dary to the Banks of Connecticut River, between New York and the Colony of Connecticut ; and to the Banks of said River between New York and the Province of the Massa chusetts Bay, it would have been full early for New York to declare that the Government of New Hampshire was fully apprised of the Right of New York, under the before recit ed Letters Patent to the Duke of York. In virtue of the final Determination of the Boundary Lines settled by his late Majesty between this Government and the Massachusetts Bay, all the Lands capable of Settle ments have been erected into Townships agreeable to His Majesty's commands, and a considerable revenue is daily controversy with new YORK. 2O9 arising to the Crown, unless interrupted and impaired by His Honor's Proclamation, which New Hampshire will not be answerable for. At present the Boundaries of New York to the North ward are unknown ; and as soon as it shall be His Majes ty's Pleasure to determine them. New Hampshire will pay a ready and cheerful Obedience thearunto ; not doubting but that all grants made by New Hampshire, that are ful filled by the grantees, will be confirmed to them, if it should be His Majesty's Pleasure to alter the Jurisdiction. For Political Reasons, the claim to Jurisdiction by New York, might have been deferred, as well as the strict In junction on the civil power, to exercise Jurisdiction in their respective Functions, as far as the Eastern Banks of Con necticut River. The said Proclamation carrying an Air of Government in it, may possibly affect and retard the settlement of His Majesty's Lands, granted by this Government; For pre venting an injury to the Crown of this kind, and to remove all Doubts that may arise to Persons holding the King's Grants, they may be assured, that the Patent to the Duke of York is obsolete, — and cannot convey any certain Bound ary to New York, that can be claimed as a boundary, as plainly appears by the several boundary lines of the Jersies on the West, and the Colony of Connecticut on the East, which are set forth in the Proclamation, as Part only of the Land included in the said Patent to the Duke of York. To the End therefore, that the grantees now settled, and settling on those Lands, under his late, and present Majes ty's Charters, may not be intimidated, or any way hindered or obstructed in 'the improvement of the Lands so granted ; as well as to ascertain the Right, and maintain the Jurisdic tion of his Majesty's Government of New Hampshire, as far Westward, as to include the grants made ; I have thought fit, by and with the advice of His Majesty's Coun cil, to issue this Proclamation, hereby encouraging the sev eral grantees, claiming under this Government, to be indus trious in clearing and cultivating their Lands, agreeable to their respective grants. And I do hereby require and command all civil officers, within this Province, of what Quality soever, as well those that are not, as those that are inhabitants on the said Lands to continue and be diligent in exercising Jurisdiction in 14 2IO NEW HAMPSHIRE GRANTS. their respective offices, as far Westward as grants of Land have been made by this Government ; and to deal with any Person or Persons, that may presume to interrupt the In habitants or settlers on said Lands, as to Law and Jus tice doth appertain, the pretended Right of Jurisdiction mentioned in the aforesaid Proclamation, notwithstanding. Given at the Council Chamber in Portsmouth, the i^ik Day of March, 1764, and in the fourth Year of His Majes ty's Reign. _^^ B. WENTWORTH. By His Excellency's Command, with Advice of Council. T. Atkinson, jun. Secretary. GOD SAVE THE KING. Letter from Cadwallader Colden, of New York, to Benning Wentworth. [p. 23.] New York, May xf", 1765. " Sr— I have the Favour of yours of the 26**' of last month, soon after I received his Majesty's order in Council for determin ing the Boundary between this Province and New Hamp shire. I gave directions to the Attorney General to forbear any further Prosecutions you mentioned in your Letter; of which, I doubt not, you have rec'"^ an ace' from Home be fore this Time. It gives me pleasure to have done a thing so agreeable to you before your Desire was made known to me. I am with great Truth & regard Your most obedient humble serv* Cadwallader Colden. His Excellency Benning Wentworth, Esq. (Copy.) rec"* 22* May 1765. [Note. It will serve to throw light on the controversy which the foregoing correspondence opened, to introduce at this point a represen tation of the case made to the Lords of Trade in England by Lieut.-Gov. Colden, under date of January 20, 1764. — Ed.] controversy WITH NEW YORK. 211 [Copied from Doc. Col. Hist., New York, vol. VII, pp. 595-598-] New York, 20 January, 1764. My Lords — The dispute subsisting between this, and his Majesty's Govern' of New Hampshire, respecting their boundary, obliges me to lay the State of this matter before your LordP"^. In April, 1750, Gov Clinton communicated to the Council a letter of the 17"' Nov from Mr. Wentworth Gov of New Hampshire, represent ing that he had it in command from His Maj'y to make grants of the unimproved lands in New Hampshire, and desiring information how far north of Albany this Province extended, and how many miles to the Eastward of Hudson's river, to the northward of the Massachusetts line, that he might govern himself accordingly — As also an extract of his Maj'y'» Commission to Mr. Wentworth describing the boundaries of that Govern'. By the advice of the Council, Mr. Clinton informed Mr. Wentworth, in answer to his request, that this Province is bounded Eastward by Connecticut River, the letters Patent from King Cha» the Second to the Duke of York expressly granting " all the lands from the west side of Connecticut River, to the East side of the Delaware Bay." Mr. Wentworth in answer of the 25"^ April, says, that he had com municated to His Majesty's Council of that Govern' the above opinion of the Council of this Province, which he declares would have been sat isfactory, had not the two Charter Govern'' of Connecticut and Massa chusetts Bay, extended their bounds many miles to the westward of Connecticut River; and desires to be informed, by what authority Con necticut and the Massachusetts Govern'' claimed so far to the westward as they had settled, & acquainted Gov Clinton, that before the receipt of his letter of the 9"^ of April, he had granted a township due north of the Massachusetts line, of the contents of six miles square, and by measurement twenty-four miles east of 4he City of Albany. Upon Gov Clinton's laying this letter before the Council, they advised him to in form Gov 'Wentworth, that the claim of the Gov of Connecticut is founded upon an agreement with that of New York in the year 1683, af terwards confirmed by King William. But that as to the Massachusetts Settlements, so far to the westward, it was presumed they were first made by intrusion, and since continued thro' the neglect of this govern'. And that it was probable the lands within the township he had lately granted, or some part of them, had been already granted by the Govern' of New York. In July 1750, Mr. Wentworth's letter ofthe 22'* June preceeding, was laid before the Council ; declaring, that his Maj'y'' Council of that ProV were unanimously of opinion not to commence a dispute with this Govern' respecting the extent of western Boundary to New Hampshire, until His Majesty's pleasure should be further known ; and accordingly the Council had advised that he should on the part of New Hampshire, make a representation of the matter to His Majesty, relying that Mr. Clinton would do the same on the part of New York. To which pro posal this Govern' agreed, adding, that it would be a measure for the mutual advantage of both provinces, that the copies of the respective representations to be made to his Majesty on this head should be ex changed. On the 2"* September Mr. Wentworth signified the Assent of his Govern' to the last mentioned proposal as it might contribute to the 212 NEW HAMPSHIRE GRANTS. speedy settlement of the boundary between the two provinces, and assured M"' Clinton, that he would transmit to him, a copy of the rep resentation he should make in behalf of New Hampshire, as soon as perfected. I find the representation on the Part of New York was not approved of by the Council, until the 18"' Ocf 1751, when it was entered on the minutes, together with a letter of mine on the same subject. But before this period, Mr. Wentworth had in his letter to the Board of Trade, of the 23'^ March, 1750, suggested to their Lord"?' what he thought proper to urge on this subject, in behalf of his own Govern', without transmitting any copy thereof to Gov Clinton. Thus the matter rested, according to my information, until the incur sions of the Indians into this Province, immediately preceeding the late War, put an entire stop to any new settlements, and rendered both Govern" less solicitous to bring this controversy to an issue. The Govern' of New York, confiding that New Hampshire, after what had passed, would not venture to make any further grants, until his Majesty should be pleased to determine the limits between his two Provinces, as such Grants, where they might interfere with those of New York, must be considered as a mere nullity. But how great was the surprise of this Govern', when they lately dis covered that New Hampshire had, since the transactions above recited, granted upwards of thirty, some affirm one hundred and sixty townships, each of six miles square, westward of Connecticut River ; a fact which had probably been still concealed from the knowledge of this Govern', had not the grantees or persons employed by them, travelled thro' all parts of this and the neighboring province of New Jersey, puplickly of fering the lands for sale, at such low rates as evince the claimants had no intention of becoming settlers, either from inability, or conscious they could derive no title to the lands under the grants of New Hampshire. To prevent therefore the further progress of this mischief, by inform ing the people of the true state of the claim of the two Provinces, His Majesty's Council unanimously advise me to issue a Proclamation, as serting the ancient jurisdiction of this Province to Connecticut River, a copy whereof I have the honor to inclose to your LordPi". The Claim of the Govern' of New Hampshire to within twenty miles east of Hudson's River, being founded solely on the example of Con necticut and the Massachusetts Bay, it will be necessary to consider the right of those two Govern" to that Boundary : — The limits of Connecticut were settled by agreement with this prov ince confirmed by the Crown, and tho' the possession and claim of the Dutch, might have been offered as an argument to confine the limits of that Colony to the River Connecticut ; yet as the Tract might thereby have been rendered too inconsiderable for the establishment of a Col ony, and the people had so early extended their settlements Westward of the River, these considerations probably were the motives which in duced the Govern' of New York, first in 1664, and afterwards in 1683, to yield to Connecticut the Lands westward, to the distance of about twenty miles of Hudson's River. But no agreement or settlement of Boundaries can be alleged on the part of Massachusetts Bay. The Dutch, at the time of the Massachu setts first grant, possessed this Province then called New Netherlands, extended their claims between the two Rivers Delaware and Connecti- CONTROVERSY WITH NEW YORK. 213 cut ; and had long before the English approached the last mentioned River, a Fort, called Fort Hope, on the western Banks, near where the Town of Hertford now stands — these facts were well known at the time, and therefore in the grant to the Council of Plymouth in 1620, of the lands within the 34"' and 48"' degrees of North latitude, on which the claim of Massachusetts Bay and Connecticut was originally founded, all lands which were held or possessed by any other Christian Prince or State, are expressly saved and excepted — hence it appears that the grant to the Duke of York in i66| of the lands Westward of Connecti cut River, was entirely grounded on an opinion, that the Crown had an absolute right to those lands, notwithstanding the claim of the New England Colonies, and that this grant which immediately preceeded the conquest of this Province from the Dutch, was intended to include all the lands -which the Dutch held here. I have not till lately seen an extract of a Report of the Commis sioners appointed by the Crown in 1664, to visit the New England Govern'', who declare, they find the limits of Massachusetts Bay to be Seconnet Brook on the south-west, and Merimack River on the North East, and two right lines drawn from each of those two places till they come within twenty miles of Hudson's River. Nor an extract of a letter from Coll. Nichols Gov of New York, in which, speaking of the agreement made with Connecticut he says : " This determination was a leading case of equal justice and of great " good consequence in all the Colonies ; and therefore we were assured " would be an acceptable service to your Royal highness, tliough to the " diminution of your bounds, so that to the East of New 'York and " Hudson's River, nothing considerable remains to your Royal High- " ness, except Long Island, and about twenty miles from any part of " Hudson's River. I look therefore upon all the rest as empty names, " and places possessed forty years by former grants, and of no conse- " quence to your Royal Highness, except all New England could be " brought to submit to your Royal Highness' Patent " — ¦ If any settlement was then made by the Commiss™ and the Massachu setts Bay, it appears not on record, although that with Connecticut in the same year is Registered in both Provinces ; and if actually made, it was unauthorized ; the powers to the Commissioners being expressly confined to the disputes between the New England Govern'', namely, Massachusetts Bay, Connecticut, New Plymouth, Rhode Island, and the Providence plantation, as evidently appears from the Commission, a copy of which I enclose your LordPi", nor can it be supposed that the Crown meant to invest a power in the Commis", to settle boundaries between the Govern'' of New England and this Prov^", the commission bearing date in April 1664, and the conquest of this Govern' from the Dutch, not taking place till the month of August following. There is also a mistake in the assertion, that the ' ' places were possessed forty years by former grants " — unless by the Dutch, for the English did not settle to the westward of Connecticut River, till 1635 or 1636, which settlement was made southward of the Massachusetts south line, with out authority from any Govern'. The determination then in respect to Connecticut could not with propriety be considered as a leading case of equal justice in all the Colonies, nor could the boundary of Connecticut River have affected the other Govern'' so materially as Connecticut, as those Govern" have a far greater extent Eastward than Connecticut. This reasoning is justified also from these considerations, that the Crown 214 NEW HAMPSHIRE GRANTS. did not by any act, ratify or approve the opinion of the Commission ers, or of Gov' NichoUs' who was one of them, but on the contrary, after the Dutch had in 1673, reconquered this Province, and by the Treaty of Breda in 1674, yielded it to England, made a second grant to the Duke of York in the same terms with the first ; and it appears by the minutes of the agreement with Connecticut in 1683, that Gov NichoUs and the other Commiss", had been deceived in the line they established with that Colony in 1664, which instead of leaving to this Province twenty miles East of Hudson's River, soon crossed that River, and left the far greater part of that River out of New York Govern'. Massachusetts Bay hath nothing I humbly conceive to urge in sup port of their claim to a twenty mile line East of Hudson's River, but a possession gained in opposition to the letter and spirit of their grants from the Crown, thro' the inattention of this Govern'. This argument may in equity entitle individuals to a confirmation from the Crown, of the lands they actually possess, rendering to His Majesty the usual quit- rent reserved in this Province, but cannot be offered as conclusive on the part of the Crown, in respect to its interests arising either from its Revenue of quit-rents, which by computation at 2 | 6 p' 100 acres, would amount to near £1200 Sterling p'' Annum, or from Escheats, neither can it with justice I think, be extended to the case of those inhabitants of New York, who hold lands Eastward of a twenty mile line, the lands being at the time they obtained their grants, vested in the Crown, 'with in the express limits of the province of New York, and not within the grants on which the Massachusetts Bay found their claim. Having thus fully considered this point, in respect to the Province of Massachusetts Bay, I need add very little as to New Hampshire. That Govern' is to extend Eastward and Northward till it meets with his Majesty's other Govern'', and cannot therefore interfere with the limits of this Province. The lands in question lay much more convenient to be included within New York, than New Hampshire. Hudson's River being navigable by vessels of considerable burthen to Albany ; the Trade of that part of the country will probably centre there, to which place the transportation of carriage will be much easier than to the ports of New Hampshire, and where the inhabitants are likely to meet with a better market for their produce. The Revenue to the Crown, if the lands are settled under this province, will be greater, than if granted under New Hampshire, in proportion to the difference of quit-rent, which I am in formed is I sh. sterl : pr 100 acres in that Prov", and is by his Majesty's Instructions fixed here at 2 | 6 sterl. There is another circumstance of some weight at this juncture. The preference given to this Govern' from its evident superiority, has induced a great number of reduced offi cers to claim here, the bounty His Majesty has been pleased by his Proclamation of the 7't Oct' last, to extend to those who have served in North America during the late war; and many of them have located their spotts within the claim of New Hampsh™, indeed if they had not, It would have been impossible for this Govern' to have found lands enough for them, clear of dispute, and not reserved to the Indians; but they absolutely decline any application to New Hampshire for lands westward of Connecticut River. As the settling the Umits of Jurisdiction ofthe Govern'' of New York and New Hampshire absolutely depends on his Majesty's pleasure, sh'i HIS Majesty on any consideration extend the limits of New Hampshire westward of Connecticut River, I humbly presume to hope the right of CONTROVERSY WITH NEW YORK. 215 property and the right of jurisdiction wUl be saved to this Province, in respect to all lands before granted by this Govern', whose right to the boundary of Connecticut River, especiaUy when considered as to Ne'W Hampshire, appears clear and unquestionable. I am with great submission My Lords, Your most obedient & faithful Servant Cadwallader Colden. SECTION II. Proceedings in Relation to the New Hampshire Grants, under the Administration of Gov. John Wentworth. Mem.orial of ^ohn Wendell, respecting lands on the west side of Connecticut river annexed to the province of New York. [p. 25.] To his Excellency John Wentworth, Esq'^ Captain General, Governor & Commander in Chief in and over his Majesty's Province of New Hampshire, & Vice Admiral of y' same. To the Hon*^'^ His Majesty's Council and House of Repre sentatives in General Assembly convened this i8*^ day of Oct', 1768, by adjournment. The Memorial of John Wendell of Portsmouth in the Province aforesaid, Esq"^, unto your Excellency & Honors humbly shews : That your Memorialist being appointed the agent of a Committee, chosen by the voices of more than one Thou sand Grantees, claiming lands on the western side of Con necticut River, under the Grants of Benning Wentworth, Esq"^, late Governor of this province, which have since been taken away and annexed to the Province of New York ; by virtue of which appointment, he is impowered to act, trans act and do, anything, whereby the Interest of his Constitu ents and their Principles may be advanced ; as also to cor respond with their other agents, M' Sam' Johnston & Sam' 2l6 NEW HAMPSHIRE GRANTS. Robinson Esquires, who have preferred a Petition to his [p. 26.] Majesty in Council in behalf of the said grantees, praying to be re-annexed to this Government, and to set forth other heavy grievances, under which the s'' grantees then laboured, and which still continue. During a' correspondence which y"-' Memorialist has had with the said Johnston, some anecdotes have dropt from his Pen, which your Memorialist is desired to communicate, as worthy the notice and attention of the whole Legislature of this Prov"®, but as the said Johnston has strictly enjoined it upon him, not to divulge this intelligence he has received, or give Extracts of his Letters only to such, whose Prudence & Secrecy may be absolutely relied upon, your memorialist has hitherto postponed this communication ; and now plac ing an unlimited Confidence on the Prudence of this Hon*"' Court, he takes the Liberty to lay an attested Extract of said Johnston's Letter before them, from which may be de duced; — that if the Legislature of this Province would join with said Grantees in their application to his Majesty in Council, the one for the Jurisdiction, and the other for the Property of said Lands, there is a great Probability of suc cess to both. Your Memorialist does not presume to dictate any partic ular measures whereby this valuable & much desired acqui- [p. 27.] sition may be obtained, but leaves to the considera tion of this Hon'^'" Court the nature & substance of this memorial, as it is y^' MemoriaUst's only Intention & highest Ambition, that the grantees in particular, and the Province in_ general may reap an advantage that may result from this Discovery. And y'^' Memorialist, as in Duty bound shall ever pray. John Wendell. London, March 31^' 1763. Extract from Mr. S. Johnstoris Letter of that date to yohn Wendell. " I am really surprised at the supiness of the Proprietors and even of "your Province in this matter; had it been pursued with spirit imme- " diately upon the alteration of the Jurisdiction & before any Grants " had been made by New York, it is very plain to me, that the Prop" " might very easily have secured their Lands, tho' the Province had " not recovered its Jurisdiction, and even the latter I think was very " probable. « " i^^^Y *T°^^ ^'^''^^ ^^'^^ ^'"'^^ happened have increased the diffi culty, but I should by no means even now despair of it, if the cause controversy WITH NEW YORK. 217 " was supported as it ought to be by the joint aid and application of all " the Proprietors and the Province, the one for the Property and the [p. 28.] " other for the Jurisdiction of the lands, the real Poverty of " those who joined Capt. Robinson (tho' they did the best they could) ' ' rendered them unable to give the cause that effectual support which " was (and is) necessary to give it proper weight and render the applica- " tion to the Crown as regular and respectable as its Importance and the "usual course of Proceedings in cases of this kind justly required; " Money has in fact been wanting to do Justice to this Cause ; it came " here rather in Forma Pauperis which is an appearance seldom made " or much regarded in this country, and is by no means an Eligible " light in which to place an affair ofthis kind." A true coppy taken by me John Wendell. [p. 29.] Extract of Governor John Wentworth's Letter to Governor Williaum Tryon of New York, dated igth of Oc tober, lyyi. "The Information refer'd to in your Excellency's Letter of 2^ Inst, altho' wholly different from the real fact, is not unexpected to me having been often menaced by a number of People on Connecticut River who have not only taken great pains to vilify & asperse me in that District, and by the most artful, unjust sollicitations to obtain equally inju rious Representations, not hesitating to scatter threats of Plans form'd to remove me from his Majesty's Service. These things I shou'd have neglected in silence ; but their attempts to convey such prejudicial Insinuations to your Excellency justifys my Explanation. " The Surveyor General of the Northern District being in the course of Duty station'd here for two years, and by the Winter's Rigor precluded from surveying the Sea Coast, I formed a Design of obtaining thro' his assistance a perfect and complete Survey of this Province, — such interior Sur veys being recommended in his Official Instructions. Cap tain Holland very obligingly was dispos'd to employ himself & his party on this service if he could be aided by three or four additional men to assist in the Surveys. [p. 30.] " Whereupon I recommended to the Assembly, but they refus'd to make any provision for the expense, altho' if could not amount to Fifty Guineas ; but as the ad vantage was so evidently great, and such an invaluable opp^ might never again happen, to acquire a faithful and exact Map of the Province, unless at a far greater Expense, Capt. Holland's Requisition was rais'd by subscription. 2X8 NEW HAMPSHIRE GRANTS. " He undertook in person to survey the Eastern District. One Deputy, Mr. Grant, he sent to Connecticut River, & one Deputy thro' the middle of the Province. In the Spring each party made Return to Capt. Holland, and this Winter the intermediate parts of those Divisions are to be perfected and a general Map compos' d. "These Gentlemen being strangers the people of the Country, naturally jealous of every thing they don't under stand, and the whole survey depending upon voluntary as sistance, I wrote to some Gent" in this Prov" a circular Letter for each party to secure proper Reception & assist ance for them : which letter in many instances sav'd them much distress and difficulty. " Whether Mr. Grant (Mr. Whiting had no sort of power [p. 31.] or Direction, but merely as one hand hir'd) pursued an Easterly Branch of Connecticut River, instead of a Northerly Branch, or which of the two is properly the main River I know not ; but am inclin'd to think so skilful an officer under the strictest injunction of care from his princi pal, and subject to his penetrating Examination, cou'd not well be mistaken in such a material point as this , yet, if it is, the error is so much injurious to New Hampshire. " The ill-tim'd parsimony of the late Assembly refus'd so useful Sz; necessary a grant altho' requisite to carry into ef fect a royal Instruction. I confess it gave me pain, yet I could by no means solicit aid of the Government of N. York towards surveying Connect. River, which by his Maj esty's Order in Council (whereby the Western District was granted from this to that Province) is established expressly to be in N. Hampsh ; to its Western Banks — more espe cially as it is part of a Provincial Survey, w"*" hath not been forwarded to his Majesty's ministers of State, neither will it be, until next Spring; when the whole Prov: Map is finish'd and must then obtain what credit its own truth may merit. "Whatever may be the consequences of the conduct held by those people, whom y'^ Excelly is informed are exciting Disturbances on the District formerly in this Province, they [p. 32] cannot in any Degree be ascrib'd to me : that my name has been used therein, I consider as an effort df those unworthy wretches, who daily presume in that country to calumniate me in y« rudest & most indecent Forms. "To preclude all possibility of mistake on my side, I have cautiously & unexceptionably avoided speaking to any controversy with new YORK. 2I9 man or men upon this Dispute, unless in the presence of some other persons ; and have invariably recommended im plicit obedience to the Laws, where his Majesty had been pleas'd to assign them ; and upon all occasions positively disavow'd any connection with them or even a desire for their reverting to this Prov : But at all times told them that I have met with occasionally, that submission was their Duty & Interest. Upon y"^ Excelly'' accession to the gov ernment, I was still more explicit & earnest in public & private recommending those unhappy complaining people immediately to refer themselves & their cause to y'' Deci sion, & in abiding thereby I was confident they would have Justice ; neither might they expect me to reconsider or al ter what might be y'^' Determination, even if that Country should ever be re-annexed to this Province — an event w** [p. 33.] cou'd not be expected, considering the great Dis parity in Interest, Wealth, Diligence & Ability, w"'' I grieve to acknowledge is manifestly against N. H amps'" " Hence it is my wish to hear that every outrage & vio lence committed under any pretence whatsoever may meet the severest censure of Law, w'^'' I shall see without con cern; but on the contrary rejoyce in, as the avenger of those groundless aspersions & still more culpable conduct prac tised by many towards me, in defiance of all Law or Recti tude whatever : And I entreat as a peculiar favor, the great est severity may fall on those who presume in any way to ascribe their conduct to me. The merits of the Dispute are too tedious for me to enter into at this time, suffice it to say that the whole arose upon Representations & Plans from N. York in the year 1762, totally unsuspected & un known to this Province, containing many cruel Reflections on y^ late Governor and Council ; whereon N. Hamp : suf fered the loss unheard ; altho' they labor under a Tax to the year 1774 incurr' d in the defence of this very land in obedience to a Royal Instruction specifying it to be part of this Province, and enjoyning a penalty of its loss to Massa. Bay upon neglect'g to obey ; an event further remarked by a Dissolution of an Assembly, who disapproving the mode of Defence, rejected the Recommendation w"" was acceeded to by the next Assembly. I am positively convinced that [p. 34.J these people are to a man certain of my abhorrence of every species of outrage or illegality, and that all pre tences of my favor are made by a few disaffected persons, 220 NEW HAMPSHIRE GRANTS. merely to vilify me. Nor do they even venture openly to avow this among the people in general, who universally know the contrary : therefore any public act of mine cannot in the least undeceive them ; but wou'd be considered as an exterior condescension to two or three wicked men who have been for three years past disseminating the most mis chievous measures in that remote country." Letter from Gov. William Tryon to Gov. John Wentzvorth. [p. 35.] Fort George, New York, 23'' Dec'^'. 1771. Sir — Having been favored with your letter of the ig*"" Octo ber, I lost no time in laying it before His Majesty's Council of this Province, by whose advice I issued a Proclamation, setting forth the Proceedings that have passed between our governments, respecting the Lands lying in this Province to the Westward of Connecticut River : A copy of which Proclamation I have the Honor to transmit to you, request ing if you. Sir, see no objection, that it may be inserted in the public Papers within your government. The Facts stat ed therein are taken from original Letters & papers now in the Secretary's office of this Province. It was thought necessary to prevent the malicious Insinuations of design ing men from gaining credit among the deluded Inhabitants [p. 36.] in the Western Frontiers of this Colony, to express in the Proclamation, your Excellency's Disavowal & Dis approbation of the rash conduct of those Rioters v/ho so much disturb the peace of this government. I still hope you will, upon further Reflection, make known by some public act within your government, your Dissatisfaction of such injurious Reflections, & that you will consider such a step rather as a compliance with my earnest request, than as an exterior condescension to 2ifew wicked men. The Commissioners appointed for runing the partition line between this government and the Province of Canada being prevented this season from proceeding any further than twenty-two miles of the course ; I am desirous of in forming your Excellency, as you may possibly consider your Province in some measure effected thereby, that I have fixed upon the first day of March next, for the com missioners to meet at the house of Col" Christy's on the BRIEF HISTORY OF THE CONTROVERSY. 221 [p. 37.] River Cole, about two leagues to the westward of Point Moore, from whence they are to proceed in compleat ing the Extension of the Boundary Line between the two Governments, agreeable to His Majesty's Instructions. I am truly sensible of the Politeness of your sentiments towards me & wish you may by an early visit to this City, afford me an opportunity of renewing an acquaintance which was begun during your short stay in your Tour through North Carolina. I am, with much esteem. Sir, Your Excellency's most obedient servant Wm. Tryon. P. S. Our Correspondence being of a public nature I shall communicate the same to His Majesty's Secretary of State for American affairs. His Excellency John Wentworth, Esq. Gov"". &c. &c. NOTE BY THE EDITOR. In the volume of State Papers — labelled " 'Vermont Controversy," — as arranged by the late John Farmer, Esq., pp. 41-48, is found a brief his tory of that controversy, as contained in Dr. Belknap's History of New Hampshire, pp. 385-392, Farm, ed., Dover, 1831. Inasmuch as this presents a fair view of the controversy, in the judgment of Dr. Belknap, it may be helpful to readers in forming their opinions on the subject. SECTION III. Brief History of the Controversy with Vermont. [Copied from Dr. Jeremy Belknap's Hist, of N. H.] The inhabitants of the district on the western side of Connecticut river, which was severed from New Hampshire in 1764, had been en gaged in a long and bitter controversy with the government of New York. They had even been obliged to have recourse to arms in de fence of their estates, and frequent acts of violence had been commit ted. There was among them a set of intrepid men ready to encounter dangers, and trained to hardy enterprise. At the commencement of hostilities, by the advice of some principal opposers of the British gov ernment in the other colonies, a company of those people, styling them selves Green Mountain Boys, marched to Ticonderoga, and wrested that 222 NEW HAMPSHIRE GRANTS. fortress, together with Crown Point, out of the hands of the British gar risons. A regiment of them was embodied by order and in the pay of the general congress. Their exertions in the com- 1775. mon cause were meritorious, and their services were acceptable. Soon after the declaration of independence, the inhabitants of that territory assembled in convention to consider their peculiar situ ation, and concert measures for their safety. The opportunity 1776. which then presented for a change in their political connexions was too precious to be lost. By the dissolution of the bonds which had held America in subjection to the crown of Britain, they conceived themselves free from the government of New York, to which the most of thgm had never voluntarily submitted; and being, as they said, reduced to "a state of nature," they thought they had a right to form such connexions as were agreeable to themselves. Accordingly, they made and published a declaration, — "that they would at all times consider themselves as a free and independent state, I777' capable of regulating their own internal pohce; that they Jan. 15. had the sole exclusive right of governing themselves in such manner as they should choose, not repugnant to the resolves of con gress ; and that they were ready to contribute their proportion to the common defence." Under the influence of these principles, they form ed a plan of government and a code of laws, and petitioned congress to receive them into the union. The inhabitants on the eastern side of Connecticut river were very con veniently situated to unite with those on the western side, and many of them had the same principles and views. They argued that the original grant of New Hampshire to Mason was circumscribed by a line drawn at the distance of sixty miles from the sea ; that all the lands westward of that hne, being royal grants, had been held in subjection to the gov ernment of New Hampshire by force of the royal commissions, which were vacated by the assumed independence of the American colonies ; and therefore that the inhabitants of all those lands had reverted to a " state of nature." By this expression, however, they did not mean that each individual was reduced to such a state, but that each town retained its corporate unity, unconnected with any superior jurisdiction. They distinguished between commissions derived from the king, which were revokable at his pleasure, and incorporations held on certain conditions, which being performed, the powers and privileges granted by the in corporations were perpetual. They asserted, that jurisdictions, estab lished by royal commissions, could bind a people together no longer than the force which first compelled continues to operate; but when the coercive power of the king was rejected, and its operation had ceased, the people had a right to make a stand at the first legal stage, viz., their town incorporations. These, by universal consent, were held sacred. Hence they concluded that the major part of each one of those towns had a right to control the minor part; and they con sidered themselves as so many distinct corporations until they should agree to unite in one aggregate body. In these sentiments the people were not all united. The majority of some towns was in favor of their former connexion, and 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 Hamp- BRIEF HISTORY OF THE CONTROVERSY. 223 shire ; and that their acceptance of the grants was in effect an acknowl edgment of the jurisdiction, and a submission to the laws of the state, from which they could not fairly be disengaged without its consent ; as the state had never injured or oppressed them. Much pains were taken by the other party to disseminate the new ideas. Conventions were held, pamphlets were printed, and at length a petition was drawn in the name of sixteen towns on the eastern side of Connecticut river requesting the new state, which had assumed the name of 'Vermont, to receive them into its union, alleging " that they were not connected with any state, with respect to their internal police." The assembly at first appeared to be against receiving them, but the members from those towns which were situated near the river on the west side declared 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 influence a majority of the towns to vote in favor of the union which June il. 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 admitted on producing a vote of a majority of the inhabitants, or on the appoint ment of a representative. Being thus admitted into the state of 'Vermont, they gave notice to the government of June 22. New Hampshire of the separation which they had made, and expressed their wish for an amicable settlement of a jurisdictional line, and a friendly correspondence. The president of New Hampshire, in the name of the assembly, 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 him that those towns had sent Aug. 23. delegates to the Convention in 1775 ; that they had applied to the assembly for arms and ammunition, which had been sent to them ; that their military officers had accepted commissions and obeyed orders from the government; that the minority of those towns was averse to a disunion and had claimed protection of the state, which the assembly thought themselves bound to afford ; and beseeching him to use his influence with the assembly of 'Vermont to dissolve the newly formed connexion. At the same time the president wrote to the delegates of the state in Congress, desiring them to take advice and endeavor to ob- Aug. 19. tain the interposition of that body ; intimating his apprehen sion that without it the controversy must be decided by the sword, as every condescending measure had been used from the begin ning and rejected. The governor and council of 'Vermont sent a messenger to congress to see in what light the new state was viewed by them. On his return he reported that the congress was unanimously opposed to the union of the sixteen towns with Vermont ; otherwise they (excepting the delegates of New York) had no objection 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 seats, October, a debate arose on a question whether they should be erected into a new county, which passed in the negative. Conceiv ing that they were not admitted to equal privileges with their brethren, the members from those towns withdrew ; and were followed by several 224 NEW HAMPSHIRE GRANTS. Others belonging to the towns adjoining 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 Connecticut. This secession had nearly proved fatal to the state of Vermont. A ridge of mountains, which extends from south to north through that territory, seemed to form not only a natural but a political line of division. A more cordial union subsisted between the people on the eastern side of the Green Mountains and 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 Ver mont, who resided on the west side of the mountains, wrote letters to the assembly of New Hampshire informing them of the separation, and expressing their disapprobation of a connexion with the sixteen towns. The assembly regarded these letters as ambiguous, and as not express ing 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 the river assembled at Cornish and agreed to unite without any Dec. 9. regard to the limits established by the king in 1764, and to make the following proposals to New Hampshire, viz., either to agree with them on a dividing line, or to submit the dispute to con gress, 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 consent that " The whole of the grants on both sides of the river should connect themselves with New Hamp shire, and become one entire state, as before the royal determination in 1764." Till one or other of these proposals should be complied with, they determine " To trust in providence and defend themselves." An attempt was made in the following year to form a constitution for New Hampshire, in which the limits of the state were said to be the same as under royal government " reserving nevertheless 1779. 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 disposition in a great part of the assembly to retain their claim to the whole of the grants westward of the river. At the same time the state of New York set up a claim to the same lands, and it was suspected, perhaps not without reason, that intrigues were forming to divide Vermont between New Hampshire and New York, by the ridge of mountains which runs through the territory. Certain it is that the Vermonters were alarmed, and that they might have the same advantage of their adversaries they extended their claim westward into New York and eastward into New Hampshire ; and thus not only the sixteen towns, but several other towns in the counties of Cheshire and Grafton, became incorporated with Vermont by articles of union and confederation. It is not easy to develop 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 controversy 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 BRIEF HISTORY OF THE CONTROVERSY. 22$ 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 Hamp shire were averse to a removal of the government from its old seat; Vermont had assumed independence, but its limits were not defined ; New York had a claim on that territory as far as Connecticut river, from which there was no disposition to recede. That state had been always opposed to the independence of Vermont. New Hampshire at first seemed to acquiesce in it, and some letters which the President wrote to the governor of Vermont, when threatened with invasion in 1777, were understood as an acknowledgment of it. Had there been no attempt to unite with the towns on the eastern side of the river. New Hampshire would perhaps never have opposed the independence of Vermont. But the assembly was afterward induced to claim all that territory which before the year 1764 had been supposed to be within the limits of the state. This interfered with the claim of New York, and at the same time Massachusetts put in a claim to a part of Vermont. The controversy had become so intricate that it was thought necessary to be decided by congress ; and ap- Sept. 24. plication being made to that body, they recommended to the three states of New York, Massachusetts, and New Hampshire to pass acts which should authorize congress to determine their bounda ries, and at the same time they advised the people of Vermont to relin quish jurisdiction over all persons on the west or east sides of Connecti cut 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, be sides those whose claims were to be heard. A deficiency in the repre sentation caused a long delay ; but after the expiration of another year, the question was brought on. The claims of New York and New Hampshire were put in, and both pleaded that Vermont 1780. had no right to independence. The agents of the new state Sept. 20. asserted their right, and offered to become part of the Union, intimating that if they could not be admitted they should be reduced to the necessity of making the best terms [they could with] the British government. The cause was further perplexed by a constitutional question, — wheth er congress had any power to form a new state within the lim its of the Union. The decision was deferred, and after 1781. eleven months congress had proceeded no farther than to lay Aug. 20. it down as an indispensable preliminary to the recognition of Vermont as a member of the tjnion that they should " explicitly re linquish all demands of land and jurisdiction on the east side of Con necticut river, and on the west side of a line drawn twenty miles east ward of Hudson's river to Lake Champlain." When this resolution was laid before the Assembly of Vermont, which met at Charlestown, they determined to "remain firm in the principles on which they first assumed government, and to hold the arti cles of union inviolate; that they would not submit the ques- Oct. 19. tion of their independence to the arbitrament of any power 15 226 NEW HAMPSHIRE GRANTS. whatever, but they were willing at present to refer the question of their jurisdictional boundary to commissioners, mutually chosen ; and when they should be admitted into the American Union, they would submit any such disputes to congress." The state of society within the seceding towns at this time was very unhappy. The majorities attempted to control the minorities, and these were disposed not to submit, but lo seek protection of the gov ernment with which they had been connected. At the same time and in the same place justices, sheriffs, and constables, appointed by the authority of both states, were exercising jurisdiction over the same per sons. Party rage, high words, and deep resentment were the eflfect of these clashing interests. An affray which began in the town of Ches terfield threatened a scene of open hostility between the states of New Hampshire and Vermont. A constable, appointed by the authority of Vermont, had a writ in an action of debt against a man who was in the interest of New Hampshire. He found the man, in company with a number of people of Nov. 14. his own party, and attempted to arrest him. The owner of the house interposed. The constable produced a book, which he said contained the laws of Vermont, and began to read. The owner of the house forbade him. Threatening words were used, and the offi cer was compelled to retreat. By a warrant from a Vermont justice, the householder and another of the company were committed to prison in Charlestown. They sent a petition to the assembly of New Hamp shire for relief. The assembly empowered the Committee of Safety to direct the sheriff of Cheshire to release the prisoners. They Nov. 28. farther empowered the committee to cause td be apprehended and committed to prison in any of the counties all persons acting under the pretended authority of the state of Vermont, to be tried by the courts of those counties where they might be confined ; and for this purpose the sheriffs were empowered to raise the posse comit at us. In attempting to release the two prisoners from Charlestown gaol the sheriff himself was imprisoned by the Vermont sheriff, under the author ity of a warrant from three justices. The imprisoned sheriff applied to a brigadier-general of New Hampshire to raise the militia for his libera tion. This alarmed the Vermonters, and orders were issued 1782. by the governor for their militia to oppose force with force. Jan. 12. A committee of Vermont was sent to Exeter "to agree on measures to prevent hostilities." One of this committee was the Vermont sheriff. He was immediately arrested and thrown into prison at Exeter, and there held as a hostage for the release of the sheriff of Cheshire. The assembly issued a proclamation allowing forty days for the people in the revolted towns to repair to some magistrate of New Hampshire, and subscribe a declaration that they acknowledged the extent of New Hampshire to Connecticut river, and that they would demean themselves peaceably as good citizens of the state. They also ordered the militia of all the counties to hold themselves in readiness to march against the revolters. While affairs wore such a threatening aspect between the two states, means were used at congress to take up the controversy on more general ground. A committee who had under consideration the affair of admit ting Vermont into the Union and determining its boundaries, prevailed on General Washington, then at Philadelphia, to write to the governor BRIEF HISTORY OF THE CONTROVERSY. 227 of Vermont, advising to a relinquishment of their late exten sion as an " indispensable preliminary" to their admission into Jan. i, the Union, intimating, also, that upon their non-compliance 1782. they must be considered as having a hostile disposition tow ards the United States, in which case coercion on tbe part of congress, however disagreeable, would be necessary.* This letter had the desired effect. The assembly of Vermont, taking advantage of the absence of the members from the eastern side of the river, obtained a majority for complying with the Feb. 22. preliminary, and resolved "that the western bank of Con necticut river on the one part, and a line drawn from the north-west corner of Massachusetts northward to Lake Champlain on the other part, be the eastern and western boundaries of the state of Vermont, and that they relinquished all claim of jurisdiction without those limits." When the members from the eastern side of Connecticut river arrived, they found themselves excluded from a seat in the assembly, and took their leave with some expressions of bitterness. After this compliance, it was expected that Vermont would be admit ted into the Union, and the question was solemnly put in congress ; but a majority decided against it, to the no small disappointment of many persons, beside the inhabitants of the disputed terri- Apr. 14. tory. The pretence for this decision was, that they had ex ceeded the limited time ; but they had complied with the " indispensable preliminary," and the order of congress requiring it stood unrepealed. Though cut off from their connexion with Vermont, the revolted towns did not at once return to a state of peace ; but the divisions and ani mosities which had so long subsisted continued to produce disagreeable effects. The judicial courts of New Hampshire had sat without much interruption in the counties of Cheshire and Grafton, whilst the officers of Vermont held jurisdiction also ; but when the latter were excluded by the act of the 'Vermont assembly, a spirit of opposition began to arise against the sitting of the former. When the inferior court was holden at Keene, a number of persons appeared to oppose its proceedings, and effected their purpose so far as to make an adjournment necessary ; but three of the lead- Sept. ers of the opposition were arrested and bound over to the supe rior court. In the mean time efforts were made to raise a party who should oppose the superior court ; and it was reported that two hundred men had associated and armed themselves for that purpose. On the morning before the court was opened several of the leaders Oct. came to the judge's chambers, 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 de termination on the subject but in open court. When the court was opened their petition was publicly read, and the consideration of it was postponed to the next day. The court then proceeded to its common business. The grand jury being impanneled, the doors of the house where they met were kept open whilst the attorney-general laid before them the case of the rioters at the inferior court. A bill was found against them. They were arraigned, they pleaded guilty, and cast * The letter of General Washington will be found among the papers which follow, in its proper place. — Ed. 228 NEW HAMPSHIRE GRANTS. themselves on the mercy of the court. The court remitted their punish ment on condition of their future peaceable behaviour. This well-judged combination of firmness and lenity disarmed the insurgents, and they Quietiv dispersed. From that time the spirit of opposition to government in that quarter gradually abated, and the people returned to their con nexion with New Hampshire. SECTION IV. Discontent in the Border Towns of New Hampshire LYING East of Connecticut River. Note by the Editor. Readers will please bear in mind that on thq 5th of January, 1776, the general assembly of New Hampshire "took up civil government," and adopted what 'was caUed a "temporary constitution," to continue during the war then commenced with Great Britain (see State Pap. N. H., vol. VIII, pp. 2-4). Soon after, they assumed the name of the " State of New Hampshire," of which Hon. Meshech Weare was the chief magistrate, with the titie of "President of the Council." _ This temporary constitution, it appears, was not acceptable to a portion of the people. Extract of a Letter from Hon. Meshech Weare to New Hamp shire Delegates in Congress* dated Exeter, Decem^' I6'^ 1776. Gentlemen — " I enclose you an Address of Several Towns in the County of Grafton to the people at large (fabricated I sup pose at Dartmouth College) and calculated to stir up con tention & animosities among us at this difficult time : Espe cially as our Government is only temporary & the state of matters not allowing a Revisal. However this Pamphlet with the assiduity of the College Gentlemen, has had such an effect that almost the whole County of Grafton, if not the whole, have refused to send members to the new Assembly, which is to meet next Wednesday." [M. W.] *This letter is found in State Pap. N. H., vol. VHI, p. 420.— Ed. discontent in border towns. 229 [The following is an exact copy of the said printed Address :] An I ADDRESS | of the | INHABITANTS | of the | Towns | of Plainfield, Lebanon, Enfield, (alias Relhan) Canaan, Cardigan, Hanover, Lime, Orford, Haverhill, Bath, and Landaff, to the Inhabitants of the several Towns in the Colony of NeW-Hampshire. | NORWICH;! Printed by JOHN TRUMBULL, m,dcc,lxxvl The INHABITANTS of a Number of Towns in the Colony of New-Hampshire, to the People of the several Towns throughout said Colony. Friends and Brethren. THE important Crisis is now commenced wherein the providence of God ; the Grand Continental Congress ; and our necessitous cir cumstances, call upon us to assume our natural right of laying a founda tion of Civil Government within and for this Colony. — Our anxious concern how the present time may be improved, whenever we are act ing, not only for ourselves, but ages yet unborn ; and on which the fate of posterity politically depends, imbolden us to address you in this man ner upon the important subject. How many millions are there in the world, who would count nothing in this life, too dear to part with, if they might arrive at such a period : and yet how frequent are the in stances, wherein such golden opportunities have been lost, principally through the inattention of the people : whereby ambitious and designing men have inshralled [inthralled] whole Kingdoms and Empires ; and thereby brought them to ruin and destruction. The Tyrant would never rise, nor the Oppressor reign, were it not for the pusillanimous submis sion of the people, who have it in their power to prevent them, and ought to hold the reins of Government in their own hands. Freedom and lib erty never can be lost, nor gained in the hands of Tyrants, but by the tame submission of the subject, or through their criminal neglect, or inattention: and are seldom if ever regained, but by bloody conflicts. Witness the present day. Who could have thought, even less than twenty years ago, that arbitrary power and oppression could have reigned predominant in one of the best constitutions (as supposed) in the world, in so short a time; but not more strange than true. This in part, may be accounted for by the parliament's giving up into the hands of the King such power and influence ; but principally by the criminal neglect, if nothing worse, of the people ; who have the right of constituting one main branch of the British parliament. It may be ob served, as a self-evident proposition, that, whenever a people give up their right of representation, they consequently give up all their rights and privileges ; this being the inlet or door to arbitrary power and op pression ; therefore upon the present exigency of affairs, it behooves every individual, who is a subject of Government, to attend to the important business — see and act for himself. No one is excused, as we are all upon an equal footing, and all equally interested. — Therefore let us, like free born Americans, know our rights and privileges, and like rational men act up to our exalted character. — Let us not give occasion I Norwich, Connecticut. ' 230 NEW HAMPSHIRE GRANTS. to our neighbours or posterity to reproach us, by saying,, that we made a glorious stand against the strides of arbitrary power, and oppression ; and with our blood and treasure gained the happy conquest, but in the first advance we made towards establishing a constitution for ourselves and posterity, we either inadvertentiy or carelessly, gave up our most essential rights and liberties ; or rather that we did nothing to preserve them.— Upon these considerations, Brethren, are we induced to treat with you freely upon this subject ; which leads us to a particular inquiry into, and observations upon the present state and circumstances of the Colony. And ISt. We shall all doubtless agree, that the former government of this Colony was in a manner absolute ; perhaps more so than any of the united Colonies especially in point of representation, which was solely under the controul of the chief Magistrate of the Colony ; and that it was owing to the goodness of the ruler that we did not feel the whole weight of the iron rod, that was thereby put into his hands : and also -that the whole intention of the people now is to abohsh the old, and fO^ajjewGoyernment upon a republican establishment, a design the mostnoFIeTa free people governing themselves by their own laws &c. rit will also be allowed no doubt, that as the Colony hath formerly been divided into Counties, Towns and districts, for the convenient and reg- Lujar governing the same, they will still act as such. Therefore, if there - was nothing more in the way, we should likewise be agreed to take the necessary-step_jQt-a_remedy_iiLJtlie_M.se, which naturally arises ; (viz) as the body is too large and numerous to act individually, that the peo ple elect their Representatives, and appoint them a time and place, to / assemble together, for the purpose of laying a foundation or form of ' civil Government, throughout the Colony. But we are not insensible that there are several objections and embarrassments in the way ; and by many, perhaps, thought to be weighty and important; which, if re moved, will clear the way for our unanimous proceeding. Therefore, we shall endeavor to consider, and remove them by fair and reasonable observation. In the first place it will be objected no doubt, that there is now sub sisting in the Colony, an Assembly, lately appointed by the people ; who have formed themselves into a Council, and House of Assembly (as they stile themselves) and that said Assembly have already formed a plan for electing a new Assembly, this insuing faU, for the then insu ing year: And, therefore, it would be preposterous, now to appoint a new Assembly, &c. To which we answer, ist. That, at the time, when the members of said Assembly were elected, the reasons, which make it now necessary that an Assembly should be appointed, did not exist : As the reasons for calling said Assembly then, and the purpose, for which they were appointed, was only of a temporary duration ; (viz.) to act in the exigences of the Colony, under their distressed and difficult circumstances, as the case might require. No one we believe thought at that time, they were appointed to institute a lasting plan of Civil Government for the Colony ; especially, independant of, and in contra distinction to the Crown of Great Britain; therefore they were not elected for the purpose ; and consequently have not the power that an Assembly now ought to have. I A former Convention sitting in the Colony elected much as it fchanced to happen under our then broken and confused circumstances, Assumed to themselves the prerogative to regulate and determine how DISCONTENT IN BORDER TOWNS. 23 1 and in what manner the present Assembly should be elected, omitting some towns, uniting half a dozen others together, for the purpose of sending one member only ; granting to some the liberty of sending one, and to some towns tvvo, and others three, confining the electors in their choice of a Representative to persons of ^200 estate and so on, in that manner, as they of their sovereign pleasure thought fit to dictate, audi accordingly thus sent out their precepts ; in which way and manner the^ present Assembly were elected : By which means, many towns are deprived of any representation at all, and many others so in effect: And therefore, the Colony is far from being properly represented. On this point we are acquainted, that those, who are in favour of the pres ent Assembly, have much to say, though we apprehend but little to the purpose. It is argued in the first place, that when there is a number of towns, of which the inhabitants are not more numerous than some one other town, that it is not reasonable they should have a greater number of Representatives — To which we answer, i . That the number of inhab itants in this case, in point of right, argues nothing in favour of the proposition ; for every body politic incorporated with the same powers and privileges, whether large or small, are legally the same. We may with the same parity of reasoning as well argue, that a small body con sisting of all the constituent parts of a man, is not a man ; because there are others of the same species of a much larger size : Or that a person at the age of twenty one,, is not legally capable of acting, because there are others of fifty or sixty, that can do no more. — The arguments may as well be applied in another case as follows, (viz.) That a person, of a large estate in a community, should have the privilege of voting equal to half a dozen others of small estates : Yet we believe even those that are most sanguine for the argument, will not insist upon it ; al though we cannot see if they gain the first, why they may not the latter. Notwithstanding, we do not deny, but the legislative body may, in point of prudence, grant to the large capital towns in the Colony some greater privileges in this respect, than the other towns have ; but to unite half a dozen or more towns together, equally privileged, in order to make them equal to some one other town, is a new practice in politics. We may as well take the souls of a number of different persons and say they make but one, while yet they remain separate and different, as in a po litical sense to compound a number of different corporate bodies into one, and yet they remain distinct. The very idea destroys their being ; but this manner of arguing is only begging the question : For even granting for argument sake, that it is reasonable that some one town in the Colony ought to have as large a part in the representative body, as half a dozen others, or nearly as a whole county; (which is the case in the present Assembly and that County too consists of above forty towns, the most of which are very considerably settled) yet our assertion holds good ; (viz.) That no person or body corporate, can be deprived of any natural or acquired right without forfeiture or voluntary surrender, neither of which can be pretended in the present case : Therefore, they who espouse the argument, are necessarily driven to adopt this princi ple ; (viz.) that one part of the Colony hath a right to curtail or deprive the other part of their natural and acquired rights and privileges, even the most essential, without their consent. The argument is so absurd, that we shall only say, that they who advance such doctrines,- and main tain them, are rank Tories, in the modern sense of the phrase. If this principle must take place, we had better lay down our arms, and spend 232 NEW HAMPSHIRE GRANTS. no more precious blood and treasure in the contest ; for it is only de stroying with one hand, and setting up the same thing or that which is worse with the other ; they who will tamely submit to such a govern ment as this, deserves not a cohabitation, amongst a free people. Be sides, if there is any reason, why one town should have a greater share of representation than another, it must be done by enlarging their privi leges, and not by curtailing the others. We proceed idly, to take notice of the proceedings of said Assembly, which we think will serve much to the removing the objection, i. Ob serve, that the precepts issued out for calling said Assembly, directed the people to elect Representatives to sit in Congress, with power, if thought advisable, to form themselves into a House of Representatives for said Colony ; and the first step after they had thus formed themselves, was to elect, principally if not wholly, from among themselves, a certain number, called a Council, thus dividing the representative body into two parts, assuming the title of Council and Assembly of the Colony, &c.-r-How such a plan of formation came first into consideration, we leave for others to judge : For our jsart we think, that if it was neces sary for part of the representative body to be set apart in that capacity, it was more necessary that they should have, in the first place, appointed some person, whom they might have had to council and advise. We can hardly think, that at the time of their election, the invention of their constituents so fruitful, or that they were by them thus instructed. Perhaps they might think they were imitating a neighbouring Colony, but the case is very different, as the other government acted by ancient practices and charters ; but this was by mere institution. ¦zdly. It appears by their publications, that the next principal step was to settle the plan of representation for the future. "Whereby they established their new mode of government ; and for this purpose direct the people in the colony, in some future time, to elect twelve persons in the Colony to be a Council, (viz.) Five in the county of Rockingham ; two in the county of Hillsborough ; two in the county of Strafford ; two in the county of Cheshire ; and one in the county of Grafton : And as to the representative body, that is to be elected in such a way and manner, as the present Assembly shall see cause to direct. This precedent to us, not only appears novel and unintelligible, but alarming; for in all governments where the people elect their Council, they chuse them at large, without restrictions to any particular part of the Colony. It is true, there is a practice in the Massachusetts-Bay, which at first view seems to be somewhat similar, but essentially different ; which is this, that upon their receiving their latest charter, there was a union of two antient governments ; in settling of which it was stipulated between them, that there should be such a number of counsellors in one, and such a number in the other, and such a number at large ; which in no way resembles the present case : And we might with as much propriety limit the Council to particular towns as counties. 2dly. We are at a loss by the modling of this Council, what they would be aiming at. At first view we should conjecture, that they in tended to arrange them in such a manner, (according to their plan of representation) as equally to represent the people in the Colony ; but when we observe the title they have given them, it appears this cannot be their intention ; for by it they not only exclude them from the repre- DISCONTENT IN BORDER TOWNS. 233 sentative body, but even the Assembly itself — stiling them when acting in conjunction with the Representatives, The Council and Assembly of the Colony, &c. But we shall leave that matter for their future explana tion, and only add, that if they are not part of the Assembly, they pught not to have a political being in the Colony. 2,dly. It is alarming, in that it appears from the whole face of the thing, that monopolizing and aggrandisement are the principal objects in view ; and that this new mode of government is a little horn, growing up in the place where the other was broken off; for by this plan, the majority of the Council are to be chosen out of a part of the Colony; perhaps not more than one fourth part of the extension of inhabited territory in the Colony : And as the same power that formed the Coun cil are to regulate the representative body, we may depend upon it that their conduct will beall of a piece so as to support their new formed and instituted body ; as they have reserved to themselves the power of regulating this matter, as their wisdom and soverign pleasure shall dictate. If they meant to estabhsh a plan for future representation, why was it not put on some equal footing or rule, whereby the people might be able to judge of its propriety, and know when they acted upon it or not? But as the case now is, if any town or number of towns are neglected, or deprived of having a Representative, the only remedy is to go with a petition or complaint to the new erected house, praying for redress &c. And what may be expected for answer? If it is rational it will be this only ; that it was not the sovereign pleasure of the former Assembly that you should be represented ; which will be a full answer. Pray where is the difference between this establishment and the former one, so much complained of, except that the Governor had the power in the former, and a number of persons in the latter. Much more might be offered, to obviate the objection, but we think what is said already is sufficient : And shall now proceed to some others, zdly. It is ob jected by some, that a large and full representation will be more ex pensive, and a small number can do the business sufficiently. — To which we answer — by the same parity of reasoning we may say, that one man is sufficient to do the business, whith will make a greater saving still, and so put out our own eyes, and trust to others to lead us. But re member, he that gave up his birthright for a small mess of pottage, had his fate into the bargain, that his brother should rule over him. — We believe this objection arises principally for want of a just estimate of so invaluable a privilege — the other Colonies have thought it necessary, and actually made it a precedent, that every incorporated town, or dis trict, should be represented by one member at least, and generally two. And it may be observed, almost universally, that where there is a full representation, the people chearfully submit to 'v^hatever is done : But especially, in laying the foundation of government, and establishing a constitution. 'We think it of the utmost importance, that every inhab ited town have the liberty, if they please, of electing one member, at least, to make up the legislative body — As it may be much questioned, if any one distinct corporate body be neglected, or deprived of actual rep resentation, whether, in that case, they are anyways bound, or included by what the others may do : Certainly, if they are considered in a state of nature, they are not: No, not even an individual person. But sup pose it should be thought prudent at any time, by the legislative body, to restrict, or lessen the number of representatives ; it is absolutely necessary that the whole should be active in the matter, in order to 234 NEW HAMPSHIRE GRANTS. surrender their privileges in this case, as they cannot be curtailed without. ¦>,dly. It will be objected perhaps by many, that to contend about this matter at the present time, will have a tendency to stir up division and contentions amongst the people, which would be fatal to the common cause, which so much depends upon our union, &c. This objection, at first view, appears important : But upon examination will vanish. We readily agree, that it is a thousand pities, that when we are engaged in a bloody contest, merely to oppose arbitrary power without us, we should have occasion to contend against the same within ourselves ; es pecially by those who profess to be friends of liberty. — We imagine that this objection arises for want of due consideration. We are much mis taken in our views, if we are not proposing that, and that only, which will prevent contentions, and divisions taking place amongst us : And that which will have the most happy effect to unite us in indissoluble bonds of union and friendship. Certainly, if the observations, we have made, are just, the objection must cease in the mind of every reasona ble person ; for if we consider, that the great object we have in view, for which the present unnatural war is pursued between Britain and us, principally consists in this, that there cannot be any legislation or taxa tion without representation : Or in more explicit terms. That no person is, or ought to be subject to a law, which he had no hand in making; or to which he hath not given his consent ; or that his property cannot be taken from him, but by his voluntarily giving it. — Now if the case under consideration be similar, (which we think very plainly appears) are we not pursuing the same general cause? the only difference is, we are contending against the same enemy within, that is also without: And certainly, if arbitrary power without us, ought to be rewarded with vengeance, that within ought to have seven-fold. Therefore, we are persuaded that every .one who is a true friend to the liberties of man kind, and has any sense of his own or posterity's good, will think, that the cause well deserves a serious consideration, and speedy remedy. If there were no steps taken towards settling a foundation of govern ment in the Colony, we might more easily be excused at so difficult a time, as the present is : But to our surprise we find the plan already laid, and confirmed, as to the most essential part — by the present pre tended Assembly. i^hly. Perhaps it will be said by some, that the proper remedy in this case would be by petition and remonstrance to said Assembly for relief &c. To this we can say, that it was early done by several towns in the Colony ; but to no purpose ; as the petitions were rejected, and in a manner treated with contempt. Besides, if they represent but part of the Colony, and are not legally constituted, it is absurd to petition them as a legal body, to grant relief, especially, if in doing it they would de stroy their own political being. \ The true state of the case is, that we have no legal power subsisting in the Colony, for the purposes, for which it is now necessary there should be : It is stiU in the hands of the people, to whom we address ourselves ; and whom we call upon, to exercise the rights and privileges they have to erect a supreme ligislative Court for the Colony, in order to lay a foundation and plan of govern ment in this critical juncture of affairs : And that we no longer remain, as in a state of nature or anarchy ; without law or governmenti Now is the time, when we may not only act for ourselves, and posterity, freely, and without controul — but we are called upon to do it ; and if this opportu- DISCONTENT IN BORDER TOWNS. 235 nity be lost, we shall not have it renewed again, although we may seek it carefully with tears, when it is too late. The time has been, when we have petitioned and prayed to others, for this privilege, but to no purpose : And depend upon it, if we sleep on a little longer, we shall awake up in the like circumstances. As for ourselves, we are deter mined not to spend our blood and treasure, in defending against the chains and fetters, that are forged and prepared for us abroad, in order to purchase some of the like kind of our own manufacturing. — But mean to hold them alike detestable. Therefore, Brethren, we refer the case, with what we have offered upon it, to your candid perusal — desiring, the same may conduce to the general good of the inhabitants of the Colony ; which is the only motive exciting us hereto. And will only add that though we have no desire to dictate in the matter, yet as it is necessary some method be proposed by which the sentiments of different towns may be known to each other, relative hereto ; it is our desire in case any town, or number of towns, concur with us in sentiments as herein expressed ; that they will communicate the same by letters directed to Bezaleel Woodward, Esq; of Hanover, Clerk of the United-Com mittees, by whom the foregoing address is published ; that we may be able to correspond on the subject ; and that some measure may be pur sued whereby our invaluable privileges may be secured. Signed in behalf of the inhabitants of the towns before metitioned, by order of their Committees. NEHEMIAH ESTERBROOK, Chairman. Hanover, July 31, A. D. 1776. BEZALEEL WOODWARD, Clerk. N. B. The meeting of the above mentioned Committees stands ad journed to the second Thursday in October next, then to be held in the College HaU, in Hanover, at 10 o'clock A. m. State of New Hampshire. The Government and People of said State to the Selectmen of Hanover, in said State, Greeting :* You are hereby required to notify the legal inhabitants paying taxes in the towns of Hanover, Canaan and Cardi gan (giving them fifteen days notice) to meet at some con venient place in your town, to elect one person having a real estate of the value of two hundred pounds lawful money in this State, to represent them in the Assembly, to be held at Exeter, on the third Wednesday in December next, at three o'clock in the afternoon, and to empower such representa tive, for the term of one year from their first meeting, to transact such business and pursue such measures as they may judge necessary for the publick good. And the person who shall be elected you are to notify that he attend at time and place af ore-mention' d. *See State Pap. N. H., vol. VIII, p. 421.— Ed. 236 NEW HAMPSHIRE GRANTS. And at said meeting, each voter, as aforesaid, on one paper, is to bring in votes for one person, being a reputable freeholder and inhabitant within your County, having a real estate of two hundred pounds, to serve as members of the Council for the year ensuing. And the Clerk of your town is hereby directed to seal up all such votes under cover, and send them to the house of Mr. Green, in Wentworth, in your County, by the second Wednesday in December next, directed to Francis Worcester, Charles yohnsoit, and Abel Chandler, a Committee appointed to receive them. And it is Resolved, That no person be allowed a seat in Council or Assembly, who shall, by himself or any person for him, before said choice, treat with liquor, &c. any elector, with an apparent view of gaining their votes, or afterwards on that account. And make return of this writ, with your doings thereon, into the Secretary's office at Exeter, by the third Wednes day in December next. M. Weare, President, P. White, Speaker. By order of the Council and Assembly : E. Thompson, Secretary. Exeter, September 30, 1776. Proceedings at Town-meetings.* Meeting at Hanover. Hanover, November 27, 1776. Pursuant to the within precept, we notified the inhabitants paying taxesinthe town oi Hanover, Canaan and Cardigan, to meet at the Meeting-House in said Hanover, this day, for the purposes within men tioned, who being met passed the foUowing votes, viz : P' Voted unanimously, That the Address of the inhabitants of this and other towns, to the people of the several towns through this Colo ny, pubhshed by their committee in July last, is truly expressive of our sentiments respecting representation, and the unconstitutional forma tion and procedures of the present Assembly of this State. 2d. Voted unanijnously, That we will not choose a Representative as directed in the precept issued by the Assembly of this State, for the touowing reasons, viz : i.Becausenoplan of representation is as yet formed in this State consistent with the liberties of a free people, in that the people have not universally had a full representation in any Assembly since the State *See State Pap. N. H., Vol. Vlll, pp. 421-426.-ED. DISCONTENT IN BORDER TOWNS. 237 was declared independent of the Crown of Great Britain, by which dec laration we conceive that the powers of Government reverted to the people at large, and (fl course, annihilated the political existence of the Assembly which then was ; notwithstanding which they have since pre sumed to act in the name of the people, and in their precept undertake to prescribe and limit the mode of procedure in our choice of a Repre sentative, while it does not appear that they are to be chosen for the purpose of recognizing the rights of the people and assuming such Gov ernment as shall be agreeable to them, though nothing of that nature has at any time been done in the State, except a plan formed by the Representatives of a part of this State, by which the whole rights of the people are assumed by that House. 2. Because the precept, in consequence of which this meeting was called, is inconsistent with the liberties of a free people, in that it di rects to have different corporate towns (who have a right to act by them selves in all cases) to unite for the purpose of Choosing a Representative and Counsellor. 3. Because it limits us in our choice to a person who has real estate of two hundred pounds, lawful money ; whereas we conceive that there ought to be no pecuniary restriction, but that every elector is capable to be elected. 3d. Voted unanimously. That the Selectmen be directed to make re turn of the foregoing vote with the reasons annexed, together with the precept, to the Assembly proposed to be held at Exeter, on the third Wednesday in December next. 4th. Voted unanimously. That we will not give in our Votes for a CounseUor as directed in the precept. I. Because we can see no important end proposed by their creation, unless to negative the proceedings of the House of Representatives, which we humbly conceive ought not to be done in a free state. 2. Because every elector ought to have a voice in the choice of each Counsellor (in Cases where they are needful,) and not to be restricted in his Choice to any particular limits within the State. For which rea son we protest against any Counsellor being chosen in this County as directed in the precept. 5"i Voted unanitnously. That the Clerk be directed to make return of the last vote, with the reasons annexed, and our Protest, as the Pre cept directs, relative to vote for a Counsellor. 6"> Voted, That this meeting be dissolved and it was accordingly dissolved. Attest : Ichabod Fowler ? Selectmen Thomas Durkee \ of Hanover. Meeting at Lyme. At a meeting of the inhabitants of the town of Lyme, legally warned, and convened at the house of Ebenezer Green, Esq., on Monday the 25* of November, and continued by adjournment to Monday, the 2* of De cember inst. i»' Voted That the pamphlet lately pubUshed by the Committee of the towns of Lyme, Hanover, Lebanon and Plainfield, is truly expres sive of our sentiments on Representation, and the unconstitutional for mation and proceedings ofthe present Assembly. 238 NEW HAMPSHIRE GRANTS. 2d. Voted, That we cannot comply with the precept issued to this town, in Conjunction with five other towns, for choosing a Representa tive, forjihe reasons following, viz : Because the present plan of Rep resentation is entirely inconsistent with a free State, where every corpo rate town hath an undoubted right to act for themselves in choosing a member of the legislative Body ; Because the elections are Umited to persons of ;^20o lawful money, real estate, for their choice, whereas every elector in free states is capable of being elected. 3d. Voted, That the Clerk be directed to make return of our reasons for our non-compliance to the proposed Assembly that is to sit at Exe ter on the third Wednesday of December next. Voted, That we cannot comply with the direction to the choice of a CounseUor in manner proposed in the precept, for the reasons foUow ing : First, Because that in every free State the people have an un doubted right to their voice in the choice of the whole Council, either by themselves or their Representatives ; Secondly, Because we cannot see any good proposed by confining the electors to certain limits within the State for their choice. [4*] Voted, That the Clerk be directed to make return of our reasons for non-compliance to the Committee appointed for the receiving of the votes for a Counsellor, and also to enter a protest against the choice. Test : Jona. Child, Town Clerk. Meeting at Acworth. The reason why we do not join with the towns of Unity, Acworth, Lempster, Saville, Croydon, and Newport, as we did last year, in choos ing a representative, is this, viz ; Then we supposed they was to act only upon the present exigencies of the Government ; but now the case is much altered. The honorable Continental Congress has declared their independence of Great Britain ; therefore we think that the pres ent Assembly has not taken right methods in issuing out their pre cepts for the choice of Representatives and Counsellors for the year en suing; for, in the first place, they have, as to Representative, in some incorporated towns, allowed two or three Representatives ; to others, they have joined five or six towns together; whereas we think every incorporated town ought to be represented by themselves. Then, as to Counsellors, in one County they have ordered five, in some two, and in one County but one, which we look upon not according to liberty ; for as this State is but one body, we think they ought to be chose by the people at large. And also they have ordered that neither of these shall have a seat in the Assembly without they have real estate to the value of two hundred pounds, lawful money ; whereas we think every lawful elector is a subject to be elected. Voted, That the above reasons be sent to the Council and Assembly of this State, which is to convene together at Exeter, the third Wednes day of this instant, and that the Town Clerk shaU sign it in behalf of the town. This done at a legal town meeting, Acworth, December 9* 1776. Thomas Putnam, Moderator. A true copy. Attest : Sam' Silsby, Town Qerk. DISCONTENT IN BORDER TOWNS. 239 Petition from Lnhabitants of Marlow, &c. To the honourable Council and Assembly of the Colony of New Hamp shire to be convened and assembled at Exeter, on the third Wednesday of December instant. The petition of the inhabitants of the towns of Marlow, Alstead, and Surry, humbly showeth ; That whereas, it is the advice and direction of the Continental Congress relative to the assuming Civil Government in this Colony, have advised and directed the Provincial Congress of this Colony, previous to their assuming a form of Civil Government, that they at their Convention do grant warrants for a full and free elec tion of Representatives in this Colony ; and whereas various coupling of various towns together in the western parts of the Colony, and allowing but one Representative to a coupling, and we being differently treated from the major parts of this Colony, who are allowed a Representative to each town ; and whereas the towns of Marlow, Alstead and Surry, are towns incorporated with all invariable privileges and immunities that any other towns do or may enjoy in this Colony, and being thus coupled together as aforesaid, are abridged or curtailed of the privilege of each individual town electing a Representative, which we humbly conceive cannot be construed to be a full and free election or representation of the said Colony agreeable to the advice of the Continental Congress above recited ; we therefore, your humble petitioners, would beseech the honourable Council and House of Representatives, that previous to the further pursuing the plan of Civil Government, that there may war rants be granted for a full and free election or representation of each of the individual towns above-mentioned, pursuant to the advice of the Continental Congress aforesaid : thus shall 3'our humble petitioners, as in duty bound, ever pray. Sam' Gustin Woolston Brockway Absalom Kingsbury Jonathan Smith. Committee frotn Marlow, Alstead and Surry. Dated Colony of New Hampshire, Marlow, December 11*. A. D. 1776. Chesterfield' — Lnstructions. To Mr. Michael Creasy, Representative for the Town of Chesterfield, in the State of New Hampshire. Sir:— Whereas it having pleased Almighty God to humble the people of this land, by permitting the tyrant of Great Britain and his minions, in the fulness of their rage, to prevail against them by subverting the Civil Constitution of every Province in his late American dominions, affecting thereby the activity of law and justice, and the introduction of vice and profaneness, attended with domestick confusion, and all the calamities attendant on a dissolution of the power of Civil Government, which, in this alarming progress, have made it absolutely necessary for each state to separate itself from that land from whence their forefathers were exiled by the cruel hand of tyranny, and to form for itself, under the ruler of all the earth, such plans of Civil Government as the people thereof should think most conducive to their own safety and advantage : Not withstanding the importance of an equitable system of Government, as 240 NEW HAMPSHIRE GRANTS. it affects ourselves and our posterity, we are brought to the disagreeble necessity of declaring, that it is our candid opinion that the State of New Hampshire, instead of forming an equitable plan of Government, conducing to the peace and safety of the State, have been influenced by the iniquitous intrigues and secret designations of persons unfriendly, to settle down upon the dregs of Monarchical and Aristocratical tyranny, in imitation of their late British oppressor. We can by no means imag ine ourselves so far lost to a sense to the natural rights and immunities of ourselves and our fellow men, as to imagine that the State can be either safe or happy under a Constitution formed without the knowledge or particular authority of a great part of its inhabitants ; a Constitution which no man knows the contents of, except that the whole Legislative power of the State is to be entirely vested in the will and pleasure of a House of Representatives, and that chosen according to the Sovereign determination of their own will, by allowing to some towns sundry voices in the said House, others but one, and other none ; and in a Council of twelve men, five of which are always to be residents of Rockingham. County, who by the assistance of two others of said Council, have the power of a casting voice in all State affairs. Thus we see the important affairs of the State liable to be converted to the advantage of a small part ofthe State, and the emolument of its officers, by reason of the other part of the State not having an equal or equitable share in the Government, to counterbalance the designs of the other. You are therefore authorized and instructed to exert yourself to the utmost to procure a redress of the afore-mentioned grievances, and • in case they wiU not comply, to return home for further instructions. Solomon Harvey, per order Com. Chesterfield, December y^ 12"', 1776. Haverhill and other Towns. The inhabitants of the Towns of Haverhill, Lyman, Bath, Gunthwait, Landaff and Morristown. At a meeting legally warned, in consequence of a precept from the Assembly at Exeter, for the purpose of choosing a representative, as also to give in their votes for a Counsellor for the County of Grafton, having refused a compliance with said precept, have chosen us, the sub scribers, a Committee to return the precept, together with the reasons of their non-compliance : which reasons are as follows, viz : First. Because no plan of Representation has yet been found in this State consistent with the liberties of a free people ; and it is our humble opinion, that when the Declaration of Independency took place, the Colonies were absolutely in a state of nature, and the powers of govern ment reverted to the people at large, and of consequence annihilated the political existence of the Assembly which then was. Secondly. Because the precept directs to have a number of different towns (who have an undoubted right to act by themselves separately) to unite for the purpose of choosing a Representative and Counsellor. Thirdly. Because we are limited in our choice of a Representative to a person who has a real estate of two hundred pounds, lawful money ; whereas we conceive that every elector is capable of being elected. Fourthly. Because that no bill of rights has been drawn up, or form DISCONTENT IN BORDER TOWNS. 24I of Government come into, agreeable to the minds of the people of this State, by any Assembly peculiarly chosen for that purpose, since the Colonies were declared independent of the Crown of Great Britain. Fifthly, Because if a Council is necessary, every elector ought to have a voice in the choice of each CounseUor, and not to be restricted to any particular limits within this State. For which reasons we protest against a Counsellor being chosen in this County, as directed in the precept. Ephraim Wesson Elisha Cleaveland John Young James Bailey John Clark Committee. HaverhiU, December 13"', 1776. SECTION V. Vermont assumes Government — New York opposes. Note by the Editor. On the 30th of December, 1776, a joint committee of the house and council of New Hampshire was appointed " to take under consideration the difficulties and grievances subsisting and complained of by sundry towns and people in the County of Grafton, & any other towns, respect ing the present form of government," &c., and to make report. The committee on the part of the house consisted of Samuel Gilman, Jun., Jos. Whipple, Benj. Giles, Geo. Gains. Timothy Ellis, Daniel Brainerd, John Wentworth, Jun., Christopher Webber, and Thomas Odiorne. On the part of the council, Geo. King, Jonathan Blanchard, and Eben ezer Thompson. On the 3d of January, 1777, the said committee made report to the house " on the affairs of Grafton," in which report conciliatory measures were recommended and adopted, to allay the spirit of discontent among the people ; and another committee was appointed to visit the county, and ' ' in the most earnest manner entreat the people to consider the consequences of such internal discords and divisions among ourselves," &c. This latter committee consisted of Hon. Meshech Weare, Benjamin GUes, Esq., and John Wentworth, Jun., Esq. (see State Pap. N. H., vol. VIII, pp. 442, 450), to which committee, subse quently, January 14, Hon. Josiah Bartlett was added (p. 463). What was effected by this committee does not appear ; but the condition of the country, in the mean time, seems to have arrested the progress of disaffection in Grafton county, and to have turned attention to measures for their defence against the common enemy. Ticonderoga was surren dered, and Burgoyne's army was on its invading march into the New Hampshire grants. All was alarm and anxiety, so that the border towns east of Connecticut river made earnest appUcation to the New Hampshire 16 242 NEW HAMPSHIRE GRANTS. government for help. In the mean time, however, between New York and the people of the New Hampshire grants on the west side of Con necticut river, the controversy was earnestly waged. On the 24th of July, 1776, a convention was held at Dorset, Vt., which consisted of fifty-one members, representing thirty-five towns, which, by adjourn ment, again met, Sept. 25, 1776, and again, at Westminster, January 15, 1777. At this latter meeting of the convention, it v/as resolved, no one contradicting, " That the district of land commonly caUed and known by the name of ' New Hampshire Grants,' be a new and separate state ; and for the future conduct themselves as such." (See documents in Slade's Ver. Pap., pp. 65-88.) Of this important step, due official notice was given to the continental congress. (See, also, N. Y. Col. Documents, under N. H. Grants.) The action of the Westminster convention, Jan. 15, 1777, led to new complications with New Hamp shire. The said convention adjourned, to meet at Windsor July 2, 1777; and then a draft of a constitution was presented, read, and adopted. The convention then adjourned again, to meet at Windsor on the 24th of December, when the constitution was revised, and the day for election of officers under it appointed the first day March, 1778. The first assembly of the new state, called Vermont, was to be held on the second Thursday ofthe same month. The documentary papers, relating to the proceedings above referred to, are found in detail in Slade's Vermont State Papers, pp. 21-66 ; also, in Governor and Council Rec. Ver., vol. I, App., and in the Colonial Doc. Hist, of New York. Declaration and Petition of the Inhabitants of the New Hampshire Grants to Congress, Jan. 15, 1777. [p. 5 1-] To the Hon^'^ the Continental Congress : The declaration and petition of the inhabitants of that part of North America, situate south of Canada line, west of Con necticut River, North of the Massachusetts bay and East of a Twenty mile line from the Hudson's River, containing about one hundred and forty-four townships, of the contents of six miles square each, granted your petitioners by the authority of New Hampshire, besides several grants made by the au thority of New York, and a quantity of vacant land : Humbly sheweth — That your petitioners, by 'virtue of the several grants made them by the authorities aforesaid, have many years since, with their families, become actual settlers and inhabitants of the said described premises, by which it is now become a respectable frontier to three neighbouring states, and is of great importance to our common barrier Ticonderoga, as it has furnished the army there with much provisions, and can muster more than five thousand hardy VERMONT ASSUMES GOVERNMENT. 243 soldiers capable of bearing arms in defence of American liberty : That shortly after your petitioners began their settle ments, a party of land-jobbers in the city and State of New York began to claim the lands, and took measures to have them declared to be within that jurisdiction : That on the fourth day of July 1764,* the king of Great Britain did pass an order in council, extending the jurisdic tion of New York Government to Connecticutt River, in consequence of a representation made by the late Lieuten- [p. 52.] ant Governor Colden, that for the convenience of trade and administration of justice, the inhabitants were desirous of being annexed to said State : That upon this alteration of jurisdiction the said Lieuten ant Governor Colden did grant several tracts of land in the above-described limits, to certain persons living in the State of New- York, which were at that time in the Actual posses sion of your petitioners ; and under colour of the lawful authority of said State did proceed against your petitioners as lawless intruders upon the Crown-lands in their province. This produced an application to the King of Great Britain from your petitioners, setting forth their claims under the Government of New-Hampshire, and the disturbance and interruption they had suffered from said post-claimants un der New- York. And on the 24*" day of July 1767, an order was passed at St. James' prohibiting the Gpvernors of New York for the time being from granting any^part of the said described premises on pain of incurring his Majesty's high est displeasure.f Nevertheless, the same Lieutenant Gov- *See Prov. Pap. N. H., vol. VII, p. 62.— Ed. ¦fThe following is a copy ofthe order referred to : At a court at St. James, the 24*11 day of July, 1767, PRESENT The King's most Excellent Majesty. Archbishop of Canterbury Earl of Shelburne Lord Chancellor Viscount Talmouth Duke of Queensbury Viscount Barrington Duke of Ancester Viscount Clarke Lord Chamberlain Bishop of London Earl of Litchfield Mr. Secretary Conway Earl of Bristol Hans Stanley, Esq. His Majesty taking the said report [a report ofthe Board of Trade] into consideration was pleased, with the advice of his private Council, to approve thereof, and doth hereby strictly charge, require and command, that the Governor or commander in chief of his Majestv's Province of New York, for the time being, do not, upon pain of his majesty's highest dis pleasure, presume to make any grant whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure shall be known, concerning the same. A true copy— William Shaepe Attest Geo. Banyar, Dep. Se'cry. 244 NEW HAMPSHIRE GRANTS. ernour Colden, the Governours Dunmore and Tryon have each and every one of them in their respective turns of administration, presumed to violate the said royal order, by making several grants of the prohibited premiises, and coun tenancing an actual invasion of your petitioners to drive them off from their possessions. These violent proceedings (with the solemn determination of the Supreme Court of the State of New- York that the Charters, Conveyances &c. of your petitioners' lands were utterly null and void, on which they were founded) reduced your petitioners to the disagreeable necessity of taking up arms, as the only means left for the security of their posses- [p. 53.] sions. The consequence of this step was the pass ing of twelve acts of outlawry by the Legislature of New- York on the ninth day of March 1774, which were not intended for the State in general, but only for part of the Counties of Albany and Charlotte, viz. such parts thereof as are covered by the New Hampshire charters.* Your petitioners having had no representation in that Assembly when the acts were passed,, they first came to the knowledge of them by the publick-papers in which they were inserted. By these they were informed, that ' if three or more of them assembled together to oppose ' what said Assembly called legal authority that 'such as should be found assembled to the number of three or more should be adjudged felons ; and that in case they or any of them should not surrender himself or themselves to ' certain ' officers ap pointed for the purpose of securing them after a warning of seventy days, that then it should be lawful for the re spective judges of the Supreme Court of the Province of New-York to award execution of Death, the same as though he or they had been attainted before a proper Court of Judi catory.' These laws were evidently calculated to intimidate your petitioners into a tame surrender of their rights, and such a state of vassalage as would entail misery to their latest posterity. It appears to your petitioners that an infringement of their rights is still meditated by the State of New York, as we find that in their General Convention at Haerlem the second day of August last, it was unanimously voted, ' That all the quit-rents formerly due to the Crown of Great Britain within this State are now due and owing to this *See Slade's Ver. Pap., pp. 42-48. — Ed. VERMONT ASSUMES GOVERNMENT. 24S Convention, or such future Government as may hereafter [p. 54.] be established in this State.' By a submission to the claims of New- York your petition ers would be subjected to the payment of two shillings and six pence sterling on every hundred acres annually, which compared with the quit-rents of Livingston's, Phillips's and Ransaeler's manors, and many other enormous tracts in the best situations in the State, would lay the most dispropor tionate share of the publick expense on your petitioners, in all respects the least able to bear it. The Convention of New York have now nearly complete a Code of laws for the future government of that State, which, should they be attempted to be put in execution will subject your petitioners to the fatal necessity of opposing them by every means in their power. When the Declaration of the Hon'''® the Continental Con gress of the 4*'* of July last, reached your petitioners, they communicated it throughout the whole of their District ; and being properly apprised of the proposed meeting of delegates from the several Counties and Towns in the District de scribed in the Preamble to this petition, did meet at West minster in said district, and after several adjournments for the purpose of forming themselves into a distinct and separate State, did make and publish a declaration, ' That they would at all times thereafter consider themselves as a free and independent State capable of regulating their own inter nal police in all and every respect whatsoever ; and that the people in said described district have the sole exclusive right of governing themselves in such manner and form as [p. 55] they in their wisdom should chuse, not repugnant to any resolves of the Hon^'° the Continental Congress ; ' and for the mutual support of each other in the maintenance of the Freedom and Independence of the said District or sepa rate State, the said delegates did jointly and severally pledge themselves to each other by all the ties that are held sacred among men, and resolve and declare, that ' they were at all times ready in conjunction with their brethren in the United States to contribute their full proportion towards the main taining and supporting the present just war against the Fleets and armies of Great Britain.' To convey this declaration and resolution to your Hon'''* Body, the Grand representative of the United States, were we, your more immediate petitioners delegated by the united and 246 NEW HAMPSHIRE GRANTS. unanimous voice of the representatives of the whole body of settlers upon the described premises, in whose name and behalf we humbly pray, that the said declaration may be received and the district described therein be ranked by your Honours among the Free and Independent States, and delegates then admitted to seats in the Grand Continental Congress ; — and your petitioners, as in duty bound, &c. New Hampshire Grants, Westminster, 15* January 1777. Signed by order and in behalf of the General Convention Jonas Fay ^ Thomas Chittendon I delegates. Heman Allen [ ° Reuben Jones. J Extract from the Minutes of the Committee of Safety for State of New York. [p. 5 7. J In Committee of Safety for the State of New York, Fishkill, January 20'", 1777. Whereas, until the commencement of the present contest with Great Britain, the inhabitants of Cumberland and Gloucester counties in general submitted to the jurisdiction of! this State ; many of them obtained grants and confirma tions of Title from the late government, and justice was ad ministered by magistrates of its appointment : And whereas a Spirit of Defection and revolt has lately been extended to those Counties through the arts and mis representations of certain people inhabiting the County of Charlotte, distinguishing themselves by the name of the Green mountain boys, and their emissaries : And whereas the Congresses and Conventions of this State have hitherto contemplated the effects of this danger ous Insurrection with silent concern, being restrained from giving it a suitable opposition by the apprehension that it might at so critical a juncture, weaken our exertions in the common cause : And whereas the said Insurgents and their Emissaries, taking advantage of the patient forbearance of this State, and flattered by the countenance and strength which they have acquired by being embodied into a regiment under the immediate authority of the Continental Congress, and with- VERMONT ASSUMES GOVERNMENT. 247 out the consent or co-operation of this state have lately incited divers of the Inhabitants of Towns within the said Counties of Cumberland and Gloucester to unite with them in assuming a total independence of this State, chusing a [p. 58.] separate Convention, and framing a petition to the Honourable Congress for its sanction and approbation of this unprovoked revolt : — And whereas the loss of so valuable a territory as is now attempted to be wrested from this State by the violence of an inconsiderable part of its members, who have, during the present war, received liberal allowances out of the publick Treasury for their more immediate protection, will not only oppress the remainder with the payment of the enormous debts which have accrued in the common cause, but must, at every future period, expose this State to be intruded into and overrun, its jurisdiction to be denied, and its authority contemned and set at Defiance : And whereas, divers ill-disposed persons have, with wicked and sinister purposes, reported that members of the Honourable, the Continental Congress, and other men of Influence and Authority in the neighbouring States do fa vour and support the Insurrection aforesaid : And whereas the said ill-disposed persons have also insin uated that the Honourable the Congress do countenance a design of dismembering this State by appointing Seth War ner who hath heretofore been and still continues a principal agent and abettor of the riot and revolt aforesaid, to com mand the before mentioned regiment : And whereas the appointment of the said Seth Warner is utterly inconsistent with the usual mode adopted in Con gress and approved of in this and the neighbouring States, [p. 59.] and contrary to the express representation in simi lar case made to the Hon'ble Congress on the 1 1 day of July last by the Convention of this State : And whereas such reports and insinuations not only tend to justify the turbulent and disaffected inhabitants of the said Counties, but divers of the good subjects of this State are discouraged from risquing their Lives and Fortunes in the defence of America, while there is reason for appre hending that after all their vigorous efforts and all they have suffered and must continue to suffer for the common cause, and even after a successful period to the present con flict shall have restored Happinefss and Security to their 248 NEW HAMPSHIRE GRANTS. sister States, this State alone may remain exposed to hav- ock, devastation and anarchy, and be deprived of great and valuable Territories to gratify the ambitious, unjust and selfish projects of its disorderly subjects : And whereas the inveterate foes to the Liberties of Amer ica, from the earliest commencement of the present glorious contest have endeavoured to alienate the minds of the good people of this State from the common cause by represent ing that nothing less than the power of Great Britain can guard their territorial rights and protect their jurisdiction against usurpation and Encroachment ; and it is a Truth to be lamented that such representations have proved but too successful, and have now acquired additional Force by rea son of the Premises : And whereas it has become absolutely necessary not only [p. 60.] for the preservation of the authority of this Conven tion and the confidence and respect of its Constituents ; but for the success of the United States, so far as they depend upon or are connected with this Branch of the grand Amer ican Confederacy, that proper and vigorous means should be forthwith exerted for vindicating its rights and asserting and securing its jurisdiction; and as a preliminary step to quieting the aforesaid disturbances, removing the jealousies and apprehensions of the good people of this State, and de priving the wicked emissaries of Great Britain of the prin cipal argument by which they hitherto have, and still con tinue to debauch their minds, and seduce them from their allegiance to this State, and their attachment to the common cause ; a suitable application to the Hon'ble the Congress of the United States may be attended with the most saluta ry effects, and that, in the mean time coercive measures be suspended : Resolved therefore. That a proper application be immediately made to the Hon'ble the Congress, to whose justice the said insurgents have appealed, and on whose advice they pretend to rely, re questing them to interpose their authority, and recommend to the said insurgents a peaceable submission to the juris diction of this State, and also to disband the said regiment directed to be raised by Col" Warner, as this Convention hath chearfully and voluntarily undertaken to raise a Regi ment in addition to the quota designed for this State by Congress ; have opened.their utmost resources to the wants VERMONT ASSUMES GOVERNMENT. 249 and necessities of the American army ; have a very great [p. 61.] proportion of their militia now in the field, and are heartily disposed to contribute to the publick service in every respect as far as the circumstances and abilities of the State will permit. Extract from the minutes Robert Benson, Sec'ry. Letter of the Committee of Safety of New York, signed Abraham. Tenbroeck, to John Hancock, President of Congress. Fishkill, 20 January, 1777. Sir — I am directed by the Committee of Safety of New York to inform Congress that by the arts and Influence of certain designing men, a part of this State hath been prevailed on to revolt and disavow the authority of its Legislature. It is our misfortune to be wounded so sensibly, while we are making our utmost exertions in the common cause. The various evidences and informations we have received would lead us to believe, that persons of great influence in some of our sister-states have fostered and fomented these divisions, in order to dismember this State at a time when by the inroads of our common Enemy we were sup posed to be incapacitated from defending our just claims. But as these informations tend to accuse some members of your Hon'ble Body of being concerned in this scheme, de cency obliges us to suspend our belief. The Congress will doubtless remember that so long ago [p. 62.] as in the month of July last, we complained of the great injury done us by appointing officers within this State without our consent or approbation. We could not then, nor can we now perceive the reason of such disadvanta geous discrimination between this State and its neighbours. We have been taught to believe that each of the United States is entitled to equal rights : In what manner the rights of New York have been forfeited we are at a loss to discover : and although we have never received an answer to our last letter on this subject, yet we did hope that no fresh ground of complaint would have been offered us. The Convention are sorry to observe that by conferring a Commission upon Col" Warner, with authority to name the 250 NEW HAMPSHIRE GRANTS. officers of a regiment to be raised independent of the legis lature of this State, and within that part which hath lately declared an Independence upon it. Congress hath given but too much weight to the Insinuations of those who pretend that your hon'ble Body are determined to support these insurgents ; especially as this Col" Warner hath been con stantly and invariably opposed to the legislature of this State, and hath been, on that very account, proclaimed an outlaw, by the late government thereof. However, confid ing in the honour and justice of the great Council of Amer ica, we hope that you have been surprised into this measure. By order of the House, Sir, I inclose you the Resolution upon the important subject of this letter, and am further to observe that it is absolutely necessary to recall the Com missions given to Col" Warner and the officers under him, [p. 63.] as nothing else will do justice to us and convince those deluded people that Congress have not been prevailed on to assist in dismembering a State, which, of all others, has suffered most in the common cause. The King of Great Britain hath, by force of arms, taken from us five Counties, and an attempt is made in the midst of our distresses, to purloin from us three other Counties. We must consider the persons concerned in such designs as open Enemies of this State, and, in consequence, of all America. To maintain our jurisdictions over our own subjects is be come indispensably necessary to the authority of the Conven tion ; nor will any thing less silence the plausible arguments by which the disaffected delude our constituents and alienate them from the common cause. On the success of our efforts in this respect depends, too probably even the power of Con vention to be longer serviceable in this glorious contest. It is become a common remark in the mouths of our most zealous friends, that if the State is to be rent asunder, and its jurisdiction subverted to gratify its deluded and disor derly subjects, it is a folly to hazard their Lives and fortunes in a Contest, which, in every event, must terminate in their ruin. I have the honour to be with great respect. Sir, your most obed* and hh''' Serv'.. By order, Abraham Tenbroeck, Presd*. Hon'ble John Hancock, Esq. VERMONT ASSUMES GOVERNMENT. 25 I Letter from Abraham Tenbroeck io John Hancock, Presi dent of Congress, dated [p. 65.] Kingston, Ulster County i March, 1777. Sir — The inclosed letters and resolutions were proposed some time since, but for reasons with which you need not be troubled were delayed. Some late proceedings of the disaf fected within this State, occasions their being now trans mitted. I am directed to inform you that the Convention are en gaged in establishing a firm and permanent system of Gov ernment. When this important Business is accomplished, they will dispatch a satisfactory state of their Boundaries, and the principles on which they are founded for the Information of Congress. In the mean time they depend upon the jus tice of your Hon'ble House, in adopting every wise and salutary expedient to suppress the mischiefs which must ensue both to this State and the General Confederacy, from the unjust and pernicious project of such of the Inhabitants of New- York, as merely from selfish and interested motives, have fomented this dangerous Insurrection. The Congress may be assured that the spirit of Defection, notwithstanding all the arts and 'violence of the seducers, is by no means general. The County of Gloucester, and a very great part both of Cumberland and Charlotte Counties, continue stead fast in their allegiance to this Government. Brigadier-Gen eral Bailey's letter, a copy of which is inclosed,* will be a sufficient proof of the temper of the people of Gloucester County. Charlotte and Cumberland continue to be repre sented in Convention, and from very late Information, we learn that out of 80 members which were expected to have attended the mock-Convention of the deluded subjects of [p. 66.'] this State, twenty only attended. We are informed by good authority that Col" Warner was directed by the general to send forward his men as he should enlist them, to Ticonderoga ; notwithstanding which it appeared by a return from thence not long since, that only 24 privates had reached that post ; nor is there the least pros pect of his raising a number of men, which can be an ob ject of publick concern, though instead of confining himself to the Green Mountains, as we understand was the intention * Gen. Bailey's letter has not been found. — Ed. 25 2 NEW HAMPSHIRE GRANTS. of the Hon'ble the Congress, he has had the advantage of recruiting in Albany and other places. I have the honour to be, with great respect. Sir, Your most obedient and h'ble Serv* By order, Ab^ Tenbroeck, Preside. Hon'ble John Hancock, Esq. Order of Congress on the last three mentioned Papers. [p. 67. j In Congress, 7 April 1777. A letter of the 20*'' of January, and one of the i'* of March last from the Convention of the State of New York, with an Extract from the minutes of the Committee of Safety of said State, dated January 20*'' 1777, were received and read. Ordered, That they lie on the Table. Extract from the Journals of Congress. William Ch Houston, D. Sec'ry. Order of Congress on the Declaration and Petition of Inhab itants of N. H. Grants. In Congress, S*^ April 1777. A Declaration and Petition [see ante, p. 242] from sundry Inhabitants of the New Hampshire Grants, was received and read. Ordered, That it lie on the Table. Extract from the Journals of Congress. William Ch Houston, D. Sec'ry. [Note. At this juncture of the controversy, the surrender of Ti conderoga and the invasion of Burgoyne's army rendered it necessary for the new government of Vermont to ask help from New Hamp shire. — Ed.] aid to VERMONT. 253 SECTION VI. Vermont asks Aid from New Hampshire. Letter from Ira Allen to the Committee of Safety in New Hampshire urging immediate assistance. [State Pap. N. H., vol. VIII, p. 632.] Manchester, 15*" July, 1777. In Council of Safety, State of Vermont. Gentlemen^ — This State in particular seems to be at present the object of Destruction. By the surrender of the Fortress Ticondero ga a communication is opened to the defenceless inhabitants on the Frontier, who, having little more in present store than sufficient for the maintenance of their respective Families, and not ability immediately to remove their effects, are there fore induced to accept such Protections as are offered them by the Enemy : By this means those Towns who are most contiguous to them are under necessity of taking such Pro tection by which the next Town or Towns become equally a frontier as the former Towns before such Protection ; — and unless we can obtain the assistance of our friends so as to put it immediately in our power to make a sufficient stand against such strength as they may send, it appears that it will soon be out of the power of this State to maintain a frontier. This country, notwithstanding its infancy, seems as well supplied ['with] provisions for victualling an army as any country on the Continent ; so that on that account, we cannot see why a stand may not as well be made in this State, as in the State of New Hampshire ; and more espe cially as the inhabitants are heartily disposed to defend their Liberties. You, Gentlemen, will be at once sensible, that every such Town as accept protection, are rendered at that instant forever incapable of affording us any further assist ance ; and what is infinitely worse, as some disaffected per sons eternally lurk in almost every Town, such become 254 NEW HAMPSHIRE GRANTS. double fortified to injure their country; our good disposi tions to defend ourselves and make a frontier for your State with our own, cannot be carried into execution without your assistance : Should you send immediate assistance we can help you, and should you neglect till we are put to the ne cessity of taking protection, you readily know it is in a mo ment out of our power to assist you : your laying these cir cumstances together, will I hope induce your Honours to take the same into consideration and immediately send us your determination in the Premises. I have the satisfaction to be your Honours most obed* and very Hum''' serv* Ira Allen, Sec^. The Hon''' Council of Safety State of New Hampshire. P. S. By Express this moment arrived, we learn that be tween 3 & 6 Thousand of the Enemy are fortifying at the Town of Castleton — our case calls loud for immediate as sistance. (On Public service.) I. Allen. Letter from Ira Allen, relating to hastening on Troops to Vermont, &c. [State Pap. N. H., vol. VIII, pp. 633, 634.J Manchester, 15*'^ July, 1777. In Council of Safety, State of Vermont. To all Militia Officers whom it may concern : This is the second and perhaps the last Express we may be able to send you from this post. Your immediate Assist ance is absolutely necessary : a few hundred militia troops to be joined to our present strength would greatly add to our present encouragement ; as, by very late information we learn that a large scout of the enemy are disposed to take a Tour to this Post, the inhabitants with their families cannot be quieted without an assurance of the arrival of troops di rectly for their assistance : You will please to let us know your determination without delay. The Continental Store at Bennington seems to be their present aim. You will be supplied with provision here on aid to VERMONT. 255 your arrival. Pray send all the troops you can possibly raise. We can repulse them if we have assistance. I have the honor to be your most obed* Hum''' Serv* By order of Council, Ira Allen, Sec^. Letter from Meshech Weare, in answer to Ira Allen asking assistance as above. [Slade's Ver. State Pap., p. 80.J Exeter, July 19, 1777. Sir — I was favoured with yours of the 15*'' inst. yesterday by express, and laid the same before our General Court who are sitting. We had, previous thereto, determined to send assistance to your State.* They have now determined that a quarter part of the Militia of twelve regiments shall be immediattely draughted, formed into three battalions, under the command of Brig. Gen. John Stark, and forthwith sent into your State, to oppose the ravages and coming forward of the enemy ; and orders are now issuing, and will all go out in a few hours to the several Colonies for that purpose. Dependence is made that they will be supplied with provisions in your State ; and I am to desire your Convention will send some proper person or persons to Number Four, by Thursday next, to meet Gen. Stark there, and advise with him relative to the route and disposition of our Troops, and to give him such information as you may then have, relative to the manoeu vres of the enemy. In behalf of the Council and Assembly, I am. Sir, your most obedient humble servant, Meshech Weare, President. Ira Allen, Esq. Secretary of the State of Vermont. [Note. The fortunate result of the assistance rendered in this emer gency, by the victory of Stark at Bennington on the 16th of August en suing, is matter of history. Subsequently, the rigorous views of the government of New York seem to have been much softened, as appears by the proclamation of Gov. Clinton, which follows. — Ed. * By mistake, the order to Gen. Stark, dated July 19, 1777, was printed, in N. H. State Pap., vol. viii, p. 310, "July 19, 1776." — Ed, 256 NEW HAMPSHIRE GRANTS. Proclamation of Governor George Clinton of New York, February 23, 1778. [See Slade's Ver. State Pap., pp. 82-84.] By his Excellency George Clinton, Esq. Governor of the State of New York, General ofall the Militia, and Admiral ofthe Navy ofthe same. A PROCLAMATION. :j^ — ^ 'Whereas the Senate and Assembly of this State, did by ^- their several resolutions, passed the twenty-first day of this : nstant month of February, declare and resolve, That the disaffection of many persons, inhabiting the north eastern parts of the County of Al bany, and certain parts of the Counties of Charlotte, Cumberland and Gloucester, clearly included within the ancient, original, true and lately established bounds of this State, arose from a contest about the prop erty of the soil of many tracts of land, within those parts of the said counties respectively : That the said contest was occasioned, partly by the issuing of divers interfering patents or grants, by the respective Governments of New Yorlt on the one part, and those of Massachusetts Bay and New Hamp shire on the other, antecedent to the late establishment of the eastern boundary of this State ; partly by an higher quit-rent reserved on the said lands when re-granted under New- York, than were reserved in the original grants under New Hampshire or Massachusetts Bay, and the exorbitant fees of office accruing thereon ; and partly by a number of grants made by the late Government of New York, after the establish ment of the said Eastern boundary, for lands which had been before granted by the Governments of New Hampshire and Massachusetts Bay, respectively, or one of them ; in which last mentioned grants by the late government of New York, the interest of the servants of the Crown, and of new adventurers, was, in many instances, contrary to jus tice and policy, preferred to the equitable claims for confirmation, of those who had patented the lands under New Hampshire or Massachu setts Bay : That the aforesaid disaffection has been greatly increased, by an Act passed by the Legislature of the late Colony of New- York, on the ninth day of March, in the year of our Lord one thousand seven hundred and seventy-four, entitled, "Anact for preventing tumultuous and riotous assemblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters : " * That many of the aforesaid dis affected persons, though unjustifiable in their opposition to the authority of this State, labour under grievances, arising from the causes above mentioned, which, in some measure, extenuate their offence, and which ought to be redressed : — That, therefore, the Legislature of this State, while on the one hand, they will vigorously maintain their rightful supremacy over the persons and property of those disaffected subjects, will, on the other hand, make overtures to induce the voluntary submission of the delinquents :— That an absolute and unconditional discharge and remission of all *See Slade's Ver. Pap., pp. 42-48. — Ed. AID TO VERMONT. 257 prosecutions, penalties and forfeitures, under the above-mentioned Act, shall be an established preliminary to such overtures ; which overtures are as follows, viz. — 1st. That all persons actually possessing and improving lands, by title under grants from New Hampshire or Massachusetts Bay, and not granted under New-York, shall be confirmed in their respective pos sessions. 2d. That all persons actually possessing and improving lands, not granted by either of the three Governments, shall be confirmed in their respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be neces sary to form the same into a convenient farm ; so as the quantity to be confirmed to each respective person, including his possession, shall not exceed three hundred acres. 3d. That where lands have heretofore been granted by New Hamp shire and Massachusetts-^diy, or either of them, and actually possessed in consequence thereof, and being so possessed, were, afterwards, granted by New-York, such possessions shall be confirmed ; the poste rior grant under New-York, notwithstanding. Provided always. That nothing in the above regulations contained, shall be construed to determine any question of title or possession, that may arise between different persons claiming under New Hampshire or Massachusetts-Bay, or between persons claiming under New Hampshire on the one, and under Massachusetts-Bay on the other part independent of any right or claim under New- York. 4th. That, with respect to all such cases, concerning the aforsaid con troverted lands, as cannot be decided by the rules exhibited in the aforegoing articles, or some of them, the Legislature of the State of New-York, will provide for the determination ofthe same, according to the rules of justice and equity, arising out of such cases respectively, without adhering to the strict rules of law. 5th. That in all cases, where grants or confirmations shall become necessary, on acceptance ofthe above overtures, such grants or confir mations shall issue to the grantees, at, and after, the rate of five pounds for a grant or confirmation of three hundred acres or under ; and for every additional hundred acres, the additional sum of sixteen shillings ; except in cases, where lands shall be granted or confirmed to divers persons in one entire tract ; in which case, the grants shall issue, respec tively, for fifteen pounds each ; which allowances shall be in lieu of all other fees or perquisites whatsoever. 6th. That whenever, agreeable to the above regulations, new grants or confirmations shall become necessary under this State for lands hith erto granted by New Hampshire or Massachusetts-Bay, the same quit- rent only shall be reserved, which was reserved in the original grants under New Hampshire or Massachusetts-Bay. 7th. That where lands, heretofore granted by New Hampshire or Massachusetts Bay, have been, since, confirmed to such grantees by new grants under New York, the quit-rents on such lands, shall be re duced to what they were in the original grants under New-Hampshire or Massachusetts-Bay. 8th. That in order to encourage the settlement of the aforesaid dis puted lands, in a peaceable subjection to the authority and jurisdiction of this State, and also of all other lands held within and under this State, the following commutation for quit-rents shall be allowed, viz : — 17 258 NEW HAMPSHI;RE GRANTS. That on payment, at the rate of two Shillings and six pence, lawful money. Of this State, into the treasury of this State, for every penny sterling of quit-rent reserved ; or, on delivering into the same, of seventeen times the quantity of grain or other commodity reserved for such quit-rent, the same shall thence forward be utterly discharged, and forever cease and be extinguished. That these overtures should be offered with a view, not only to induce the aforesaid discontented inhabitants of the Counties of Albany, Char lotte, Cumberland and Gloucester, to return to a lawful and rightful obe dience to the authority and jurisdiction of this State, but also in favor of all others whom the same may concern ; and to be of no avail to any person or persons whatsoever, who shall, after the first day oi May next, yield or acknowledge, any allegiance or subjection to the pretended state of Vermont, the pretended government thereof, or to any power or authority pretended to be held or exercised thereunder. That the foregoing Overtures, on the condition above expressed, be tendered for acceptance to all persons, to whose care the same, or any or either of them, do or shall apply, upon the public faith and assurance of Jhe legislature and government ofthe State oi New York, pledged to such person and persons for the purpose. That the several branches of the Legislature of the State of NeW York, will concur in the necessary measures for protecting the loyal in habitants of this State, residing in the counties oi Albany, Charlotte, Cumberland and Gloucester, in their persons and estates, and for com pelling all persons, residing within this State and refusing obedience to the government and legislature thereof, to yield that obedience and alle giance, which by law and right, they owe to this State. And whereas. The said Senate and Assembly of this State of New- York, have also, by their resolution, requested me to issue my Procla mation, under the privy seal ofthis State, reciting their aforesaid decla rations and resolutions, and strictly charging and commanding all manner of persons in the name ofthe people ofthe State oi New-York, to take due notice thereof, at their peril, and govern themselves accord- inly : I DO THEREFORE hereby, in the name of the people of the State of New York, publish and proclaim the aforesaid declarations and reso lutions ; and I do hereby, strictly charge and command all manner of persons within this State, at their peril, to take due notice of this Proc lamation, and of every article, clause, matter and thing therein recited and contained, and to govern themselves accordingly. Given under my hand, and the privy seal of the State of New York, at Poughkeepsie, in the County of Dutchess, the twenty-third day of February, in the year of our Lord, one thousand seven hundred and seventy-eight. GEO. CLINTON. God SAVE the People. [Note. The foregoing proclamation was not accepted by the people of Vermont. An able answer was made to it bv Ethan Allen, in August, 1778. (See Slade's Ver. State Pap., pp. 85-88.)— Ed.] OBSERVATIONS, ETC. — AN ADDRESS. 259 Note. About this time a pamphlet appeared, signed " Republican," which advocated and recommended the formation of a new state, to be com posed of towns on both sides of the Connecticut river, whose centre or capital should be Dresden. The following is an exact copy of said pamphlet (which is very rare), found in the library ofthe Massachusetts Historical Society, Boston : ' [Title-page.J Observations on the right of jurisdiction claimed by THE States OF New York and New Hampshire, over the New Hampshire Grants (so called) lying on BOTH sides of Connecticut-River. In a letter to the inhabitants on said Grants. Danvers : Printed by E. Russell, at his printing — [cut off in trim ming]. MDCCLXXVHL Friends and Fellow Citizens. My acquaintance with Your Political State and circumstances, and of the difficulties attending You, induces me to present You with the fol lowing Remarks and Observations, which, according to my apprehen sion, may serve in some measure to point out the way for a removal of them : And as my only design is to promote the Public Good, if it should have that effect, it will much more than compensate Your real Friend for his little pains. — You will observe, I have proposed to con sider the Right of Jurisdiction claimed over You by the States of New York and New-Hampshire.— -In prosecuting which I shall begin with the Origin of that Jurisdiction, and pursue it down to the present time* Shall therefore begin by taking notice " that King fames the First, by his Patent, dated November 3*, 1620, incorporated the Duke of Lenox, the Marquisses of Buckingham and Hamilton, The Earls of Ar undel and Warwick, Sir Fernando Gorges, and thirty-four others, by the name of the Great Council, established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New-Eng land, in America." And grants to them and their successors and " assigns all that part oi America lying and being in breadth from the 40° of northerly latitude from the equinoctial line to the 48° of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the main lands from sea to sea, together also with all the firm lands, soil, grounds, havens, &c. Provided always, that the said islands or any the premises by the said letters patent in tended and meant to be granted be not actually possessed or inhabited by any other Christian Prince or State." This Great Council established at Plymouth as aforesaid soon granted 260 NEW HAMPSHIRE GRANTS. all the lands contained in their said Grant (as they supposed) to the several New-England Colonies, and resigned their Grant into the King's hands ; and among the several grants they made, they granted to the an cestors of Robert Mason, Esq ; his heirs, &c. a tract of land about twen ty-four miles on the sea shore, extending back into the Country about sixty miles, commonly called New-Hatnpshire ; which lands on the east erly part of them next to the sea soon began to settle, but were much prevented by the Indian wars, and the settlers were under no regular form of Government, except that the Massachusetts-Bay in some meas ure exercised Jurisdiction over them. In this situation they continued until after the restoration of Charles the Second, and in the sixth year of his reign a commission was granted to John Cutts, Esq ; President ofthe Council established for the ruling and governing of said New- Hampshire, bounding it as follows, viz. "Lying and extending from three miles northward of Merrimack-'River, or any part thereof, unto the province of Maine (No. " E.") " — Afterwards, in said commission there is this further clause, vis. "And it appearing unto Us that the an cestors of Robert Mason, Esq ; obtained Grants from our Great Council of Plymouth for the tract of land aforesaid, and were at great expence upon the same," &c. "Whereby it appears that said province oi New- Hampshire as it was then bounded, and the grant to the said Mason was one and the same tract of land ; under which form of Government said province of New-Hampshire continued until a commission was granted to Benning Wentworth, Esq ; enlarging the extent of said prov ince by including all the lands in said Grants on both sides of Connecti- cz^/-River, with power of granting them in the name of the King ; and also right of Jurisdiction over the whole ; which Governor Weiitworth granted great part of those lands included in said Grant previous to the sixth year of the reign of George the third, when his said commission was revoked, and a commission granted to John Wentworth, Esq ; to preside Governor over the same extent of Territory ; who continued in his seat of government until the commencement of the present war, and then left it vacant. — These commissions are all the Grants that were ever made or given to said province oi New-Hampshire relative to their Civil Government ; and were held subject to alteration or revocation at the pleasure of the Crown : And the said John Wentworth while he presided Governor as aforesaid granted the remainder of the lands on said Grants ; and in consequence thereof the Grantees have entered up on them and cultivated and improved them, extending from said former province of New-Hampshire, or said Mason^s westerly line westward to Lake-Champlain or thereabouts ; southerly to the north line of the Mas sachusetts-Bay ; northerly to the Canada line, and easterly to the prov ince of Main. These Grants remained under the Government of New-Hampshire until about the year 1764; when a determination of the Lords of the Board of Trade and Plantations was obtained by the Province of New- York, that the Jurisdiction of the Grants west of Connecticut-River should be under New-York ; at the same time confirming and approving those Grants by Governor Wentworth as aforesaid. In this situation the Government on those Grants continued until the commencement of the present war ; since which the several Conventions and Assemblies of the State oi New York claim Jurisdiction over those Grants west of Connecticut- River, and the Conventions and Assemblies of the State of New-Hampshire claim Jurisdiction over the Grants east OBSERVATIONS, ETC. — AN ADDRESS. 26 1 of said River, nothwithstanding the refusals to submit and repeated remonstrances against said claim. In order therefore to examine the justice of them, it will be necessary to consider them distinctly and apart. And First, — All the right that ever New York had, either to the Soil or Jurisdiction of those Grants west of Connecticut-River, came by vir tue of the Royal Grant to the Duke of York ; this is the only basis of the extent of said Province or State oi New-York, except the decree of the Board aforesaid. It will be necessary therefore in this inquiry to recite part of said Royal Charter, so far as it relates to the bounds and limits thereof, together with date, &c. But before we proceed shall take notice that at the time of the Grant made by King James to the Council established at Plymouth as aforesaid, the Dutch and Sweeds ¦were in possession oi New-York, Albany, and part of the Jersies ; and about that time or a little after and before 1653 there was a settlement of some French at a place called St. Croix near to New-Scotland (alias) Nova-Scotia (and a few families of Dutch settled at Hartford on Con necticut-River, which settlement at Hartford was evacuated long before the Grant to the Duke of York, and all pretensions to any claim on Con necticut-River given up.) I now proceed to observe that 1664 (there being a war between the English and Dutch') King Charles meditated sending a force to cause the Dutch to surrender the lands by them pos sessed on Hudson'' s River, and on the 12th of March, 1664, by his let ters patent " Gave and granted to his Royal Brother James, Duke of York all that part of the main-land in New-England, beginning at a cer tain place called and known by the name of St. Croix next adjoining to New-Scotland in America, and from thence extending along the sea coast unto a place called Peroniquie or Pieniquid and so up the River thereof to the furthermost head of the same as it tendeth northward, and extending from thence to the River Kenebeque and upward by the shortest course to the River Canada northward ; and also all that island or islands commonly called by the several name or names Mattawacki or Long Island, situate, lying, and being toward the west of Cape-Cod and the Narragansett, abutting up the main land between the two Rivers there called and known by the names of Connecticut and Hud- soii's-River, and all the land from the west side of Comiecticut-River, to the east side of Delaware-Bay. And also all those several islands called or known by the names of Martin'' s-Viney ard and Nantucks, otherwise czSKeA Nantucket , together with all the lands, soils, islands, &c. and all the estate, right, title, interest, benefit, advantage, claim and demand of, in, or to the said lands and premises, or any part or parsels thereof." 'And at the same time gave a commission to Colo nel Richard Nichols to dispossess the Dutch and take possession thereof in behalf of his Brother the Duke of York, which was accordingly exe cuted in the month of August 1664, and Colonel Nichols remained in the Duke's Government three years, and in June 1670 the Dutch Government was again revived and continued until 1674 on a treaty of peace signed at ¦Westminster in February. The English Government was restored, and on the 29* of June 1674 his Royal Highness the Duke of York obtained from the King a new Patent of the same lands and territories in the same words with the former differing only in the date.' Having thus far recited the bounds and limits of the Grant to the Duke of York which is all that can be claimed in favor of the present State of New-York, as to the extent of their Jurisdiction as being 262 NEW HAMPSHIRE GRANTS. patentees or Assignees to the Duke, I shall now proceed to consider in a legal and rational point of light, and show that by a fair construction it cannot be supposed to include those Grants or any part of them -west of Connectimit-River. — Therefore, in the first place take notice that two thirds or more of the lands and territories literally contained in the Duke's Grant were so obviously absurd (as to its holding them) that all pretensions of claim to them have been laid aside from the beginning ; and scarcely any part thereof is holden according to the literal and express words of the Grant. — This therefore makes it necessary to in quire upon what principle or construction they do or can hold ? — I an swer by the reserve made in the Grant of King James to the Council established at Plymouth as before recited, viz. "All lands, &c. in the possession of some other Christian Prince or State ; " and had it not been for this proviso or reserve the Duke would have taken nothing by his Grant ; For all except this was granted to the Council of Plymouth, and by them regranted, &c.— Therefore the fair construction of the grant must be that it includes all the lands within the limits of New- England that were in the possession of sotne Christian Prince or State other than the King of England at the time of granting to the Council oi Plymouth as aforesaid, and no more. — Consonant to this construction has been the practice and proceeding of all parties concerned from the beginning : To this we may observe that the subduing the Dutch in order to obtain possession for the Duke was as early and even coeval with the Grant itself. — And when the Dutch had revolted from under the English government and were a second time brought under subjec tion the Duke applied for a second Grant of the same land which plainly shews he was apprehensive that his first Grant was lost by the revolt of the Dutch ; and also that the lands they were in possession of, ajid which they claimed, were the lands and territories contained in his Grant ; agreeable to this have been all the settlement of the limits and boundaries of this Grant by the Duke, his Patentees, or Assignees 'with the other Colonies adjoining to them from first to last. — Also the bounds and extensions ofthis Grant clearly show that this was the intent of it. — For observe, the Grant expressly extends to every part of New-Eng land vihexe there had been any settlement of any foreign nation, though ever so remote from the main object, viz. New York ; -which cannot be rationally accounted for but upon this principle, viz. to include all the lands that were reserved as aforesaid. Much more might be said to establish this construction of the Grant, but I think what has been as signed is sufficient, at least for my present purpose : And therefore shall only observe, that if this construction be true, and there was no settle ment or claim of the Dutch or any other Christian Prince or State other than the English on or near Connecticut-River at the time of granting to the Council of Plymouth or the Duke of York there can be no pre tensions of extending said Grant to Connecticut-River or any part thereof. I shall observe once more, that even by the literal expressions in said Grant or Patent it cannot be supposed to include those lands ; for the only clause in said Grant that can be pretended to include the lands on which said Grants are is this, viz. "And all the land from the west side of Connecticut-River to the east side of Delaware-Bay. ''' — Now all the lands that may be fairly said to lie between those two extremes may be said to be included by that clause, and those lands which cannot be said to lie between those boundaries cannot be said to be included. OBSERVATIONS, ETC. — AN ADDRESS. 263 although they may be said to lie west of Connecticut-River : For observe by the expression they must lie east of Delavyare-Bay as well as west of Connecticut-River. — Therefore for ti"ial's sake let us suppose a line drawn from the mouth of Connecticut-River to the east side of Delaware- Bat; even to the northern extent of it. — This I believe without dispute 'would leave all, or nearly all the lands on the main west of Connecticut- River to the north ; this construction therefore won't answer : Then let us suppose a line drawn from the head of said River to the east side of Delaware-Bay, and then the lands on those Grants will still lie west ward, and not be included : There is therefore but one way that I can possibly think of that will comport with the phrase and include the lands in question ; and that is to extend Delaware-Bay in the same degree of longitude that it is now in as far north as the head of Connecticut-River, and then all the lands west of Connecticut-River and east of Delaware- Bay would be included by that clause so as to take in the lands on the said Grants ; such a construction every unbiassed mind will reject. — I shall therefore dismiss this point relative to the right of Jurisdiction merely by the extent of said Grant, and proceed to the consideration of it in a different view : For whether the lands on those Grants are in cluded in the Grant to the Duke of York or not, the fee of them has been granted by the Crown to the present Grantees and since confirmed to them ; so that Jurisdiction is the only matter in dispute. The light in which I shall now consider this right is relative to the decree of the Lords of Trade and Plantation before-mentioned, 'which, I suppose, is the greatest right that can be urged in favor of the qlaim. And in this point of light I consider all the grants upon equal footing: For as to any con nexions by grant or charter either with the State of New- York or New- Hampshire, I have observed there is none, except royal commissions to Governors in the one case, and a decree of the Lord's in the other, that can be challenged as giving them a right to exercise Jurisdiction in thig case. Let us therefore consider what the nature and design of these commissions to exercise Jurisdiction over particular territories and ex tent of lands are. V^. They are altogether exparte without the privity, knowledge, or consent of the People governed ; for they never know by whom or in what manner they are to be governed until the commission be published. 2*. They are held only at the pleasure of the Crown ; and that too by being liable to alteration at any time as the Crown shall see fit. 3"*. It is an express command to the subjects to submit and obey; this is all the People can claim any right to : In short it amounts to this ; do you A. B. or C. exercise government or rule over my subjects in such a place during my pleasure according to such and such rules, and such others as I shall give you from time to time ; and do you my people as subjects obey according. — I ask in this case what act or choice the people have in this jurisdiction any more than a com pany of slaves have in a plantation under the government of one driver to-day and a new one to-morrow? Those who think this is pointed too high are desired to read either of those Governor's commissions at their leisure. Therefore what absurdity is it to urge that since this oppres sive arm of power is broken, and the oppressed set at liberty to govern themselves, that therefore one part has right of Jurisdiction over the other part merely because they were once under the same master by mear compulsion ; that this is the case relative to the People on these Grants is clear and indisputable, for this Jurisdiction has been changed 264 NEW HAMPSHIRE GRANTS. twice if not three times in the course of twelve or fourteen years without the least of their privity or consent. Such Jurisdictions as these there fore never bind a people together any longer than the force that first compelled continues over them, and when that ceases they in point of social compact revert to a state of nature. No part in this case can claim right of Jurisdiction over the other without claiming power from the same fountain. One thing more enters into the consideration of this right which I shall take notice of in this place ; and that is the local situation of the people in a particular state or Jurisdiction ; when they are so situated that they cannot attend upon the matter of Government that concern them with any tolerable convenience, it becomes necessary for an alteration of the extent of such Jurisdiction. Otherwise the de sign of Government would be entirely frustrated. I know in govern ments when the people had htde or nothing else to do but to obey Royal Mandates, &c. the more remote they were from the seat of gov ernment the better; but in Republican States it is otherwise, there every one has more or less to do, and therefore ought to be so situated that he can act his part, otherwise he has no share in the Government. "When any part of a State is so situated that the Inhabitants cannot at tend upon the matter of Government within the State with any tolerable degree of convenience, this ill effect will always follow, viz. That they will grow remiss and negligent, and thereby expose themselves to be overreached and oppressed by the other part. Froivi what has been said therefore relative to the right claimed by Ifew- York and New Hampshire over the said Grants on account of these Royal Commissions or Impositions, it is clear and plain that it is alto gether founded in force and compulsive power, and not in compact and agreement, which power upon the Declaration of Independence of the United States became null and void, and therefore, there being no com pact or agreement of the People whereby they became united with either of those States, they in that case reverted to a State of nature as to Government, and stand entirely unconnected with them. This being the case necessity, the Providence of God, your own interest and pru dence call upon you to put yourselves into a state of Government either by connecting with some State already formed, or by erecting your selves into a new and distinct State. If you have already pursued all reasonable measures for a Union with some other State to no effect, or your local and other circumstances are such as render it extremely diffi cult if not impracticable to be united with any State already formed, your indispensible duty is to form yourselves into a distinct State, and that without delay. The common cause in which we are all embarked, your interest, and especially that of the orphan and widow, and your morals suffer by the delay. — But doubtless there will be objections aris ing in the minds of some against proceeding at this time : I will therefore endeavor to mention the most material and answer them. And I". It will be objected that you are not of sufficient ability to support and maintain Government. — To this I would only say, you are much more able in any respect than any of the United States were when they first began their respective Governments. Objection 2^. We have not yet fully established our Independence ; let us finish that matter first, and then see about erecting new States, &c. — To this I would answer. The only way to vanquish our inveterate Enemy and support our Independence is first to regulate and settle OBSERVATIONS, ETC. AN ADDRESS. 265 matters at home ; for while things remain in confusion among ourselves, we may expect they will be so throughout : Hence ariseth the difiiculty of raising our army, equiping, cloathing them, &c. — And further as the United States are all setded and settling their plans of Government, for you to be still or in part to act with them until all things are settled, and then break off and set up a new State would be imposing upon and dealing deceitfully with them : Besides you will thereby give" up your natural right of forming into a State of Government, and lie at the will of those with whom you have acted whether you shall have the liberty or not. — "Therefore now is the time either to go forward and act on the affair or give up all pretensions of ever doing anything about it hereaf ter. In addition to this you may be assured that whoever lives to see matters abroad fully settled respecting the present dispute will also see greater altercations and sharper contests about our internal police and domestic affairs, if they remain unsettled until that time, than we have yet seen, or men and things will be much altered from whatever they have been. But I pass to another Objection, viz. That there is no supreme power yet erected by the United States to make and grant Jurisdiction to any new State, and therefore it cannot now be done. — I answer it is true there is no such power yet erected, and I pray God there never may be ; for should there be such a power established, these Republican States would thereby become a Monarchy. — It will be asked then, why was it that all States or Bodies Politic heretofore obtained Jurisdiction from the Crown before they pretended to exercise Government? And if nec essary then why not now from some supreme power? The reason is this, the King of Great-Britain was Lord of the fee, and Chief Magistrate of all executive power throughout his Dominions ; therefore all Government was exercised in his name and by his authority. This will therefore lead us to inquire from whence this power of Jurisdiction must now arise ? I answer from the People who are to be the subjects of this Gov ernment, the true and Original Source of all Government, there is noth ing more or less that can give one man right to rule and exercise Gov ernment over another but his agreement and consent thereto ; therefore all that is necessary to give any body of men power or right to exercise Government in and over themselves, is their mutual compact and agree ment for that purpose. — 'When this is done they have all the power they can or ever will have from any true source or fountain ; nay they are not under the necessity of asking liberty of any other power thus to confederate together, &c. — Neither is there any power on this Continent (except Lord or General Howe) that will pretend either to give leave or forbid in this case ; therefore the objection is of no force. — It will be asked then whether upon a new State being formed on this Continent or (we will say) on these Grants, they have anything to do with the United States in order to be a complete State for Civil Government? I answer as to their internal police or Civil Government simply considered they have not ; but in a relative sense they have ; and in this way, when they once become a distinct State or Body Politic then they are a proper member or body to be treated with and received into Union and Con federation with this great and Aggregate Body, and not before : In this way only can they become one of the United States, viz. by the United States agreeing to receive, and the particular State agreeing to unite with and submit to the terms and conditions of this Aggregate Body. Thereby they become a proper subject of its controul and Government. 266 NEW HAMPSHIRE GRANTS. — Thus you may plainly see that all Government from the highest to the lowest is founded in compact. But methinks these observations will produce the curiosity to know in what point of light this particular State would be considered, when formed and presented to the United States for acceptance, should it then be rejected? I answer the United States would treat them as a neighbor according to their behavior : For al though they should not receive them they cannot in justice annihilate them, because they having never been connected with ,them, are not under their power or controul. Therefore if they behave as an honest Neighbor they will treat them accordingly, but if their conduct should be inimical to the United States they will be treated as enemies. This doubtless would be the case. Thus, Gentlemen in a brief manner I have endeavored to point out your political situation and circumstances, and your duty relative there to. I shall therefore close with a word of advice ; and that is, if you should think it expedient upon what has been observed to proceed in forming a distinct State, by all means be unanimous and consider your selves on these Grants as being all on the same foundation. Act to gether as one collective body so situated by the Providence of God, as clearly point out the necessity and convenience of your being united in a distinct State. — Therefore divisions among yourselves either by riv ers, mountains or the like may prove fatal ; especially in respect to your acceptance and approbation by the United States, &c. Much will de pend on your joint and unanimous proceedings ; I therefore submit the whole to your candid perusal : And am. Gentlemen, Your most obedient and humble servant, REPUBLICAN. January 6, 1778. POSTSCRIPT.Containing Observations wrote since the Publication of the Articles of Confederation of the United States of America. Since my finishing the foregoing I have had opportunity to peruse the proposed Ardcles of Confederation of the United States, and think it necessary to make some Observations on the second and ninth arti cles, which I conceive are of importance to consider, especially as to the proper time for your Uniting and forming into a distinct State, &c. — You will take notice that by the fecond article "Each State is to retain its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by the Confederation expressly del egated to the United States in Congress assembled." You will observe also that in the ninth article provision is made for the hearing and determining matters of dispute between any two or more States relative to Jurisdiction, boundary, or any other matter what- e-yer ; but no provision for Congress to hear or determine any matter of dispute between one partof a State and the other; but are prevented by the second article. — Neither is there any provision for Congress to inter pose relative to dividing any State or States, for the purpose of erecting a new State or Jurisdiction, or of transferring any part of one to the Jurisdiction of another, &c. This matter is left to each particular State OBSERVATIONS, ETC. — AN ADDRESS. 267 to determine as they shall think proper : This is agreeable to what I before observed, that as to erecting particular States or Jurisdictions the United States in Congress had nothing to do, neither would they intermeddle in those matters.— Therefore all the particular States as to their Powers, Jurisdictions, and Rights as they are or will be when the Confederation takes place and Government is settled in the respective States will be unalterably established and must so remain as long as the Confederation lasts, unless they shall see fit to alter themselves, the probability of which I leave every one to judge who knows that men and bodies of men are governed by self-interest. — This I think a suffi cient answer to those who are for putting off the affair until all public matters are settled and then enter upon making new States, &c. They in that case will be told it is now too late ; this consideration therefore will make it necessary to enquire more particularly what steps are pm dent to be taken by the Inhabitants living on the Grants east of Con- necticul-Rieer, especially as we find the present assembly of New-Hamp shire " have directed the several towns and districts if they see fit to instruct their Representatives at their next sessions to call an Assembly by a full and free election to convene together for the sole purpose of establishing a permanent plan of Government for the State," and there fore many will say perhaps such a plan will be settled as will give satis faction to all parties concerned : And further that it is our indispensible duty to assist in forming this plan in order if possible to have it so done that we may be satisfied, but if after all we cannot obtain such a plan as appears to us just and equitable we will not connect with them but seek after connections somewhere else. — But let me tell you my friends that whatever town or district undertakes to act in forming a plan of Govern ment for the State, when once the plan is formed and settled, be it what it will, like or not like it, they are as effectually bound by it as if they had made it altogether themselves ; for you cannot act in the least without first unitirig and when once united, whatever that Body does will be considered as your act as much as theirs. — Therefore if you con sider yourselves now unconnected, and that it is your duty and interest to seek after connection with them, and still retain liberty in your o'wn hands until such time as you can agree to unite, the only proper way is, to propose such terms as you are willing to unite upon, and if agreed to then a union may properly take place ; but if not agreed to, then you are at liberty to act otherwise as you think proper. — Therefore every one may know for certain if he once begins to act in this affair he must abide the consequences, for having put his hand io the plough he can't look back. — I urge this the more not to dissuade those who think it their duty and interest to seek after connection, but that they may act with their eyes open, and not dabble in those matters, and afterwards complain that they are unjustly dealt with ; therefore all such as are wiUing to join with said State in forming a plan of Government, and run the venture of obtaining such an one as may be agreeable, let them join, they have a right so to do. — But those that are not, if they intend to keep their hands at liberty by no means ought to meddle in the least. — And as things seem to be ripening fast to a settlement relative to governmental affairs whatever ought to be done ought not to be delayed. Finis. 268 NEW HAMPSHIRE GRANTS. [Note. The paper which follows, evidently written in answer to the foregoing, was copied from a manuscript in the hand-writing of the Hon. Timothy Walker, of Concord, who at the time, 1778, was a member of the Council of the State. 'When or in what form it was published is not known."" — Ed.] An Address to the Inhabitants of the New Hampshire Grants (so called) lying westward of Connecticut River. [By Hon. Timothy 'Walker, Concord, N. H.] Friends and Fellow Country-Men. The occasion of my addressing you at this Time, is the sight of a very insignificant Pamphlet, the other Day thrown in my way, intitled Observations &c. relative to your affairs, lately printed at Danvers, by E. Russel. I should not think this performance worthy of the least Notice, but that I am certainly informed, that it is circulated up your way, on both sides of the River, and is much relied upon, and has a great effect in misleading the less knowing and judicious, and betraying them into dangerous errors, both in Judgment and Practice, destructive of the Public 'Welfare. 'Were we to judge of the Author's design by his Introduction, and indeed, by the bulk of his performance, we should suppose that (however vague and ineffectual it is to any such purpose) he proposed to offer something of use for your direction and assistance, in your endeavors to extricate yourselves from the many Troubles and perplexities you have, for a number of years, been embarrassed with, in consequence of your subjugation to the Government of New York. But by some scattered Hints through the whole, and, especially the last page of his Postscript, I am led to judge that the author's principal view, vras to pave the way, and facilitate the introduction of a number of Towns on the east side of the River Connecticut into your new forming State. My design is, to offer some things to your consideration, which, if they shall appear of equal weight to you, as they do to me, I imagine you will judge them sufficient reasons to bar such a coalition. The au thor's labored pretense to trace the two Provinces of New York and New Hampshire from their origin, which take up so much room in his performance, serves no other end that I can perceive, than to show his own gross Ignorance in those matters ; for, whatever title the Duke of York had, either with respect to soil or jurisdiction, in any part of America, either as a Patentee under his Brother, or afterwards in his own Right, as King, he soon lost it all, together with his Crown, by his misrule ; and New York, ever since the Revolutionf (be its bounds where they may) has been considered as a Royal Government in contradis tinction from the Charter and Proprietary Governments. No less Ignorant does he seem to be, with respect to the origin of New Hampshire, which, as far as respects Jurisdiction, was, from the beginning, a Royal Government ; Capt. John Mason, by several Grants from the Council of Plymouth, had all the land assigned him, between Salem Eiver and Piscataqua River, and sixty miles up into Land ; to *The copy was furnished the editor by Joseph B. Walker, Esq., of Concord, grandson of Judge Walker.— Ed. f That is, in England, 1649. AN ADDRESS IN REPLY TO "REPUBLICAN." 269 which he gave the name of New Hampshire, but it was not in the power of that Council to give him Jurisdiction over an Inch, so that, his dis tinction between Mason's New Hampshire and the King's New Hamp shire, is the most idle whim that ever entered into the Head of an en thusiast in Politicks. No less ignorant does he seem to be of the English Constitution and mode of expression, where he speaks of " a Decree of the Board of Trade," as the foundation of your subjugation to the Government of New York. The Board of Trade pass no decrees in such cases, but act as a sort of Committee, who are to enquire into all circumstances of any affair submitted to their cognizance, and to report to the King and Privy Council their opinion what is best to be done. But, to pass over this and some other Things as of little or no impor tance, and come to matters of Fact : New York, ever since the Revolu tion, and New Hampshire from the beginning, had been considered as Royal Governments ; and there, I suppose, both Lawyers and Politi cians, in both Englands, are agreed, that the King's Commission is the Magna Charter, or rather the vivifying Principle that puts life into the Constitution, as well as determines its Limits and many other circum stances ; and now, as the boundaries of these two Provinces, as far as they bordered upon the Charter Governments, had been ascertained, so, when these were passed by, the place where the two Royal Govern ments were to meet had not been plainly and explicitly determined, until the year 1764, or thereabouts ; — that is, the King had never told his governor of New Hampshire, in express terms, how far west he should go, and there stop, nor his Governor of New York how far East he should go and then cease, until the Aera last mentioned. Now, this being the case, it was by the English Constitution a matter of mere prerogative, that is, it was in the King's Power, to fix this line where and as he pleased ; but this, as all acts of Power, should be guided by 'Wisdom, conducted by Justice, and tempered by Goodness. Now, I suppose, it was the want of these amiable attendants of Power, in this instance of its exertion, that is the principal ground of your complaint ; that is, you were, in a manner contrary to all good Policy, and subversive of the very end of Government, surreptitiously, as it were, torn and dissevered from a Province, under whose auspices you settled, where your connections, acquaintance and business lay, and where you had reason to expect and hope for a good share of those comforts & advantages which render society elegible and Government beneficial, and subjected, as it were, to a foreign Jurisdiction, where these blessing could not be enjoyed at all, or but in a very imperfect degree. This, however slightly and confusedly it is, as it were glanced at by this Author, I suppose is the principal source of your peculiar troubles. But now, my Friends, is any thing like this the case with re spect to those Towns on the East side of the River, now about to join you? Exactly the reverse — Every step in the whole progress of their Settlement, from its infancy to its present improved state, has been with the entire consent of the people. They have, in every possible way (except personally signing an instrument for the purpose) expressed their satisfaction in their situation, as a part of New Hampshire, in a manner and to a degree that rather verged towards Adulation, than ex hibited the least sign of disgust and uneasiness. They applied to the Governor of New Hampshire and obtained of him Grants of their Lands and Charters of Incorporation, held their Town meetings regularly, 270 NEW HAMPSHIRE GRANTS. chose their Town officers, transacted all business -which Towns usually do, without the least lisp of murmur or complaint. Gentlemen have taken and executed Commissions, both Civil and Military, and when the Province was divided into Counties, one of those very Towns, who are now aiming at a defection, was honored as a shire Town, and, at an expense bordering on profusion, erected a Court House, held their stated Courts, &c. &c. The Governor of New Hampshire attended the Commencement at Dartmouth College, (where the people nowjoin in the defection) escorted by the principal Gentlemen in the vicinity, and there treated with all the eclat and magnificence that could be exhibited on the occasion. Thus matters stood, when the British administration stretched the Iron Rod of Tyranny and Despotism over these Provinces, in a manner and to a degree that left no man secure in the enjoyment of his Property or even of his life. At this dark Period, Delegates from the several Provinces were de sired to meet in General Congress to deliberate and determine what could be done to ward off the fatal Blow. Now, these very Towns, by their Representatives, met with their Brethren, the Representatives of the other towns of New Hampshire, and joined with them in the choice of Delegates which made a part of that August Body which now figures in the principal Courts of Europe, and is particularly honored by the Alliance and guarantee of so great a Prince as the Grand Monarque. But now, if the Principle which this author lays down, and which is the basis of his whole superstructure, (viz. That the Declaration of In dependence dissolves all political relations and connections) be admit ted, as not only true in theory, but also carried into practice, by this single blow of the clumsy Fist of this dabbler in politicks, the glorious Fabrick (American Independence) which I suppose I may say is the admiration of all Europe, and the Esteem of all, with a very few exceptions, will be laid prostrate, jumbled into a huge heap of sand, without any cement to hold it together. For, if Provincial Lines that were universally acknowledged and acquiesced in, both by Governors and Governed, as the true boundaries of the several Provinces, be re jected as of no validity, most certainly all subordinate Corporations, depending upon the same authority must share the same Fate. And thus, the fine Country that bids so fair to shine in the annals of futurity, is at once reduced to a State of Nature (the Author's own words) and must soon sink under its own weight. But, this is not all ; there is a minority in each of these Towns, which sees things as they are ; who look upon themselves as bound by every Social Tie, to approve them selves as liege subjects of the State of New Hampshire ; and, conse quently, in obedience and conformity to this Principle, which Reason dictates and Religion patronizes, they refuse subjection to any Rules, Regulations or Orders of what name or nature soever, inconsistent with the Faith they have plighted to the State of New Hampshire. — These, when they find themselves unable to bear up against the torrent of Rage and Oppression from their cruel Neighbors, will, doubtless, apply to the State of New Hampshire for protection. I must confess, I dont see howthey can, and I have no apprehension that they will, reject such application ; but, after all lenient measures have been used, without success, they must and will employ the Power of the State to vindicate AN ADDRESS IN REPLY TO "REPUBLICAN." 271 and protect their thus injured subjects, altho at the expense of the Blood and Treasure of another Civil 'War. Now, pray Gentlemen, consider what an unfavorable light you will stand in with the Confederated States, when you are considered as the abettors at least and accomplices in these scenes of devastation and bloodshed : particularly consider what a fund of Eloquence and Oratory you are laying up in store for the use of New York to be played off against you, whenever your case comes to be candidly discussed before the Continental Congress, (for I am persuaded it must first or last come be fore that august Assembly) you, in a manner, put words into their mouths, and direct them to address that Venerable Body in such lan guage as this : — " You now plainly see. Gentlemen, what these men are aiming at ; that, however modest and submissive a tone they may, at certain times or on special occasions have assumed, yet, they now begin to throw off the mask, and discover the latent Principle of Malignity ¦which has all along been at the bottom as the animating spring of all that disturbance which they have occasioned. We appeal to facts, Gentlemen ; you have a recent instance before you which jjlainly show they are for grasping all they can lay hold of, Right or 'Wrong. They have gone over the Line of New Hampshire, where they had not the least shadow of pretence, to intermeddle, more than in any other ofthe States of the Confederacy ; and have been, at least, accessory towards raising a Storm, which no one knows where or how it will be ap peased." I have but one thing more to add, and that is a hint, that it is pretty well known in New Hampshire, that the disappointments of a sniall junto of aspiring, avaricious men, in their endeavors to raise themselves and their connections to a degree of importance in the State, far, very far, beyond what their numbers or Estates gave them any pretence to, is the source of all this feud. Now unless the course of nature should change and similar Causes should cease to produce similar Effects, one may venture to predict, that this Spring wont lose its stimulus and change its vibratory nature, by being turned the other way, but will be active in endeavors to embarrass and perplex your Affairs. I have purposely avoided a particular Address to our Seceding Breth ren, on the East side of the River Connecticut, because I understand their rash proceeding has so awakened the attention of the State, that it will probably be matter of public enquiry when the General Court meets ; and it might appear officious in a private Subject to anticipate a Business which will be much better done by the united 'Wisdom of the State. However, that they may not think themselves wholly neglected, if there be any weight in the reasoning and observations in the foregoing Pages, if they will be pleased to read them, they may, with the altera tion of a few circumstances, apply them to themselves ; and they will find many of them, A fortiori, to conclude against their own conduct. Thus, Gentlemen, I have honestly endeavored to lay before you the Truth respecting an affair not only of great importance in itself, to the Peace and 'Weel of those immediately concerned in it, but also will, if not seasonably checked, go far in its consequences towards sapping the foundation of the Confederation of the United States ; and am your sincere Friend and well wisher, in all honest pursuits. Pacificus. July 18, 1778. 272 NEW HAMPSHIRE GRANTS. SECTION VII. [First attempt of Border Towns in New Hampshire TO UNITE with VeRMONT.J [Vermont had no sooner organized a government than a disposition was manifested by a portion of the inhabitants in border towns east of Connecticut river to dissolve their connection with New Hampshire, and unite with the people of Vermont. Accordingly, on the nth of March, 1778, a petition from sixteen towns on the east side of Connecticut river was presented to the legis lature of Vermont, in session at 'Windsor, praying to be admitted into its Union. This led to a direct controversy between New Hampshire and Vermont."* — Ed.] notes by the editor. 'With a view to a clear understanding of the controversy between New Hampshire and Vermont, including especially the disputes about "Ma son's Une" (so called), which was claimed as the western boundary of New Hampshire, the editor takes this opportunity to make the following statements : The original territory of New Hampshire consisted of grants from the council of Plymouth to Capt. John Mason, — the first dated Nov. 7, 1629, and the second April 22, 1635. In both grants (see Prov. Pap. N. H., Vol, I, pp, 21, 32) the western bound from the sea-coast was limited to three-score miles, A dispute in due time arose both as to where the exact limit should be fixed, and whether the western bound should be a curve or straight line. On these questions, which were not finally set tled until 1787, Dr, Belknap, in his History of New Hampshire, Vol. Ill, pp. 13, 14, 1812, says, — "The Masonian proprietors claimed a curve line as their western boundary ; and under the royal government no person had controverted that claim. 'When the war with Great Britain was terminated by the peace of 1783, the grantees of some crown lands, with which this line interfered, petitioned the assembly to ascertain the limits of Mason's patent. The Masonians at the same time presented a petition, showing the pretensions which they had to a curve line, and praying that a sur vey of it, which had been made in 1768 by Robert Fletcher, might be established. About the same time, the heirs of Allen, whose claim had long lain dormant for want of ability to prosecute it, having consulted council, and admitted some persons of property into partnership with them, entered and took possession of the unoccupied lands within the limits of the patent ; and in imitation of the Masonians, gave general *See Slade's Ver, Pap., p. 89.— Ed. FIRST UNION WITH VERMONT. 273 deeds of quitclaim to all bona fide purchasers, previously to the first of May, 1785, which deeds were recorded in each county, and published in the newspapers. They also petitioned the assembly to establish a head line for their patent. "After a solemn hearing of these claims, the assembly ordered a survey to be made of sixty miles from the sea on the southern and eastern lines of the state, and a straight line to he run from the end of one line of sixty miles to the end of the other. They also passed an act fo quiet all bona fide purchasers of lands between the straight and curve lines, so far as that the state should not disturb them. This survey was made in 1787 by Joseph Blanchard and Charles Clapham. The line begins on the southern boundary, at lot No. 18, in the town of Rindge. Its course is north — thirty-nine east. Its exent is ninety-three and one half miles. It ends at a point in the eastern boundary which is seven miles and two hundred and six rods northward of Great Ossapy river. This line being established, as the head line or western boundary of Mason's patent, the Masonians, for the sum of forty thousand dollars in public securities and eight hundred dollars in specie, purchased of the state all its right and title to the unoccupied lands between the straight line and the curve. The heirs of Allen were then confined in their claim to those waste lands only which were within the straight line. They have since compromised their disputes with the proprietors of eleven of the fifteen Masonian shares by deeds of mutual quitclaim and release. This was done in January, 1790." The question of the true head line of Mason's patent is exceedingly complicated, and perhaps impossible to be accurately determined. In the original grant to Mason, of November 7, 1629, the said grant in cluded " all that part of the mainland in New England lying upon the sea-coast, beginning from the middle part of Merrimack river, and from thence to proceed northwards along the sea-coast to Pa'scataqua river, and so forwards up within the said river, and to the furtherest head thereof, and from thence north-westward, until three-score miles be fin ished from the first entrance of Pascataqua river ; also, from Merrimack through the said river, and to the furtherest head thereof, and so for wards up into the lands westwards, until three-score miles be finished ; and from thence to cross over land to the three-score miles end, ac compted from Pascataqua river." This grant, as modified and confirmed April 22, 1635, still limited the extent into the interior to three-score miles west, and on the eastern bound north-westerly the same extent, and then to cross over from one end to the other (see Prov. Pap. N. H., vol. I, pp. 21, 32). In their eagerness, perhaps, to make the most of their patent, the Masonians claimed that the cross line from the south-western to north erly bound should be a cuTve line, or the arc of a circle of sixty miles from a point on the sea-coast. But evidently the quantity of land taken in by a sweep of sixty miles would depend much on the starting-point, and much more whether it should be a straight line or a curve. This, therefore, became a matter of dispute and litigation. The curve line, as drawn on Mr. Carrigain's map, 1816, commences at the south-western end, in Fitzwilliam, and in its sweep across to the north-eastern bound passes through Marlborough, Roxbury, Sullivan, Marlow, Washington, Goshen, New London, 'Wilmot, Orange, Hebron, 18 274 NEW HAMPSHIRE GRANTS. Plymouth, Holderness, Campton, Sandwich, Burton, to or near the south line of Conway. Mr. Carrigain says, on his map, that "a survey made in 1768 carried the eastern end of the Mason curve line ten miles further down. Hence the straight line of 1787 runs to the S, W. corner of Rindge. In agreement with this statement, we find that the straight line drawn on Dr, Belknap's map, 1791 (see Belk. Hist, of N. H., vol. I, 1812), commences at the western end, in Rindge, and runs through Jaffrey, Peterborough, Greenfield, Francestown, 'Weare, Hopkinton, Concord, Canterbury, Gilmanton, across Lake 'Winnipiseogee, "Wolfe borough, Tuftonborough, to Ossipee. The difference in the quantity of land, as measured by the curve or by the straight line, is, to say the least, worth some litigation. These complications were finally settled by acts of the legislature. As this is important to a full understanding of the matter, the action of the general assembly is here inserted. The Mason Line determined. In the House of Representatives, January 9'" 1787. Report of Committee on unimproved Lands. "The Committee on ascertaining the waste or unim proved Lands belonging to the State Reported that they recommend that a Bill be brought in appointing and fully authorizing a Committee to settle and ascertain the western line of a Tract of Land originally granted to Capt. John Mason, commonly called the Masonian Line. That said Committee agree with the owners or claimants of said Grant in running, marking and establishing said Line in such way and manner as they may mutually agree — but in case the said owners or claimants & the said Committee should not agree in settling said line, that then the Committee proceed to run and mark said line agreeably to the tenor and con* struction of the original grant or grants of the same, and make report thereof to the General Court. The Committee recommend. That some Court be partic ularly impowered or a new Court erected to try and deter mine all matters relative to the performance or non-perform ance of charter conditions of Lands granted in this State, known by the name of King's grants — and that as soon as such court shall be authorized or erected ; that the Attor ney General be directed from time to time, as the General Court shall think proper, to summon before said Court the owners or claimants of such granted Towns or located lands, FIRST UNION WITH VERMONT. 275 as the said General Court shall suppose deficient in per forming their respective Charter conditions, to shew cause why their said Lands should not be declared forfeit, and to obtain before said Court an equitable determination thereon. Signed, Elisha Payne, for the Committee. Which report being read and considered. Voted, That it be received and accepted, and that a Bill or Bills be brought in accordingly. [Concurred by the Senate.] " [Agreeably to the foregoing report and recommendation of the com mittee, a bill was passed on the 15th of January, 1787, entitled "An act for ascertaining the waste lands belonging to this State." (See Rec. of Acts, 1784 to 1789.)— Ed.] On the 28"^ of June, 1787, Another Act was passed, enti tled "An Act to quiet all bona fide purchasers of lands be tween a line crossing over lands upon a strait course from the North-east extremity of the East line of Mason's pat ent; being sixty miles from the Sea on a strait line and running to the extremity of the Western side line of said patent, at sixty miles distance from the sea, on a strait line, and the curve line so called, claimed by the persons calling themselves the Masonian proprietors, as the head line of said patent." [Copy of said Act.] L.S. Whereas doubts may arise in the minds of honest Settlers, and bona fide purchasers, that they may be disturbed in their possessions, if the lands between the said head line at the end of sixty miles and the said curve line should be recovered and taken possession of by the State : Wherefore, to remove all such doubts — Be it enacted, by the Senate and House of Representatives in General Court convened, That all lands situate between the said curve and strait lines, which were bona fide granted or sold by the King of Great Britain, or by the persons calling tiiemselves the Masonian proprietors, or by the persons claiming the lands within the said patent in the right of Samuel Allen, Esquire, prior to the first day of June, 1786, be and hereby are quieted in the title of lands so purchased, so far as that the State shall not hereafter disturb or inter fere with such titles. And be it further enacted. That such persons as have entered and made improvements upon tracts of land between 276 NEW HAMPSHIRE GRANTS. the said curve and strait lines, that have not been hereto fore granted or sold by the King of Great Britain, the Ma sonian proprietors, or the heirs of Samuel Allen, Esquire, such persons or Inhabitants shall be quieted in their posses sions upon paying to this State the value of uncultivated lands in the vicinity of the same. And be it further enacted. That the Boundaries of all Townships within this State, shall be & remain as hereto fore fixed & established, notwitstanding any alteration that may happen in the establishment of the head line of said Patent: /"w^^/^^-a?, nevertheless, that nothing in this Act contained, shall be construed to extend to lands now claimed by persons commonly called the Masonian Proprietors or their heirs, or the proprietors claiming under Samuel Allen, Esquire, or their heirs, in their own right, or any Township granted or conveyed to and among themselves, not bona fide conveyed to any other persons, or to any lands reserved by them, or either of them, to and for the use of themselves and their heirs. State of New Hampshire, In the House of Representatives June 28*'' 1787 : — The foregoing bill having been read a third time. Voted that it pass to be enacted. Sent up for concurrence. John Sparhawk, Speaker. In Senate the same day. This bill having been read a third time, Voted that the same be enacted. Jn" Sullivan, President. [Note. The foregoing statement of facts serves to show the diffi culty of fixing a head line which should be satisfactory to all parties interested, and also raises a question how far the projected new State ¦would extend east of Connecticut river. — Ed.] [p. 73.] State of Vermont \ In General Assembly, June 1 1**" Bennington, SS. | 1778. On the representation of a Committee* from the New Hampshire Grants (so called) east of Connecticut River, that the said Grants are not connected with any State with * The editor has searched in vain for the original papers containing this "representation," as also for the preliminary proceedings which led to it. first union with VERMONT. 277 respect to their internal police, and that sixteen Towns in the northwestern part of said Grants have assented to a union with this State agreeable to articles mutually pro posed by this Assembly and a committee from the grants east of said River, as by said Articles on file more fully may appear ; Therefore Voted and Resolved that the sixteen Towris above referred to, viz, Cornish, Lebanon, Enfield, Dresden, Canaan, Cardigan, Lime, Orford, Piermont, Haverhill, Bath, Lyman, Gunthwaite, Apthorp, Landaff and Morristown, be and hereby are entitled to all the privileges and immunities vested in any Town within this State. Aso Voted and Resolved, that any Town on the Grants east of Connecticut River, contiguous to any of the Towns above mentioned, and which has not yet assented to a union with this State, shall be received, on their exhibiting to the Assembly a Certificate of a Vote of a major part of the In habitants of such Town in favor thereof; or on their ap pointment by a ma.jor part of the Inhabitants of such* Town of a member to represent them in the Assembly of this State ; and that they shall thereby become entitled to all the Rights appertaining to any Town within this State agreeable to the Rules prescribed in the Constitution. Attest. Benj* Baldwin, Jun"^ Clerk. A true copy of Record, compared pr Tho's Chandler, Jun"^ Sec'^. Letter from Nehemiah Estabrook to Meshech Weare, trans mitting Resolves of the State of Vermont, about the union of certain towns with them, dated Orford, June 25* 1778. [p. 71.] HoN=^ Sir — The Convention of Committees from the several Towns mentioned in the inclosed Copies take this opportunity to transmit to you as President of the Council of the State of New Hampshire, a Resolve of the Assembly of the State of Vermont relative to a union of said Towns with them, by which you will be avail 'd of the political situation of these United Towns & others, on the grants who may comply with said Resolve. We hope that notwithstanding an entire sep eration has now taken place between your State and those 278 NEW HAMPSHIRE GRANTS. Towns, an amicable settlement may be come into at a proper time between the State of New Hampshire and those Towns on the Grants that unite with the State of Vermont, relative to all civil and military affairs transacted in connec- [p 72 1 tion with the State of New Hampshire, since the commencement of the present war to the time of the union, so that Amity and Friendship may subsist and continue between the two States. I am, Sir, in behalf of said Convention, with respect, Your most obedient Humble Servant, Nehemiah Estabrook,* Chairman. To the Hon"« M. Weare, Esq^ President of the Council of New Hampshire. Letter from Meshech Weare to the New Hampshire Dele gates in Congress on the subject of the above union, dated [p. yy?^ Exeter, Aug* 19, 1778. Sir — By order of the Council and Assembly of this State, I am to inform you that the pretended State of Vermont, not contented with the limits of the New Hampshire Grants (so called) on the West side of Connecticut River, have ex tended their pretended jurisdiction over the River, and taken into the Union (as they Phrase it) sixteen towns on the east side of Connecticut River, part of this State who can have no more pretence for their defection than any other towns in the State ; the circumstances of which you are well acquainted with : And great pains is used to persuade other towns to follow their example. Enclosed I send you the copy of a Letter from Mr. Estabrook who stiles himself chairman of the Convention of Committees from several Towns &c., also the copy of a Resolve of the s"^ nominal State of Vermont ; on which you will make your own com ments. By the best information I have from that County about * Nehemiah Estabrook was of Lebanon. In 1776 he was one of the selectmen of the town, and deacon of the church. He presided at a meeting of several adjacent towns, held at the College hall in Hanover, July 5, 1776, to consider the perilous condition of the frontier towns, and to obtain assistance from the assembly of New Hampshire. (See State Pap., vol. VIII, pp. 248, 297, 298.)— Ed. FIRST UNION WITH VERMONT. 279 one third — nearly one half- — of the people in the defective Towns are averse to the proceedings of the majority, who threaten to confiscate their estates ff they don't join with them ; and I am very much afraid the affair will end in the shedding of Blood. Justices of the Peace have been ap pointed & sworn into office in those towns under the pre tended authority of s* Vermont. I must not omit to let you know that Col" Bedel* who has rec'^ great sums from Con gress or their Generals under pretence of pays men for service they never did (as I am informed) by the influence of s* money has occasioned a great share of the disorders in those Towns. I am directed to desire you on receipt of this to advise with some of the members of Congress on this affair & proceed as you may judge expedient after ad vising as afores"^. Endeavor to obtain the aid of Congress, if you think they can with propriety take up the matter. Indeed unless Congress interferes (whose admonition only will be obeyed) I know not what consequences will follow ; very possible the sword will decide it, as the minority in those towns are claiming protection from this State, and they think themselves bound by every tie to afford it ; and you know every condescending method that could be in vented, has been offered them in the beginning of the Schism and was rejected. I doubt not of your application and efforts in this matter, which if effective will exceedingly serve the State and probably prevent numberless calamities to the People. Hon. Josiah Bartlett & John Wentworth, Esq" Letter from President Weare to Governor Chittenden, dated Exeter, August 22, 1778. (Copied from Slade's State Pap., p. 91.) Sir — Although I have had information that the people settled on the New Hampshire Grants (so called) west of Connect icut River, had formed a plan for their future Government, and elected you their first magistrate ; yet, as they have not * Col. Timothy Bedel was a resident in Haverhill, and an influential citizen. — Ed. 280 NEW HAMPSHIRE GRANTS. been admitted into the confederacy of the United States as a separate, distinct body, I have omitted to address you in your magistratical style, and not out of disrespect to you, or the people over whom you preside ; which, in these circum stances, I doubt not, your candor will excuse, and that you will attend to the important subject of this address. A paper has been laid before the General Assembly, attested by Thomas Chandler, jun. as Secretary of the State of Vermont, dated June ii, 1778, purporting a resolution of the General Assembly of the State of Vermont, to receive into union with said State, sixteen towns on the east side of Connecticut river ; and leave, or rather, an invitation, to any towns contiguous to those sixteen, to enter into the sarne union. On which I am directed to represent to you, and to desire it may be laid before the representatives of your people, the intimation in said resolve, that the said sixteen towns, ' are not connected with any State, with respect to their internal police,' is an idle phantom, a mere chimera, without the least shadow of reason for its support. The town of Boston, in Massachusetts, or Hartford in Connecticut (if disposed) might, as rationally, evince their being unconnected with their respective States, as those sixteen towns their not being connected with New Hamp shire. Were not those towns settled and cultivated, under the grant of the Governor of New Hampshire ? Are they not within the lines thereof, as settled by the King of Great Britain, prior to the present era ? Is there any ascertaining the boundaries between any of the United States of Amer ica, but by the lines formerly established by the authority of Great Britain .? I am sure there is not. Did not the most of those towns send delegates to the Convention of this State in the year 1775 ? Have they not, from the commence ment of the present war, applied to the State of New Hamp shire for assistance and protection .' It is well known they did — and that New Hampshire, at their own expense, hath supplied them with arms, ammunition &c. to a very great amount, as well as paid soldiers for their particular defence ; and all at their request, as members of this State — whence then, could this new doctrine, that they were not connected with us, originate ? I earnestly desire that this matter may FIRST UNION WITH VERMONT, 28 1 be seriously attended to ; and I am persuaded the tendency thereof, will be to anarchy and confusion. When I consider the circumstances of the people west of Connecticut River, the difficulties they encountered in their first settlement, their late endeavors to organize govern ment among themselves, and the uncertainty of their being admitted, as a separate State, into the confederacy of the United States, I am astonished that they should supply their enemies with arguments against them, by their con necting themselves with people, whose circumstances are wholly different from their own, and who are actually mem bers of the State of New Hampshire. A considerable num ber of inhabitants of those sixteen towns (I am well in formed) are entirely averse to a disunion with the State of New Hampshire, and are about to apply to this State for protection ; indeed, some have already applied. And are not th'e people in this State under every obligation, civil and sacred, to grant their brethren the needed defence .' I beseech you. Sir, for the sake of the people you preside over, and the said people, for the sake of their-future peace and tranquillity, to relinquish every connection, as a political body, with the towns on the east side of Connecticut river, who are members of the State of New Hampshire, entitled to the same privileges as the other people of said State, from which there has never been any attempt to restrict them. I am, Sir, with due respect. Your obedient humble servant, Meshech Weare, President of the Council of the State of N, H. Hon. Thomas Chittenden, Esq. 282 NEW HAMPSHIRE GRANTS. [Note. On the receipt of this letter, Governor Chittenden convened the council, and Gen. Ethan Allen was requested to repair to Philadel phia to ascertain the views entertained by congress of the proceedings of Vermont. On his return Gen. Allen made report as follows : — Ed.] [Copied from Slade's Ver. State Pap., pp. 92, 93.J To his Excellency, the Governor, the Honourable the Coun cil, and to the Representatives of the freemen of the State of Vermont, in General Assembly met* Gentlemen — The subscriber hereto, begs leave to make the following report, viz. By the desire of his Excellency, and at the request of several of the members of the honourable the Council, to me made in September last, I have taken a journey to Phila delphia, in order to gain knowledge how the political situa tion of the State of Vermont stood, in the view of Con gress ; — which I here exhibit. On the 16*'' day of September last, I am informed by members of Congress, that the delegates from the State of New Hampshire exhibited to Congress a remonstrance (which they had previously received from the Council and Assembly of said Statef) against the proceedings of the State of Vermont, with respect to their taking into union a number of towns, on the east side of Connecticut river, and in their inviting other towns to revolt from New Hamp shire ; a copy of which I herewith exhibit : a matter, which they allege, was incompatible with the right of New Hamp shire, and an infringement on the confederacy of the United States of America ; and, therefore, desired the Congress to take the matter under consideration, and grant some order thereon, to prevent the effusion of blood, and the confusion an'd disorders which would, otherwise, inevitably ensue. The delegates from New-York, at the same time, exhib ited to Congress sundry papers, containing allegations " At this session of the legislature representatives from ten of the six teen towns on the east side of Connecticut river took their seats in the general assembly.— 'Williams's Hist. t This remonstrance has not been found. The committee appointed to draw it up were, on the part of the house. Col. Hobart, Mr. Gains, Mr. Odiorne, Mr. Porter, and Capt. "Calfe; and on the part ofthe coun cil Mr. Walker and Mr. Thompson. (N. H. State Pap., vol. VIII, p. 790.) — Ed, '^ FIRST UNION WITH VERMONT. 283 against the State of Vermont, which, after some altercations, were admitted ; and it was agreed that the same, together with the remonstrance from the State of New Hampshire, should be taken under consideration, on the afternoon of the 18"', by a Committee of the whole house; — at which time it was moved to be brought forward ; but urgent business occasioned its being deferred to the 19*''; at which time I arrived at Philadelphia, and being immediately informed of the business by some of the members of Congress, I used my influence against its being hastily determined ex parte; and particularly objected to the complaints from the States of New Hampshire and New York, their being both consid ered at the same time, alledging that they were of a very different nature. And, in consequence of this, together with my earnest request and application, I obtained assur ance that the matter should not be brought to a decision before I could have an opportunity to lay the matter before this people ; as I had, previously', let the members of Con gress know, that the Assembly of this State was to sit at this time ; and I engaged to transmit the proceedings of this Assembly to Congress, as soon as they transpired at their request. The allegations, thrown by New- York, received a most severe shock on the perusal of my late pamphlet in answer to his Excellency Governor Clinton's proclamation, dated in February last, containing overtures to the inhabitants of this State ; as well as from my large treatise on the nature and merit of the New York claim, and their treatment to the inhabitants of this now State of Vermont. In fine, the New York complaints will never prove of sufficient force in Congress, to prevent the establishment of this State. But, from what I have heard and seen of the disapprobation, at Congress, of the union with sundry towns, east of Connect icut river, I am sufficiently authorized to offer it as my opinion, that, except this State recede from such union, immediately, the whole power of the Confederacy of the United States of America, will join to annihilate the State of Vermont, and to vindicate the right of New Hampshire, and to maintain, inviolate, the articles of confederation, which guarantee to each state their privileges and immu nities. Thus, Gentlemen, I have given you a short representation 284 NEW HAMPSHIRE GRANTS. of the political situation of this State as it now stands in the General Congress of the United States of America, upon which I stake my honour. Given under my hand, at Windsor, this 10'^ day of Oct. A. D. 1778. Ethan Allen. [Note. Immediately upon this report, the legislature of Vermont, agreeably to the opinion and advice of Gen. Allen, took measures " to recede from the Union" which had been formed with the sixteen towns east of Connecticut river. The record of their proceedings is found in full in Slade's Vermont State Papers, pp. 94-101, and also in '' Governor and Council Records " of Vermont, vol. I, Appendix, pp. 405-426 — of which the essential points relating to the discontinuance of the Union are indicated by votes on the three following questions : — Ed.] [p. 79,] Windsor, October 21^', 1778, Assembly met, ac cording to adjournment; the following Questions were pro posed, and answered, as herein stated, (viz,) Question i''. Whether the Counties in this State shall remain as they were established by this Assembly at their session in March last ? Yeas 35. Nays 26. Question 2°'^. Whether the Towns East of the River in cluded in the Union with this State, shall be included in the County of Cumberland .? Yeas 28. Nays 33. Question 2''^. Whether the Towns on the East side of Connecticut River, who are included by Union within this State, shall be erected into a distinct County by them selves ? Yeas 28. Nays 33. [Note. The votes on the several questions foregoing, virtually re scinded the union which had been formed, inasmuch as they disallowed any and all of the said sixteen towns any connection, either with the already established counties of Vermont, or any county by themselves. Hence, against these proceedings was entered the following Protest, viz. : — Ed.] FAILURE OF UNION WITH VERMONT. 285 Protest of members of the General Assembly of Vermont, representing New Hampshire towns east of Connecticut river, and border towns west. [p. 81.] State of^^ I Windsor, October, 22^1 1778. We whose names are under written, members of the Council and General Assembly of said State, beg leave to lay before the Assembly the following as our Protest and Declaration against their proceedings on Wednesday the twenty-first instant, in passing the three following votes or Resolutions, viz. " i^' That the Counties in this State shall remain as they " were established by the Assembly of this State in March " last. 2'^'^ That the Towns on the east side of the River " included in the union with this State, shall not be included " in the County of Cumberland. 3'^'^ That the Towns on the " east side of the River shall not be erected into a distinct " County by themselves." (As by said votes on the Journal of the House may appear :) which votes are illegal, and in Direct 'violation of the Constitution of this State, and the Sollemn Engagements and publick . faith Pledged by the Resolutions of said assembly, as by the following observa tions plainly appear ; (viz.) I** That as the Towns on the east side of said River were never annexed to any County in said State they are conse quently by said votes intirely excluded the Liberties, privi leges, Protection, Laws and Jurisdiction of said State ; — all which were granted them by the State, by an Act or Re- [p. 83.] solve of Assembly passed at Bennington in June last, containing the union and confederation of the State and said Towns, by which Act or Resolve of Assembly every Town included in the union Received by a Grant from the then State of Vermont all the rights, powers and privileges of any other Towns in said State ; which they cannot be deprived of without their consent, — as it is a maxim, that the Grantor or Grantors cannot Resume their grant without the surrender of the Grantee or Grantees. 2"'^ That said votes are in Direct opposition to a Solemn Resolution of the Assembly Passed the 20**^ Instant Estab lishing the Report of the Committee of both Houses, in which Report the Assembly have solemnly covenanted to 286 NEW HAMPSHIRE GRANTS. Defend the whole of the State entire, as it then was, includ ing said Town. y^ That by the Constitution of the State, especially the sixth Article in the Bill of Wrights, Government is instituted or Declared to be a right of every part of the Community, and not a part only — said Votes are therefore a violation of the Constitution. 4"^ That so far as the Assembly have power, they have, by said votes totally destroyed the Constitution of the State, by Depriving those Towns included in the union, of the [p. 84,] Exercise of Jurisdiction, power or Privilege granted them ; and the Confederation by which the Towns in the State are combined and held together as one body ; — and as no political Body can exercise a partial jurisdiction by vir tue of a Confederation or agreement for the people, to ex ercise Government over the whole : it is therefore either void or Destroys both the Confederation and Constitution. We do therefore hereby publickly declare and make known that we cannot consistant with our Oaths and En gagements to this State (so long as said votes stand and continue in force) exercise any office or place either Legis lative, Executive or Judicial in this State ; but look upon ourselves as being thereby Discharged from any and every former Confederation and Association with this State. Joseph Marsh, D. G. Stephen Tilden Peter Olcott, Ass* Tho' Baldwin Tho' Mordock, Ass' Jcha'^ Ormsbee Elisha Payne Reuben Foster Israel Morey John Wheatley James Bailey John Nutting John Young Nehemiah Esterbrooks Joseph Hatch Abner Chandler Abel Curtis Francis Smith Alex'i Harvey Benjamin Baldwin Bela Turner Elijah Alvord Jon'' Freeman Joseph Parkhurst David Woodward Benjamin Spaulding. Beza. Woodward failure OF UNION WITH VERMONT. 287 Letter from Thomas Chittenden to Meshech Weare relating to towns east of Connecticut river, dated Windsor, 23'^'^ Ocf 1778. [p. 85,] Sir — I am directed by the Council and Assembly now sitting to acquaint your honor that they have had under consideration, the subject of your letter to me, dated the 22"^ day of August last. Whereupon they have Resolved that no additional exercise of jurisdictional authority be had (by this State) east of Connecticut River, for the time be ing : on which Resolution the Members who appeared to represent those sixteen Towns east of the said River said to be united to this State, have entered their dissent to such Resolution on the minutes of the house and withdrawn; under which circumstances they can have no pretensions to any claim of Protection from this State, — who are so far from a disposition to interfere on the Rights of N, Hamp shire as to gratefully acknowledge their generous and timely assistance at the important battle of Bennington, by which means this Infant State was preserved. This Assembly of this State have appointed his Hotf Ira Allen, Esq"" to wait on your Honor & Council with this ex press, who will doubtless be able to give any further satis faction in the premises. I am, Sir, with due Respect your most obed' Hum' Servant, Tho' Chittenden. Hon^'^ Meshech Weare, Esq^ Letter from Ethan Allen to Meshech Weare, relating to towns east of Connecticut river and his appointment as agent, &c. t^- ^9-] State^"^^ I Windsor, 23"^ October, 1778. Sir — In conformity to my Engagement to Col. Bartlett, one of the members of Congress from New Hampshire, I am Induced to write to your Honor Respecting a Number of Towns to the Eastward of Connecticut River, which in advertantly by Influence of Designing men, have lately been brought into Union with the State of Vermont ; — which in my opinion is Now entirely Desolved. I Engaged Col. Bartlet to use my Influence at this Assembly, for that 288 NEW HAMPSHIRE GRANTS. Purpose. The Governor's Letter to your Honour, Together with what Squire Allen, the Bearer will communicate, will set this matter in its True Light. The Union I ever view'd to be Incompatible with the Right of New Hampshire, and have Punctually Discharged my obligation to Col. Bartlet, for its Dissolution ; and that worthy Gentleman on his part assured me, that he had no directions from the Government of New Hampshire, to ex tend their claims to the westward of Connecticut River, to interfere with the State of Vermont; and I hope that the Government of New Hampshire will excuse the Imbicility of Vermont, in the matter of the union. I apprehend Col. Payne* had a principal Influence in it, and it was with Diffi culty that the Assembly got rid of him. I am appointed by this Assembly to act as Agent for the State of Vermont, at Congress, where I shall shortly repare, and Defend that New Hampshire will Acceede to the Independency of the State of Vermont, as the late Ob stacles are honorably removed. I am with Due respect Sir, your very Humble Serv* Ethan Allen. Hon'^'® Meshech Wear, Esq"^. * Col, Elisha Payne came from Connecticut, and was a proprietor and early settler, 1773-4, in Cardigan, now Orange, He was a friend of Dr, 'Wheelock, and from 1774 to 1801 was a trustee of the college, and in 1779 and 1780 was treasurer, A man of strong mind, of great deci sion and energy, he early took a leading part in the movement in which the towns east of Connecticut river were engaged. At the October ses sion of the Vermont assembly, 1778, he was a representative from Car digan. In 1781 he was elected Lieutenant-Governor of Vermont, He was delegate to the convention which met in Charlestown, Jan, 16, 1781, and afterwards, at Cornish, one of the committee to make are- port relating to towns west of whatwas called the "Mason Patent," with a view to union with Vermont. In 1781 he represented Lebanon in the Vermont assembly. He became chief-justice of the supreme court of Vermont, and in 1782 a delegate to congress. In December, 1781, he was a major-general of the militia of the state, and authorized to call them out to repel New Hampshire forces " force by force." He left many valuable papers, which it is said went into the hands, first, of a grandson. Col. Elisha Payne Jewitt, of Montpelier, and afterwards were in possession of the late Henry Stevens.— Ed. failure of union with VERMONT. 289 Letter from the Convention at Windsor, signed by Joseph Marsh, Chairman, to Henry Laurens, President of Con gress. [p. 93.] Windsor, on the New Hampshire Grants, October 23, a d 1778. Sir May it please your Excellency : The Assembly of the State of Vermont had a report laid before them on the 13"^ Instant, signed by Col: Ethan Allen, purporting that Congress had received sundry mat ters of information or complaint relative to the proceedings of the N"' Hampshire Grants, and which they had deter mined to take into consideration; but at his solicitation were deferred, till opportunity might be had to communi cate the intelligence to the people on those Grants; — re specting which we beg leave in justice to our cause to remark that Col. Allen nor any other person (that we know of) has as yet been authorized by the people on those Grants to appear in their behalf at Congress, (except those persons who preferred a petition which was dismissed last year) & which measure they had omitted from an apprehension that Congress were desirous not to be troubled with the matter at present. Nor do we by this mean any thing further, than to inform them that, on the above mentioned representation, and copies of letters from the Hon^'^ the President of the Council of New Hampshire to their members at Congress, and to Governor Chittenden, the Assembly of Vermont in a Committee of the whole agreed on the enclosed out-lines of a plan for settling all matters of controversy with New Hampshire. We apprehend we can, and are now in persuit of meas ures to make it e'vident to impartial judges, that the New Hampshire Grants on both sides of Connecticut River, are on the same footing, and ought never to be divided : — On that principle the Committee above mentioned proposed and the Assembly agreed to the enclosed plan as having in their opinion the most effectual tendency to support a union of the two sides of the River, and lay a foundation for an ariiicable settlement with the State of New Hampshire, SO that Congress may not have occasion to interpose in the matter. Yet aii apprehension arising in the minds of [p. 94.] sundry Mehibers of Assembly that such an union 19 290 NEW HAMPSHIRE GRANTS. (though in its nature reasonable and just) would, through the influence of ex parte representations, occasion Congress to come to such resolutions as might prevent the establish ment of a State on said Grants, has been the occasion of different sentiments with respect to measures proper in the present juncture, and which have arisen to such a pitch as to prevent a persuit of the proposed plan in the channel pointed out by Assembly, by a Protest and withdraw of near one half the members who composed that Body. The pro testing members notwithstanding, desirous that the same plan might be pursued, formed a volentary Convention who are in persuit of measures, whereby the whole of the towns on said grants may unite in such proposals to New Hamp shire as we flatter ourselves will put an end to all disputes with that State. An apprehension that measures will be attempted to pro cure an acknowledgment at Congress of a new State con taining only that part of the grants which lie west of Con necticut River, (which we conceive will be very disagreeable to a majority of the inhabitants on said grants) is the occa sion of our transmitting this by Col. Wheelock, whom we have also desired to inform your Excellency or Congress more fully of the matter, than the limits of this letter will admit, and request that nothing may be done at Congress which shall prevent the good effects of the measures now taking for an happy settlement with the State of New Hampshire. I am. Sir, in behalf of said Convention, with great defer ence and respect. Your Excellency's most obedient and most Humble Servant, Signed Joseph Marsh,* Chairman. His Excellency ) Henry Laurens, Esq'', > (Copy.) President of Congress. ) * Col. Joseph Marsh resided in Hartford, Vt. At this time he was lieutenant-governor, and had great influence in the new state. He was born in Lebanon, Ct., Jan. 12, 1726 (O. S.), and followed Dr. "Wheelock into the N. H. grants, 1772. It is interesting to know, in a brief biographical notice, that he was a descendant of John Marsh, who came to this country from England, 1633, and accompanied Rev Thomas Hooker to Hartford, Ct., 1635. Col. Marsh married Dorothy failure of UNION WITH VERMONT. 29 1 Communication of Ira Allen, Esq., to the Council and Gen eral Assembly of New Hampshire, expressing his views of the State of Vermont. [p. 95.] To the Honorable Council and General Assembly of the State of New Hampshire, now siting at Exeter in said State. Gentlemen — Persuant to my appointment (by the General Assembly of the State of Vermont) to wait on the Hon^^ Mesh eg Ware, Esq'', President of the Council of the State of New Hampshire, with a letter from His Excellency, Tho' Chit tenden, Esq"^, and as in the s"^ letter Refferance was had to me for further Proticulars Relative to the union of sixteen Towns on the East side of Connecticut River, with the State of Vermont, and as it has been the Desire of the Hon^^ the General Assembly That I would give them a short state of facts Relative to the said Union, &c. I therefore Begg Leave to state the following as a short and consise state of the Matter, (viz.) The first movement to form the State of Vermont was from the west side of the Green Mountain, — in consequence of which several Committees was sent to the then Counties of Cumberland and Gloucester to see if the People there would unite with the People on the west side of the moun tain to make one Body Politick — About two years ago Col. John Wheelock,* being apprised of that movement went to Mason, a descendant of Capt. John Mason, famous in early Indian wars. She was a sister of the Hon. Jeremiah Mason, the distinguished jurist both of New Hampshire and Massachusetts. Col. Marsh was active in revolutionary services, was the father of the late Hon. Charles Marsh, of Woodstock, Vt., and grandfather of President James Marsh, of Ver mont University, Dr. Leonard Marsh, of Burlington, Lyndon A. Marsh, Esq., of "Woodstock, and the Hon. George P. Marsh, who still lives, em inent for scholarship both in America and Europe. Col. Marsh died Feb. 9, 181 1, aged 85. (See a biographical sketch in Vol. I, Governor and Council, Ver., pp. 235-238.) — Ed. *Col. John 'Wheelock, son of Dr. Eleazer "Wheelock, president of Dartmouth college, was born at Lebanon, Ct., Jan. 28, 1754, graduated at Dartmouth college, 1771, and was tutor in 1772-4. He was a mem ber from Hanover of the fourth provincial congress in Exeter, May, 1775. In the spring of 1777 was commissioned as major of a New York regiment, and in November, the same year, as lieutenant-colonel of Bedel's regiment, Neiv Hampshire. He probably was the first openly to propose the union of western New Hampshire with Vermont. In 292 new HAMPSHIRE GRANTS. the Town of Norwich where one of s^ Committees were and Proposed to them for a number of Towns on the East side of the River to unite with those towns on the west of s"* [p. 96.] River; but was answered by said Committee that they were not acquainted with the situation of New Hamp shire, Therefore they should do nothing about it. Last March after the Governor and Council was Declared Chosen and the Assembly formed agreeable to the Constitution of s'' State, there came in a Committee from the East side of the River s*^ to be chosen by a Convention of Committees,, whereof Mr, Esterbrooks was chairman, and moved in be half of the New Hampshire Grants East of s"^ River (as they were pleased to stile it) for a union with the State of Ver mont ; — in consequence of which a Committee was chosen from Both Houses to confer with said Committee and make Report of their opinion thereon to the House : the Com mittee after all the Debate thereon Reported to the House as their opinion, not to connect with said Committee in no way or manner Whatsoever, The House after mature De liberation Voted to accept of s'^ Report ; which Gave such Dissatisfaction to Several of the members of the Council and Assembly that Lived near Connecticut River, that they declared, if Them People (meaning those on the East side of the River) were to be intirely excluded from connecting with s^ State, they would withdraw from the then State of Vermont and connect with them People and form a New State, Then after Long and Tegious Debates the whole was Refered to the People at learge, and to be brought be fore the Assembly again at their Next Session in June. [p, 97,] Col, Payne and others of that Committee Then Publickly Declared that they had conversed with a Number of the Leading Members of the Assembly of N, Hampshire from the Eastern Part of the State, who had no objection to their joining with the State of Vermont; but some mem bers in the western part of s^ State was opposed to it, but gave it as their opinions that New Hampshire as a State. would make no Difficulty about it ; this Last Idea was car ried to the People, and under this Mistake of the matter a Majority of the Towns in the State Voted for the union, which the General assembly could do no otherwise than 1779 he succeeded his father to the presidency of the college. During his administration the great controversy arose between him and the trustees of the college. He died at Hanover, April 4, 1817.— Ed FAILURE OF UNION WITH VERMONT. 293 confirm, they being previously instructed so by their con stituants : The Assembly then Proseeded to business, amongst which there was an order given for Each Town in the State that see fit to choose a Justice of the Peace, and several Temperary Acts were made, all to stand, untill the rising of the next Assembly. Sum Time in the month of Aug" Governor Chittenden Rec'^ a Letter from the Hon^' Mesheg Ware, Esq'' President of the Council of N. Hampshire showing the Disapproba tion of s'' State to the union. Sum Time in September, Col. Ethan Allen was appointed to wait on Congress to see how the Political State of the State of Vermont was viewed by Congress ; who, after the Assembly was formed in October last. Reported to the House, that the Members of Congress was unanimously opposed to tbe union of the sixteen Towns, otherwise they had none of them any objection to the State of Vermont being a State, (the New York members only excepted) At the session in October last several members from the East side of the River Took their seats in consequence of the [p. 98.] union before mentioned. Then the Assembly pro- seeded to business ; But there appeared such Divisions and Debates Relative to the union that for about thirteen Days there was very little Business done ; at which Time three votes were Passed which gave rise to a Desent' s being brought in to the House the next day signed by Twenty seven members* of the Council and Assembly (both the Votes & Desent I have Deliver'd to the Hon''' Council) The General Assembly then Proseeded to the Business of the State and Revived sum old acts and made sum new, amongst which they ordered one Commission to be made for the Justices of each County, and all the names of the Justices in the County of Cumberland to be put in the Commissions for that County & in like manner the County of Bennington. I was credably informed by several worthy Members of the Council and Assembly that the second vote above referred to in its Original was Passed as follows, (viz.) Whether the Towns East of the River included in the Union with this State shall be annexed to the County of Cumberland, Past in the Negative. By several flying Re ports was informed that after the above mentioned Twenty * See ante, p. 286.-tEp. 294 NEW HAMPSHIRE GRANTS. seven members with Drew they formed a Convention, chose a Chairman & Clerk, and then Proposed to give an Invita tion to all the Towns in the Grants to join them and form a New State by the name of New Connecticut; they then adjourned their Convention to sum time the Next week to be held at Lebanon; there was about Eleven Towns on [p, 99,] the west side of the River joined them in this Con vention, Thus, Gentlemen, I have given a short State of the mat ter, which I do Certify upon Honour is the Truth according to the Best of my Memory, Ira Allen.* Exeter, November 4"^, 1778. Letter from Meshech Weare to Thomas Chittenden relating to the visit of Ira Allen, &c., dated State of New \ Exeter, Novem'' 5^ 1778. Hampshire.![p. 87.J Sir— Your letter of the 23'' Ult" was delivered me by Mr. Allen, and hath been laid before the Gen' Assembly of this State, who have directed me to observe, that the Resolution of the Representatives of your People which you mention, viz. "That no additional exercise of jurisdictional au-thority " be had (by this State) east of Connecticutt River for the " time being," is not an explicit determination to break off all connection as a distinct political Body with the Towns East of Connecticutt River ; but is so ambiguously expressed as to show nothing of your future intentions on the subject. However, as you refer us to Mr. Allen, the Bearer, for * Ira Allen, Esq., was the youngest brother of Gen, Ethan Allen, and as much distinguished for diplomacy and ability with his pen as the general was for daring and victory with his sword, Ira was the young est son of Joseph Allen, of Connecticut, born at Cornwall, Ct., Apr. 21, 1751. He came to Vermont in 1771, then twenty years of age, and his whole life was identified, as was his brother Ethan's, with the early his tory of that state. He married Jerusha, daughter of Gen, Robert Enos, and had three children, viz,, Zimri, Ira H,, and Maria Juliet. He died at Philadelphia, Jan. 7, 1814, in the sixty-second year of his age. (See Vt, Hist, Mag,, vol. I, pp. 770-776, Gov. and Coun. Rec, vol. I, pp. 112-115,)— Ed, \ This letter was not in chronological order on the files. — Ed. failure of union with VERMONT. 295 " further satisfaction in the premises," that Gentleman has, with openness and candour informed us that some particular circumstances in your affairs had hindered a more particu lar and Explicit declaration on the subject ; yet assured us, that he had no doubt but a considerable majority of your People, would totally reject any further connection with the people East of Connecticut River as a Political Body : On which state of the matter we shall depend, as that only can hinder dificulties arising between the State of New Hamp' and the People settled on the New Hamp shire Grants (so called) west of Conn' River. Hon^'" Thomas Chittenden. Letter from, Meshech Weare to Ethan Allen, in answer to the foregoing. latpsl!™! Exeter, Novem. 5. ¦;;8. [p. gi.J Sir — I received yours of the 23'"'^ ult" by Ira Allen, Esq"" and at the same time a Letter from Thomas Chittenden, Esq"^ purporting a Resolution of the State of Vermont con cerning their late connection with some Towns part of the State of New Hampshire, in the following words : " That no additional exercise of jurisdictional authority, be had (by this State) East of Connecticut River, for the time being." — which by no means expresses their future designs or intentions in the matter. Nevertheless as you have been so full & explicit in your own sentiments, I trust the Body of your people will be of the same opinion, as I am sure every sensible person will, notwithstanding the blind designs of some uneasy and never to be contented persons, whose views must certainly be more detrimental to you than they possibly can be to New Hampshire ; whatever may be determined by Congress rel ative to the acknowledgment of your Independency will be freely acquiesced in by New Hampshire. Col° Ethan Allen. * This letter, undoubtedly written by Mr. Weare, though not signed, was probably the first draught of the one sent to Gov. Chittenden. — Ed. 296 NEW HAMPSHIRE GRANTS. Note. About this time, or early in December, a pamphlet appeared, called a Public Defence, &c., which evidently had a great influence on the people in the border towns, and which greatly controlled their future action. The editor obtained a copy of this defence from the library of the Massachusetts Historical Society in Boston, as follows : [Title-page.] A Public Defence of the right of the New-Hampshire Grants (so called) on both Sides Connecticut-River, to associate together, and form themselves into an Inde pendent State, Containing Remarks on sundry paragraphs of Letters from the president of the Council of New-Hampshire, to his Excellency Governor Chittenden, and the New-Hamp shire Delegates at Congress, Dresden : Printed by Alden Spooner, 1779. A Defeitce of the New-Hampshire Grants, &c. [Note, — Heretofore articles of considerable length, of this descrip tion, have been set up in small type ; but for the sake of more ease and comfort in reading, the editor has been advised to use a larger type, as follows :] Pursuant to a Resolve of the General Assembly of the State of Vermont passed October, 20**, 1778, "that a decla ration be drawn up, setting forth the political state of the New-Hampshire Grants (so called) on both sides of Con necticut River, &c." the major part of their Committee, appointed for that purpose, have agreed to present the fol lowing facts and observations, together with two several letters from the President of the Council of New Hamp shire, and a report of Col. Ethan Allen, with some remarks on them, A Grant was made by the Council of Plymouth March 4*^ 1628-9, of the Colony of the Massachusetts-Bay; the PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 297 Northern Line of which was " from three miles northward of any and every part of Merrimack River" to extend west indefinitely. A (jrant was afterwards made (in the same year) to John Mason of London, Esq ; containing a tract of land between Merrimack and Piscataqua rivers, sixty miles up each river, and these to be bounded by a line across from river to river. This Grant (although expressed in a loose manner) when compared with the Massachusetts Grant, is limited with the greatest precision, southerly and westerly by a line three miles northward of any and every part of Merrimack River, sixty miles up the river — and northerly by a line drawn from the place where the said sixty miles are finished to Piscataqua River, sixty miles distant from the mouth of it.* On this Mason tract sundry towns were formed and considerably settled. And the Inhabitants in the year 1679, petitioned King Charles the 2^ that they might be erected into a separate Government by the name of New-Hampshire; in compliance with which request a commission was made out to John Cutts Esq ; whereby a President and Council were established for ruling and gov erning said New Hampshire which was in said commission bounded as follows viz. "lying and extending from three miles northward of Merrimack River or any part thereof unto the province of Main."f And in the same commission is this further clause viz. " And it appearing unto us that the ancestors of Robert Mason, Esq ; obtained Grants from our Great Council of Plymouth for the tract of land * If the Massachusetts North line begins three miles north of Merri mack, and continues three miles distant from it to three miles north of the fork or crotch where Merrimack and Pemegawasset rivers meet, and thence extends due west, as their Charter points out, they will cover considerable part of the Grants now in question. A line drawn due west from the place where those rivers meet will intersect Connecticut river about fifteen miles north of Charleston (No. 4) Meeting house, and thence continued across the New Hampshire Grants will come near to Fort Ann on the head of Wood Creek (as these places are delineated on the Maps) which line will include upwards of fifty of the towns on said Grants within the limits of the Massachusetts Charter. Although there was a determination of the King in Council A d 1739 that the North line of the Massachusetts should run west from Patucket falls it seems that they did not acquiesce in the determination ; as they refused to join New Hampshire in a survey conformably thereto. t The boundaries of New Hampshire as described in this Commission coincide with the Massachusetts line as described in their Charter before mentioned. 298 NEW HAMPSHIRE GRANTS. aforesaid and were at great expense upon the same &c." By which it clearly appears that President Cutts commis sion was intended to extend no farther than the western extent of the Mason claim or the Mason line (so called) — and jurisdiction was exercised agreeable thereto with little variation, untill a commission was granted to Benning Went worth Esq ; to preside as Governor of New-Hampshire ; by which commission his jurisdiction was extended and exer cised over the whole of the Grants, on both sides of Con necticut River; or at least he was empowered to extend jurisdiction to the limits of other Governments, grant lands &c. And by virtue of that general clause in his commis sion, and the determination of the King in Council A. d. 1739,* he did actually extend jurisdiction, and granted the most of the vacant lands as far westward as to the line be tween Massachusetts and New- York. But New- York not discouraged from endeavoring to extend jurisdiction east ward, by two unsuccessful struggles firSt with Connecticut, and afterwards with the Massachusetts-Bay, now attempt to effect it against the New-Hampshire commission and the beforementioned determination of the King in council. And here we find them under peculiar advantage to what they were in their former endeavors to encroach on the jurisdic tion of the other Governments. In those the people who owned the soil were interested in the jurisdiction : but here the Grantees of the lands had no concern with the jurisdic tion. That prerogative was retained solely in the King's hand, and exercised by whatever servant the royal mandate should point out. Neither the people in New-Hampshire or New-York had much concern in the exercise of jurisdic tion. In New-Hampshire especially the royal prerogative was so extensive and the privileges of the people so small, that their Assembly declined assisting the Governor in any way whatever for the establishment of the line. And ac cordingly under the influence of sundry false declarations in favor of New York, a decree was passed by the King in Council A. D, 1764, that the western bank of Connecticut River should be the boundary between New-York and New- Hampshire : and the Grantees and Inhabitants living on those lands, not being in capacity to defend against the unreasonable claim and pursuit of New-York in endeavoring * See Douglass Summary, Vol. I, page 422. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 299 to obtain jurisdiction over them, were under necessity of falling a prey. In this situation of affairs, a considerable part of the peo ple in the southwesterly part of the Grants have utterly refused submission to the jurisdiction of New-York, from the time that said line was established as aforesaid, by rea son that they not only claimed the jurisdiction but the right pf soil also ; which was before granted to the settlers and others by the Governor of New Hampshire. All which is more fully set forth in sundry pamphlets, wrote and pub lished by Col. Ethan Allen, relative to the New-York claim. On other parts of the Grants, that were by said decree sub jected to the jurisdiction of New- York, the people thro' fear of losing their interests and being turned out of possession of their all, in some measure submitted. And at exorbitant prices obtained regrants of their lands from the Governor of New- York — ^which he presumed to make out, notwithstand ing the express inhibition of the King. In this situation the people on the Grants continued, untill the late glorious revolution. And upon the declaration of Independence the people on the Grants on both sides of Con necticut River, seeing the kind hand of providence in re leasing them thereby from the galling yoke of bondage under which they had been held, began now to look out for themselves, and assert their natural rights and privileges in common with their brethren in the American States. And as the circumstances of the Grants on the two sides of the river were (on account of the jurisdictional line set tled in 1764) circumstantially different, in respect to their connections with New-York and New-Hampshire, the Grants on the west side were fully determined (as they imagined by the proceedings of the Conventions and Assembly of the State of New-York that they had little or nothing better to expect from the new mode of government of that State than they had from the former) not to connect with them ; but to form themselves into a distinct State with the whole of the Grants, so soon as time and circumstances would admit : and accordingly overtures were made by a Convention of the Grants on the west side to those on the east side of the river as early as September 1776. But those towns on the east side having transacted some affairs with New-Hampshire from the time that hostilities were first committed by Britain 300 NEW HAMPSHIRE GRANTS. to the time of Independence relative to the war &c — and by reason of some disputes then subsisting between New- Hampshire and them, they were not prepared to enter into a confederacy with the people on the west side of the river, untill the latter had formed their plan of Govern ment. But in pursuit of the original object (viz. to be all united together in one political body, in case they could not agree to connect with New-Hampshire) a considerable number of towns on the Grants on the east side of the [River], in the month of March 1778, by a Committee appointed for that purpose, proposed to the Assembly of the Grants on the west side, articles of union and confederation ; which pro posals were accordingly by order of said Assembly laid be fore the towns on the west side, for their consideration and approbation. And at the Assembly held at Bennington in the month of June last, said towns on the east side of the river were received into union and confederacy with those on the west side, with equal rights and privileges, by a solemn act and resolve of said Assembly; and leave for other towns on the Grants east of the River to join; by virtue of which some others have since united. And they have since acted together as a distinct State, untill an unhappy dispute arose in the Assembly at their sessions in October last, relative to the manner of defending the State against the claim of New-Hampshire to the Grants on the east side of the river included in said union ; occasioned by the following letters and report which were then laid before the Assembly, viz. I, A copy of a letter from President Weare to Governor Chittenden, " Sir, "Although I have had information that the people settled on the New-Hampshire grants (so called) west of Connecticut River, had formed a plan for their future Government, and elected you their first Magistrate ; yet as they have not been admitted into the confederacy of the United States as a separate distinct body, I have omitted to address you in your magistratical stile, and not out of disrespect to you or the people over whom you preside ; which in these circum stances I doubt not your candor will excuse, and that you will attend to the important subject of this address. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 30I "A paper has been laid before the General Assembly attested by Thomas Chandler jun'' as Secretary of the State of Vermont, dated June ii* 1778, purporting a Resolution of the General Assembly of the State of Vermont, to receive into union with said State sixteen Towns on the east side of Connecticut River, and leave or rather an invitation to any towns contiguous to those sixteen to enter into the same union. " On which I am directed to represent to you, and to de sire it may be laid before the Representatives of your people, the intimation in said Resolve, that the said sixteen towns ' are not connected with any State with respect to their in ternal police,' is an idle phantom, a mere chimera without the least shadow of reason for its support. "The town of Boston in the Massachusetts, or Hartford in Connecticut (if disposed) might as rationally evince their being unconnected with their respective States, as those sixteen towns their not being connected with New-Hamp shire. " Were not those towns settled and cultivated under the grant of the Governor of New Hampshire .'' Are they not within the lines thereof as settled by the King of Great Britain prior to the present Aera ? Is there any ascertaining the boundaries between any of the United States of America but by the lines formerly established by the authority of Great Britain ? 1 am sure there is not. Did not the most of those towns send Delegates to the Convention of this State in the year 1775 ? Have they not from the commencement of the present war applied to the State of New-Hampshire for assistance and protection ? It is well known they did — and that New Hampshire at their own expense hath supplied them with arms, ammunition &c, to a very great amount, as well as paid soldiers for their particular defence, and all at their request as members of this State — Whence then could this new doctrine, that they were not connected with us, orig inate ,' I earnestly desire that this matter may be seriously attended to, and I am persuaded the tendency thereof will be to anarchy and confusion. " When I consider the circumstances of the people west of Connecticut River, the difficulties they encountered in their first settlement, their late endeavors to organize gov ernment among themselves, and the uncertainty of their 302 NEW HAMPSHIRE GRANTS. being admitted as a separate State into the confederacy of the United States, I am astonished that they should supply their enemies with arguments against them by their connect ing themselves with people whose circumstances are wholly different from their own, and who are actually members of the State of New-Hampshire — A considerable number of Inhab itants of those sixteen towns (I am well informed) are en tirely averse to a dis-union with the State of New-Hamp shire, and are about to apply to this State for protection ; indeed some have already applied. And are not the people in this State under every obligation civil and sacred to grant their brethren the needed defence .¦" " I beseech you, sir, for the sake of the people you pre side over ; and the said people for the sake of their future peace and tranquility, to relinquish every connection as a political body with the towns on the east side of Connecti cut River, who are members of the State of New-Hamp shire, entitled to the same privileges as the other people of said State, from which there has never been any attempt to restrict them. " I am sir with due respect Your obedient humble servant I President of the Council of the State of New-Hampshire. " Exeter in the State of New-Hampshire, Aug. 22'', 1778. Honorable Thomas Chittenden, Esq." 2. A Copy of a Letter from President Weare to the New Hampshire Delegates at Congress; which is as follows, viz. "Exeter Aug. 19*'' 1778. " Gentlemen, " By order of the Council and Assembly of this State, I am to inform you that the pretended State of Vermont, not content with the limits of the New Hampshire Grants (so called) on the western side of Connecticut River, have ex tended their pretended jurisdiction over the River, and PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 3O3 taken into union (as they phrase it) sixteen towns on the east side of Connecticut River, part of this State, and who can have no more pretence for their defection than any other towns in this State, the circumstances of which you are well acquainted with, and great pains are taken to per suade other towns to follow their example. "By the best information I have from that country, nearly one half of the people in the revolted towns are averse to the proceedings of the majority, who threaten to confiscate their estates if they do not join with them,* and I am very much afraid that the affair will end in the shedding of blood Justices of the peace have been appointed and sworn into Office in those towns, under the pretended authority of said Vermont ; and persons sent to represent them there — I must not omit to let you 'know that Col. Timothy Bedel, who has received great sums of money from Congress or their Generals, under pretence of keeping some companies last winter, and now a Regiment for the defence of that northern frontier, or to be in readiness for marching into Canada (though very little service has been done as I am informed) by influence of the money and his command, has occasioned a great share in the disorders in those towns : 'tis wished by the more sober solid people in that quarter, he could be removed to some other command, if he must be kept in pay and employed. " I am directed to desire you on the receipt of this, to ad vise with some of the Members of Congress on this affair, and proceed as you may judge expedient, after advising as aforesaid to endeavor to obtain aid of Congress, if you think they can with propriety take up the matter — Indeed unless Congress interfere (whose admonitions I believe will be obeyed) I know not what consequences will follow : it is very probable the sword will decide it ; as the minority in those towns are claiming protection from this State ,-\ and they think themselves bound by every tie to afford it ; and you know that every condescending measure has been used from the beginning of the schism, and rejected. I doubt not your application and efforts in this matter, which will * This underlining is in red, apparently by Prof. Sylvanus Ripley, the original owner of this pamphlet. B. P. S. ^Red. 304 NEW HAMPSHIRE GRANTS. if effectual exceedingly serve the State, and probably pre vent numberless calamities to the people. "I am with great respect and esteem. Gentlemen, Your most obedient humble servant M. Weare, President of the Council of New-Hampshire. "To the honora ble Josiah Bartlett, and John Wentworth jun. Esqrs, Member of Congress. Philadelphia." 3, A Report of Col, Ethan Allen, which is as follows, viz, " To his Excellency the Governor, the honorable the Coun cil, and to the Representatives of the freemen of the State of Vermont in General Assembly met, " Gentlemen, "The Subscriber hereto begs leave to make the following report, viz. By the desire of his Excellency, and at the re quest of several of the Members of the honorable the Coun cil to me made in Sept, last, I have taken a journey to Philadelphia, in order to gain knowledge how the political situation of the State of Vermont stood in the view of Con gress, which I here exhibit. On the id"* day of September last, I am informed by Members of Congress, that the Del egates from the State of New Hampshire exhibited to Con gress a remonstrance (which they had previously received from the Council and Assembly of said State) against the proceedings of the State of Vermont, with respect to their taking into union a number of towns on the east side of Connecticut-River, and in their inviting other towns to revolt from New Hampshire, a copy of which I herewith exhibit; a matter which (they alledge) was incompatible with the right of New-Hampshire, and an infringement on the confederacy of the United States of America, and there fore desired the Congress to take the matter under consid eration, and grant some order thereon to prevent the effu sion of blood, and the confusion and disorders which would other-wise inevitably ensue. The delegates from New- York at the same time exhibited to Congress sundry papers containing allegations against PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 30S the State of Vermont, which after some alterations were admitted, and it was agreed that the same together with the remonstrance from the State of New-Hampshire, should be taken under consideration on the afternoon of the 18"', by a Committee of the whole house at which time it was moved to be brought forward, but urgent business occasioned its being deferred to the I9*^ at which time I arrived at Phila delphia, and being immediately informed of the business by some of the members of Congress, I used my influence against the matter its being hastily determined ex parte, artd particularly objected to the complaints from the State of New-Hampshire and New-York, their being both consid ered at the same time, alledging that they were of very dif ferent nature. And in consequence of this, together with my earnest request and application, I obtained assurance that the matter should not be brought to a decision before I could have an opportunity to lay the matter before this peo ple ; as I had previously let the members of Congress know, that the Assembly of this State was to sit at this time ; and I engaged to transmit the proceedings of this Assembly t© Congress as soon as they transpired, at their request. The alligations thrown in by New- York received a most severe shock on the perusal of my late pamphlet in answer to his Excellency Governor Clinton's proclamation dated in February last, containing certain overtures to the inhabi tants of this State ; as well as froni my large treatise on the nature and merit of the New- York claim, and their treat ment to the inhabitants of this now State of Vermont. In fine, the New- York complaints will never prove of sufficient force in Congress to prevent the establishment of this State, But froni what I have heard and seen of the disapprobation at Congress of the union with sundry towns east of Con necticut River, I am sufficiently authorized to offer it as my opinion, that except this State recede fro'm such union* im mediately, the ivhole power of the Confederacy* of the United States of America will join to annihilate the State of Ver mont,* 2.-a.6. to vindicate the right of New- Hampshire, and tb maintain inviolate the articles of Confederation, which guar antee to each State their privileges and immunities. Thus, Gentlemen, I have given you a short representation of the political situation of this State, as it now stands in *Red. 20 qo6 NEW HAMPSHIRE GRANTS. the General Congress of the United States of America ; upon which I stake my honor. Given under my hand at Windsor this lo'* day of Octo ber, A. D. 1778: Ethan Allen. The Col. in addition to his written report, publickly de clared before a Committee of both houses, when the matters were under consideration, that the President of Congress in private conversation with him when at Philadelphia told him, that in case the union with those towns on the east side of the river was dissolved, he had no objection to the Grants on the west side being a State. And the following question being put to him, in the same public manner by one of the members of the Assembly viz. "Did not the New-Hampshire Delegates at Congress when you was at Philadelphia agree with you, that in case you would get the union with the towns on the east side of the river dissolved, they would assist you in disputing New York .' " To which he answered " Yes they did upon honor' The foregoing letters report &c. were all taken into con sideration by a Committee of Governor Council and Assem bly ; on which the following proposals were reported to the Assembly, and by them approved, viz " I. That a declaration be drawn up, setting forth the po litical state of the Grants on both sides of Connecticut River, from the time of their being granted — viz. that the Grants were taken as being under jurisdiction of the gov ernment of New-Hampshire ; where the Grantees expected to have remained — that the King of Great Britain under the influence of false and ex parte representation, passed a de cree in Council, A. D. 1764, that part of the Grants should be under the control of the government of New-York — that said decree was in its nature void from the beginning, on account of the undue influence under which it was obtained : and that the whole of said Grants were consequently of right, under the" same jurisdiction as before said decree took place — but the Governor of New-Hampshire not exercising jurisdiction over those west of the river, they remained /^^^ under the jurisdiction of the government of New- York, but the greater part in opposition thereto, till near the time of the declaration of independence of the United States, by PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 307 which the whole of the Grants become unconnected with any State ; and had an opportunity to assert and enter on measures to support their just rights, and were at liberty to unite together, or with any other State which might agree to receive them — in this situation the inhabitants on the Grants west of the River (already determined by the cruel treatment they received from New York, not to be under the control of that State) entered on measures for establishing government among themselves ; and a consider able number of towns on the Grants east of the River, after various ineffectual endeavors to unite with New-Hampshire, on such principles as they esteemed just and equitable, united with the Grants west of the River on the plan of Government which they had adopted ; and with them have solemnly covenanted to support each other in said Govern ment — and as by their situation and agreement in manners, habits, &c. they conceive they are called upon, and war ranted to set up and maintain civil Government in a distinct State ; and as those Grants ought not to be divided between New- York and New-Hampshire, or any other way, merely to serve interested views ; they are unanimously determined, in every prudent and lawful way, to maintain and support entire, the State as it now stands. " 2. That proposals be made to New-Hampshire ; that those towns only which lie west of the Mason claim, and which shall accede to a union with this State, agreeable to a resolve of Assembly at their Sessions at Bennington the eleventh day of June last, be admitted to a union with this State — And in case New Hampshire shall not agree thereto, or to some line that shall be agreed on as an equivalent, that they agree to a submission of all matters of complaint and dispute in the premises, to Congress for a decision ; the Grants being allowed equal privileges as the State of New-Hampshire in supporting their cause — or that they submit the matter to any court, that may be agreed on, and constituted by the parties, for a decision ; saving to them selves in the trial, all right privilege and advantage which they or might have, by any former grant, jurisdiction, power or privilege, on account of any former situation or connec tion with any Province or State heretofore had ; and not withstanding any subsequent transactions." In observing upon said letters &c, will be shown the right 308 NEW HAMPSHIRE GRANTS. of the whole of the Grants to unite and confederate together as before related. The State of the Massachusetts notwithstanding their undoubted right by charter to a considerable part of those Grants, by their neglect to challenge them as part of that State since the revolution, have tacitly relinquished that right to the people who inhabit them, and not to New- York and New-Hampshire, or either of them ; and the right of organizing government among themselves must of course be acknowledged as being vested in the inhabitants until the Massachusetts assert and vindicate their claim ; which may be done on much more rational principles than those of New- York or New-Hampshire ; and consequently those States must be forever debarred from jurisdiction over those towns, were the matter to be rested on this single point As to New-Hampshire ; all their right may justly be sup posed to be comprised in the two letters from President Weare before recited, as they are the result of the wisdom of the Council and Assembly of that State, after near three years dispute on the subject. But before we proceed to take notice of those letters, we would observe that the peo ple in New-Hampshire never were formed into a political body, until the commission to President Cutts as before mentioned. Under which form of Government they con tinued (with very small variations) until the commission to Benning Wentworth, Esq.; anno 1740. After which a com mission was made out to John Wentworth, Esq ; who con tinued in the exercise of his government until the present revolution. These commissions are all the Grants or Charters (if they may be so called) which either gave jurisdiction or com bined the people together, and whereby they become con nected in any way or manner whatsoever. These two last mentioned commissions were made out merely at the will and pleasure of the Crown, and constructed as sovereignty saw fit. By these alone the inhabitants on the Grants were connected with the people within the Mason claim. These were imposed on the people without their previous knowl edge or consent, and were continued for such time and liable to such alterations at all times and in such way and manner as the King should see cause, both as to extent of jurisdic tion and mode of government. By these commissions the PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 3O9 people were subjected without power of chusing or refusing. And the whole of the Grants, by virtue thereof only, re mained connected with the people settled on the Mason claim, until the regal power was exercised in an arbitrary manner in 1764, by passing an order or decree in privy council, that the western bank of Connecticut River should be the line or boundary between New-York and New-Hamp shire as before mentioned. This stretch of arbitrary power (obtained by undue influ ence) gave rise to and has been the occasion of the continu ance of all the political disputes and troubles that have subsisted in this part of the country ever since. And the strenuous efforts of New- York and New-Hampshire to estab lish and maintain that unjust and arbitrary line are the only cause of the present dispute, which ¦must be decided,* it seems (if we believe New-Hampshire) by the point of the sword.* For the people on the Grants, especially on each side of the river, on account of their situation and other circumstances, are utterly averse from being divided. But to return to those royal mandates — We find that un bounded prerogative is not satisfied with this act in 1 764 ; but has since ( 'tis said) made great part of the Grants with other territories a distinct province;! but this was too late done to take effect. Now we candidly ask the the [apparent repetition of "the" — B. P. S.] question, which of those five lines (before men tioned) it is that New-Hampshire mean when they say, "Are they not within the lines thereof as settled by the King of Great Britain in Council prior to the present Aera t Certainly it cannot be the flrst, for that takes off consid erable part of the Grants to the Massachusetts ; nor the , second for there is no pretence that the Mason line includes them ; nor the third, for that includes all the Grants ; and that New-Hampshire, has been utterly averse to, notwith standing they have been repeatedly requested thereto. Neither may we suppose it to be the last ; because that will not answer their purpose. It must then be the line of 1764. But by what rule of right or reason they can make their *Red. •f By a commission to Governor Skeene for a government on said Grants &c. made out a little before the commencement of the present war. 310 NEW HAMPSHIRE GRANTS. choice, is beyond our perception to determine — for certainly if they would consider those acts of the King in the nature of grants, the former must have the presidence ; but if in the nature of wills, then the line described in Governor Skeen's commission takes place; as that was the last will and testament which George the third made relative to ju risdiction over these territories before his death, unless the Grants were included within the province of Canada, as ex tended by the Quebec bill, as some have imagined — But, thanks to Heaven, the legatees have never accepted the legacy since the death of the testator. Nor do they mean ever to accept either the will in 1764 or the last. Nor have either of those wills been yet proved or approved, or ever can be, on account of the insanity of the testator. However, as it appears evident that the line pointed out in the decree of 1764, is the line they mean to maintain, as best suiting their designs (viz.) for each one to have so much and no more than what they can manage to their purpose, and as this line is their capital bulwark and main strength, we will further consider the force of it. It was obtained, in the first place, by the intercession of the government of New- York, by false representations, that it was the desire of the people living on the lands, to be an nexed to New- York — that it would greatly commode them in trade and commerce &c. also by undue influence by that Province, and some principal men in New- Hampshire. And the poor Inhabitants (who alone must suffer the evil conse quences) were forsaken of New-Hampshire, and conse quently under no circumstances to make any defence, or even to be known in court, of necessity fell a sacrifice. But the King being thus deceived the decree is in its nature void*— much less have the parties right to take advantage thereby of their own wrong, to subjugate the Grants to their sinister designs and purposes : Nay, it is void as to all par ties.^ Therefore the jurisdiction of New-Hampshire (so long as there was any under the Crown) ought to have taken place as before said decree in 1764 passed. Again, If the State of New-Hampshire had any right to ?Notwithstanding it said that the King can do no wrong, yet it is a setUed maxim that the King being deceived his acts or grants are there by made void. \Red. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 3II exercise jurisdiction over the Grants, they have (by refusing or neglecting to exercise it over the whole) forfeited their right to any and every part; for by the right or authority they may have heretofore had to exercise jurisdiction over the whole, they cannot exercise it over a part only ; as that would be a different exercise from what they would in that case be empowered to. Further. Supposing, for argument sake, that the decree, in the time of it, was ever so legal and binding on the peo ple ; yet New-Hampshire, under its present circumstances, can claim nothing by it ; because that power which the gov ernment had by virtue of his commission (when the com mission became null and void) never averted to or became vested in the people by virtue of the commission, any more than though it never had been ; and consequently New- Hampshire can have no right to exercise government over the Grants, on account of the latter having been connected with the former in the Governors commission, any more than though they never had been thus connected. When the King's authority was thrown off and rejected by the declaration of Independence of the United States, the royal commission became a mere nullity, and was to the people as though it never had been, for it contained nothing more than a positive command to the Magistrate therein named to govern, and a requisition or command to the people to obey. Nothing was contained in it reciprocal between the King and people. Nothing that the people could claim as a grant or benefit, not even so much as the continuance of the commission itself : but it rested wholly at the pleasure of the crown. Now as the commission altogether ascer tained the extent as well as power of jurisdiction, when the commission was once re'moved out of the way, there were no Tfiore any limits of jurisdiction left than there was power of exercising it.* Consequently there never having been any confederacy of the people,* either by themselves or by any grant or charter from the crown or otherwise, whereby they ever were incorporated and united in a political body, when ever that compulsive power (which alone held them together) ceased, they became unconnected:* and so will remain until by their own act they unite and confederate together,* as much as the thirteen United States were before they entered ''Red. 312 NEW HAMPSHIRE GRANTS. into a confederacy. Nay the people never were at liberty to unite togther or not unite until that despotic power which alone held them together, was thrown off ; which was done by the declaration of Independence.* And as New-Hampshire have not as yet settled any per manent plan of government, or confederated together any other way than by a considerable part of the towns (and those principally in the old Mason claim) acting together only for the purposes of carrying on the war, and in the meantime to guard against criminal offences, and have there fore never as yet ascertained what and where New Hamp shire is or shall be ; they are rather too early in making their challenges of jurisdiction, and threatening war and devastation upon those towns who have dared to assert their rights, and who have never acted with them since Independ ence took place, (but have remonstrated against their pro ceedings from the first setting up government in the manner they have done) except as to the affairs of the war merely; which will be more particularly considered hereafter. One thing more may be proper in this place to consider, viz. What State the people on the Grants were in when they were released from the government of Britain. And first. Did they revert to a State of nature ? * We answer. Not wholly so.* For so sure as the coercive power of the King was rejected and ceased to operate, the people made a stand at the first legal stage,* viz, their town incorporations,* which they received from the King as lit tle grarits or charters of privileges by which they were united in little incorporated bodies with certain powers and privileges which ivere mt held at the pleasure of the King* (as those commissions were) but were perpetual.* These the people by universal consent held sacred ; and so long as they hold those grants, so long do they hold them selves subjects of government according to them : and as such must and do they act, and transact all their political affairs. Hence it is that the major part of one of those towns have a right to control the minor part.* These are all the grants the people ever had from the King whereby they become united together and could hold against the Kmg^&c, Consequently they will remain so many distinct *Red. '' ' ¦ PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 313 corporations until they agree to unite in one aggregate body. But to this doctrine there has been an objection raised by some, viz. That if the case is as here represented, every of those towns (if they please) may be a State by itself &c. To which we answer. Supposing the consequence is just it will not destroy the proposition; and the objection might with as great propriety have been urged against the thirteen united States being distinct separate bodies, before they united or confederated together ; for the two cases are ex actly similar, except as to their extent. Moreover, so long as men have a regard to the safety of their persons and fam ilies, their liberties and properties, they will naturally asso ciate and confederate together, so far as will best secure themselves ; which is the whole design of government. And the same principle that influenced to hold sacred those town incorporations, will prompt them to unite still further. Ne cessity and interest are so influential in this matter that there is not the least danger. The only difficulty ever arising in this case is the manner and form of uniting, and mode of government. Again, perhaps it will be objected by some, that the prin ciples here laid down will apply as well to the towns within the Mason claim as to the towns on the Grants, and conse quently they will have the same liberty &c. To which it may be said, that there is at least this differ ence in their circumstances, viz. (i.) The people within the Mason claim, from their education, customs and man ners, are of one notion and sentiment in respect to the prin ciples and mode of government ; and therefore are well united. (2.) They hold their landed property by the same tenure, but diverse from the Grants. (3.) i Marked in written The inhabitants first settled on that claim, \ marginal note, agreed in chusing them a King, (alias) a ( "Not true." kingly government, by petitioning for and receiving it. (4.) They have acted together so long that they may claim any union by prescription, having enjoyed an uninterrupted connection in the exercise of government among themselves beyond the memory of man. In all these circumstances the people on the Grants are different from those on the Mason claim. But sufficient has been said here and in a former Letter 314 NEW HAMPSHIRE GRANTS. signed Republican,* as to the right that New- York and New- Hampshire have to exercise jurisdiction over these Grants by virtue of those royal decrees and commissions. We pass on now to consider some other reasons assigned in the foregoing letter, which we should not think worthy of no tice, were it not that they are almost all of them palpable falsehoods and misrepresentations, made use of to excite the indignation of the highest power in America against this new rising State, and to bring the power of the United States upon them, without their having an opportunity of defending their cause, or even to know the accusations al ledged against them, until the decisive sentence is passed — a measure not parallel except in the inquisition. We shall therefore in the first place notice that clause in the letter to the State of Vermont, where it is said " that the sixteen towns are not connected with any State with with [literal — B. P. S.] respect to their internal police, is an idle phantom a mere chimera without the least shadow of reason &c. — that the town of Boston in the Massachusetts, or Hartford in Connecticut might as well evince their not belonging to their respective States, as those sixteen towns their not being connected with New Hampshire, &c," It is surprising that men who pretend to be wise politi cians, by being educated under an arbitrary government, are so grossly ignorant of the distinction there is between charter rights and the exercise of despotic power. Do they not know that every individual inhabitant, and consequently every town in the State of Connecticut by charter make up the Governor and Company of that Colony or State, And that by the same grant or charter they hold all their landed property, as much as any body of proprietors of a township or tract of land. And by the same charter they are made a body corporate and politic in name and fact And in hold ing this charter sacred they hold themselves indissolubly connected together. Which bond of union must remain so long as the State exists. There never has been nor does there need to be any alteration of the mode of government in that State to comport with a state of independence, but the transposition of the name in which the executive power is exercised from the King to the people. * Note in writing, " printed at Danvers, 1778." PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS, 315 In the same way and manner are the people in the Mas sachusetts held together and united viz, by grants and char ters from the King containing both landed property and jurisdiction, which the King could not constitutionally alter, and which the people still hold sacred, and thereby hold themselves connected together as much as Connecticut. Now, wherein does New-Hampshire compare with these two States ? for take away the royal prerogative power which alone held them together, and what have they left ? Nothing but a number of little town incorporations — there is not a shadow of a confederated State left — Nothing but an empty name. New-Hampshire as such never owned one inch of land or farthing of property,* neither could they ever so much as grant a town incorporation, nor had they right to a voice in that matter. In short, they never were a body politic in any legal sense whatever,* and nothing more than a number of people subjected to the obedience of the King's servant in such way and manner as the commission pre scribed : very similar to the old feudatory system in Eng land, Now to compare the towns on the grants as being in like circumstances with Boston and Hartford, is not only " an idle phantom, a mere chimera," but an act of profound ignorance. As to the question " Were not those towns set tled and cultivated under the government of New-Hamp shire," We answer — They were not. They were granted settled and cultivated under the King of Great Britain, (by the agency of his servant the Governor of New-Hampshire) and entirely at his control, as much as the towns on the Grants west of Connecticut River ; and as liable as they to be put under the immediate jurisdiction of any other person than the Governor of New-Hampshire, whenever the King should please to do it. The next argument made use of is, that most of those towns sent delegates to the Convention in the State in iyy$ — Tis true they did* — and for the sole purpose of devising measures to defend against the tyrannical power of Britain which then began openly to set itself in hostile array against America. And by the arbitrary conduct of that Assembly in settling the mode of representation* (which they were never authorized to do) they disgusted many towns then *Red. 3l6 NEW HAMPSHIRE GRANTS. connected* with the Province or state, so that they have never connected with them since,* except to remonstrate against their proceedings, both to the Assembly and people at large. But what of all this .¦' were we not then all under the jurisdiction of the King.'' Yes: and long afterwards; for independence was then scarcely in idea.* The next thing alledged is, that from the commencement of the present war they have applied to the State of New- Hampshire for assistance and protection,* and that New Hampshire at their own expense hath supplied them with arms and ammunition to a very great amount as well as paid soldiers for their defence &c. Here seems to be a magazine of stores played off at once — but if all was fact, we hardly believe it would amount to a consideration — For by the same reason every State upon the Continent would claim jurisdiction not only over the Grants, but over every other State, upon the score of de fending them ; so that it would be difficult to determine which had the best right — But when the matters are con sidered in their true light, they will appear but a mere fic tion — The true state of the case is this. At the beginning of the war, when we were all connected* we did apply to New Hampshire for arms and ammunition ; but to very lit tle purpose : the expense of application was more than the value of what was obtained. Tis true they did advance a few barrels of powder, and a quantity of lead not equal to the powder, and some fire arms ; for the whole of which ample security was given to the State at the time of receiv ing them, either to return or pay for them. And besides, these towns, notwithstanding the repeated solicitations to New-Hampshire for supplies &c. were obliged to apply to other of the united States, and from them received very considerable supplies, on the same terms as those received from New-Hampshire, and without being claimed on that account as being under their jurisdiction, except by New- York. But what a vain pretence is this that it was done only to defend Us, when in fact the enemy were never known to have been within fifty miles of Connecticut-River, which is the utmost western extent which they claim in '^Red. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 317 those letters. The defence yielded both by New-Hamp shire and Us, was at Bennington, the Creek, Ticonderoga and Lake Champlain, &c. where the general cause was the immediate and principal object, and where most of the United States defended, and who notwithstanding we be lieve never thought of claiming jurisdiction on that account. Such pretences not only argue the weakness of their cause, but meanness of spirit, as it is well known that the people on these Grants have, ever since the commencement of the war, exerted themselves to their utmost in raising Soldiers and. Militia to subserve the general cause of the United States. This sa-me plea Britain made,* (viz,) that they had been at great expense in defending America in the last war, and therefore had a right to subjugate them, &c. Furthermore, 'tis true (tho' not alledged) that the military officers* of the regiments in those towns received commis sions from the Conventions of New-Hampshire,* obeyed orders from them, &c. before independence took place, and acted upon them in some measure afterwards. Which they did upon this princple, (viz.) That we must do our part to maintain the American cause ; and as we were not nor could be in a situation to regulate our militia until we were settled in a regular state of civil government, it was thought best to continue in that respect as we were for the present, as it mattered not so much what state we acted under in that respect, as that we did our duty. And indeed no part of the state of New-Hampshire hath done equal to what these towns have in supplying men for the continental army, turning out on alarms, scouting, &c. The next thing mentioned is, " that near one half of the people in those revolted towns* (as they are called) are averse to the proceedings of the majority, who threaten to confiscate their estates,* if they do not join with them ; and that they are about to apply to New-Hampshire for assistance ; and that some have already applied," &c. These assertions, as they are represented, are entirely false. — And in order to set them in their true light, we are under the disagreeable necessity of troubling the public with some facts, which we should not otherwise have done. The truth is, in some of those towns there are a few who *Red. 3l8 NEW HAMPSHIRE GRANTS. do not agree in opinion with the major part; but in those we dare challenge any creditable person to say that ever there was the least threatening by the major part to confiscate their estates,* or even to injure them either in their persons or properties in any way whatsoever on that account And nothing short of malice and envy could influence any per son to make such report. As to those who have applied for relief, &c. we know of none, except one Col. John Hurd, formerly of Haverhill, at Cohos, (who, to the great joy of the people, has removed out of that part of the country, a mutual disaffection have arisen between him and the people) who has made applica tion to the Assembly of New-Hampshire, and from them obtained a summons or order to notify a certain gentleman living in said Haverhill, to appear before said assembly, to answer to certain defamatory charges some time or other laid in by him against said Hurd — also one Nathaniel Hov ey, lately living in Enfield, (who is well known to have been a litigious person from his youth up, and consenting to be a tool for said Hurd, to assist him in holding some lands which he claims in said Enfield) who occasioned such disturbance in the town, that they warned him to depart — and after some time (he not obeying the order) the consta ble, by warrant from the select-men, proceeded to remove him and family towards his last settlement, &c. for which transactions we understand he has been incessantly apply ing to New-Hampshire for assistance as best suiting his circumstances. These we are well assured, are all the applications that have been made, and the only motion that we know of that kind. These are the terrible things which are painted in such high colours, as tho' they all originated from the join ing of those towns with the Grants on the west side of the river ; when they are nothing more than mere party dis putes, which would have arisen if there never had been such an union. And we suppose that the Council and As sembly of New-Hampshire have in this way had their infor mation of all those extraordinary things mentioned in their letters (including the affair of Col. Bedelf) that are in so *Red.¦f The suggestion or rather assertion in President Weare's letter, " that Col. Bedel by influence of money and his command has occasioned PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 319 solemn a manner transmitted to Congress for a foundation of their passing some decisive sentence against us ; which would (according to Col. Allen's report) have immediately taken place, had it not been for his interposition, &c. And as we have no place in Congress, we are obliged in this way to appeal to the public to defend ourselves against such unfair and injurious conduct of our adversaries, who have in that respect an advantage in their hands. Again. We take notice in those letters of their referring to arms to decide the dispute, when at the same time there is not the least hint that the people on the Grants ever meant to defend their right in that way. Nay they expect to support them by fair reasonings founded upon principles of justice and righteousness in an open and public manner, giving their adversaries the opportunity of a fair and impar tial trial in any tribunal that may have cognizance of the cause. Whether this frequent recourse to arms is to sur prise Congress into an hasty determination by an ex parte hearing or to terrify and affrighten us to a submission, or whether it is for want of justice, argument, and reason to support their claim, or all of them, we submit to the impar tial public to determine. We would here observe further, as to the circumstances of New-Hampshire, that since these disputes have arisen, but little* (if any) more than half the number of inhabited towns* within the limits they claim jurisdiction over, are represented in their assembly,* or mean to be, under their present mode of acting; and this is the great instituted power that claims such extensive jurisdiction even over a greater extent of inhabited and unrepresented territory, than what is represented. Moreover, tJiis partial assembly, when they issued orders for a convention of delegates* from all the a great share in the disorders in those towns " is as destitute of founda tion as most other articles contained in it. And the information " that very little service has been done by him" and "the desire of the more sober solid people to have him removed " was doubtless from some dis affected persons who apprehend the defence of this frontier, and (per haps) of the large quantities of continental stores collecting in this quar ter will be of very little service, and who wish to have all defence removed that they and the inhabitants may lie open to the depredations of the enemy from Canada, who have (without doubt) been kept from rav aging this frontier, only by their knowledge of Col. Beders regiment's being stationed here. *Red. ,20 NEW HAMPSHIRE GRANTS. towns in the state (as they claim it to be) to assemble and form a plan of government for the State, would not trust it with them to prescribe how it should be established, but determined* themselves that when the Convention should agree upon and pubhsh a plan of government, 'it should not take place, unless three fourths of the Inhabitants in the State should agree to it.* Thereby retaining power in five or six towns in the easterly part of the State (by reason of its numbers) to negative near one hundred and fifty other towns. This convention have already existed about six months without agreeing upon any plan, and have adjourned for another six months for consideration ; and when they shall have finished their business, or come to an end is uncer tain. Under such conduct, what people that have any regard for themselves or posterity, will submit to their govern ment } Surely none that can do otherwise. And yet they pretend to appear among the confederated States, as having full and compleat right to control these extensive Grants. Much more might be said (if needful) relative to their conduct in disregarding and rejecting the complaints and remonstrances of the people against their arbitrary proceed ings, ever since they set up their present mode of govern ment ; and yet they have the confidence to represent in Congress, that "every condescending measure that could be invented, has been tried from the beginning of the schism, and rejected," when in fact they have never given up the least point complained of from first to last The foregoing facts will evidently appear, whenever they may be called in question, by written and other authentic vouchers. We shall now offer some reasons of the propriety of the Grants being a distinct State, upon principle of prudence and equity. And, I''. As to their local situation — the lands near Con necticut-River, between the mountains heights on each side, that are suitable for cultivation, in a general way are about thirty-six or forty miles wide, and about one hundred and fifty miles in length from Massachusetts North line (as they now exercise jurisdiction) to Canada South line, as settled in 1764; thro' which Connecticut-River runs so as about '*Red. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 32 1 equally divides it lengthwise, and therefore the River's being made a dividing line between two States, divides a country that Providence has wisely calculated to belong to gether, and so situated that the inhabitants living thereon may, by being united, manage their political affairs with convenience ; and so calculated by proper intervales through the western mountains or heights, that the passes to and from the inhabitants on the Grants west of the Green Mountains (so called) are convenient. 2. The connections and commerce of the people* on each side of the river, are, and always will be, so interwoven and connected* with each other, that it would be very disadvanta geous to be in two different jurisdictions. 3. The inhabitants (almost to a man) emigrated from the Massachusetts-Bay and Connecticut, but chiefly from Con necticut ; whereby their manners, customs and habits are conformable to each other, and their principles and senti ments the same in regard to religion and civil government ; but very different from the people of the States of New- York and New-Hampshire : which different principles by education and custom are become so habitual and heredi tary, that it is beyond the power of man to eradicate them, and therefore will cause a jarring discord between them so long as they are continued together. 4. The Grants (exclusive of those in the northeast part which lie more contiguous to the center of New-Hampshire) will make a respectable State by themselves, and the other two States not be injured thereby, especially New-York; and as to New-Hampshire, it will be much larger than it ever was until since the- last war, and more than twice as large in extent of territory as the State of Rhode-Island. 5. The people inhabiting these lands, having undergone the hardships and fatigues of settling this once howling wil derness, and the sufferings and losses occasioned by the war; and having exerted themselves to their utmost (in the grand American cause) with their brethren of the United States, ought not after all to be divided and apportioned to and be tween New- York and New-Hampshire, merely to serve them selves of us, for their political and interested purposes — and all because they will establish that arbitrary line of 1764. *Red. 21 322 NEW HAMPSHIRE GRANTS. 6. These Grants* are so situated that they will always be an important frontier to the United States* (so long as Can ada continues under the control of Great-Britain) and by being a distinct State, will be in a much better capacity to act their part as such, than by being the out-skirts of other States. 7. In the early settlement of this country, the Reverend Doctor Wheelock' s charity school, founded on the most no ble and benevolent basis, and incorporated with a University by grant or patent from the King of Great-Britain, was in troduced and settled in this part of the country ; which we esteem an inestimable benefit and advantage to this new State, as well as to the Continent ; and which the inhabi tants of this State are disposed to patronize to their utmost — but on the contrary, if it falls into the State of New- Hampshire, it will be in a State which has heretofore (as such) shewn a very cool disposition towards it, and probably will continue the same neglect of it, and principally (per haps) on account of its situation. 8. The people on the Grants are well agreed and united in their plan of government already adopted, whereas New- Hampshire have not as yet agreed on any, and there is very little prospect (by accounts) that they will soon. And as to New- York constitution or plan of government, if there was no other objection, that alone would be a sufficient bar in the way of connecting them. 9. The great distance most of the towns would be at from their several seats of government, in case they were con nected with New-York and New-Hampshire, is a powerful reason why they should not belong to them, if there was nothing else to be offered on the head. ' Therefore, on the whole of the foregoing facts and obser vations, we are fully persuaded (and believe every impartial judge will be also) that the people on the Grants, considered in every point of view, have a natural, legal and equitable right to unite together and form themselves into a distinct State or Government, in the manner they have done, and that they are all on both sides of the river, upon the same political foundation, and have an equal right to act in the affair : for certainly if the line settled in 1764 is established for New-Hampshire, it is also for New- York : and if it is *Red. PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS. 323 void as to New- York, it is also void as to New-Hampshire : but sufficient has been already offered to shew that it is void as to both. And as we are determined to be and remain together, and not be split up and divided merely to serve the interested and designing purposes of New- York and New-Hampshire, or any others ; and to convince all that our motives do not arise (as has been represented) from ambitious and schis- matical principles : but on the contrary, that they are only to obtain the privileges and benefits of civil government in common with our American brethren, and to put an end to all disputes on account of our being a distinct State, &c. We would recommend that the following terms and pro posals be made to the Assembly of New Hampshire, viz. I. To agree upon and settle a dividing line between New Hampshire and the Grants, by committees from each party, or otherwise, as they may mutually agree. Or, 2. That the parties mutually agree in a Court of Commissioners of disinterested, judicious men, of the three other New-England States, to hear and determining the disputes. Or, 3. That the whole dispute with New-Hampshire be submitted to the decision of Congress, in such way and manner as Congress in their wisdom shall prescribe. Provided always. That the Grants be allowed equal privi lege with the other party, in espousing and conducting their cause. Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New- Hampshire upon a plan of government, inclusive of extent of territory, that we unite with them, and become with them one entire State, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the King of Great Britain in 1764. Before we conclude, we think that duty to the public and regard to the honor and dignity of the Continental Congress, require that we make a few remarks on the report and dec laration of Col. Ethan Allen, before recited. On which we must observe, that if his account be true, as before related, it is in a degree alarming; as of all other legislative, judi cial or executive powers on the continent, the Congress 324 NEW HAMPSHIRE GRANTS. (who hold the supreme power) ought to stand in the highest and fairest point of view; and no court has more justly ob tained an established character for wisdom, integrity and impartiality, and none so clear from the imputation of in trigue and bribery of any kind whatsoever. And as it is of the highest importance that their character be supported ; and that they and the public be acquainted with everything of a public nature, which is derogatory to the honor and integrity of that august body, we have thought it expedient to publish to the world Col. Allen's representation of the conduct of the New-Hampshire delegates, contained in his report and declaration before rehearsed, which we conceive to be of that kind. And although it has the appearance of partial friendship to this new State, yet we wholly reject it, as being done without their knowledge or desire :* that it savors too much of intrigue and bribery, and is a method of obtaining our cause that we despise, for we desire not to have that honorable body or any member of it, injure their character for the sake of helping us ; nor that they do the same to our injury. If the justice of our cause, when rightly understood by impartial judges, won't support us, we are willing to fall. And as the said report and declaration are matters of fact, and lie fair for every one to make his com ments upon, we submit them without saying anything fur ther thereon. Jacob Bayley, \ Elisha Payne, V Committee. Beza Woodward, ) New-Hampshire Grants, Dec. I, 1778. * Altho' it is evident by Col. Allen^s report that he was not constitu tionally appointed to appear at Congress as agent for the State of Ver mont, yet his going " by desire of the Governor, and at the request of several members of the Council," carries the appearance of his having authority from them for that purpose, and doubtless added great weight to his proposals to and agreements with the members of Congress in be half of the State; which "the Governor and several members of the Council " had no right to confer without a quorum of the Council consti tutionally convened, which appears by his report not to have been the case in the present instance. MEASURES FOR A NEW STATE. 325 SECTION VIH. Measures to form a new State of towns on both sides of Connecticut River. Resolves of a Convention held on the New Hamp shire Grants.* [p. IOI.] At a Convention of Delegates from twenty-two Towns on the New Hampshire Grants from both sides of Connecticut River, held at Cornish, Dec. 9^ 1778;— Voted unanimously, I. That the members of this Convention will unite to gether for the purpose of pursuing such legal and regular measures as may have a tendency to secure to these Grants the benefits of good government, without any regard to the distinction made by the arbitrary line drawn on the western bank of Connecticut-river by the King in Council, in the year 1764. 2. A pamphlet entitled A public defence of the right of the New Hampshire Grants, &-c. compiled by the major part of a Committee appointed by the Assembly of Vermont for that purpose was repeatedly read and unanimously ap proved. 3. Whereas, notwithstanding the request for this Con vention, but few of those towns whose members continue to act with said Assembly, after the protesting members had withdrawn, have sent members to this Convention ; and the conduct of the Assembly in passing the votes and resolves contained in their printed Journals, the protest, remarks, * This paper is printed in a pamphlet found in the library of the N. H. Hist. Soc, reprinted in Vol. VIII, State Pap. N. H., pp. 817, 818. -r-ED. 326 NEW HAMPSHIRE GRANTS. &c. have rendered it impracticable for said Assembly to carry into execution said resolves as therein proposed, which difficulty will continue so long as said votes stand in force ; and as the people in those towns by justifying the conduct of the Assembly in violating the Constitution, will on their part dissolve the solemn compact which they entered into by the Confederation, and the people consequently be come discharged from their allegiance and obligations to the State, Therefore, Voted, That the proposals contained in the before men tioned address, be made to New Hampshire, viz, I. To agree upon and settle a dividing line between New Hampshire and the Grants, by Committees from each party, or otherwise as they may mutually agree. Or, 2. That the parties mutually agree in the appoint ment of a Court of (I!ommissioners of disinterested judicious men of the three other New England States, to hear and determine the dispute. Or, 3. That the whole dispute with New Hampshire be submitted to the decision of Congress in such way and man ner as Congress in their wisdom shall prescribe : Provided always, that the Grants be allowed equal privi leges with the other party, in espousing and conducting their cause. Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New Hampshire upon a plan of government, inclusive of extent of territory, that we unite with them, and become with them one entire State, rejecting the arbitrary line drawn on the western bank of Connecticut river by the King of Great Britain in 1764. 4. Voted, That the inhabitants of those towns on the Grants, in the State of Vermont, who have not sent a repre sentative to this Convention, and whose members joined with the majority of said Assembly in passing the votes, on account of which the protesting members withdrew, be re quested to direct their respective members to rescind said votes, and join us in making said proposals to New Hamp shire. 5. Voted, That in case those towns whose members con tinued to act with the Assembly of Vermont, still remain MEASURES FOR A NEW STATE, 327 firm and steadfast in supporting and continuing said votes of Assembly, and neglect to join in carrying into execution said report of their Committee, we will make overtures to join with New Hampshire, on the last article in said pro posals, 6, That all the other towns on said Grants be requested to join us in making proposals to New Hampshire as before- mentioned — and that those towns which agree to join there in, be requested to transmit copies of their votes relative thereto, to Governor Marsh, Mr, Woodward, Col, Morey, Maj, Child, Col. Payne, Col. Olcott, or Gen. Baley, who are hereby appointed a Committee* for receiving them, and carrying the foregoing votes and proposals into execution, so soon as the towns on the Grants can have reasonable op portunity to join us therein. 7. Voted, That said Committee be impowered to call a Convention from the towns on the Grant, whenever any thing shall appear, which shall in their opinion, render one necessary. J, Marsh, Chairman, Extracted from the votes of said Convention, B, Woodward, Clerk. Letter from Ira Allen to Meshech Weare, relative to the existing state of affairs, dated [p. 105.] Windsor, December 12"", 1778. Hon'i Sir- As I wish to do nothing that conserns a Neighbouring State, but what should be there made known, I therefore herewith Inclose to you my Printed Letter to the Inhabi tants of this State, as also an Extract of the Prosedure of a * The above named gentlemen of the committee were prominent citi zens ofthe following towns, viz., Lieut.-Gov. Marsh, of Hartford; Bez aleel Woodward, of Hanover — from 1770 to 1778 tutor in Dartmouth college, and afterwards treasurer ; Col. Israel Morey, of Orford ; Maj. Jonathan Child, of Lyme; Col. Elisha Payne, of Cardigan or Lebanon; Col. Peter Olcott, of Norwich; and Gen. Jacob Bailey, of Newbury. Gen. Bailey was born in Newbury, Mass., July 2, 1728 ; was a captain in the French war, 1756, 1757 ; was colonel at the capture of Ticonder oga and Crown Point, 1759 ; settled at Newbury, Vt., in October, 1764, and became one of its most distinguished citizens. He died March i, 1816. (See Biog. Gov. and Coun. Vt., Vol. I, p. 117.) — Ed. 328 NEW HAMPSHIRE GRANTS, Convention called at the Request of those Gentlemen that with Drew from the council and Assembly of Vermont at their session in October last ; — said Convention was held at Cornish on the 9*'' day of Instant Decem"^. As I Providen tially Happened at said Convention, and as I have been conversant with the principal men in most of the Towns be tween this and Cohoos, shall make a few observations on the Present confused State of affairs in those Parts. There was eight Towns Represented in said Convention from the West side of the River and Probable two or three more may joine them. But in most if not all of said Towns there is a large minority in oposition to such Prosedure. In the sixteen Towns sed to be in union with this State sine the Brake in the Assembly of October Last, the Party that was in favour of New Hampshire have considerably Increased. Within the disaffected Towns on both sides of the River are several Gentlemen whose Design is to Brake up this [p. 106.] State and connect the whole to New Hampshire for the sole Purpose of Bringing the seat of Government on Con necticut River at or near the College, and to establish a Plan of Government similar to Vermoiit. There is no authority exercised East of Connecticut River by this State, and I dare Engage at the Risque of my Rep utation as a man of Honour or common sense, that the fu ture General Assembly of this State will not countenance an encroachment on the State of New Hampshire. In the year 1764 by an Arbitrary act of the Crown the Grants West of the River was put under the Jurisdiction of New York, where the Inhabitants have since Experianced all the Evils that a Colden, Dunmore and Tryon, together with a clan of New York Land jobbers could invent and in flict ;— in the course of which troubles (as I am informed) ap plication was made to New Hampshire to assert their clame, which was Reffused The Inhabitants on the West side of the Green Mountain Boldly asserted their Rights and De fended their Property untill the late Revolution ; soon after which Overtures was made to the Inhabitants of the then Counties of Cumberland and Gloucester who had in some degree submitt to the Arbitrary Power of New York and had then members in the Provential Congress of said State ; after many Perswasive Arguments the Inhabitants in said MEASURES FOR A NEW STATE. 329 Counties connected with those on the West side of the Green Mountain to form a State, and proseded to form a Constitution &c. [p. 107.] Had it not been for that the Inhabitants of this State would by their own consent been effectually bound to New York, by connecting with them in forming a constitu tion &c. Had that been the case no one would have been so hardy as to have thought of claiming the antient jurisdic tion of New Hampshire, nor even New Hampshire of claim ing the now State of Vermont, any more than the Massa chusetts Bay the southerly part of said States. But it seems a few Restless Uneasy men not having the good of either of the States at Heart, (but their own private Interest and Immoliment) are about to clame the antient Jurisdiction of New Hampshire. Should that be the case, doubt not but they will meet with such treatment as to Justice may apper tain. I am, Honor^ Sir, with due Respect Your most obedient Humble Servant Ira Allen. The Honourable Meshech Weare, Esq"^. Address to the Inhabitants of the State of Vermont, by Ira Allen, dated at Dresden, Nov. 27, 1778. [From a printed Document.] [p. 109,] To THE Inhabitants of the State of Vermont. Gentlemen — Whereas the General Assembly of this State did appoint me to wait on the Honorable Meshech Weare, Esq. President of the Council of the State of New Hampshire, with a Letter from his Excellency Thomas Chittenden, Esq. and another from Col. Ethan Allen, &c. And where as several of the members of the Honorable Council and Assembly of this State, desired me to write to them (on my return from New Hamp shire) the state of affairs relative to the Union with sixteen Towns east of Connecticut-River and this State : I therefore beg leave to state the following as a short state ofthe matter, viz. When I arrived at Exeter found the General Assembly then sitting, delivered said Letters to the President, who after examining the same in Council, sent them to the House for their inspection : the said Letters were again read and largely discoursed on, and a Committee appointed from both Houses to answer the same. — I being then present besides having many other conferences with the members of both Houses, found -,Q NEW HAMPSHIRE GRANTS. that thev were unanimous for maintaining Inviolable their Jurisdiction to the East Banks of Connecticut-River, but that they had no disposition to interfere with the State of Vermont in its first described Limits which will more fully appear by their Resolution in the affair of Mr, Hovey Tnd an Extract of President Weare's Letter to Col. Ethan Allen, which is as follows, viz. " State of New Hampshire In the House of Representatives, Nov. lo*, 1778. According to the Vote of the House of this day, the Honorab e Council and House being met in the Assembly Chamber, the Honorable Meshech Weare, Esq, in the chair, proceeded to take under considera tion the Petition of Nathaniel Hovey, preferred to the Honorable Com mittee of Safety of this State on the 24"^ September last,* and the further transactions thereon— And upon consideraUon of the same came to the following Resolutions and reported. That two Hundred Pounds be granted to the said Hovey, out of the Treasury, by order ot the President, for his present necessides, to be by him accounted tor ; and that the persons named as Rioters in his complaint and Petition, to gether with Nehemiah Estabrook, of Lebanon, be notified to attend ttie hearing of said Pedtion before the General Assembly, if sitting, or Com mittee of Safety of this State in the recess, on the Second Thursday ot December next, and that the Secretary be directed to issue proper no tice to the said persons ; and that Capt, Samuel Atkinson, of Boscawen, be directed to Notify them accordingly :— Which Report was read and accepted." Sent up for concurrence. John Dudley, Speaker, Pro. Tem. A copy Examined by E. Thompson, Sec^." [From Mr. Weare's Letter.] "As you have been so full and explicit in your own sentiments, I trust the Body of your people will be of the same opinion, as I am sure every sensible person will ; notwithstanding bhnd designs of some un easy and never to be contented men, whose views must certainly be more detrimental to you than they possibly can be to New Hampshire — Whatever may be determined by Congress relative to the acknowledg ment of your Independence will be freely acquiesced in by this State." [p. 1 10, J I find by enquiring into the situation of the Grants (so called) east of Connecticut River, that the Towns in the County of Cheshir are almost Unanimously Represented in the General Assembly of New Hampshire — and that about twelve Towns in the County of Grafton are also Represented in the Assembly of New Hampshire — ^and that in the sixteen "Towns in connection with this State by said union, there is a large minority in opposition to said union. Amongst the arguments made use of by New Hampshire to support their claim to Connecticut River, are the following, viz. That by the determination of the Court of Great Britain in establishing Provinces in North America, said Lands were included in the jurisdic- diction of New Hampshire, and in consequence of that many Charters *See Vol. VII N, H. Hist. Coll., p. 167, and Town Pap. N. H., vol. IX, p. 465. — Ed. MEASURES FOR A NEW STATE. 33 1 for Towns was granted by the Governor of said Province with all the priviledges and immunities that any other Towns in said Province did enjoy, which they held under the Crown untill the Revolution ; at which time Circular Letters was sent to the several Towns thro' that Province, to Choose Members to form a Congress to transact the pohtical busi ness of the State, at which time several of those Towns now in- union with this State sent Members : About a year after a second Congress was chosen, and some of said Towns sent members. Said Congress then established a Plan of Government which was to remain in force untill the exigencies of the State would admit of more leasure time to form another; — which plan or Constitution of said State has ever since and now remain to be governed by. Since the depreciation of Money, an additional pay has been given by the State of New Hampshire to the Militia of said State, in addition to their Continental pay when in such service ; which pay has been cheerfully received by the Militia of said Towns. Thus Gentlemen I have given you a short state of facts, agreeable to the best information I can get, by which you will observe that the State of New Hampshire are willing that the State of Vermont should be a State in its first described limits west of Connecticut River. I have also to observe, that by several authentick Accounts lately re ceived from the Honorable Continental Congress, that the Delegates are willing that the State of Vermont should be a State within its first de scribed limits (the Delegates of New York excepted) which fully ap pears from that Honorable Body's not passing any Resolves against any of the Proceedings of the State of Vermont since its formation, altho' often requested by New York. Having met with several printed papers published by order of those Gentlemen that withdrew from the General Assembly of this State at their session in October last : But as I did not design this Letter for an answer thereto, shall make but few remarks thereon : — In the course of which papers there is a request to all the Towns on the Grants on both sides of the River, whether united with the State of Vermont or not, to send members to form a Convention to consult and agree upon measures whereby we may all be united together, by being and remaining a distinct State, on such foundation that we may be ad mitted into confederation with the United States of America, and under their protection, &c. A very large part of the Towns on the Grants west of the Mason line and East of Connecticut River, are Represented in the General Assem bly of New Hampshire, and consequently they are Represented in Con gress : therefore they cannot withdraw from New Hampshire, and con- [p. III.] nect with any other body politick, and present themselves to Congress to be taken into Confederation with the United States, for they are already taken into Confederation by the way of New Hamp shire : — The way them Towns could Act, were they to send members to said Convention, would be to act on the latter clause of the Warrant which is to claim the Antient jurisdiction of the Government of New Hampshire, and in that way defend ourselves against the pretended right of jurisdiction of any other State, and thereby become one entire State according to the extent of New Hampshire Province as it stood 332 NEW HAMPSHIRE GRANTS. before the Decree in 1764 took place — But whether that is the design of the Convention or not I leave the candid reader to determine. I appeal to every person's own conscience in the State of Vermont, whether when the inhabitants on the west and east sides of the Green Mountain, first connected together to become one body politick, they did it under a view that the Grants east of Connecticut River would join them : and if it had not been for that, they would not have joined in said plan. All those that did unite together in one body politick to form a State west of Connecticut River, will, I doubt not, on due consideration, pur sue that desirable object ; (if any difiiculties should arise so as unhap pily to separate those Towns east of Connecticut River from this State) for in that view of the case we should then enjoy all we first expected ; and as the Constitution of this State is so happily calculated to preserve inviolable the rights of the people ; and as in it there is amj^le provi sion made for the propagation of the Gospel, together with proper Sem inaries and Schools of learning, which are among the greatest blessings God in his wisdom ever bestowed on the fallen race of man. By what has already been elucidated, it appears that the State of Vermont is in favor with the United States of America ; therefore if the people in said State are, and continue steadfast to maintain the same, they will without doubt support the Independence of said State, so long as the United States do theirs. ¦ Since the choice appears to be in the brest of the good people of this State whether they will be governed by the agreeable Constitution they have made, or lay that a side and seek for connections with a neigh bouring State, which is some in debt, and whose known plan of repre sentation is by numbers, so that it would take five or six of our new Towns to send one member; and when we consider that those infant plantations have gone thro' numberless fatigues and expences to defend their just rights from the arbitrary power of New- York ; and since this present contest we have been a fronder to three neighbouring States, our inhabitants have been obliged to flee before their enemy, our sol diery often called forth by alarums, who have fought and bled nobly on the field for the defence of their country : — Is there not a much greater probability that we should be considered for those extraordinary diffi- culdes, by the Honorable, the Grand Council of America, in defraying the expense of this unnatural war, than by the legislature of any State whose private interest would be nearer connected with ours. I doubt not but every reasonable person will, on due deliberation de termine that it is best, wisest, and cheapest for the good people of this State, to steadily pursue their plan of Government which will transmit to posterity the blessings of a free State. I am, Gentiemen, with due respect Your most most obedient. Humble servant, ¦n, J T.T , .,. IR-*^ Allen. Dresden, November 27"!, 1778. MEASURES FOR A NEW STATE. 333 Final dissolution of the Union of Towns East of Connecticut River with the State of Vermont. [From Slade's Vermont State Papers, pp. 102, 103.] Report of a Committee, &»t. " In General Assembly, February 12*, 1779. Resumed the consideration of the union between this State and six teen towns east of Connecticut river; when, the instructions of the freemen of this State to their representatives concerning said union, being examined, it appears that they are instructed to recede from such union. Therefore Resolved, that Mr. Hibbert and Mr. Wells be a Committee to join a Committee from the Council to prepare a draught relative to dissolving the union between the sixteen towns, before mentioned, and this State ; and report thereon to this House. The Committee appointed to prepare a draught relative to dissolving the union with sixteen towns east of Connecticut river, with this State, brought in the following Report, viz. Whereas, in consequence of a representation made to the General Assembly of this State, at their session at Windsor, in March 1778, by a Committee consisting of seven persons, inhabiting several towns, lying contiguous to the east side of Connecticut river, that a number of inhabited towns, east of said river, were then unconnected with any State, in regard to their internal police ; and, on said Committee's ap plication to the General Assembly, that the said towns might be admit ted into the union with this State, orders were issued by the Assembly to the representatives' constituents, for instructions in the premises ; And, whereas, in consequence of such instructions, the representa tives of said constituents, when met, at their adjourned session, at Ben nington, on the eleventh day of June last, did receive into union with said State sixteen towns east of Connecticut river, and grant leave for other towns to unite, if they should choose ; And whereas, a dispute has arisen in respect to the right New Hamp shire have to exercise jurisdiction over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq., by Meshech Weare, Esq. President of the Honorable Council of the State of New Hampshire, dated August 22'', 1778 : And whereas, the General Assembly of this State did at their session at Windsor, in October last, agree on certain methods (contained in the report of the Grand Committee of both houses) to settle and adjust the dispute with New Hampshire, nevertheless, the measures to be pur sued to effect those methods, were rendered impracticable by the mem bers east of said river withdrawing themselves from the house, in an unconstitutional manner, and forming a Convention, in direct violation of the most solemn oaths and obligations into which they had entered, declaring themselves discharged from any and every former confedera tion and association with this State : And whereas, your Committee have just grounds to apprehend, that the said sixteen towns are, of right, included within the jurisdiction of 334 NEW HAMPSHIRE GRANTS. New-Hampshire ; they are therefore, of opinion, that the said union ouffht to be considered as being null from the beginning ° Jonas Fay,* Chairman of Committee. The above draught being read, was accepted, and this house do, thereupon, resolve that the said union be, and is hereby dissolved, and made totally void, null and extinct: and that his Excellency the Gov ernor be, and he is hereby directed to communicate the foregoing draught, and resolve thereon, to the President of the Council of the State of New Hampshire." Letter from Thomas Chittenden to Meshech Weare relating to the foregoing Resolve, &c., dated [p. 12 I.J Bennington, 26'" February, 1779. In Council. Sir — Your favour of the 5"" of November last was seasonably delivered me by Ira Allen, Esq, I have purposely omited an answer until the General Assembly at their present session, should be able to direct me in what manner I might be warranted to do it, which I find cannot be more explicit ly done, than by enclosing their Resolution for dissolving the union (so called) with sixteen Towns east of Connecti cut River, which I herein enclose. The Laws of this State are now nearly flted for the press, and will be immediately printed and circulated amongst the inhabitants ; the execution of which, I flatter myself, will prove sufficient to quiet any disturbances among the inhab itants west of Connecticut River ; but as those on the east side (who have been heretofore considered as being united with this State) are accomplices with some few disaffected persons on the west side Connecticut River, in creating * Dr, Jonas Fay resided at Bennington, Vt, He was son of Stephen Fay, born at Hardwick, Mass,, Jan, 17, 1737, came with his father to Bennington, 1766, and soon took and held prominent positions in civil and military affairs in the new state. At the age of 19 he served in the French war, 1756; was with Ethan Allen, as surgeon, in the capture of Ticonderoga in May, 1775, In July that year was appointed by Massa chusetts committee to muster troops sent on to Ticonderoga. Was of the Vermont council of safety in 1777-8, of the state council seven years, agent of the state to the continental congress four times, from 1777 to 1782, a judge of the supreme court, 1782, and judge of probate from 1782 to 1786. After 1800 he resided awhile in Charlotte and Pawlet, and died in Bennington, March 6, i8i8, aged 81. (See Biog. Gov. and Coun. Ver., Vol. I, p. 122.) — Ed. MEASURES FOR A NEW STATE. 335 Feuds and Jealousies to the disturbance of N. Hampshire as well as this State, your wisdom therefore in quieting those disturbances east of the River will doubtless prove sufficient The bearer hereof, Ira Allen, Esq., who is appointed to communicate this, will be able to give further inteligence in the premises. I am. Sir, with sentiments of esteem Your honor's most obedient humble servant, Thos. Chittenden. The Hont'^ Meshech Wear, Esq., President of the hon''' Council of the State of New Hampshire. Letter from Ethan Allen to Meshech Weare, dated [p. 123.] Bennington, 4"" March, 1779. Sir — The union which Impolitically was for a Time adheard to by a Majority of this State, and which Rec'd its death wound at the session of our General Assembly in October last, at Windsor, has at our late session at Bennington, been in the fullest and most explicit manner Desolved ; and that without a Dissenting vote. And as the Laws of this State are nearly ready for the press, and will soon be Promulgated among the People, after which this Government will Exert itself to Quiet the schism on this side of the River, and I hope your Government will vigerously Exert their author ity to the East Banks of the River ; for I consider the schism on both sides to be equally against both governments, and therefore both should join to suppress it. [p. 125.] I have this further Reason for the Exertion of Government ; as I am confident that argument will be lost with them, for the heads of the schism at large are a Petu- lent, Pettefoging, Scribling sort of Gentry, that will keep any Government in hot water, till they are Thoroughly brought under by the Exertions of authority. This matter, I submit to your better judgment, and re main, with Due Respects your honor's Most Obedient and Hum'* serv', Ethan Allen. Bennington, March the 4'^ 1779. Hon'® Mesheck Weare, Esq'". ,,5 NEW HAMPSHIRE GRANTS. SECTION IX. Proposal to unite all the New Hampshire Grants WITH the State of New Hampshire. Petition of Jacob Bailey and Davenport Phelps, relating to a connection of all the New Hampshire Grants with the State of New Hampshire. [Copied from Slade's State Papers, pp. 104-105.] To the Honorable the President in Council, and the Rep resentatives of the State of New Hampshire, in General Assembly convened : The subscribers hereto, beg leave to represent: — That a large number of Charters of Incorporation of cer tain tracts of land, were formerly issued from their Excel lencies Benning Wentworth and John Wentworth, Esqr', in the name of the King of Great Britain, lying and being west of the Mason Grant, and east of a north line drawn from the north-west corner of the now State of the Massa chusetts Bay to Lake Champlain, and from thence to the latitude of forty-five degrees: That in the year 1764, the aforesaid King of Great Britain, in violation of his contract with the grantees, and in an arbitrary manner, passed a decree, that there should be a division of the aforesaid Grants between the then Province of New York and New Hamp shire ; to which decree the inhabitants of said grants were then, and have ever since been averse ; as they were, there by deprived of privileges, which they of right claimed, and, in their settlement, reasonably expected, within the juris diction of New Hampshire ; — That the inhabitants afore said, since the declaration of independence, view themselves at liberty to connect in one body politic, or unite with any other State; — That they are now, in general, desirous of an union with the State of New Hampshire; — That the representatives of the people in Assembly, on the 20"^ of October last. Voted, that a defence of the rights of the peo ple be stated by a Committee appointed for that purpose, proposed union with new HAMPSHIRE. 337 and that answers to some letters &c. be drafted by said Committee. Also, that offers be made to the State of New Hampshire either to settle a boundary line between said New Hampshire and the Grants, by a Committee mutually chosen, or in such way as Congress may point out ; or to make an offer of the whole of said Grants to New Hamp shire : That on the 9"* day of December last, by a Convention of Committees delegated by the inhabitants of said grants,* it was voted, that proposals of an union with said New Hamp shire be made to the Assembly of said State. In consequence whereof, we, the subscribers, being duly authorized for that purpose, do now propose to this honora ble Court, that the whole of said grants be connected and confederated with said State of New Hampshire, receiving and enjoying equal privileges and immunities with the good people of said State. Dated at Newbury, this 17"" day of March, 1779, Jacob BAiLEvf Davenport Phelps. Proceedings of the Legislature of New Hampshire, on the foregoing Petition : State of New Hampshire. In the Housfe of Representatives, April 2^, lyyc). The Committee on the petition of Gen. Bailey and Mr. Phelps, relating to the New Hampshire Grants, so called, reported. That this State should lay claim to the jurisdic tion of the whole of the New Hampshire Grants, so called, lying to the westward of Connecticut River, setting forth the right this State has to the same : Allowing and conced ing, nevertheless, that if the honourable Continental Con gress shall allow the said Grants to the westward of Con necticut river, to be a separate State, as now claimed by some of the inhabitants thereof, by the name of Vermont, that in such case, the State of New Hampshire will acqui esce therein: — And that this State shall exercise jurisdiction *'Only eight towns in Vermont were represented in this convention. — ^Williams-.f In Slade's Papers tbe name is erroneously spelled Bailey. 22 338 NEW HAMPSHIRE GRANTS. as far as the western bank of Connecticut river, and no fur ther, until the dispute is settled by Congress. By order of the major part of the Committee, (Signed) Josiah Bartlett, Ch. Which report being read and considered — Voted, That it He for further consideration, until the next session of the General Assembly of this State. Sent up for concurrence, John Langdon, Speaker. In Council the same day, read, and concurred. E. Thompson, Sec'ry. State of New Hampshire. In the House of Representatives, June 24*'', 1779. The House, by vote, took under consideration the report of the Committee of the second day of April last, which was, at that session. Voted to lie for consideration until this session, relative to the New Hampshire grants &c. And the question being put, whether the report of the said Com mittee be received and accepted or not .'' It passed in the affirmative. Sent up for concurrence, John Langdon, Speaker. In Council, the 25*'' of June, 1779, read and concurred. E. Thompson, Sec'ry. • ¦' Proposal of sundry matters to the town of Newbury, by order of a Committee signed Joseph Marsh, chairman, dated Dresden, April 23^ 1779- [p. 131.] To THE Inhabitants of the Town of Newbury, on the New Hampshire Grants : The Committee appointed by the Convention held at Cornish in December last having laid before the Assembly of New Hampshire the Proposals contained in a printed Pamphlet entitled a "Public Defence" the said Assembly have it in contemplation to extend their claim over the whole of the New Hampshire grants, submitting to Congress whether a new State shall be established on the Grants ; but have deferred a Determination of the Matter till their proposed union with new HAMPSHIRE. 339 June Sessions, that they may more fully know the Senti ments of the Inhabitants respecting such a measure. In order therefore that the real Sentiments of the Inhab itants on the Grants may be collected, and the Matter which has been long held in Suspence be brought to an Issue, the Committee request that a Return be made some time in the month of May next to General Bayley, of the following Mat ters, that they may be communicated to the General As sembly of New Hampshire, at their next Sessions. I. The Number of legal Voters in Town Meetings, as nearly as they can be conveniently ascertained. 2. The Number who attend the Town Meeting when the following Question shall be put 3. The Yeas and Nays on the following Question, viz : Whether this Town is willing that the Assembly of New Hampshire extend their claim and jurisdiction over the Whole of the Grants ; — New Hampshire at the same time submitting to Congress, whether a new State shall be estab lished on the Grants .¦" Dresden, April 23d, 1779. Per order of the Committee J. Marsh, Chairman. Agreeable to the above Request the Town of Newbury met, according to a warning for that purpose, and the Ques tion above put : Yeas 20 ) 60 soles in s'' town Nays I ) owning freeholds. Jacob Kent, Town-Clerk. Return from Hartford. [Note. Precisely the same matters and question were referred to the inhabitants of the town of Hartford (return to be made to J. Marsh), [p. 133,] and probably to other towns on the said Grants. The return from Hartford was as follows, viz. : — Ed.] " In the affirmative 19 ( " Reserving to ourselves the Right negative 4 ( we have had or could have had to be a New State Notwithstanding. Attest, Amos Robinson, Town Clerk." 340 new HAMPSHIRE GRANTS. Return from Moretown. [p. 135.] Att a Leagel Town Meeting Held in Moretown on the New Hampshire Grants, the 25"^ Day of May 1779, The Number of Voters to act in Town Meetings is forty ; fifteen attended said meeting and voted the following vote: Its our desire to be a New State but are willing to submit the matter to Congress whether we shall be a New State, and if that cannot be obtained, we Desire to be annex'd to the State of New Hampshire. And we find by information it is the opinion of the Town in general that New Hampshire extend there jurisdiction over the whole of the Grants. Noah White \ Cgjg(,(.^gjj Ebenezer Morton Return from Peacham. The Town of Peacham having Received warning from J. Marsh, Chairman, to take the Yeas & Nays on the following Question, viz. Wheather this Town is willing that the As sembly of New Hampshire, extend their claim and Jurisdic tion over the whole of the Grants ; — New Hampshire at the same time submitting to Congress Wheather a New State shall be Established on the Grants. The Town having been duly warned met accordingly, the Twenty-fifth day of May A. d: 1779, and proceeded as fol lows, viz. i^y Chose James Bayley, Moderator & Jonathan Elkins Clerk of said meeting. 2^1 Proceeded to know the number of Legal Voters in said Town and find Eleven. 3'"y The Number of Legal Voters who attended the meeting when the above Questions ware Put, and find seven, viz. James Bayley, yea Jonathan Elkins, yea Archibald Laughlin, yea John Skiels, yea James Bayley, jun^ yea Peter Johnson, yea Meshech Libby, yea Jonathan Elkins, Town Clerk. reference to congress. 341 Col. Olcott and Beza' I Woodward, agents. [p. 137.] At a meeting of the Committee of Associated towns in the northern parts of New Hampshire Grants, June 3"^, A. D. 1779.* Voted, That Col. Olcott and Mr. Woodward be and here by are appointed in the name and behalf of the people in the northern parts of the New Hampshire Grants, to use their endeavors that the Assembly of New Hampshire, at their next Sessions, assert and effectually prosecute their claim to the grants west of Connecticut River. Pr. order — Joseph Marsh, Chairman. SECTION X. Reference to Congress of Matters in Controversy. Resolves of Congress respecting the New Hampshire Grants. [p. 139.] In Congress, June i^', 1779. Whereas divers applications have been made to Congress on the part of the State of New York, & of the State of New Hampshire, relative to disturbances and animosities among inhabitants of a certain district known by the name of "The New Hampshire Grants," praying their interfer ence for the quieting thereof : Congress having taken the same into consideration : Resolved, That a Committee be appointed to repair to the Inhabitants of a certain district known by the name of the New Hampshire Grants, and enquire into the Reasons why they refuse to continue citizens of the respective States which heretofore exercised Jurisdiction over the said dis trict ; — For that as Congress are in duty bound on the one * It does not appear where this meeting was held, nor are the names of the associated towns given. — Ed. 342 NEW HAMPSHIRE GRANTS. hand to preserve inviolate the rights of the several States, so on the other, they will always be careful to provide that the Justice due to the States does not interfere with the Justice which may be due to Individuals. Resolved, That the said Committee confer with the said Inhabitants, and that they take every prudent measure to promote an amicable Settlement of all differences, and pre vent divisions and animosities so prejudicial to the United States. Resolved, That the further consideration of this subject be postponed until the said Committee shall have made Report. Ordered, That they report specially and with all conven ient speed. June 2'', 1779. Resolved, That the Committee to repair to the Inhabitants of the New Hampshire Grants consist of five, any three of whom to be empowered to act. The members chosen — Mr. Ellsworth, Mr. Edwards, Mr. Witherspoon, Mr. Attlee and Mr, Root Extract from the Minutes, Cha^, Thomson, Sec'ry, [p, 141,] Edwards, of Massachusetts Bay, Ellsworth ) J- ^ ,, , Root I Connecticut Witherspoon, of New-Jersey. Attlee, of Pennsylvania. Letter from Thomas Chittenden to Meshech Weare respect ing a jurisdictional claim of New Hampshire to the Ter ritory of Vermont, dated [p. 143.] Windsor, State of Vermont, June 3"^, 1779. oIR — The honorable Ira Allen Esq'-, who was appointed to wait on the hon"' the Council and General Assembly of N Hampshire in March last, with a letter from me, and to transact other public business of this State with them hav- ing reported to the General Assembly of this State,* that a * See statements made by Ira Allen on this subject in Vol. I, Gov. and Coun.Ver., pp. 432-435._Ed. ' REFERENCE TO CONGRESS. 343 Committee of the Assembly of N. Hampshire appointed at their last Session, brought in a Report that they tho't it ex pedient, that N. Hampshire should lay in a Jurisdictionate Claim to the territory of Vermont, and that the considera tion thereof was refered to their Sessions in June instant ; and the Assembly of this State, having this day resumed the consideration of said Report, have requested me to ac quaint your honor, that after a full & deliberate debate on the subject, they conceive, that such a claim would be at tended with very disagreeable consequences to both Gov ernments, as it would tend to encourage a dangerous Schism, created by certain disaffected persons to both Governments, which is now crumbling into its primitive nothing. I there fore earnestly request, that the State of N, Hampshire do not lay in such a claim, as I presume, that by far the greater part of the Inhabitants of this State are strenuously op posed to such a measure. The bearer Ira Allen, Esq'^' will be able to give your honor any further inteligence in the premises. I am your most obedient humble servant, Tho' Chittenden. The hon''' Meshech Weare, Esq^ President of the Council N. Hampshire. Appointment and Instructions of Ira Allen, as agent, &c., to N Hampshire. [p. 147.] In Council. State of ) Windsor, June 4*'', 1779. Vermont \ Agreable to your appointment by the General Assembly of this State, you are hereby authorized and im powered an agent to confer with the Hon*"' the Council and General Assembly of the State of New Hampshire on any political matter which may concern the Interest, Peace and Tranquility of both States, and in special to settle the boundary line of the respective Governments, as it is appre hended by this Council that such a settlement would be attended with the important consequence of quieting the Schism now subsisting, the design and tendency of which is to subvert the authority of both Governments. By order of Council Tho' Chittenden. Hon'''® Ira Allen, Esq'^' (Copy). 344 NEW HAMPSHIRE GRANTS. [Note. On the foregoing letter of Gov. Chittenden, and mission of Ira Allen, the General Assembly took action, June 24, 1779. as foUows, viz. : — Ed.] In the House of Representatives June 24'*, 1779. According to the order of the day, the Hon"' Council & House met in Committee of the whole in the Assembly Chamber, to take into consideration the Letter from Thomas Chittenden Esq'^ & the letter from General Whipple, and the petition of Gen' Bailey & Capt Phelps, and all other matters and things relating to the New Hampshire Grants, so called : The Hon"' Meshech Weare, Esq'' in the chair. Proceeded to consider of the matters to them referred, and after some time spent thereon, came.to the following reso lution and report : That the Matters refer'd, be considered by the several Houses in their separate capacity. The Com''^ then Dissolved and the Speaker resumed the Chair & the report of the Committee being read & considered was accepted. Adjourned to 3 o'clock p. m. Met accordingly. The House by vote, took under consideration the report of the 2'' day of April last, which was at that session Voted to lay for consideration, untill this Session [see ante, p. 337] relative to the New Hampshire Grants, &c. And the Ques tion being put whether the report of the said Committee be received & accepted or not, it passed in the affirmative. Sent up by Mr. Marsh. [Concurred by the Council.] June 26*'' Voted, That the Hon"' Ebenezer Thompson Esq'' be and hereby is chosen and appointed in behalf of this State, to repair to the New Hampshire Grants, and that he be instructed to confer with the Committee of Con gress & inform them of the votes of the General Assembly respecting the Grants, and also how far the Jurisdiction of New Hampshire has been exercised, over the Grants as well on the east as on the west side of Connecticut River ; and also in what manner, and in what right the Jurisdiction originated; and also to answer any matters that may be laid before the said Committee by New York or by the In habitants of the said grants touching the dispute. Sent up by Mr. Whipple. [Concurred by the Council.] ADDRESS BY IRA ALLEN. 345 Address by Ira Allen to the Inhabitants of the State of Ver mont, relating to the aforesaid affairs. [Copied from Gov. & Coun. Rec. Ver., vol. I, App. G., pp. 436-441.] Friends and Fellow-Citizens — Pursuant to appointment by the Legislature and Instructions from the Governor and Council of this State, I waited on the General Court of New Hampshire, at their ses sion in June last, and delivered the public Writings intrusted me by the Governor of this State, to the President, which were read in Council, and sent to the House for their inspection : the House, after reading and considering the same, resolved into a Committee, to take into con sideration the whole matter respecting Vermont, which was concurred in by the Hon. Board, and Thursday the 24"" of June, the Committee met in the Assembly Chamber, and the Resolves of Congress of the I'' and 2* of June were read : Among which was the appointment of Col. Peter Olcott and Beza. Woodward, Esq ; impowering them as a Com mittee from the Cornish Convention, to use their infiuence with the General Court of New Hampshire, to extend their Claim and Jurisdic tion over the whole of the New Hampshire Grants. A question was put to said Committee by a Member of the House, How many Towns were represented in said Cornish Convention on the West side of Con necticut River ? Answer — About twenty-two in the Whole, and about half of them West of said River. Said Committee then proceeded to exhibit the Returns made on a Hand-Bill formed by the Committee of the Cornish Convention, on the 23* of April last, and sent to the several Towns in this State, for the express Purpose of getting the numbers of the Inhabitants that were willing New Hampshire should extend their Claim and Jurisdiction over the whole of the Grants — their Returns were sixty-five persons. They also alledged that they had mislaid or lost the Returns from one Town in which there were one hundred and twenty families, and but four Persons acted in Opposition to connect ing with New Hampshire : That the Reason why more Persons had not acted on said Hand-Bill, was, that they had not circulated thro' the Grants, by reason of their falling into the hands of the New Statesmen, who secreted or burnt them : 'That for Eighty miles up and down the Connecticut River, there were but two Members attended the Assembly of Vermont : — That so far as they had been able to collect the Senti ments of the People, they were very generally on the east Side of the Green Mountain, and a Number on the west Side of the Mountain, for connecting with New Hampshire : then referring to the Members of the House who lived contiguous to Connecticut River, to inform what they knew respecting the matter ; Judge Marsh, then arose, and with a Degree of Warmth asserted, that to his certain Knowledge, two-thirds of the Inhabitants of the Grants west of the River, would hold up both hands to connect with New Hampshire. A few more of the Members of the House, in conversation with the other Members had endeavored to insinuate Tenets nearly similar. I then proceeded to make my Defence ; in which 1 observed. That it was strange those Gentlemen were at a Loss to determine how many Towns were represented in the Cornish Convention, as one was the Clerk and both members of the same : That there were but eight Towns west of the River represented in said Con vention : That the Town said Committee had Reference to as having 346 NEW HAMPSHIRE GRANTS. one hundred and twenty Families, was the Town oi Norwich, in which Col, Olcott lived : That I was informed by several respectable Gentle men of that vicinity, that all due pains were taken to convene the legal Voters on Town Meeting Day ; — Some refused to attend, as they would not act against the State of Vermont ; others were tired of Town Meet ings, and neglected to attend ; — in all, thirty-one Persons met, — twen ty-seven for New Hampshire, and four for Vermont : That I had as good, if not a better right to count those who did not attend the Meet ing for Vermont, as they for New Hampshire : That sa.id Hand-Bills had been sent into the County of Bennington, in several Places, and that the People there did not take so much notice of them, as to secrete or burn them : That I was knowing to said Hand-Bills circulating thro' a very considerable part of Cumberland County : That in several Towns where they had Town Meetings on other Business, said Hand-Bills were read, and the Towns unanimously voted to have nothing to do with them : in other Towns the Select Men said, they knew nothing of " J Marsh, Chairman ; " and if they called a Town-Meeting at his Request, by the same Rule, they might have a Town Meeting every day, if any Gentleman desired it ; therefore they would have nothing to do with it : That by this open and public trial, they had proved, that Gen, Bailey, at least, was mistaken, when he asserted in his Petition (preferred to the General Assembly of New Hampshire at their Sessions in March last) That the Inhabitants of the Grants were in General, desirous of an Union with New Hatiipshire : That the Eighty Miles mentioned by said Committee, where there were but two Members attended the Assembly of Vermont, was true ; — but Part of that Distance was Woods, conse quently no Member could from thence attend ; and some of the other part was thinly settled, and several Towns joined to choose one mem ber ; but in that Distance, and for more than eighty Miles more down the River, thro' a settled Country, there were but four Towns on the River where they had got so much as one man in favor of connecting with New Hampshire, and not so much as one fourth Part of the legal Voters in those four Towns — a very small Minority indeed in favor of connecting with New Hampshire. I then proceeded to treat largely on the fundamental Arguments, viz. the change of Jurisdiction in 1764— the Proclamation issued by his Ex cellency Benning Wentworth, Esq. dated about Feb. 1765— the Heads of the Grievances the Inhabitants of Vermont have suffered from New York since 1764, to the present Era— Expence in sending Agents to Great Britain— TV^w Hampshire refusing to exert herself to recover her Jurisdiction, although often requested by the Inhabitants of the Grants, when they were put in the greatest Extremity by New York— ihe Right the People had to assume Government, since the present Revolution- Constitution and Code of Laws established— officers of Government, together with the Freemen of the State, sworn to support the Constitu tion thereof, as established by Convention— Letters from the General Court of the State of New Hampshire, in November last, giving their full approbation to the State of Vermont's being established by Con gress as such, provided the People there, as a Political Body would dis solve all Connections with sixteen Towns east of Connecticut River, whicli they alledged to be a Part of New Hampshire ;— That every En- ^gement on the Part of Vermont to New Hampshire, was fulfilled ;— Ihat Itwas one Thing for said State to lay a Jurisdictional Claim to the lerritory of Vermont, and another to exercise Jurisdiction. ADDRESS BY IRA ALLEN. 347 The Committee of both Houses dissolved, and the House resumed the subject, and voted to lay claim to the Jurisdiction of the Whole of the New Hampshire Grants, to the Westward of Connecticut River ; nevertheless, allowing and conceding, that if the Hon. Continental Con gress should establish the State of Vermont, that in such case the State of New Hampshire will acquiesce therein ; and that said State should not extend Jurisdiction farther West than the West Bank of Connecti cut River, till otherwise directed by Congress. Concurred by the Hon. Board, The General Court then chose a Committee to wait on the Committee of Congress, supposing they would come to the County of Grafton. Although this Proceedure of the Court oi New Hampshire doth not appear to be to the Disadvantage of Vermont, but rather as a Bar against New York, yet I must not omit to observe, that there are a number of the members of that Court, who would be exceeding glad to have the Territory of Vermont added to New Hatnpshire. Their prin cipal Motives to me appear to be these, viz,. That the addition of the Territory of Vermont to that State, would most certainly bring the seat of Government into another Neighborhood ; but a greater inducement is the unappropriated and Tory Lands within this State, which if ad ded to New Hampshire, would help them in the heavy lift of paying Taxes, If said Lands are a sufficient Motive for some Part cf the Gen eral Court of New Hampshire to wish to enlarge their Government for a share in them, surely it would not be for the Interest of the Inhabi tants of this State, to take in so many Partners on that Footing, but to the interest of each Individual to oppose such an ungenerous Extention oi New Hampshire ; and warrantable for the following Reasons : The State of Vermont is at this Time formidable against its old ad versary. New York, and has little or nothing to fear from her Power in Arms or Influence at Congress, — In former Days, when under British administration, for any Set of Men to rise and oppose the Authority, was thought a most daring Thing : People in general were under a strong traditional Bias in favor of Government, and but few, how much soever they might be oppressed, had that Fortitude and Patriotism, that they dare appear in Arms, to defend their just Rights, in Opposition to the undue exercise of Law, when attempted to be exercised by legal Officers of Justice ; and when they did, seldom failed of losing some of their Lives, and being vanquished by their Adversaries — witness Noble- town, Livingston'' s-Manor , Batemati's Patent, &c. — In those Days the Green Mountain Boys were put to the sad Alternative of rising in Arms, and opposing the legislative and executive Authority of New York, or of giving up their Lands and Possessions to the Land-jobbers of the said Province. Then the Green Mountain Boys were few in Number, settled in a Wilderness Country, generally poor, but little more than the Heavens to protect them and their Families from the Inclemency of the Weather, — the Justice of their case not publicly known — a rich, powerful and intriguing Province to contend with, who did not fail to send their emissaries amongst them, in order to make Divisions by Commissions, and every other way in their Power. In short no kind of Bribery or Corruption was too mean for them to be guilty of. Then were the Lives, Liberties and Properties ofthe People at Stake. In this situation a few small Companies of Green Mountain Boys (stimulated by the same patriotic Spirit of Freedom, which has since shined with a 348 NEW HAMPSHIRE GRANTS, superior Lustre from one end of this Continent to the other) baffled all the diabolical Machinations of their inveterate Adversaries for more than seven years together. Can this be accounted for without acknowl edging the propitious Agency of the Deity? In those Days, repeated Applications were made to New Hampshire, to exert herself to obtain the Jurisdiction again ; but her language then was nearly similar to that of righteous Job ; for it was. The King gave, atid the King hath taken away, and blessed be the name of the King. From that day to this, said State hath not exerted herself to obtain Jurisdiction again. It was by virtue of a royal Edict, that New Hampshire ever had a Right of Jurisdiction to the westward of Connecticut-River, and by the same Authority, in 1764, the Jurisdiction was curtailed to the West Bank of said River; and the Assembly of said Province did then acqui esce therein. The members thereof did publicly assert that they had no desire that their Province should extend any farther than said River ; and that they would not do any thing to obtain Jurisdiction over a Territo ry they did not want. — Had the People then submitted to the jurisdiction of New York, and since the present Revolution associated with them, and assisted in forming a Constitution, established Courts, &c. the In habitants would now have been effectually bound down to the Jurisdic tion of said State ; and it would have been now as much out of tha power of New Hampshire to extend their Jurisdiction to their ancient western Limits, as for the Massachusetts-Bay now to extend their Juris diction to their ancient northern Limits, — which I believe none are now so hardy as to think of. By what has been already elucidated, it appears, that the Inhabitants ofthe Grants, by their own Exertions, have saved themselves from the heavy Yoke of Bondage which New York had prepared for them and their Posterity ; and that the Right of New Hampshire (so late in the Day) to the Territory of Vermont, must be very inconsiderable : And now, for a few of the Members of that General Court, with the Assist ance of a few Individuals to the East and West of Connecticut-River (for sinister views) to think of breaking up the State of Vermont, and connecting the Territory thereof to New Hampshire, is an idle Whim, a mere Chimera.— It is well known, that by Reason of Oppression from (h^eat Britain, America revolted from her, and published to the World a List of Grievances for the Vindication of her conduct. In Uke man ner the Inhabitants of the now State of Vermont, published a List of Grievances received from New York, which to me appears as numerous and aggravating as those this Continent has against Great Britain. All governmental Power was given by God himself to the People: therefore, the Inhabitants of the now State of Vermont did associate together and assume to themselves that inestimable Blessing of Heaven — civil Government. This they did upon the same grand original Basis, or great Rule of Eternal Right, that a Number of the present Powers of Europe revolted from the several Kingdoms to which they paid Alle- glance, and on which the United States of America revolted from Great Britain, and assumed to themselves Civil Government. The Inhabi tants of Vermont, for more than ten years last past, have nobly exerted themselves for the Defence of their Liberties and Property, and in the present Revolution did most heartily join their Brethren for the joint De fence of the Liberties and Property of the Americans in general, and have ADDRESS BY IRA ALLEN. 349 distinguished themselves to the World, as a truly brave and enterpris ing People ; and it is conceded to by the United States, that they have done their full proportion in this War; — consequently they are entitled to equal privileges with the Rest of their Brethren in America. They have not delegated their natural Right of Legislation out of their own Hands : — Their Numbers and Territory are sufiicient for a State, and they have now as good a Right to govern their own internal Police as any one of the United States have theirs. By their noble Ex ertions in the Cause of Liberty, they have acquired the Esteem and Confidence of the United States— merited a Right to the Articles of Confederacy, and a Seat in the Grand Council oi America. These pre cious Privileges, I conceive, will be the ultimate Reward of their many expen^ve Toils, Battles and Hazards, and for the attainment of which they have suffered such an uncommon share of concomitant Evils. — And as I have Reason to apprehend the Grand Council of America is com posed of as great Patriots as any on Earth, doubt not but in due Time they will grant us our reasonable Request : Indeed it is for the interest of the United States to do it, as soon as the Circumstances of the Con tinent will admit ; therefore we need not hurry them. It is an ancient Maxim, that Representation and Taxation should go together ; and until this State is represented in Congress, no Continental Tax can justly be laid on it. Is it not strange that any of the Inhabitants of this State, who have perused the Constitution and Laws, and duly considered the Advantages that would accrue to each Individual by being and remaining a distinct State, would be willing to give up these Privileges, and connect with any other State : — Surely the Constitution is/upon the most liberal foun dation — the Laws are well calculated to preserve inviolate the Liberties and Property of each Individual — the Act of Oblivion settles past Con troversies, and puts those who made the La'ws and those who opposed them, on one Footing, each having a Right to the Protection of the same ; and as one common Interest runs thro' the Whole, hope that past Animosities will be forgotten, and all join Hand in Hand to sup port their common Rights and Interests. The Circumstances of this State, in some Respects, is different from every other State on the Continent : — it is not in Debt — I have as much money in my office as is due from the State except what I have taken in upon Loan, to balance which, I have in my Office, about as much Money in Continental Loan Office Notes, so that on a Balance, the State is lit tle or none in Debt, excepting what may be supposed to be the State's Proportion of the Continental Debt. (If any Individual in the State is not satisfied with this Stating of Accounts, I invite him to wait on me at my office, and I will exhibit the public Books of Debt and Credit for the Proof of the Assertion.) — But there are several valuable Tracts of Land, the Property ofthis State : — how far those Lands will go towards paying the Continental Debt, do not at this time take upon me to de termine. Every one of the United States have emitted large Sums of Mon«y, some Part of which has been called in by giving States Loan Office Notes for the same, which are yet due. By this and other Proceedures of the several States, they are in Debt. The Inhabitants of the respec tive States, have receivea the Benefits of such Debts, when they con- 350 NEW HAMPSHIRE GRANTS. tracted thera ; but the Inhabitants of this State have received no Bene fits from such Debt : And why they should any of them wish to connect with any such State, when they know they will be brought in to pay a Part ofall such arrearages, is a thing almost unaccountable. As there are four public Rights of Land in each Town in this State — one for the first settled Minister, one for Schools, one for the first settled Church Minister, and one for propagating the Gospel in foreign parts — I propose for Consideration, whether it would not be advisable for the Assembly to direct each Town to leave out the two latter, and the Avails to be by each Town appropriated for the Support of the Gos pel in the Same. Lastly, I proceed to state two Matters that are Facts, which I believe will not be disputed by any, from which I shall ask two Questions. Fact First. A certain Fraternity of Gentlemen, contiguous to Con necticut River, after the Inhabitants of the Grants west of said River, had declared themselves to be a free State, by the name of Vermont, did assert that said State had a just Right to be a State ; and that the grants East of Connecticut River were unconnected with any State, and had a just Right to join said State. Question First. Did the Dissolution of the Union (so called) lessen the Right the State of Vermont had to be a State before the said union took place? — If it did, in what Manner? Fact Second. It was also asserted by said Gentlemen that New Hampshire had no Right, Title or Color of Jurisdiction to the West of the Mason Line. — That the Grants West of the Mason Line, and East of Connecticut River, had a good Right to form themselves into a State, and would do it, if the State of Vermont would not take them into Union. — The foregoing assertions being granted : Question Second. What Propriety is there now in requesting New Hampshire to extend their Claim and Jurisdiction over the Territory of Vermont ? I am. Friends and Countrymen, your obedient and ever faithful Servant, Ira Allen. Norwich, July 13, 1779. T beg leave to subjoin the following Copy of a Letter from the Hon. Committee of Congress, to the Committee of the Yorkers in the lower part of Cumberland County. Bennington, June 23d, 1779. " Gentlemen— The Subscribers are here at present, as members of a Committee of Congress sent for the express Purpose of endeavoring to bring about an amicable Settlement of the Differences between the State of New York and the Inhabitants of the New Hampshire Grants who have formed themselves into a State called by them, the State of Vermont. "We have understood that you and others of the State of New York, have declined taking your turn of Militia Duty, for the Defence of the 1' rentiers, because the Requisition was made under the Authority of REFERENCE TO CONGRESS. 35 I the State of Vermont ; and that you have met with some Trouble on this Account. " We have therefore sent this to inform you, that we hope there will be, by Interposition of Congress, a happy Accommodation of all Differ ences in a short Time. In the mean while we have obtained a Promise of Gov. Chittenden, that you shall not be molested till matters are finally settled ; and we have engaged to write to you, voluntarily and freely to raise your full Proportion of Men, whenever your Neighbors are called, and you are informed of this, either by Continental Ofiicers, or the new .State, till such time as you have special Directions from the Governor of New York, which we hope to obtain from you, on our return Home. This we are confident you will readily comply with, as otherwise People will be tempted to impute your Conduct to Disaffec tion to the Cause ofthe United States. "We hope that you will understand that the Protection and For bearance which is promised us on your Behalf is to be considered as the only Condition of your cordially complying with our Request, and in every Respect behaving quietiy and orderly, while the Measures for Pacification are on Foot." We are, &c. John Witherspoon* Sam. j. Atlee.* Resolves of Congress respecting the New Hampshire Grants. [p. 149.] In Congress September 24, 1779. Whereas on the first day of June last, Congress by a cer tain resolution reciting, " That whereas divers applications had been made to Congress on the part of the State of New York and of the State of New Hampshire relative to differ ences and animosities among Inhabitants of a certain dis trict known by the name of "the New Hampshire Grants," praying their interference for quieting thereof, did Resolve, That a Committee be appointed to repair to the New Hamp shire Grants, and inquire into the reasons why they refused to continue Citizens of the respective States, which hereto fore exercised jurisdiction over the said district : — for that as Congress are in duty bound on the one hand to preserve inviolate the rights of the several States ; so on the other, they will always be careful to provide that the justice due to the States does not interfere with the justice which may be * I. Rev. John Witherspoon was from New Jersey. President of Princeton College, a delegate to the Continental Congress from 1776 to 1783, one of the signers of the Declaration of Independence, and em inently distinguished as a minister, a scholar, and a statesman. 2. Sam. j. Atlee was a delegate from Pennsylvania from 1778 to 1782.— Ed. 352 NEW HAMPSHIRE GRANTS. due to Individuals ; That the said Committee confer with the said inhabitants and that they take every prudent measure to promote an amicable settlement of all differences, and prevent divisions and animosities so prejudicial to the United States ; " and did further " Resolve That the further consideration of this subject be postponed until the said Committee shall have made report : " [p. 150.] And whereas it so happened that a majority of the Committee appointed in pursuance of the aforemen tioned resolution did not meet in the said district, and there fore have never executed the business committed to them, or made a regular report thereupon to Congress : — Ordered, That the said Committee be discharged : And whereas the animosities aforesaid have lately proceeded so far and risen so high as to endanger the internal peace of the United States, which renders it indispensably necessary for Congress to interpose for the restoration of quiet and good order: And, Whereas one of the great objects of the union of the United States of America is the mutual pro tection and security of their respective rights ; And, Where as it is of the last importance, to the said Union, that all causes of jealousy and discontent between the said States should be removed, and therefore that their several bound aries and jurisdictions be ascertained and settled ; and. Whereas, disputes at present subsist between the States of New Hampshire, Massachusetts Bay and New York on the one part, and the people of a district of country, called New Hampshire Grants on the other, which people deny the jurisdiction of each of the said States over the said districts;, [p. 151.] and each of the said States claim the said district against each other, as well as against the said people as appertaining in the whole or in part to them respectively : Resolved, unanimously, That it be and hereby is most earnestly recommended to the States of New Hampshire, Massachusetts Bay and New York, forthwith to pass Laws expressly authorizing Congress to hear and determine all differences between them relative to their respective bound aries, in the mode prescribed by the articles of Confedera tion, so that Congress may proceed thereon by the first day of February next at farthest ; and further, that the said States of New Hampshire, Massachusetts Bay & New York, do by express laws for the purpose refer to the decision of REFERENCE TO CONGRESS. 353 Congress all differences or disputes relative to jurisdiction, which they may respectively have with the people of the district aforesaid, so that Congress may proceed thereon on the said first day of February next ; and also to authorize Congress to proceed to hear and determine all disputes sub sisting between the grantees of the several States aforesaid with one another or with either of the said States re specting title to lands lying in the said district, to be heard and determined in the mode prescribed for such cases by [p. 152.] the articles of confederation aforesaid; and further to provide that no advantage be taken of the non-perform ance of the conditions of any of the grants of the said lands, but that further reasonable time be allowed for fulfilling such conditions. Resolved, Unanimously, That Congress will and hereby do pledge their faith to carry into execution & support their decisions and determinations in the premises in favor of which soever of the parties the same may be, to the end that permanent concord and harmony may be established between them ; and all cause of uneasiness removed. Resolved, Unanimously, That Congress will, on the said first day of February next proceed without delay to hear & examine into the disputes and differences relative to juris diction aforesaid between the said three States respectively, or such of them as shall pass the Laws before mentioned on the one part, and the people of the district aforesaid, who claim to be a seperate jurisdiction, on the other; and after a full and fair hearing will decide and determine the same according to equity ; and that neither of the said States shall vote on any question relative to the decision thereof ; And Congress do hereby pledge their faith to execute and [p. 153.] support their decisions and determinations in the premises. And whereas it is essential to the interest of the whole Confederacy that all intestine dissentions be carefully avoided and domestic peace and good order maintained : — Resolved, Unanimously, That it is the duty of the people of the district aforesaid, who deny the jurisdiction of all the aforenamed States, to abstain in the mean time from exer cising any power over any of the Inhabitants of the said district, who profess themselves to be citizens of, or to owe allegiance to any or either of the said States ; but that none 23 354 NEW HAMPSHIRE GRANTS. of the Towns either or in the East or West side of Connect icut river, be considered as included within the said district, but such as have heretofore actually joined in denying the Jurisdiction of either of the said States, and have assumed a seperate Jurisdiction, which they call the State of Ver mont. And further, that in the opinion of Congress, the said three States aforementioned ought in the mean time to suspend executing their Laws over any of the Inhabitants of the said district, except such of them as shall profess al legiance to and confess the jurisdiction of the same respec tively ; and further that Congress will consider any violen- [p! 154,] ees committed against the tenor, true intent and meaning of this resolution as a breach of the peace of the Confederacy, which they are determined to keep and main tain ; and to the end that all such violences and breaches of the public peace may be the better avoided in the said district ; it is hereby recommended to all the Inhabitants thereof to cultivate harmony and concord among themselves, to forbear vexing each other at law or otherwise, and to give as little occasion as possible to the interposition of Magis trates, Resolved, Unanimously, That in the opinion of Congress no unappropriated lands or estates which are or may be ad judged forfeited or confiscated lying in the said district, ought, until the final decision of Congress in the premises to be granted or sold. Ordered, That copies of the aforegoing resolutions be sent by express to the States of New York, New Hampshire and Massachusetts Bay, and to the people of the district afore said ; and that they be respectively desired to lose no time in appointing their agent or agents, and otherwise preparing [p, 155,] for the hearings aforesaid. The aforesaid Resolutions being read over and a question taken to agree to the whole : — Resolved, Unanimously, in the affirmative. Extract from the Minutes, Cha^ Thomson, Sec'y. Further Resolves of Congress in relation to the foregoing. [p. 157.] In Congress, Oct"^ 2, 1779. Whereas in the first Resolution of Congress of the 24 REFERENCE TO CONGRESS. 355 Sept. last relative to a district of Country called " New Hampshire Grants" is the following clause, viz. "And also to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the several States aforesaid with one another, or with either of the said States respecting title to lands lying in the said district, to be heard and determined in the mode prescribed for such cases by the articles of Confederation aforesaid ; " and whereas no 'provision is made in the said articles of Con federation for hearing & determining disputes between any State & the Grantees of any other State, Resolved, Unanimously that the clause above recited be repealed. Resolved, Unanimously, That it be and hereby is recom mended to the States of New Hampshire Massachusetts bay & New York, to authorize Congress to proceed to hear and determine all disputes subsisting between the grantees of the several States aforesaid with one another or with either of the said States respecting title to lands lying in the said district, to be heard & determined by Commissioners or Judges to be appointed in the mode prescribed by the ninth article of the Confederation aforesaid. Ordered, That a copy of the preceding resolves be trans mitted to the said States of New Hampshire, Massachusetts bay and New York, and also to the inhabitants of the New Hampshire Grants. Extract from the Minutes, Cha^ Thomson, Sec^. Letter from Woodbury Langdon, delegate in Congress, to Meshech Weare, respecting Vermont. [p. 159.] Philadelphia, Octo"^ y" I2*^ 1779. The reasons why I have not done myself the honour of writing to you before, are these : Soon after my arrival here I was taken very ill of a Fever, which confined me to my Bed a considerable time, and since my recovery General Whipple has gone home, who from his long residence and experience at Congress will be able to give you a more per fect account of the transactions here than can be expected from me. 356 NEW HAMPSHIRE GRANTS. Since my recovery I have attended Congress with the closest application, and shall endeavour to exert myself, if my health continues, to the utmost of my ability while here. You will have received sundry Resolutions relative to Vermont from the President of Congress, a copy of the last of which I herein inclose ; the others of the 24*" September were pass'd while I was confined, and I cannot py are alto gether to my mind. This Business in my opinion is of the greatest consequence to New Hampshire, and requires her [p. 160,] most serious attention for many very weighty Rea sons : — among which, give me leave to mention the follow ing : That as the thirteen United States have declared them selves independent — which they will beyond all doubt sup port — and at the same time have reserved to each State its particular seperate independence and sovereignty, and as New Hampshire without Vermont will be very small and weak compared with her neighbouring States, and it cannot be expected in the nature of things, but that some day or other differences will arise between that State and her neighbours, in which case she will be under great disadvan tages on account of her weakness ; it therefore is her indis pensable duty in the first seting out, to endeavour by all proper means to be as much on a footing with her neigh bours as possible : of the truth of this I am more & more con vinced every day ; it will also give her greater weight in the grand Councils of America, and be an amazing saving of Tax — both which are objects well worthy consideration. The same reasons will apply to Vermont, against her being a seperate State, and in favor of her being connected with New Hampshire : — indeed there does not appear to me the [p. 161.] least probability that Vermont will be allowed to be a seperate State ; and every step that has been or may be taken by New Hampshire to countenance it weakens her claim fat beyond what many gentlemen of New Hampshire have any conception of, and will be so considered in decid ing the dispute ; therefore I wish most heartily that New Hampshire and the Inhabitants of what is called the Grants or Vermont would, for the interest of both, lay aside every thought of making the latter a seperate State, and unite in their endeavours to be one State, in which case, in my opin ion, they will succeed ; but if Vermont persists in endeav ouring to be a seperate State and New Hampshire appears REFERENCE TO CONGRESS. 357 to acquiesce, they will very likely both be disappointed, and in all probability Vermont will be adjudged to New York. I confess I am anxiously concerned for the settlement of this matter; and when I declare that I have no private interest in the tract of country called Vermont, and never expect to have, it will, I flatter myself, be admitted that I can have no view seperate from the true Interest of New Hampshire, when I endeavour to prevent the Grants from being loped off from New Hampshire, of which without vigorous exertions there appears to be danger. [p. 162,] The Delegates of New York, Massachusetts Bay and New Hampshire have most of them thought it best to recommend to their several States a particular form of an act to answer the end of the Resolution referred to above, in order that there might be a similarity in the acts ; the Delegates from the two former States have accordingly sent a form of an Act to their respective States, — a copy of which I have thought it my duty to inclose herein ; and the General Court will adopt it or not as they may think proper. If it should be adopted, it may be very necessary to add a clause making it of force provided New York & Massachusetts Bay pass similar Acts ; — otherwise not, — as it is at present very uncertain what will be done by those States ; and I hope I shall be pardoned when I say that I hope that care will be taken in forming every part of the Act, that no dis advantage or embarrassment may accrue to the State here after inconsequence of it. Yesterday was forwarded to you by express, sundry Res olutions of Congress respecting a supply of the Treasury, the Letter accompanying them together with the inclosed of the 1 3"' Sep"^ past sufficiently point out the necessity of the [p. 163.] measure, without my ading any thing on the sub ject. It gives me much pain to find that there appears to be a necessity for calling on the States for such large sup plies, and confess that I am not without my fears respecting the success of it ; but you must see what will be the conse quence if it does not succeed. Your Delegates have been able to procure the Proportion of Tax for New Hamp shire to be much lower that what it has hitherto been ; but it must be remembered that when hereafter the proportion of the Taxes of each State shall be finally fixed agreeable to some former Resolutions of Congress, if it shall then appear 358 NEW HAMPSHIRE GRANTS. that New Hampshire or any other State has been deficient, it will be then liable to make good such deficiency, and on the other hand, if any State has been overrated it will have credit for the same. The peculiar situation of my Family and other concerns renders it necessary for me to leave this place early in De cember, in order to return home ; which I hope will not be taken amiss by the Court, as they will remember it is agree able to my engagement with them ; it will always be the [p. 164,] height of my ambition to render the State every possible service in my power — doubtless care will be taken that such Persons are chosen to represent the State in Con gress as are fully acquainted with the dispute relative to Vermont, and to instruct them fully in that Business, I am with all due Respect your most obedient H'"' Serv* Woodbury Langdon, The Hon"' Meshach Wear, Esq'^. NOTE BY THE EDITOR. [The paper which follows is without date. The editor has not been able to ascertain either the origin or definite object of the several prop ositions or articles contained therein, but is of the opinion that they were of the nature of instructions to the agent of New Hampshire — per haps E. Thompson, Esq. — in his meeting on the grants with the com missioners appointed by congress ; or, at least, they were conditions on which the towns east and west of Connecticut river would be received on returning to the jurisdiction of New Hampshire. The paper is in dorsed as follows, viz, :] " Sundry articles to be complied with by the Legislature of New Hampshire. [p, 165.J i«*. That the Legislature of New Hampshire spir itedly support their claim to the Grants west of the river Connecticut, and exercise jurisdiction over them when they shall apply therefor. 2-'|y That the Inhabitants of the Territory east of Con necticut river, who have heretofore been in union with Ver mont, have secured to them the priviledges that the rest of the subjects of New Hampshire enjoy. 3"y That the Legislature pass an act indemnifying all persons m the union aforesaid who have acted under the REFERENCE TO CONGRESS. 359 authority of Vermont, so far as they have conducted con sistent with the common Law or the Statute Laws of said Vermont. 4'y That the Legislature of New Hampshire ratify and confirm all proceedings of any Courts which have been con stituted under the authority of Vermont, that shall be found not repugnant to Common Law or the Statute Laws under which they acted. 5'y That all actions or processes commenced in the Ter- [p. 1 66,] ritory aforesaid under the authority of Vermont aforesaid be transferred to Courts under the jurisdiction of New Hampshire without cost to the parties, in the same situation they were in before the dissolution of the union aforesaid, 6'y That equitable allowances be made by New Hamp shire for the expenditures of men and money rais'd on said Grants east of the River aforesaid for the defence of the Northern frontiers as well as the general cause of the United States. 7'y That the Towns on said Grants east of the river afore said referred to in a resolution of Congress of the 20*" of Sepf^ 1779, be excluded from Governmental Taxes hereto fore assessed. *(f^ That the act of the Legislature of New Hampshire for transporting persons from one county to another be repealed. lo'y. That all Towns and districts on the Grants east of said River be called upon to elect and send representatives [p, 167.] to the General Court of New Hampshire, and also Members to attend the Convention to form a Plan of Gov ernment, and that the appointment of all officers in the Counties of Cheshire and Grafton be suspended until said Towns are represented in the Assembly. I i'y That all deeds and conveyances of Land authentica ted according to the Laws of Vermont be held valid untill reasonable opportunity be had for their being recorded in the County Registers agreeable to the laws of New Hamp shire. 12'y That the proceedures of the several Towns in said district in their Town meetings during the time while they * By error or otherwise Sth is not herein contained. — Ed. 360 NEW HAMPSHIRE GRANTS. held themselves not subject to the jurisdiction of New Hampshire, be held valid so far as they have proceeded agreeable to the Laws of Vermont or the usages of New Hampshire, or as the Exigencies of that frontier have ren dered necessary for the security of the people against the invasions of the common enemy ; and that all the collectors of Taxes in the several Towns be impowered to compleat [p. 168,] the Collection of monies due [on] Bills now in their hands, unless where a Land Tax shall have been assessed for defraying other charges than those of the war, 1 3'y That any Towns that have been over Rated in as sessments for Taxes by the Assembly shall be equitably relieved, 1 4'y That those districts which by the Laws or usages of Vermont have been entitled to town privileges shall be con tinued in the enjoyment of them, 1 5'y That a military force be stationed on the Northern frontiers sufficient to secure the inhabitants against the in vasions of the Enemy. Letter to the Committee appointed by Congress to meet at Vermont, &c. [P- 169,] Exeter, July 3", 1779. Gentlemen — A Resolve of Congress of the first of June 1779, by which you were appointed a Committee to "repair to the Inhabi tants of a certain district known by the name of the New Hampshire Grants, and enquire into the reasons why they re fuse to continue citizens of the respective States which here tofore exercised Jurisdiction over the said district," hath been transmitted to the General Court of this State ; in con sequence of which the s" Court appointed Ebenezer Thomp son, Esq^' to wait on you at the said Grants, in behalf of the State, to answer any matters that may be offered by Persons heretofore under the Jurisdiction of New Hampshire as rea sons for their refusing to continue Citizens thereof; and any other things that may come under your Enquirv in which this State is concerned. The Hon"''' the Committee appointed by Congress, to meet at Vermont. REFERENCE TO CONGRESS. 36 I Letter from Samuel Huntington, President of Congress, to Meshech Weare, dated [p. 171-] Philadelphia, June 6, 1780. Sir — You will receive herewith enclosed an Act of Congress of the 2^ Instant, containing sundry resolutions respecting the District of Country commonly known by the name of the New Hampshire Grants, I have the honor to be, with very great respect. Sir, you obed' h"'^ Servant Sam'^ Huntington, President P, S, June 10. You have also inclosed an Act of Congress* of the 9*" Instant assigning the Second Tuesday of Septem ber next, for hearing &c, the Disputes respecting the New Hampshire Grants in the manner therein expressed. I am, ut supra, S. Huntington, President The Hon"'"' President of the Council of New Hampshire. Resolutions of Congress, in relation to affairs in the New Hampshire Grants. [p. 1 73. J In Congress, June 2^, 1780. Whereas it is represented to Congress, and by authentic evidence laid before them it appears, that the_ people inhab iting the district of country commonly known by the name of the New Hampshire Grants, and claiming to be an inde pendent State, have, notwithstanding the resolutions of Congress of the 24'" Septem'' and 2^ Oct, proceeded as a seperate Government, to make grants of lands and sales of estates by them declared forfeited and confiscated, and have also in divers instances exercised civil and military author ity over the persons and effects of sundry inhabitants with in the said district, who profess themselves to be citizens of and to owe allegiance to the State of New York : Resolved, That the acts and proceedings of the people inhabiting the said district and claiming to be an independ ent State, as aforesaid, in contravening the good intentions * This act is not found on the files of New Hampshire. — Ed. 362 NEW HAMPSHIRE GRANTS. of the said resolutions of the 24'" September and 2^ October last, are highly unwarrantable, and subversive of the peace and welfare of the United States : That the people inhabiting the said district and claiming to be an independent State as aforesaid be and they here by are strictly required to forbear and abstain from all acts of authority civil or military over the inhabitants of any town or district, who hold themselves to be subjects of and to owe allegiance to any of the States claiming the jurisdic tion of the said territory in whole or in part, until the deci sions and determinations in the resolutions aforementioned shall be made. And whereas, the States of New Hampshire and New York have complied with the said Resolutions of the 24*'' Sept'^' and 2^ Oct. last, and by their agents and Delegates in Congress declared themselves ready to proceed in support ing their respective rights to the jurisdiction of the district [p. 174.] aforesaid in -wrhole or in part, according to their several claims, and in the mode prescribed in the said Res olutions ; and whereas Congress by their Order of the 21^ of March last did postpone the consideration of the subject of the said resolutions, nine States, exclusive of those who were parties to the question not being represented, and by their order of the 17"^ of May, have directed that letters be written to the States not represented, requesting them im mediately to send forward a representation — Resolved, That Congress will as soon as nine States, ex clusive of those who are parties to the controversy, shall be represented, proceed to hear and examine into and finally determine the disputes and differences relative to jurisdic tion between the three States of New Hampshire, Massa chusetts-bay and New York respectively, or such of them as shall have passed such Laws as are mentioned in the said resolutions of the 24"^ Sept"^ & 2^ Oct"^ last, on the one part, and the people of the district aforesaid who claim to be a seperate jurisdiction, on the other, in the mode prescribed in & by the said resolutions. Extract from the minutes Cha^ Thomson, Secy. REFERENCE TO CONGRESS. 363 Letter of Joseph Marsh, Peter Olcott, and Beza. Woodward to the President of Congress. [Copied from Gov. & Coun. Rec. Ver., App. G, Vol. II, pp. 249, 250.] Dresden, on the New Hampshire Grants July 20, A. D., 1780. Sir — May it please your Excellency : We are sensible Congress have reason to expect their re solves of the first of June last, would have such influence that the people on these Grants might wait patiently their decisions respecting thera ; but such is the disposition of those who have assumed an independent jurisdiction that not only their measures but professions are in direct oppo sition to those resolves. They have ever since their sessions in March been assiduous to obtain surveys of the ungranted lands and have now sundry parties of men out for that pur pose, who instead of resting matters are hastened on ac count of the late resolves of Congress with a view to obtain surveys of the whole before the sessions of their Assembly in October next, and we understand are determined at that time to make grants of the whole to such persons as they shall apprehend will be most useful to assist in an establish ment of a new State, and thereby at one stroke prevent an oc casion for any further prohibition of Congress, purchase ad vocates in adjacent States and procure supplies of money to accomplish their purposes. They are also taking like speedy measures in confiscating estates of persons whom they are pleased to call tories ; in respect to which it ought to be noted that their virulence is most poignant against those friends to order who oppose their rash procedures. Vast numbers are continually making application for lands, and become advocates for their establishment in order to obtain them. Agents are at the same time em ployed to impress the minds of the people with an appre hension that Congress are conscious they have no right to decide the question in respect to their being an independ ent State, and mean to postpone it from time to time, that they may establish it themselves, and construe every delay in that light. And experience shows that such suggestions however ill-grounded have too much influence. In short no measures are omitted which may tend to weaken the author ity of Congress in the minds of the people and destroy the 364 NEW HAMPSHIRE GRANTS. salutary influence of their late resolves, which they say were passed only to quiet New York till they can establish their State, New Hampshire continue to call on those towns east of the river (who have connected themselves with those west) for men, money and provisions, but as there is no authority to which they can consistently own allegiance, till Congress decide the dispute, and as they know not any right which New Hampshire (rather than Massachusetts or New York) have to call on them consistent with the resolves of Con gress on the subject in Sep'^' last, they do not comply with their orders in respect to paying taxes, and think it unrea sonable that a proposition f [proportion] be allotted to them, till they are put in a condition to perform it, which can be done only by the direction of Congress ; they are [as] Zeal ously affected in the Contest with Great Britain as any part of America, have ever had their quota of men as full as any part, and are now exerting themselves to raise their quota of recruits, from a sense of the importance of the cause ; but cannot act with that vigor as though the dispute respecting the grants was decided. The people in these parts mean to abide the decision of Congress and abhor the sentiments of those who deny their right, — They will cheerfully acquiesce in anything Congress may judge proper, but ardently wish a union of the two sides of the river. New Hampshire will be their choice, if a new State be not admitted, which they have generally done expecting. We entreat a speedy decision in respect to a new State, and in case one is not admitted, that commissioners may come into the territory to decide the claim of the other States, as we apprehend the future happiness of the inhab itants who are most nearly interested ought to be consulted, inasmuch as they will be principally affected by that de cision. We add nothing in respect to the merits of the case, as we have already laid our own submission and representation of the matter before Congress last winter, which we trust will be considered in its place, A decision to be published on the Grants before a new election of officers in Vermont (in the beginning of Sep'"^^) is greatly desired, and in our view absolutely necessary before REFERENCE TO CONGRESS. 365 a meeting of their Assembly (the beginning of Oct'"^) in order to prevent their involving hundreds of people in inex tricable difficulties, by purchasing their grants of land. More than thirty thousand people on these Grants must be involved in difficulties while the matter is delayed, and the eyes of the greater part are to Congress for relief ; and unless it can be speedily obtained we are undone. We write in behalf of the Inhabitants in the northern part on both sides of Connecticut river ; and have the honor to be with the highest sentiments of duty and es teem, Sir, Your Excellency's most obedient and most humble Ser vants. Joseph Marsh ) Peter Olcott > Committee. Beza. Woodward ) His Excellency the President of Congress. Letter from Beza. Woodward to Samuel Livermore. [From MS. Letters of Correspondence in library of N. H. Hist. Soc] Dresden, 25*'' July, 1780. Sir — By a letter from Doctor Page of Charleston, I am in formed that Congress, by a resolve of the ninth of June have appointed the first Tuesday of Sept. next to hear and finally determine the dispute respecting the New Hamp"^ Grants — that the people in Cheshire County are roused by an apprehension that the Assembly of New Hampshire have no Agent appointed to attend nor delegate instructed to support their claim. We have had accounts here that you are re-appointed ; but fear it is a mistake, as we are in formed that Gen. Bellows sets off this day for Exeter with a petition for the Court to convene and prepare to support their claim. I hope you will not fail to go, as I well know your ability and disposition to take every proper measure to have set aside the line fixed by arbitrary power at Connect icut River in 1764. The Committee in this part wrote to Congress last week requesting in the most pressing manner, a speedy determination. They are to meet again at this place next week on Thursday on account of the above men tioned resolve, to determine what further may be expedient \(i^ NEW HAMPSHIRE GRANTS. for us to do in the affair; at which time I would wish for your advice. The people in general in this part have done ex pecting a new State, and wish to have every proper measure taken to support the claim of New Hampshire to the whole of the Grants, They will peaceably and cheerfully acqui esce in any decision except a re-annexation to New York and establishment of a line at this river. The settlement of the dispute is an object in which the people feel themselves deeply interested and are anxious for a determination, I have the honor to be. Sir, with much esteem and re spect, your most obedient & most humble servant Beza. Woodward. Hon" Sam' Livermore. Letter from Thomas Chittenden to President Samuel Hunt ington respecting sundry acts of Congress relating to Ver mont, dated [p. 179.] Bennington, 25'" July, 1780. Sir — Your Excellency's Letter of the 10'" ult inclosing several Acts of Congress of the 2^ and (f^ of the same month, I ac cidentally receiv'd the 6"^ instant, have laid them before my Council and taken their advice thereon ; and now beg your Excellency's Indulgence, while I treat on a subject of such moment in its nature, and which so nearly concerns the citizens of this State. However Congress may view those Resolutions, they are considered by the people of this State, as being in their na ture subversive of the natural rights which they have to Liberty & Independence, as well as incompatible with the Principles on which Congress ground their own Right to Independence, and have a natural and direct tendency to endanger the liberties of America, which have hitherto been defended at great Expense both of Blood and Treasure. Vermont's Right to Independence has been sufficiently argued, and the good consequences resulting to the United States from its first assuming Government clearly vindica ted in sundry Pamphlets, which have been officially laid be- [p. 180,] fore Congress. I beg leave to refer your Excel- REFERENCE TO CONGRESS. 367 lency to "Vermont's appeal" &c.* particularly from the 32"'' to the 42'''^ page, in which, among other things is contained a particular answer to the Resolution of the 24*'' of Septem ber, referred to in the Resolve of the 2'' of June last, and a Denial of the authority of Congress over this State, so far as relates to their existence as a free and independent Gov ernment. I find, notwithstanding, by a Resolution of the 9*" ult that Congress have assigned the 2^ Tuesday of Sep tember next to judge absolutely of the Independence of Vermont as a seperate jurisdiction. Can Congress suppose that this Government are so void of Reason as not to discern, that the Resolves of the 2^^ and 9*'' of June aforesaid (so far as the authority of Congress may be supposed to extend to this State) are directly levelled against their Independency.' Vermont as beforementioned, being a free and independent State, have denied the author ity of Congress to judge of their Jurisdiction. Over the head of all this Congress have, it appears by their Resolutions of the 9"^ ult determined that they have power to judge the cause, which has already determined the [p. 181,] essence of the Dispute; for if Vermont does not belong to some one of the United States, Congress could have no such power without their consent ; so that conse quently, determining that they have such a power, has de termined that Vermont has no right to Independency ; for it is utterly- incompatible with the Rights and Prerogatives of an Independent state to be under the controul, or arbit rament of any other Power, Vermont have, therefore, no other alternative : — they must either submit to the unwar rantable decree of Congress, or continue their Appeal to Heaven and to arms. There may in future be a Tryal at Congress, which of the United States shall possess this Territory, or how it shall be divided among them, (but this does not concern Vermont) and it is altogther probable that there have been proposals for dividing it between the States of New Hampshire and New York, the same as the King of Prussia, the Empress of Russia and the Empress of Hano [p. 182,] ver, divided Poland between those Powers; with this difference only, that the former are not in possession of Vermont, The cloud that has hovered over Vermont since the * See an abstract of said appeal in Slade's State Pap., p. 116. — Ed. T^Qg NEW HAMPSHIRE GRANTS. uno'enerous claims of New Hampshire and Massachusetts Bay, has been seen, and its motions carefully observed by this Government, who expected that Congress would have averted the storm; but disappointed in this and unjustly treated as the people (over whom I preside on the most se rious and candid deliberation) conceive themselves to be in this affair ; yet blessed by Heaven with constancy of mind, and some friends as an honest, valiant and brave people, are necessitated solemnly to declare to your Excellency, to Congress, and to the world, that as Life, Liberty, and the Rights of this People entrusted them by God are insepara ble, they do not expect to be justified in the eye of Heaven, or that Posterity would call them blessed, if they should tamely surrender and Part. Without doubt Congress have (previous to this) been ac quainted that this State hath maintained several Posts on its [p. 183,] frontiers, at its own expense, which is well known to be the only security to this Quarter of the frontier Inhab itants of the Massachusetts Bay and New Hampshire ; and it is highly probable that Albany, and such parts of the State of New York as lies to the Northward of that, would before this time have been ravaged by the common enemy, had it not been for the indefatigable exertions of this State, and the Fears which the Enemy have been, and are still possessed of, that their Retreat would be intercepted by the Troops from those Posts, and the militia of this State. Thus by guarding the Frontiers has this State secured the friend ship of a part of the private Gentlemen and yeomanry, even of those States, whose representatives it seems, are seek ing its Destruction ; and having the general approbation of disinterested States, this People are undoubtedly in a con dition to maintain Government ; but should they be deceived in such connections, yet as they are not included in the thirteen United States, but conceive themselves to be a seperate Body, they would have still in their power other [p. 184.] advantages, for they are, if necessitated to it at liberty to offer or accept Terms of cessation of Hostilities with Great Britain, without the approbation of any other man or body of men ; for on proviso that neither Congress, nor the Legislatures of those States which they represent, will support Vermont in her Independence, but devote her to the usurped Government of any other Power, she has not the most distant motives to continue Hostilities with Great REFERENCE TO CONGRESS. 369 Britain, and maintain an important Frontier for the Benefit of the United States, & for no other Reward than the un grateful one, of being enslaved by them. True, Vermont has taken an active part in the war subsisting between the United States and Great Britain under an expectation of securing her Liberty, considering the claims of Great Brit ain to make Laws " to bind the Colonies in all cases what soever without their consent," to be an abridgment of the natural Rights of Mankind, and it appears that the said Resolves of the 2^ and 9'" of June, are equally arbitrary and that they furnish equal motives to the citizens of Vermont to resist the one as the other. For if the United States have departed from the virtuous principles upon which they first commenced the war with Great Britain, and have as sumed to themselves the Power of usurping the Rights of Vermont, it is time, high time for her seriously to Consider what she is fighting for, and for what purpose she has been for more than five years last past spilling the Blood of her bravest sons. This government have dealt with severity towards the Tories, confiscated some of their estates, im prisoned some, banished some, and hanged some &c. and kept the remainder in as good subjection as any State belonging to the Union ; and they have likewise granted unto worthy Whigs in the neighbouring States some part of their unappropriated Lands, the inconsiderable avails of which have been faithfully appropriated for the Defence of the Northern Frontiers, which eventually terminates in the support of the interest and securing the Independence and sovereignty of the United States : And after having faith fully executed all this, have the mortification to meet with the resentment of Congress circulated in Hand-Bills and in [p. 185.] the New York public papers representing their conduct " in contravening the good intentions of Congress, as being highly unwarrantable and subversive of the Peace and Welfare of the United States." Those Resolves serve only to raise the aspiring Hopes and Expectations, and to revive a languishing flame of a few Tories and schismatics in this State who have never been instrumental in promoting the common cause of America. With regard to the State of Massachusetts Bay, they have not as a Legislative Body, laid any claim to the Territory of Vermont ; nor have they enacted Laws judiciously authorizing Congress to take cog nizance thereof, agreeable to the aforementioned Resolves; 24 --Q NEW HAMPSHIRE GRANTS. —a majority of their Legislative Body considering such Pretensions to be an Infringement on the Rights of Ver mont and therefore the State of Massachusetts Bay, cannot be considered as a party in this Controversy. And as to the State of New Hampshire, although they have judicially authorized Congress to n»ake a final adjudication of their late started and very extraordinary claim to the Territory of [p 1 86] Vermont, yet by recurring back to original pro ceedings between the two States, it appears that the Gen eral Court of New Hampshire had, previous to laying their said claim, settled their boundary line with the State of Vermont, and established Connecticut River for the Bound ary between the respective Governments ; and so far as the approbation of the Government of New Hampshire can go, have previously conceded to the Independence of Vermont : The particulars of which are too prolix to be given in this Letter, but are exhibited at large in a Pamphlet entitled "a concise Refutation of the Claims of New Hampshire and Massachusetts Bay to the Territory of Vermont," &c. which is herewith transmitted* as a Bar against the right of New Hampshire to a Tryal for any part of Vermont. The Go'v- ernment of New Hampshire, ever since the Royal Adjudi cation of the Boundary Line between them and the govern ment of New York in 1764, have cast the Inhabitants of the contested Territory out of their protection, and abandoned them to the Tyranny of New York ; and have very lately, [p. 187.] over the head of the settlement aforesaid, laid claim to the said territory, and enacted Laws as aforesaid, to enable Congress to judicially determine the merit of said claim. How glaringly illegal, absurd and Inconsistent must their conduct as a Legislative Body appear in this respect. Such irregularities among Individuals, arise from the ill-govern ment of the Human Passions ; but when it takes place in public Bodies, it is unpardonable, as its influence is more extensive and injurious to Society. Hence it appears that (legally speaking) neither of the States of New Hampshire or Massachusetts Bay, can be with propriety considered as parties in the controversy, and consequently, New York alone is left a competitor with Vermont. Even admitting that Congress are possessed of sufficient authority to deter- * See Gov. and Coun. Ver., vol. II, pp. 223-234 — Ed. REFERENCE TO CONGRESS. 37I mine those Disputes, agreeable to their Resolutions ; which by this Government is by no means admissible. Notwith- [p. 188.] standing the usurpation and Injustice of Neigh bouring Governments towards Vermont, and the late Reso lutions of Congress ; this Government, from a principle of virtue and a close attachment to the cause of Liberty, as well as a thorough examination of their own Policy, are induced, once more to offer Union with the United States of America, of which Congress are the legal Representa tive Body — Should this be denied, this State will propose the same to the Legislatures of the United States sepe rately, and take such other measures as self-preservation may justify. In behalf of the Council, I am. Sir, your Excellency's most obedient Hum"' Servant, Tho' Chittenden. To his Excellency, Samuel Huntington, Esq. President of Congress. (a true copy) Thomas Tolman, P. Sec'ry. Beza. Woodward' s petition in behalf of people above Charles town, N. H., Grants [Gov. and Coun. Ver., Vol. II, pp. 251-253]. [By order of a convention holden at Dresden, Aug. 30, 1780.] To his Excellency the President and the Honorable mem bers of the Congress of the United States of North America — Humbly sheweth. The petition of the principle inhabitants on Connecticut river on both sides and northward of Charleston, met in Convention at Dresden on the New Hampshire Grants, August 30'" 1780 — That the union of Canada with the United States is in our opinion of the greatest importance to them for the fol lowing reasons, viz : there is but one seaport in that coun try which we shall ever have need to defend, yet good water carriage for near two thousand miles, stretching itself in a circular manner round the thirteen United States, through 372 NEW HAMPSHIRE GRANTS. an excellent country of land, great part of which is inhabited by savages, whose furr and skin trade produces to our ene mies an annual profit which is immense. The annual produce of wheat in that country for exporta tion is very great, by which the British armies in America receive essential advantage. The capture of that country will be a leading step towards securing to the united States the profit of the fish, oil, &c. produced at and near the St. Lawrence, which would be a greatly beneficial acquisition. While they hold possession of Canada, our frontier must be very extensive, and the savages at their command, and we had almost said, the enemy destroy and take yearly from the frontiers bordering on Canada as much in value as the cost of reducing and holding that country. We are sure the defence of our frontiers costs more. The securing that country in our favor will be the only effectual means to enable us to secure those of Ohio and Missisipi, both on account of obtaining in that way the interest of the savages in our favor, and as the conveyance for the enemy (while they hold possession of Canada) of men, ammunition and provisions to those parts is not only as easy but more expeditious and safe by the waters St. Lawrence than by the Gulf of Mexico. And in our opinion those countries cannot otherwise be effectually secured. By obtaining Canada we add to ourforce thirty thousand fighting men and destroy the efficacy of the bill passed in the British Parliament in the year 1774 for extending the province of Quebec which includes the province of Main and great part of New Hampshire, these Grants, &c. the establishment of which is, without doubt, the main object of the enemy in taking and holding possession at Penobscot, and within the extent of which the United States have not a single fortress to cover their claim in opposition to that of the British. In short that bill is so extensive that should it be established the united States would have little or nothing left worth contending for, and we see not how it can be effectually destroyed but by a union of Canada with them. The body of inhabitants in that country are desirous of such union, and unless it can be bro't about speedily by sending a force into Canada, they will be under necessity to take an active part against us, which they have hitherto avoided. REFERENCE TO CONGRESS. 373. The whole force of Britain now in arms in Canada at all their posts from Quebec to Detroit including one thousand five hundred tories and Indians (who are continually roving and destroying our frontiers) does not exceed five thousand men ; one thousand are stationed in the district of Montreal, and six hundred of the rovers have that district for their head quarters. The communication from the settlements on this river to St. Charles on Chamblee river is easy — the road already opened more than half the way, the rest may be opened at very little expense, and the whole will be very good — the distance about one hundred miles. A good commander with few continental troops in addi tion to such Voluntiers as may be raised for that purpose on these Grants and in the New England States, with a suitable quantity of arms and ammunition to furnish those Canadians who are now eager for such an expedition, and will at once join us on arrival of an army there, will easily take possession of and keep the district of Montreal, and that being secured, the country above, even to and beyond the western Lakes must soon submit to the united states. Your petitioners are confident that fifteen hundred men from these Grants will turn out (if called for) to assist in taking possession of that country. They can and will chear fully furnish five hundred horses, one hundred teams and ten thousand bushels of wheat, and more if necessary, also such other grain as may be wanted on the credit of the continent from the district of country between the heights on the two sides of Connecticut river and north of the Massachusetts Bay, the inhabitants of which, (more than five thousand families) are now chiefly obliged to hold the sword in one hand and tools for husbandry in the other, and probably must continue so to do till that country is reduced, unless we have a large continental force continu ally supported here to defend us from their ravages, as our frontier is very extensive. We therefore humbly pray that Congress will be pleased to order an expedition into Canada, by the middle of Sep tember next, or as soon as possible, and publish a recom mendation to the people on the Grants and to the New England States for voluntiers to join such Continental forces as shall be sent on the expedition, and that we make 374 NEW HAMPSHIRE GRANTS. ready necessary provisions which your petitioners will chear fully comply with to the utmost of their power. And as in duty bound shall ever pray, &c. Per order of the Convention, Beza. Woodward, Clerk. Another letter from Beza. Woodward to the President of Congress, relating to the Nezv Hampshire Grants. Dresden on the New Hampshire Grants August 31'', 1780. May it please your Excellency. Col. Olcott [is] again appointed* agent in behalf of the people on both sides Connecticut river from Charleston up ward, in the dispute betwixt the claiming States and the New Hampshire Grants. — We entreat that a determination of the question " Whether a new State be allowed on the Grants," may be deferred no longer, as every confusion is taking place among the people and will continue while that point is unsettled, of which he can give particular informa tion and to whom we beg leave to refer Congress. We trust our petition by our agents last winter and the committees letter of the 20"" ult. will be brought to the view of Congress when the trial comes on. There is no one point in which the people can agree so well as in an union 'with N. Hampshire in case the whole on both sides of the river shall not be permitted to unite in a new State, which the body of the people have now done expecting — [two or three words erased] We would however entreat that after the determination that a new State be not admitted, the people may be called upon to show which of the States they wish to be united with, as the happiness and prosper ity of the inhabitants will greatly depend on their being gratified in that respect ; such a measure also will have the most effectual tendency to procure an universal acquies cence in the resolves of Congress respecting the matter, as it will evidence a tender concern in Congress for their well- fare. Great numbers think they have an undoubted right to 'Appointed by the convention at Dresden, Aug. 30, 1780. REFERENCE TO CONGRESS. 375 demand a union with New Hampshire by virtue of the com pact made with them by the King in the Grants he made of the lands by the Governor of New Hampshire. It has been suggested that the people will take arms and claim protection of Canada under the Quebec bill in oppo sition to any resolve Congress may pass against a new State, which we can assure them is without foundation in respect to the body of the people, who are waiting with earnest expectation the decision of Congress on the subject, and mean to conform their conduct to it — there are very few but what will readily acquiesce — none of any conse quence on this side the green mountains, and few on the other, however some of their leaders may desire to raise a tumult in opposition to them. Col. Olcott is vested with all the power which our people can confer while in our present distracted situation, and we hope his measures in the matter conformable to this and other papers from this quarter may be considered as the voice of the people. I write this by order and in behalf of the general Com mittee in the northern district of the grants and have the honor to be with highest sentiments of respect. Sir, Your Excellency's most obedient and most humble ser vant, Beza. Woodward, Clerk. His Excellency the President of Congress. [Endorsed] Read, Sept. i8, 1780. Letter from Hon. John Sullivan, delegate in Congress, to Meshech Weare, relating to affairs in Vermont. [p. 189.] Philadelphia, Septem"" 16, 1780. Dear Sir — Congress have not yet come to a single resolution re specting Vermont, though it has been five days on the Tapis. New York seems disposed to have a determination against its being an Independent State, & then to have Commes''^ appointed to say whether it falls to New York or New Hamps"^®. General Foulsom and myself have opposed this 376 NEW HAMPSHIRE GRANTS. and urged the appointment of Commissioners in the first Instance, both upon principles of policy & upon a conviction of the want of power in Congress to take any other step agreeable to the articles of Confederation. I last evening received Letters from several persons of note in that quarter & the adjacent parts of New Hamp' expressive of the sentiments of the people, assuring me that a Division of the Grants will be Disagreeable to all : That if Congress are determined they shall not be Independent, seven-eighths of them will petition Congress to Re-unite them to New Hampsh Col° Olcott of Vermont waited on me & assured me that this was the general sentiment of the People. I shall therefore be less violent in my opposition to that Question in future. I am exceeding happy to find that New York have appointed three Gentlemen of high spirits & all deeply interested in the event, to appear as agents for that State, breathing out nothing but Death Sz: Slaughter against those people who have so long set their authority at Defiance & painting the Bitter enmity which they have ever discovered against the Yorkers. To this I have endeavoured to oppose the moderate spirit of New Hampshire ; her readiness to acquiesce in the Determina tion of Congress & even though the Land is clearly within her limits, to submit to its being a separate State if Con- [p. 190.] gress should find it for the good of the whole. I have assisted the Yorkers in establishing the fact of an utter aversion of those people to live under their jurisdic tion, and at the same time have taken care to maintain the harmony which has ever subsisted between them & New Hampshire. This I find is likely to have the effect intended. The members begin to see, that if the lands are adjudged to New York, the Continent must be involved in a war to enforce the Determination of Congress, which can only be avoided by adjudging it to New Hamps"^; and I am con vinced this will finally turn the Scale in favor of New Hampshire. I wish to have forwarded to me as soon as pos sible, one of the New Hampshire Law Books, in which is Governor Wentworth's Commission, as the Secretary has only furnished me with an extract from it without Date. I am indeed ashamed of the papers furnished from New Hampshire, & hope for success rather from Political consid erations than from any other motives : A material paper is the prohibition to the Governor of New York in 1767 [see REFERENCE TO CONGRESS. 37/ ante p. 243] to exercise jurisdiction or grant Lands in that Territory. This I cannot obtain ; New York agents are possessed of, but will not produce it I apprehend it must be in the Secretary's office. The several papers which I wrote for when at home or such of them as can be procured ought to be forwarded. The Southern members are as ig norant of the history of New England, as we are of the lands under the Poles. I procured some useful papers in Connecticut & hope to obtain more before the final Tryal. I shall also be glad of every evidence that New Hampshire can furnish & of their Instructions from time to time. [p. 191,] We have nothing new since Gen' Gates' defeat. I have seen a private letter from Gen' Smallwood giving a particular account of the action. The loss on our side was about two hundred; the Enemy's five hundred. The brave Marylanders after being deserted by the Militia and the Commander-in-chief, performed wonders, & retired with reg ularity. General Smallwood had not heard of General Gates, when he wrote, as he had retired 200 miles from the place of action before he wrote the Letter which so much fright ened those who believed it, of which I never was of the number. We have this day rec'd Intelligence from New York that the second Division of the French fleet is on the coast. I rejoice that Gen' Washington gives New Hamp shire credit for complying with the requisitions of Congress better than any other State. I wish her to continue her exertions as the army is literally starving, & I fear will dis band ; we are using every exertion to Remedy the evils which surround us, but it is a very late hour for the Busi ness though I hope not too late. I have the honor to be most respectfully Dear Sir, your most obed* Serv*, Jn°- Sullivan. Hon"'® Meshech Weare, Esq'. Letter from Gen. Jacob Bailey to Meshech Weare, relating to Vermont, Canada, &-c. [p. 193.] Newbury, 6*'' Nov' 1780. Sr— I send Inclosed an Extract of a letter from Maj' Allen to 278 NEW HAMPSHIRE GRANTS. Capt Safford, which is very alarming to me. I question whether either of the United States may proceed so far as that Extract shows they have done. They confine the Truce to this State, as they call it the Threats they have made, and many other concurring reasons Induceth me to think the Letters of importance, and Negotiations mentioned in the abstract are noe other but in consequence of previous Proposals by Gen' Allen to the Governor of Canada in be half of Vermont.* I cannot expect any better of a member on that side the Mountains, if they cannot have their will, than to join the Enemy ; and ff they do it, will be bad for you as well as us. Immediate care ought to be taken, but the case is, men will not believe till too late : I did give notice to you of the temper of that people, and urge that you would insist at Congress for a" determination, whether Vermont was a State or not, and that without delay. In stead of that I am informed your agent at Congress opposed the motion when put. Therefore the dispute is not settled and time given to the Enemy to make the greatest offers to them People. All the' force that can be spared from Can ada is at Crown Point and Onion River; and tho' they have been for six weeks in that Quarter, and it has been in their power to Distress the People on the grants west of the mountains, yet not man kiled or Captivated nor a House Burnt ; but look on this side where People are opposed to the People on the west, in their Extravagancys they Burn, [p. 194.] kill and Captivate, and have been and now are watching to Destroy this and other places on this River. Also look at York State : What Devastations have they made, even to Fort Miller, the Country is Ransacked and burnt : is it not alarming ? On our Part we shall keep a good look out and are determined to oppose to the last. I do ex pect they will make another attack on this River. I wish you would give orders that the nighest Reg'^ in your State to us might be in Readiness ; while I am writing, Lt White came in from Onion River ; informs that a party of Enemy * The correspondence here referred to is of great historical interest and importance. It was carried on from 1779 to 1783, between parties in Vermont, New York, and Canada, with a view to detach Vermont from the United States and to annex it to the king's, dominion in Can ada. It is called the '¦'¦ Haldimand Correspondence,^'' and is published, very fully, in Gov. and Coun. Rec. Ver., Vol. II, Appendix I, pp. 396- 486, to which readers are referred. — Ed. REFERENCE ,T0 CONGRESS. 37g are still on Onion River. Your Troops are well that are here, and I am much pleased with your officers. I am, Gent" Your most obedient Humble Servant Jacob Bailey. [p. 195.] Extract of a Letterfrom Maj. Allen, dated at Otter Creek, Oct. 30, 1780, to Capt. Safford at Bethel east of the Mountains. Dear S« I received a letter from General Allen last evening in forming that the Evening before he rec'd a Flag from the British Troops at Crown Point with letters of Importance from the Commander-in-Chief at Quebec. Major Carlton hath pledged his Faith that all hostilitys shall cease on his Part during the Negotiation, and he Expects the same on our Part ; — ^you are therefore carefully to observe the rules of war and give strict orders to your scouts and Troops to govern themselves accordingly. A copy of this Letter you will forward to the Troops stationed on your side of the mountains in this State. I shall inform you of every move necessary for you moving on this side of the mountains. If the spirit of this letter were made known to the Inhabitants on your side the mountains it would be well. I am, dear S' yours, Eben"* Allen, Maj' Com"^"* Copie. Letter from Gen. Bailey to Meshech Weare, relating to the same affairs. [p. 199.] Newbury, 22"^ Nov' 1780. S"^ The season is such that the Enemy is not likely to do any more mischief at present We thought the soldiers had better be discharged, and I suppose Maj' Whitcombs soldiers will be Furlough'd ; therefore you need no issuing Commissary here; but I should think if Major Child's or any other man should continue purchasing (which I should think advisable) that Col° Charles Johnson should be 380 NEW HAMPSHIRE GRANTS. appointed to Receive. It will be doubtless necessary that at least two Hundred men is sent here as soon as the first of Feb'ry, as then the snow and Ise will be hard, and fit for Snow-shoeing, I understand General Allen has made peace for Vermont till that time ; but as we dont own that State we shall be their only butt : If the United States and your State in Particular do not take notice of such Treasonable conduct, we had better let the cause drop ; if you had the Jurisdiction of the whole Grants, which I am sure you could if you only desire it, the Country would be safe ; but if you split at the River you keep all in confusion, and must still depend for your own safety, and reap no Benefit neither by Tax nor Vacant Land, which is very considerable : While the matter hangs in suspense the Enemy may take posses sion (they claim it by the Quebec Bill, as well as Part of your State) then where is your State .'' For my part I am determined to fight for New Hamp' and the United States, as long as I am alive and have one copper in my hands ; but if our exertions are not greater and more effectual, another year will end the dispute not in our favour. [p. 201,] The United States suffer themselves to be at- tacted Front and Rear and on the Flanks, Did General Burgoin get clear when that was the case with him ,' Our Chariot is in the mire : Praying to Hercules or France without putting too the shoulder with all our might, will not do. This Frontier is the only one for five hundred miles west Remaining ; it is near the Enemy ; it is of great Importance to you as well as the other New England States, and the cause in General. Shall we forever be on the defensive, and yet not able to defend ourselves, as it is impossible we should while Canada is in the hands of the Enemy .? Shall we not make an attempt on Canada that Harbour for Spoil ers, Thieves and Robbers ? I must confess the cause is sinking so fast in my view, I am willing (as I see no other remedy) to make the attempt if I run ten chances to one to die in the attempt S' I hope you will Excuse my freedom and give me leave to subscribe myself your Hon''^ most obedient Humble Servant, TT V, , Jacob Bailey. Hon"' Meshech Weare. proposals for a new state. 381 Note by the Editor. [For other important documents relating to this controversy on the part of Vermont, and adherents on border towns of Connecticut river, from January i to December, 1780, see Gov. and Coun. Rec. Ver., Vol. II, App. E, pp. 223-278 ; also, Slade's Vermont Papers.] SECTION X. Fresh measures to form a new State of the New Hampshire Grants on both sides the Connecticut River. Proceedings of a Convention at Walpole, Nov. 15, 16, 1780.' [Copied from Slade's State Papers, pp. 126, 127 ; also, see Gov. and Coun. Ver., Vol. II, pp. 278, 279.] At a CONVENTION OF DELEGATES, from the sev eral Towns in the County of Cheshire, in the State of New Hampshire, held at Walpole in said County, on the 15"" day of November, in the year of our Lord, one thou sand seven hundred and eighty. Voted, That Dr. Page, Col. Hunt, Capt.. Holmes, Daniel Jones, Esq., and Col. Bellows, be a Committee to confer with gentlemen from any parts of the Territory, called the New Hampshire Grants, concerning the jurisdiction of the said grants, and to consider what is proper to be done, by the inhabitants thereof, relative to their j urisdic- tion ; that the same may be ascertained and established ; — Which Committee, after due enquiry and consideration, report as follows : viz. * " Delegations from three counties (Cumberland, Gloucester, N. Y., and Grafton, N. H.) having by previous agreement met on the Sth of November, 1780, at Charlestown, N. H., measures were taken to learn the sentiments of the inhabitants residing in the towns included in the district which it was proposed to establish. Until the result of this in quiry should be declared, ultimate action was postponed. Desirous of engaging in the union, the towns in the county of Cheshire, N. H., sent delegates to a meeting which was held at Walpole on the isth of No vember." — Wms. Hist, of East. Ver., p. 401. 282 NEW HAMPSHIRE GRANTS. The Committee appointed by the Convention, held at Walpole, November 15*", 1780, do report. That we have conferred with the several gentlemen present, who were committees from the different parts of the territory, called the New Hampshire Grants, viz. Cumberland, Gloucester and Grafton Counties, and do find, that many matters lately agitated with respect to the jurisdiction of the New Hamp shire Grants, render a union of the inhabitants of that terri tory indispensably necessary. The said inhabitants received the grants of their lands from the same jurisdiction, and settled them while a union was extant ; which was an im plicit engagement of authority, that it should be continued. But we were unjustly deprived of the advantages resulting from it, in the year 1764, by an arbitrary decree of Great Britain, to which we never acceded ; which decree, ho'wever, cannot be esteemed efficacious, since the declaration of Independence ; it being one of those iniquitous measures, by which they were attempting to oppress the Colonies ; and for which we have since thrown off subjection. This being the case, the union re-exists. And shall we throw it off .? God forbid. The situation of the territory aforesaid, by reason of their being a frontier, as well as many other matters, which are obvious respecting commerce and trans actions of a public nature, make it expedient that they be united in all their interests, in order to make their efforts, in that quarter, against the common enemy, more vigorous and efficacious. In -respect to government, great disadvantages may arise by a division. In that case delinquents may easily evade the operations of justice, by passing from one State to another, and thereby be induced more readily to practice iniquity in that part where the body of inhabitants and the principal traffick center. And we imagine that a union of public interests, is the only means by which the contentions and animosities, now subsisting among the inhabitants of the territory aforesaid, can be brought to a happy issue: for, so long as the course of justice is in different channels, where people are so nearly allied, disturbances will arise. From authentic information, we cannot but apprehend, that the State of New Hampshire is greatly remiss, if not grossly negligent (to call it by no harsher name) in trusting affairs of such great importance as the settlement of their western boundary, to a committee, some of whom, we conceive, would risk the loss of half the State, rather than New Hampshire PROPOSALS FOR A NEW STATE. 383 should extend their claim west of Connecticut .river. And, from the best authority that can be obtained, it appears that the agent of the State aforesaid, is endeavouring to confirm a division of the Grants, contrary to their true interests ; which has given the people on the Grants, just occasion to rouse and exert themselves in support of an union of the whole. We therefore earnestly recommend, as the only means to obtain an union, preserve peace, harmony and brotherly love, and the interest of the community in general, that a convention be called from every town within the said grants, to be held at Charlestown, on the third Tuesday of January next, at one of the clock, in the afternoon ; and that one or more members be appointed from each town, with proper instructions to unite in such measures as the major ity shall judge most conducive to consolidate an union of the grants, and effect a final settlement of the line of juris diction. B. Bellows S. Hunt D. Jones )> Committee.* L. Holmes W. Page In Convention, at Walpole, November \6^, 1780. The above report being repeatedly read. Voted, That it be accepted ; and a sufficient number of copies be printed and transmitted to the several towns on the New Hampshire Grants, on both sides of Connecticut river, for their notice, to appoint one or more members to attend the said General Convention*; — which shall be deemed a sufficient notification. By order of the Convention. Benjamin Bellows, Chairman A true copy. Attest Daniel Newcomb, Clerk. * Colonel Samuel Hunt and Dr. William Page were the delegates sent to the convention from Charlestown. Col. Benjamin Bellows (after wards General) was from Walpole. Daniel Jones, Esq., was a citizen of Hinsdale, and was the first chief-justice of the court of common pleas after the organization of the county of Cheshire in 1771. The residence of Captain Holmes has not been ascertained. Daniel Newcomb, Esq., clerk, was of Keene, and subsequently was judge of the superior court. (See Hist, of Charlestown, p. 144.) — Ed. 384 NEW HAMPSHIRE GRANTS, Letter from .Thomas Chittenden to Meshech Weare, enclosing a copy of his Letter to Congress of the 25th of July last (see ante, p. 366). [p. 203,] State of Vermont ; In Council. Bennington Dec. 12*", 1780. Sir — Inclosed I transmit your Excellency a Copy of my Letter to Congress of the 25'" July last, which together with this, I request may be laid before the Legislature of the State over whom you preside, for their perusal and consideration. The arguments and representations therein exhibited, are equally applicable for the consideration of the several Leg islatures of the United States seperately. Many and great are the evils which Vermont labour under, — Congress claiming a Jurisdiction over them, three of the United States claiming their Territory in whole or in part, and Vermont at the same time a Frontier in part to to these very States, and exposed to British Invasions, who being possessed of the Lakes, can suddenly bring their whole force into this State, which beyond Hessitation will be their object next campaign (unless some immediate measures are adopted to prevent it) as they have already destroyed the frontier settlements of the State of New [p, 204,] York ; In a word, their Force will undoubtedly be SO great, that it will be out of the power of this State to form Magazines and support a Body of Troops sufficient to withstand them ; and the consequence must inevitably be, either. That the inhabitants of this State be sacrificed or 2°'"y, be obliged to retire into the interior parts of the United States for safety : or 3""y be under the disagreeable necessity of making the best terms with the British that may be in their power. Nearly the same would be the condition of either of the United States seperately considered from their union (as they would be unable to withstand the British power ;) — which may abundantly serve to evince, that it is out of the power of 'Vermont to be further serviceable to them, unless they are admitted into union. This State are of opinion that it is high time she had better assurances from the several States now in union, whether at the conclusion of the present war, she may PROPOSALS FOR A NEW STATE. 385 without molestation enjoy her Independence, or whether she is only struggling in a Bloody War, to establish neigh bouring States in their Independence, to overthrow or swallow up her own, and deprive her citizens of their landed estates. I do therefore, in Behalf of this State, demand your Leg islature that they relinquish their claim to jurisdiction over any and every part of this State, and request them to join in a solid union with Vermont against the British Forces which invade the American States. Such a union for the mutual advantage of both States, I am ready to ratify and confirm on the part of this State. I have the honor to be, with sentiments of Respect & Esteem, your Excellency's very obed* Humble servant, Tho* Chittenden. P. S. I would recommend to your Excellency's favora ble notice, Maj' Fay the Bearer, who is a Gentleman in whom the highest confidence may be put for any further particulars of Intelligence. T. C. His Excellency, Meshech Weare, Esq, President of the Council of the State of New Hampshire. Resolutions of the General Assembly of New Hampshire, Jan. 13, 1 78 1, instructing its Delegates in Congress. [Copied from Vol. II, Rec. Gov. & Coun. Ver., App. G., p. 274.] State of New Hampshire. In House of Representatives, January 12*'', 1781. Whereas this State is subjected to many hardships & In conveniences on Account of the unsettled situation of the Inhabitants of the Tract of Land called the New Hamp shire Grants, west of Connecticut-River — A respectable number of whom, being desirous of having said Tract con firmed to this State, considering the same as part thereof — And it being highly necessary as well for the good of this State, as for the Interest of the Inhabitants of said Tract that a speedy Decision be had thereon — Therefore Resolved, that the agents & Delegates from 25 386 new HAMPSHIRE GRANTS. this State to the Continental Congress be instructed, and they are hereby instiucted to use every possible means to induce Congress to make a speedy and final Determination of the Disputes relating to the Tract of Land aforesaid— and as soon as Congress shall proceed in this matter, it is the Opinion of this State, that the said Agents and Delegates ought to use their Endeavours to have the Question, "Whether the said Tract of Land shall be a Separate and Independent State" first determined. That, ff the same shall be determined in the Negative, they and each of them urge all proper Motives & Arguments to have the same Tract confirmed to the State of New Hampshire— for which purpose they are directed to make use of the Papers now in their possession respecting the said Dispute— and to pro cure such others as may be of service. It is further Resolved that the Honorable the President be desired to enclose an Attested Copy of this Resolve & transmit the same to the said Agents & Delegates* as soon as may be. Sent up for Concurrence. John Langdon, Speaker. In Council, Jan. 13*" 1781. Read Sz; Concurred. M. Weare, Pres*. Letter from Joseph Fay to Meshech Weare, accompanying the letter of Gov. Chittenden. [p. 205,] Boston, Feby 3, 1781. Sir — Herewith your Excellency will receive a letter from Gov' Chittenden, which I intended to have had the honor of De livering in person ; but as I am informed your Assembly are not sitting at this time, Earnestly request your Excel lency to take the earliest opportunity to communicate them for their consideration, and on any determination thereon, * Our delegates in congress at this time were John Sullivan and Sam uel Livermore, who were also authorized and empowered to act as agents for New Hampshire, in respect of the New Hampshire grants. Benjamin Bellows was also chosen delegate and agent, but it does not appear that he attended. See N. H. State Pap., Vol. 8, p. 887.— Ed. PROPOSALS FOR A NEW STATE. 387 ,must beg^ your Excellency to transmit their doings to Gov ernor Chittenden — -which will be acknowledged as a favor by your Excellency's Very Ob' Humb' Serv*, Joseph Fay. His Excellency Meshech Weare, Esq. CONVENTION AT CHARLESTOWN. Note. The author of the history of Charlestown, Rev. Henry H. Saunderson, says (page 144),— "When it became known that there was to be a convention at Charlestown, each of the different parties exerted themselves to the utmost to convince the people of the importance of adopting their favorite scheme. New Hampshire, elated with expecta tion on account of the report of the convention at Walpole, was busy, through her agents, to gain every possible advantage to herself. The New York agents, who were in favor of a new state that should com prehend the towns from the Masonian line to the ridge of the Green Mountains, were also busy in propagating their views. Vermont had also those in the field who to an indomitable energy added a vigilance that was not easy to be foiled." — Ed. Origin of the Charlestown Convention of Jan. 16, 1781. [From Gov. & Coun. Rec. Ver., Vol. II. , App. K., p. 488.] In Convention of Committees from several Towns in the County of Cumberland, 31** October, 1780. Resolved, That Luke Knowlton, Esq' Hilkiah Grout, Esq' Oliver Lovell, Esq' Col° John Sargeants, Micah Town- send, Esq' Major Jonathan Hunt, Simon Stevens, Esq' Charles Phelps Esq' Mr. Benjamin Henry, James Clay, Esq' Major Elkanah Day, Mr. Thomas Cutler and Mr. Barzillai Rice be and hereby are nominated and appointed a Committee to meet such persons as shall be authorized for the purpose by a Convention, or Committee of Glouces ter County on the West and Grafton County on the East side of Connecticut River to devise and carry into Execu tion such Measures as they shall deem best calculated to unite in one Political Body all the Inhabitants from Mason's Grant on the East to the Heighth of land on the West side 288 NEW HAMPSHIRE GRANTS. of said River. And that a majority of the persons above named or such of them as shall meet at Charlestown on Wednesday the Eighth of November next be empowered to act in the premises. By order, Nathaniel Cushing. Note by Hon. J. H. Phelps. The foregoing paper, except the sig nature, is in the handwriting of Micah Townsend. Journal of the Convention of Delegates from forty-three Towns of the New Hampshire Grants, Jan. i6, 1781. [Copied from Saunderson's History of Chariestown, pp. 145-152.] At a Convention of Members from forty three Towns on the New Hampshire Grants, begun and held at Charles town, Jan. 16, 1 78 1. The Honorable Samuel Chase, Esq.* was chosen chair man, and Bezaleel Woodward Esq. clerk. Resolved, That General Bellows, Daniel Jones Esq. Col onel Hunt, Mr. Woodard, Colonel Bedel, Colonel Paine, Colonel Olcott Captain Curtiss, Mr. White, Colonel Wells, Mr, Knowlton and Mr. Townsend, be a Committee to pre pare matters necessary to be transacted by this Conven tion ; and that they report the same with all convenient speed. January I8*^ 10 o'clock, a. m. The Committee above named, made report, which being read, is in the words following, viz : Whereas, the Govern or of New Hampshire, before and after the close of the last war, did exercise jurisdiction over, and grant the greatest part of the lands within the territory commonly called the New Hampshire Grants, on both sides of Connecticut Riv er, to sundry companies of persons, principally inhabitants of New England, who offered to undertake, and carry into effect, settlements thereon, subject to the jurisdiction of the Crown of Great Britain, in connection with the Colony of New Hampshire : * Samuel Chase, Esq., was of Cornish. — Ed. PROPOSALS FOR A NEW STATE. 389 And, Whereas, the said undertakers did undergo infinite hardships, trials and fatigues, in forming settlements in the several townships, on both sides of the river, agreeable to their engagement ; induced by the happiness in prospect for themselves and posterity, resulting in great measure from an happy union of their settlements on the two sides of the river, under the same jurisdiction ; the benefits of which had long been experienced in adjacent governments, and which were plighted to them by the circumstances and conditions under which they received and held their grants : And, Whereas, th-e king of Great Britain did, in the year 1 764, pass an arbitrary decree, that the said territory should be divided at Connecticut River; subjecting one part to the jurisdiction of his Governor of New York, and continu ing the other part under the jurisdiction of his Governor of New Hampshire, whereby the said territory was divided without the consent or knowledge of the owners and propri etors, in violation of the royal engagements, and contrary to the true interests of the Inhabitants ; against which meas ure those most immediately affected, so soon as the matter came to their knowledge, did, in the most humble, earnest and affecting manner remonstrate and petition ; sent agents to Great Britain to state before the King their grievances, and humbly interceded for redress ; and at the same time took every prudent measure to obtain the interest of ad jacent Colonies in their favor, especially that of New Hampshire, from connection with which they had been separated : And Whereas, the said connection rendered the Govern ment of New Hampshire more extensive than the object of their first incorporation, viz. — the Mason Patent ; — which extension has ever been a source of uneasiness and discon tent to several persons of influence and importance in that Government, and the Assembly of New Hampshire there fore refused to use their influence in favor of a reunion of the Grants, after the division of them by the decree of 1 764, when applied to for that purpose, in behalf of the owners, proprietors and inhabitants of the said territory : And, Whereas, the obligations of the inhabitants of the said territory, as well as of all others in the United States, to allegiance and subordination to the Crown of Great 390 NEW HAMPSHIRE GRANTS. Britain have ceased, on account of the series of unconstitu tional and oppressive measures of that authority, towards the American plantations; and independence has therefore been declared .by the inhabitants of the said grants, with the United States, whereby all these connections have ceased, which resulted from and were dependent on a subordination to Great Britain : And, as the said territory was never an nexed by Charter to any one or more of the American Colo nies, nor otherwise connected than by an order from the King to his Governors, to exercise authority there in behalf of the Crown, and, by a grant of the feoffees to claim a right to be continued in union with one another in matters of f Government : The Jurisdiction was, of consequence, by the declaration of Independence, transferred to the inhabitants; which they had good right to undertake and exercise, when ever they should see fit : — Yet, the said inhabitants influ enced by attachments to the different governments with which they had been connected (resulting from a habituated submission to despotic power) and not immediately attend ing to the singular circumstances under which independ ence from the power of Great Britain left them, did many of them passively submit to, and act with those govern ments to which the king of Great Britain had last annexed them ; while on the other hand, a considerable part of the inhabitants of the said territory, influenced by uneasiness with the measures of those governments, and being early led to enquire into our peculiar situation (to which others were inattentive) did observe and publish to the world, their views in respect to our independence, and in conformity thereto broke off connection with the States of New York and New Hampshire ; and of those on the west side of the river, who had v/ithdrawn connection with the State of New York, only viewing the operation of independence from Great Britain, in respect of themselves, and not attending that the whole of the Grants were thereby placed in similar situation, did associate together, and set up a new and inde pendent government. And Whereas, as the States of New York and New Hamp shire, influenced bythe refusal of a respectable number of inhabitants of those parts of the grants, which they sever ally claimed, to submit to their respective jurisdictions, complained to the Congress of the United States of measures taken by the said inhabitants in respect to their independ- PROPOSALS FOR A NEW STATE. 39 1 ence; and also made known to Congress, that they had claims to the said territory ; — And as Congress, on the 24th of September, 1779, did resolve and publish, that they would take upon themselves a final settlement of the disputes re specting the said Grants, provided the states concerned should agree thereto ; (and, among other things, recom mended that no State should exercise jurisdiction over any of the inhabitants of the said district, except such as should profess allegiance to, and confess the jurisdiction of the same) which was complied with by the States ; And as sundry periods have elapsed, which Congress had appointed for a decision of the said matter in controversy, without any thing material being transacted on the subject, and as, notwithstanding the claim of New Hampshire to the whole of the Grants, the evident object of both States, by their agent at Congress, has of late been to establish a division at the river, contrary to the true interest of the inhabitants ; as they would thereby be deprived of those advantages, in respect to commerce, and transactions of a public nature, which would naturally result from that union of the two sides of the river, which they had warrant to expect, and have right to demand, from the nature, tenor and circum stances of the grants which they hold : And Whereas, a considerable part of the inhabitants on the said territory, having disavowed' connection with any State already formed, have subsisted for some time without any regular form of government, and have been destitute of civil regulations, for want of which they are reduced to la mentable circumstances ; and as they are thereby prevented in a great degree from performing that part in the present contest with Great Britain, which might otherwise reasona bly be expected, and which might be of essential service in the grand dispute ; And as the contiguity of the said grants to the Province of Canada, renders the inhabitants a fron tier to the New England States ; and as the Parliament of Great Britain have done what in them lies, towards an nexing the greater part of the said territory to the Province of Canada, by the act commonly called the Quebec Bill, for the purpose of obtaining an establishment whereof, it is to be expected they will further employ their force, in attempt ing the reduction of the inhabitants, or destruction of them and their property : And as the British forces in conjunction 392 NEW HAMPSHIRE GRANTS. with their savage allies, have of late begun a new scene of devastation among us, by burning some of our towns, and carrying the peaceable inhabitants into captivity ; and it is to be expected that great part of the said territory will be treated in the same manner, unless vigorous measures are taken to prevent them ; and as there is no military force employed by the Continent, or any of the States for our de fence ; — which renders an union without delay absolutely necessary, or great numbers will immediately abandon their habitations, which will give such advantage to the cause of Britain, and so open and extend this frontier, that a much greater force will then be necessary for its defence : And as nothing considerable can be done by the inhabitants of the said territory, tending to their own defence, until they are firmly united for that purpose, and in measures of gov ernment : This Convention, therefore, taking the aforesaid matters into their most serious consideration, and being duly author ized by their constituents, the inhabitants of the said terri tory, do hereby publish and declare that notwithstanding all the unjust measures which have been, or may be, taken to divide us, the right of union still remains to the inhabitants of said territory, which we are determined to maintain and support ; and bind ourselves by the ties of virtue and honor, as we are already bound by the ties of interest, to unite in all such lawful measures as the majority of the representa tive body of the inhabitants of said territory, duly convened, or such as they may appoint under them, shall agree upon, to maintain and support a union of the inhabitants on the whole of said grants ; holding ourselves in duty bound to abide the decisions of Congress on the subject, when the mat ter shall be properly stated before them, and their resolutions thereon be obtained. K's. the primary object of this Convention is, that an union of the whole of the grants be formed and Consohdated upon principles that the majority think proper; and as a considerable part of the said Grants are represented in the State of Vermont ; — Resolved— 'Y\v^'i a Committee be chosen to confer with the said Assembly, at their next Session, on the subject of said union, and invite them to join in measures which may be most conducive to obtain the object proposed. ./ PROPOSALS FOR A NEW STATE. 393 Resolved — That the proceedings of this Convention be laid before the several Towns on the Grants, for their ap probation ; recommending that those towns which concur in the measures, and have no representatives or delegates in this Convention, appoint members for that purpose ; and that each and every town impower their members to join with the representatives of other towns on the Grants, who shall agree to unite together, in all such measures as shall be necessary for our internal regulations and defense. Which declarations and resolutions having been repeat edly read and maturely considered, the question was put whether this Convention do agree with their Committee in their said report : which was carried in the affirma tive. Whereupon Resolved — That Dr. William Page, Daniel Jones, Esq. and Mr. Elijah Frink, of the County of Chesh ire ; Luke Knowlton, Micah Townsend and John Bridgman, Esq'^^ of the County of Cumberland ; Colonel Peter Olcott, Noah White, Esq' and Captain John Strong, of the County of Gloucester; and Colonel Paine, Bezaleel Woodard, Esq' and Mr. Davenport Phelps, of the County of Grafton, be a Committee to confer with the Assembly of Vermont, agreea ble to the foregoing resolutions. Resolved — That the proceedings of this Convention be printed, and one copy thereof transmitted to each town on the Grants; and that Major Day, Mr. Townsend, and Mr. Lovell be a Committee for that purpose. Resolved — That this Convention do adjourn to meet at the meeting House in Cornish on the first Wednesday in February next, at one of the clock in the afternoon. Protest of a minority of the Delegates, In Convention, at Charlestoivn, January i8, 1781. We the subscribers, delegates from the several towns to which our names are affixed, wishing for and endeavouring to form a Union of the New Hampshire Grants on both sides of Connecticut River, and contented that they be an nexed to New Hampshire, or be a separate State, as Con gress may judge proper; but thinking ourselves not author ized by our Constituents to unite with the said Grants, in 394 NEW HAMPSHIRE GRANTS. the method resolved by the said Convention ; and being of opinion that their proceedings have a tendency to weaken the reins of government— to retard the exertions of those who are engaged to oppose the public enemy— to introduce irregularity and disorder in the County of Cheshire, and not conducive to the end proposed ;— think it our duty to pro test against the proceedings of said Convention. „,. , ( Samuel Ashley Winchester j r^uben Alexander Walpole, Benjamin Bellows Charlestown, Samuel Hunt Richmond, Oliver Capron I Timothy Ellis Keene | Daniel Newcomb Alstead, Nathaniel S. Prentice ( Oliver Ashley Claremont j Matthias Stone Newport Benjamin Giles. Extract from Minutes.* Bezaleel Woodward, Clerk. Secret history of the Charlestown Convention, &c., by Ira Allen. [Copied from Rec, Gov. & Coun. Ver., Vol. II, pp. 284, 285.] The Governor and Council appointed Colonel Ira Allen to repair to Charlestown to meet that Convention, and to take such measures as his prudence should dictate, and which might be conducive to the interest of the State. Mr. Allen took credentials from Sunderland, as a member, to meet the Convention, from that town, agreeable to invita tion : before he arrived, the Convention had been in session two days, and had appointed a Committee to state the busi ness of their meeting. Forty-three towns were represented in the Convention ; twelve of those representatives were members of the Council and Assembly of New Hampshire. * The editor has not been able to find the entire journal of the Charlestown Convention, nor the entire list of delegates to that Con vention, — Ed, PROPOSALS FOR A NEW STATE. 395 Mr. Allen did not take a seat as a member of the Conven tion, nor produce his credentials. At length the Commit tee reported to unite all the New Hampshire Grants to New Hampshire, which was adopted by a great majority, and went in fact to annihilate the State of Vermont. Mr, Allen informed some confidential persons, that the Governor, Council, and some other leading characters, on the west side of the Green Mountains, were for extending their claim of jurisdiction to the Mason line ; and that if the Conven tion would take proper measures, the Legislature of Ver mont would extend their claim at their adjourned term in February 1781 ; and that he was authorised to give suqh assurance, A motion was made and carried, to consider the report, and re-commit it to the committee, to be corrected and fit ted for the Press, as it would be a matter of pubhc notori ety, and to lay it again before the Convention next morning. The friends of New Hampshire, were much pleased with their success, and well enjoyed the night: but the scene changed the next morning, and the committee reversed their report, and reported to unite all the territory of New Hamp shire, west of Mason's east line, extending to Connecticut river, with the State of Vermont; and which report was accepted by a great majority of the Convention, it, being principally opposed by twelve members of the Council and Assembly of New Hampshire, who, thereupon, withdrew to remonstrate against the proceeding. This bare-faced conduct of the members of the Legisla ture disclosed their intention at once, and furnished Ver mont with fair pretensions to extend her jurisdiction on grounds of similar policy and self-preservation. The Convention then appointed a Committee to confer with the Legislature of Vermont at their next term, and adjourned to meet at Cornish (only three miles from Wind sor, the place of session of the Legislature of Vermont, agreeable to adjournment) on the same day with them. On February 10*'', the Committee informed the Assembly, then sitting at Windsor, that " the Convention of the New Hampshire towns, was desirous of being united with Vermont, in one separate independent Government, upon such prin ciples as should be mutually thought the most equitable and 396 NEW HAMPSHIRE GRANTS. beneficial to the whole," In consequence of this application, the Legislature resolved, on February 14*'^, that "in order to quiet the present disturbances on the two sides of the river (Connecticut) and the better to enable the inhabitants on the two sides of said river to defend their frontier, the Legislature of this State do lay ¦&. jurisdictional claim, to all the lands whatever east of Connecticut river, north of Mas sachusetts, west of the Mason line, and south of latitude 45° ; and that they do not exercise jurisdiction for the time being," The Convention of New Hampshire towns was then sit ting at Cornish, on the opposite side of the river ; and on February 22"', the articles of union were agreed upon and confirmed; nevertheless, the right of dissolving the union of the district was retained by the State of Vermont, Note by the Editor. Agreeably to adjournment, the Charlestown Convention, of Jan. i6th -i8th, met at Cornish, N. H,, Feb, 8, 1781, and immediately gave no tice to the general assembly of Vermont, then in session at Windsor, requesting to be heard on the business of their appointment, and send ing to the assembly the resolutions adopted by the convention at Charlestown. The assembly of Vermont, in Committee of the Whole, gave a hearing, adopted a report presented by a committee of their ap pointment, and then proceeded to form a union, on terms mutually acceded to by the assembly on the one part, and by the delegates to the convention at Cornish on the other. The report in full, and details of this procedure, are found in Slade's Ver, State Pap,, pp, 128-138, and in Records of Gov. and Coun. Ver., Vol. II, pp. 287-297, to which readers are referred. No complete minutes or report of the convention in Cornish have been found by the editor ; but the following items and facts, so far as related to New Hampshire, are gathered from authentic sources : I. Letter from Elisha Payne, Esq., to the General Assembly of Vermont. To the Hon'''^ the Gen' Assembly of the State of Ver mont now sitting at Windsor : The Committee appointed by the Convention holden at Chariestown the 16*'' of Jany last to confer with the Assem- PROPOSALS FOR A NEW STATE. 397 bly of said State, beg leave to inform, That the Convention are desirous of being united with the State before men tioned in one separate independent government, upon such principles as shall be mutually thought the most equitable and beneficial for the whole,— -desiring an answer as soon as may be. Elisha Payne. Windsor, Feby I0*^ 1781. II. Result of negotiations, or terms of Union. The terms of Union as mutually agreed upon were in sub stance,* as follows : "That the Constitution of the State of Vermont, should remain unchanged, until it should be al tered in the mode therein pointed out ; that, as soon as cir cumstances would permit, the Legislature of the State, should apply to Congress, to be admitted into the Confed eration ; and that after such admission. Congress might de termine questions of disputed boundaries ; that the expenses and losses of the several towns on both sides of Connecticut river, occasioned by the war, should thereafter be equitably adjusted ; that a general act of amnesty and oblivion should be passed by the Legislature, for all offences and acts of trespass committed against the authority of the State, by persons under a claim of being subjects of New York; and all suits, prosecutions and judgments against them, should be discharged and annulled. Other provisions, of less im portance, were made, and it was agreed that the question of forming the union on such terms should be submitted to the several towns in the State of Vermont, and to the towns to about twenty miles east of Connecticut river ; and that, if two-thirds of the towns, on each side of the river approved of the union, it should be considered as ratified and com pleted."! On the 22'' of February 1781, the articles of union were mutually confirmed, by the Legislature of Vermont, and by * Compare as above, Slade's State Pap. and Rec. of Gov. & Coun. Ver.— Ed. f See Hist, of Charlestown, p. 153. — Ed. 398 NEW HAMPSHIRE GRANTS. the Convention, at Cornish : On the part of the latter the ratification was signed by Samuel Chase, Chairman. The two bodies then adjourned to meet again in their respective places on the first Wednesday in April, 1781. III. Result of submitting the abovesaid terms of Union to the towns specified.* At the adjourned meeting of the Convention, at Cornish, April 5*'', 1 78 1, the following communication was made to the General Assembly of Vermont, in session, at Windsor ; viz. "In Convention at Cornish, April 5*'','i78i, Voted, That a Committee of three be appointed to wait on the Assembly of Vermont, now sitting at Windsor, to inform them of the State of the returns from the towns on the east side of Connecticut river, and that the way is clear on our part for the proposed union, agreeable to the articles of the treaty, and to Request information whether the As sembly are ready to receive the members returned to sit in the Assembly, on the union's taking place. The Committee chosen — Col° Payne Mr. Woodward, and Doct Page. Extract from the Minutes — Beza. Woodward, Clerk." List of Towns East of Connecticut River, which have made returns according to an Union with Vermont. Gilsom, Lemster, Cornish,Marlow, Hanover, Hinsdale,Charlestown, Claremont,Plainfield, Grafton,Lyme,Gunthwait,Chesterfield, Surry, Acworth, Newport Grantham, Dresden, Dorchester, Lancaster, Haverhill, Piermont, Westmoreland, Bath, Morristown (alias Franconia), Alstead, Saville, Croydon, Lebanon, Cardigan,Landaff,Richmond,Lyman, Lincoln. *Rec, of Gov. & Coun. Ver., Vol. II, pp. 294-296.— Ed. PROPOSALS FOR A NEW STATE. 399 The Convention have received no returns of any town dissenting. Elisha Payne j Beza. Woodward > Committee." William Page. ) The Several Representatives [of the Assembly] were de sired to give in the votes of the towns that they represent concerning the union ; and the following towns were found to have voted to accept the same agreeable to the articles, viz. Shaftsbury, Arlington, Sandgate, Sunderland,Dorset Newport, Pawlet, Poultney,Castleton, Danby, Tinmouth, Rutland,Pittsford,Bethel, Pomfret,Peacham, Fairlee, Guilford, Moortown, Whitingham, Marlborough, New Fane, Wilmington, Putney, Westminster, Athens, Chester, Reading, Thetford, Strafford, Barnard, Royalton, Sharon, Norwich, Hinsdale, Windsor. The following towns disapproved of the said unions tak ing place, viz. Bennington,Manchester, Clarendon, Londonderry, Hertford. Dummerston, Woodstock, The following towns have not sent in their opinion, viz. Wells, Wallingford, Townshend, Weathersfield, Cavendish and Hartford. The Assembly appointed a Committee of three to wait on the Convention, and inform them that the Union is agreed on by a major part of the towns in this State agreeable to the articles of Union as proposed ; and that the Assembly will wait to receive the members returned to sit in the As sembly, on the Union's taking place, to-morrow morning at 9 o'clock. The Committee chosen, were Col. Ebenezer Walbridge, of Bennington, Stephen R. Bradley of Westmin ster and Matthew Lyon, of Arlington. The following are the several members chosen to represent 400 NEW HAMPSHIRE GRANTS. the towns east of Connecticut river, who were introduced by the aforesaid Committee, and produced their Credentials and took the necessary oaths to qualify them to a seat in the House ; viz. [The list which follows is copied from Hist, of Charlestown,"* p. 154.— Ed.] Acworth, Alstead, Cardigan,Charlestown,Chesterfield,Claremont, Cornish,Croydon, Dresden, Enfield, Gilsum,Grafton Gunthwaite HanoverHaverhill, Hinsdale Landaff,Lebanon,Lempster,Lyman,Lyme Marlow,Morristown and Bath New Grantham, Newport,New Stamford, Orford, Piermont, Plainfield Richmond Saville, John Duncan Nathaniel S. Prentice, Esq. Sawyer Bullock Doct. Wm, Page Capt, Samuel Wetherbe Capt, Samuel King Dea, Silas Thomson Dea, Matthias Stone Capt, Oliver Ashley William Ripley, Esq. Moses Whipple Bezaleel Woodward, Esq. Bela Turner Ebenezer Dewey* Russell Mason John Young Jonathan Freeman, Esq. Col. Jno. House Timothy Bedel, Esq. Maj. Joshua Howard Daniel Jones, Esq. Absalom Peters. Col. Elisha Payne Lieut. Elihu Hyde Elijah Frink Nathan Hodges Jonathan Child Walter Fairfield Samuel Canfield Col. Timothy Bedel. Capt, Abel Stevens Benjamin Giles, Esq, Israel Mead* Davenport Phelps Eben Fairfield Thomas Russell, Esq, Lieut, John Stevens Capt, Josiah Russell Silas Gaskill Daniel Cass Moses True, * Those marked with an asterisk took their seats on a subsequent day of the session. DISPUTED JURISDICTION. 4OI Surry, Wolston Brockway Walpole, Lieut. John Graves* Westmoreland, Jonathan Cole.* SECTION XI. Disputed Jurisdiction. Letter from President Weare to the Delegates of New Hamp shire in Congress, relating to existing difficulties. [Copied from Vol. II, Rec. Gov. & Coun. Ver., App. H., p. 309.] Exeter, June 20"^, 1781. Gentlemen — Enclosed you have copies of three peti tions from different towns in the County of Cheshire, by which you will see the embarrassed situation we are in, oc casioned by the dispute relative to the New Hampshire Grants not being settled. New Hampshire flattered herself that dispute would have been long since adjusted by Congress, and have been at great expense in sending agents to Philadelphia for that purpose. The amazing unexpected delay therein has been attended with the greatest mischief to the United States in general, and to the State of New Hampshire in particular. It has given an opportunity to many disaffected persons, who are the principal leaders in the disturbances, to do much injury, and who, it is said, and not without foundation, have en tered into negotiation with the enemy. In short. New Hampshire is brought into such a dilemma, and the Gov ernment thrown into such confusion by this delay in Con gress, that it is impossible for her to comply with the requi sitions of Congress, to any great degree, while this dispute remains unsettled ; and it is in vain for them to expect it of * Those marked with an asterisk took their seats on a subsequent day of the session. 26 402 NEW HAMPSHIRE GRANTS. her, as no supplies of men, money or provision can be col lected at present from more than frds even of that part of the State which Ues east of Connecticut River, and unless Congress brings matters to an immediate issue, we cannot tell how far the contagion may run, but very much fear that the State will be very soon ruined in a great measure, and not able to contribute farther towards the war. Therefore you are directed to lay this dispatch before Congress as soon as may be, and earnestly request that they would imme diately take the matter under consideration, and make a final decision thereon without any further delay, as it is of much greater consequence than can be described. I am, Gentiemen, your most humble servant. Signed, M. Weare. Hon. Sam' Livermore and John Sullivan, Esquires. A true copy of the original, filed in the Secretary's office, Aug. 21, 1781. Geo. Bond, Dep. Secy of Congress.* Letters from Gen. John Sullivan to Meshech Weare, on the foregoing matters. [p. 207.] Philadelphia, July IO*^ 1781. Sir — Mr. Livermore and myself were honored with your Letter of the 20*'' June, with the Enclosures rec'd by yesterday's Post, which were immediately laid before Congress and re fered to a Committee, with Directions to report as soon as possible : When the report is brought in & considered, we shall give you official Information. I expect the Result will be a prohibition to the pretended State of Vermont ex ercising any Jurisdiction East of the River, and an appoint ment of a Day for proceeding upon the Examination of the Dispute. This will end in the appointment of a Committee to Determine thereon. The Reason why this has not been sooner done is because there has not been a competent *The foregoing letter, on the 9th of July, 1781, was referred to a committee of congress, consisting of Roger Sherman of Connecticut, Thomas McKean of Delaware, Daniel Carroll of Maryland, and James M. Varnum of Rhode Island. — Ed. DISPUTED jurisdiction. 4O3 Congress since last fall, untill within a few weeks past : I am every day more and more convinced of the Danger and impolicy of suffering the Question of the Independence of Vermont to come upon the Tapis ; for if it should be de- [p. 208.] nied, New York alone will receive the advantage, for the Reasons mentioned in my former Letter. But I ap prehend that this would not be the case. I rather incline to think that the present members would make desperate strugles in favor of its Independence. I scarcely dare trust my thoughts on paper ; but be assured, Sir, that the Policy of Vermont has induced them to make enormous Grants to men of Influence in several States, & even to members of Congress. Mr. Livermore & myself no doubt will concur in the proper plan, to avoid the danger arising from this & other Quarters. The only plausible argument in favor of determining the Question of Independency, is, that this is not simply a dispute between New York & New Hampshire ; but between them and a people claiming to be Independent of both. The answer to this is simple & plain, viz. That New Hampshire & New York both by ancient and modern determinations join upon each other: Of course, no Independent State can possibly exist between them, & their claim of Independence can no more oper ate to alter the mode of Tryal pointed out in the Confedera tion, than if Massachusetts & New Hampshire both laid claim to the County of Essex, & the Inhabitants were to [p. 209.] Declare themselves Independent of both : Here the first step should be to settle the Dispute between the States ; & if it was determined to appertain to Mass* no other Question would be necessary. Besides, if we admit for a moment, the possibility of its being Independent, we declare it out of the union, & oust ourselves of any Jurisdiction, as we have nothing to do with more than thirteen States ; a fourteenth would have a right to Deny the Jurisdiction pf Congress, which it seems "Vermont has already done. The safest ground therefore for New Hampshire, is to insist that there is no intermediate spot between New York & New Hampshire; & that as Congress have Included Yervaor).t within the limits of the Thirteen United States, it must belong to some one of them ; and, Therefore Congress ought to Determine to which, — agreeable to the rules Laid Down in the Confederation. I confess myself astonished at the proceedings of Ver mont, & more so at the conduct of the Inhabitants in our 404 NEW HAMPSHIRE GRANTS. Counties. I am unwilling to believe them Influenced bythe British ; but a variety of Circumstances have almost con- [p. 2IO.] firmed me in this opinion. I suppose what ever can be done here will be done in a week or fortnight at furthest The Commissioners will no doubt meet at Spring field or Hartford, where the titles will be Discussed & the Right Determined. Of course my attendance here will be no longer necessary on that account. I wish therefore that Mr. Gilman may be directed to set out to relieve me immedi ately, as my Domestic concerns will oblige me to set out perhaps before his arrival. Should the state call on me to argue the cause before the Commissioners I shall attend with pleasure. I have the honor to be, with the most perfect esteem. Dear Sir, your most obe* serv* Jno. Sullivan. Hon'^'^ Meshach Weare, Esq'. Philadelphia, 17"* July, 1781. Sir — The affair of Vermont is not yet decided. I expect by next post we shall be able to forward you the Result of Congress. I take the Liberty of enclosing you the paper of this day & have the honor to be, with much esteem, D' Sir, your most obed* Serv* Hon'''^ Meshach Weare, Esq'. Jno. Sullivan. Letter from Col. Timothy Ellis to the Committee of Safety, New Hampshire. [p. 213,] Keene, Aug' 7, 1781. Gentlemen — I am informed that you have rec'd some late Intelligence from Gen' Sullivan respecting the New Hampshire Grants — if it is any thing favourable to the friends of N. Hamp shire, I wish it may be pubhshed & sent to us by the next Post : for we are in a very distressing and dangerous situa tion, and need every possible Encouragement & assistance to enable us to support the Rights of N. Hampshire against the rapacious claims of Vermont. They have, by a Resolve of their General Court appointed and authorized a Commit- DISPUTED JURISDICTION. 4OS tee to take the Records of the Court of Common pleas in this County, and have order'd the Clerk to deliver them up for the use of (what they call) the County of Washington. They have laid a Tax of 10/ silver money upon every hun- [p. 215,] dred acres of our Land, and are making hasty Prep arations to collect it. They have Commissioned Judges for their County Court, which is to be held in Keene the 14*'^ day of August inst, and I suppose will proceed to do Busi ness under Vermont, unless prevented by New Hampshire. In this critical Juncture, I have to ask your advice & Direction, and hope you will bear us in mind, and not for sake us in our Distress. I am Geatlemen, with much Respect, Your humble servant Timothy Ellis.* Resolves of Congress respecting a decision of the disputes relating to the New Hampshire Grants. By the United States in Congress Assembled, [p. 2 1 7. J August 7*", 1781 : Whereas the States of New Hampshire and New York have submitted to Congress the decision of the disputes be tween them and the people inhabiting the New Hampshire Grants on the west side of Connecticut river, called the State of Vermont, concerning their respective claims of jurisdiction over the said territory, and have been heard thereon ; and whereas the people aforesaid claim and exer cise the powers of a Sovereign independent State, and have requested to be admitted into the federal union of the United States of America ; in order thereto and that they may have an opportunity to be heard in vindication of their said claim ; Resolved, That a Com'®^ of five be appointed to confer with such person or persons as may be appointed by the people residing on the New Hampshire Grants on the West side of Connecticut River, or by their representative body, * Timothy Ellis was a prominent citizen of Keene. He was a member of the Provincial Congress at Exeter, 1775 ; appointed major in Col. Samuel Ashley's regiment, Aug. 24, 1775 ; representative in 1776-8. —Ed. 406 NEW HAMPSHIRE GRANTS. [p. 2 1 8.] respecting their claim to be an independent State, and on what terms it may be proper to admit them into the federal Union of these States, in case the United States in Congress assembled shall determine to recognize their In dependence : and thereof make report. And it is hereby recommended to the people of the terri tory aforesaid or their representative body, to appoint an agent or agents to repair immediately to Philadelphia with full powers and instructions to confer with the said Com mittee on the matters aforesaid, and on behalf of the said people to agree upon and ratify terms & articles of Union and Confederation with the United States of America, in case they shall be admitted into the Union : And the said Committee are hereby instructed to give notice to the agents of the State of New Hampshire and New York to be present at the conference aforesaid. Resolved, That in case Congress shall recognize the In dependence of the said people of Vermont, they will con sider all the lands belonging to New Hampshire and New [p. 219.] York respectively, without the limits of Vermont aforesaid, as coming within the mutual guarantee of terri tory contained in the articles of Confederation, and that the United States will accordingly guaranty such lands and the jurisdiction over the same against any claims or in croachments from the inhabitants of Vermont aforesaid. August 8'^ 1 78 1. Congress proceeded to the election of a Com*<=« of five to confer with such person or persons as may be appointed by the people residing on the New Hampshire Grants for the purposes mentioned in the foregoing resolutions. The members chosen,'* Mr. Boudinot, Mr. Van Dyke, Mr. Car roll, Mr. Montgomery, Mr. Randolph. Extract from the Minutes. Geo. Bond, Depy Sec? * Elias Boudinot, of New Jersey, was a member of Congress, 1781- 1784, and at one time president of that body. Nicholas Van Dyke, of Delaware, a member 1777-1782 Daniel Carroll, of Maryland, a member ' 1 780-1 784 John Montgomery, of Pennsylvania, a member 1780-1784 Edmund Randolph, of Virginia, a member 1779-1782 —Ed. DISPUTED JURISDICTION. 407 Letter from Samuel Livermore* delegate in Congress from New Hampshire, to Meshech Weare. [p. 221.] Philadelphia, Aug^' 21^', 1781. Dear Sir — A Com*^® of Vermont has been here by an appointm* in June, to unite their State with the United States, and to sit in Congress. They knew nothing of the resolution of the y^ Aug^' untill their arrival in this City. After sundry ma- nouvres, Congress informed them by a Resolution yester day, (Aug^' 20*") That it would be an indispensable prelimi nary to their Independence and being admitted into the union, that they relinquished all pretensions east of the west banks of Connecticut river, &c. The committee will return home to consult their con stituents. The enclosed paper will give good news. I am. Sir, your most obed* Servant Samuel Livermore. Hon. Presid* Weare. Letter from several inhabitants of Haverhill (Coos) to the Committee of Safety, N. H. [p. 223,] To the Hon'''® the Committee of Safety of the State of N, Hamp*: Gentlemen — Doubtless the State of Vermont is the subject of much conversation with you as well as in the other parts of the Continent; — but we are uncertain whether you have ob tained some intelligence which we immagine of great im portance : We take this opportunity to state a few facts for your consideration. The State of Vermont (as it is called) has settled a car- teel with the Enemy in Canada, & the unjust Basis upon which it is founded, gives us reason to believe that no au thority but that of Vermont was privy to the same. * For a biographical sketch of Samuel Livermore, see ante, page 37- —Ed. 408 NEW HAMPSHIRE GRANTS. This new modled Cartee! according to the best informa tion we can get, allows the Brittish to receive a soldier for a citizen : this being the case, the inhabitants on our frontiers are bargained to the Enemy at a very cheap rate, & no doubt will be plundered, as it will be easier for the Enemy to obtain their prisoners by plundering the inhabitants, than by getting our soldiers by the fate of war. Since this Carteel was settled, a proclamation has been issued, whereby not only all prisoners in the Country that have a mind to return to the Brittish, are encouraged to make the best df their way to Bennington ; but that all those who have deserted into the country, should to the utmost of their power be apprehended & conveyed there in order to be exchanged. Many of the above are settled, and have taken up arms for the country, and are fast friends, but are carried off by force. Two prisoners captured at Ticonderoga made their es cape from the care of one Watson at Hartford, & on their way from Coos to Canada were taken up & sent back. But * * [Something appears to be missing from the letter, as it here closes. — Ed.] [p. 224,] P, S, There have this instant come in, since the writing of the within, six Deserters from Canada, who de clare that there was a report in Canada, that the inhabi tants taken from Vermont & confined in gaol there, were to be exchanged for prisoners taken at the point of the sword ; and that said Inhabitants nobly scorned so base a proposal, & said they had rather lay in Gaol a year longer than to be exchanged on such a footing ; as it would open so wide a Door for the plundering the Inhabitants of the frontiers. So noble a spirit ought to raise a blush on the assumed au thority of Vermont. N. B. It would be agreeable that our names might not be exposed, before necessity may require it. DISPUTED JURISDICTION. 409 Memorial of sundry inhabitants of Chesterfield to the Coun cil and House of Representatives, N. H., relating to the revolt of sundry towns. Chesterfield, Aug«' 25, 1781. [p. 225.] To the Honourable the Counsel & House of Repre sentatives of the State of New Hampshire in General Assembly Conveaned : The Memorial of Nathaniel Bingham, Michael Cresey, Will™ Lee & James Robinson ; — Gentlemen — It is with the utmost Regret that we make mention of the Deplorable Situation into which we are fall en by the madness & folly of many of our People in these parts, in thinking to Revolt from the State of New Hamp shire, in such an unjust & unrighteous a manner as has been attempted. Your honors are sensable that our Confution is great, & that it is very Dificult to know what to Do at a time of such Disorder. We know it has been commonly Reported that this Town has Refused all orders from the State of New-Hampshire, & that they are unanimous in the Revolt from you : Altho there is a considerable Number of faithful friends to you among us who have used their ut most Endeavours to Pacify the People, and to make them sensable of their folly in such Proceedings ; but being so unhappy as to have the most of our town & Military officers on that side of the Question, were not able to stop their Pro ceedings as a town. Neverless, we have the happiness to inform your Honours that on a motion made to know how many of the Inhabitants Disapprove of the measures taken, Eighty of the Inhabitants, namely — [p. 227,] Nath' Bingham, MicW Cressey, William Lee, James Robinson, Phineas Brown, Elisha Rockwood, Theodoras Bingham, Will™ Symonds, Tho» Harris, Tho* Chamberlin, Saml Nichols, Henry Cressey, John Darling, Eben'^ Safford, Nathan Thomas, Josiah Hastings, Noah Emmons, Jon" Farr, 2*, John Cobleigh, Oliver Brigham, Jon" Cressey, Jon" Cressey, Jun., Will" Coburn, Joseph Titus, Eleazer Stoddard, Peter Wheeler, Jon" Farwell, Beng" Farwell, Will" Read, Amos Blodget, Levi Farwell, Oliver Farwell, Will" Farwell, Elisha Walton, Saml 'Walker, Silas Richardson, Josiah Gates, Philip Lock, Eliphalet Wood, 410 NEW HAMPSHIRE GRANTS. Ezekiel Davis, John Pierce, Jona. Hutchins, Arthur Latham, Jacob Winslow, Moses Gary, Jewet Darling, Will" Dodge, Ephr" Russell, Benj" Coburn, Joseph Prentice, Abner Harris, jun., Israel Johnson, Andrew Hastings, Lemuel Stoddard, Moses Cressey, Zadock Barrett, Joseph Wheeler, Amos Streeter, Benj" Wheeler, Claron Smith, Isaac Barrett, Tho» Holmes, Moses Smith, Archibald Robertson, Will" Robertson, Joel Streeter, Joseph Hartwell, Abraham Stearns, Abner Albee, Increase Daniels, John Daniels, John Grandy, Will" Kimball, Benj" Parker, Adam Bartlet, Zadock Bartlet, John Grandy, jun., Parker Grandy, Eli Partridge, Eleazer Jackson. voluntarily signed the following declaration, declaring it to be their real Sentiments, viz. That Whereas it has bin Reported, that the People in Chesterfield are Unanimously agreed in the Union taking place Between the State of Vermont & the Grants on this side of the River, this is to acquaint the world, that we, whose Names are under written are of oppinion that the measures alReady taken are Illegal & unjust as they are conducted, & we are altogether against those measures, un less they are carried on with more general Satisfaction to the United States & to the State of Newhampshire in Particular, whose subjects we profess to be, till we are Le gally set of by the United States. Chesterfield, August 23*^, 1781. And whereas there are many Illegal & unjust measures carrying on against the friends of Newhampshire & Safty to the State as we judge, — we are therefore at a loss to know what to Do ; our Eyes are therefore unto you as our Patrons, Confiding Intirely in your wisdom to Direct us in our Duty. We therefore, beg your advice & Protection ; & Conclude by subscribing ourselves your Loyal & affec tionate subjects. Nath' Bingham Michael Cresey William Lee James Robertson. Chesterfield, August 25*'', 1781. disputed jurisdiction. 411 Proceedings of a meeting of Persons from ten Tozvns in Cheshire County, held at Keene, Sept 21, 1781. [p. 229.] At a meeting of sundry Persons from ten of the Towns in the County of Cheshire on the New Hampshire Grants East of Connecticut river, at Keen, y« 21^* of Sep tember, 1 78 1, viz. Keen, Swanzey, Richmond, Winches ter, Chesterfield, Westmoreland, Walpole, Surry, Gilsom and Alstead : Benjamin Bellows, Esq' in the Chair. Af ter mature and deliberate consideration of the Disturbances and confusion which have arisen on account of the right of Jurisdiction over said Grants; It was very unanimously agreed by the persons convened as aforesaid, that some person be appointed to wait on the Hon'''^ Committee of Safety at Exeter, as soon as Possible, and to lay before them the State of this County respecting the aforesaid dis pute, and in particular that those persons who adhere to the late unhappy union of the New Hampshire Grants, are either Ignorantly or Willfully blinded, in regard to the con struction they put upon the Resolves of the Hon''''' Con gress of the 7"' & 8*'' of August last which serves in some Towns to confirm some Persons, who are for the Union, in their former opinion, and some who were not fully Estab lished, have (by some means or other, since the said Resolve became Publick) consented to the union ; and some who are attached to New Hampshire, say the Congress have not determined whether we shall belong to Vermont or not ; that the difficulties in this Quarter are rather likely to be increased than diminished by what is already done to re- [p. 230,] move the same. It was also agreed that the Hon'''® Committee of Safety be requested (if they think proper) to send printed copies of the aforesaid Resolves to the several towns upon the Grants East of Connecticut River, at least to those in the County of Cheshire, with their explanation, advice, &c., and that they acquaint Congress with the afore said Premises, if they shall think it advisable. The above was unanimously Voted. Voted, That Capt. Burt* be impowered to wait upon the Committee of Safety with the above Proceedings. Benj* Bellows, Chairman. To the Hon'''* Committee of Safety at Exeter. ? Capt. Joseph Burt was of Westmoreland. He was representative 412 NEW HAMPSHIRE GRANTS. Letter from Samuel Livermore to Meshech Weare. [p. 233.] Philadelphia, Octo. 2^, 1781. Dear Sir — I am informed that a Com**® of our house and Council have proceeded to Connecticut river to treat with the people concerning their attachm* to Vermont, or something to that effect I did not hear the names of the Com*''^* However, I hope the measure will be attended with good consequen ces. That Qom^ will doubtiess be returned before this reaches you. I should be glad to be immediately informed of the result of their proceedings : As it may relate to the subject before Congress, and strongly influence their reso lutions. Tis probable the Com*** of Vermont vvill be here before the last of Octo. for a final decision of their affair. I am very anxious to get this matter settled and to return home. I shall presume the State will not be against my returning when this business is finished. I long to see the County of Grafton Active and our whole internal policy settled. I am. Sir, your most obedienthumble servant Samuel Livermore. Hon. President Weare. Memorial of John Clark, of Landaff, to the Committee of Safety, N. H. giving an account of the hardships, insults, and losses he had sustained from certain ringleaders of the "pretended State of Vermont',' &c. [p. 235.] To THE Hon'''" Committee of Safety forthe State of New Hampshire — The Memorial of John Clark, of the Township of Lan daff, in the County of Grafton and State aforesaid, — hum bly sheweth : — That the memorialist was one of the first settlers in said from that town to the General Assembly, New Hampshire, 1778, 1779' 1780.— Ed. * See ante, p. 406. — Ed. disputed jurisdiction. 413 Landaff, where he hath, in opposition to wheedlings, flat teries, promises, frowns, threats, insults, and every other conceivable machination, invariably, to the utmost of his ability, endeavored to support the common cause of these United States under the Government, and agreeable to the Laws of the State of New Hamipshire. That notwithstanding the many difficulties usually occur ring in the settlement of new plantations, and the peculiar embarrassments which have hitherto attended the settle ment of said Township, the memorialist hath, by his indus try, at great fatigue and expense acquired considerable property, a peaceable enjoyment of which would afford a comfortable prospect for the subsistence of a numerous family and dependents ; and enable him to aid others in the further settlement of that new country, and to contribute somewhat for the support of the public cause. That the variety of hardships, insults and losses, which the ringleaders of the pretended State of Vermont, by usurping and exercising jurisdiction over the inhabitants of a number of Towns in that part of the State of New Hampshire, which lies adjoining on the east of Connecti cutt River, have driven many of the good and peaceable cit izens of those Towns to sustain, on account of their inflex ible attachment to the Laws and government of the State of New Hampshire, and the strategems practised by those ringleaders and their emissaries, to alienate the affections of honest and well meaning subjects of said State of New Hampshire ; to induce them to renounce their allegiance, and to strengthen the bonds of faction ; being matters of such notoriety, your memorialist humbly conceives the hon'''* Committee would esteem a rehearsal of them alto gether needless. However, the memorialist cannot think himself censurable, when he begs leave just to observe, that the sentiments of the good people in many of those unhappy Towns, cannot be determined by the votes in their Town-meetings, as none are allowed to vote but such as solemnly renounce all dependence on, or political connec tion with, the State of New Hampshire, and take an oath to support the government and laws of said Vermont ; so that ten men having received the sop, will carry on the business of the meeting, when perhaps three times that number who have not the mark of the and from 414 NEW HAMPSHIRE GRANTS. principle cannot join the faction, are obliged to stand mute : — and in cases where a large minority, if allowed a suffrage, would appear in the negative, the proceedings are entered unanimous ; by means whereof most of the Town officers chosen at such meetings are from among those who are aliens from the commojiwealth of New Hampshire, and who endeavor by every possible means to prevent the knowledge and execution of the Laws of New Hampshire, among the people. [p. 236,] That the memorialist and others have patiently endured suffering, persecutions & new-coined insults and indignities, not to be described, firmly relying, that the au thority and government of the State of New Hampshire, would not suffer the State to be dismembered, her authori ty trampled on, the laws contemned, or her devoted citi zens to perish under the tyranny of faction, for want of her succour, and the due execution of her Laws : And what has added much to the confidence of the unhappy sufferers hath been the spirited and unequivocal resolves of the Gen eral Assembly of said State, especially that passed on the 20*" of June last, viz, " That this State will exert them- " selves to preserve their jurisdiction unimpaired, and to " give effectual speedy support, protection, and succour to "the faithful and distressed subjects thereof." That the memorialist flatters himself, both he and his fellow-sufferers, have some idea of the complicated and al most invincible embarrassments, which have hitherto at tended the due execution of the laws in the County of Grafton, for the protection of its inhabitants ; but as the oppression of those usurpers hath arrived to such a height, your Honors candor will forbid attributing it to a petulant disposition in the memorialist, or his want of confidence in the authority of the State, when he assures your Honors he can ho longer endure the torture of such accumulated distress. That on the morning of the 29'" of September last at Landaff aforesaid, your memorialist being in the peace of God and the good people of the State, about his lawful em ployment, travelling in the public road from his house to a remote part of his farm, when on a sudden, he saw a ban ditti of about a dozen men, armed with guns and other offensive weapons, gathered in a riotous manner, near a DISPUTED JURISDICTION. 4IS barn in the possession of one Samuel Titus ; when one of the ringleaders in the riot, stepped forth from among the rest, and seized the horse on which your memorialist was riding, and commanded the memorialist forthwith to join in the riot, to turn John Cressey, John Cressey jun, and fam ilies out of their houses, to perish in the wilderness ; but the memorialist obstinately refused to comply ; — and after some words had passed, it was proposed and voted by the rabble, that the memorialist should be confined : Where upon, Eleazer Wheelock, James Wheelock, Ebenezer Cleve land, Absalom Peters, Asa Bayley and others, immediately, with force and arms in a high-handed riotous manner, made a violent assault on the body of your memorialist, and made great efforts to bind him on his horse. By this time the mob was in a tumult — some accusing the memorialist of speaking against the rioters, and saying that he would op pose their lawless proceedings ; others that he was against the authority of Vermont ; and others that he was an enemy to the College Party : — while some were pulling the horse by the bridle, others whipping, some yelling, others firing guns : thus in triumph they carried off the unhappy victim of their malice ; And after carrying the memorialist about in manner aforesaid, with threats, insults and abuses from place to place, till near the setting of the sun, when the said Elea zer Wheelock, with some other of the rioters, seized violently on the Body of the memorialist, and by force drag'd him toward the house of one Noyce, who was among the gang, whereby the memorialist was most grievously injured both in body and mind. That the said rioters then, and at divers other times, before & since uttered and declared such threatening and menacing words and speeches, of, and concerning the memorialist, as that he is in great anxiety of mind about the present unsafe situation of his person, family and prop erty; and unless some speedy and effectual measures are [p. 237.] adopted for their relief, he, with many others have the gloomy prospect of being driven to the sad alter native of submitting to the mandates of a lawless banditti, on the one hand ; or on the other, forsaking their dear- earned habitations, to seek an asylum. Your memorialist begs leave further to suggest as his opinion, that most of the political' difficulties subsisting in 41 6 NEW HAMPSHIRE GRANTS. the counties of Cheshire and Grafton, originate from the machinations of certain subtil tories, joined by those who have y* conducting of the Indian School at Hanover, and their emissaries, to promote the views of British adminis tration, rather than any attachment they have to support the pretended State of Vermont. Wherefore your memorialist in behalf of himself and his fellow sufferers, humbly prays the interposition of the Hon'''* Committee, that you will take the premises under your wise consideration, and issue orders to such officers in said County of Grafton, as are willing to exercise the powers of their respective offices, which they now hold under the State of New Hampshire, to exert the same in protecting those who conduct themselves as good subjects of said State, in their persons and property, from the insults and abuses of Mobs, riots or lawless individuals, and from the execution of any Laws, or the exercise of any other au thority, than that which is under the government and peo ple of the State of New Hampshire ; — or relieve the memo rialist and others in such way and manner as your Honors in great wisdom, shall judge most conducive to the public tranquillity. And your memorialist, as in duty bound, shall ever pray. John Clark. Exeter, 12'" of October 1781. Petition of sundry inhabitants of Landaff for aid and protec tion, ^c. [p. 239.] Landaff, October 3, 1781. We, the inhabitants of the s'' Landaff, having a Laudebel atachment to the State of Newhampshier and Likwise to the thirteen united States of America ; and as We live 'wheir Vermont claims Jurisdiction have Received so many insults from that Quarter and are Now in very grate fear of Being insulted by them, and Especilly from the Emesser- ries of the Colledg Do humbly Petition to the Honourable Court of Newhampshire for ade and Protection Against the insults and abuses of the' Vermont and especily the Emes- DISPUTED JURISDICTION. 417 erres of the Coledg Which your Pititioners, in Duty bound shal ever Pray. John Clark, jun John Clark James Crissy Ebenezer Clark Jonathan Clark William Churchel Nathaniel Rix. Action taken on the memorial of John Clark. [Copied from Correspondence of Com. of Safety, p. 103. J N?w Hampshire } ^^ Committee of Safety Oct* 19*" 1781. Sir — By a memorial of Mr. John Clarks of the 12 In stant and his Verbal representation to us made we are informed that he has been proceeded against by sundry persons in a riotous & unconstitutional manner. — As the Courts have not been open of late in the County of Grafton, the necessary steps of the Law respecting this matter can not be taken at present. — Our General Court are to meet on the first Wednesday of November next, when (without doubt) they will give necessary directions for opening the Courts &c — In the mean time, if any riotous proceedures should be attempted, you are requested to give relief & as sistance to any of the Inhabitants of this State on whom such attempts may be made, and apprehend such Rioters & confine them in your County or in case that cannot be done in safety send them tb any other County in this State for safekeeping — Your giving a representation of this or any other matters of the like kind that may happen to the Gen eral Court at their next session, may perhaps be very bene ficial to the State. Col* Charles Johnston. Copy 27 41 8 NEW HAMPSHIRE GRANTS. Report of a Committee of Congress, to whom was referred cer tain papers relative to New Hampshire, Oct. 17, 1781. [p. 241,] The Committee to whom was referred the report of a Com*** on certain Letters & Papers relative to the people inhabiting the district of Country commonly known by the Name of the New Hampshire Grants, do report the following res olution, to be adopted by Congress : Congress having resolved on the 7"' day of August last, that in case they should recognize the Independence of the people of Vermont, they would consider all the Lands be longing to New Hampshire & New York respectively, lying without the limits of Vermont afs**, as coming within the mutual Guarantee of Territory contained in the Articles of Confederation ; and that the United States will accord ingly guarantee such Lands and the jurisdiction over the same, against any claims or Incroachments from the Inhab itants of Vermont aforesaid. And Congress having on the 20*** day of the same month required (as an indispensable preliminary to the recogni tion of the Independence of the people inhabiting the Ter ritory af*^, and their admission into the federal union) the explicit Relinquishment of all demands of Lands or Juris diction on the East side of the West Bank of Connecticut River, and on the west side of a line beginning at the North west corner of the State of Massachusetts, thence running twenty miles East of Hudson's River, so far as the said River runs North Easterly, in its general Course ; thence by the West bounds of the Townships granted by the late Government of New Hampshire, to the River running from South Bay to Lake Champlain; thence along the said River to Lake Champlain ; thence along the waters of Lake Champlain to the latitude of forty five degrees north, ex cepting a neck of Land between Missiskoy Bay and the waters of Lake Champlain. And the People inhabiting the Territory aforesaid, not having as yet made the relinquishment af** as above re quired, and attempting since the date of the above Resolu tions to extend & establish their Jurisdiction over part of the Lands guaranteed to the States of New York & N. Hamp shire as abovesaid ; and it being indispensably necessary DISPUTED JURISDICTION. 419 to bring all disputes respecting the Jurisdiction of the peo- [p. 242.] pie residing within the territory af^'' to a speedy issue : Resolved, That the district of Territory commonly known by the name of the New Hampshire Grants, by whatever name it may be called is, and shall be bounded Westward by a line beginning at the North West corner of the State of Massa^ thence running northward twenty miles East of Hudson's River so far as the s"* River runs North Easterly in its gen eral Course ; thence to the west boundary line of the town ships granted by the late Government of N. Hampshire ; thence Northward along the s** West boundary line to the River running from South Bay to Lake Champlain ; thence along the s"* River to Lake Champlain ; thence along the waters of Lake Champlain to Latitude forty-five Degrees north, including a Neck of Land between the Missiskoy Bay and the waters of Lake Champlain ; thence it shall be bounded North by latitude forty-five Degrees North and Eastward by the West Bank of Connecticut River from forty-five Degrees north to the Northern Boundary line of the State of Massa^ and southward by the s"* northern boundary of the State of Massa^ from the s"* west Bank of Connecticut River to the North west corner of Massachu' abovementioned. Resolved, That in case the inhabitants residing within the limits af^'* within one Kalendar month from the delivery of a Certified Copy of these Resolutions, by the Commis sioners herein after mentioned, to Thomas Chittenden, Esq. of the Town of Bennington within the limits af^"*, or from the time of the said Commis'^ leaving such certified Copy at the usual place of residence of the s'* Tho^ Chittenden, Esq', shall by some authenticated Act recognize the last above described boundaries to be the limits and extent of their claims both of Jurisdiction & Territory, and shall ac cede to the Articles of Confederation and perpetual union between the States of New Hampshire, Massachu^ R. Island & Providence plantations, Connecticut, New York, New Jersey, Pennsyl^ Delaware, Maryland, Virginia, N. [p. 243.] Carolina, S. Carolina & Georgia, as agreed to in Congress on the 15*'' day of November 1777, and shall thereupon appoint Delegates on their behalf with full pow ers. Instructions and positive orders, immediately to repair 420 NEW HAMPSHIRE GRANTS, to Congress, and to sign the s'' articles of Confederation, and afterwards to represent them in the U, S, in Congress af"* — their said delegates shall be admitted to sign the same and thereupon the Inhabitants of the above described District shall be acknowledged a free, sovereign and Inde pendent State, by whatsoever name they shall choose to be called, and shall be considered as a component part of the federal Union and entitled to the advantages thereof. Resolved, That in case the s** Inhabitants within the above described District, do not desist from attempting to exercise Jurisdiction over the lands guaranteed to New . Hampshire & New York as af'', and shall not within the time limited as af'' comply with the terms specified in the foregoing Resolutions, Congress will consider such neglect or refusal as a manifest indication of designs hostile to these U, S., and that all the pretentions and applications of the s"* inhabitants heretofore made for admission into the federal Union, were fallacious and delusive ; and that thereupon the forces of these States shall be employed against the said Inhabitants within the district afor'' ac cordingly. And Congress will consider all the lands with in said territory to the Eastward of a Line drawn along the summit of a ridge of mountains or heighth of Land ex tending from South to North thro'out the s"* Territory be tween Connecticut River on the East & Hudson River & Lake Champlain on the West, as guaranteed to New Hamp shire under the articles of Confederation ; And all the Lands within said Territory, to the westward of said Line, as guaranteed to New York, under the articles of Confeder- [p. 244.] ation, provided always. That Congress will consid er any other partition which shall hereafter by an agreement between the Legislatures of New Hampshire & N. York, be made between their respective States concerning the Ter ritory af 1780. To Doct'^ Pelet'* Warren of Berwick Sir — The Committee have Just received information from ColP Henry Dearborn now at the Army, that the 3'' New Hamp shire Regiment are destitute of a Surgeon, and that you had given incouragement that you would engage in the Business, in case you were appointed — This is to acquaint you, that the Com*^^ who are authorized to appoint officers, where there is a vacancy necessary to be immediately to be [p. 27.] filled up, have appointed you Surgeon of the third Regiment and as a Surgeon is wanted as speedily as may be, we desire your answer, whether you will engage in that service, which we hope you will be able to do, Sz: that you will proceed as soon as possible. Your answer is desired as speedily as may be. In behalf of the Committee. Ham shire^"^ ! ^" Committee of Safety July i8«^ 1780. To Capt Eliphalet Giddinge : — You are desired to send forward as soon as may be, in 520 COMMITTEE OF SAFETY. / convenient Droves (about fifty in a Drove) the beef Cattle, which you have procured for the supply of the Army to the Amount of about two hundred at present, they are to be sent under the care of some proper careful persons, who are to be directed to see that the cattle may be properly provided for, on the Road, and to proceed forward towards the Army by the way of Springfield untill they meet Mr. Noah Emery Jr. who is gone to Head Quarters, to receive Directions, to whom the Cattle are to be delivered, and they are then to proceed & deliver the Cattle to such person as Mr Emery shall direct, taking proper Receipts, for the same, unless that before they meet Mr Emery they should receive orders from the Commissary General for the Delivery of the Cattle ; In which case they are to be delivered to the Com missary Generals Order taking receipts. [p. 28.] State of New Hampshire. In Committee of Safety July 18"* 1780. To Capt Samuel Reynolds — You are to proceed to Haverhill on Connecticutt River with all convenient speed, where we expect that you will meet the men, raised to be under your Command for the defence of the frontiers. You are to apply to Major Benja min Whitcomb for supplies for the men and for further Directions. Exeter, July 26"* 1780. Sir. Your letter of the 20"* Ins' Directed to the Presi dent of this State, I have rec" and opened, and shall lay the same before the Committee of Safety to-morrow, when I think it very probable that they will appoint one or more persons to meet and consult with the Commissioners of the other New England States agreeable to your request I am Sir Your most ob' Hum. Serv' Honi^'^ James Bowdoin President of Massa"^ Bay. LETTERS, ETC. 521 [p. 29.] State of New ) In Committee of Safety July 20"* Hampshire ] 1 780. To Col. Stephen Evans — Sir — As we have received repeated Letters from his Ex cellency Gen' Washington, requesting in the most earnest manner the forwarding the full Quota of Troops to be raised by this State, both for filling up the Continental Army and also of the Militia, which request is urged in the most con vincing manner from the important and interesting situation of affairs at this time. We are obliged again to call on you to see that the Quota call'd from your Regiment both for filling the Continental Army; and also of the Militia for three months be immediately compleated, and march'd for ward without one moments delay. You are also to inform the Committee immediately what number of men in your Regiment are raised and marched or ready to march and also what officers are appointed to go with them, who should be directed to proceed forthwith. And if there is yet wanting, either of officers or men to compleat your full Quota they must be procured & sent forward without the least delay, the present critical situa tion will not admit of the least failure. It is necessary that the Committee should have the most exact Sz: particular information in this matter, and as speed- [p. 30.] ily as possible, as we are called on to give informa tion from time to time of our proceedings, that Gen' Wash ington may know what to depend on. We expect your immediate answer. In Committee of Safety July 28"^ 1780. Sir — Sometime past the Committee received the Resolutions of Congress of the 2^ and 9'" of June last ordering that the second Tuesday in September next be assigned to proceed to hear & examine into and finally determine the disputes & differences relative to jurisdiction between the three States of New Hampshire, Massachusetts Bay and New York, and the people of the district commonly known by the name of New Hampshire Grants Sc" — Which the Committee 522 COMMITTEE OF SAFETY. immediately forwarded in a Letter to you, that you might be seasonably inform'd of the time when it will be neces sary for you to be present on behalf of this State ; But we have not received any information, whether you have re ceived our Letter and can comply with the request to attend on that important matter at the time appointed. As this is a matter of great importance we have sent this by express that we may be fully inform'd, whether you will [p. 31,] attend this business which we hope you will not fail to do as it may be very injurious to the State should we fail of having an Agent present when the affair comes on to be determined before the Committee of Congress. I am, sir, Sz:**. Samuel Livermore Esq. HaSpshire^^ ( ^^ Committee of Safety July 29"^ 1780. Resolved that the Hon'''" John Langdon Esq'' be and hereby is appointed a Delegate for and on behalf of this State to proceed to Boston to join with such- Delegates as are or may be appointed by the States of Massachusetts Bay, Connecticutt Sz: Rhode Island to meet at Boston on the 2^ day of August next to consult Sz advise in all such business and affairs as shall be brought under consideration relative to the War, and to promote Sc forward the most vigorous exertions of the present Campaign, and to cultivate good understanding and procure a generous treatment of the officers and men of our great and generous Ally ; or on any other matters that may be thought advisable for the public good — And to report the proceedings of said Dele gates to this Committee, or the General Assembly of this State. The Hon'"^ John Langdon, Esq. [P- 32.] Exeter Aug^' 2^ 1780. Sir — Some days past the Treasurer informed me that the LETTERS, ETC. 523 Draughts from Congress on this State in your favour were again presented for payment, and that he was unable to pay any part of them — considering the trouble & expense you had already been put to, I was determed to leave no proba ble method untried to procure the money. And accordingly sent off expresses to the distance of forty miles for that purpose. The Constables have been called on and Loans sohcited, and yet such is the scarcity of the Current Bills, that but about fifty thousand Dollars have been procured, and so much are we straightened, that (with concern) I am obliged to say, that there will be an uncertainty in fixing on any future period for the payment When our court set last, there was a probability of hav ing the money soon, but the raising recruits for the Army, providing supplies Horses Szc. hath taken of whatever could be drawn into the Treasury and indeed hath been very in sufficient for the Contingencies and at this time when every dollar in the Treasury hath been paid your order, one hun dred and fifty horses are waiting only for money to pay the Drivers expenses Sc" to proceed to Fishkill where they are ordered by the Quarter Mast'' Gen' — On the whole, I trust [P- 33-] you will believe that nothing but the impractica bility of getting the money hath hindered the payment which shall be made as soon as possible Sz: of which the Treasurer will give you the earliest notice. I am Sc". Jacob Cuyler Esq. Exeter August 5"", 1780. Sir — I received yours of the 31^' ult° and laid the same before the Committee who were very sorry that affairs were so circumstanced that you would not attend at Philadelphia in behalf of the State on settling the affair of the Grants Sz". The calling of the General Court together at this time would be a very great expense to the public, and more sen sibly felt now, as it is with the utmost pains, that money is 524 COMMITTEE OF SAFETY. procured day by day for the contingent expenses and in deed the time is not sufficient to give the members notice, for them to meet do the business, & then for the Person appointed to arrive in time at Philadelphia — Wherefore the [p. 34.] Committee, anxious to have the best care taken of said business that they could devise have applied to General Sullivan (who as a Delegate, may properly act for the State) to go forward immediately, and have engaged him to set out in a few days, which makes it necessary that he should have all the papers, and other assistance possible to be ob tained to enable him to transact the business, and many of the papers that you collected at Portsmouth (The Commit tee are informed) are originals in particular a state of the case drawn by CoP Atkinson. Therefore I desire you to send by the Bearer all the papers you have relative to those matters, if you have them by you, or if left at Philadelphia, or elsewhere, that you will be kind enough to give such directions as may be sufficient for him to find them. And as you have had opportunity to get much informa tion in those affairs I should be exceeding glad that you would consummate in writing to Gen' Sullivan such things as you think material, and will be of advantage to him in the case. I am &<=. Samuel Livermore Esq. Exeter August 10"^ 1780. [p. 35.] Sir— Mr, Noah Emery of this Town is appointed by the Quar ter Master General to superintend what belongs to that Department in this State who will be at Keene on Saturday morning the 19"^ inst to receive the Horses you have pur chased for the State, At which time Sz; place I desire you to have them well shod and ready to be send off — I must also desire you to procure three persons (one of whom to be a trusty proper person) to take the charge of the Horses and drive them to Fishkill. I have likewise to request you to call on the constables in your neighbourhood to advance you at least Ten Thousand LETTERS, ETC. 525 Dollars, which shall be allowed out of their Taxes, on their producing your Receipts ; which money you must deliver to M" Emery, as well as the Horses, & take his receipts therefor — Your amount for time and disbursements will be settled by the Committee on its being presented. Capt" Shubael Geer. [p. 36.] Exeter, Aug Io'^ 1780 Sir — Mr Noah Emery Jr of this Town is appointed by the Quarter Master General to superintend what belongs to that Department in this State, who will be at Wilton on Wednesday the 16"^ Instant by 10 oclock a. m. to see about sending off the horses you have purchased. At which time I desire you to have them ready at some convenient place in your Town. It will be necessary to have them well shod and you will likewise procure some Trusty person with two others to assist him to drive the Horses to Fishkill — I must also desire you to call on the Constables in your neighbourhood to let you have the Amount at least of ten thousand Dollars which shall be allowed them by the treasurer ; which money you will de liver to Mr. Emery and take his receipt therefor — You will likewise deliver the Horses to Mr Emery — Your account for purchasing. Shoeing the Horses Sc" will be settled by this Committee on your presenting it. Mr Jon^ Martin. [p. 37.] Exeter 12"' of Aug 1780. Sir — I received yours of the 4"^ Inst and am at a loss in an swering some matters, just hinted at therein referring me to a former Letter, which I have not received-=Inclosed is a letter to Dr. Phelps, desiring him to perform the business of Surgeon to the Troops under your Command — At pres ent it is not possible to procure any proper Camp Kettles in this part of the State, & of course the men must make the best shift they can until an opportunity of providing some appears. Mr. Noah Emery Jr. of this Town is ap pointed by the Commissary Gen', Deputy Commissary of 526 committee of safety. purchases in this State, but is to apply to the State for money. So many are the pressing calls for money in supplying the Army, that enough cannot be procured to answer the purpose. If the Constables on, 81 near Connecticut River in the County of Grafton will supply money to Mr Emery to [p. 38.] purchase the Beef you are in need of, or the Beef in lieu thereof he will be ready to furnish you, 8c appoint some person to superintend the business ; otherwise I dont see that the money can be procured here ; Although the August Tax is coming into the Treasury daily yet not fast enough to answer the Demands of the Army, as our Troops there are now wholly supply from home. The money advanced by any of those Towns shall be allowed out of their Taxes. Maj'' B. Whitcomb. Exeter Aug 12"' 1780. Sir — As the Troops stationed at Haverhill (without doubt) will have need of a Surgeon, I must request you to take care of them in that capacity, for which you shall have a reasonable allowance from this State. I am &c Doct. Phelps. [p. 39,] State of New ) In Committee of Safety Aug 19'^', Hampshire j 1780. To Mr Jedidiah Jewett. Sir. =?, The Committee engaged to provide a Horse for Gen' Sulhvan to go to Philadelphia. If either of the Horses which are now m your hands, belonging to tiie State, will answer for that service, you are desired to send him to Dur ham to the General, as speedily as may be. If you have not one by you, that you think will answer, you are desired to LETTERS, etc 52/ procure one as speedily, and on the best terms you can, and send him to the General. In Committee of Safety, Aug. 19"^ 1780. To Capt. Josiah Moulton & CoP S. Folsom Esq — Gentlemen — You are hereby appointed and directed to examine the powder in the hands of CoP Hubbard, that was made for this State, and see that it is good and merchantable to re port to this Committee the Quantity that is there. [p. 40,] In Committee of Safety Exeter Aug 19"^ 1780. To CoP Joshua Wentworth — Sir — You are requested and authorized from time to time to give to the commanding officer of the Continental Troops Stationed at Portsmouth such orders Sz: directions as you shall think proper for Guarding and Defending the Har bour, and in particular the Continental Ship building there. In Committee of Safety Exeter Aug 19"^ 1780. To the Board of War of this State. You are directed to supply the Continental Troops sta tioned at Portsmouth with ammunition & such other neces saries as they may want upon an application therefor, from Noah Emery Jun" Assist. Quarter Master Sc Commissary and to take his receipt for the things Delivered. In Committee of Safety Aug 23"^ 1780. To Capt Eliphalet Giddings — Sir — You are most earnestly desired & requested to col lect with all possible expedition, all the Beef Cattle which [p. 41.] you can, and deliver them to Mr Noah Emery Jr. Assis' Commis^ of Purchases to be sent forward to Camp 528 COMMITTEE OF SAFETY. without one moment's delay as we have received informa tion that the Army is in great want of those supphes. Exeter Aug. 23'^ 1780. Sir — I am honor'd with the Receipt of your favor of the 14'" Inst by express. The fatal consequences that will attend the want of sup plies for the Army strike me very powerfully. This State have proportioned the Beef Cattle to be sup plied as our Quota, to the several Towns and appointed a person to collect them to be sent forward, who has hith erto industriously attended to that business — about two hundred head of Cattle are already sent forward — about sixty head are to go forward this day, & we have issued new orders for him to procure 8c send forward as many as he can with all expedition, which I have no doubt but he will comply with, and that we shall furnish our Quota agreeable [p. 42,] to a requisition as speedily as they can be sent for ward. Every exertion in our power will be used for this purpose, I am &c. Eph. Blaine Esq. Com G. P. Exeter, Sept. 7"' 1780. Sir — I find by the Muster Masters Return that the number of men Mustered from your Regiment to join the Continental Regiments for six months falls short five men of the number required. General Washington has urged their being sent forward with the greatest speed, which I must also request you to do without fail. LETTERS, ETC. 529 There has been musterd for Hampton 5 Hampton falls 2 North Hampton, . . 4 Seabrook 2 Kensington 4 South Hampton. . . 3 Col" Moulton Exeter 9' Newmarket 7 Brintwood 4 Epping 2 Poplin 4 Dover 6 Durham 7 Somersworth 5 Rochester 9 Barington 7 Madbury 3 Lee 3 Col° Evans 12 men wanting. 42 > Col" Gilman 10 wanting 26J Kingston 6 East Kingston.... 3 Hawke 3 Sandown 2 Newton 2 Plastow 2 Atkinson 2 Salem 7 Hamstead 4 31 Col" Gale five wanting [p. 43.] State of New Hampshire In Committee of Safety Sept 8"^ 1780. To Capt Sam' Gilman Trustee of the State of the late Gov ernor Wentworth's Estate — Provided any person in behalf of the heirs of Joseph Simmes late of Portsmouth deceas'd should bid off any lands belonging to said estate in Middleton in the County of Strafford at Vendue, you are desired to take security therefor Sz: not Demand the money. In Committee of Safety Sept 6"' 1780. To Maj" Child,— Sir — Whereas Mr. Noah Emery Jr. is appointed by the Comsy General, An Assist Comsy of Purchases for this State & as he has appointed you to furnish supplies Sc" You are therefore desired to call upon the Constables in the County of Grafton, also on the Constables in Cornish & Plainfield in the County of Cheshire, for- a sum of money sufficient from time to time for supplying those troops which are sta tioned for the defence of the Western frontiers. And on 34 530 COMMITTEE OF SAFETY. your accounting for what money you receive of said Consta ble the same shall be allowed them in part of the public Taxes. [P.44-J State of New j j^ ^^^^^e of Safety Nov" 18'" 17& Hampshire ) ¦' Sir — The Commissary General of Purchases has represented to Congress the miserable Situation our Army is in for want of supplies, they are now fed from day to day & scarcely a week has passed this three months that they have not been one or two days wanting either Bread or Beef, that the Magazines are now empty and that the sea- -son of the year approaching fast when it will be extremely difficult Sz expensive if not impracticable to transport the necessary Supplies, so that if the States do not exert them selves immediately to send forward the quota of supplies they are called on for, there is the utmost danger that the Army will infallibly break up. Should this be the case, the consequences are too painful for contemplation. From this situation of our Army we are called on by Congress to take into serious consideration the present want and distrisses of the Army and by the most efficatious means and unremitted attention to send forward our sup plies. [p. 45,] The Committee therefore desire you immediately to call on every town in your district that have not fur nished their full Quota of Beef Cattle — to do it without loss of time — that the whole may be forwarded with all possi ble speed — Inform them of the state of our Army and great danger we are in if we neglect. The Committee flatter themselves, that there is not a single Town, who have the least regard for our own Safety and the Good of the Common Cause when they know the situation of the Army, that will hesitate a single moment about complying. We are called on by Congress to send forward from time to time accounts of what supplies are procured and it will be painful to the Com'^« to inform of a single Town neglect- LETTERS, ETC. 53 1 ing to comply when the necessity is so urgent, and the dan ger of neglect so apparent. [p. 46.] We have no doubt of your exertions at this critical time and desire you to give us as speedy Sz: particular an ac count of your success as may be that we may inform Con gress. To CoP David Webster- John Millen, Esq. [p. 48,] In Committee of Safety, Exeter, Feb, 9'" 1781, Sir — We wrote you yesterday requesting that you would de liver provisions Sz:<= to Gen' Nichols Sz: CoP Ellis since which we are informed that CoP Hunt is appointed Assistant Deputy Quarter Master for the Western District of this State 8c the furnishing provisions. Barracks Sz:" comes im mediately under his Department We have wrote CoP Hunt on the Subject Sz: you will take his orders respecting the same (the letter wrote you yesterday notwithstanding). To Francis Blood Esq. In Com'«« of Safety Feby 9'" 1781 Sir. The Committee have lately wrote to Francis Blood Esq. Coll" Gen' of Beef for the western District, desiring him to dehver to Gen' Moses Nichols and CoP Timothy Elhs, Muster Masters in the western district such Quantities of provisions as they may require to be by them issued to the Recruits now raising in this State, have also desired Gen' Nichols and CoP Elhs to provide Barracks Sz: other neces saries for the Troops, since the writing those letters we are informed that you are appointed Assistant Deputy Quarter Master for the western District and as we conceive the business of furnishing provisions Barracks Sc" is within your Department" we now desire that you would take up the matter of furnishing provisions barracks &c at Am herst and Keene the places of Rendezvous, & we shall 532 COMMITTEE OF SAFETY. immediately inform Gen' Nichols, CoP Ellis and Mr. Blood of the supposed necessary alterations. Mr. Emery the assistant Deputy Quart" Master in this Department will supply at this place as we have wrote Gen' Nichols & CoP Ellis on the subject of issuing provisions &c perhaps it might be agreeable if you should think proper to appoint them for that purpose. CoP Hunt [p. 49.] In Committee of Safety, Exeter, Feb. 9"" 1781. Sir — We wrote you yesterday respecting the issuing of provi sions furnishing Barracks &•= for the Troops and to call on Francis Blood Esq for a supply of such provisions, since which we are informed that CoP Hunt is appointed Assist ant Deputy Quarter Master for the Western District and that the furnishing provisions. Barracks Sz" comes immedi- diately under his Department. We have wrote CoP Hunt on the subject Sz: doubt not he will give the necessary orders respecting the same, if so it will be unnecessary for you to do any thing respecting provisions or barracks, unless you receive CoP Hunts orders therefor, which we have men tioned in the Letter to him. To Gen' Moses Nichols Sz: one similar with the above to CoP Timothy Ellis. State of New Hampshire Exeter, Feby 12"' 1781. Sir — There is no Continental Stable established within this State, Sz: we have much trouble, Sz: are at considerable ex pense for want thereof, Sc our officers are under many diffi culties. As I conceive that business is within your Depart ment Sz this State as much entitled to such a provision as any other, should be glad you would appoint some proper person for that purpose as soon as possible. This place being the present Seat of Government, our officers naturally LETTERS, ETC. 533 resort here Sz: I suppose that it would be the most proper [p. 50.] place for such a Stable please to let me hear from you as soon as may be. I am &". CoP Jabez Hatch. State of New Hampshire J In Com'^« of Safety Feby 8"^ 1781. To the Selectmen of Gentlemen — We are under the most pressing necessity to call on you again to give directing to your Collector or Collectors to send into the Treasury what money they now have of the State Taxes, and to proceed with all possible expedition to Compleat their Collections, We were lately obliged to call for what money the Collectors then had in order to send forward some to the Army, who were suffering for want, not having received any pay for a long time, that money has been forwarded. The Treasury is still empty, there are now many officers Sz soldiers now come home on furlow who were obliged to borrow money to get home and are in the greatest want of some. Our Soldiers have the greatest need of shoes, stockings, shirts Sc almost every sort of Cloathing, and there is no money to purchase any. We are called on by Congress for sending forward money immediately for paying the Army Sz: for the relief of our Prisoners suffering the most inhumane treatment in the hands of our enemies, besides Demands of various kinds, daily occurring, for large sums of money for defraying the charges of the War. Congress inform us they have no other resourse for all these purposes, but by applying to [p. 51.] the several States. In short without the spirited exertions of the people to furnish the Treasury with money it will be impossible to proceed in our affairs : We there fore rely upon your exertions at this critical time for the immediate sending to the Treasury what yet remains of your Taxes. 534 COMMITTEE OF SAFETY. State of New Hamp"". In Com'"" of Safety Exeter 15 Feby 1781. Sir — You being appointed one of the Recruiting officers from the line of this State, you will receive from the Muster Master at Amherst such men as he shall muster Sz give your Receipts to him for the same to be by you forwarded to the New Hampshire Line agreeably to the Act of the General Court for raising Sz: compleating this State's quota of the Continental Army passed Jany 12"^ 178 1. You will receive from the issuing Commissary, who is or may be ap pointed at that place such Rations of provisions for your self and party as you are entitled to receive in Camp. You will likewise receive Rations for the new Recruits agreea bly to a Vote of the General Court passed Jany 26"" 1781 (a Copy of which you have herewith) and give your Receipts to the Commissary for the same. Lieut Bezaleel Howe — also to Joseph Boynton Lieut. State of New Hamp'' — In Com*"" of Safety Feby. 17'" 1 78 1 Sir — The accounts which this State has ag^' the United States for transportation the year past (furnished by the Board of War Sc now to be settled with Mr. Emery) you" please to make out in your own Name Sz: take his obligation as A. D. Q. Master for payment. To Joseph Gilman Esquire. [p. 52.] State of New | In Com'"" of Safety Exeter Feby Hampshire \ 17"^ 178 1 Sir — The accounts which you have for Driving Cattle to the Army the year past with the Receipts for those you Deliv ered at the Army, You'l please to settle with Mr. Emery LETTERS, ETC. 535 taking his Receipts for the receivall of the same Sz his obli gations as A. C. of P, for payment of Driving, To Capt Eliphalet Giddinge, HaS fhk!^ \ ^" Com'"" of Safety Exeter March 2« 1781 Sir — The Accounts which this State has against the United States for supplies to the Continentall Troops the year past furnished by the Issuing Commissary Thomas Bickford and now to be settled with Mr, Emery, You" please to make out in your own name & take his obligation as Ass' Dep'y Quar'" Master for payment. CoP Supply Clapp. State of New Hampshire J In Com'"" of Safety Exeter March 9"' 1781. Sir — We wrote you on the 9"^ ult" that application had been made to CoP Hunt to furnish the necessary supplies for the Recruits now raising in the Western District, since which by a Letter from s'' Hunt we find he declines the business. Therefore agreeably to our first directions, we request you ±0 undertake the business of supplying the Troops to be mustered at Keen Sc that you call on Francis Blood Esq for supplies accordingly. CoP Timothy Ellis Sz: Gen' Moses Nichols. [p. 53.] State of New Hampshire | In Com'"" of Safety Exeter March 9'" 1781. Sir — You are desired to furnish Gen' Nichols at Amherst Sz: CoP Ellis at Keen with such quantities of Beef or Pork, 536 COMMITTEE OF SAFETY. Meal or Flour as may be necessary to supply the Troops now raising in the western part of the State with 'Rations while at the places of Rendezvous 8c when they march to carry them to the next Issuing Commissary agreeably to a vote of the Gen' Court, 8i you are to receive such quantities of meal or Flour from any Town or Towns as may be necessary for the above mentioned supplies Sc to assure such Town or Towns that the value of such supplies of Meal Sz: flour will be deducted out of their proportion of Beef or paid for in money as the Gen' Court may determine Sz: you are to give your Receipts to the Towns accordingly. To Francis Blood Esq of Temple. State of New | In Committee of Safety Hampshire \ Feby 16'" 1781. To Sam' Wells Serj' Maj" i^' N. H. Reg'. Sir — You are desired to repair to Keene in the State of New Hampshire and there to receive from the Muster Master at said place all such men as he shall muster Sz: give your Re ceipts to him for the same to be by you forwarded to the New Hampshire agreeably to the Act of the Gen' Court for raising and compleating this States quota of the Continental Army passed Jany 12"^ 1781. You will receive from the Issuing Commissary who is or may be appointed at that place such rations of provisions for yourself Sc party, as you are entitled to receive in Camp — you will likewise receive [p, 54,] Rations for the new Recruits agreeably to a Vote of the Gen' Court passed Jany 26"" 1781 (a Copy of which you have herewith) and give your Receipts to the Commis sary for the same. Exeter March 31, 1781. Sir — General Washington has wrote in the most urgent man- .ner for the Recruits to be sent forward as speedily as possi ble ; Upon which the General Court have directed me to write to the officers appointed to receive the Recruits at the several places of Rendezvous in this State to forward LETTERS, ETC. 537 them to the Army as fast as possible agreeable to General Washin^on's Request and that the Recruits be informed that this State are taking measures for speedily procur ing Sz sending forward to the Army their necessary Cloath ing — You will therefore send forward as speedily as possi ble all the Recruits now ready to march and continue your exertions that the remainder be procured Sz forwarded with out loss of time. If no officer appear to take Charge of them, send them forward under the care of a Serjeant or some careful person the best you can procure. To Lieut Bezaleel Howe Joseph Boynton Samuel Wells Serj' Maj" [p. 55,] In Committee of Safety Exeter April 7"' 1781. Gentlemen — This Committee being impowered (by a Vote of the Gen eral Court passed this day) to Rent out for the present year, the improved Lands of Absentees 8c of the Subjects of Great Britain lying within this State — You are hereby au thorized Sz: requested to Rent out for the present year all the improved Lands of such Persons lying or being within the County of Grafton on the best Terms you can make, for the use of this State Sc to make Returns of your do ings to the Gen' Court or Committee of Safety as soon as may be. To the Hon"'" Charles Johnston Esq & Mr James Woodward State of New Hampshire. In Committee of Safety Exeter April 12"^ 1 78 1. Sir — In pursuance of an Act passed by the General Court the 7"^ Instant Entitled an Act to prevent fraud in Shoes made for the Army of the United States of America, You are hereby appointed an Inspector of Shoes within 538 COMMITTEE OF SAFETY. the Town of Exeter and directed to proceed agreeably to said Act. To Mr Eliphalet Hale Exeter & Mr Geo Dame Portsmouth. [p. 56.] State of New Hampshire In Committee of Safety Exeter April 12"* 1781. Sir. This Committee being impowered (by a Vote of the Gen' Court passed the y^^ Inst) to appoint proper persons, to rent out for the present year the improved lands of absen tees and of the subjects of Great Britain lying within this State, You are hereby authorized Sz: Requested to Rent out for ,-the present year all the improved Lands of such Persons lying or being within the Town of Litchfield and if you have knowledge of any other such lands lying or being in the County of Hillsborough you are hereby authorized to rent out the same as above, or to authorize any other suita ble person to do the same on the best terms that can be made for the use of this State and to make returns of your doings to the Gen' Court or Committee of Safety as soon as may be. To Lt CoP Sam' Chase i Sent a letter by Capt < Stone inclosing this Sz: ( the Resolves of Court i2"'Ap' 1781 State of New | In Committee of Safety Exeter Hampshire ( April 13'" 1781. Sir — By the inclosed Votes bf the Gen' Court of the 6"' & y^ Instant You will see that a Company of men are ordered to be raised for the Defence of Piscataqua Harbour, & that you are appointed Captain, Joseph Huntoon L', 8c Meshech Bell Ensign of said Company — You are hereby directed LETTERS, ETC. 539 to take msasures for enlisting said men as soon as may be agreeably to said Vote of the 6"' Inst. To Capt Ebenezer Dearing. P. S. You have enclosed two other copies of the above Votes which you" Please to deliver to M" Bell. [p. 57-] Exeter April 14"^ 1781. Sir — You will find by the inclosed vote of the Gen' As sembly, that you are appointed a Delegate from this State to the Continental Congress and as it is expected General Sullivan will return home in a short time it is necessary that a Delegate should go forward soon, that this State may not remain unrepresented in Congress. Therefore desire your answer as soon as you can conveniently give it wheth er you accept, Sc when you can go forward. I am Sec. Hon'''" John Wentworth, Jun" Esq. State of New Hampshire f In Committee of Safety Exeter April 19'" 1781. Sir — You being appointed to rent out farms of Absentees &" in the County of Hillsborough you are hereby Impowered to agree with the persons now living on said premises or any other persons (and in case you cannot agree to refer the same to two or more suitable persons) to rent out said farms untill the first day of march next the Rents to be es timated at what the farms are worth in their present situa tion. You are to give proper Leases of the same Sz the persons who shall hire the same to pay all Taxes exclusive of the Rent. To CoP Sam' Chase. 540 COMMITTEE OF SAFETY. fp 58] State of I In Committee of Safety New Hampshire \ Exeter, April I9'''' 1781. Sir — Inclosed you have a Vote of the General Court of the 5"" Instant directing that two Companies should be raised for the Western frontiers rCoPTim"'yEllisi.C.i.L'44.p. ^, .^ . r .J Late CoP Bellows I Capt 29 p The Proportion of said men I ^^j j^i y^ ^ jj jg p_ to your Regiment, 1. e. ^ ^^^ j^^a chase i. L' 23 p tCol D" Webster i. Lt 12 p. Which you are to raise agreeably to said Vote 8c to have them Rendezvous at the time Sc place therein mentioned well armed Sz equipped. And you are to call on the Select men of the respective towns in which said men are raised to pay each soldier two Dollars per mile travel money from their respective homes to the place of Rendezvous and inform them that the same shall be allowed out of their tax for the present year. State of New ) In Committee of Safety Hampshire \ Exeter April 19"' 1781. Sir — As it is necessary that a Commissary of Purchases should be appointed for the Troops raised for the defence of the western frontiers — You are hereby appointed for that pur pose, and authorized to call on the selectmen or Constables of the several Towns in the County of Grafton and on the towns of Plainfield Sc Cornish in the County of Cheshire for [p. 59,] any sums of money you may have need of from time to time for the supplying said Troops with provisions, not exceeding one fifth part of the proportion of said towns to the tax of one hundred Sz twenty thousand pounds raised by this state for the current year. And if any town incline to deliver Beef or Flour at the current market price at the places where said Troops may be stationed — You are to re ceive the same and you are to deliver said Provisions to Lieut Jonathan Ring who is appointed an Issuing Commis sary for said troops, taking his Receipts for the same Sz the LETTERS, ETC. 541 sum or sums so furnished by any towns shall be allowed out of the tax above mentioned and make return from time to time to the General Court or Committee of Safety of your proceeding in consequence of the above. P. S. inclosed is a Vote of the General Assembly relative to raising & paying said Troops. To Moses Dow Esq. [p. 60.] State of New Hampshire \ In Committee of Safety, Exeter April 19'" 1781. Sir — You will find by the inclosed Vote of the General Assembly that two Companies are to be raised for the de fence of the Western frontiers, and as it is necessary that an Issuing Commissary be appointed for that purpose 8c you are from time to time to call on Moses Dow Esq. who is appointed Commissary of Purchases for Beef & flour for the Supply of said Troops and receipt for the same. And you are to deliver to each officer Sz soldier customary rations agreeable to said Vote. And you are to make Return of your proceedings of [to] the General Court or in their Re cess to the Committee of Safety. To L' Jon* Ring. State of ( In Com'"" of Safety Exeter New Hampshire j April 19"" 1781. Sir — Inclosed you have the Vote of Court for raising two com panies of men for the defence of the Western frontiers. We have proportioned the men in the following manner, viz' to CoP Ellis's Regiment One Captain, one Lieut Sz: forty four privates. Late CoP Bellows Reg', one Cap' Sz: twenty nine privates Col Moreys One Lieut S: sixteen [p. 61.] privates, Col Chases One Lieut S: twenty three privates ; and Col. David Websters One Lieut Sz: twelve privates. We have appointed Moses Dow Esq to procure provi sions and Lieut Jon^ Ring as Issuing Commissary — Hope 542 COMMITTEE OF SAFETY. the measures we have taken will be agreeable and doubt not you will give the necessary directions for stationing the Troops Szc. To CoP Charles Johnston. State of ) In Com*"" of Safety New Hampshire j Exeter April 19'". Sir. The inclosed Letters containing Votes of Court Sz Orders for raising men we have thought proper to send to you. Your forwarding the same will oblige the State. I am Sz;". Gen' Benj, Bellows, P. S, Have forwarded sundry Acts Sz: Proclamations to you. Your sending the same to the Towns they are direct ed to will be esteemed a favor. State of New Hampshire. Exeter April 21=' 1781. To ( Matthew Pattin „ ) I Thomas Sparhawk ^^'^^ \ Judges of Probate ( for County Hillsbo" of Wills I for County Cheshire Sir — Agreeable to the above Vote* of the Gen' Assem bly, I am to Recommend your punctual compliance with the Directions of the same. I am Sz:c. * for the Vote see, April 3'^ 1781. [p. 62.] State of I In Com'"" of Safety New Hampshire j Exeter, April 27"^ 1781. Sir — Your letter of the 10'" instant have received Sc shall give LETTERS, ETC. 543 you -directions respecting the money you have on hand by Col Dearborn who expects to set out for Camp in few days. Inclosed you have a copy of a Vote of the Gen' Court of the 6"^ instant by which you" see, that the men lately belonging to the Compy commanded by Maj" Whit comb, are entitled to the same gratuities Szc as others of the New Hampshire. You have likewise indorsed an account of monies which have been advanced here to soldiers of the New Hampshire Line 8c Whitcombs men, which sums you will observe are to be by them accounted for in the same manner as the money which has been or may be paid by you to soldiers in Camp shall be accounted for. Mr Jedidiah Jewett. State of I In Com'"" of Safety New Hampshire J May 4"^ 1781. Sir — You are hereby directed to take particular care that all officers & others belonging to any Flagg now ]yin_g in the Port or Harbour of this State or that may hereafter arrive for the purpose of bringing Prisoners or any other Purpose be confined to their respective vessels Sz: not permitted to come on shore on any pretence whatever ; And you are not [p. 6^.^ to suffer any person to go on Board them unless under your direction for furnishing them with necessary Provisions Szc. To Capt Ebenezer Dearing, commanding Officer of the Forts at Piscataqua Harbour. State of ) In Com'"" of Safety New Hampshire \ Exeter May4'^ 1781. Sir — Whereas a Warrant has been presented to the Commis sioner of the Loan Office for this State drawn by the Presi dent of Congress & dated the 28"* Feby for the sum of fifty one thousand seven hundred & twenty six Dollars in Bills of the new Emission for the purpose of paying the Troops of the New Hampshire Line, which Warrant is Indorsed in 544 COMMITTEE OF SAFETY. your favor Sz there not being money in the Loan offite to discharge the same — You are desired to call on Mr Jedidiah Jewett for such sum of money as he may have in his hands belonging to this State (after deducting such sum as may be necessary to compleat the payments to those soldiers of the N, H. line who have not received the 15 Dollars each agreeably to Directions formerly given to Mr Jewett) pro vided the same can be applied for the sole purpose of pay ing the officers Sc soldiers of the New Hampshire line Sz: not otherwise. In case that can be done, you are desired to Indorse such sum as you may receive on the back of said Warrant and give Mr Jewett a receipt for the same. To L' Col Henry Dearborn. [p. 64,] State of New ) In Com'"" of Safety Exeter Hampshire. | May 4"^ 178 1. Sir — You are hereby directed to pay Col Henry Dearborn what money you may have on hand belonging to this State (after deducting such sum as may be necessary for com pleating the payments of 15 Dollars to those soldiers who have not received the same of you Sz have not received any of Mr Gilman an account of which was sent you by Capt Robinson) provided said money can be appropriated for the sole purpose of paying the officers Sz soldiers of the New Hampshire line of which you will be informed by CoP Dearborn, and you are to see the same Indorsed on a War rant drawn by the President of Congress on the Loan offi cer of this State which warrant is now in the hands of CoP Dearborn, You are likewise to take CoP Dearborn's receipt for the same. To Mr Jedidiah Jewett State of ) In Com'"" of Safety Exeter New Hampshire ) May 5"' 1781, Sir — As it IS necessary that a Return of all provisions now in this State, should be made to his Excellency the Command er m Chief— You are hereby desired to make a Return of LETTERS, ETC, 545 all provissions by you by you collected in pursuance of an Act of this State what quantity has been disposed of for the use of the Troops 8c where the remainder is now stored. You are likewise do make Enquiry of what quantity of Pro visions is now stored at Charlestown (or any other place in this State) belonging to the United States & in whose care [p. 65.] the same now is Sz make Return of the same, with the return of Provisions by you collected to this Committee as speedily as possible. To Francis Blood Esq. State of I In Com'"" of Safety Exeter New Hampshire \ May4"'i78i. To CoP Joshua Wentworth. Sir — You are hereby desired to Muster all such persons that have inlisted or that may be raised to serve as soldiers in Capt Dearings Company raised for the Defence of Piscata qua Harbour agreeable to a Vote of the Gen' Assembly of the 6"^ of April last, And you are to pass none but able bodied effective men, and to return a Roll of the Persons mustered to the Gen' Assembly or Com'"" of Safety for said State. In Com*"" of Safety Exeter May 25"' 1781. Sir — Whereas Maj" Gen' Heath (in consequence of orders from his Excellency Gen' Washington) hath this day laid before the Committee a representation of the critical Sz dangerous situation of our army for want of supplies of meat, and that there is an absolute necessity of sending forward a number of Beef Cattle immediately You are hereby requested to proceed immediately to the [p. 66,] several Towns in your District & earnestly request of them, that they deliver as many Beef Cattle as they can possibly procure which will be allowed out of the Beef ap portioned to them by the act of the Gen' Court of the 27"^ of January last You will represent to the Selectmen the absolute necessity of an immediate Supply or the Army 35 546 COMMITTEE OF SAFETY, must infallibly break up Sz we cannot doubt but every friend to the common cause will exert himself at this criti cal time. To Capt E, Giddinge Sc ) Coll^'^ Gen' F, Blood Esq, ) Beef Catt', In Com*"" of Safety Exeter May 25"^ 1781. Sir — By the inclosed Orders you will see the absolute necessi ty of collecting and sending to the Army immediately as many Beef Cattle as possible. You are requested on the receipt of this immediately to apply to the several towns in your district Sz: obtain certain information what number of Cattle can now be had Sz make return of the same to the Gen' Court on the first day of their next session. It is likewise necessary that returns [p. 67.] should be made of all the Beef now salted within your district in consequence of the act of .the Gen' Court of the 27'" of Jany last Sz in whose care 8c at what places the same now is — Agreeably to Directions sent you the 5"' instant. Francis Blood Esq CoU" Gen' Beef Cattie. Exeter May 25"" 1781. Sir — I wrote you sometime past earnestly requesting you to accept the appointment of a Deputy Quarter Master for sending forward Beef Cattle Stores &c to the Army from your part of the State since which I have received a Letter from CoP Hatch D. Q. M. G. informing me that he had wrote you on the subject and I must renew my request that you will undertake the business as there is the greatest necessity of some person at Charlestown being immediately employ'd for that business and I know not who else to ap ply to. Please to let me know as speedily as possible that you will accept. CoP Samuel Hunt. LETTERS, ETC. 547 In Committee of Safety Exeter May 26'" 1781. Sir — By Lieut Joshua Merrow who has the care of a party of Recruits from this State, we send a person by the name of Jason Tyler, who says he belongs to Wallingford in your State. He was apprehended the 23'' inst on suspicion of his being an enemy to the United States. The Evidence [p. 68,] which we have had against him is one John Law rance, who was apprehended Sc brought to this place some time past (Lawrance acknowledges himself a Deserter from CoP Meigs Regiment Capt Leavensworths Company in which he was engaged during war). He has Deposed, that he saw said Tyler on Long Island about the month of May 1779 — And that said Tyler then Sz there (mentioning the particular place, House Szc) informed him that he had one hundred Thousand pounds Counterfeit money which he had received from Rivington Sc that he was going to distribute the same on the Main, He likewise mentions other conversation which he & said Tyler there had. Both Lawrance and Tyler being strangers here 8c their Characters to us unknown, we have thought proper to send them to you to be conducted with as you shah think best — One Circumstance which adds much to the validity of Lawrances evidence is that he with out (as we have sufficient grounds to believe) having seen said Tyler since his coming into this part of the country & before he was pursued to be apprehended, gave a particular description of his person, age See. I have the honor Szc, His Excellency Jonathan Trumble Esq Gov" of the State of Connecticutt for Postscript see the next Page. In Committee of Safety Exeter May 26'" 1781. To Lieut Joshua Merrow — You are hereby directed to take under your care one Jason Tyler (who has been apprehended on suspicion of his being an enemy to the United States of America and who 548 COMMITTEE OF SAFETY. is now in Custody of Mr. Simeon Ladd and him safely de- [p, 69,] liver to his Excellency Jonathan Trumble Esq Governor of the State of Connecticutt as soon as may be Sc at the same time to deliver to his Excellency the Letter herewith given you. You are likewise directed to take with your party one John Lawrance (now in custody of said Ladd) and conduct him in safety to his Excellency as an Evidence against said Tyler, P, S, Since the foregoing Letter was wrote Tyler it seems has drawn up a Deposition to invalidate Lawrance's Evidence, Sc has procured one Danford a Soldier to make oath to the same, Danford has been with the Com'"" Sz: asserts that at the time of his making Oath he was intoxi cated 8c has no knowledge of the matters contained in the s'' Deposition, that his intoxication was occasioned by re peated draughts of Liquor being given him by the said Ty ler prior to the drawing up said Deposition, His Conduct in procuring this Sz some other Depositions in this place give the Com*"" great reasons to suspect him — doubt not but your Excellency will cause proper examination to be made respecting the matter. Exeter June 2^ 1781. [p. 70.J State of 1 In Com'"" of Safety New Hampshire ( Exeter July 5"" 178 1 Sir, You are hereby directed to send forward as soon as may be the prisoners in your Custody to the Commissary of Prisoners at Boston under a proper Guard to be taken from Capt Dearing's Company ff they can be spared — if not you are to apply to CoP Joshua Wentworth for a draught from the Militia to serve as an Escort to the said Prisoners. I am Szc. M. Weare Presid* Capt M. Woodward Comsy Prisoners. LETTERS, ETC. 549 State of ) In Com'"" of Safety Exeter New Hampshire j July 5'", 178 1. To Maj" Gen' Nathaniel Folsom Sir, You are, in addition to the Act for raising the Regiment of Militia to inform that the Travel money allow'd by said Act will be paid at the place or places which may hereafter be appointed for collecting them together in order to march by a person or persons appointed for that purpose. M. Weare, Presid. State of New Hampshire ( In Com'"" of Safety July 5"' 1781. Sir You are hereby directed to proceed in searching for Isaac Walker Sc W" Putney of Hopkinson — Michael Ames Sz Israel Rand of Warner, James Kelley of Stratham Sz: James Randall of Chester or Nottingham, who have lately deserted from Capt Eben" Dearings Company stationed at [p. 71.] Piscataqua Harbour — And if they can be found to secure Sz return them to the said company. And all officers Civil & Military are hereby required to give you their aid Si: assistance in finding, securing & sending on to their company the said Deserters. M. Weare, Pres'. L' Joseph Huntoon. State of ) New Hampshire ) In Committee of Safety Exeter July 6'" 1781 Sir, The Commissioners who met at Providence on the 26"* Ult" agreed that this State should supply the Army with 90,000 lb. of fresh beef within the present month ex clusive of Hides Sz Tallow — And that 45,000 lb. be sup plied after that on the 1 1'" and a like quantity on the 25"" days of each respective month (exclusive of Hides & Tal low) from the present to the month of December next inclusive to be punctually delivered at Camp on said days. 550 COMMITTEE OF SAFETY. Agreeably to which you are hereby directed to deliver to the proper Officer in order that it may be sent forward 40,000 lb Beef within your district (exclusive of Hides Sr Tallow) to be delivered at Camp this month including what you may have sent forward since the month came in — And after that to supply with 20,000 lb to be dehvered at the Army on the ii"'day of August with the greatest punc tuality — And a hke quantity to be deliv'' there on the 25 th [p. 72.] day of said August — And you are to continue to supply in the same manner viz' with 20,000 lb on the 1 1"" and a like quantity on the 25'" days of each respective month to the month of December next inclusive — The General Court have accepted the report of the Commission ers Sc it appears of the greatest importance that it should be complied with, with the utmost exactness Sz punctuality. I am Szc. M. Weare. Francis Blood Esq, C oil" Gen' Beef, State of New Hampshire \ In Com'"" of Safety July 6"" 1781, Gent" — This Com'"" being directed by a Vote of the Gen' Court of the 4"" ins' to procure this States Quota of Rum for the Continental Army Sz to receive the same from any Towns instead of the Beef apportioned to them by a late Act of this State estimating the price of Said Beef Sz Rum as they can agree on, or otherwise to purchase the same : Having concluded to receive six Gallons of Good West India Rum full proof, or Nine Gallons of good New England Rum instead of each Hundred weight of Beef, Now propose the same to you supposing it would be most convenient for you to furnish Rum, As there is a necessity of having a quantity of Rum im mediately would be glad of an Answer by the Bearer, Whether you will furnish any, and if so what quantity. M. Weare Pres'. Selectmen of Portsmouth. LETTERS, ETC. 551 [p. 73.] State of I New Hampshire j In Com'"" of Safety Exeter July 12'" 1781. Sir, You are desired to receive Beef Cattle in any Towns or places within your District where the same may be col lected in Droves to be forwarded to the Army, Sz Charge the expenses attending the same to the UniHed States. M. Weare Presid To Noah Emery Jun" Esq. Assist' D. Q. M. State of I In Com'"" of Safety New Hampshire ) Exeter July 19'", 1781. Sir, General Stark having represented to this committee that he (sometime past) purchased three Lotts of Land lying in Dunbarton which Lotts were sold by you, as a Trustee to confiscated estates, and as there is money due to Gen' Stark from the Public, You are hereby directed to postpone calling on him for payment of said lands untill further Or ders from the Gen' Court or their Com'"" of Safety. To Stephen Harriman Esq. State of 1 In Com'"" of Safety New Hampshire J Exeter July 20"^ 1781. Sir, You are desired to stop in your hands the Wages due to the following soldiers who desarted from your Company viz' Isaac Walker three pounds : Michael Ames three pounds : Will"^ Putney three pounds and Israel Rand three pounds for which sums you are to be accountable. M. Weare Presid' ,;^ 1 2-0-0. To Capt Ebenezer Dearing. [p. 74.] State of I In Com'"" of Safety New Hampshire ) Exeter July 20"^ 1781. Sir, You are hereby directed, that whenever you deem it 552 COMMITTEE OF SAFETY. necessary to have any of your Company tried by a Court Martial Sz Continental Officers cannot be conveniently had, to try them — to apply to such Militia Officers in CoP Went worths Regiment as may serve to constitute s'' Court which Officers are hereby directed to attend upon the said business when applied to for that purpose. M. Weare Presid Capt Ebenefer Dearing. Exeter July 20'" 1781. Sir, You may recollect that when you left the General Court I desired to be informed weekly if you could or as often as you could have an opportunity of your success in collecting & sending forward beef Cattle to the Army, that I might be able to give information from time to time of what sup plies might be depended on ; But I have not received any information from you respecting this matter. By accounts from General Washington, we are greatly deficient in our quota of supplies of fresh as well as salt provisions, which may prove of the most fatal consequence. I must intreat you. Sir, to use your utmost Exertions at this important [p. 75.] crisis, and give me as speedy information as pos sible of what Beef Cattle you have already collected and sent forward and of what assurance you have of being able to comply with the last directions sent you, agreeable to the report of the Delegates at Providence, which is not only necessary to be complied with, but a much larger propor tion will be wanted as we are greatly deficient in salted Provisions — I must repeat my request for as speedy an answer as may be, and as particular an account as you can give me. And am With much respect Your Hum'''" Serv' M. Weare Presd' Francis Blood Esq State of I In Com*"" of Safety New Hampshire ] Exeter July 27'" 1781. Pursuant to a vote of the Gen' Assembly of the 27"' of LETTERS, ETC. 553 June 1 78 1 authorizing the Com*"" of Safety to establish a Post to ride from Portsmouth to the western parts of this State, Sz agreeable to the proposal of Mr. John Balch of Keene, he the said John Balch is hereby appointed a Post rider for the term of three months to set out from Ports mouth on Saturday morning to ride to Haverhill by the way of Concord and Plymouth thence down the river to Charles town, Keene Sc to Portsmouth again, which tour is to be punctually performed once in each and every fourteen days during said term, unless this Com'"" shall think it most convenient for the public good, that the said Balch should [p. y6.] sometimes alter his Rout. The said Balch is to convey all public Acts, Letters and Dispatches free from Charge. For which Service he shall receive from this State the sum of Seventy hard Dollars or Paper money equivalent. M. Weare Presd' I, John Balch, do hereby agree to the foregoing proposals and engage punctually to perform the duty of a Post-Rider agreeably thereto. John Balch. A Copy State of ) In Com'"" of Safety New Hampshire ) Exeter July 28'^ 178 1. Sir, The Com'"^ having received information that a party of men from the enemy have lately been at Sundry Towns in the County of Grafton, that they took M" Joseph Whipple at Dartmouth.; but he was so fortunate as to make his Es cape, that they carried off many of his Goods Szc Sc that the people in that part of the Country are much alarmed Sc must soon quit their habitations unless some assistance is afford ed them. Therefore You are hereby directed to raise as soon as possible the men apportioned to your Regiment agreeably to a Vote of the Gen' Court of the 5'" of April last or in case the whole cannot be raised such a number of them as may be sufficient for scouting parties Sz: to put 554 COMMITTEE OF SAFETY. them under the Command of CoP Johnston agreeably to former Directions given you. M. Weare To CoP Timothy Ellis, Commander of the late CoP Bellow's Reg' CoP Israel Morey, CoP Jon'' Chase Sc CoP David Webster. [p, yy.'\ Exeter July 28'^ 1781, Sir, I have received your favors of the 23'' Sc 25"^ ins' In answer to which, with respect to your appointment as an assistant Deputy Quarter Master altho' I must confess that CoP Hatch's letters to you are not so explicit re specting the office you are appointed to, as I expected, yet I think that it must be understood in that light, as this is agreeable to what I wrote to CoP Hatch, and the appoint ment is in consequence of what I wrote him, I have like wise conferred with M" Emery respecting the matter who thinks there can be no doubt or dispute in the matter if you sign as assistant Deputy Quarter Master, I am sensible that you will meet with many difficulties in your quarter, but the supply of the Army is all important, Sc every exertion must be used for this purpose at this im portant crisis. The Difficulty respecting the money is truly alarming — as for hard money we have none, nor can it be procured on any terms. The Com'"" have sent you, by M" Balch who is employ'd as a Post Rider three hundred pounds of the continental new Emission and will furnish you with more [p, 78,] as necessity may require, if this will answer, and if the Continental Currency will not answer we have it not in our power to furnish any other ; And I know not what can be done if this should be the case that ,the people in General are so void of any regard for the good of the public as to refuse taking the only medium we have ; I desire you to inform me of it as speedily as may be that the matter may be properly represented to General Washington Sc to Congress or such other methods taken as the necessity of the thing may require. I am Szc. M. Weare. CoP Samuel Hunt LETTERS, ETC. 555 State of ) In Com**" of Safety, New Hampshire ) Exeter August 3'' 1781. Sir — You are hereby directed to inform this Committee as speedily as possible how long the Beef you mention in your Letter of the first instant has been upon hand and from whom it was purchased and what Quantity you now have that is spoiled, as the Committee have been several times informed that there was not any Beef in the Store. M. Weare, Presid'. M" Tho^ Bickford Comsy Issues at Portsm". State of I In Com'"" of Safety New Hampshire j Exeter Aug' 3'' 1781. We have this day received your Memorial and Petition of [p. 79.] the 5*"^ July — In answer to which we would ob serve, that it is not in the power of this Committee to give you immediate Relief, And the calling the Court together at this busy season would be attended with many Difficul ties ; but we have not any doubts, but the General Court on their first meeting will take the Memorial under consid eration and give such Relief in the case as will be adequate, as we are fully persuaded it was the intention of the Court, that your wages should be made as good at the time of pay ment as when you engaged the Service. M. Weare Presid' To the Soldiers at the Forts. State of ) In Com'"" of Safety Exeter New Hampshire \ August 10"' 1781. Gentlemen, We have received your Petition by CoP Page and ob served the Contents — are sorry to find that the enemy have made an Incursion into your Quarter. We have consulted CoP Page Sc Joseph Whipple Esq. respecting the matter Sc have directed a Company of thirty men to be raised for a 556 COMMITTEE OF SAFETY. scouting party to serve untill the first day of November next unless sooner discharged. We have appointed CoP Page 8c Joseph Whipple Esq to see the men supplied with [p. 80.] provisions Sec. You are requested to furnish them with the Quantity necessary (without which the men cannot Subsist) for which you will be paid by the State or allowed out of your proportion of Taxes. M. Weare Presid' Selectmen of Conway. State of I In Com'"" of Safety New Hampshire \ Exeter Aug' lo"' 1781. To You are hereby directed to enlist a Company of thirty able bodied effective men well armed Sz accoutred to serve as a scouting Party for the defence of the frontiers of this state untill the first day of November next unless sooner discharged — the men when raised to be Commanded by you. And you are to call on who is appointed your Lieut for his assistance in raising said men — You are hereby also directed Sc authorized to appoint two Serjeants Sc two Cor porals — You will be entitled to the same Wages Szc as officers of your Rank in, the Continental Army, and you may assure the Men that they shall have the same pay Sc depreciation as soldiers in the Continental Army have. You are to follow the directions which may from time to [p. 81.] time be given you by CoP David Page And Jo seph Whipple, Esq. or either of them — as the men are to be raised for the immediate protection Sc defence of the People in your Quarter and the western Part of this State on whom the Enemy have lately made cruel depredations — doubt not but you will exert yourself in raising them as speedily as possible. State of ) In Com'"" of Safety Exeter New Hampshire j Aug^' lo"' 1781. To You are hereby appointed Lieutenant of a Company of thirty men to be raised as a scouting party to serve untill letters, etc. 557 the first day of November next unless sooner discharged to be under the Command of Capt'* You will be enti tled to the same wages Sec as any officer of your Rank in the Continental Army. State of I In Com'"" of Safety New Hampshire \ Exeter Aug^' lo'" 1781. Sir, The Com'"" have received information that CoP David Webster has sent on to your care the men he was directed [p. 82.] to raise in his Regiment for the defence of the frontiers — if this be the case, you are hereby requested to send them forward immediately to the upper Coos there to be placed under the direction of Joseph Whipple Esq who will on their arrival see that Provision is made for their support — which measure appears to be necessary, as some depredations have lately been committed by the Enemy in that quarter. M. Weare Presd'. CoP Charles Johnston Exeter August ii"* 1781. Sir, I received your favor of the 7"* inst' By M" Balch, am very sensible of the difficult Situa[tion] you are in by reason of the mad Conduct of Vermont and the People in your parts which has thrown every thing into Confusion, General Sullivan in his Letter of the lo"* Ult" says that he Sc M" Livermore had received the Letter and Instruc tions which were sent them by order of the General Court, and in which was inclosed Copies of the Representations which were some time since made of the difficult situation of affairs in the western parts of this State which were de livered by M" Sparhawks Sc yourself to the General Court — that they were immediately laid before Congress Sc referred to a Committee with directions to report as soon as possi ble that he expected the result would be a prohibition to the pretended State of Vermont exercising any Jurisdic tion East of the River and an appointment of a day for 558 COMMITTEE OF SAFETY. [p. 83,] proceeding upon the examination of the dispute. M" Livermore in his Letter of the 24"* Ult" which was re ceiv'd yesterday says "that the dispute is in agitation Sc I hope will soon be ended." The General Court are to meet on the 22'' instant, and doubt not but they will do every thing in their power for the Protection Sc support of the Counties of Cheshire Sc Grafton. CoP Tim" Ellis. State of ) In Committee of Safety New Hampshire ] Exeter, August 18'" 1781. Sir, As there was no Commissary of Prisoners in this State, the General Court appointed Capt Moses Woodward of Portsm" as Commissary — But this Committee supposing that the appointment ought to be in a regular Channel as pointed out by Congress, and as there are a number of Prisoners now in this State, which makes the appoint ment the more necessary — You are hereby requested to appoint the said Capt Wood ward a Deputy Comsy of Prisoners for this State, and for ward his appointment by the next return of the Post, or in case you decline making the appointment you are desired to inform this Com'"® of the same. I am Sec John Hopkins Esq Dep'y Coms Pri.s" [p. 84.] State of I In Com'"" of Safety New Hampshire \ Exeter Aug^' 18"* 1781 Sir, You will receive herewith a Warrant for apprehending Robert Young of Salem which you are requested to deliver or convey to the officer most likely to do the business effectually. Some names of Witnesses are inserted in the Summon Sc if it shall appear to you by examining the List LETTERS, ETC. 559 of evidences that any material ones are omitted you are desired to put in their names, provided the number added shall not exceed two or three. I am Sec John Calfe Esq"" State of ) In Com'"" of Safety New Hampshire ) Exeter August 18"* 1781 o'-~-'"-^o To the Sheriff of the County of Rocking- ( • ) ham his Under Sheriff or Deputy or either \ L. S. ^ of the Constables for the Town of Salem ( ) in said State — Greeting. Whereas information has been given to this Committee that Robert Young of Salem in the County aforesaid yeo man has been guilty of sundry Practices inimical to the United States ; Therefore You are hereby required in the Name of the Govern- [p. 85.] ment Sc People of said State forthwith to appre hend the body of the said Robert Young if he may be found in your Precinct, and bring him as soon as may be before the Committee of Safety for this State to be examined touching the matters alledged against him that he may be dealt with as to Justice shall appertain. Hereof fail not and make Return of this Warrant with your doings therein. M. Weare, Presid'. Summon for evidences Moody Morse Gentleman, William Duty Yeoman Stephen Currier Yeoman all of Salem, Thaddeus ' Butler of Pelham Physi cian, Evans Jones of Copy State of I In Com'"" of Safety New Hampshire ) Exeter Sept ii"* 1781 To Lieut CoP Daniel Runnels Sir, In Consequence of Orders received from His Excellency 560 COMMITTEE OF SAFETY. General Washington the Committee have given orders for two thirds of the Militia ordered to be raised by the Act of the Gen' Court of the 4'" of July, to be immediately marched [p. 86,] Sc to be at Springfield by the 25'" Instant — as you are to Command them should be glad to see you here on Thursday next if possible, M, Weare Pred' Copy State of I In Committee of Safety ? New Hampshire J Exeter ii"* Sept" 1781, To CoP Sir, Pursuant to Orders just received from His Excellency General Washington — You are hereby required to give Orders immediately for the marching of two thirds of the number of men apportioned to your Regiment by an Act of the General Court of the 4"* of July last under the Officer or Officers called for from your Regiment, They must be at Springfield by the 25"* Ins' where they will receive Or ders from the Officer appointed to Command the Regiment Bythe aforesaid Act the men were to receive Six pence per mile New Emission for travel money from their Homes to the place where they shall draw Continental Rations ; But the money is now in such a situation as will not answer the purpose & there is not any other in the Treasury — You are therefore desired to call on the several Towns to furnish the men with the necessary Supplies to carry them to Springfield where they will draw provisions and assure them, that they will be paid for the same by the State, You are required to Return to this Committee by the 25"* [p, 87,] Instant without fail the names of the Officers Sc Soldiers which may be raised from your Regiment with the times they Marched, M, Weare Presid' To Colonels Wentworth, Evans Sec as mentioned in the Act passed 4** July 1781 Copy. LETTERS, ETC. 561 State of I In Committee of Safety New Hampshire \ Exeter 13"' Sep" 1781. To Daniel Raynolds Esq. Lt CoP Comd' Sir — You are hereby directed to repair to Springfield by the 25'" of this Instant and there to receive Se send forward the Regiment (which you are appointed to command) raised to reinforce the Continental Army to the Command of Maj" Gen' Heath at Head Quarters on Hudsons river as soon as possible. M. Weare, Presd' State of ) In Com'"" of Safety Exeter New Hampshire ) Sept 14"" 1781. To John White Jun" of Haverhill. Sir — Whereas we are informed that you are appointed by CoP Joshua Wentworth to receive the Rum to be procured by the several Towns, Parishes Sc Places within this State agreeably to an Act of said State passed the 31^' day of August : And as we have other Rum on hand exclusive of the aforesaid Rum, You are therefore desired to receive [p. 88.] into your Care Sc Custody all the Rum which the Selectmen of Kingston shall deliver to you on behalf of the State of New Hampshire for which, after gauging Sc proving, you will please to receipt for the same to the se lectmen of said Town. M. Weare Pres. Copy State of ) In Com'"" of Safety New Hampshire \ Exeter Sept 26"" 1781. Sir — By a Letter from Gen' Heath of the 17"* Instant we are informed that the enemy have lately sent a Brigade of Troops from Quebec to St Johns and by their preparations he apprehends it is probable they intend coming to the Settlements on Connecticut river — That if our militia were 36 562 COMMITTEE OF SAFETY. not on the march towards Head quarters they might ren dezvous at Charlestown N" 4 — Therefore you are hereby required to march as soon as may be with the men under your Command to Charlestown in this State leaving some trusty Officer at Springfield to collect Sc march forward to Chariestown such men as may arrive, you march and if any men have set out before this reaches you for Camp would have them countermanded — You will call on the Issuing Commissary at Springfield to supply you with the necessary provisions to carry you to Charlestown. We shall endeavour to have necessary provision made against your arrival there and further orders for your pro- [p. 89,] ceedure — We shall likewise request of General Heath that your Regiment may not be called for to the Southward Se shall send forward the men that have not already marched to Charlestown as soon as may be, Josiah Bartlett Chair" Daniel Raynolds CoP Commandant. Copy. State of ) In Com*"" of Safety New Hampshire ) Exeter Sept 26"" 1781 Sir — You are hereby desired to proceed to Springfield with the dispatches for CoP Raynolds and deliver the same to him as soon as possible. As he is directed to proceed with the men under his command to Charlestown in this State as soon as may be — You are desired to give orders to all Offi cers Se Soldiers belonging to his Regiment which you may see on the Road to march by the nearest way to Charles town excepting who may be within about 30 miles of Springfield who may march to that place without loss of time — You will make returns of your doings to this Com mittee as soon as may be. Josiah Bartlett Chairm° Capt Daniel Gorden — Copy. letters, etc. 563 State of ^ I In Com*"" of Safety Exeter New Hampshire \ Sept" 27'^ 1781. Sir — In consequence of a Letter from Gen' Heath of the 17"* Instant informing that a Brigade of Troops have lately ar rived at St Johns from Quebec and that it is probable they intend coming to the Settlements on Connecticutt river [p. 90.] Our militia who were lately ordered to be sent to Springfield are now to rendezvous at Charlestown No 4 in this State if the men are not already marched from your Regiment you are directed to order them to march to Charlestown as soon as possible. Josiah Bartlett Chairm" To Colonels, Joshua Wentworth Stephen Evans Jonathan Moulton John Webster Jacob Gale Sc John Bell Esqrs — Copy. State of } In Committee of Safety Exeter, Sept" New Hampshire j 27"* 178 1. Sir — Inclosed is a Copy of a Letter from General Heath, in consequence of which, we have ordered the militia raised by this State commanded by CoP Raynolds to rendezvous at Charlestown as soon as possible. You will see by said letter, that the General thinks prop er, that the Issuing Commissary in this State should be ordered to serve them provisions : but the Committee, not knowing who is Issuing Commissary nor the situation of the Continental Stores at Charlestown are desirous if there is any person appointed, that you would inform him of the matter if not, that you would undertake the issuing said [p. 91.] provisions, in case you cannot, that you would appoint some proper person to do it — if there is no Conti nental Stores, you will please to call on Francis Blood Esq for supplies of Beef Sc Bread from time to time as you may stand in need of, as we have wrote to him to furnish you with supplies for that purpose — As you are Deputy Quarter 564 COMMITTEE OF SAFETY. Master we expect you will do all in you* power to furnish officers Se men with barracks, fuel Sc cooking utensils By Order of Com'"" Josiah Bartlet Chairm'" To Col Samuel Hunt P. S. As these men are raised at the Expense of the United States, you will receipt for any provisions Sec which you may receive from Esq Blood in the same manner you have done for the Beef Cattle, and Issue any salted Beef or any other provision or Stores, which you may have be longing to the United States, that may be necessary for them. If there is not any ammunition belonging to the United States which these men may obtain, you will see that they [p, 92,] are furnished from the Stores belonging to this State, Se call on any person or persons who may have charge of the same for that purpose. Please to write us as soon as possible. Copy. J. Bartlett Chairm" State of I In Com'"" of Safety New Hampshire \ Exeter Sept" 27"* 1781 Sir — In consequence of a letter from General Heath of the 17"* instant informing that a brigade of troops have lately ar rived at S' Johns from Quebec, and that it is probable they intend coming to the Settlements on Connecticut river — Our militia under the command of CoP Raynolds who were lately ordered to be sent to Springfield, are now to ren dezvous at Charlestown in this State. General Heath re quests that we would give orders to the Issuing Commis sary in this State to supply them with provisions but as we are at a loss to know, whether there is a Commissary there or not, we have requested of CoP Hunt, that in case there is none he would Issue provisions to them or appoint some suitable person for that purpose. You are therefore desired to deliver to CoP Hunt from time to time such quantities [p. 93.] of Beef Sc Bread as he may request for that purpose. LETTERS, ETC. 565 The beef you will receive from the several towns and must exchange such quantities of beef for bread as may be nec essary and at such rates as you may think reasonable. By order of the Committee. Josiah Bartlett Chairm" Francis Blood Esq. P. S. As we have no money to furnish bread with, you must make the exchange on the best terms you can. Copy. J. B. State of ) In Com'"" of Safety Exeter New Hampshire J 27* Sept" 1781. Sir — On your arrival at Charlestown you will call on the con tinental issuing Commissary there for supplies of provisions Sec agreeably to Gen' Heath's order, a Copy of which we have sent to CoP Hunt — if you are not supplied in that way, you will call on CoP Samuel Hunt for provisions, ammuni tion barracks Sec Sec to whom we have wrote on the subject [p. 94.] and doubt not he will supply you to the utmost of his power. The object of your going to Charlestown is to defend the frontiers from any inroads which the enemy may attempt to make from Canada, you will on any alarms, march to the defence of the frontiers and use your endeavour to repel the enemy — You will receive orders from any Continental Gen eral Officer that may be with you or have command of that department, or in case no continental General is there from any General Officer belonging to this State — And such other orders as may be given you from time to time by the General Court or Com'"" of Safety. You will as soon as may be, make return to General Heath of your name, rank and the number of militia with you. Josiah Bartlett Chairm'* Daniel Raynolds L' CoP Comd'. Copy. 566 COMMITTEE OF SAFETY. State of ) In Committee of Safety New Hampshire j Exeter Sept" 28'" 1781. Sir — Inclosed you have a copy of Major General Heath's letter in consequence of which we have ordered Lieut Colonel [p. 95.] Raynolds with the regiment under his command to march to Charlestown as soon as may be. We have re quested of CoP Hunt to supply them with provisions as Issuing Commissary in. case there is no Continental Issuing Commissary there Sc if there is not any continental store there, we have desired him to call on Esq Blood for beef Sz bread to whom we have wrote on the subject and directed him to receive such quantities of bread (in lieu of beef) from the towns as may be necessary for that purpose. As we have no money in the Treasury to purchase with, must rely on the towns supplying with the necessary quantities. We shall request of Maj" Gen' Heath that the men may remain in this State or parts adjacent that they may be ready to assist in case the enemy should attempt to make any inroads from Canada. We have directed CoP Raynolds, in case there is no continental General Officer in that department to command him to receive such orders as may be given him from time to time by any Gen' Officer belonging to this State. You will therefore give him such orders Se direc tions from time to time as you may judge necessary. Josiah Bartlett Chairm". Brigd" Gen' Bellows. Copy. [p. 96.] State of ) In Com'"" of Safety New Hampshire \ Exeter Sept" 28"* 1781. Sir — Inclosed you have a copy of Maj. Gen' Heath's letter in consequence of which, we sent an express to Springfield, and have ordered CoP Raynolds with the men under his command to march immediately to Charlestown. We have wrote to CoP Hunt to cah on Francis Blood Esq. for sup plies, and to see to the issuing the same to the troops. In case of an attack by the enemy it is likely that CoP LETTERS, ETC 567 Raynolds will be sent to your assistance : he is to be under the Command of Gen' Bellows, in case there is no continen tal Officer sent to take command. Should they be sent to your assistance, it is expected you will do all in your power to supply Esq. Blood with beef Sc bread, who will call on the towns for the same. The price of the bread supplied will be deducted from the beef called for by this State, as there is not money in the Treasury to purchase it. It is probable that CoP Hunt will see that some person is employed to issue provisions, if they should march up the river. We have inclosed some copies of a Resolve of Congress relative to the Vermont affair, which you may distribute as you [p. 97,] please. We have sent a large number of the copies to the several towns in Cheshire and Grafton. By order of the Committee J. Bartlet Chairm". Col Charles Johnston. Copy. State of New i In Committee of Safety Exeter Hampshire j Sept" 29'" 178 1. Sir — Your letter of the 17"" instant directed to the Presi dent of this State was received the 25"" instant. The Presi dent being absent, the Committee have taken the same under consideration. The accounts we have lately received from the western parts of this State serve to confirm us in the sentiments held forth in your letter, that the enemy will probably attempt to make inroads on the settlements at Connecticut river. Some part of our militia had marched previous to the re ceipt of your letter Sc had orders to rendezvous at Spring field ; But the great difficulties subsisting in the western part of this State, on account of the dispute of Vermont, in addition to the probabihty of the enemy's movements that way, induced the Committee to order that those men, who [p. 98.] had set out for Springfield should be immediately marched to Charlestown and that those who had not marched should be sent thither by the nearest rout. We are doubtful whether the continental stores there are suffi- 568 COMMITTEE OF SAFETY. cient for the men and have given orders for the supplying them from the provisions which we were to raise by orders. of Congress the present year. We have given orders to the Commandant of the Regi ment to report to you name rank and the number of militia with him, agreeably to your letter. The greater part of the towns in two Counties of this State (East of Connecticut river) deny the jurisdiction of the State, and have joined the State of Vermont (so called) and notwithstanding the late Resolutions of Congress still persist in joining Vermont. The difficulties are so many and great in those parts, that the Committee are of opinion that it is absolutely necessary the men should remain in that Quarter. If the men should be ordered to the Southward the march will be long, and the term of their enlistment being short will expire before they can do much Service — If you should be of opinion that they remain there and no Continental Officer should be in [p. 99.] that quarter to give them orders. Brigadier General BeUows (of this State's Militia, who lives at Walpole) will be near and will give the necessary orders in case of alarm Sec. I am with due respect Your most obedient Servant Josiah Bartlett, Chairm". Maj. Gen' William Heath. Copy. State of ) In Committee of Safety Exeter New Hampshire \ Oct" 6"* 178 1. Sir — Your letter of the 4'" Instant we received, are well pleased with your exertions in collecting beef. Have sent by the bearer three hundred pounds new Emission. Trust you will lay it out to the best advantage, you will receipt for the same to the bearer — Hope you will do you utmost to procure flour for the troops at the Westward. By order of the Com'"" Josiah Bartlett Chairm" Francis Blood Esq. Copy. LETTERS, ETC. 569 [p. loo.J State of ) New Hampshire ] In Com'"" of Safety Exeter Oct 6'" 1 78 1 Sir — Your letter of the 2^ Instant we have received Sc observed the Contents have given Orders to the Board of War to send a Waggon with 300"^ powder 600"' of Lead or Balls and a 1000 flints to Charlestown as soon as possible and to deliver said Articles to you for the use of CoP Runnels's Regiment which you will deliver them at such times and in such quantities as you may think proper — With respect to Barracks fuel Cooking utensils Sec if you cannot supply them in your official Capacity must request that you would do the same in the best way you can on account of the state for which you will be paid — Doubt not you will do every thing in your power for supplying provisions Sec. I am Your most Ob' Serv' Josiah Bartlett Chairm'* CoP Sam' Hunt. Copy. State of ) In Committee of Safety New Hampshire ] Exeter, Oct" 12'" 1781. Sir — The Regiment of militia raised by this State (on account for the United [States] at the request of his Excellency Gen eral Washington) and now at Charlestown under the command of L' CoP Raynolds were ordered to that place in conse quence of a Letter from General Heath of the 17"' ult" In [p. IOI.] which Letter the General requests that we would order the Issuing Commissary to see that they are served with provisions while detained in the State — Agreeably to which request (as we are informed that you are Issuing Commissary in that department) You are directed to fur nish them with the necessary supplies while detained in this State. M. Weare President. William Page Esq" Copy. 570 COMMITTEE OF SAFETY. State of I In Committee of Safety, New Hampshire j Exeter Oct" 12'" 178 1. Sir — As you have represented to this Com*"" that you cannot comply with their Orders of the 27'" ult" for exchanging Beef for Flour — This is therefore to authorize you to dis pose of as many of the Beef Cattle which you shall collect (to the best advantage) for hard money as shall enable you to purchase* a sufficiency of flour to supply the regiment commanded by Lt CoP Raynolds with bread while they continue on duty in this State. M. Weare Presd'. Francis Blood, Esq. Copy. State of ) In Committee of Safety New Hampshire \ Exeter Oct" 12"" 1781. Sir — You are hereby desired to receive from any Individual (in those Towns where the Beef Tax is not made) such quanti ty of beef or wheat or flour equal thereto as they may chuse to deliver you giving them a receipt in the form fol lowing — M. Weare, Presid'. State of New Hampshire S Received of w' of ) Beef or wheat or flour equal to so much Beef which shall be allowed as part of the proportion of the Town of to the Beef Tax which was made by an Act of the General Court of the 27"* of January last or the full value of said Beef paid to the said by this State. To Francis Blood Esq Copy. State of ) In Com'"" of New Hampshire ( Safety Exeter Oct" 13"' 1781. Sir, Your Letters to General Whipple have been laid before LETTERS, ETC 57^ the Committee — By the Vote of the General Court for rais ing a Company of men for the defence of the northern [p. 103.] Frontiers (a copy of which you have inclosed) you will see that the men were to be under your direction and to serve three months unless sooner discharged. By your letters we are informed that it is your opinion the men might be discharged before the time for which they were engaged expires. Therefore you are hereby im powered Sc desired to give Orders for discharging a part or the whole of said men at such time or times as you may think proper. M. Weare Presd' Col David Page 8c Joseph Whipple Esquire. Copy. [p. 104.] State of ) In Committee of Safety New Hampshire ) Exeter Oct" 25'" 1781. Sir — You are hereby permitted to give Nathaniel Fisher Sam uel Dennison and James Rouke said to be passengers on board, and Peter Dousett said to be late Master of the Shal- lop Betsey and brought into Portsmouth, the liberty of said Town until further Order taking their Paroles in customary form. Capt Moses Woodward Comssy Pris"'. [p. 105.] State of I In Committee of Safety New Hampshire \ Exeter Oct" 26*" 1781. Sir — By the inclosed Order you will see that you are to send forward to Boston the prisoners now under your [care] as soon as possible — With respect to money for the expence, there is not any Specie in the Treasury you must endeavour to defray the same with Bills of the new Emission — If you should send them on tomorrow and can furnish Bills of the new Emission for the purpose, the same will be repaid you on application to the Committee. Capt Moses' Woodward Comssy. Copy. 572 COMMITTEE OF SAFETY. State of ) In Committee of Safety New Hampshire \ Exeter Oct 26'" 1781. Sir — You are hereby directed to send forward to Boston as soon as may be all the Prisoners you may have in your Custody under a proper Guard (for which you will call on Capt Dearing) and deliver them to the Commissary of Prisoners there. The Orders of the 25'" Instant for paroling them notwithstanding. Capt Moses Woodward Comsy Pris" Copy. [p. 106.] State of I In Committee of Safety New Hampshire ) Exeter Nov" 2^ 1781 Sir — The Bearers Josiah Harris Esq Se Mr Thomas Holbrook are in pursuit of Sundry Horses which have been Stolen and have Warrants from this Committee for apprehending Robert Young, John Young and Abraham Reed, persons suspected of being guilty of sundry practices inimical to the States. You are desired to give your assistance in appre hending the said persons (if need be). I am. With esteem Your most obt Serv' M. Weare. Hon'''" Charles Johnston Esq. Copy. State of ) In Com'"" of Safety New Hampshire J Exeter Nov" 2^ 1781. L.S. To the Sheriff of the County of Rockingham, his under sheriff or Deputy or either of the Consta bles of Salem or Josiah Harris Esq — Greeting. LETTERS, ETC. 573 Whereas information has been given to this Committee (John Young)* that Robert Young of Salem in the County aforesaid yeo- (Abraham)* man has been guilty of sundry practices inimical to the United States. Therefore. You are hereby required in the Name of the Government Se People of said State forthwith (John Young) [p. 107.] to apprehend the body of the said Robert Young (Abraham Reed) if he may be found in your Precinct and bring him as soon as may be, before the Committee of this State to be exam ined touching the matters alledged against him, that he may be dealt with as to justice shall appertain, and all Persons are hereby requir'd to be aiding Se assisting in apprehending the said Robert Young. Hereof fail not and make return of this warrant with your doings. * Copy. M. Weare, Presid' Note. Copies of several original papers in this record are here trans ferred to that portion of the volume which relates to troubles in border towns. (See ante, pp. 444-454.) The following important letter from Hon, Matthew Thornton, relative to those troubles, should be read in connection with the said papers. — Ed. Letter from Hon. Matthew Thornton to President Weare. [Copied from Hist. Coll. by Farmer & Moore, Vol. H, pp. 178, 179.J ' Merrimack, 29"^ Dec. A. d. 1781. Honble & Dear Sir, The "Vermont affair grieves me more than our war with Great Britain. Heathens were shocked when brother killed brother in battle : how much more ought christians to shudder at the very thought of brother killing brother about a line of jurisdiction. For mercy's sake. Sir, if possible, prevent every hostile measure until the homble. Continental Congress explicitly fixes their bounds, and informs them what to depend upon, and New Hampshire how to conduct. Taking one man may begin a war, but when, or how it will end, the Great Ruler only knows. From the best information, a great majority on both sides of * John Young and Abraham Reed are interlined, and written with red ink. — Ed. 574 COMMITTEE OF SAFETY. the river will acquiesce in the determination of Congress : If so, and we wait, all will be peace. If they will not, and we wait, it will be the thirteen United States against the Vermonters. If we do not wait, it may be called a premature act of New Hampshire. I know it is said, take a few of the leaders, and the rest will submit. TheBritish minis try reasoned the same way about Americans. 'What will the rest be about while our men are taking and bringing away the few. Send an army before they are prepared many say. They are prepared to begin a war whenever we provoke them, and I presume it will be done yery soon. Give them time and they will join with the Britains, Canadians and Indians, are thought powerful reasons for expedition. I think for procrastination, because they have had time sufBcient time already, and if they intend to prosecute that scheme, it is not best to begin. If so, it ought to be the thirteen United States, and not one of the smallest, to engage them. The power of making war or peace is delegated to the honble. Continental Congress, and it would be impertinent to ask, if one has the power that every State has given up to Congress. Pray, Sir, excuse this trouble. It does not come to dictate, but to easemy mind, anxious for my country and the peace and happiness of mankind. I humbly submit the aforesaid thoughts and the enclosed* to your bet ter judgm^t : And have the honor to be Your most obedient and very humble servant Matthew Thornton. The Honble Meshech 'Weare, Pres. ofthe Council, State of N. H. [p. 128.] Hampton Falls Dec" 10'" 1781. Sir — I am honored with the Receipt of your Excellency's favor of the 15"* ult" respecting the deficiency of Representation in Congress. I am fully sensible of how great importance it is — that all the states should be fully represented at this * Elegiac lines to the tnemory of Col. Alexander Scammel — probably writ ten by Mr. Thornton. Ye weeping Muses, Graces, Virtues, tell How all-accomplished Col'nel Scammel fell ; You, nor afflicted heroes ne'er deplor'd A loss Uke that, these plaintive lines record. Such spotless honor, such ingenuous truth ; Such ripen'd wisdom in the bloom of youth ; So mild, so gentle, so compos'd a mind. To such heroic warmth and courage join'd His early youth was nurs'd in learning's arms. For nobler war, forsook her peaceful charms ; He was possess'd of every pleasing art. The secret joy of every honest heart; He was cut off in youthful glory's pride. Yet unrepining for his country died. LETTERS, ETC. 575 critical Time ; and it is not for want of attention to the im portance of the matters nor from any Delay in seasonably appointing another Delegate that we are not now fully rep resented in Congress. Many months past a Delegate was appointed and he accepted to proceed to Congress to join Mr. Livermore in the Representation of this State, But such is our unhappy Situation with respect to a Currency, that it has not been in our Power to furnish him with a suf ficiency of hard Money and none other will answer. Conti- [p. 1 29.] nental Bills had been the only medium circulating in this State. The People here had no opportunity to trade for any and indeed had no apprehension but that it would answer their purposes. But that being suddenly and unex pectedly rejected they were left destitute of any Medium and such is the scarcity of specie in these part that scarce any thing will produce it, that we have not been able to supply the Treasury with any specie to Answer any Demands, nor do I at present see any prospect that it can soon be done. It is the Disposition of the People of this State to exert themselves to the utmost as they have hitherto done in support of the common cause ; But our present situation with regard to a Medium is truly alarming. Our General Assembly are to Convene next week. I shall then lay your Letter before them and have no doubt but they will pay full attention to it and forward a Delegate as speedily as pos sible. I have the Honor to be Sec. M. Weare, P. His Excellency President Hanson Copy. [p. 136,] Exeter Jan, i8, 1782. Sir. You are hereby informed, that the Hon'"'" Charles John ston Esq. is appointed Judge of Probate Sec for the County [p. 137.] of Grafton. This is therefore to desire you to deliv er all the Records, Files Se public Papers belonging to said office into the Custody of the Hon'''" Charles Johnston Esq. M. Weare. Israel Morey Esq. Copy. 576 COMMITTEE OF SAFETY. State of I In Committee of Safety New Hampshire \ Exeter January 26"' 1782. Sir — The General Court having been informed of the distressed Situation of the Troops of the New Hamp" Line Stationed at Saratoga for want of Rum Sc other Articles necessary for them came to the following Resolution, Copy of which is inclosed. It is therefore requested by this Committee, if in your Power, that Noah Emery D. Q, M, may be ordered to convey to Albany such Quantities of said Rum as may be though necessary for the use of said Troops. M. Weare Presid' P. S. Please to send your answer as soon as may be. Col Jabez Hatch D. Q. M. Gen'. Copy. State of ) In Committee of Safety New Hampshire ) Exeter Jan. 26'\ 1782. Sir — You will receive herewith a letter directed to CoP Hatch, the purport of which is, that a Quantity of Rum may be sent to the New Hampshire Line. You will please to en- [p. 138,] quire whether our Troops are supply'd with Rum by Contract or any other way. If you can be assured they are supply'd it will supercede the necessity of any being sent — and you need not deliver the Letter and in that case you will desire CoP Hatch to receive the whole of what may be in M" Barretts hands belonging to this State Sc give a Receipt for the same as part of this State's quota of Rum raised for the use of the TJnited States the year past. If our Troops are not supplied. You will use your utmost en deavours, that part or the whole of what is in Mr Barretts hands belonging to this State may be immediately sent on, and in such manner, that the Troops of our Line may re ceive the same, as they have been destitute of that Article as well as many other necessaries for a long time. M. Weare, Presd' Noah Emery, D. Q. M. Copy. LETTERS, ETC. 577 State of ) In Committee of Safety New Hampshire \ Exeter Feby 2^ 1782. Sir — Whereas there is great reason to apprehend that the ene my have a design to destroy the ship now building at Ports- [p. 139.] mouth for the use of the United States — You are hereby required to keep a strong Guard at the Great Island and constantly in readiness with a good Boat to go on Board Sc examine all vessels Sc small Craft of every kind that may enter the Harbour Se you are to cause such exam ination to be made as shall be sufficiently satisfactory. Josiah Bartlett Chm. Capt. Titus Salter. Copy. Hampton Falls, Feb. 4"' 1782. Dear Sir — A Committee are now here from our Army in order to settle with the State for what may be due for Depreciation, and also for what may be due for back Rations or subsist ence Money. They think there has been some Resolutions of Congress recommending to the States to settle respect ing Rations or Subsistence Money as well as Wages Se at what Rate they are to be settled. We cannot find any Res olutions of Congress relative to this matter among those that have been transmitted to us ; for want of which the Committee cannot proceed in the Settlement. You are therefore desired to send me by the first Post after you re- [p. 140.] ceive this letter. Copies of such Resolutions or Recommendations as Congress may have pass'd relative to settling for back Rations or Subsistence money that may be due to Officers or Men. I have nothing particular respecting the affairs of Ver mont since my last, by what I have heard, they are some what more calm. We hear that Messrs. Allen Se Fay are gone to Congress from Verrhont. I cannot say what Plan they are now upon but I conjecture they would willingly Renounce all on the east side of Connecticut River if they could be admitted to be a separate State to the West. But whatever may be 37 578 COMMITTEE OF SAFETY. their schemes I think there cannot be the least danger that they will ever be allowed to hold any thing East of the River. I am impatient to hear how the Affair stands at Con gress, hope you will inform me by ever opportunity. I am Sec. M. Weare Hon. S. Livermore Esq. Copy. [p. 141.] State of I In Committee of Safety New Hampshire \ Exeter Feby 16"' 1782. Sir — This is to desire that you would make Inquiry what sup ply of Provisions particularly Wheat and Flour, can be ob tained in your Quarter for the Troops, which have been or dered to be raised for the support of the Civil Authority in the Western parts of this, in case it should be found neces sary to send them there — Have wrote to * Letters similar to this. You will please to inform the Committee respecting this Affair by lettter as soon as may be. M. Weare President * The persons wrote to were Col" Hunt, Capt Goldsmith, Mr Nath' Bingham Sc Capt Burt. Copy. State of ) Exeter Feby 23-1 1782 New Hampshire \ Sir — Agreeably to a Vote of the Gen' Court of this State, I am to give Information respect ing a sum of Continental Currency now remaining in our Treasury over Se above the proportion assigned to this State by a resolution of Congress of the 18"' of March [p. 142,] 1780; Also on the Subject of the proportion to 8,000,000 Dollars assigned to this State by a resolution of Novemb" 2^ 1782. In pursuance of a resolution of Congress of the 18'" letters, etc. 579 March 1 780 this State made provision (by their Act of the 29"' of April 1780) for caUing in the proportion of Conti nental Currency assigned them by said Resolution by which, a part of said Sum was collected, but it was general ly supposed that at the time which said Tax was granted there was not half the Sum which was called for then in possession of the Inhabitants of this State — By an Act of our General Court passed Jany 27"* 1781 for raising the sum of ;ij 1 20,000 in Bills of the new Emission for the sup port of the war Sc defraying the necessary Charges of this State Liberty was given to all persons to pay the whole of said Tax in new Bills or in Continental Currency at the rate of forty for one (which was then the Common Ex change Sc agreeable to the Resolutions of Congress) the Court being unanimously of opinion that the whole quan tity of Continental Currency then in this State would not [p. 143.] amount to near the proportion assigned them by the Resolution of Congress and not doubting the compli ance of the other States with the aforesaid Resolution, were not apprehensive of its being in the power of this State to Collect more than their proportion. The Tax of ,;^ 120,000 was payable at different Periods, the last of which, was affixed at the last of Nov" 1781 — While said Tax was collecting Continental Currency depre ciated rapidly in the States to the Southward and before the people here had knowledge of the same, large Quanti ties were pushed in from thence, and the General Court finding that the Tax which was principally designed to pay something to the support of the War and other Exigencies of the State would not answer the intended purpose did by a resolution prohibit the receiving any Continental Cur rency into our Treasury for said Tax after the 23'' day of July 1 78 1. As some States had not complied with the resolutions of Congress for calling in the Continental Currency and [p. 144.] as the value thereof, when compared with new Emission was much altered after the passing our Act in consequence of the rapid Depreciation of the former the money was pushed into the Treasury in large Sums, and the State found that by the said 23'^ day of July last, they had in their Treasury upwards of five Million Dollars Con tinental Currency over and above the proportion assigned 580 COMMITTEE OF SAFETY. them as aforesaid, and considerable sums still remain in the hands of Individuals by which means the principal Inten tion of the State in granting said tax of ;£ 120,000 was in a great measure defeated, many Debts which were deter mined to be discharged by said Tax, are now unpaid which occasions many complaints and those debts must be dis charged out of the Taxes for the present year and the State will be unable to pay any considerable Sum to the United States, unless some of those States, who have not called in their proportion should be directed to purchase the same from us or otherwise the Continental Currency be received [p. 145.] in part payment of our Taxes for the current year, — With respect to the proportion to 8,000,000 Dollars as signed this State by a Resolution of Congress of Nov" 2"* 1781, I must say that the same far exceeds any Ideas that we have ever had of our just proportion, that the Gen' Court are unanimously of Opinion, that the same is too high by a very considerable sum, that by our numbers which were taken in the year 1775 by the selectmen of the several Towns Sc Parishes Se Return made under Oath (Copy of which I sent you some time past) this proportion will ap pear much too large, I am sensible the resolutions of Con gress purport that these proportions are not to be final ; But that the same may be adjusted hereafter. This State is very unable at present to pay their just proportion. We have very little Trade, our Farms are many of them new, and produce very little and with respect to hard money we never had but a small Quantity within the State and having estimated paper money at a higher rate than some [p. 146.] of our sister States, the little hard money we had is drained from us. Add to this the great difficulties and em barrassments we are under on account of the disputes sub sisting in the Western parts of this State Sc our Inability to pay (even the just proportion of the State) will be easily perceived. The Subjects of this State (in General) seem willing to exert their utmost abilities in support of the common cause, but any addition to their proportion of Taxes will serve to discourage them unless they can be at the same time as sured of the justice thereof ; and Jealousies may arise, that their proportion of future taxes will be in some degree LETTERS, ETC. 58I estimated by their past exertions. You will lay this before Congress and endeavour to have the late proportions of Taxes altered and that the Old Currency may be received from us in discharge of a part of our just proportion. I am Sec. M. Weare. The Hon Sam' Livermore Esq. Copy. [p. 147.] State of ) In Committee of Safety New Hampshire ) Exeter March i*' 1782 Sir — This Committee having received Information that there is in Londonderry a certain Stranger who calls his name Moffatt, who by his Conduct is suspected of being an Emis sary from the enemy : You are desired to make enquiry into his conduct and if you find there is sufficient Ground of Suspicion, You are desired to inform the Com*"" of the ground of your suspicion that they may give you a formal Warrant for apprehending him, or if you have not time to apply for a Warrant you are hereby Authorised to appre hend him and bring before this Com'"" for examination. M. Weare. Mr Robert Smith Londonderry. Copy State of ) In Committee of Safety New Hampshire | Concord March 20'" 1782 Sir — You are hereby authorized Sc requested to Rent out for one year from the first day of this instant March, the Lands of Absentees Sec which you were authorized to rent out the last year. You will make the best Terms you can for the use of this State and make Returns of your Doings to the General Court or Committee of Safety as soon as may be. M. Weare Presid' Col Sam' Chase Esq. Litchfield. 582 COMMITTEE OF SAFETY. State of ) In Committee of Safety New Hampshire ) Concord March 26'" 1782 Gentlem'' — You are hereby authorized Se requested to rent out for one year from the expiration of the last Rent the lands which you were authorized to rent out the last year — You [p. 148.] will make the best terms you can for the use of this State and make return of Your Doings to the Gen' Court or Committee of Safety as soon as may be. M. Weare Presid' Hon Charles Johnston Esq Se James Woodward — Copy. State of ) In Com'"" of Safety Exeter New Hampshire j April 6"' 1782. Sir — You are hereby desired to call on the Selectmen of the Town of Charlestown and any Towns adjacent thereto for Bread and Beef sufficient to supply the Recruits which may be mustered at Charlestown agreeably to an Act of the General Court passed March 21^' 1782. You will please to deliver the same in such Quantities as may be called for [p. 149,] by Capt Ellis who is appointed Muster Master at Charlestown. You may assure the several Towns who may supply you with Beef and Bread that the same will be allowed out of the Taxes for the current year and on their producing your Receipts to the Gen' Court or Committee of Safety, they will receive an Order on the Treasurer for that purpose — Hope you will Undertake this business as we have no other mode of supplying the Recruits. M. Weare Presid'. CoP Samuel Hunt. Copy letters, etc. 583 State of I In Com'"" of Safety New Hampshire ) Exeter April 6"* 1782. To the Selectmen of Amherst — Gentle'^ — You are hereby desired to furnish Capt Isaac Frye who is appointed Muster Master for the Recruits to be mustered at Amherst with Bread Se Beef sufficient to supply said Re cruits from time to time as he shall call for and you will be allowed for the same out of your taxes for the current year on your producing from Capt Frye to the Gen' Court or Committee of Safety you will have an order on the Treas urer for that purpose. M. Weare Presid Copy [p. 150,] State of I In Committee of Safety Exeter New Hampshire ) April 4'" 1782, To the sheriff of the County of Rock- { L. S. ^ ingham. His under Sheriff or Deputy ( ) or either of the Constables of East Kings- ^^^^^ ston — Greeting — Whereas information hath been given to this Committee that CoP Jonathan Greely of East Kingston in the County aforesaid has been guilty of sundry Practices inimical to this Se the United States — Therefore — You are hereby required in the Name of the Government an People of said State to apprehend the body of the said Jonathan Greely if he may be found within your Precinct and Have him on Wednesday next at ten o'clock before this Committee to be examin'd touching the matters alledged against him that he may be dealt with as to justice shall appertain. And all Officers Civil and Military and other Subjects of this State are hereby required to be aiding and assisting you in the Premises. Hereof fail not and make return of this warrant and your 584 COMMITTEE OF SAFETY. doings thereon— Given under my Hand Se Seal on the day and date above mentioned — Josiah Bartlett, Chair. Copy [p. 151.] State of I In Committee of Safety New Hampshire \ Exeter April 5'" 1782. To You are hereby appointed Muster Master to muster at* all such able bodied Effective men as may be presented you by the several delinquent Towns and Places in said State, agreeably to an Act of the Gen' Court of the 21^' of March 1782, and to make return as therein directed. Copy. M. Weare, Presid'. * To Capt Jerem'' Fogg at Exeter Capt Isaac Frye at Amherst Capt Benjamin Ellis Charlestown State of 1 In Committee of Safety New Hampshire ) Exeter April 12"^, 1782. The Committee having taken into consideration a Com plaint exhibited against CoP Jonathan Greely for sundry Practices inimical to this, and the other United States, and he having been before the Committee, examination being made, and sundry evidences produced : after a full hearing and consideration of the same. It appears to the Committee, that said Greely has been guilty of sundry Practices, inimical to this Se the other United States. Thereupon Ordered, That he give Bond to the Treasurer of [p. 152.] this State and for the use thereof, with two suffi cient Sureties jointly and severally in the sum of one thou sand Pounds lawful money, conditioned, that he shall be of good Behaviour, and shall not Say, Act, or Do anything contrary to the Interest or Independence of this or any other of the United States, and shall retire to his farm in East Kingston and confine himself to the Limits of said farm and not depart off the same without special order or Licence of the General Court or Committee of Safety of said State for that purpose and shall, when called for appear letters, etc. 585 before the General Court or Committee of Safety or Supe rior Court of Judicature of this State to answer to such matters and things as may be laid to his Charge, and that he stand Committed untill said Bond is given. Copy. M. Weare, President. Know all men by these Presents, that We Jonathan Greely of Kingston Nathaniel Folsom and Samuel Folsom both of Exeter, all in the County of Rockingham and [p. 153,] State of New Hampshire Esqrs, are holden Sc stand bound unto Nicholas Gilman Esq Treasurer of said State in the sum of one thousand Pounds lawful Money to be paid to the said Nicholas Gilman his successor or suc cessors in the said office to the which payment, well and truly to be made. We bind ourselves our Heirs Executors 8c Administrators jointly Se severally, firmly by these pres ents sealed with our Seals dated the twelfth Day of April in the year of Our Lord one thousand seven hundred Se eighty two. The condition of this obligation is such that if the said Jonathan Greely shall be of the good Behaviour, and shall not Say, Act or Do anything Contrary to the In terest or Independence of this or any other of the United States and shall retire to his farm in East Kingston Se con fine himself to the limits of faid farm and not depart of the same more than is necessary to visit the several Parts thereof as it is several Pieces, nor go into any of the dwell ing Houses, as he goes back and forward to and from the several parts of said farm than his brother Andrew Gree- leys and his the said Jonathan, Son Jonathan's Houses [p, 154,] and not depart from said farm without special Order or Licence from the General Court or Committee of Safety and shall, when called for, appear before the Gen eral Court or Committee of Safety or Superior Court of Judicature of this State to answer to such matters and things as may be laid to his Charge, then this Obliga tion is to be void, otherwise to remain in full force for the use of said State. Signed, Sealed Se Delivered in presence of us — Jonathan Greeley [L S] James Carr Nath' Folsom [L S] Jere : Fogg Jun" Sam' Folsom [L S] Copy. 586 COMMITTEE OF SAFETY. State of I In Committee of Safety Exeter April New Hampshire ) 20'" 1782. Sir — You will issue provisions to the Recruits now raising in this State in such Quantities Sc at such times as may be requested by Capt P^ogg who is muster Masjer at this place he certifying that such person or persons are Recruits. You will not issue provisions on account of this State to any other persons without special Order therefor from the General Court or this Committee. Josiah Bartlett Chairm" Mr Isaac Williams Copy. [p. 155.] State of I In Com'"" of Safety New Hampshire J Exeter April 27"' 1782. Sir — As there are many difficulties and much uneasiness by Individuals not receiving their Wages on your Pay Roll — This is therefore to request you to come to Exeter on Thursday or Friday next and settle said Roll, bringing with you the Order for the payment of said Roll. Also an ac count of aU monies which you may have received towards the payment of said Roll with a hst of the names of the men you have paid and how much. If your Business will not permit your personal attendance, you are requested to sent to this Committee the aforesaid papers as soon as may be Josiah Bartlett Chair" Capt Eph"^ Stone. Copy. State of ) In Com'"" of Safety New Hampshire \ Exeter April 27"' 1782. Sir — You are hereby desired to call on Capt E. Giddinge, Col Gen B. Cattle for such quantities of Beef as you may be [p. 156.] requested by Capt Jeremiah Fogg to deliver to the letters, etc. 587 Recruits now raising in this state agreeably to your Instruc tions of the 20"* April 1782. Josiah Bartlett Chair Mr Isaac William Iss^ Comsy Copy State of ) In Committee of Safety New Hampshire \ Exeter April 27"* 1782. Sir — The Committee wrote Col Hunt on the six Instant rela tive to supplying the Recruits now raising. Copy of which letter you have inclosed. We have not received any answer from CoP Hunt, but hear he declines supplying them. This is to request that (in case he absolutely declines) you would endeavour to see them supplied agreeable to the directions given CoP Hunt and in which perhaps he will assist you as we have no other possible way of supplying them. Josiah Bartlett Chairm" Gen' Benjamin Bellows. Copy. [p. 157.] State of ) In Com'"" of Safety New Hampshire \ Exeter April 27"^ 1782. Sir — You have herewith an Order on the Board of War for a Bb' of Rum : On your receiving the same you are desired to Exchange the same for Bread (on the best Terms you can make) to supply the Recruits now raising and agreeable to instructions given you the 20'" Instant. Josiah Bartlett Chairm Mr. Isaac Williams. State of 1 In Committee of Safety New Hampshire \ Exeter May 4'" 1782. To Nicholas Gilman Esq. Treas". You are hereby desired to call on the several Persons 588 COMMITTEE OF SAFETY. who are indebted to this State for Excise on Spirituous Liquors previous to the present year, and request them to make speedy payment of the sums due from them respect ively with Interest for the same, and inform them that un less said sums are paid within forty days Extents will issue for the same or otherwise their Bonds put in suit. Copy. M. Weare, Presid' [p. 158.] Exeter, June 8"" 1782. Sir — I have just received a Letter from his Excellency Gen' Washington inclosing an extract of a Letter from CoP Tup per at Albany (Copy of which is inclosed) by which you will see that there is a probability of an attempt to destroy the Ship now building at Portsm". Therefore it will be neces sary to keep a Good Watch Se use every precaution to pre serve it from their attempts ; and detect any suspicious person or persons whomsoever. I am With respect Your Hum'^'" Serv' M. Weare. The Hon'''" John Langdon Esq. Copy. Concord June 14"^ 1782. Sir — By the inclosed Copy of a Resolve of the Gen' Assembly you will perceive that the Towns who are still deficient in procuring their Quota of men for the Conrinental Army have liberty of procuring them until the fifteenth day of [p. 159.] July next and it is hoped that a number of men will by that means be procured which makes it necessary that there should be persons appointed to muster such men as may be offered Se to receive and forward them to Camp — You are therefore desired by the Gen' Court to Conrinue- the persons already appointed as Muster Masters for Tfiat purpose until the s" 15*" day of July next ; Or if that cannot LETTERS, ETC. 589 conveniently be done, that you would appoint other proper Persons for that purpose at the several places heretofore appointed for Mustering. M. W. Presd' Col Henry Dearborn. Copy. State of ) In Committee of Safety New Hampshire | June 24'" 1782. Sir — You are hereby desired to Continue to muster all such able bodied effective men as may be offered to you by the several delinquent Towns Sc Places in said State agreeably to the inclosed Resolve — And in case you are ordered otherwise. You are desired to convey this with the inclosed Resolve to the Hon'''" Samuel Hunt Esq. who is hereby desired to muster all such men as may be presented to him on or before the fifteenth day of July next Sc to give certifi cates for the same. M. Weare, Pres. Capt Benj. Ellis or CoP Sam' Hunt Charlestown Copy [p. 1 60. J State of I In Com'"" of Safety Exeter New Hampshire \ July 6'" 1782 Sir — The Committee are informed by Mr Whipple of Dart mouth that he can supply with Provisions six or eight men and requests that such a number may be sent there as a scouting party for their Defence. You are therefore desired to send a noncommissioned Officer with several men from those raising for the Defence of the Western Frontiers to Dartmouth to be under the care of Joseph Whipple Esq. Yoii^are also desired to send to this Committee an_ account of the situation you are in with regard to Ammunition and 590 COMMITTEE OF SAFETY. whether in want of any for the men now raising for your defence. I am with Respect Y" Ob' Hum'*'" Serv' M. W. Col Charies Johnston Copy State of ) In Committee of Safety New Hampshire \ Exeter July 12"" 1782. To CoP Pursuant to a Vote of Council Se Assembly of the 14"' of June 1782 that the Company raised for the Defence of Pis cataqua Harbour be increased to Sixty men and as it is necessary s*! men should be engaged to serve until the last day of December next — [p. 161.] You are hereby Ordered Se Directed immediately to raise by enhstment draught or otherwise able bodied, effective men from your Regiment properly equipt with arms and send them to Portsmouth to be under the Com mand of Capt Titus Salter to serve until the last day of De cember next unless sooner discharged, said Soldiers to have the same Wages Sc Rations as Soldiers in the Continental Army. You are to make return of the men raised Sc sent from your Regiment to the Committee of Safety as soon as may be. Copy M. Weare, Presd'. State of I In Committee of Safety New Hampshire ) Exeter July 19'" 1782. Sir — To the Sheriff of You are hereby directed to continue until further Order to receive of the several Towns now delinquent in procur ing their Quota of Soldiers for the Continental Army such Certificates as they shall procure from the Muster Masters of the Recruits raising to fill up the Battalions of this State LETTERS, ETC. 591 allowing to each town sixty pounds for each Certificate of a Recruit by them procured Sc mustered and credit the Town for the same on the Extent against s'^ Towns. M. Weare Presd. To the several Sheriffs for the sev' Counties in s'* State. Copy. [p. 162.] State of I In Committee of Safety New Hampshire j Exeter July 20"" 1782. Sir — You are hereby authorized Sc desired to continue, until further order to muster all such able bodied effective men to fill up the Continental Army as may be offered to you by the several delinquent Towns Se Places in said State Se to give Certificates for the same M. Weare Presd' Capt Frye Se Capt Ellis Sc Capt Fogg. Copy. State of I In Committee of Safety New Hampshire \ Exeter July 20"" 1782. Sir — We are informed that you have continued to receive Beef Cattle since the expiration of the time fixed by the Gen' Assembly which was the fifteenth day of this Instant. This is therefore to inform you that no more of said Beef can be received towards the payment of the June Tax than was received before the said fifteenth day of this Instant July. M. W. Presd. Capt John Jennison Copy Coll" of Beef County of Cheshire. 592 COMMITTEE OF SAFETY. [p. 163.] State of 1 In Committee of Safety New Hampshire \ Exeter July 20'" 1782. Sir — You are hereby directed to proceed as soon as may be to the Contractors for supplying the Army to make a market for about one hundred thousand weight of Beef in the best manner you can for the benefit of this State to be delivered as soon as may be. M. W. To Mr Jedediah Jewett. State of I In Committee of Safety New Hampshire j Exeter July 30"* 1782. Sir — As we are informed by the Selectmen of Gilmantown than an execution is served on them for their Deficiency of men and that their Cattle Sc Horses are taken into Custody Se advertize for sale — That they have some prospect of pro curing said Men and as the men are principally wanted. It is tho't advisable that a further time should be allowed them to procure the same. It is therefore recommended by this Committee that the said Cattle and Horses be returned to the Selectmen taking their Security that said Cattle Sc Horses shall be returned to the officer again within thirty day from the date hereof unless the men or money shall be procured within the same space of time. M. Weare Pres. Ebenezer Sullivan Dept Sheriff County Strafford. Copy. [p. 164,] Exeter Aug^' 3^ 1782. Gentlemen — Your favor of the 30"* Ult" by M" Balch has been laid before the Committee of Safety. They are much alarmed 8c greatly concern'd at the situation of your affairs Se the Temper and Disposition, which by the most wicked arts is fomented Se kept up among the People in your quarter and LETTERS, ETC. 593 are fully convinc'd of the necessity of some proper meas ures being speedily taken to enforce the Laws of the State Se to convince the People how grossly they are im posed upon by crafty Se designing Enemies who compass Sea Sc Land to make Proselites & to bring all into confu sion. But to direct the particular measures that are to be taken to remedy these Evils the Committee think it is not so proper for them to prescribe, especially as the General Court is so nigh at hand. As to the Ques tion Whether Beef shall be received at three pence per pound for the payment of the first Tax, The Committee are also of Opinion, that it does not lay with them to deter mine nor can it make any great difference, to have it de- [p. 165.] termined before the Court meets as the Cattle will be gaining and the Court will doubtless do what shall appear to be most satisfactory & for the public Good — The Committee have no Authority to give any liberty for ex changing Cattle. I am sorry my letter of the 20"^ of July to M" Jennison has been so misunderstood as if it was designed to impeach him of Maleconduct in his office, the Committee had no such design. They were informed that sometime after the time limited by the Act for receiving Cattle for the June Tax was expired, he was still going on to receive Cattle for that Tax, which made the Committee apprehend that by some Accident he might not have received the Act or might be under some misapprehension about it, and there fore thought it necessary to inform him, that it could not be received to prevent his proceeding any further which might occasion Disputes. I have received a Letter from M" Jennison wherein, he [p. 166.] gives particular Information of what he had done in the matter by which it does not appear that he was re ceiving Cattle in the manner the Committee apprehended or in a manner any way amiss. I am Gen"" Your Hum Serv' M. Weare — Presid. To the Hon'''" Benjamin Bellows and Thomas Sparhawk Esq. Copy 38 594 committee of safety. Exeter August 3'^ 1782. Sir — I have received your favor of the 30"" Ult" by M" Balch, am obliged to you for the particular Information of your proceedings with respect to receiving beef Cattle for the June Tax. The Committee were informed that you were going on to receive Cattle for the June Tax for sometime after the ex piration of the time limited by the Act which made them apprehend that by some accident you might not have re ceived the Act, or were under some misapprehension about [p. 167.] it and therefore thought it necessary to give you the Information in my Letter. I am sorry it was so mis understood as if it was designed as a Charge of Malecon duct in you ; The Committee had no such design but as a caution to prevent any disputes that might arise if you should continue receiving Cattle for that Tax. I hope you will continue exerting yourself for the Good of the State as you have hitherto done and your Conduct appears satisfactory. I am Sir — Your Hum'^'" Serv' M. Weare, Presid. Capt John Jennison Copy Exeter August 3'' 1782. Sir — I received your Letter of the 31^' Ult" and laid the same before the Committee of Safety. The Committee of Safety are of opinion that as the mat- [p. 168,] ter is now before the Superior Court* and you are under a Recognizance to appear, they are not authorized to interfere in the matter ; But that your appearance will be necessary ; If you shall then desire to have the matter con tinued, to have an opportunity to apply to the General Court for an alteration of the Place of Trial or some other * See ante, p, 460. LETTERS, ETC. 595 mode of settling the affair it is probable it will not be denied. I am sir your Hum'''" Ser' M. Weare, Presid. Doct William Page Copy. State of ) In Committee of Safety New Hampshire j Exeter, Aug 17'" 1782. Sir — You are hereby desired to deliver to Mr Jedediah Jew ett or his Order all or so many of the beef Cattle as have been collected by you or your Deputies and at such time Sc place within your District as he shall request taking his receipt for the same. M. Weare, Presid. The Above was directed to Francis Blood Esq ) CoP J Badger Se [ Coll" Beef Cattle M" J Jennison ) Copy [p. 169,] State of ) In Cojnmittee of Safety New Hampshire J Exeter Aug 17'" 1782, Sir — You are hereby requested to send an account of the whole of the Beef that you collected for the State the last year : Also how the same was disposed off — together with the whole of the expences for driving Sec in order that a general account of the whole may be made out by the State, M. Weare, Presd. , To Francis Blood Esq. Copy. State of I In Committee of Safety New Hampshire j Exeter Aug"' 23'' 1782. Sir — Application being made to this Committee by M" Wood- 596 COMMITTEE OF SAFETY. bridge Dean in behalf of the Selectmen of Gilmantown rela tive to an extent served on them for their deficiency of men- That as they have procured some, and have a further pros pect of procuring more men and earnestly requesting a fur ther time to be allowed them — It is therefore recommended by this Committee that there be a Suspension of said Ex tent until the further Order of this Committee or of the Gen' Court taking Security of the Selectmen for the Return of the Goods when demanded. M. Weare, Pres* Ebenezer Sulhvan Dep. Sheriff County Strafford. Copy [p. 1 70. J State of ) In Committee of Safety New Hampshire ) Exeter Aug. 23*^ 1782. Sir — You are hereby appointed Sc desired to call on the several collectors of beef Cattle within said State for such a quan tity of Beef as will enable you to fulfill the contract made with Oliver Phelps Esq a,nd to forward said Cattle to Head Quarters agreeably to said Contract M. Weare, Presid' To M" Jedediah Jewett. Copy. State of I In Committee of Safety New Hampshire ) Exeter Aug' 29, 1782. Sir — The Committee having engaged to deliver to the Con tractors for the Army one hundred thousand weight of Beef Cattle and from former Information expected to have had the whole from the County of Cheshire but being now in formed by a Letter from M" Jennison Collector in the County of Cheshire that he has not on hand fit for the Army more than sixty thousand weight, You are therefore de sired to collect as soon as possible to the amount of forty or forty five thousand weight with what you have now on hand allowing it as part of the September Tax Sc giving Receipts LETTERS, ETC. 597 therefor accordingly and deliver the Cattle to M" Jewett who will call on you soon. M. Weare Presid'. Francis Blood Esq. [p. 171.] State of ) In Com'"" of Safety New Hampshire \ Concord Sept is"" 1782. Gentle" You are hereby desired to settle with Mr Dana for the Beef delivered by him to Capt Isaac Frye who was Muster Master at Amherst and bring in the Charge in your account against the State together with the Receipts by him taken of Capt Frye that the whole may be settled with the State. M. Weare, Presd. To the Selectmen of Amherst. State of I In Committee of Safety New Hampshire j Exeter Sept. 19"* 1782. Sir — Whereas application has been made to this committee by CoP Chase in behalf of the Town of Cornish relative to an Extent issued against them for their deficiencies of Men — and Whereas a Petition has been presented to the General Court relative to sundry difficulties in said Town, the Hear ing of which being postponed. It is therefore recommended by this Com'"" that there be a Suspension of said extent until after the next Session of the General Court in No vember next. M. Weare Presid. Enoch Hale Esq. Sheriff of the County Copy. of Cheshire 598 COMMITTEE OF SAFETY. [p. 172.J State of ) In Com*"" of Safety New Hampshire j Sept. 20*" 1782. Sir — It is the desire of this Com'"" that you would meet them at Exeter on Wednesday next at 3 o'clock in the afternoon that you together with your brethren administrators to the Estate of Richard Jenness Esq Deceased may then release Sc acquit to this State your Right Sc Title to the Excise on Spirituous Liquors in the Counties of Hillsboro Cheshire Se Grafton agreeable to a Vote of the Gen' Assembly for that purpose that the Com'"" may proceed to the sale of the Excise in said Counties without loss of time. M. Weare, Presd. To M" Richard Jenness. Copy State of I In Com'"" of Safety Exeter New Hampshire ( Sept 20'" 1782. Sir — There being great want of money in the Treasury to for ward a member to Congress Se for other uses — This Com'"" request that you would make immediate payment of the money due from you to this State, for the Excise on Spirit uous Liquors by you purchased. M. Weare, Presid' Benj'' Butler, Esq. Copy State of New ) In Committee of Safety Hampshire ) Exeter Sept. 20'" 1782 Sir — The State being in great want of money must request that you make payment of the sum due for the Rum by you pur chased. The Committee will be together on Thursday next would wish then to see you Se settle the acoount. M. Weare, Presd'. M" John White. Copy LETTERS, ETC. 599 [p. 173,] State of ) In Committee of Safety New Hampshire j Exeter Sept" 26"' 1782, Sir — Whereas Admiral Le M* de Vaudreuil has received ad vice by express from His Excellency General Washington, that a disposition for Embarking the Troops in New York has taken place and that it is publicly said in that City that their design is to attack the Ships of War now in the Har bours of Boston and Portsmouth — You are therefore required forthwith to call on CoP Joshua Wentworth Col" Stephen Evans, CoP Jonathan Moul ton CoP Nicholas Gilman and Col" Jacob Gale that they and each of them hold their Regiments in readiness to march at a minutes warning properly accoutred with arms, amunition Se four days Provision for the defence of Piscataqua Har bour and the Protection of the Ships of War of His Most Christian Majesty our Noble Se Generous Ally now in said Harbour. M. Weare, Presd. Maj. Gen' Nath' Folsom Esq. Copy State of I In Committee of Safety New Hampshire j Exeter Sept, 26'" 1782, Sir — The Committee are informed that you meet with difficulty in satisfying those people who have pastured Cattle for the State that you have been obhged to give your security therefor If you should proceed in the same manner you may depend on Certificates from the State for that purpose [p, 174,] which will be received by the Treas" in payment of the present year's Tax whenever you bring in an account of what is due to each Individual for pasturing that you may thereby redeem the securities by you given, M. Weare Presd'. Capt John Jennison. Copy. 600 COMMITTEE OF SAFETY. State of I In Committee of Safety New Hampshire J Exeter 27"" Sept. 1782. To the Trustees of Dartmouth College Gentlem" This Committee having read Se considered your memorial of the 20"' Sept 1782 presented by the Rev'' D" Whitaker are of Opinion, That the Matters Complained off are such as are proper to come before the Courts of Common Law, which are now opened in the County of Grafton and that this Com mittee have no power to interfere in such matters. Copy M. Weare, Presd'. State of I In Committee of Safety New Hampshire \ Oct" 4"" 1782. Sir — The great want of money at this time occasions the sending to you for the balance due for the Rum you pur chased. Should be very glad you would come Sc see the Committee tomorrow morning by 10 o'clock and bring the whole if possible, if not as great a part of it as you can, both money and bills are immediately wanted. The Committee have wrote you before but fear the Letter has miscarried. Hope you will not fail; M. Weare, Pres. M" John White Jun" of Haverhill. Copy [p. 175.] State of ) In Committee of Safety New Hampshire ( Exeter Oct" 5'" 1782, To all whom it may concern. Know ye that Capt John M"Gray from Yarmouth in Nova Scotia — Commander of the Shallop Betsey is hereby per mitted to remain unmolested in Piscataqua Harbour until he make Sale of the Fish Sec that he has brought with him and take the proceeds on Board and that he then have lib erty to return therewith to Yarmouth — And all Masters of letters, etc. 60 1 American Vessels are requested to let them pass unmo lested. M. Weare, Presd'. Copy. State of ' ) In Committee of Safety New Hampshire \ Exeter Octo" 25"' 1782. Sir — The time for raising and mustering Soldiers for the State being expired, your continuance in this State as Muster Master is no longer necessary. Josiah Bartlett Chairman. Capt Ebenezer Fry. Copy. State of ) In Committee of Safety New Hampshire ) Exeter Oct" 19"' 1782. Sir — The Bearer Edward Wade a Corporal in your Regiment having been furlow'd to restore his Health Sc his furlow being expired, has taken the Command of Sundry Soldiers to conduct them to Camp though his health is not [p. 176.] fully restored, therefore recommend that he be furlow'd for a further time if you think proper, John Edwards Sc Noah Allard Deserters, marches with Corporal Wade and promises to return to their duty without delay, if they should arrive with him, we recommend them to your mercy. M. Weare, Presd'. CoP George Reid. State of I In Committee of Safety New Hampshire ( Exeter Oct" 19'" 1782. Sir — You are hereby desired to deliver to M" Jedediah Jewett or his Order all or so many of the beef Cattle as have been collected by you or your Deputies, and at such time Sc place 6o2 committee of S'afety. within your District as he shall request taking his Receipt for the same. M. Weare, Presid. To Francis Blood Esq. Sc to Capt John Jennison Copy. State of ) In Committee of Safety New Hampshire \ Exeter Nov" 22* 1782. Sir — You are hereby appointed Muster Master to Muster at Exeter all the able bodied effective men as may be present ed to you by the several Towns and Places in said State agreeably to an Act of the General Court of the 21^' of March 1782 8c to make Returns as therein directed. M. Weare Presid'. Major Caleb Robinson Muster Master Copy [p. 1 77. J State of ) In Com'"" of Safety New Hampshire ) Exeter Nov" 22 1782 Sir — You will issue Provisions to the Recruits now raising in this State in such quantities and at such times as may be requested by Major Caleb Robinson who is appointed Mus ter Master at this place, he certifying that such person or persons are Recruits — ^you will not issue provisions on ac count of this State to any other persons without special Order therefor, from the General Court or this Com'"" Josiah Bartlett Chair M" Isaac Williams Copy. Issus Comisy. State of ) In Committee of Safety New Hampshire J Exeter Dec" 6"' 1782. Sir — You will issue Provisions from time to time as Maj" Ca- LETTERS, ETC 603 leb Robinson may request for soldiers who are or may be confined in Gaol who are taken up for deserters, also for such as have been prisoners with the enemy and are ex changed during their stay here in this Town. M. Weare President M" Isaac Williams Issuing Commissary Copy State of ) In Committee of Safety New Hampshire ) Decem" 5"^ 1782 You are hereby directed to take into your Custody Jesse Christy and him safely keep untill the further Order of the Gen' Court or Com'"" of Safety or untill he shall be dis charged by due course of Law, he being charged with going over Sc joining the enemy Se returning to this State without leave. Copy. M. Weare Pres. Simeon Ladd, Gao. Keene [p. 178.] State of 1 In Com'"" of Safety Decem" New Hampshire ] 7'" 1782. Sir — You are desired to collect what beef Cattle you or your Deputies have on hand belonging to this State Sc send them to Exeter as speedily as possible. M. Weare Pres. Francis Blood Esq Capt Jennison CoP Joseph Badger Copy State of ) In Com'"" of Safety Exeter Dec' New Hampshire \ 7"' 1782. Gentlemen — As you have had the Settiement of the Sub-Clothier Sc State Commissary Accounts in time past, it is the desire of this Committee that you would take under your considera tion the account of M" Jedediah Jewett Sc see whether the 604 COMMITTEE OF SAFETY. same is charged in the manner in which you have settled with the others Se agreeable to the Votes of the General Assembly for that purpose Sc report your opinion to this Com'"" M. Weare Pres. To the Board of War Copy State of ) In Com'"" of Safety Exeter New Hampshire ) Dec" 13, 1782 To Simeon Ladd Prison Keeper at Exeter — You are hereby permitted to grant the liberty of the prison yard to Jesse Christey Jun" he giving bond with sufficient Sureties in the sum of five hundred pounds pay able to the Sheriff of the County that he will remain a true prisoner until discharged by lawful authority. M. Weare Pres. [p. 179.] State of ) In Committee of Safety New Hampshire ) Exeter Dec" 13, 1782. Sir — You are hereby authorized and earnestly requested to muster at Charlestown all such able bodied effective men as may [be] presented.to you by the several Towns Sc Places in said State agreeably to an Act of the General Court of the 21^' of March 1782. And a Resolve of said Court herewith inclosed. And you are desired to deliver such Recruits as you may muster to some Continental Officer taking his Receipt for said Recruits. You are also requested to supply said Recruits with pro vision from time to time as they shall need which provision you are authorized to call on the select men of the Town of Charlestown or any adjacent Towns who shall be paid for the same by a deduction from the Tax for the present year. M. Weare Pres. CoP Baldwin CoP Hunt. Copy. LETTERS, ETC. 605 Note. The Papers which follow, from January 3, 1783, to May 16, 1784, are found in the same MS. volume as the preceding papers, but in \he first nineteen pages of the volume. — Ed. [p. I.] State of New ) In Committee of Safety, Exeter, Hampshire \ January 3*^, 1783. To Capt" Titus Salter, Commandant at fort Washington. Sir — You are hereby directed to continue your command at fort Washington with Lt. Bell. You are also directed to engage (for one year from the last day of December past unless sooner discharged) one Serjeant, Two Corporals and seventeen Privates who are to have the same pay and rations as those under your command the year past. A Copy. M. Weare, Presid'. State of New ) In Committee of Safety Exeter, January Hampshire j 11"^, 1783. To Nicholas Gilman Esq : Rec" Gen'. Whereas it appears in settling the Accounts of Mr. Jedediah Jewett for purchasing Horses for the use of this State in the year 1780, That for two of the Certificates by him given, no Notes have been issued, (viz.) to Joseph Doe for the sum of Seven Hundred and fifty pounds, to John Parrott the sum of Nine Hundred Pounds Continental Cur rency, Therefore You are hereby directed to receive the said Certificates and consolidate the same in like manner as tho' the Notes had been issued agreeable to said Certificates. Copy. Josiah Bartlett, Chair" 6o6 COMMITTEE OF SAFETY. [p. 2.] State of I In Committee of Safety Exeter New Hampshire \ January 24"^ 1783. Sir — Yours of the 21^' Instant has been received by the Com mittee relative to the Continental Tax. A messenger was sent to Boston for the 8000 Dollars im mediately after you was with the Committee but did not find the person expected, nor any pay for the Beef pur chased from this State, and after tarrying some time wrote to the purchaser, but have not yet received any answer. As to any money in the Treasury or in the hands of the Committee there is none — shall endeavor to recover that from Boston as soon as possible and convey it to you. M. Weare, Presid'. Joseph Whipple, Esq. Copy. Exeter, March 6'^ 1783. Sir — On Saturday last just as our General Court were about adjourning I was honored with the receipt of your favour of the 14"' Ult" inclosing a Resolve of your Gen' Court of the 13'^ relative to appointing Delegates to meet at Hartford for the purposes mentioned in said Resolve. I immediately laid the same before the General Assembly who appointed a Committee to take the Same into Consid eration Sc report thereon. Copy of this report and proceed- [p. 3,] ings of the Court thereon,* I have the honor to inclose to your Excellency. I have the honor to be with Sentiments of Esteem Sc Respect Your obed' Se Hum''' Serv'. M. Weare, President. His Excellency John Hancock, Esq Copy. * See State Papers N. H., Vol. VIII, p. 971.— Ed. letters, etc. 607 Exeter, March 6"^, 1783. Sir — By desire of the General Court, I inclose you a copy of a Resolve passed at their last session, by which you will see that you are not to proceed any further in the sale of the Lands of Hon, John Tufton Mason, Esq", and it is the Ex pectation of the Court, that you lay before them, at their next session (which is to be at Concord on the second Tues day of June next) an account of the Lands you have sold of said Masons, by virtue of the Act authorizing you to make Sale of some of said lands not exceeding a certain sum,* and how the money arising from the sale has been disposed of, which I doubt not you will readily comply -with. I am, Sir, your Obed' Sc Hum''' Serv' M. Weare, Presid' Hon. Jonathan Warner, Esq. Copy Exeter, March 7"^, 1783. Sir — When I had the honor to receive your favor of the iS"" of December in which you nominate Stephen Gorham Esq : for Commissioner to settle the accounts between this and the United States, Sec. Our General Assembly v^as [p. 4.] under an adjournment to the middle of February ; as soon as they were convened I laid your Letter before them and they have approved of the Appointment as the inclosed Copy will shew. I am Sir, with great Respect, Your Obedient Sc Hum''' Servt • M. Weare President Hon'''" Robert Morris Esq : Copy. State of New | In Committee of Safety Exeter March Hampshire j 13, 1783 Sir, You are hereby authorized Se requested to rent out * See State Papers N. H., Vol. VIII, p. 967.-— Ed. 6o8 COMMITTEE OF SAFETY. for one year from the first day of this instant March, the lands of Absentees Se Subjects of Great Britain which you were authorized to rent out the last year — You will make the best terms you can for the use of this State and rnake Return of your Doings to the General Court or Committee of Safety as soon as may be. Josiah Bartlett Chair. Col" Samuel Chase, Litchfield. Copy. State of New j j^ ^^^^.^ ^^ g^^ j.^^^^^ ^^^^^ ^i^' 1783. Hampshire j ¦' Dear Sir — Your favor of the 18"^ Inst. I have just now received by your Son. Am sorry that it is not in the power of the Committee to afford you any assistance towards your obtaining the money you are at this time in so much need of — There is not any money in the Treasury, neither is there any that is in the power of the Committee to procure on any account, so that it is wholly out of our power to do any thing to help you in the affair, such is the situation of our finances which gives us great uneasiness but it is [p. 5.] not in the power of the Committee to remedy. I am, with great respect, your Ob' Sc Hum'''" Serv' M Weare Presid' Gen' John Stark Copy Dshire 1 ^^ Com'"" of Safety Exeter April 4, 1783. State of New Ham Sir, As CoP Reid is a Continental Officer of this State and much due to him from the State, We think it advisable, that you should receive the public Securities of this State for the purchase of Lands belonging to absentees, which he the said Col. Geo. Reid has made. M Weare Presid' M" Robert Smith Copy letters, etc. 609 Exeter in the State of New Hampshire April 10, 1783 Sir, I have the honor to inform your Excellency that the Hon'''" Nicholas Gilman Esq" who was appointed by the Hon'''" Congress Loan Officer for fliis State departed this life on the 7"" ins', as business is almost daily necessary to be transacted in that Office, I thought it my duty to give Congress the earliest information of this Event. I have the honor to be with the greatest Respect Your Excellency's Most Obd' Sc Hum'''" Serv' M Weare Presid*. His Excellency President Boudinot Copy [p. 6.] State of New Hampshire, In Committee of Safety, Exeter, April 25"^, 1783. Whereas Jesse Christey was committed to Gaol on the 5"^ day of December one thousand seven hundred and eighty- two, he being charged with going over to the Enemy, and returning to this State without permission, and on the 4"^ of January 1783 had the liberty of the Town of Exeter granted to him upon his finding sufficient bondsmen : — And Whereas a Cessation of Hostilities between the United States and Great Britain has taken place ; — This may certify that the said Jesse Christey is hereby liberated and discharged from his Bonds and hath liberty to depart, he paying the Gaolkeeper his lawful fees and charges. M. Weare, Presid' Copy. 39 6 10 COMMITTEE OF SAFETY. State of New Hampshire, In Committee of Safety, May i6, 1783. To Capt. Titus Salter Sir — You are hereby directed to make Sale of the Bridge built by this State from the shore to Janvrin's Island at Portsmouth with all the materials thereto belonging. You are desired to sell the same at public Vendue giving timely notice of the Sale and that State Securities will be taken in payment thereof. Copy. M. Weare, Presid'. [p. 7.J State of New Hampshire Exeter May 23'' 1783. In Committee of Safety Sir — You are allowed to enter British Vessels untill you receive other Orders, as the reasons for excluding them have ceased. M. Weare, Presd'. Eleazer Russell, Esq"- Copy. State of New ) Exeter, June 6"', 1783. Hampshire \ Sir — In answer to your several Queries respecting a settlement with the Army would inform you, that the State of New Hampshire in Settling with their Troops, supposed the Paymaster paid them their wages in Continental money to Jany i«' 1780, and that it amounted in the year 1777 to one half, in 1778 to one sixth, and in 1779, to one twentieth of the sum promised, and accord ingly made up Depreciation to the three Battalions of the New Hampshire [troops] those in Maj" Whitcomb's Corps, and in Col" Jackson's Regiment who were returned from the Board of War at Philadelphia as part of this State's Quota. letters, etc. 6ll In settling Depreciation for the years 1780 Se 1781 agree ably to the inclosed Act, the Pay Masters Accounts have been reduced by the State Scale inclosed and deducted accordingly. The State has paid to Brig* Gen' James Reed the Bal ance for Wages Sc Depreciation to Decem''" the thirtieth [p. 8.] 1780 inclusive, and for 9372 detained Rations at 8d each agreeably to a Resolve of Congress of the 14'" Dec" 1781. The State has also paid to Brig'' Gen' John Stark, Depre ciation for the years 1778, 1779 and 1780: likewise six months Wages amounting to ,;C225, and Seventy two pounds sixteen shillings for six months subsistence agreea bly to a Recommendation of Congress of the 28"* Sept" 1781. There has been paid the Rev* Israel Evans and others as p" inclosed accounts. Inclosed you have an account of monies advanced by the State towards wages for the year 1782. The inclosed Act for settling depreciation for the years 1 780 and 1 78 1 was passed in consequence of General Recom mendations of Congress for the Several States settling with their respective lines and before the Resolutions of Con gress for the payment of the Army after August 1780. An Answer would have been sent before had notice been timely given, but the first information was by his Excel lency Gen' Washingtons Letter of the H*" of April, which was received about the middle of May,-— on receipt of which the accounts were ordered to be prepared as soon as possible. Mr Morris's Letter dated 20"' of March 1783 was not received untill the 25'" of May 1783. The short time since the receiving of the Letters relative [p. 9.] to the forwarding of the accounts renders it imprac ticable, with respect to the Cloathing, to be sent by Lieut. Harvey, but shall be sent forward as soon as possible. I am, Sec. M. Weare, Presid*. Mr. John Pierce, Paymaster Gen'. Copy. 6l2 COMMITTEE OF SAFETY. State of New 1 In Committee of Safety, Exeter, July i r"", Hampshire j 1783. Gentlemen — You are hereby requested to proceed as soon as may be in carrying into Execution the Votes of the General Assem bly respecting moving and making sale of Barracks, Plat forms Sec. at the Forts Washington, Sullivan Sc Jerrys Point agreeably to your appointment. You are desired to remove one of the Barracks from Jerrys Point with such part of the platforms as may be thought necessary to fort Point : Also, the Magazine and flag-Staff from fort Washington and place the same in proper order at said fort point, the remainder of the Bar racks Se Platforms you will dispose of agreeable to the vote of the General Assembly of the 20"" of June 1783. The Ordnance Sc public Stores Sec. you will immediately take under your care, that Capt. Salter may be discharged agreeable to said Vote. — thirteen of the smaller Cannon are to be removed to fort point, the remainder of the Guns, [p. 10.] with the warlike stores to be carefully secured agreeable to the vote of the 1 8 June last. M. Weare Presid'. Geo. Gains, Esq" Se M" Nath' Folsom \ Copy. State of New ) In Committee of Safety, Exeter, July 1 1'^' Hampshire j 1783. To Lieut Meshech Bell— Sir. — You are hereby directed to enlist five able bodied effective men to serve under your command at fort point, untill the first day of July next unless sooner discharged who are to have the same wages Se Rations as has been allowed to the troops raised for the defence of Piscataqua Harbour in the year past, and you are to obey such orders as you may from time to time receive from the General As sembly or Committee of Safety for this State, or from the Naval officer agreeable to the Laws of the State. Copy. M. Weare, Presid*. LETTERS, ETC. 613 State of New ) In Committee of Safety, Exeter, July 25"^ Hampshire ] 1783. To Benjamin Cram, Daniel Kelley, Nicholas Mudget Se Samuel Thing Jun", Jonathan Quimby, Oliver Thurston, Stephen Leavitt Se Gilman Leavitt : Whereas a quantity of the Powder belonging to this State [p. II.] which was deposited in Brintwood is missing and Information has been given to this Committee that you and Others were concerned in the removal or destruction of the same ; — These are to desire that you would appear before this Committee on Friday the eighth day of August next in order to settle and accommodate the matter, which will pre vent a prosecution by the Attorney General Copy. M. Weare, President. State of New ) In Committee of Safety, Exeter, July 26"*, Hampshire j 1783. Sir — Repeated calls from Congress for a representation from this State induces the Committee to request that you would again take the matter under consideration, and if pos sible to go, if but for a short time, as this State must be un represented untill after the next meeting of the General Assembly, unless you consent to go. General Whipple will give you further information of the matter. M. Weare, Presid* The Hon"'" John Langdon, Esq. State of New Un Com*"" of Safety, Exeter, July 31^ Hampshire \ 1783- Whereas the Town of Pembroke were called upon for six men as their deficiency to fill up the Continental Battalions, and that they have made it appear to this Committee, that [p. 12.] they had procured five of said men : This is therefore to certify that the Town of Pembroke is hereby discharged from the Extents issued against them 6i4 committee of safety. for the deficiency of said five men upon their paying for the deficiency of one man Sc all necessary charges. Copy. Nath' Folsom, Chairm" State of New ) In Committee of Safety, Exeter August 9"' Hampshire j 1783. Gentlemen — You are hereby requested to inspect the salt beef belonging to this State and now in the Custody of M" Bickford Issuing Comsy, and if upon examination, it shall appear of any value, you are desired to sell it at public vendue, if not of any value upon your certifying the same to M" Bickford he will see that it be removed as soon as may be. Josiah Bartlett, Chair". Maj" George Gains Se M" Nath' Folsom. Copy. State of New ) In Committee of Safety, Exeter, Aug. 16, Hampshire ) 1783. Sir— We are informed that there are a number of Extents for the deficiencies of soldiers, which were sent to the County of Cheshire, which have not been returned into the Treas urer's office agreeably to an Order of Court. This is therefore to desire you, that said Extents may be returned into the Treasurer's office as soon as may be as there is a necessity that the Treasurer should be informed that he may govern himself accordingly. M. Weare, President. Enoch Hale late Sheriff for the County of Cheshire. Copy. LETTERS, ETC. 615 [p. 13.] State of New ) In Committee of Safety, Exeter, Au- Hampshire ) gust 29"', 1783. To whom it may concern : Whereas Dorothy Nelson of Portsmouth in the County of Rockingham and State aforesaid. Widow, hath petitioned this Committee for leave that her only son Daniel Nelson, who went from Portsmouth to Great Britain more than nine years ago, being at that time not fourteen years of age might be permitted to return to this State : Permission is therefore hereby granted to the said Daniel Nelson to return to this State to visit his Relations and to pass Se repass without molestation for that purpose untill further order. Copy. M. Weare, Presid*. State of New ) In Committee of Safety, Exeter, Aug=' 29, Hampshire j 1783. To whom it may concern : — Whereas Abigail Robertson wife of Rob' Robertson now at New York bound to Nova Scotia is desirous to visit her relations at Portsmouth when on her way to said Nova Scotia : — She is hereby permitted to tarry at Portsm" for the space of three months and no longer without further liberty from the Gen' Court or from the Committee of Safety. Copy. M. Weare, Presid*. State of New ) In Committee of Safety, Exeter, Oct" 1 1'^ Hampshire j 1783. To- Solomon Wheeler, Deputy Sheriff: — Whereas the Town of Salem did not make a Return of two men who were mustered for said Town, and that there fore an Extent was issued against them for their deficiency [p. 14.] of men by the Treasurer, but now have made it appear to this Committee they were mustered in season — 6l6 COMMITTEE OF SAFETY. You are therefore directed to return said Extent into the Treasurer's office, said Town satisfying you for your trouble. Copy. M. Weare, President State of New Hampshire : In Committee of Safety, Exeter, Nov". 21, 1783. Pursuant to an order of the General Court, the Excise on Spirituous Liquors will be farmed at Public Vendue for the term of one year from the first day of October last by Committees appointed for that purpose, and at the times and places hereafter mentioned, viz. For the County of Strafford, at the House of Mr. Shan non, inholder in Dover, on Thursday, the first day of Jan uary next, at 2 o'clock in the afternoon. For the County of Hillsborough at the House of Mr. Jonathan Smith, Inholder in Amherst on Thursday the eighth day of January next at 2 o'clock in the afternoon. For the County of Cheshire at the House of Mr. Aaron Eames, Inholder in Keene on Thursday the 15"^ day of Jan uary next, at 2 o'clock in the afternoon. For the County of Grafton, at the House of Capt. Aaron Fisk, Inholder in Haverhill on Thursday the 22'' day of Jan uary next at 2 oclock in the afternoon. For the County of Rockingham at the House of CoP Sam' Folsom, at Exeter, on Thursday the 29"^ day of Janu ary next at 2 o'clock in the afternoon. Articles of sale may be seen at the times and places above mentioned. By order of the Com'"" M. Weare, Presid*. Copy. [p. 15.] State of New Hamp" January — 1784. Conditions of Sale at a Public Vendue for farming the Excise on spirituous Liquors in the County of in s** LETTERS, ETC. 617 State, for one year commencing on the first day of Oct" 1783. agreeably to an Act of said State. I. That the Excise on spirituous Liquors in said County be struck off to the highest Bidder at the Vendue. ^&* 2. That one moiety of the Sum for which s'^ Excise shall be struck off, shall be paid in specie on or before the first day of June next, and the remainder on or before the first day of December next. 3. That the person to whom said Excise shall be struck off, shall forthwith procure two sufficient Sureties belonging to this State to be bound with him in a Bond to the Treas urer of said State for the payment of said Excise in double the sum the Excise shall be struck off for. 4. That no person shall be allowed to bid less than six shillings at every bid. 5. That if any person to whom said Excise shall be struck off shall not comply with the terms herein prescribed, that he forfeit and pay to the Vendue Master for the use of said State the sum of six pounds in specie and the Excise shall be set up for Sale again. 6. That when any dispute shall arise respecting any bid, the same shall be determined and adjusted by the majority of the Bidders present. Committee for the Sale of s'' Excise. CoP Dame Se John Wentworth, Esq" or either of them for the County of Strafford. Gen' Nichols Sc Capt. Josiah Crosbie or either of them for Hillsboro'. Mr. Daniel Kingsbury Se Capt. Josiah Richardson or either of them for Cheshire. CoP Cha^ Johnson Sc Moses Dow Esq" or either of them for Grafton. Gen' Folsom 8c Noah Emery jun" or either of them for Rockingham. 6l8 COMMITTEE OF SAFETY. [p. i6.] State of New Hampshire In Committee of Safety, Exeter, Nov" 21^* 1783. To Whereas by a vote of the Gen' Court of the eighth In stant, The Committee of Safety by themselves or others by them appointed were to make sale of the Excise in the sev eral Counties within this State : — You or either of you are hereby appointed a Committee to farm at Public Vendue the Excise on Spirituous Liquors in the County of for one year from the first day of October last. The Vendue to be held at the House of Inholder in on the day of January next at 2 o'clock p. M, at which time and place you will please to at tend. Conditions of Sale are enclosed which you will please to see are complied with. M. Weare, Presid* Concord Dec" 25"" 1783. To the Naval Officer, [p. 1 7,] Sir — You will herewith receive enclosed a Copy of a vote of Court appointing you Receiver of powder money for this State and it is expected that you will carefully exact the same from every foreign Ship or Vessel above thirty Tons agreeably to an Act of said State, Copy, M. Weare, Presid', [p. 16.] Concord Jany ^^ 1784 Sir, I am desired by the General Assembly of this State to acquaint you of the necessity there is that the Accounts re specting the raising Sec of the second Regiment raised by you should be immediately settled and to desire you to send or bring s* Accompts with the proper Vouchers to the Com'"" of Safety at Exeter as soon as may be, that the same may be settled as there is now a Gentleman at Exeter appointed to settie Accounts between the United States and this State who calls for the Accompts and should we not be able to exhibit them properly settied 8c vouch'd this State might loose large Sums which should properly be charged to the United States. LETTERS, ETC 619 I cannot therefore doubt but you will" bring or forward [p. 17.] your Accompts with the State to the Committee of Safety as speedily as possible with the necessary vouchers that the same may be fully settied, I am Sec Copy. Concord, Jany 3'', 1784. Sir — I am desired by the General Assembly to acquaint you of the necessity there is that the Accompts respecting the raising the 2^ Regiment rais'd by CoP Bedel should be im mediately settled as there is a Gentleman now at Exeter appointed to settle acc*^ between the United States and this State who calls for the acc'^, and should we not be able to produce them properly settled and vouched it might be a great loss to the State. I am therefore to request you to bring forward to the Com*"" of Safety at as speedily as may be the acc'^ as far as you may have been concerned respect ing raising Sec. of s'' Reg' together with the proper Vouchers that so the whole ace' may be fully settled and I cannot doubt but you will readily comply with this request. Copy. I am Sec. [p. 18.] State of New Hampshire In Com'"" of Safety, Exeter Jany 23'^, 1784. Sir — You are hereby requested to examine the Records or files of the Superior Court and as soon as may be inform this Com mittee respecting the Judgments recovered against Gove Sc Jn" Holland in the County of Hillsborough, Richardson in the County of Strafford Se Doctor Wood in the County of Rock ingham, or any other persons in either County who have been convicted of counterfeiting or passing counterfeit money and also of such recognizances as have been estreated, and in whose hands the money now is that has been paid as far as you have any knowledge of the matter. Josiah Bartlett, Chairm Nath' Adams, Esq. Copy. 620 COMMITTEE OF SAFETY. State of New ) Exeter March 25*"^ 1784. Hampshire j In Committee of Safety. Gentlemen — We have this moment received your Letter of the 24'" Instant. We agree in Sentiment with the respectable Gen tlemen who signed it. That it is absolutely necessary in order to a free Trade that the advantages should be re ciprocal, and that no Vessel belonging to any foreign Power whose Ports are shut against us, and shall not fail to lay the matter before the General Court as soon as they meet, and shall urge it as a matter of the first importance. We approve of your advice given to Capt Manning, but do not look on ourselves as a Committee of Safety author ized to determine absolutely on the subject. Josiah Bartlett, Chairm" To John Langdon, Esq". Se others. Copy. [p. 19.] Exeter, May 14*", 1784. Sir — Your favor of the 1 1"^ Inst, has been received and in answer to your request am sorry to inform that there is no money in the Treasury nor is it very probable there will very soon be a sum sufficient to satisfy your Demand That there are large Sums due for outstanding Taxes, — that many Collectors are taking every advantage of the hard money which they collect is but too true, and very sensibly felt by many Individuals who have Demands on the Treas ury of this State ; But how to remedy this evil is difficult. Copy. I am. Sec M. W. [To Gen. John Sullivan.] CENSUS OF 1773, AND CENSUS OF 1786 Note by the Editor. It was known that a census of the inhabitants of this province was ordered by Gov. 'Wentworth in 1773 ; but search was made for it in vain. Neither Dr. Belknap nor John Farmer, Esq., discovered the returns. Recently, however, they were found on file in the library of congress by the Hon. A. H. Cragin, senator from New Hampshire, and by him copied and generously presented to the New Hampshire Historical So ciety. The following is a copy of Mr. Cragin's letter to the society, accompanying his presentation of the census : CENSUS OF 1773, Taken by order of His Excellency John Wentworth, Governor. United States Senate Chamber, Washington, May 16, 1876. Sir: I take pleasure in presenting to the New Hampshire Historical Society a correct copy of the first census* of New Hampshire, taken by direction of Governor John Went worth in the year 1773, as appears by original manuscript papers on file in the library of congress. There are some minutes of proceedings of council, with other manuscript papers, which, in part, I am unable to read ; but as they may at some future time be deciphered, I sug gest that several blank sheets be bound with this book, so that the whole may be copied in this volume. The recapitulation, with index, Sec, the officers of the society can make when the work is arranged for binding, as that can better be done under their direction. Respectfully, A. H. Cragin. Rev. N. Bouton, Sec. N. H. Historical Society, Concord, N. H. The following is a copy of the order sent out by Gov. 'Wentworth to the selectmen of each town in the Province, in relation to* the census which they were to take : * A census of the province was taken in 1767, according to which the number of inhabitants was 52,700. (See Prov. Pap. N. H., Vol. VII, pp. 168-170.) — Ed. 624 NEW HAMPSHIRE. Portsmouth, October 15'", 1773. Sir — I am to request an exact list of the number of inhabitants in the town of , distinguished into different Ranks or Classes, according to the schedule below, — which I shall be glad to have returned to me, authenticated as soon as possi ble. John Wentworth. §^ Selectmen [It appears that the returns from the several towns were made in exact conformity to the above schedule. But inasmuch as it is unadvisable to repeat the order and form of schedule for each town, the editor has judged it sufficient to arrange the returns in tabular form, according to the schedule, with the names of the selectmen, and such remarks as are needful for explanation, as made on the returns. — Ed.] ROCKINGHAM COUNTY. ^ d d d T3 d rt ¦6 (U CJ o Towns D\0 e o >> Si & ri sds 1 > M0)> _rtC/1 Names of Selectmen, &c. li s Towns 1^ Svo >»t3 Cu s s > GO Names of Selectmen, &c. Is Ib o>« FQ IS en 0) "rt S W 0)B w 1 ¦a 'rt w 3 ,0 H Hampton 80 120 203 36 291 151 33 2 I 917 William Lane, Joseph Dow, Simon Nute, Phillip Towle, Joshua James, Selectmen. Hampton falls 44 146 99 21 218 96 22 I 1 648 Benjamin Tilton, Nehemiah Cram, 'Wm. Davison, Se lectmen. Sworn before Meshech Weare, Jus. P. Hawke* 25 71 no 8 172 81 10 1 0 478 Dyer Hook, Moses Colbey, Selectmen. Kensington 6s 107 182 34 265 141 28 Hone Hoae 822 John Lane, Joseph Clifford, John Blake, Selectmen. Kingston no 142 201 41 295 172 23 3 2 989 Josiah Bartlett, John 'Wadleigh, Selectmen. Londonderry 228 299 587 84 833 357 58 12 13 2471 James McGregore, Clerk to the Selectmen. Loudon, 12 36 58 2 54 38 3 i 204 Jethro Bachellor, Moses Holman ; sworn before Arche laus Moore, of Canterbury. New Castle 58 89 128 24 167 IOO 22 7 6 601 Henry Prescott, John Simpson, Selectmen. Newington 46 62 114 20 172 77 21 21 15 548 Newmarket 113 178 341 22 435 188 43 8 16 1344 Israel Gilman, Nat. Rogers, Selectmen. NewtowH 52 74 118 24 189 95 18 0 2 572 Daniel Sargent, Robert Stuart, jun. Charles Collins, Selectmen North Hampton 47 96 172 25 228 116 16 0 2 702 Benjamin Hobbs, Cristopher Smith, Reuben G. Dear born, Selectmen. Northwood, 9 49 S8 2 77 SI 4 0 0 250 [No signatures.] Nottingham 49 139 251 14 283 139 19 S 5 904 Benjamin Butler, Selectman. Pelham 49 9S 198 21 193 114 12 I Pembrook 45 no 176 12 186 119 12 S Plaistow 49 78 125 23 194 IOI 17 3 Poplinf 35 83 156 10 178 91 10 Portsmouth 617 371 868 93 1346 682 235 IOO Raymond 44 98 189 II 222 107 12 Rye 69 113 190 24 , 259 132 36 12 Sandown Si 81 148 IS 182 95 14 I South Hampton 39 67 96 18 IS3 81 17 I Seabrook 48 94 153 17 156 103 25 Stratham 77 138 234 27 382 161 45 3 Windham SI 56 120 18 161 69 14 S * Now DanviUe. f Now Fremont. 684 Josiah Gage, Moses Eatton, Selectmen. 666 Benj" Norris, Aaron Whittemore, Selectmen. 591 Joseph Welch, David Bryant, Ezekiel Gile, Selectmen 564 Zach' Clough, Thomas Beede, Selectmen. 4372 Benjamin Akarman, Sam. Cutts, George Hart, Geo. Gains, William Langdon, Selectmen 683 John Dudley, Jon» Swain, Ezekiel Lane, Selectmen. 842 Sam' WaUis, Joseph James, Selectmen. 590 Jon" Colby, jun. William Rowel, Selectmen. 473 Abel French, Moses French, Joseph Merrill, Selectmen. 596 Richard Smith, David Gove, Elisha Brown, Selectmen. 1068 Daniel Clark, John Taylor, Simon Wiggin, Stephen Piper, Mark Wiggin, Sel"" 502 John Dinsmoor, Nath' Hemphill, Will" Gregg, jr. Selectmen [Total inhabitants in Rockingham county, in 42 towns, 34.707' Total number of slaves,— 260 malesi, 206 females=:466.— Ed.] inCCOOm STRAFFORD COUNTY. Towns c o •ri OJ 1 (U "ri i w 3 e2 Names of Selectmen, &c. Barnstead 12 26 41 3 41 29 152 John Tasker — "no town selectmen— wait for your Ex celly to incorporate us." Barrington no 223 350 7 397 223 26 4 I 1341 [No signatures.] Dover 172 220 393 43 514 255 42 15 II 1665 Caleb Hodgdon, Joshua Wingate, Step° Evans, Select- Durham 108 138 266 52 336 183 42 15 9 1 149 HIGH Jn» Smith, Sam' Chesle, John Smith, Selectmen East Town* 20 49 65 I 64 48 I 248 [No signatures.] Gilmanton 49 105 180 2 188 105 s I 635 Anxip T. Gilman, Joshua Bean, Selectmen. Leavitts Townf 6 20 30 0 34 21 ni Per Thos. Parsons. Lee 58 • 142 257 18 309 157 13 5 I 960 Miles Randel, George Tuttle, Hercules Mooney, Se lectmen Madbury 34 84 154 29 199 107 15 3 625 Stephen Pinkham, John Roberts, Elijah Austin, Select- men Meredith 23 37 57 0 64 37 0 0 0 218 Ebenezer Smith, Jonathan Smith, Nathaniel Robinson, Selectmen " there being no men upwards of Sixty, nor Slaves in said town." Moultonborough 28 46 68 2 68 49 2 0 0 263 Bradbury Richardson, John Adams, Selectmen. New Durham 30 42 72 I 88 42 4 I 0 280 James Stillson, Tho» "ifoung, Selectmen. ON IvJ 00 iz! W a>en K1— t RochesterSandwich SomersworthSandbornton Wolfborough 123 9 106 28 16 210 35 140 57 25 346 64 246 104 49 26 o 34 32 * Now Wakefield. f Now Effingham. 437 61 278 IOO 43 241 35 161 57 25 34 o 42 2S 1420 Ebenezer Tebbets, Paul Libbey, Sami Laighton, Se lectmen 204 Bagly Weed, D* Beede, Selectmen 1038 Ebenezer Roberts, John Fosse. 352 Chase Taylor, James Cates, Benjamin Hoit, Selectmen. 165 Thomas Taylor, James Connor, Selectmen. [Total inhabitants in 17 towns in Strafford county, 10,826. Total slaves,— 64 males, 38 females = 102.— Ed.] ow 03 w O ON to v£) HILLSBOROUGH COUNTY. Towns §5 d O Ss d^1°dvo .Is 1-1 0 h \o B cq "ri 1 ri6 3 e2 Names of Selectmen, &c. Amherst Bedford Boscawen Camden* Derryfieldf Dunbarton Dunstable GoffstownHenniker Hillsborough Hollis Hopkinton Litchfield X09 54 34 n 28265167 16 104 43 26 237 62762130 7371 IOI 6027 180151 35 330 121140 r, 148156 195 93 34 287 297 68 13 15n 76 18n 2 3 18 IQ 13 412 49 147 37 128 213237 9644 35S267 95 245 7290 21 40 7889 7. 29 190156 43 19 7 6 2 34 S 9 S 25 1712 3 4 0 III 30222 24 0 I 62 1I 0 5 1370 388 [504] 132 279464 610732338 I S3 1162 943 299 Moses Nichols, Sam' Wilkins, Stephen Peabody, John Patterson Selectmen John Bell, on behalf of the rest, John Little, Adam Dicky, not present. Selectmen EbenHidden, George Jackman, Sam' Gerrish, Selectmen. " Taken by Isaac Temple of Limerick" John Stark, John McCalley, Selectmen. Jeremiah Page, " one of, the Selectmen." Rob' Fletcher, Jo= WhiTing, Benj" French, Jo» Eayrs, Noah Lovewell, Selectmen. Sam' Richards, Moses Little, Selectmen. Aaron Adams, Jonas Bowman, James Joslen, Selectmen Isaac Andrews.William Pope, Daniel McNeal, Selectmen. Sa,m' Cummings, Stephen Ames, Nath" Ball, Elnathan Blood, Jacob Je\vett, Jr., Selectmen. John Putney, Isaac Chandler, Selectmen. William McQuesten, John Hpwell, Daniel Kendall, Selectmen. ov O IS >ce K Mason MerrimacNew Almsburyt New Boston New Britain§ New Ipswich Nottingham W'st|| Peterborough Peterborough-Slip Salisbury Temple Weare Wilton 325° 10 23 9 484144 7 2028 3937 77 82 36 6126 165 88 66 14 7074 138 91 136 129 62 137 •36 232 150 131 22 III121 262 168 625 14 12 I 5 2 10 7 125 170 59 no 36 277 179172 23 130 IIS 280 168 89 38 6426 139 72 14 7676 147 99 463 552 213 410 13s 882592 514 81 416 418 884j8o Jonathan Winship, Obadiah Parker, Josiah Wheeler, Selectmen. Augustus Blanchard, Eben'' Nichols, John Chamberlin, Selectmen Pariftenas Watson, Francis Davis, Nehemiah Heath, Assessors. Jesse Cristey, Thomas Willson, Selectmen. [No signatures.] "One non compus." Benjamin Adams, Wm. Shattuck, Charles Barret, Nath' Stone, Selectmen Abraham Page, Nathaniel Dais [Lewis i"], John Hasel tine, Jr. Selectmen Thomas Morisson, John Smith, WiUiam Smith, John White, Selectmen [No signatures.] John 'Webster, John Fifield. John Cragin, jun. David Spafford, Selectmen. Jere'" Corlis, John Hodgdon, Selectmen Jas. Butterfield, Jona. Burton, Selectmen. O a .tn O*4 * Now Washington. g Now Andover. t Now Manchester. j Now Hudson. j Now Warner. [Whole number of inhabitants in 26 towns in Hillsborough county, 13,514. Number of male slaves, 39; of female, 38 = 77. — Ed. 0\ CHESHIRE COUNTY. Towns dcus S v§ d ^vg ¦S ti1 ^ ri ^¦^ ¦a cuBd3 •0 cu S3S Cfl cu > 55 Names of Selectmen, i&c. gvod " Ib cq VO ^ d Q. cu 3 cflCU H s cu W en a s 15 "ri cu W "ri '0 Alstead 24 37 66 4 59 42 I 232 Absalom Kingsbery, Andrew Beckwith, Oliver Shepard, Selectmen Sam' Hunt, Wm. Heywood, Enos Stevens, Selectmen. Charlestown 69 83 151 3 191 85 8 590 Chesterfield 55 109 224 12 220 120 7 0 0 747 Zerubbabel Snow, Ephraim Baldwin, Martin Warner, - Selectmen Claremont 41 66 121 2 125 66 2 0 0 423 Asa Jones, Benjamin Brooks, Joseph Taylor, Selectmen. Cornish 28 36 52 I 60 35 I 213 Sam' Chase, Jona"» Chase, Elias Cady, Selectmen. Croydon 13 16 21 I 23 16 I 91 John Cooper, Moses Whipple, Selectmen Dublin 16 45 74 I 71 46 1 I 0 25s Eli Morse, Sam' Twitchell,. Reuben Morse, Selectmen Fitzwilliam 18 44 55 S3 44 214 John MeUen, Edward KendaU, Selectmen. Gilsom 17 21 32 4 37 22 2 0 0 139 Ebn' Dewey Sr. Pelatiah Pease, Selectmen Hinsdale 28 28 48 5 70 31 8 I I 220 Tho» Taylor, Stephen Tuttle, Selectmen. Jaffrey, 13 50 89 2 92 52 5 0 0 303 Jonathan Stanley, William Smiley, Phineas Spaulding, Selectmen Keene 65 96 140 n 217 105 10 1 645 David Nims, Eliphalet Briggs, Jr. Benjamin Hall, Select men. AUen Willey, "Proprietors Clark." Lempster n 13 16 17 9 66 Limerick* 16 43 62 2 49 43 215 Isaac Temp e. Marlow n 29 43 40 32 I 156 Nicodemus Miller, Sam' Canfield, Selectmen. o\ tv) w a >g tn W I-H Monadnock, Mo. Bf 17 39 88 I Monadnock, Ho. 6J 12 23 32 0 Newport 14 23 40 2 Plainfield 32 40 65 6 Richmond 32 112 257 5 Rindge 42 99 170 n SavUlell 8 16 15 0 Surry 22 30 52 2 Swanzey 42 74 148 13 Unity 7 18 33 Walpole 48 81 157 II Westmoreland 50 109 206 13 Winchester 43 93 170 14 89 40 27 54 8S 218 166 16 70 164 32 160198 209 2323 43 "5109 16 3285 17 87 117113 275 117 156 275745 604 72 208536 106 549698 646 Benj^ Tucke, Eliphalet Stone, And" Colburn ; "As there is no Selectmen in this place, we therefore subscribe ourselves, his Britanic Majestise Loyal Subjects." "Test. Breed BatcheUer, Proprietors Clerk" Aaron Buel, Samuel Hurd, Jesse Willcok, Selectmen John Stevens, Francis Smith, Benjamin Chapman, Amos Stafford, Selectmen Oliver Cafron, Moulton Bullock, Silas Gaskill, Selectmen. Jonathan Sherwin, Edward Jewett, Selectmen. "Attested. John Wendell, Pro'' Clerk." [No signatures.] Chas. Applin, Tho= Hammond, Joseph Hammond, Sam uel Hills, Selectmen John Lee, Abner Chase, Amos Chase, Selectmen. B. Bellows, Tho« Sparhawk, Benj" Bellows, jr. Selectmen. Ebenezer Brittan, George Aldrich, Abiel Eddy, Selectmen Reuben Alexander, Joseph StoweU, Paul Richardson. Selectmen * Now Stoddard. fNow Marlborough, JNow Nelson. tl Now Sunapae, [The number of inhabitants in 28 towns in Cheshire county, IS 9,496. No. of slaves,— 7 males, a females = 9.— Ed.] ow en c)w O •3j ON (Ji GRAFTON COUNTY. 0\ 4^ Towns d o So ¦Sd rt d ScSd'" t3 cu S,8gvo VO Vc m cu CO o rt VO ^ d 9- cu 0 W Names of Selectmen, &c. Apthorp(i) Bath CamptonCanaan ConwayCockermouth(2) Dorchester New Grantham (3) HanoverHaverhill N'w Holderness<*) LancasterLebanonLime New Chester (5) Northumberland Orford 1 3 4 0 2 3 I 0 o[i43 18 25 46 0 36 25 0 0 0 150 14 22 39 I 40 22 I 139 12 n 16 n 12 62 40 42 39 4 37 40 I 203 n 22 24 28 22 107 23 13 33 38 14 121 7 10 12 2 17 II 0 I 0 60 S8 49 86 7 80 54 4 4 342 3° 66 107 I 112 66 3 I I 387 9 21 45 6 41 25 0 0 0 147 3 6 8 2 10 7 I 0 0 37 44 50 62 4 79 54 2 0 0 295 29 37 53 5 71 39 3 2 2 241 5 31 63 2 46 32 0 0 0 179 10 9 8 II 8 0 0 0 46 17 39 60 3 63 43 I 2 228 " Taken by the subscriber Tim" Bedel." [No signatures.] Ebenezer Taylor, Isaac Brainerd, Selectmen Asa Kilborn, Eben'^ Eames, Joseph Cram, Selectmen Abiel Lovejoy, W'y Brown for John Webster, Selectmen. Ebenezer Melyin, James Goold, Selectmen John House Abel Stevens. ' Students at College, 90." John Ordway, John Knight, Jona" Freeman, Selectmen Ephraim Wesson. Cha= Johnson, Selectmen. Nath' Thompson, Bryan Sweeney, Selectmen [No signatures.] Azariah Bliss, John Slapp, Selectmen Walter Fairfield, Jonathan Child, Charles Nelson, Se lectmen Carr Huse, Cutting Favour, Selectmen — " Errors ex cepted." Jacob Treadwell. Israel Morey, Eldad Post, Selectmea. IS stn K W Plymouth Stewartstown(6) RumneyThorntonTrecothick(7)Wentworth 29 57 90 107 57 2 I 2 345 24 14 17 19 14 88 21 31 61 I 47 29 2 0 0 192 16 13 18 I 12 14 74 8 8 16 18 8 50 I 6 13 IS 7 42 Benj" Goold, John WiUoughby, Samuel DevUn, Select men. Seth Wales, Nehemiah Classon, Alpheus HiU, Select men of s* towns. Ezra Gates, Moses Ordway, Alexander Craig, Selectmen. Sworn before Daniel Brainerd, Justice Peace. [No signatures.] John House. " Taken per Asa Porter." ri) Now Dalton. (2) Now Groton. (3) Now Grantham. (4) Now Holderness. (5) Now Hill, (d) Including Cockburn and Colbrook. (7) Now Ellsworth. [Whole number of inhabitants in 25 towns returned in Grafton county, 3,549. No. of slaves, — male 9, female 1 1 = 20. — Ed.] nw CenO1^ (Ji On (Ji 636 NEW HAMPSHIRE. Summary of the Census of \yy%, by Counties. Counties. Towns. Population. Slaves. Rockingham Co. 43 3M°7 466 Strafford Co. 17 10,826 102 Hillsborough Co. 26 13.514 77 Cheshire Co. 28 9,496 9 20 Grafton Co. 25 3.S49 Total, 138 72,092 674 CENSUS OF 1786. Note by the Editor. The census which follows, of 1786, has never before been published. The original returns from the several towns in the state were lately ac cidentally discovered stowed away in a box in the attic of the state house, with other old papers. They are of great value, not only as showing the number of inhabitants in 1786, but also as throwing light on the status of the colored population then in the state. The atten tion of readers is invited to a note by the editor in 'Vol. IX, "Town Papers" N. H., pp. 896-898, in which tbe editor expresses his opinion that " slavery in New Hampshire was virtually and in effect abolished" by the adoption ofthe constitution in 1784, and particularly by the y?rj^ and second articles of the Bill of Rights. In this opinion he is confirmed by this census of 1786. Readers will please take notice, that, according to the census of 1767, the number of "slaves " in the province was 633 ; the number returned in 1773 was 674 ; the number in 1775, of " negroes and slaves for life," was 657.* But it is noticeable that in the resolu tion and order for this census of 1786, by the General Assembly of the state, two years after the adoption of the new constitution, not a word is said about "slaves for life." Slavery itself seems to be ignored. The general term, " bound to servitude for a term of years," would in clude indented apprentices as well as any others. The form of the resolution ordering the census to be taken seems to be of doubtful meaning. It is therefore not surprising that the returns made by the selectmen or assessors of the several towns have no uniformity. They seemed not to know what was meant by " those bound to servitude, for a term of years," or what " other persons not comprehended in the fore going description " were included. The curious reader will find enter tainment in carefully examining the returns. The foUowing is the exact form of the order for the census : *See Prov. Pap. N. H., "Vol. VII, pp. 168-170, and CoU. N. H. Hist. Soc, "Vol. I, pp. 231-235. 638 NEW HAMPSHIRE. STATE OF NEW HAMPSHIRE, In the House of Representatives, March 3d, 1786. "DESOLVED, That the selectmen of the several towns, districts and parishes within this State, be and hereby are required to make a return of all the inhabitants within their respective districts to the secretary of this State, on or before the second 'Wednesday of June next, viz. the whole number of white and other free citizens inhabitants of every age, sex and condition, including those bound to servitude for a term of years ; and also in a seperate column, or class, all other persons not comprehended in the foregoing de scription, except Indians not paying taxes. Resolved, That the selectmen of any town, district or pa,rish, who shall neglect their duty herein, shall forfeit and pay to the treasurer of this State, for the use of said State, the sum of five pounds. Sent up for Concurrrence, Christopher Toppan, Speaker, P. T. In Senate, the same day read and Concurred, JOHN LANGDON, President. A true copy, Attest, Joseph Pearson, Deputy Sec'ry. census of 1786. 639 0El!5"SUS OF 1786. [Returns by counties in alphabetical order, printed according to origi nal returns. — Ed.] COUNTY OF ROCKINGHAM. ALLENSTOWN. Sum of all the inhabitants of Allenstown is 175 Souls. This is a true account taken by us. Samuel Webster ) Select James Bunten j men ATKINSON. State of New Hampshire ) Agreeable to a resolve of the Rockingham, SS. j General Assembly of s^ State, pased the third day of March a d 1786, we the subscribers Selectmen for the town of Atkinson, have taken the whole number of white and other free citizens, inhabitants of every age, sex and condition including those bound to servitude for a term of years, and find the number to be five Hun dred in s^ town. No. SCO. Atkinson, May 24*" 1786. Peter Clement VSelect men Humphrey Noyes, Jun. > for Eliphelet Knight ) Atkinson. CANDIA. Agreble to a Resolve of the General Court we have taken an invoys of the inhabitants of the parish of Candia, and their is 959 free citesons, 206 of which are Rateable polls, and also 23 which are not free citesons. Candia, May the 29, 1786 Ephraim Eaton ) Select men John Clifford S for Sam^ Merrill ) Candia. 640 NEW HAMPSHIRE. CANTERBURY. A Return of the Number of Inhabitants of Canterbury of every age & Sex taken April first 1786, viz. No. of Inhabitants 857 No. of Slaves 3 David Forster, ) Selectmen for Obadiah Mooney \ Canterbury. CHESTER. In compliance to the Resolve of the General Court, March y® 3^ 1786, We have taken the number of Inhabi tants in the town of Chester, which N" is 1757 of whites — two Slaves. Totle 1759. Chester, June y" i"', 1786. Rob' Wilson 1 Selectmen Benj* Long > of Stephen Dearborn \ Chester. CONCORD. State of New Hampshire ) Concord, April 18"', 1786. Rockingham SS. j Pursuant to the within order we have taken the number of free citizens within the Town of Concord, and find the same to amount to one thousand three hundred and ninety seven. Other persons not com prehended in the above, five. 1397 TiM° Walker ) Select Men S Thos. Stickney \ of Concord. 1402 DEERFIELD. Deerfield, June 6, 1786. To the Secretary of the State of New Hampshire ; agree- census of 1786. 641 abel to a presept sent to us for numbering the people we have proseded to number them. men twenty one and upward 230 males under twenty one 410 phemales eighteen and upward 310 phemales under eighteen 333 1283 Moses Barnard 1 Select Daniel Currier i men EAST KINGSTON. East Kingstown, Sep* the 19*^ day, 1786. We the subscribers have taken the Number of the Inhab itants of East Kingstown according to a Resolve of the General Court passed March last, and they are four Hun dred & Twenty. 420 Elip' Webster | Selectmen of Richard French ) East Kingstown. EPPING. State of New Hampshire Rockingham SS. To the Secretary of said State : An account of the number of Inhabitants, Dwelling- houses, Barns, and acers of land in Epping, viz : Of white Inhabitants 1340, of Blacks, 7, Dwelling-hoses 181, Barns 188. and also the number of acers of Land 12886 acers. Done in compliance with the order of Court, to the best of our Judgment. June S*, 1786. Seth Fogg } Selectmen David Lawrence Jr. J of Epping. j.i [Sworn to before Abraham Perkins, Just, of peace.] 41 642 NEW HAMPSHIRE. EXETER. Agreeably to the within Resolve the Number in the Town of Exeter amount to 1592. Exeter, May 31'', 1786. Trueworthy Gilman "" Eph™ Robinson Gideon Lamson y Selectmen. Elip' Ladd Joseph Cram GREENLAND. Sr. Pursuant to a Resolve of the General Court of the 3^ of March last, we have numbered the Inhabitants of Greenland of every Age, Sex and Condition, and of whom there are Six hundred & fifty five free Citizens and seven Slaves for life. Greenland, June 5"*, 1786. George Brackett Joshua Weeks Selectmen of Greenland HAMPTON. State of New Hampshire ) Rockingham, SS. j Pursuant to the order of the Late General Court to Num ber the Inhabitants of the Town of Hampton, We the sub scribers have taken said Number, and they are as follows, viz. 866 Whites & i Black. Hampton, April i^ 1786. Daniel Philbrick "^ Joseph Dow Cotton Ward . Simon Nudd Philip Towle Selectmen ¦ of Hampton. census of 1786. 643 HAMPTON FALLS. State of Nev^r Hampshire Rockingham, SS. Pursuant to an Resolve of the General Assembly of said State for taking the whole Number of the Inhabitants therein : Agreeable thereto, we the Subscribers have taken the whole of all the Inhabitants in Hampton falls in the County of Rockingham aforesaid, and they amount in the whole to five Hundred and Sixty Nine. Dated at Hampton-falls May the 12*^ A D 1786 569 Nath^ Hub'^ Dodge ) Select Men Sam^ Weare > of Peter Tilton ) Hampton-falls. HAWKE— now Danville. State of New Hamp"^ ) In submition to a Resolve of the Rockingham, SS. \ General assembly of said State passed the 3'^'^ of March A D. 1786, The following is a Re turn of the Number of white and other free Sitisens Inhab itants of Hawke of every age, sex & condition Including those bound to servitude for a Term of years — which is in the whole, three Hundred and one 3°! Such as were to be taken in a Seperate colum we find none. Attest — Tho^ Page ) Selectmen Hezekiah Blake > for Israel Dimond ) Hawke Dated at Hawke the i" day of April, 1786. To the Secretary of said State. KENSINGTON. State of New Hampshire ) ^ , ,,. Rockingham SS. | Pursuant to a Resolve, We the Subscribers have made out an acco' of All the Inhabit ants of every age sex and Condition Including those Bound 644 ^^^ HAMPSHIRE. to servitude for a term of years. Also all others not com prehended in the foregoing Descriptions. 798 No. of Inhabitants * o No. of Slaves. Philemon Blake 1 Selectmen April 1786. Jeremiah Fellows, jun > of Enoch Worthen ) Kensington. LOUDON. Loudon May 24*^ 1786. The whole Number of the People in the Parish of Lou don is 822. No Blacks to be numbered. Attest — John Sanborn J Selectmen Joseph Smith > for James Thompson ) Loudon. NEWINGTON. State of New Hampshire ) We, the subscribers have com- Rockingham, SS. ) plied with the [Resolve of the General Court] viz. The Number of Inhabitants consisting of Whites 456, the Number of Blacks consisting of 20. Hatevil Nutter | c i <. RicH^ Pickering \ Selectmen Newington, June 3, 1786. NEWMARKET. Number of Inhabitants in the town of Newmarket in the County of Rockingham — Whites II 72 Slaves 2 total 1 1 74 Taken at the Request of the Hon^^ General Court by Sam^ Gilman ) Ichabod Hilton > Selectmen Eliphalet Smith ) Newmarket i^ May 1786. census of 1786. 645 NEWTOWN. Pursuant to orders from the honable Corte, we have Numberd_ all the inhabents of this town, the whole Num ber of white and other free citizens amounts to the Number of three hundred and forty three. Robert Stuart [343] Mark Whittier Abraham Kinne Newtown, June 3, 1786. Selectmen of Newtown. NORTHFIELD. Northfield, April the 11"' ye: 1786. This is to sartify agreeable to an act Past March the 3: ye: 1786, a trew a Count of all the males poles is 75 and the number of the woman & children is 274. William a Perkin ) [ 75 William forest •> Selectmen 274 Thomas Cross ) 349] NORTHWOOD. A True Number of the Inhabitents of Northwood In the manner as follows, viz. No. of males above 50 No. from 16 to 50 males No. of males under 16 No. of the female IS 15 is 122 IS 140 is 298. Sum total 575. Given under ouer hands at Northwood, the 18* day of April anno Domini 1786. Sherbun Blake \ Selectmen Sam' Johnson \ of Henry Batchelder ) Northwood. 646 new HAMPSHIRE. NORTH HAMPTON. North Hampton, June y" 6'" 1786. The whole number of white and other free citizens. In habitants of every Age, Sex and Condition, including those bound to servitude for a term of Years in this Parish are Six Hundreds and fifty Nine. ^59 Stephen Page ) ^^^^^^^^^ Tristram Rodman ^ selectmen. NOTTINGHAM. State of New Hampshire ) Nottingham, June i^' 1786 Rockingham SS ) The following is a True Return of the Inhabitants within the Town of Nottingham in said County of Rockingham, viz. White Inhabitants one Thousand fifteen Negroes eleven. Attest. Tho^ Bartlett ) Stoten Tuttle V Selectmen [1015 Nath^i Goodhue ) II] PELHAM. Pelham May 27"^ 1786. The following is a True List of the Number of Inhabit ants of the Town of Pelham. Number of mals 205 Do. of femals 206 Do. of children 464 Total 87s Daniel Richardson ) Select men James Ferguson ( for Pelham. census of 1786. 647 PEMBROKE. Pembroke, June 20"^, 1786. A Return of the Number of the Inhabitants of Pembroke ef every age and sex which was carefully Taken by us the Subscribers viz. Nine hundred and Ninety one whites, also three Blaks which is the true and whole Number of all ages sex and condition. Stephen Bartlett 991 3 James Man ' Selectmen. Total, 994 To the Sec^ of the State of New Hampshire. PITTSFIELD. Pittsfield June 5"" day 1786. State of New Hampshire } Persuant to a late Act of the Rockingham, SS. ) General Court and Senit of said State to make a Return of the Number of the inhabit ants of each Town Parish and Destrict in said State by the Selectmen of each Town, Parish and District agreable to said Act We have Numbered the inhabitance of Pittsfield and we find there is five hundred and ninety eight in every Rank and Denomanation of inhabitens in the whole. 598. William Chase ) Selectmen of Joshua Berry | Pittsfield. PLASTOW. State of New Hampshire ) In obediance to an order of Rockingham, SS. ) the Gen' Cort passed March 1786 We the subserbers Have carefully Numbered the Soles within the Town of Plastow and finde the whole Number to be 551. Jo° Smith ) Selectmen Jn° Ayer > For Amos Sawyer ) Plastow. Dated att Plastow, April y" n ; 1786. 648 new HAMPSHIRE. POPLIN— now Fremont. Persuant to a Resolve of the House of Representatives March 3'' 1786, We the subscribers Selectmen of Poplin for the time being have tak the whole Number of the Inhabit- ans of Poplin aforesaid and we find them to be 500. Nathan Brown ) Selectmen of Elisha Hook j Poplin. Dated Poplin June y« 5"" 1786. PORTSMOUTH. Agreeably to a Resolve of the General Court of 3"^ March 1786, requiring the number of " Inhabitants of every age sex and condition to be returned by the Selectmen of the several Town's districts & parishes within this State" — We have caused an exact list of Whites and Blacks within this Town to be taken, and are as follows, viz. Whites 4133 Peter Coues ^ Blacks 89 John Sparhawk V Selectmen Wm. Gardner ) Total, 4222 Portsmouth, New Hamp=^, May I8*^ 1786. RAYMOND. The Return of all the Rateable polls and all other In habitants of every age and sex within the Parish of Ray mond for the year 1786. Number of Polls Paying Taxes, 145 Number of all other inhabitants, 589 Number of all other people not Inhabitants, 52=786. A True Return Attested by , , , ., Nath' Dudley ) Selectmen of May the 2^\ 1786. David Norris \ Raymond. census of 1786. 649 RYE. Rye, the 2^ of June, 1786 Agreeable to the within Resolve the following is a Re turn of the Inhabitants of the Parish of Rye. Number of white and other free citizens, &c. 653 Other persons not compre hended in the other de scription 2 Nathan Goss ) Neh'^ Moulton > Selectmen John Webster ) SALEM. State of New Hampshire Rockingham, SS. Agreeable to an order Received from this Honor''' House of Representatives for the purpose of taking the Number of Inhabitants, we have Preceded and Find the White Males to be five hundred thirty and one= 531. White females five hundred forty & four, 544=1075 Male Slaves 3 Female Slaves 4 = 7- Wm. Thom ^ Selectmen Attest. James Webster > for Richard Kimball ) Salem To the Hon'"' Joseph Pearson, Deputy Sec'^''. sandown; The whole Number of Inhabitants that belongs to the Parish of Sandown, are five hundred & twenty one — 521. William Rowell ) Selectmen Ezra French > for Jonathan Clough ) Sandown Sandown, June 2^, 1786. 650 NEW HAMPSHIRE. SEABROOK. To the Hono'' Josep Pearson : Sor — We the subscribers Select men of Seabrook have Numbered all the inhabitance of every Age Sex and Condition including the whol be longing to this Parish of Seabrook according to orders and so forth and the whol Number is 668. Winthrop Gove \ Robart Collins > Selectmen Jonathan Leavitt ) Seabrook June the s"", 1786. SOUTH HAMPTON. South Hampton, June 30"^, 1786. State of New Hamps"^. Agreeable to a Resolve of the General Court passed March last we the Subscribers have taken the Number of the Inhabitants of said Town agreeable to said Resolve, Which are as foiloweth: Whites 450 Blacks 002 Richard Sawyer ) c -i .. Benjam: Barnard f Selectmen. STRATHAM. To Joseph Pearson, Esq. D. Sec"^. Agrable to a Resolve of the General Court pass*^ March ^^^ 1786 we the subscribers Selectmen of Stratham have numbred the people in said Town of Stratham, find their to be Eight Hundred and ninety-four Whites and thirteen Blacks in said Town. Stratham, May 24, 1786. Andrew Wiggin Jr. J Selectmen Nich. Rowlings > of Stephen Piper \ Stratham. WINDHAM. According to a Resolve of the Genaral Assembly We have made a Return of the whole Number of Whites and other free Citizens inhabitants of Windham, (viz.) 583 CENSUS OF 1786. 651 Whites and 9 Blacks Liveing with there Respective Mas ters. Sam' Morison ) . Benj* Thom V Selectmen. Windham, June y« 2^^^ 1786 Ja^ Davidson ) [Summary of returns from Rockingham county, by the Editor.] Towns. "Whole Number. Other persons. Allenstown, 175 Atkinson, 500 Candia, 9S9 23 " not free citizens." Canterbury, 857 3 Chester, 1,757 2 Concord, 1,397 5 " other persons." Deerfield, 1,283 East Kingston, 420 Epping, 1,340 7 blacks. Exeter, 1,592 Greenland, 65s 7 Hampton, 866 I black. Hampton Falls, 569 Hawke (Danville), 301 Kensington, 798 [bered." " No blacks to be num- Loudon, 822 Newington, 456 20 blacks. New Market, 1,172 2 Newtown, 343 Northfield, 349 Northwood, 575 North Hampton, 659 Nottingham, 1,015 II negroes. Pelham, 875 Pembroke, 991 3 blacks. Pittsfield, 598 Plaistow, SSI Poplin, 500 Portsmouth—" whites," 4,133 89 blacks. Raymond, 786 Rye, 653 2 other persons. Salem, 1,07s 7 Sandown, 521 Seabrook, 668 South Hampton, 450 2 blacks. Stratham — " whites," 894 13 blacks. [masters. Windham, S83 9 blacks living with their Total, 48,431 21 185 652 NEW HAMPSHIRE. COUNTY OF STRAFFORD, 1786. BARNSTEAD. To the Secretary of the State of New Hampshire : The Return of the Inhabitents of Barnstead all the whits of every age and sex 568 Negros Slave i Taken in the month of April, 1786. By the Selectmen of Barnstead Charles Hodgdon "j Samuel Nelson > Selectmen. Ebenezer Adams 1 BARRINGTON. Sir — Agreable to Orders From the General Court we have Taken the Number of the Inhabitants of the Town of Barrington in the following order, viz. Men above 60 = 45 heads from 16 to 60 years = 430 Do Women and Girls Boys under 16 years 500 Do Whole N° is 990 [1965] 975 Given under our hands at Barrington aforesaid the first Day of June 1786. Peter Young \ George Waterhous > Selectmen Lljp' Cloutman ) BURTON. Burten, Juen 16"^ 1786 then numbered the Inhebence and free holdens of Burten and found the hole number to be 74 Sind Henery Allard ) Ezekiel Gilman \ Select men. Orlando Weed jr ) census of 1786. 653 DOVER. Persuent to an act of the general Court passed March y« 3* 1786 we the Subscribers have numbred the people And find of Males ratable 337 Married women 232 Boys under age 408 Girls under age 450 Negros Slaves 4 Sum total 1427. The above is the true number of inhabitents of the Town of Dover taken by us the subscribers. John Waldron ) John Tuttle ? { Select men. Andrew Yorr ) Dover May y" 26^ 1786 DURHAM. An Inventory of all the Inhabitants of every age sex and denomination in the Town of Durham taken April 1786 in pursuance of a Resolve of the Gen' Court passed March 3*^ 1786. Inhabitants Slaves excepted, 1230 Slaves 3 We the subscribers certify that the above is a true In ventory. John Griffen ) Cpipp<.Tv,pn Eben"^ Smith | Selectmen EATON. Eaton, Aperiell 29: 1786. this is to Sartefia that the Peopell of sayd town Have Ben carfeley numbered & the number Amountes In the Hole to 138 soles Test By James Jackson ] Select Henewery Woods i men 654 ^'^^ HAMPSHIRE. EFFINGHAM. Number of Persons in the Town of Effingham Taken in April in the year 1786. No. Number of men from Twenty one years old and upwards 28 Number of women from Twenty one years old and upwards. ..24 Number of young men from fourteen to twenty one years 7 Number of young women from fourteen to twenty one years ... 7 Number of children under the age of fourteen years 54=120 { One aged gentleman aged seventy five years under Town charge i One Negro girl under fourteen Cripel i Weare Drake ) Nathaniel Hobbs > Select men John Costelloe ) Effingham, May i, 1786. GILMANTON. Gilmantown May 30"" y" 1786. Agreeable to the within Resolve we have Numbered the Inhabitants of said town and are as follows, viz — 1636 Whites 3 Blacks Joseph Badger jun \ Selectmen John Shepard v of Joseph Young ) Gilmantown. LEE. Pursuant to a Resolve of the General Assembly passed March y" 3'^ 1786, we the subscribers have taken the Num ber of the Inhabitants of the Town of Lee & find they amount to Nine hundred and fifty-six. Samuel Emerson ) « , No. 956 James Brackett { Selectmen Joseph Chesle ) ^^^• Lee, y« 27"> May 1786. census of 1786. gee MADBURY. We the subscribers Selectmen of the parish of Madbury do hereby certify that the whole number of white and other- free citizens of every age sex and condition in said parish of Madbury amounts to five hundred & eighty five & that none of any other Description belongs to said parish. John Wingate ) „ , Madbury, June i^', 1786. Eben^' Demerit ( ^^^^^* [585] Timothy Young ) '"^'^ MEREDITH. To the Honourable General Court of the State of New Hampshire The Number of the People in the Town of Meredith— 572. Meredith y« 12"^ 1786 Ebenezer Smith ) William Davis [ Selectmen John Gilman ) MOULTONBOROUGH. Persunt to an Act of the Gen' Court Passed March 3" 1786 requesting the town of Moultonborough to Number the Inhabitents we the subscribers in obdienc to said Act have Numbred all the Inhabitents found there to be four hundred. [400.] Elias Smith ) ^ ., April 13'" 1786. Joseph Richardson Selectmen. NEW DURHAM GORE. I the subscriber being appointed at the Annual Town meeting in New Durham Gore to take an Inventory of the number of Inhabitants of s"^ Gore — ^which number is Two Hundred Forty & Twoe of every age sex & Denomination. Taken by order of the General Court pased March 3* 1786. N° 242 Joseph Roberts. 656 NEW HAMPSHIRE. ROCHESTER. State of New Hampshire: Pursuant to a Resolve of the House of Representatives, the 3'' March 1786, We By the appointment of the Selectmen For the Town of Rochester, Have Numbered the Inhabitants of the Town, and find their To Be 2453 Free Citizens as Taken By us. alsow 3 Negroes. James Adams Rochester June 5"^, 1786. Daniel Wingate, jun. State New Hampshire ) Strafford, SS. ( Rochester, June 5"", 1786. The above named James Adams & Daniel Wingate apered & made solomn Oath to the above Return By them subscribed & Presented before me, James Knowles, Just of Peace SANBORNTON. Sandbornton, June y^ 6^, 1786. Pursuant to a vote of the General Court requiring a re turn of the number of Inhabitants in y^ respective Towns within this State, we have numbered the Inhabitants of Sandbornton & find there are one thousand one hundred & seven white Inhabitants free citizens of the State, compre hending every age, sex and condition. [1107] John Samborn, in behalf of the Selectmen. SANDWICH. State of New Hampshire ) Agreable to the Requirement Strafford, SS. j of the General Court passd March third 1786 we the selectmen of Sandwich have taken the true and full Number of the Inhabertants of Sand wich of every age Sex and Condition, which is Six hundred fifty three free Inhabatance. 653 Sandwich, June y® 6'^ 1786. J. Oilman ) Select Thomas Colby \ men census of 1786. 657 TAMWORTH. Tamworth 29"^ May 1 786. agreeable to a Resolve of the general assembley passed the thurd day of March last Past we have taken the Number of the Inhabitants of this town and find them to be 287 free Inhabitants & one Slave. David Oilman \ Stephen Mason [ Selectmen. To the Secretary of the Timothy Medar ) State of New Hampshire. WAKEFIELD. The Number of free Inhabitants in the Town of Wake field taken agreeably to the order of the Gen' Court by the Select Men of s"* Town in May 1786, is — 505. Avery Hall ) „ 1 ^nr Jacob Wiggin ^ Select Men. Attest [Summary of the County of Strafford.] Towns. Whole Number. OJ 55 " Other persons." Barnstead, 568 I Barrington, 990 Burton, 74 Dover, 1427 4 Durham, 1230 3 Eaton, 138 Effingham, 54 < I negro girl — " cripel." I I aged gentleman — town Gilmanton, 1636 3 blacks. [charge. Lee, 956 Madbury, 58s Meredith, 572 Mxiultonborough, 400 New Durham, 242 Rochester, 2453 3 negroes. Sanbornton, 1 107 Sandwich, 653 Tamworth, 287 I Wakefield, S05 Total, 13.877 9 8 42 658 ¦ new HAMPSHIRE. COUNTY OF HILLSBOROUGH. ACWORTH. Number of white and other free citizens agreable to a Resolve of this State pased March y^ 3 — 1786 No. 482 white Supposed to be from No. i black Acworth jojjjj Duncan ) .„ - T Thomas Slader > Sellect men. Rec« 22 June ^j^^s Kiyes \ ALSTEAD. Agreeable to a Resolve of the Gen' Court of Newhampsh' Passed March 3'''* 1786 for taking the Number of Souls in the several Towns Within this State we have Numbered them in this Town & find there is 943 Encluding all of every age & sex. Moses Hale ^ c 1 * Tim" Fletcher I ^^^^^^ men Nath' Stone f ,, ° , Natha' Cooper J -^^^tead. To the Hon'"' the Secretary of the State of Newhampshire. AMHERST. The Hon''' the Secretary of the State of New Hamp shire, in the inclos'' are the Number of the Inhabitents of the Town of Amherst, taken agreeable to the late requisi tion of the hon''' Gen' Assembly of said State — Containing in the whole Nineteen Hundred and twelve Inhabitents. Amherst, May y* 29'" 1786. [191 2] Sam' Wilkins "j Eli Wilkins I „ , Tho' Wakefield f Selectmen. Joshua Lovejoy J /' census of 1786. 659 ANDOVER. Andover June i2tt' 1786 the whole number of the Inhab itants of the Town of Andover in the County of Hillsbor ough and State of New hampshire is 410 Jon* Weare \ Selectmen Paul Scharston? \ of Joseph Philbrick ) Andover To the Secretary of s"^ State. ANTRIM. A Return of the Number of Souls in the town of An trim County of Hilsborough taken in April last and found to be two hundred and Eighty nine p"^ us 289 Souls. Isaac Cochran \ Jonathan Nesmith > Selectmen Daniel Nichols ) Antrim June 5"' 1786. BEDFORD. State of New Hampshire : Pursuant to a Resolve of the General Court of this State Pass'd March 3'^ 1786, We the subscribers, selectmen of Bedford have numbered all the Inhabitants of said Bedford as Required by said Re solve and find the Number of all the free Inhabitants of every age Sex & Condition to be 778. Also 7 of the other class. Josiah Gillis ( Selectmen Stephen Dole { selectmen Bedford, June 2"^ 1786. BOSCAWEN. Agreeable to the within Resolve we have taken the whole Number of Inhabitants in the Town of Boscawen of every 66o NEW HAMPSHIRE. age sex and condition as therein Express'^ and find them to contain eight hundred and twenty seven. Erors excepted 827. George Jackman ) Benj" Sweat Jun. > Selectmen Benj'' Jackman ) Boscawen, April 15, 1786. CHARLESTOWN. h rt o S- d(U Cfl °^ ¦^ c o .2-rt . rt 0) 4) W ¦o-a 'S J5 .5 rt bo 177 141 247 18 293 507 461 968 The above is a true Ireturn of the Inhabitants of Charles town taken in April 1786 agreeable to a resolve of the General Assembly for that purpose. Attest Wm. Heywood Simon Sartwell Selectmen of Charlestown CHESTERFIELD. To the Secretary of the State of Newhamshire — In obedence to the precept we received from the honorable Cort we have Numbered the inhabitance of the town of Chesterfield and find the sum total to be 1535 Martin Warner 'j Selectmen William Hildreth > for Ezra Day ) Chesterfield Chesterfield June 2, 1786. census of 1786. 661 CORNISH. Cornish, May 20"* 1786 S'— the following is an Exact number of the Inhabitants of the town of Cornish, (Viz) Males 312 Females 293 [605.] Wm. Ripley \ Ichabod Smith > Selectmen. J. Horn.? ) To E. Thompson, Secretary to the State of N. Hampshire DERRYFIELD. _ Return of the Inhabitants of the Town of Derryfield, viz. The whole Number of white and other free Citizens inhabitants of every age sex and condition Including those bound to servitude for a term of years Number Being three hundred & thirty eight. No. 338. Joseph Farmer 1 John Goffe V Selectmen Isaac Huse ) Witness our Hands V May i^' day, 1786. \ DUNBARTON. Hillsborough SS. ) April y" 10 1786. According State of New Hampshire \ to order to the town of Dun barton, by a Resolve of the General Court that the People of this State shall be numbred. We the Subscribers Select men for s*^ Dunbarton have numbred said People according to s"^ order and find the number to be 741. Jere'' Page J Selectmen Daniel Story V for Eben^' Hacket ) Dunbarton Rec"^ 15 June 1786. DUNSTABLE. State of New Hampshire In obedience to a Resolve of the General Court of said 662 NEW HAMPSHIRE. State Passed March y" 3^ 1786 — We the subscribers have taken a true accompt of the Number of the Inhabitants of the Town of Dunstable of every age and sex. The number of Whites are as foiloweth (viz) five hundred fifty and four. Other sex's none. [554] Jacob Adams \ David Alld 5 Selectmen Dunstable April y* 6"" 1786 Joel Lund j DUXBURY and Mile-Slip. May y" 29'" 1786. Pursuant to orders — We have Numbered the Inhabitants of this District and Find the Number to be 140. Jacob Flynn J James Badger S Selectmen. Ben'' Lewis j FISHERSFIELD— now Newbury. A Return of all the Inhabitance of Fishersfield agreable to a Resolve of the House of Representatives March 3"* 1786 N" of White and other Inhabitance of every age, Sex and Condition that are Free Citizens — 217. N" of Inhabi tance not Indued In the foregoing William Dodge J Thomas (i") Williams > Select Men. William Gunnison ) GOFFSTOWN. June 5"' 1786. The Number of the White Sittisons in the town of Goffstown is as foiloweth — one thousand forty eight. And the Blacks is fifteen in number. 1048 Whites. 15 Blacks Job Dow ) c ^ 4. John Butterfield \ Selectmen. census of 1786. 665 HANCOCK. Hancock April 1786. Agreeable to a Requision of the Gen' Court the Number of the Souls in s^ Hancock taken by the Selectmen amounts to 291. Pr Joseph Dodge ) Edmund Davis S Selectmen Seth Hadley \ HENNIKER. In obedience to A Precept Directed to us from the Gen eral Assembly of this State to Number the People of this town we have attended thereto and find the Number to be 858 free sitisens Besides 4 Black servants. Aaron Adams ) James Bowman > Selectmen David Campell ) Henniker 17"" of June 1786. Rec"^ June 22'*- HOLLIS. Pursuant to the Requisitions of the Gen' Court of the 3'' of March last past to us directed &c. We have carefully sought the Number of souls within the Town of Holies and find them to be 142 1 No. of Negro Slaves 2. True account taken by us, June 4"' 1786 Wm. Cumings ) Selectmen Jeeremiah Am^s \ of Holies. Hon''' E Thompson Esq Sec? HOPKINTON. State of New Hampshire ) Agreeable to the order of the Hillsborough, SS. J General Court of March 3'', 1786 664 NEW HAMPSHIRE. We have Numbered the Inhabitance of Hopkinton and find 1536 White free citizens, and one other person. Hopkinton, June 6"' 1786. Aaron Greeley \ Joshua Morse > Selectmen Stephen Hoyt ) MASON. State of New Hampshire. A True Return of the Number of Inhabitants in the Town of Mason ; — the whole Number of whites and other Free Citizens Inhabitants of Every age. Sex and Condition, In cluding those mentioned in a Resolve of this Pass'd March y® 3'', 1786, is 866 Number of Inhabitants. Benjamin Mann ) c 1 ^ T IIT- t Selectmen. Jotham Webber ) Mason, April y® lo*", 1786. MERRIMACK. State of New Hampshire ) Hillsborough, SS. ) Merrimack June 5*" 1786. in obedience to the within Resolve we the subscribers have numbered the Inhabitants of said Town and find the num ber to be 692 Whight Inhabitants & 9 Blacks. Simeon Cumings "l Selectmen Jacob McGaw [ of Eben'^^ Parker \ Merrimac. NEW BRADFORD. Bradford, June y® 7 : 1786. A Return of the Nomber of Soles in New Bradford so CENSUS OF 1786. 665 called. State of New Hampshire, County of Hilsburrow the Holle Nomber one Hundred and Twenty Eight of white. 128 James Pra? 1 Selkmen Enoch Hoyt > of New IssAC Davis ) Bradford. To the Secretary of this State. NEW IPSWICH. To the Honorable the Secretary of the State of New Hamp shire Agreeable to a resolve of the Gen' Court of this State passed March 3*^ 1786, We have numbered the inhabitants of New Ipswich & found the number of the free citizens to be one thousand and forty and nine. Negros two Isaac Appleton ) New Ipswich Wm. Shattuck > Selectmen 30"" May, 1786. Eph™ Adams, jr. ) NEW LONDON. The Nomber of the inhabentance of New London, in the year 1786 are as folows males twenty one years of age and upord 46 males under twenty one years of age 66 feemales Eaighteen years of age and upord 46 feemales under Eaighteen years of age 61 totel 219 The above is a true acount as witnes our hands. Levi Harvey ) Selectmen John Adams > for John Morgan ) New London. New London, June 5'^ 1786. 666 NEW HAMPSHIRE. NOTTINGHAM WEST. In Obedience to the Resolve of the Ge'neral Court of y" 3'^'' of March 1786, For Numbering y® inhabitents We have Numbre'' y* Souls of ye Town of Nottingham West and finde — loio souls. Asa Davis ) Jn" Haseltine jr > Selectmen Isaac Merril ) Nottingham West May y' 24'^ 1786. PETERBOROUGH-SLIP. State of Newhamp'^ ) In obediance to the precept We Hillsborough SS. ) Rec** we have Numbered the Inhabi tants of Peterbor° Slip and every famualy Stand here on this paper and the sum Total of the whole is 175 soles, and None in town Bound to Servitude. Sam' Gragg ) James McNee [ Selectmen. Sam' Milliken ) Peterborough Slip, April y« 18 :, 1786. Number of famulys W. hosmor 7 Walter Ames I S. Gragg, 9 David Ames I J. henecy 3 And>' Conn 4 Saml Milliken 2 Jam= Milliken 10 Reub" Law 6 Lt. McAUaster 4 Mr. Attwood 5 John Taggart 2 Abijah Spafford 5 Wm. Taggart 4 And'' Law S Josiah Sawyer 3 N. Boynton 4 James McNee 10 G. McCoy 6 Joseph Barnes 4 J. Swan 9 Jos'" Barnes jun I Sam' Clark I John Chamberlain 7 Cap' Taggart II Joseph Miller 6 David Moor 7 Joel Adams 6 James Moor 4 Abraham Amsdon 7 Jaremiah And'"' 3 Benjam Becon 6 Reuben Cummings 7 Aaron Colman 6 Total 175. 17s Soles in Peterborough Slip. census of 1786. 667 PETERBOROUGH. To the Secratary of the State of NewhamP. Acording to the order of the General Court We have Numbred all the free inhabitant of the Town of Peterbor ough and we find the Whites to be 824. Blacks— 7— Slaves During Life. Alexander Robbe Nath' Evens Thomas Steele William Robbe jun RABY. Pursuant to the Requisition of the Gen' Court of the 3'^ of March last past We have carefully sought the Number of souls within the Town of Raby & find them to be 262 having no Indians nor Negro Slaves. Raby June — 1786. R. McDonell \ Selectmen True Return Pr. Rob' Sever [ of James Camp''' ) Raby. Hon' E. Thompson, Esq'^ Sec^. SALISBURY. June i^', 1786. In obedience to the Request of the General Court of the State of New Hampshire, we the subscribers have taken the Number of Inhabitants of Salisbury in said State and find there to be one Thousand and Forty Five souls therein contained. [1043] [Names appear to have been cut off. — Ed.] SOCIETY LAND. May 26'^ 1786. To the Secretary of the State of Newhampshire : S"^. Itwas Desired that we the Select men of Society 668 NEW HAMPSHIRE. should take an Exact account of the Inhabitants of s'^ Soci ety & send the same to you which Being Done & the num ber amounting to one hundred & fifty seven persons of men Women & Children [157.] Alexander Parker ) Selectmen Test Isaac Butterfield J of Society. SUTTON. State of New Hampshire | Prosuent to warm' to us de- Hillsborough SS. j rected for to number all the Peopel in the Town of Sutton we have carefully Numbered all the persons in s'' town which is three hundred and thirty Seven. [337] Caleb Kimball ) Select Witness our hands Asa Nelson j men for Sutten. [Note. Another return from Sutton, signed by Caleb Kimball, Dan iel Meker, and Asa Nelson, makes the number 333. — Ed.] TEMPLE. State of New Hampshire ) Temple, June 5"^ 1786. Hillsborough, SS. j To the Hon''' Secretary of State. In obedience to precept we have collected y® N" of souls, which are as follows : viz. N° of males, above Twenty one years 127 Do. males under Twenty one 225 Do. Females above Twenty one. 135 Do. Females under Twenty one 214 Total 701 Sam' Howard \ Select Caleb Maynard v men of Archelaus Cummings ) Temple. census of 1786. 669 WEARE. State of New Hampshire ) Hillsborough, SS. \ Pursuant to a Note of the General Court of said State — We the subcribers have taken the Number of the Peo ple in Weare to the amount of fifteen Hundred & seventy four. ^ [1574.] Dated at Weare June 2^ 1787. John Robie ^ Timothy Worthly > Selectmen Ithamar Eaton ) WILTON. To the Hon''' Ebenezer Thompson Esq'' Secretary for the State of New Hampshire — Agreable to Directions received, we have taken the Number of the Inhabitants of the Town of Wilton, the amount of which is lOOi White and 5 Black William Abbot jr ) Selectmen Jonathan Burton ) of Wilton, Wilton, May i«' 1786. 670 NEW HAMPSHIRE, [Summary for Hillsborough County. — Ed ] Towns. Whole Number. Other persons. Acworth, 482 I black. Alstead, 943 Amherst, 1,912 Andover, 410 Antrim, 289 Bedford, 778 7 " ofthe other class." Boscawen, 827 4 negroes. Charlestown, 968 Chesterfield, 1. 535 Cornish, 605 Derryfield, 338 Dunbarton, 741 Dunstable, SS4 " other sex's none." Duxbury and Mile-Slip, 140 Fishersfield (now Newbury) 217 Goffstown, 1,048 15 blacks. Hancock, 291 Henniker, 858 4 "black servants." Hollis, 1,421 2 Hopkinton, 1.536 I " other person." Mason, 866 Merrimack, 692 9 blacks. New Bradford, , 128 2 negroes. New Ipswich, 1,049 New London, 219 Nottingham West, 1,010 [itude." Peterborough-Slip, 175 " none bound to serv- Peterborough, 824 7 Raby, 262 Salisbury, 1,045 Society Land, 157 Sutton, 337 Temple, 701 Weare, 1. 574 Wilton, 1,001 S blacks. Total, 25.933 9 48 CENSUS OF 1786. COUNTY OF CHESHIRE. 671 CLAREMONT. To the Secretary of the State of New Hampshire. Whereas by a Resolve of the General Court of s"^ State of March 3"^ 1786, Requiring the Selectmen of the several Towns within this State to make a Return of the Inhabi tants of their several Towns by the second Wednesday of June next — Agreeable to s" Resolve the Inhabitants of Claremont as numbered are as follows — Males Females Slaves. Not inhabitants — Transient persons now residing in s* Town 487 427 3 Males 23 Females 25. CROYDON. Sir — pursuant to orders from the General Court of this State we have taken Number of the Inhabitants of the Town of Croydon free citizens and are under written, viz. Three hundred & Eighty one [381] Croydon, May 22"^ 1786. John Cooper ) Edward Hall > Selectmen Benjamin Powers ) To the Secretary of the State of New Hampshire. DUBLIN. May the 26"', 1786. In compliance to a Resolve of the General Assembly sent to us Respecting Numbering the Inhabitants &c. 672 NEW HAMPSHIRE. Accordingly we have taken their Number amounting , to No. 658. Attest — Reuben Mors \ John Muzzy > Selectmen Benjamin Learned ) To the Secretary of the State of New Hampshire FITZWILLIAM. To the Secretary of State of New Hampshire : In compliance to an Act of the General Court the Se lectmen of the Town of Fitzwilliam Have Proceeded and have Taken the Number of All the Persons Liveing in said Town of Every Age And we find there to Be Eight Hun dred and Seventy Persons All White People. [870.] John Fassett \ Selectmen Abner Stone > For Fitzwilliam Caleb Winch ) Fitzwilliam April 20"^, 1786. GILSUM. The Number of the souls that are in Gillsom are as fol- owes females from 16 and under 113 females from 16 too 21 16 females from 2 1 and upward 72 males from 16 and under 78 males from 16 too 21 7 males from 21 and upward. 78 One Black. 364 Jonathan Adams \ Timothy Dimmuck [ Selectmen Ebenezer Bill ) census of 1786. 673 HINSDALE. An Inventory of the Number of the Inhabitants of the Town of Hinsdale in the County of Cheshire & State of New Hampshire. 326 Number of all White & other Free cittizens, inhabit ants of every age, sex and condition. 4 Number of Slaves. Hinsdale May the 10"' 1786. Attest'd by Cyrus Shattuck ) Selectmen for Micah Rockwood ( Hinsdale. KEENE. Pursuant to the within resolve We the subscribers have taken an account of the Inhabitants of the Town of Keene and find their number to be eleven hundred and twenty two. 1122. May 30"' A. D. 1786. The number of the Inhabitants on the East side of the river is 614 — on the west side of the river there is 508=1 122. Dan' Kingsbury ) Selectmen Jeremiah Stiles J of Keene. LEMPSTER. State of Newhampshire. Pursuant to an order of the General Court of this State, dated March y® 3^ 1786, we the subscribers have Numbered all the inhabitants of the Town of Lemster and the whole number amounts to three hundred twenty & three, and there is not any not comprehended in the foregoing de scription. [323] Lemster May y« 29"' 1786 MARLBOROUGH. Agreable to the Resolve of the General Cort for taking 43 674 NEW HAMPSHIRE. the N" of the inhabitents of the Town of Marlborough wee find s^ Number to be six hundred and Eighteen of which wee make return. [6i8] Oliver Wright | Selectmen of Abijah Tucker J Marlborough Marlborough, May y" 25, 1786. MARLOW. State of New hampshire — town of Marlow. According to orders of the General Court We the Selec<-men have Numbered the men women and children of this town 252. Lemuel Miller 'i Selectmen Silas Mack > of Rufus Huntley ) Marlow NEW GRANTHAM. May !«' 1786 Number of the white and other free Scituzens including those Bound to Servitude for a term of years No. 201 Attest Nathan Young \ Eb"^ Stebens S Selectmen. Robart Scott ) NEWPORT. These are to certify that the whole Number of the Inhab itants of the Town of Newport is of White 552 and of Blacks 2. Certify by us Aaron Buel ) Selectmen Samuel Church > for Jesse Lane ) Newport. Newport June i«' A. D. 1786. PACKERSFIELD. Agreeable to a Requisition of the General Court of the census of 1786. 675 State of New Hampshier requiring the several Towns to make a Return of all the Inhabitants in their several Dis tricts to the Secretary's office of s*! State on or before the second Wednesday of June Next The Number of the Town of Packersfield Including all ages sexs and Denominations is 567 free citizens o Bond Slaves A True Return Atest Solomon Wardwell ^ Select Solomon Ingalls > men of Pelatiah Day ) Packersfield Packersfield May 31^' 1786. To the Secretary of the State of New Hampshier. PLAINFIELD. A Return of the Number of the whites and other inhab itants of the Town of Plainfield including those bound to servitude for a number of years. N° 580. Attest— Benjamin Chapman 1 Champin Spalding > Selectmen David Perry j Plainfield May y" &^ day 1786. PROTECTWORTH. Jun 6'"' 1786. According to order Received from Corte We have took Down the Number of Sols wetch mounts In the holl 127 free citizens Abraham Sanborn J Selectmen Nath' Clark > of Sam' Clay ) Protectworth. 6y6 NEW HAMPSHIRE. RICHMOND. May y 6'" A D 1786. these may Cartify that there is one thousand two Hun dred and fifty of white and other free citizens Inhabitants in said Richmond and none of any other Denomination. [1250] Jedidiah Buffum ) Selectmen Rufus Whipple > of James Kingsley ) Richmond To Ebenezer Thompson Esq"^ Sec'ry of the State of New Hampshire. RINDGE. Cheshire SS. Pursuant to a Resolve of the Gen' Court of the State of New Hampshire, to us directed, we have taken the Number of the Inhabitants of the Town of Rindge, as therein Direct ed and find it to be seven hundred & fifty nine. [759] Rindge 18'" May 1786. SI Benj* ] Asa Si Foster ) Selectmen lERWiN \ of Rindge. rODDARD Men eighteen years of age and upwards Women eighteen years of age and up wards Boys under eighteen years of age Garls under eighteen years of age Slaves None 130 113 169 I S3 0 Total footing of the whole Number is 563. In obedience to an Act Passed March y® 3"* 1786 Re quiring the Selectmen to make Return of all the Inhabitants census of 1786. 6yy within their Respective Districts to the Secretary of this State the Return of the Inhabitants of the Town of Stod dard is as above mentioned. From your most obedient Hum'' Serv** Edmund Ingals ) c 1 ^ Peter Wright f^i'-^f^^ Ward Eddy Y^ Stoddard. SWANZEY. April 20"', 1786, State of New Hampshire. Agreable to a Requisition of the General Court of the 3^ of March last We have numbered the Inhabitants of said Swanzey of every age sex & condition, and find the whole number to be one Thousand. N. B. There are no slaves in said town. Attest Calvin Frink \ Selectmen Isaac Hammond \ of Swanzey. UNITY. June 5'" day 1786 Cheshire SS. Pursuant to the within Resolve we have Taken the N» of the Inhabitants of the Town afores** which is 404 — as witness our Hands. Nath' Huntoon \ Selectmen Amos Chase > of Matthias Bartlett ) Unity. WASHINGTON. May 30'" 1786. A Return of the number of Ratable Polls and other In habitants of the Town of Washington afores** viz. Polls 109 Boys 131 Females 234 In all 474. David Danforth \ Eben"^ Woods > Selectmen Josiah Gilbert ) 678 NEW HAMPSHIRE. WESTMORELAND. A Return of the Number of the Inhabitants of the Town of Westmorland. In obedience to the request of the General Assembly of this State We have taken the Number of the Inhabitants of the town of Westmorland of all sects and denomina tions and find the Number to be one thousand six hundred & twenty. [1620.] June the 12'" day 1786. George Aldrich \ Selectmen Nathan Franklin > of Nathaniel Wilbore ) Westmorland To the Secretary of the State of Newhampshire. WENDELL. June y« 5 AD. 1786 Honoured Sir — We Rec'd A Request from you to Num ber the people of all sects and conditions and Kinds and A Cordingly We have been and Numbered Them and find thir is one Hundred and Ninety five of the Hole — 195 Elijah Woodward j Selectmen ¦ Job Clap \ of Joel Bailey ) Wendell WINCHESTER. A Return of the Number of Inhabitants in the Town of Winchester taken by the selectmen of said Town according to a late act of the General Cort for that purpose, are as foiloweth. N° White Inhabitants 1 100 N*'of Blacks 3 Winchester May 15'" 1786. Daniel Ashley \ Jeremiah Pratt v Selectmen Asahel Jewell ) census of 1786. [Summary for County of Cheshire. — Ed.] 679 / Towns. Whole Number. > 55 Other persons. Claremont, 914 3 48 " transcint persons." Croydon, 381 Dublin, 658 Fitzwilliam, 870 Gilsum, 304 I black. Hinsdale, 326 4 Keene, 1122 Lempster, 322 Marlborough, 618 Marlow, 252 New Grantham, 201 Newport, SS2 2 blacks. Packersfield, 567 Plainfield, 580 Protectworth, 127 Richmond, 1250 Rindge, 759 Stoddard, 563 Swanzey, 1000 Unity, 404 Washington, 474 Westmoreland, 1621 Wendell, 19s Winchester, IIOO 3 blacks. Total, 15,160 7- S4 .COUNTY OF GRAFTON. ALEXANDRIA. Agreeable to an order of Court to us Directed we have taken the Number of Souls in Alexandria-^the total of which is Two Hundred and Ninety one. 291 David Atwood ) Select Joshua Taylor J men Dated Alexandria June y^ 1786. To Hon"' the Secretary. 680 NEW HAMPSHIRE. BATH. Agreable to a Resolve of Court for Numbering the In habitants of the State. The following are the Number of Inhabitants of the Town of Bath. N" of Persons 335. Jeremiah Hutchins ) Selectmen Ezra Child > for Henry Hancock ) Bath. Given under our hands at Bath June 3** 1786. CAMPTON. May 31" 1786 A return of the inhabitants in the town of Campton con formably to the resolve of the General Court passed March 3** 1786. Whole number of white and other free citizens 307 Other persons not comprehended in the forego ing description o Attest Moses Baker \ Samuel Holmes > Selectmen John Southmayd ) Eben' Thompson, Secretary. CANAAN. April y^ 28 : 1786. The Number of inhabetents of the Town of Canaan one Hundred fourty tow males one Hundred & Eleven females 253 William Richardson i o r .. Jehu Jones ^ Selectmen. CARDIGAN. State of New Hamp- ) To Secretary of said State shire Grafton SS. j This may Certify that we the sub scribers Have taken in the List of all the people old and census of 1786. 681 young of Cardigan fifty males— Thirty females Ratable poles seventeen. Total Eighty. Cardigan, May y" 20 A D 1786 Atest Jabez B. Barney Total of the people in the Wm. Arwen Town of Cardigan 80. Thomas Miner COCKERMOUTH. To the Secretary of the State of New Hampshire. The following is the N° of the Inhabitants of the town of Cockermouth. viz. 63 mails Eighteen years & upwards. 91 mail children 1 27 women & f email children Total 281 Ebe"^ Kendall "i Tho' Nevins > Selectmen June 17"' 1786 Nehemiah Hardy ) N. B. The above has been ommitted on the account that we have had No orders from Court. GUNTHWAITE [or Concord.] State of New Hampshire ) Concord alias Gunthwaite April Grafton SS. ) i, 1786. In pursuance to an order of the General Court of said State passed at their last session, to number the people in said Town, we have this day numberd them in this Town according to the ten nor of said act, and there appears to be one Hundred & fifty two. [152] Sam' Young ) Selectmen John Young > of said Josiah Bishop ) Town. 682 NEW HAMPSHIRE. DORCHESTER. The Number of Inhabitants in the Town of Dorchester amounts to one hundred and sixteen. ["6] Attest John Woodworth ) Selectmen Joseph Burley \ for Dorchester. Dorchester June first, 1786. ENFIELD. State of New Hampshire | Grafton SS. \ Pursuant to a Resolve of the Hon'''^ General Court for s** State We the subscribers have numbered the Inhabitants of the Town Enfield and find the number to be four hundred & Eighty four it being the whole number of white & other free citizens of exery age sex & condition. [484] Attest Jesse Johnson ) Select Levi Webster ) men Enfield March 9'^ 1786. Hon"'^ E. Thompson Esq. GRAFTON. A Return pf all the inhabitants of the Town of Grafton of every sex and condition are 350 Servants bound out for a term of time are 4 [354] A True an a Count Hezekiah Bullock J Selectmen Atest pur Us Ebenezer Hoyt > of Oliver Williams ) Grafton. HANOVER. To ... . Secretary of the State of New Hampsheir the amount of the number of White Inhabitants and oth er free citizens of the Town of Hanover is Eight Hundred census of 1786. 683 sixty six. And also those not comperhened in the forego ing class amounts to four l^^^ Sam' Slade ) 4 Otis Freeman \ Selectmen Stephen Benton 1 870] ' Hanover June y^ 4"* 1786. HAVERHILL. State of New Hampshire ) Grafton SS. \ This is to certify that there was four Hundred & fifty Eight Inhabitants in the Town of Haverhill in said state the first day of A-pril 1786. [458] April 1786. Andrew S. Crocker ) Select Men Nat«' Merill ( of Haverhill LANCASTER. State of New Hamp- ) The Number of all the free citizens shire Grafton SS. \ of every sex and condition in the Town of Lancaster taken April 26"' 1876. Whole Number of all the souls being 102. Edw** Buckman \ David Page i Selectmen Emmons Stockwell ) To the Secretary of the State of New Hampshire. LEBANON. Pursuant to a Resolution of^he Hon'''^ the House of Rep resentatives of the State of New Hamp"^ & Read & Concurred the same day by the Hon''' Senate : that the Selectmen of the several Towns, districts & parishes within said State make a Return of all the Inhabitants within their respective districts to the Secretary of s** State on or before the Sec** Wednesday in June next, viz. the whole number of white 684 NEW HAMPSHIRE. & Other free citizens inhabitants of every age, sex & con dition including those bound to servitude for a term of years : & also all other persons not Comprehended in the forego ing description, except Indians Not "paying Taxes. Where fore in conformity to said Resolve, we y* subscribers have taken an exact account of the inhabitants of the Town of Lebanon in the County of Grafton in s** State, Which is as follows, viz. Whites &c included in the foregoing description 841 Persons not included in s* description 2 [843] Nath' Wheatley ^ Attest James Crocker > Selectmen. Nathaniel Hall, jun ) Dated in said Lebanon May 23** a d. 1786. LYMAN. Lyman May 27 — 1786. In obedence to a Resolve of the hous of Representatives of march the third 1786 We the Subscribers have num bered the full of all the inhabitants of s** Lyman the number is as folows one hundred and sixteen. [116] Nathan Hodges ) Solomon Parker > Selectmen Job Moulton ) To E. Thomson Sectrey. LYME. May y® 29"' 1786. A Return of the Number of inhabitants of the Town of Lyme. . . .is p. 490 A Return of those not included in the former part of the said Act 12 [502] Test Shubal Dimack J Select Joseph Skinner \ men Walter Fairfield, jun ) Lyme census of 1786. 685 NEW CHESTER. Pursuant to a Resolve of the General Court Pas'** March ye ^d j^gQ * * * * T^QQ j.jjg subscribers have taken an exact account of the number of white and other free cit izens Inhabitants of every age, sex and condition Belonging to the town of New Chester and the Number is as follows The males are in number two hundred & fifty four and the number of females is two hundred and forty two. Carr Huse ) Selectmen Peter Sleeper > for Tho° Crawford ) New Chester New Chester, April y" 17"' 1786. Number of males 254 Number of females 242 Sum total 496. NEW HOLDERNESS. Grafton SS. May 10'" 1786 Agreeable to a resolve of Court requiring a return to be made of the number of inhabitants in each town, we the subscribers selectmen of said New Holderness do hereby certify that is Two hundred & sixty seven free citizens in said town & no more, seven of which are transient persons. Attest- Mich' Dwyer j Selectmen. Geo. W. Livermore J 260 inhabitants 7 transient persons 267 ORFORD. State of New Hampshire j^^q jst j^gg Grafton SS. Agreeable to a Resolve of the General Court of said State directed to the Selectmen of the Town of Orford 686 NEW HAMPSHIRE. aforesaid dated March 3^ 1786 directing them to Return the N" of the citizens &c. in said town, we have proceeded and make Return as follows, to wit — 363 Inhabitants of different ages & sexes, eighth white transient persons & five ne groes. Theo"^ Dame ] 363 Dan' Tillotson, jun > Selectmen 8 Nath' Rogers ) S [376] PIERMONT. Pirsuant to Orders Receiv'd we have Numbered the Peo ple and thair N° is as follows Males 183 Noah Foord 1 Females 170 Azariah Webb > Selectmen Male Negroes 003 Thomas Richards ) 356 Piermont, May 1=' 1786 Joseph Pearson Esq"^ Sec'ry PLYMOUTH. We the subscribers Selectmen of the Town of Plymouth in the County of Grafton and State of New Hampshire have 'pursuant to Requisition Numbered the inhabitants of said Plymouth and find the whole number of white Sz; other free citizens Inhabitants of every age sex and condition includ ing those bound to servitude for a number of years to be five hundred twenty & eight, also four other Inhabitants not included in the above. Plymouth, first day of June 1786. 528 4 Sam' Emerson ) c ^ ^ William George Selectmen Eb"^ Thomson Esq'^ Secretary of the State. census of 1786. 687 RUMNEY. We the subscribers having numbered the Inhabitants of the Town of Rumney of every age, sex and condition find there to be three hundred and fifty nine persons Rumney May y® 30"' a d 1786. [359] Abrah™ Burnham \ Charles Clark V Selectmen. Dan' Brainerd jun. ) N. B. The above men tioned number are free citizens THORNTON. 16"^ May 1786 A return of the inhabitants in the town of Thornton conformable to the resolve of the General Court passed March 3^ 1786. Whole number of White and other free citizens 295 Other persons not comprehended in the forego ing description, 7 Total 302 John Brown ^ David Lindsay > Selectmen E. Thompson, Esq. Moses Foss ) WENTWORTH. June y« 3^ 1786. This is to sertifle that there is in this town Inhabitants of all sex age and conditions to the number of one hundred 688 NEW HAMPSHIRE. and sixty Eight as numbered by us in the month of April Last. 1 68. Attested by us — John Aken J Selectmen Benj* Cotton > of Joseph Cooper j Wentworth N. B. There is none in town for the second column. [Summary for the County of Grafton. — Ed.J Towns. Whole Number. Other persons. Alexandria, 291 Bath, 335 Campton, 307 Canaan, 253 Cardigan, 80 Cockermouth, 281 Gunthwaite, 152 Dorchester, 116 Enfield, 484 [a term of time. Grafton, 35° 4 servants bound out for Hanover, 866 4 "not comprehended" in other classes. Haverhill, 458 Lancaster, 102 Lebanon, 841 2 " not included," &c. Lyman, 116 Lyme, 490 12 "not included." New Chester, 496 New Holderness, 260 7 transient persons. Orford, 363 5 negroes. 8 transient persons. Piermont, 353 3 male negroes. Plymouth, 528 4 others. Rumney, 359 Thornton, Wentworth, 168 7 other persons. Total, 8,344 0 S6 CENSUS OF 1786. 689 [Summary ofthe Census of 1786 by Counties. — Ed.J en a & Counties. B i Free inhabi tants. Others. Rockingham, V 32,138* 21 18s Strafford, 18 13.877 9 8 Hillsborough, 3S 25.933 9 48 Cheshire, 24 15,160 7 6 Grafton, 24 8,344 0 S6 Total, 138 95,452 46 303 Errors excepted. * By error, this number, on page 651, is printed 48,431 — which please correct. Readers will also notice that the number of towns returned from Rockingham county in 1786 is five less than in 1773. — Ed. 44 APPENDIX. [Supplementary to Vol. I, pp. 4-40.J CONTAINING A COPY OF I. The Grant of the Province of Laconia to Sir Fer dinando Gorges and Capt. John Mason, Nov. 17, 1629. II. The Squamscott or Hilton's Point Patent, March 12, 1629 (O. S.).* III. The Dover Combination, with the names of all the original signers, October 26, 1640. IV. Letter from Capt. Thomas Wiggin to Sir John Cooke, Nov. 19, 1632.1 *This date (O. S.) corresponds with March 23, 1630 (N. S.). — Ed. ¦j- Nos. I, III, and IV are copied from the "Transcripts of Original Documents in the English Archives relating to the early history of New Hampshire, edited by John Scribner Jenness." — Ed. Note by the Editor. The papers contained in this Appendix are of great value in relation to the early history of New Hampshire. They are here inserted, under the advice of His Excellency Gov. Prescott, as supplementary to the Ancient Grants, contained in Vol. I, Provincial Papers N. H., pp. 4-40. Readers of that pordon of Vol. T must have perceived that there was a want of distinct historic statement respecting both the Squamscott or Hilton's Point Patent and the Grant of the Province of Laconia. Of the latter, especially, nothing exact and definite was known. Dr. Belknap, in the first volume of his History of New Hampshire, chapter i, had fallen into a great mistake in calling the grant to Sir Ferdinando Gorges and Capt. John Mason of August 10, 1622, by the name of the Province of Laconia. The proper name of that Grant, as appears by the late publi cation of it, was the Province of Maine.* In consequence of that error in Dr. Belknap, confusion was introduced into subsequent parts of our history. The Grant of the Province of Laconia was nbt made till seven years subsequent to that bearing date August 10, 1622. The copy of this Grant, as herein published, was made from the original in the English archives in London, 1874, under the supervision of John S. Jenness, Esq., of New York, formerly of Portsmouth, N. H., and may be relied on as of unquesdonable authority. The copy of the Dover Combination and of the letter of Capt. Thomas Wiggin was also made by the same hand. The Squamscott Patent, as it is called, was known by historians to have been in existence ; but as a copy of it could nowhere be found, uncertainty was attached to the date, the conditions, and the bounds of it. But fortunately a copy of it was discovered "by Hon. Charles H. Bell, president of the N. H. Historical S#:iety, among ancient files of the superior court in Exeter, in the spring of 1870. It was filed with other court papers in a bundle superscribed Allen v. Vaughan. An ex act copy of it, as found by Mr. Bell, was made by the editor, and is herein published. f *See Prov. Pap. N. H., Vol. I, pp. 10-16. Mem. Vol. Popham Cel ebration, Appx., p. 121. — Ed. t A copy of this patent was sent to the N. E. Geneal. and Historical Society, Boston, and printed in the July number of the Register, 1870. —Ed. APPENDIX. 693 Readers will please notice that the Laconia Grant and the Squamscott Patent both have an important bearing on the question of the validity of the Wheelwright Indian Deed (so-called),— see Vol. I, Prov. Pap., pp. 56-60, — inasmuch as that deed, dated May 17, 1629, antedates them both, one by six months and the other by ten months, presenting the strange anachronism of Walter Neale and Thomas Wiggin witnessing the delivery of that deed in their official character before the Laconia Company was formed, before the Grants under which it was pretended they acted were made in England, before either of them received their appointment, more than a year before either of them was in this coun try, and even about seven years before the Rev. John Wheelwright ar rived hither, which was in May, 1636. COLONIAL ENTRY BOOK. Vol. 59, pp. 115-121. [No. I.] (1629, November 17.) The Grant of the Province of Laconia to S'' Ferdinando Gorges and Capt' Jn" Mason, 17"' Nov"^ 1629. This Indenture made y" Seaventeenth day of November Ano Domi 1629. 5'" of Charles Between y" President & Councell of New England on y« one partie Sz: S'' fferdinan- do Gorges of London Knt Sz; Cap' John Mason of London Esq'^ on y« other partie Wittesseth y' whereas King James for y^ making of a plantacon and establishing of a Colony or ¦ Colonys in y^ Country called or known by y" name of New England in Americka did by letters pattents bearing date 3''** November 18'" of his reign grant unto y« right hon'"^ Lodo- wick Duke of Lenox George marques of Buckingham James Lord Marques of Hamilton Thomas Earle of Arundel Rob ert Earle of Warwick S'^' Ferdinando Gorges Knt St divers others whose names are expressed in the said letters pat tents their heires and assigness and that they shall be known by the name of the President Si. Councell established at Ply mouth for planting &c of New England in America Did grant unto the President ^ Councell 8c their Successors All that part and porcon of yt Countrey now comonly called New 694 appendix. England Sec Sec to have and possess the same to them their successors for ever to be holden of his majesties manor of East Greenwich in y" County of Kent in free and comon soccage S: not in Capite or by Knights service Yeelding and paying to his Majesty the s"* part of all gold Sc silver oare that may be obtained from the same. Now this Indenture wittnesseth y' y^ sd president 8i Councell of their full free Sz: mutuall consent as well to y" end y' all y^ lands woodes lakes loucks rivers watters Is lands Sz: fishings with all other y" traficques proffits Sz: com odityes whatsoever to them or any of them belonging and hereafter in these p"*^ menconed may be wholy Sz: intirely invested appropriated severed Sz: settled in & upon y" s** S"^ fferdinando Gorges & Cap' John Mason there heires Sz:c for ever, for the advancem' of y" sd plantation and other good and Sufficient causes Sz: considerations them especially there unto moveing have granted &c unto y" sd S"" fferdinando Gorges and Capt John Mason their heirs Sc assignes Sz: to their Associates & such as they shall alow of Sz: take in to adventure Sc joine w"' them in their plantacons traficques & discoveryes in y^ parts heereafter expressed and their heirs and assignes according to Contracts w"' them to be made All those lands Sz: Countrys lying adjacent or bordering up on the great lake or lakes or rivers commonly called or knowen by y® name of y" river & lake or rivers & lakes of y* Irroquois ar nation or nations of salvage people inhabiting up into y^ landwards betwixt y" lines of west Sz; North west con ceived to passe or lead upwards from y" rivers of Sagada hock Sz; Merrimack in y" Country of New England afores** Together also w'" y" lakes Sz; rivers of y" Irroquois & other nations adjoyning y' midle part of w""* lakes is scittuate & lying neerabout ye latitude of fourty four or fourty five degrees reckon'd from ye Equinoctial line North wards as alsoe all ye lands soyls & grounds w*" in tenn miles of any part of ye said lakes or rivers on y" South or East part thereof Sr from y'= west end or sides of ye sd lakes & rivers, soe farre forth to ye west as shall extend halfway into y^ next great lake to ye Westwards & from thence Northwards unto ye North side of y® maine river w"'' runeth from y" great Sz: vast Westerne lakes Sz: falleth unto y^ river of Canada, including all y« Islands w*" in ye precinct or per- ambulacon described As alsoe all y» lands sole grounds havens ports rivers mines mineralls pearls S: pretious Stones appendix. 69s woods Quarrys marshes watters fishings hunting hawing fowling trade Sc traficque w"* y« Salvages & other como dityes 8c hereditam'^ w'sover w"' all Sc singular their appur tences together w'" all prerogatives rights royaltys Juris- dicons priviledges franchises preheminences libertyes Ma rine power in Sc upon y« sd rivers Sz: lakes As alsoe all escheats Sz: casualtys therof as flotson Jetson Sz: lagon w"* anchorag's 8c other such dutys imunityes * * * & ap purtences w'soever w'" all ye Estate right title interest claime Sz: demand w'soever w"" ye sd President Sz: Councell Sc their Successors of right ought to have or claime in or to y« sd porcons of lands rivers Sz: lakes & other y« premises as is afores** by reason or force of his Highness sd letters pat tents in as free large ample & beneficiall maner to all in tents constructions Sz: purposes w'soever as in & by y® sd letters patents y'= same are amongst other things granted to y® sd president Sz: Councell aforsd Except two fifths of ye oare of Gold & Silver in these pnts hereafter expressed w*''' sd porcons of lands rivers & lakes w'" ye appurtenances ye sd S' fferdinando Gorges Sz: Cap' John Mason w"" ye consent of ye President & Councell intend to name ye Province of Laconia. To have Sc to hold all the sd porcons of land &c &c. unto ye sd S"^ fferdinando Gorges & Cap' John Mason their heires Sec for ever. To be holden of the Manor of East Greenwich in ye County of Kent in free Sz; comon soc- coge & not in capite or by Knights service. Neverthelesse w'" such exceptions reservations limitations & declarations as in the sd letters Pattents are at large expressed Yeelding & paying unto the King his heirs Sc successors ye fifth part of al ye Oare of Gold & Silver that shall be gotten from the same, Sz;c «***«* * ******* And y" sd President Sz: Councill for themselves & their Suc cessors doe further covenant & grant to & w"" ye sd S'' ffer dinando Gorges Sz: Cap' John Mason their heires Sz: assignes & associates & by those pnts y' it shall 8c may be lawfull at all times hereafter to Sz: for ye sd S'^' Ferdinando Gorges and Cap' John Mason their Heires Sc assignes Sz: their as sociates & y" Deputyes factors servants Sz; tenants of them or any of them to have free Egress way & passage to enter Sc pass into Sz: returne from Sc to any of y" sd demised lands lakes & rivers w"" their Shipps boates barkes or other Ves sells w"" their munition Sc their Cattle and commodityes of 696 APPENDIX. w' nature soever from by Sz: through any of ye lands rivers harbours creeks or Sea Ports upon y^ Sea Coasts or fron teer parts of New England afores** belonging to y® President Sz: Councell afores** w'" out any lett trouble interrupcon moles- tacon or hinderance of them y^ sd President Sc Councill their successors or assignes or of any other person or persons claiming under them or by their means or procurem'- And for y® better accomodacon of them y® sd S"^ Ferdinando Gor ges & Cap' John Mason ther heires assignes Sz: associates in their intended trafiques Sc plantacons above in y® sd lakes of y" Irrequois whither their goods Sz: marchandizes from y' sea ports are to be after landing transported it shalbe lawfull for y"" to make choise of Sz; take and possess for the use of ym ye gjj gi' Ferdinando Gorges Sz: Cap' John Mason their he'res assignes St associates and their Deputyes ffactors tennants 8c planters of their Colonyes in any of y® ports har bours or Creeks in New England lying most comodious for their passage up into ye sd Lakes One thousand acres of land upon ye side or sides of such harbors ports rivers or Creekes where ye same is not yet disposed of to any other persons by ye sd President St Councill 8c ye sd lands by y"" shalbe holden possessed Sc enjoyed as freely St with as ample privileges Jurisdicons St comodetyes in all respects as any other y" lands above in these pnts demised Sc granted unto them Sc further knowe yee y' y" sd President Sc Councill have made constituted deputed authorized Sc appointed St in their place St stead doe put Edw : Godfrey or in his absence to any other person y' shalbe there Goverrio' or other Officer to y" President Sc Councell to be their true St lawfull Attorney St in their name and stead to enter y® sd porcon of land St other premises w"' their appurtences or unto some part thereof in name of y" whole and deliver pos session Stc, Signed, sealed Stc the day and year above written. APPENDIX. 697 THE SQUAMSCOTT OR HILTON'S POINT PATENT. [From a copy in the files of the Superior Court, in Exeter [No. IL] N. H.— Ed.] To all Xsian People to whome these p®sents shall come. Greeting, Whereas our late Soveraigne Lord King James for the Advancem' of a Colony and plantacon in the Coun try called or known by the name of New England in America, hath by his highnesse Letters Pattents under the Great Seale of England bearing date at Westm'' the third day of November in the Eighteenth yeare of his highnesses Reigne of England Ffrance and Ireland, and of Scotland the ffour and ffiftyeth, absolutely Given Granted and Con firmed unto the Right Hon**'® Lodowick Lord Duke of Lenox George Lord Marquess of Buckingham James Mar quess Hambleton Thomas Earle of Arundell Robert Earle of Warwick S' ffardinando Gorges Knight Sc diverse others whose names are expressed in the said Lres pattents and to their successors for ever under the limitacons reser- vacons St declaracons as in the said Letters pattents is Ex pressed all that part and porcon of the said Country of New England in America scituate lying and being in Breadth from fforty degrees of northerly Latitude from the Equi- noctiall Line to fforty eight degrees of the said northerly Latitude inclusively and in Length of and in all the Breadth aforesaid throughout the maine Land from sea to sea together alsoe with all the ffirm Lands, Soyles, Grounds, Creeks Inletts, bavins. Ports, Rivers, Seas, Iclands Waters ffishings mines and mineralls, as well Royall mynes of Gold and Silver as other mynes Sc mineralls — pretious Stones, Quarries and all and singular the Comodities, Jurisdiccons, Royalties Priviledges ffranchises and p' heminences what soever both within the said Tracts of Lands upon the Maine, as alsoe within the said Islands and Seas adjoyning as in and by the said Letters pattents amongst sundry other priviledges and matters therein contained, more fully and at large it doth and may appear — Now know yee That the said President and Councell by Virtue Sc authority of his Maj"^ said Letters Pattents, and for and in consideracon that Edward Hilton Sc his Asso ciates hath already at his and their owne proper costs and 698 APPENDIX. charges transported sundry servants to plant in New Eng land aforesaid at a place there called by the natives We- canacohunt otherwise Hilton's point lying some two leagues from the mouth of the River Paskataquack in New England aforesaid where they have already Built some houses, and planted corne. And for that he doth further intend by Gods Divine Assistance, to transport thither more people and cattle, to the good increase and advancem' St for the better settling and strengthing of their plantacon as also that they may be the better encouraged to proceed in soe pious a work which may Especially tend to the propagacon of Religion and to the Great increase of Trade to his Maj"^ Realmes and Dominions, and the advancement of publique plantacon, Have Given Granted Enfeoffed and Confirmed, and by this their p'sent writing doe fully clearly and abso lutely Give Grant enfeoffe and Confirme unto the said Ed ward Hilton his heires and Assignes for ever, all that part of the River Pascataquack called or known by the name of Wecanacohunt or Hilton's Point with the South side of the said River, up to the ffall of the River, and three miles into the Maine Land by all the breadth aforesaid, Together with all the Shoares Creeks Bays Harbors and Coasts, alongst the Sea within the limitts Sc Bounds aforesaid with the woods and Islands next adjoyneing to the said Lands, not being already Granted by the said Councell unto any other person or persons together alsoe with all the Lands Rivers Mines Mineralls of what kinde or nature soever, woods Quarries, Marshes, Waters, Lakes ffishings. Huntings, Hawkings, ffowlings, Comodities Emolum'* and heredita ments whatsoever withall and singular their and every of their App*^ in or within the limitts or bounds aforesaid, or to the said Lands lying within the same limitts or Bounds belonging or in any wise appertaining, To have and to hold, all and singular the said Lands and p'mises, with all and singular the woods Quarries Marshes, waters. Rivers, Lakes, ffishings, ffowlings, Hawkings, Huntings, Mynes, mineralls of what kynde or nature soever, priviledges, Rights Jurisdicons Libbertyes Royalties and all other proffits Comodities Emoluments and hereditaments whatr soever, before in and by these p'sents Given and Granted, or herein meant intenconed or intended to be hereby Given or Granted, with their and every of their app*^ and every part and parcell thereof (Except 'before Excepted) unto the APPENDIX. 699 said Edward Hilton his heires, Associates and Assignes forever to the onely proper use and behoofe of the said Ed- ward_ Hilton his heires. Associates St Assignes for ever, yielding and paying unto our Soveraigne Lord the King one ffifth part of Gold and Silver Oares, and another ffifth part to the Councell aforesaid and their successors to be holden of the said Councell and their successors by the rent hereafter in these p'sents Reserved, yielding and paying therefor yearly for ever unto the said Councell their successors or Assignes for every hundred Acress of the said Land in use the sume of twelve pence of Lawfull money of England into the hands of the Rent gatherer for the time being of the said Councell y"^ successors or Assignes for all services whatsoever, And the said Councell for the affairs of New England in America aforesaid. Doe by these p'sents nomi nate Depute, Authorize appoint and in their place and stead put William Blackston of New England in America afore said Clerk William Jeffries and Thomas Lewis of the same place Gent and either or any of them Joyntly or severally to be their true and Lawfull Attorny or Attorneys and in their name and stead to enter into the said part or porcon of Land, and other the p'mises with the app*^ by these p'sents Given and Granted or into some part thereof in the name of the whole, and peaceable Sc quiett possession and seisin thereof for them to take and the same soe had and taken in their name and stead to deliver possession Sc seisn thereof unto the said Edward Hilton his heires Associates and Assignes, according to the tenor forme and effect of these p'sents Ratifieing Confirmeing and allowing all and whatsoever the said Attorny or Attornyes, or either of them shall doe in or about the p'mises by virtue hereof. In Witnesse whereof the said Councell for the affaires of New England in America aforesaid, have hereunto caused their com'on Seale to be putt the twelfth day of March Anno Dmi 1629, And in the fifth yeare of the Reigne of our Soveraigne Lord Charles by the Grace of God of Eng land Scotland ffrance and Ireland, defender of the ffaith Stc Ro : Warwicke. Mem**: That upon the 7"* day of July Anno Dmi 163 1 Annoq: R's.Caroli pri: Septimo: by virtue of a warr' of Attorny within menconed from the Councell of the affaires in New England under their Comon Seale unto Thomas 700 APPENDIX. Lewis he the said Thomas Lewis had taken quiett posses sion of the within menconed p'mises and Livery and Seisen thereof hath Given to the within named Edward Hilton in the p'sence of us. Vera Copia Efficit pr nos Thomas Wiggin. Tim : s Nicholas Wm. Hilton Pet Coppeer Sam' Sharpe James Downe Vera Copia Attest — Rich : Partridge, Cler. Endorsed Grant from the Councill of Plymouth to Edward Hilton of Lands in New Hampshire in New England dated the 12"" March 1629. for Hilton's Point And the south side of said River St to the falls* Allen vs. Waldron Feby 1704-5. NEW HAMPSHIRE PAPERS. Vol. 47. The Dover Combination.! [No. III.] (1640. October 20.) Whereas sundry Mischeifes and inconveniences have be fain us, and more and greater may in regard of want of Civill Government, his Gratious Ma"« having hitherto Setled no Order for us to our Knowledgp. Wee whose names are underwritten being Inhabitants upon the River Pascataquack have voluntarily agreed to combine our Selves into a Body Politique that wee may the more comfortably enjoy the benefit of his Ma"*^ Lawes And do hereby actually engage our Selves to Submit to his Roy al Ma""^ Lawes together with all such Orders as shalbee * Readers are referred, for further information on this matter, to Vol. I, Prov. Papers N. H., pp. 28, 29, and 223, 224.i-ED. t See Vol. I, Prov. Pap. N. H., p. 126.— Ed. appendix. 701 concluded by a Major part of the Freemen of our Society, in case they bee not repugnant to the Lawes of England and a|ministered in the behalfe of his Majesty. And this we have mutually promised and coficluded to do and so to continue till his Excellent Ma**® shall give other Order concerning us. In Witness wee have hereto Set our hands the two and twentieth day of October in the Sixteenth yeare of the Reign of our Sovereign Lord Charles by the grace of God King of Great Brittain France 8c Ireland Defender bf the Faith Stc. Annoqz Dom* 1640. John Follett Robert Nanney William Jones Phillip Swaddon Richard Pinckhame Bartholomew Hunt William Bowden John Wastill John Heard John Hall Fran. Champernoon Hansed Knowles Edward Colcord Henry Lahorn Abel Camond Henry Beck Robert Huggins Thom Larkham Richard Waldern William Waldern William Storer William Furbur Tho. Layton Tho. Roberts Edward Starr James Nute Anthony Emery Richard Lahaiii Bartholmew Smith Samuel Haines John Underhill Peter Garland John Dam Steven Teddar John Ugroufe Thomas Canning John Phillips Tho. Dunstar William Pomfret John Cross George Webb James Rawlins This is a true copy compared with y® Originall by me Edw Cranfield. (Endorsed) New England N Hampshire The Combi nation for Government by y" people at Pascatq (1640). Rec^ ab' 13"" Febr 82-3. COLONIAL STATE PAPERS. Vol. 6, No. 68. [Letter from Thomas Wiggin to Sir John Cooke.*] [No. IV.] (1632. Nov. 19.) Right hono'"^- Havinge lately bin in New England in America and taken notice both of some Comodities and advantages to this *See Vol. I, Prov. Pap. N. H., p. 83. Note.— Ed. 702 appendix. State w"*" that Contrie will afford, and there havinge visited the plantations of the Enghsh and amongs the rest that es pecially in the Mattachusetts (being the largest best and most prospering in all that land) I haue made boldfco in forme yo' hono' of some observations w*''' I have taken both of the Contrie and that Plantation. As for the Contrie it is well stored with goodly Timber and Masts for shippinge, and will afford Cordage, Pitch and Tarr and as good hempe and fflax as in any pte of the world, growes there naturally fitt for Cordage and sayles, whereof this kingdome will soone find the benefitt, if the plantacon proceed awhile weth out Discouragem' as hitherto it hath done. ffor the plantation in the Mattachusetts the English there being about 2000 people, yonge and old, are gen^y most in dustrious and fitt for such a Worke, hauinge in three yeares done more in buyldinge and plantinge, then others haue done in seauen tymes that space, and with at least ten tymes lesse expence. Besides I have observed the planters there, and by theire louinge just and kind dealinge with the Indians, haue gotten theire loue and respect and drawne them to an outward Conformity to the EngUsh, soe that the Indians repaire to the Enghsh Gouerno' there, and his Deputies for iustice. And for the Gouerno' himself I haue obserued him to bee a discreete, and sober man, giuinge good example to all the planters, wearinge plaine apparell such as may well beseeme a meane man, drinkinge ordinarily water, and when he is not Conversant about matters of iustice, putting his hand to any ordinarye labour with his seruants, ruling w"" much mildnes and in this pticular I obserued him to be strict in execucon of Justice, upon such as haue scandalized this state, either in Ciuill, or Ecclesiasticall goueruem' to the greate Contentm' of those that are best affected, and to the terror of offendo'^' Of all w*''^ I my selfe hauinge bin an eye witnesse am the rather induced to p' sent the same to yo' hono' to cleare the reputation of the plantation from certaine false rumo'^ and scandales, w*'" I p ceiue since my retorne to England some psons ill affected to the plantations there, haue cast abroad; as namely one S' Xhofer Gardiner, whoe leavinge two wiues here in England, went with another youge woman into New England, there, being discovred by letters from Eng- appendix. 703 land he was sepated from his wench. A second is one Moreton whoe (as I am Informed by his wifes soune and others) upon a foule suspition of Murther fled hence to New England and there falling out with some of the Indians, he shott them with a fowling piece, for w** and other misde- meano'^ upon the Indians complaint his howse by order of Court there, was destroyed and he banished the planta con. A third was one Ratcliffe whoe as I am Crediblie in formed, for most horible blasphemy was Condemned there to lose his eares, whoe with the former two, and some other the like discontended and scandalous psons, are lately returned hither, seekinge to Couer the shame of theire owne facts, by castinge reproaches upon the plantation, doe ad- dresse themselues to S' ffardinando Gorges, whoe by theire false informacons, is nowe piectinge howe to depriue that plantation of the previledges graunted by his Ma"® and to subuert their gouemm' the effects whereof wilbe the utter ruine of this hopefull plantation, by hindringe all such as would goe to them, and driuinge those alredy planted there, either to retorne, or disperse into other places, w*''' I leaue to yo' graue iudgm' my selfe being none of theire plantation, but a neighbour by, haue done this out of that respect I here to the gen''" good, I haue ben too breife in this relation in regard I feared to be ouer troublesome to yo' hono'^ Soe I take leaue and rest. The xix"" daye of Nouember .1632 Yo' hono" humble servant Tho Wiggin (Addressed) To the right hono*''® S' John Cooke kn' prin cipall Secretary to his Ma'® and one of his highnes most bono*"'® prince Councell these d (Endorsed) 1632. Nove** 19. Relation of Capt Wiggin of New England. FINIS. INDEX OF NAMES. The Index which follows is designed to contain the names o£ all the persons and towns mentioned in tliis volume, with the page on which found. The word passim indicates that a name is of very frequent occurrence, and need not in every instance he noted. New Hampshire towus are printed in small capitals. The editor has aimed to be accurate, but in such 'a multiplicity of names and figures he fears errrors may be detected. — Ed. Abbott, William 5, 19, 27, 35, 45, 60; Jr., 669. AOWOBTH 6, 28, 166, 238, 398, 400, 658 Adams, Aaron 630, 663 Benjamin 2, 13, 18, 631 Ebenezer 652 Ephraim, Jr 665 Jacob • 662 James 656 John 500, 628, 665 Jonathan 672 Nathaniel 619 Addison, Vt 205 Aken, John 688 Akerman, Benjamin 627 Albany county 244, 256 Albee, Abner 410 Aldrich, George 633 Alexandria 7, 166, 679 Alexander, Beuben, 27, 42, 45, 61, 394, 498, 633. Alld, David 26,41, 45, 60, 662 Allard, Henry 652 Noah 601 Allen, Aaron 6 ; Mr., 16 Ebenezer 379 Ethan, 282, 284, 287, 293, 296, 299, 306, 323, 329, 335. Heman 246 Ira, 253, 254, 291, 294,— notice of, 295,-329, 332, 335, 342, 343, 345, 394, 422, 426, 428, 4B1, 453, 461, 487, 577. Samuel 276 Mr 479 Allehstowh 3, 25, 39, 165, 625, 639 Aldrich, George 678 Alstbad, 5, 27, 166, 239, 394, 398, 400, 411,603,632,658. Alvord, Elijah 286 Ames, Jeremiah 663 Michael 549, 651 Stephen 630 Amhekst, 5, 26, 166, 512, 531, 583, 616, 630, 658. Amdovbk 5, 27, 166, 631, 659 Andover, Vt 205 Andrews, Isaac 630 Andros, Bildad 489 ANTRIM 5, 166, 669 Appleton, Isaac 665 Applin, Chas 633 Apthobp 277, 634 ArUngton, Vt 205, 399, 450 Arnold, Gen 464 Arwen, Wm 681 Ashley, Daniel 678 Oliver 394, 400 Samuel 394 Athens 399 Atherton, Joshua, 5, 16, 18, 19, 26, 35, 38, 42, 45, 64, 57, 60, 100, 102, 110, 143. Atkinson 3, 25, 165, 629, 625, 639 Atkinson, T., Sec 210 Samuel, Capt., 330 ; Col., 524 Atlee, Mr 342 ; Sam. J., 361 Atwood, David 679 Austin, Elijah 628 Nicholas 4, 19 Averill, Vt 206 Ayer,! Jno 647 Bachellor, Breed 633 Henry 645 Jethro 626 Nathaniel 625 Badger, James 662 Joseph, 3,— notice of, 10,-16, 19, 34 ; Col., 595, 603, 654. 45 Bailey, Asa 413 Favor 494 Brig. Gen., 261; Jacob, 324, 327, 336, 337, 339, 344, 377, 379. James 241,286,340; Jr., 340 Joel 678 Joshua 494 7o6 INDEX OF NAMES. Baker, Moses 625, 680 Balch, John 553, 554, 557; Mr., 592, 594 Baldwin, Benja., Jr 2''^' ?^S Ephraim 632 Thos 286 Col 604 Ball, Nath'l 630 Banyar, Geo ¦¦¦•243 Barnard, Vt 399 Barnard, Benjam 6o0 Moses 641 Barnet, Vt 206 Barney. Jabez B 681 BARK stead 4, 26, 166, 628, 652 Barrett, Charles, Capt., 5, 16, 19, 27, 35, 42, 45, 46, 60, 631. Isaac 410 Zadok 410 Mr 676 BARRINGTON 3, 25, 165, 529, 628, 652 Barron, Wm., Capt 26, 34, 41, 45, 60 Bartlett, Adam 410 Josiah, a,— notice of, 9,-12, 16, 18, 19, 241, 279, 287, 304, 338, 456-459, 461, 502, 561, 564-569, 577, 584, 687- 601, 606, 614, 619, 626. Matthias 677 Stephen 647 Thos 3,— notice of, 9,-18 Col ....477,646 Zadock 410 Barton, Ebenezer 625 Bass, Joseph, Maj 604 BATH.. .7, 29, 166, 240, 277, 398, 400, 634, 680 Baxter, Simon 503 Bean, Joshua 628 Nath'l 6, 19 Beck, Henry 701 Beckwith, Andrew 632 Bedel, Timothy, Col. .279, 303, 318, 388, 400, 619, 634. Bedford 5, 26, 166, 630, 669 Beede, Daniel 4, 18, 26, 34, 41, 45, 46, 69 D'd 629 Thomas 627 Belknap, Jeremy, Dr., 221,272, 486, 622, 692 Bell, Col 476 John 563, 630 Meshech 538, 612 Lt 605 Bellows, Benja., Gen., 6,— notice of, 11,-16, 18, 366, 383, 388, 394, 411, 422. 431, 440, 442, 466, 479, 491, 640, 642, 554, 566-569, 687, 593, 633; Jr., 633. Bennington, Vt., 204, 254, 317, 335, 384, 399, 419, 481. Benson, Eobert 249 Benton, Stephen 683 Berlin, Vt 206 Bernard, Vt 204 Berry, Joshua 647 Bethel, Vt 399 Bettan, James 3, 18 • Bickford, Thos 555 Mr 614 Bill, Ebenezer 672 Bingham, Elijab 439 Mr 465 Nathaniel 409, 432, 434, 435-472, 578 Theodorus 409 Bishop, Josiah 681 Bixby, Daniel 4, 19 Thomas 5, 19 Blackston, William 699 Blaine, Eph 508, 528 Blalce, Hezekiah 643 John 626 Philemon 644 Sherburn 645 Blanchard, Augustus 631 Jonathan 241 Joseph, 2, 18, 24,— notice of, 31,-41, 45, 46, 68, 95, 273. Mr 495 Maj 511 Bliss, Azariah 634 Blodget, Amos 409 Blood, Elnathan '. . .630 Fi-ancis, 446, 531, 532, 536, 545, 546, 550, 552, 563, 666-670, 695, 697, 602, 6U3. , Bolton, Vt 206 Bond, Geo 402, 406 Boscawen 5, 16, 27, 166, 330, 630, 659 Boudinot, Elias 406,609 Bounds of New Hampshire 419 Bouton, N., Kev 623 Bow 5, 27, 165, 625 Bowden , William 701 Bowdoin, James, Hon 520 Bowman, Jonas 630, * 633 Boynton, Joseph, Lt 634, 537 Brackett, George 24, 41, 45, 58, 642 James 654 Bradford 166 Bradley Stephen K 399, 423 Brainerd, Daniel 241, 635 ; jun., 687 Isaac 634 Brattleborough, Vt 204 Bredport, Vt 205 Brentwood 3, 25, 165, 613, 625 Bridgeman, John 393 Briggs, Eliphalet, jr 632 Brigham, Oliver 409 Beidgbwatbr 166 Bridgewater, Vt 204 Brittan, Ebenezer 633 Brockway, Woolston 239, 401 Bromley, Vt 205 Brooks, Benja 632 Sam 625 Brown, Elisha 627 John 687 Nathan 648 P., Lt 207 Phineas 409 W'y 634 Brownson, Mr 462 Brunswick, Vt 205 Bryant, David 627 Bucknam, Edw'd 683 Buel, Aaron 633, 674 Buffum, Jedediah 676 Bullock, Hezekiah 682 Moulton 633 Sawyer 400 Bundy, Lt 443 Buntin, Andrew 625 James 639 Burgoyne s 252, 380 Burley, Joseph 682 Burlington, Vt 206 * By error, "James."— Ed. INDEX OF NAMES. 707 Burnham, Abrah'm 687 Burt, Joseph 411, 465 Capt 578 Burton 4, 167, 274, 652 Bui'ton, Jona 631, 669 Butler, Benja 698, 626 Butler, Thaddeus 559 Butterfield, Capt 443 Isaao 668 Jas 631 John 662 Cady, Elias 632 Caldwell, Joseph 425, 428 Calfe, John. .3, 12, 18, 22, 26, 29, 33, 38, 41, 45, 59, 126, 141, 142, 152, 164, 282, 559, 625. Cajsibridge 166 Camden 630 Camond, Abel 701 Campbell, David 663 Campbl, James 667 Campbell's Gore 166 Campton 6, 166, 274, 634, 680 Canaan 7, 166, 235, 277, 634, 680 Canada 407 Candia 3, 25, 165, 625, 639 Canfield, Samnel 400, 632 Canning, 'Thomas 701 CANTERBURY 3, 25, 165, 274, 625, 640 Capron, Oliver 394, 633 Cardigan 7, 166, 235, 277, 398, 400, 680 Cargill, Wm 29, 42, 62 Carroll, Daniel 406 Carlton, Peter, Capt 29, 42, 45, 46, 62 Major 379 Carr. James 685 Moses 3, 18 Carrigain, Mr 273, 274 Cary, Wm 673 Cass, Daniel 400 Lewis, Gen 35 Castleton, Vt 205, 254, 399 Cates, James 629 Cavendish, Vt 205, 399 Chadwick, Edmund, Dr 3, 18 Chaloner & White 608 Chamberlain, Col 441, 443 John 631 Moses, Capt 5, 18 Thos 409 Champernoon, Fran 701 Chapman, Benjamin 633, 675 Chandler, Abel 236 Abner 286 Isaac 630 Zechariah 26, 34, 42, 45, 60 Thomas, jun 277, 280, 301 Charles, King, II 201, 207, 208 King, 1 701 Charlkstown, No. 4.. . .5, 27, 166, 226 365, 394,398, 400, 422, 455, 481, 545, 562, 603, 632, 660. Charlotte, Vt 205 county 244,246,261,256 Chase, Abner 633 Amos 633, 677 Jonathan, Gen., 6,— notice of, 11, — 18, 442, 506, 540, 554, 632. Moses 28, 42, 45, 61, 110 Samuel, 388, 398; Lt. Col., 638, 539, 581, 608, 632. Thomas 3, 19 Col. (of Cornish) 597 William 647 Cheshire Co., 166; namesof towns, 224, 632, 636, 671, 679. Chesley, Jona 4, 19 Joseph 654 Sam'l 628 Chester 2,24, 165,549, 625,640 Chester, Vt 204, 399 Chesterfield, 6, 27, 166, 239, 398, 400, 409, 411, 436, 466, 498, 632, 660. Chichester 3, 26, 166, 625 Child, Ezra 680 Jona 238, 327, 634 Maj 379, 400, 442, 508, 512 Chittenden, Thomas 246 Gov., 279, 2<2, 287, 293, 295, 302, 329, 333, 334, 343, 344, 366, 384,419, 422, 428, 460, 462, 485. Christy, Jesse 603, 604, 609, 631 Church, Samuel 674 Churchel, William 417 Cilley, Joseph, 25; Gen., notice of, 31, — 38, 41, 46, 59, 110. Clap, Job 673 Clapham, Charles 273 Claremont, 6, 28, 166, 394, 398, 400, 483, 512, 632, 671. Clarendon, Vt 205, 399 Clark, Charles 687 Daniel 627 Ebenezer 417 John 241,412, 416; Jr., 417 Jonathan 26, 39, 41, 45, 59, 417 Nathaniel 675 Peter 27, 42, 46, 60 Classon, Nehemiah 635 Clay, James 387 Samuel 675 Cleaveland, Elisha 241 Ebenezer 413 Clement, Peter 639 Clifford, John 639 Joseph 626 Clinton, George, Gov., 201-203, 211, 256, 268, 490. Clough, Benjamin... .3, 19, 26, 41, 45, 46, 59 .fere., Col 3, 19; Jr., 625 Jonathan 649 Zachariah 627 Cloutman, Elip't 662 Cobleigh, John 409 Coburn, Benj 410 William 409 Cochran, Isaac 659 John 5, 19 Cockburn 7, 166, 635 Cockermouth 7, 634, 681 Coffln, Enoch 625 Peter 625 Cogswell, Thomas. . .26, 34, 41, 44, 45, 54, 59 Colby, Jona., Jr 627 Moses 626 Thomas 627, 656 Colchester, Vt 206 Cole, Jonathan 401, 443 Colebrook 635 coleborn 7, 166 Colburn, Andrew 633 7o8 INDEX OF NAMES. Colcord, Edward (61 Colden, Lt. Gov., 207; Cadwallader, 208, 210, 215, 243, 328. Collins, Charles 626 Eobert 650 Concord, 3, 16, 25, 40, 165, 274, 618, 625, 640 Connecticut river line, 243, 260, 262, 272, 276, 280, 309, 320, 325, 330. Connor, James 629 CONWAY 4, 26, 165, 274, 634 Cooke, Sir John 699, 701-703 Cooper, John 632, 671 Joseph 688 Nathaniel 658 Copp, David 26, 34, 41, 45, 46, 60 Coi^intb, Vt 206 Corlis, Jeremiah 631 Cornish, 6, 28, 166, 224, 277, 395, 398, 400, 540, 632, 661. Cornwall, Vt 205 Costelloe, John 654 Cotton, Benjamin 688 Coues, Peter 648 Coventry 7, 29, 166 Cragin, A. H 622, 623 John 5, 19, 27, 42, 45, 60 ; Jr., 631 Craig, Alexander 635 Crain, Benjamin 613 Cram, John 625 Joseph 634, 642 Cram, Nehemiah Cranfield, Edw Crawford, Thomas, 7, 19, 28, 41, 45, 46, 62, 685. Creasey or Cressey, Henry James John 413 ; Jr., Jonathan 409 ; Jr., Michael 239,409, Moses Crocker, Andrew S James Crosbie, .Tosiah, Capt Cross, John Thomas Croydon 6, 28, 166, 398, 400, 632, Cumberland Co 246, 251, Cummings, Archelaus Ebenezer 4, Samuel Simeon... William Currier, Daniel Stephen Curtis, Abel, 286 ; Capt 288. Cushing, Nathaniel Cutler, Thomas Cutts, John 260, 297, Samuel Cuyler, Jacob 504,509, 626 701 409 ,417 413 409 444 410683 684 617 701 645 671 266 668 19 663 641 559487388387 308627 623 Dakin, Amos, Dea 6, 19 Dalton 7, 167, 638 Dam, John 701 Dame, Geo 538 Col 617 Theodore 686 Dana, Mr 697 Danby, Vt 205, 399 Danford, 548 Danforth, David 677 Daniels, Increase 410 John 410 Samuel 3 DANVILLE 627, 643 Darling, Jewet 410 John 409 Dartmouth 7, 167, 663, 589 Dartmouth College 228, 270, 600 Davidson, James 26, 41, 45, 69, 661 Davison, Wm 626 Davis, Asa 666 Capt 465 Edmund 663 Ezekiel 410 Francis 631 Isaac ¦. 666 Samuel 432, 433, 436, 625 William 655 Day, Elkanah 887, 393 Ezra 660 Pelatiah 675 Dean, Woodbridge 596 Dearborn, Henry, Col 519, 643, 544,689 Eeuben G 626 Stephen 640 Dearing, Ebenezer, Capt., 539, 543, 545, 648, 549, 651. Deerfield 3, 25, 165, 625, 640 Deering 5, 166 Delaware Bay 263 Demerit, Ebenezer 655 Dennison, Samuel 571 Derryfield 4, 166, 630, 661 Devlin, Samuel 635 Dewey, Ebenezer 400, 632 Dicky, Adam 630 Dimack, Shubal 684 Dimmuck, Timothy 672 Dimond, Israel 643 Dinsmoor, John , 627 Dix, Nathan, Maj 5 Dodge, Joseph 663 Nathaniel H 24, 41, 45, 58, 643 William 410, 662 Doe, Joseph 605 Dole, Stephen....'. 5, 19,659 Doolittle, Capt 498 Dorchester 7, 29, 167, 398, 634, 682 Dorset, Vt 206, 242, 399 Dousett, Peter 671 Dover 3, 25, 165, 529, 62^, 653 Dow, Amos 26, 41, 45, 59 Evan , 5 ; Mr 16, 19 Job 662 Jonathan 6, 19 Joseph 626, 642 Moses 541, 617 Thomas, Lt 3 Doune, James 700 Drake, Weare 654 Draper, Vt 204 Dresden, 259, 277, 296, 329, 332, 363, 371, 398, 400. Duane, 423 INDEX OF NAMES. 709 Dublin. 6, M, I66, 632, 671 Dudley, John 330, 476, 511, 627 Nathaniel 648 Dummerston, Vt '. !399 Dunbar, Vt 206 Dunbarton 5, 27, 166, 551, 630, 661 Duncan, John, Capt., 28, 37, 42, 45, 61. 400, 658. Samuel 28, 42, 45, 62 Dunmore, Gov 244, 328 Dunstable 4, 26, 166, 630, 661 Dunstar, Tho 701 Durham 3, 25, 165, 529, 628, 663 Dui-jje, Thomas 237 Duty, William 659 Duxbury I66, 662 Duxbury, Vt 206 Dwyer, Michael 685 Eames, Aaron 616 Ebenezer 634 Eastman, Jeremiah 625 East Kingston... .3, 24, 166, 583, 584, 625. 641. East Town 628 Eaton 4, 165, 627, 653 Eaton, Ephraim 639 Itliamar 669 Eayrs, Jos 630 Eddy, Abiel 633 Ward 677 Edwards, Mr 342 John 601 Effingham 4, 165, 629. 654 Elkins, Jonathan 340 EUis, Benjamin 584, 589, 591 Timothy, Col., 241, 394, 404, 631, 632, 536, 540, 554, 558, 682. Ellsworth, Mr 342 Ellsworth 635 Ely, Isaac 439-448 Emerson, Daniel 26, 35, 42, 45, 60 Nathaniel, Col 25, 41, 45, 69 Sainuel 654, 686 Emery, Anthony 701 Benj., Capt 3, 19 Noah, Jun , 518, 520, 524, 525, 527, 629, 532, 534, 651, 654, 576, 617. Emmons, Noah 409 Enfield 7, 29, 167, 277, 318, 400, 682 Enos, Gen 463 Roger 454, 461 Epping 3,25, 166, 625, 641 Epsom 3, 25,38, 165, 625 Esterbrook, Nehemiah. . . .235, 277, 286, 330 Evans, Israel, Kev 38, 168, 611 Nathaniel 667 Col. Stephen, 476, 621, 529, 660, 663, 599, 628. Uriel 6 Everts, Elihu 483 Exeter. . . .2, 24, 165, 329, 538, 616, 625, 642 Fairbanks, Capt 465 Fairfax, Vt 206 Fairfield, Eben 400 Walter 400, 634, 684 Fairlee, Vt 205, 399 Farmer, John 199, 221, 622 Joseph 661 Farr, Jonathan .' 409 Farwell, Benj 409 Jonathan 409 Levi 409 Oliver 409 William 409 Fassett, John 672 Favour, Cutting 634 Fay, Jonas, 246,— notice of, 334,-335, 386, 422, 426, 428, 487, 577. Joseph 426 Stephen 334 Fellows, Jeremiah 644 Ferdinand, Vt 205 Ferguson, James 646 Ferisbourg, Vt 205 Fifield, John 631 Stephen 3,19 Fisher, Nathaniel 571 Thomas 430 Fishersfield 5, 27, 166, 662 Fishkill 246,249,524 Fisk, Aaron 616 Jonathan 27,42,45,60 Fitts, Abram 625 Fitzwilliam 6, 28, 166, 273, 632, 672 Flanders, James 27, 41, 45, 46, 6 1 Fletcher, Gen 460 Eobert 272, 630 Timothy 658 Flynn, Jacob 662 Follet, John 701 Folsom or Foulsom, Gen., 375, 475, 506, 510; Nath'l, 549, 686, 617. Col. S 527, 585, 599, 612, 614 Samuel, Col 616 Fogg, Jeremiah, 3, 18, 24, 41, 44, 58, 584, 685, 586, 691. Seth 625, 641 Foord, Noah 686 Forest, William 645 Fosse, John 629 Moses 687 Foster or Forster, Abiel,. . .25, — notice of, 32,^1, 43, 45, 46, 69, 164. Asa 625 Benj 676 David 640 Eenben 286 Fowler, Ichabod 237 Mr 16 Francestown 5, 27, 166, 274 Franconia 7. 167, 398 Franklin, Jonathan, Capt., 29, 42, 46, 62, 443 Nathan 678 Freeman, .Jonathan, 7, 19, 29, 44, 45, 46, 57, 62, 110, 142, 286, 400, 634. Otis 683 Fremont 627, 648 French, Abel 627 Andi-ew 28,42,45,61 710 INDEX OF NAMES. French, Benj 630 Ezra 649 Moses 627 Eichard 641 Frink, Calvin «B77 Frink, Elijah., 393, 400 Frye, Ebenezer 601 Isaac, Capt 683, 584, 691, 597 Fulham, Vt 204 Furbur, William 701 G Gage, Josiah Gains, George, 241 ; Mr., 282, 478 ; Maj., 511, 516, 612, 614, 627. Gale, Col 476, 629; Jacob, 663, Gardner, "Wm Sir Xliofer Garland, Peter Gary, Moses Gates, Gen Josiah ; Gaskill, Jonathan 5. Silas 400, Gates, Ezra George, William Georgia, Vt Gerrish, Joseph, Col 5, Samnel Gibson, James 26, 33, 41. 45, Giddinge, Eliphalet, Capt., 619, 627, 535, 546, 686. Gilbert, josiah Gile, Eze I. iel Giles, Benjamin, 241,394,400,439-448, 466, 458, 472, 480. Gillis, Josiah Gilmantown, 3, 26, 165, 274, 696, 628, 651. Gilman, Anxip, T Col 476 David Ezekiel Israel — J, 699, 626 ....648 702 701 410 669 656 John 665 John Taylor, Hon., 2, — notice of, 9,-12, 18, 471, 495, 497. Joseph 534 Mr 544 Nicholas, 459, 517, 585, 687, 599, 605, 609. Samuel. Jr 241, 629,644 Trueworthy 642 Gilmore, Eoger 27, 42, 45, 61 Gilsum 6. 28, 166, 398,400, 411, 632, 672 Glassenburg, Vt 205 Glidden, Charles 3, 18 Gloucester county 246, 251, 256 Godfrey, Edward 696 GofEe, John 661 Goffstown 5, 26, 166, 630, 662 Goldsmith, Capt 578 Goodhue, Nath'l 646 Goodwin, Wm. F 198 Goold, Benj 635 James 634 Gorden, Daniel, Capt 262 Gorges, Sir Ferdinando. . . .691, 693-696, 703 Gorham, Stephen 607 Goshen 166, 273 Goss, Nathan 2, 18, 24, 41, 44, 58, 649 Gove, 619 David 627 Winthrop 650 Grafton Co 166 names of towns, 224, 240, 241, 634, 636, 679, 688. Grafton 7, 167, 398, 400, 682, 686 Granby, Vt 205 Grandy, John 410 John, Jun 410, 432, 433, 435^72 Parker 410 Grant, Mr 218 Grantham 6, 398, 635 Graves, John 401 Gray, James, Maj 3, 18 Green, Ebenezer 237, 470 Ezra, Doct 3,— notice of, 9,-18 Gen 496 Jacob 5, 19 Mr 236 Nathaniel 27, 42, 45, 61 Greenfield 1 66, 274 Greenland 2, 24, 165, 625, 642 Gregg, William, Jr 627 Samuel 666 Greely, Aaron 27, 41, 46, 46, 57, 61, 664 Andrew 585 Jonathan, Col 683, 584, 585 Grifiin , John 653 Sam'l 6, 18 Griswold, Isaac, 436, 439, 441-448, 467, 466. Groton 635 Grout, Daniel 6, 19 Hilkiah 387 Guildhall, Vt 205 Guilford, Vt 204, 399 Gunnison, William 662 Gu.NTHWAiT 167, 240, 277, 398, 400, 681 Gustin, Samuel 239 H Hackett, Ebenezer 661 Hadley, Seth 663 Haines, Sainuel 701 Hale, Eliphalet 538 Enoch, 439-448, 449, 455, 470, 472, 476, 480, 482, 497, 597, 614. Moses 658 Samuel, Maj 3, 18 Halifax 204 Hall, Aaron, Eev 6,— notice of, 11,-18 Avery 657 Benjamin 632 Benjamin H 198 Edward 671 Hiland igg John (of Dover), 701 INDEX OF NAMES. 711 Hall, John 4^ 19 Nathaniel, Jun 684 Hammond, Isaac 677 Joseph 633 Thomas 633 HAMPSTEAD 3, 25, 165, 529, 625 Hampton 2, 24, 165, 52a, 626, 642 Hampton Falls, 2, 24, 165, 529, 626, 643 Hancock 6, 27, 166, 663 Hancock, Henry 680 John, Gov 22, 249, 251, 606 HANOVER, 7, 29, 167, 236, 398, 400, 634, 682 Hanson, Pres 575 Hardy, Nehemiah 681 Harper, William 3, 19, 25,41, 45, 69 Harris, Abner, Jr 110 Josiah 572 Thomas 409 Harriman, Stephen 551 Hart, George 627 Hartford, Vt 204, 339, 399 Conn 261 Hartwell, Joseph 410 Harvey, Alexander 286 Capt 465 Lt 611 Levi 665 Solomon, Doct 5, 19, 240 Harwick, Vt 205 Haseltine, John, Jr 631, 666 Hastings, Andrew 410 Josiah 409 Hatch, Jabez 533; Col., 546,554,576 Joseph 286 Haven, John 625 Haverhill, 7, 29, 16T, 240, 277, 318, 398, 400, 616, 634, 683. HAWKE 3, 25, 165, 529, 626, 643 Hayes, John 625 Head, Nathaniel, Col., 25, — notice of, 32, 33,*— 41, 45, 59. Heard, John 701 Heath, Burt 625 Maj. Gen 545, 561, 563, 564, 566-569 Nehemiah 631 Selvn's 494 Solomon 625 Hebron 273 Hemphill, Nathaniel 627 Henn iker 5, 27, 39, 166, 630, 663 Henry, Benjamin 387 Hertford, Vt 204, 399 Heywood, Wm 442, 443, 632, 660 Hibbert, .Mr 333 Hidden, Eben 630 Highgate, Vt 206 Hildreth, William 660 Hill, Alpheus 635 Eeuben, Capt ; 4 Hills, Samuel 633 Hill 635 Hillsborough Co., 166; names of towns, 630, 631. Hillsborough, 5, 27, 39, 166, 630, 636, 658 Hilton, Edward 697, 699 Ichabod 644 William 700 Hinds, Bartlett 483 Hindsborough, Vt 205 HINSDALE 6, 27, 166, 398, 400, 632, 673 Hinsdale, Vt 204, 399 Hobart, Col 282 Hobbs, Benj 626 Nath '1 654 Hodges, Nathan 400, 684 Hodgdon, Caleb 628 Charles 26, 41, 45, 60, 652 John 631 Hoit, Benjamin 629 Ebenezer 682 Enoch 665 Nathan, Col., 26, 34, 41, 46,46,67, 59, 144. Stephen 664 Holbrook, John 607 Thomas 572 Holderness 6, 28, 274, 635 Holland, Capt 217, 218 John 619 Stephen, Lt 207 Hollis 5, 26,166, 630,663 Holman, Moses 626 Holmes, Lemuel 28, 42, 45, 61, 383 Samuel 680 Thomas 410 Hook, Dyer 626 Elisha 648 Hooper, Capt 443 Win., Eev., 4, 16, 18, 19, 26, 34, 41, 46, 46, 59. Hopkins, John 558 Eoswell 426 Hopkinton 5, 27, 166, 274, 549, 630, 663 Horn ?, J 661 Houghton, Neh., Capt 612 House, Jno 400, 634, 635 Houston, Wm. Ch 262 Hovey, Nathaniel 318, 330 How, James, Doct 25, 33, 41, 45, 46, 69 Daniel, Capt 492 Howard, Joshua 400 Samuel 668 Howe, Bezaleel 634, 537 Gen 265 Howel, John 630 Hubbard, Col 627 Hubberton, Vt 206 Hudson 631 Huggins, Eobert 701 Hugh Sterling , 165 Humphreys, Daniel, 24, — notice of, 30,-41, 44, 46, 54, 57, 58, 100, 102, 110 Hungerford, Vt 206 Hunt, Bartholomew 701 Jonathan 387,388 Samuel, 381, 383, 394; Col., 494, 614, 531, 532, 535, 546, 564, 66t-567, 578, 682, 587, 589, 604, 632. Wm., Dea 4,19 Huntington, Samuel, Pres 361, 369 Huntley, Eufus 676 Huntoon, Joseph, Capt 538, 544 Nath 677 Hurd, John, Col 318 Samuel 633 Shubael 673 Huse, Carr 634, 685 Isaac 651 Hutchins, Jeremiah 680 Jona 410 * This notice is not quite correct. The grandfather of Gen. Natt Head, though of the same name, was not identical with the " Colonel " here mentioned.— Ed. 712 INDEX OF NAMES. Hutchins, Joseph, Col. . .7, 19, 29, 41, 46, 62 I Hyde, Elihu.. Hutchins, Phineas 443 | .400 Ingalls, Edmund 677 I Ives, Joseph . Solomon 675 I Jackman, Benja 660 George 630, 660 Jackson, Col 610 Eleazer 27, 42, 45, 61 410 James 653 Jaffrey 5, 27, 166, 274, 632 JAMES, Duke of York 207, 209, 261 King, 1st 259, 261 James, Joshua 626 Joseph 627 Jefferson, Th 600 Jeffries, William 699 Jenison, John, Capt., 591, 593, 694, 595, 596, 699, 602, 603. Mr 492 Jenness, John S 691 Eichard 598, 625 Jericho, Vt -206 Jewell, Asahel 678 Jewett, Edward 633 Jacob, Jr 630 Jewett, Jedediah, 626, 643, 544, 592, 596, 601, 603, 605. Mr 517 Johnson or Johnston, Charles, 236, 379 ; Col., 417, 477, 506, 537, 542, 554, 657, 672, 575, 582, 690, 617, 634. Israel 410 Jesse..' .'.'.'.' ...7,' 19,' 2'9','4'l','45,' 4'6','62,'682 Nathan 625 Peter 340 Samuel 215, 645 Jones, Asa 632 Benja., Doct 5, 19 Daniel 383, 388, 393, 400, 425, 428 Evans 559 Jehu 680 Eeuben 246 Thomas 483 William 701 Joslen, James 630 K Kearsarge Gore 165 Keene, 6, 27, 166, 394, 411, 531, 536, 616, 632, 673. Kilborn, Asa 634 Kelley, Daniel 613 James 549 Moses 445, 446-448 ; Col., 476 Kendall, Daniel 630 Ebenezer 681 Edward 632 Kent, Jacob 339, 495 Kensington 3, 24, 166, 529, 626, 643 Killington, Vt 204 Kimball, Caleb 668 Joseph, Maj 6, 18, 28, 42, 45, 57, 61 Eichard 649 Kimball, William. . ; 410 Kindrick or Kendrick, Daniel, Capt., 5, 19 King, George 241 Samuel, 400, 432, 434, 441-448, 456, 464, 465, 466. Kingsbury, Absalom , 239, 632 Daniel 617, 673 Sanford 28, 42, 45, 67, 61 Kingsley, James 676 Kingston 3, 24, 517, 529, 626 Kinne, Abraham 645 Kiyes, Amos 658 Knight, Eliphalet 639 John 625, 634 Knowles, Hansed 701 James 656 Knowlton, Luke '. 387, 388, 393 Ladd, Eliphalet 642 Nathaniel 3 Simeon 548, 603, 604 Timothy 625 Laham, Eichard 701 Lahorn, Henry 701 Laighton, Sam'l 629 Lamson, Gideon 642 Lancaster 7, 29, 167, 398, 634, 683 Landaff, 7, 167, 240, 277, 398, 400, 412, 416 Lane, Ezekiel 627 Jesse 674 J ohn 626 WilUam 626 LAhgdon 27, 166 Langdon John, Hon., notice of, 8; Mr., 16, 18, 21, 338, 386, 469, 460, 471, 522, 588, 613, 620, 638. Samuel, Eev 2,— notice of, 9,-18 Tobias g William 627 Woodbury 355, 469, 476 Larkham, Thomas 701 Latham, Arthur 4io Laughlin, Archibald 340 Laui-ins, Henrjr, Pres 289 Lawrence, David, Jr 641 John 547,548 Layton, Tho 701 Learned, Benjamin .' . .'.'672 INDEX OF NAMES. 713 Leavenworth, Capt 647 Leavitt, Gilman 613 Jonathan 650 Moses 24,— notice of, 31,-41, 45, 68 Samuel 625 Stephen 613 Leavittstown 628 L^ Hommedieu, Ezra .'4'>3 Lebanon, 7, 29, 167, 277, 330, 398, 400, 634, 683. LeOLJohn 633 William 409; Lt., 433 ^ i^^l 498 Lee 4, 26, 165, 529, 628, 654 Leicester, Vt 205 Lemington, Vt 206 Lempster 6, 28, 166, 398, 40O, 632, 673 Leonard, John 626 Lewis, Ben'n 662 Gideon ^gs Nathaniel 631 Thomas 699 Lewis, Vt 206 Libbey, Meshech 340 Paul 629 Limerick 632 Lincoln 7, 167, 398 Lindsay, David 687 Lintfield, Vt 206 Litchfield 4, 26, 39, 166, 581, 630 Little, John 630 Moses 630 Littleton 7, 167 Livermore, Edward S., 24,— notice of, 30,-38, 41, 44, 58, 100, 106, 111, 143, 144, 148, 167. Geo. W 686 Sainuel, Hon., 6, 12, 16, 18, 28,— no tice of, 37,-38, 42, 62, 164, 365, 386, 402, 407, 412, 462, 461, 470, 478, 484, 522, 567, 575, 578, 581. Locations 165 Lock, Philip 409 Long, Benj 640 Pierce 2,— notice of, 8,— 18 Londonderry, Vt 399 Londonderry 2, 24, 165, 581, 626 Loudon 3, 26,165, 626, 044 Lovejoy, Abiel 634 Joshua 658 Lovell, Oliver 387, 393 LoveweU, Col 476 Noah 630 Ludlow, Vt 205 Lund, Joel 662 Lunenburg, Vt 206 Lyman 7, 167, 240, 277, 398, 400, 684 Lyme, 7, 29, 167, 237, 277, 398, 400, 634, 684 Lyndeborough 5, 26, 166 Lyon, Matthew 399 M McCalley, John 630 McClary, John, 25,— notice of, 32,-41, 45,59. Col. 476, 477, 625 McConnell, Samuel 478 McDonnell, E 667 McGaw, Jacob 664 McGray, John, Capt 600 McGregore, James, 24,— notice of, 31,— 38, 41, 44, 68, 626. McMurphy, Archibald 2, 19 McNeal, Daniel 630 McNee. James 666 McQuesten, William 630 Mack, Silas 674 Madbury 4, 26, 165, 529, 628, 666 Maidstone, Vt 206 Man, James 647 Mann, Benj 664 IVIANCHESTER 631 Manchester, Vt 205, 253, 399 Mansfield, Vt 206 March, Joseph 26, 41,45,59 Marlborough* 6, 28, 166, 273, 482, 673 Marlborough, Vt 204, 399 Marlow, 6, 166, 239, 273, 398, 400, 632, 674 Marsh, Joseph. 286, 290; notice of fam ily, 291, 327, 339, 341, 345, 363. Martin, Jonathan 456. 468, 465 Mason 5, 27, 1661 631, 664 Mason, John, Capt., 272, 273, 274, 297, 691-696. John Tufton 607 Robert 260, 297 Russell 400 Stephen 657 Matthews, Jesse 483 Maynard, Caleb 668 Mead, Israel 400 Medar, Timothy 657 Meigs, Col 647 Meker, Daniel 668 Mellen or Millen, John 531, 632 Melvin, Ebenezer 634 Merideth 4, 26, 165, 628, 655 Merrill, Isaac 666 Joseph 627 Nath'l. -J 683 Sam'l 639 Merrimack 4, 26, 166, 673, 631, 664 Merrimack river 260, 297 Merrow, Joshua, Lt 647 Middleborough, Vt 205 Middletown 4, 165 Middlesex, Vt 206 Mifilin, Mr 496 Miller, Lemuel 674 Nicodemus 632 Milton, Vt 206 Minehead, Vt 206 Miner, Thomas 681 Moffat, 581 Monadnock, No. 6 633 No. 6 633 Monckton, Vt 205 Montgomery, John 406 Moody, Amos, Rev 3, 18 Mooney, Hercules 628 Obadiah 640 Mordock, Tho's 286 Moore, Archelaus 625, 626 Moreton, Vt 206, 340, 399 * The description of this town in Vol. IX, p. 828, belongs chiefly to Marlborough, Vt. It wa« formerly called Monadnock, No. 6, and was incorporated Deo. 13, 1776.— Ed. 714 INDEX OF NAMES. Morey, Israel, 286, 327; Col., 506, 540, 654, 575, 634. Morgan, John fioV kii Morns, Eobert ^^•f]:] Morrison, 6am'l »?i Thomas '^ Morristow'n! . : 240, 277, 398, 400 Morss or Morse, Eli ;' Vo ' eci Joshua ^'^^'itt Moody m2R72 Eeuben 63J, bii Morton, Ebenezer 340 . 703 Moulton, 'Coi!,' 476, 529; Jonathan, 563, 599 Josiah, Capt 627 Job...'....r^. 684 j^eb'h 649 Moultonborough 4, 26, 165, 628, 655 Mudget, Nicholas 613 Muhlenburg, Frederick Augustus 500 Muzzy, John 672 N Nanney, Eobert ™1 Nash, Mr «6 Neale, Walter 693 Nelson 633 Kelson, Asa 668 Charles 634 Daniel ojf Dorothy 615 Samuel 662 Neshobe, Vt 206 Nesmith, Jonathan b™ Nevins, Thomas o|l New Almsbury 631 New Boston 5, 27, 166, 631 New Bradford „¦„• ¦ 66* Newbury, Vt 206,339,494 New Britain W ' Si New Castle ¦=. 6^6 New Chester 7, 28, 167, 634, 685 Newcomb, Daniel, 27, 36, 38, 42, 45, 54, 57, 61, no, 143, 164, 167, 383, 394. New Durham 4,26, I65, 628 New Gore 165, 655 Newfane, Vt 206, 399 New Grantham 28, 166, 400, 634, 674 New Hampton 4, 26, 165 New H aven, Vt 205 New Holderness 167, 634, 685 New Huntington, Vt 206 Newington 2, 13, 24, 165, 644 New Ipswich 5, 27, 166, 631, 666 New London 5, 27, 166, 273, 665 New Market 3, 25, 166, 626, 644 New Marlborough 633 Newport. .6, 28, 166, 394, 398, 400, 633, 674 New St-ampf ord, Vt „•„• ¦ ?2f ' fiH Newtown 3, 165, 529, 626, 646 Nicols or Nichols, Daniel, 27, 42, 45, 60, 659 Eben'r „¦„• -631 Moses, 445; Gen., 462, 511, 531, 532, 536, 617, 630. Samuel ^ Gov.,N.Y 213 Nims, David 6d^ Norris, Benj 62i David 648 Northfield 3, 26, 165, 645 North Hampton 2, 24, 529, 626, 646 Northu JIBEKLAND 7, 167, 634 Northwood 3, 25, 39, 166, 626, 645 Norwich, Vt 204, 399 Nottingham 3, 25, 165, 549, 626, 646 Nottingham West 4, 26, 166,,631, 666 Nova Scotia 615 Noyce,-—. *W Noyes, Benja o^ Humphrey 639 Nute or Nudd, James 701 Simon 626,642 Nutter, Hatevil 644 Nutting, John 286 o Odiorne, Thomas 241 Mr. 282 Olcott, Peter, 286, 327; Col., 341, 345, 363, 375, 388, 393, 425, 428, 450. ORANGE 167,273 Ordway, John 634 Moses 63d Orford 7, 29, 167, 277, 400, 634, 686 Ormsbee, Icha'd 286 OrweU, Vt 206 Osgood, Mr 496 Ossipee 4, 165, 274 Ossipee Eiver 273 " Pacificus " 271 PACKERSFIELD 6,28, 166, 674 Page, Abraham 631 David, Col (of Conway), 6, 19, 26, 34, 38, 42, 46,* 60, 477, 565, 571, 683. Jeremiah 630, 661 Stephen 646 Thomas 643 Page, William (of Goffstown), 6, 19, 26, 42,44^46,60,110? William, Doct. (of Charlestown), 27; Col., 42, 44, 45, 46, 60, 110? 366, 381, 383, 393, 399, 400, 426, 442-450, 463, 669, 695. Palmer, Barnabas 3, 19, 25, 41, 46, 59 Panton, Vt 206 Parker, Abel 6, 16, 18, 19 ?Inlist of "yeas," for "P. Page" read D. Pajre.— Ed. INDEX OF NAMES. 715 Parker, Alexander 668 Benja 410 Eben'r 664 Nahum 28, 42, 45, 61 Obadiah 631 Eobert 26, 42,46,60 Solomon 684 Parkhui-st, Joseph 286 Parrott, John 605 Pai-sons, Thomas 628 Partridge, Eli 410 Patterson, Isaac, Capt 7, 19 John 630 Pattin, Matthew 642 Pawlet, Vt 205, 399 Payne, Elisha, Col., 7, 19, 29, 37, 42, 45, 46, 47, 63, 67,62,100,27."), 286,- no tice of. 288,-324, 327, 388, 393, 396, 398, 400, 426, 427, 428, 450, 463, 464, 473, 4S7. Peabody, Jacob 33 Nath'l, 25, 33, 41, 43, 44, 46, 46, 47, 64, 57, 59, 91, 102, 106, 111, 606, 510, 612. Stephen 630 Pearson, Joseph 439, 460, 638, 686 Peacham, Vt 206, 340, 399 Pease, Pelatiah 632 Peekins, John 483 Pelham 3,26, 165, 627, 646 Pembroke 3, 25, 165, 613, 627, 647 Peinaquid 260 Perkin, William A 646 Perkins, Abraham 641 Perry, David 675 Peterborough 5, 27, 166, 274, 631 , 667 Slip 5, 631, 666 Peters, Absalom 400, 413 Petty, Eeuben 483 Phefos, Charles 387 Davenport 337, 344, 393, 400 J.H 388 Dr 525, 526 Oliver 596 Philips, And., Lt 207 John 701 Philbrick, Daniel 642 Joseph 659 Pickering,* Ephraim 13 Ephraim, 24,— notice of, 31,-45, 58, 100, 111. Pickering, John, Hon., 2, 16, 18, 24,— no tice of, 30,-41, 68, 63, 126, 141. Eichard 644 Pierce, Benja., Maj 27, 36, 42, 45, 61 Franklin 36 John 410,611 PlEECY 7 Piermont 7, 29, 167, 277, 398, 400, 686 Pinkham, Eichai'd 701 Stephen 628 Pinneman, Thomas 6, 19 Piper, Stephen 627, 650 Pittsfield 3, 25, 166,647 Pittsford, Vt 206, 399 Plainfield, 6, 28, 166, 398, 400, 640, 633, 675. Plaistow 3, 25, 166, 629, 627, 647 Plumer, William, 26,— notice of, 31, — 38, 41, 45, 46, 49, 63, 67, 58, 96, 102, 111, 112, 141, 142, 143, 148, 151, 164, 167. Plymouth 7, 28, 167, 274, 634, 686 Pocock, Vt 205 Pomeroy, Capt 465 Pomfret, Vt 204, 399 Pomfret, William ; 701 Pope, William 630 POPLIN 3, 25, 165, 627, 648 Porter, Asa 635 Mr 282 PORTSMOUTH, 2, 24, 165, 615, 624, 627, 648 Post, Eldad 634 Poultney, Vt 206, 399 Powers, Benjamin 671 Pownall, Vt 204 Pra? James 665 Pratt, Capt 465 Jeremiah 678 Prentice, Joseph 410 Nath'l Sartile, 27, 36, 42, 45, 61,394, 400, 439, 440-448, 456,457, 467, 472. Prescott, B. F., Gov 692 Henry 2, 18, 626 PROTECTWORTH 6, 28, 166, 675 Putnam, Thomas 238 Putney, John 630 William 549, 551 Putney, Vt 204,399 a Quimby, Jonathan 613 | R EABY 6, 27, 166, 667 Eand, Daniel, Col 28, 36, 42, 45, 61 Israel 549, 551 Eandall, James 549 Randel, Miles 628 Randolph, Edmund 406 Eannev, Thomas S.,Doct., 3, 19, 25, 41, 44, 46, 58. Ratcliffe, 703 Rawlings or Eollins [see Rollins]. Raymond 3, 25, 165, 627, 648 Reading, Vt 204, 399 Reid or Eeed, Abraham 572, 573 George, Col 601, 608 James, Gen 611 William 409 Mr 22 Eemmele, John 6, 19 *' Republican," 266 Eice, Barzillai 387 Rich, David 483 Josiah 683 * In some cases the record does not distinguish between persons of the same sur name. — Ed. yi6 INDEX OF NAMES. Richards, Samuel 630 Thomas 686 Richardson, Bradbury 628 Daniel 646 Joseph 655 Josiah 617 Paul 633 Silas 409 William 680 ? 619 Richmond, 5, 27, 166, 394, 398, 400, 411, 633, 676. Rindge 5, 28, 166, 273, 274, 033, 676 Ring, Jonathan, Lt 640 Ripley, Sylvanus 303 William 400, 661 Rix, Nathaniel 417 Eoberts, Ebenezer ^29 John 628 Joseph 656 Thomas 701 Eobertsou, Abigail 615 Ai-chibald 410 Eobert 615 William 410 Robinson, Amos 339 Caleb, Maj 602 Ephraim 626, 642 James 409, 432 Lt., 465 ; Capt : 544 Jona., Col 24,41,44,58 Moses 475 Nathaniel 628 Samuel 216 Robbe, Alexander 667 William, Jr 667 Robie or Roby, John 669 Samuel 625 Walter 625 Rochester 3, 25, 39, 165, 629, 629, 666 Rockingham County,- names of towns, 165,-625-627, 636, 639. Rockingham, Vt 204 Eockwood, Elisha 409 Micah 673 Eodman, Tristram 646 Eogers, John, Doct., 28, 38, 41, 45, 46, 57, 62. Nathaniel, 3, 18, 26, 41, 45, 46, 58, 626, 686. Eobert, Capt 207 Eollins or Eawlings, Daniel, 26, 41, 45, 59 James 701 Nich 650 Boot, Mr 342 Rouke, James 571 Rowel, Wm 627, 649 Roxbury 273 Royalton, Vt 399 RUMNEY 7, 28. 167, 636, 687 Runnels or Raynolds, Daniel, Col. ,2, — notice of, 9,-19, 477, 659, 561, 562, 666-570. .Oamuel, Capt 620 Rupert, Vt 205, *399 RusseU, E 259, 610 ; Epliraim, 410 Josiah 400 Thomas 400 Rutland, Vt 205,399 BYE 2, 24, 165,627,649 Ryegate, Vt 206 Safford, Capt 378 Ebenezer ~ 409 SALEM 3, 26, 16S, 529, 616, 649 Salisbury 6, 27, 166, 631, 667 Salisbury, Vt 205 Saltash, Vt 204 Salter, Titus, Capt 577, 590, 605, 610 Sanborn or Samborn, Abraham 676 Eliphalet 625 John 644, 666 Sanbornton 3, 25, 165, 629, 666 Sandgate, Vt 205, 399 Sandown 3, 25, 165, 529, 627, 649 Sandwich 4, 26, 165, 274, 629, 656 Saratoga 576 Sargent, Daniel 626 Sargeants, John 387, 511 Sartwell, Simon 660 Saunderson, Henry H., Rev 387 SAVILLE 398, 400, 633 Sawyer, Amos 647 Richard 660 Scammel, Alexander, Col. 574 Scharston, Paul .' 659 Scott, Robart 674 Seabrook 2, 24, 165, 629, 627, 650 Searls, Jona., Rev 27, 36, 42, 46, 61 Sever, Eobert 667 Shaftsbury, Vt 205, 399 Shannon, Nath'l 4, 18 Mr 616 Sharon 27, 165 Sharon, Vt 205, 399 Shaipe, Sam'l 700 William 243 Shattuck, Cyrus 673 Daniel 426 William 631, 665 Shepherd, John 654 Oliver, Capt 4, 18, 632 Shflburne 167 Shelburne, Vt 206 Sherwin, Asa 676 Jonathan 633 Shoreham, Vt 205 Shrewsbury, Vt 205 Sias, Benja., 3, 19, 25,— notice of, 32,— 41, 45, 59. Silsby, Sam'l 238 Silvyster, Levi 495 Simmes, Joseph 529 Simpson, John 626 Wm 7,19 Skeene, Gov 309 ^^kids, John 340 Skinner, Joseph 684 Slade, Samuel 683 William, Jun 139 Slader, Thomas 658 Slapp, .John 634 Sleeper, Nehemiah 3, 19 Peter 685 Smallwood, Gen -. 377 Smiley, Wm 632 * By error, " Newport.'"— Ed. INDEX OF NAMES. 717 Smith, Bartholomew 701 Christopher 626 Claron 410 Ebenezer, Col., 4, 16, 19, 26, 34, 41, 45, 57, 59, 628, 663, 655. Elias 655 Eliphalet 644 Francis 286, 633 Ichabod 661 Jeremiah, 27, 36, 42, 43, 44, 45, 467 63. 60, 142, 143, 148. John 628, 631 Jona .3; Mr., 616 Jonathan. 628 Jonathan, Col 6, 239 Joseph 644, 647 Moses 410, 435, 436-447, 457, 466 Richard 627 Robert 456, 457, 465, 581, 608 William 631 Smithfield , 206 Snow, Zerubbabel 632 Society-land 166, 667 SOMERSWORTH 3, 25, 165, 529, 629 South Hampton. . .3, 24, 165, 529, 6'27, 650 Southmayd. John 680 Spafford, David 631 Spalding, Champin 675 Sparhawk, John 2T6, ^48 Thomas 491, 542, 657, 593, 633 Spaulding, Benjamin 286 Phineas 632 Spooner, Alden 296 Sprague, Peleg 427 Springfield, Vt 206 Springfield, Mass 560 Stafford, Amos 633 St. Albans, Vt 206 Stanley, Jonathan 632 Stark, S 165 Stark, A 165 Stark, Caleb, Maj. . .27, 36, 41, 45, 46, 57, 61 John, Brig. Gen., 256, 651, 608, 611, 630. Starr, Edward 701 Stearns, Abraham , 410 Stebens, Ebr 674 Steele, Thomas 667 Sterne, T 483 Stevens, Abel 400, 634 Elihu 483 Enos 633 Henry 483 John 400,633 Stevens, Josiah 483 Roswell 483 Samuel 625 Steward or Stuart, Robert, 3, 19, 626 ; Jr., 645. Stewabtstown 634 St. George, Vt 206 Stickney, Col 32, 476 ; Thos., 640 Stiles, Jeremiah 673 StiUson, James 628 Stockbridge, Vt 205 Stockwell, Emmons 683 Stoddard 6, 28, 166, 633, 676 Stoddard, Eleazer 409 Lemuel 410 Stone, Abner 672 Benja., Col 3, 19 Capt 638 Eliphalet 638 Ephm 586 Matthias 394, 400 Matthias, Dea 6 Nath'l 631, 658 Storer, William 701 Story, Daniel 661 Stow, Vt 206 StoweU, Joseph 633 Strafford Co., 166; names of towns, 628, 629, 636, 652. Strafford, Vt 205, 399 Stratham! 2, 24, 165, 649, 627, 650 Stratford 7 Streeter, Amos 410 Joel 410 Strong, John 393 Strobridge, Wm 483 Styles, Ezra 425, 428 Sudbury, Vt 206 SCLLIVAN 28, 166, 273 SuUivan, Ebenzer 592, 696 John, Gov,, 3— notice of, 10,-12, 16, 18, 21, 22, 276, 375, 386, 402, 404, 477, 497, 524, 526, 539, 557, 620. SUNA PEE 633 Sunderland, Vt 206, 399 Surry 6, 28, 166, 239, 398, 400, 411 Sutton 5, 27, 166, 668 Swaddon, Philip 701 Swain, Jonathan 25, 41, 45, 59, 627 Swanton, Vt 206 Swanzey 5, 27, 166, 411, 422, 633, 677 Sweat, Benja., Jr 660 Sweeney, Bryan 634 Symonds, Wm 409 Tainter, Jedediah 6, 19, 28, 42, 45, 61 Tamworth 4, 26, 166, 657 Tarlton, Peter, Capt 29, 42, 45, 62 Wm 29, 62 Tash, Thomas, Jun 26, 41, 45, 46, 60 Tasker, John 628 Tate, Jas., Lt 207 Taylor, Chase 629 Ebenezer 634 John 627 Joseph 632 Josh ua, . .¦ 69 Thomas 629, 632 Timothy 4, 19 Tebbetts, Ebenezer 629 Teddar, Steven 701 Temple 5,27, 166, 631, 668 Temple, Archelaus, 5, 18, 27, 42, 45, 46, 61 Isaac 630, 632 Tenbroeck, Abraham 249, 251 Tenney, Samuel, Doct., 24,'— notice of, 30,-41, 44, 46, 57, 68, 111, 112, 152. Thetford, Vt 206,399 Thing, Samuel, Jr 613 Thom, Benja 651 WiUiam 649 Thomas, Nathan 409 Othniel, Gapt 6,19 7i8 INDEX OF NAMES. Tomlinson, Vt 204 Thompson , Charles 342, 354, 362 Ebenezer, 25, 33, 38, 41, 45, 46, 47, 59, 95, 102, 110, 111, 141, 142, 143, 236, 241,282, 330,338, 344,459, 476. James 644 Nathaniel 634 Thomson, Silas 400 Thornton 6, 167, 635, 687 Thornton, Matthew , Hon 573 Thurston, Benja., Rev 2, 18 OUver 613 Ticonderoga 241, 251, 253, 317 Tilden, Stephen 286 TilUtson, Daniel 686 Tilton, Benjamin 626 Peter 643 Timothy 26, 41, 46, 59 Tinmouth, Vt 206, 399 Titus, Joseph 409 Samuel 413 Tolman, Thomas 371, 429 Toppan, Christopher, 2, 18, 24, — notice of, 31,-41, 58, 111, 638. Toppan, Rev. Christopher 31 Dr. Edmund 31 Topsham, Vt 206 Towle, PhiUp 626, 642 Townsend, Vt 204, 399 Townsend, Micah 387, 388, 393, 426 TreadweU, Jacob 634 Treciithick 635 True, Abraham 625 Joseph 626 Moses : 6, 19, 400 Trumble, Jonathan, Gov 647 Tryon, WilUam, Gov 217, 220, 244, 328 Tucke, Benja 633 Tucker, Abijah 674 Tuftonborough 4, 165, 274 Tunbridge, Vt 205 Tupper, Col 688 Turner, Bela 286, 400 Tuttle, George 628 Stephen 632 Stoten 646 Twitchell, Sam'l 632 Tyler, Jason 547, 548 u Ugroufe, John 701 I Underwood, James 511 Underhill, Vt 206 Unity 6, 28, 166, 633, 677 Underhill, John 701 1 V Van Dyke, Nicholas 406 Vaudreuil, Admiral 599 Vermont limits, 242; 418, 419, 424, 428 w Wade, Edward 601 Wadleigh, John 626 Wakefield 4, 26, 166, 629, 667 Wakefield, Tho's 658 Walbridge, Ebenezer 399 Waldron, Isaac 25, 41, 45, 69 John 25, 33, 41, 45, 57, 59, 663 Eichard 701 WUliam 701 Wales, Seth 635 Walker, Isaac 549, 561 Joseph B 268 Samuel 409 Timothy, 25,— notice of, 32,— 38, 41, 46, 64, 59, 63, 95, 102, 106, 111, 112, 142, 162, 167, 268, 282, 471, 640. Wallace, Eobert 27, 36, 42, 46, 57, 60 WaUey, Thomas 625 Wallis, Samuel 627 Wm 495 WaUingford, Vt 206, 399 Ct 547 Walpole., .6, 16, 28, 166, 381, 394, 400, 411, 431, 482, 633. Walton, EUsha 409 Ward, Cotton 642 Wardell. Solomon 28, 42, 45, 61, 675 Warner 5, 27, 166, 649, 631 Warner, Jonathan, Hon 607 Martin 632, 660 „ Seth 247 ; Col., 248, 249, 260, 251 Warren 7 29, 167 Warren, Gideon 425, 428 Josiah 27, 42, 45, 61 Pelet'h 519 Warwicke, Eobert 699 Washington 6, 28, 166, 273, 631, 677 Washington, George, Gen., 226, 377, 462, 484, 500, .518, 621, 528, 536, 646, 562, 654, 560, 588, 699, 611. Wastill, John 701 Waterbury, Vt 205 Waterhous, George 652 Watson, Farmenas 631 Weare 5, 27, 166, 274, 631, 669 Weare, Jona 659 Meshech, Pres, . . .228, 236, 241, 255, 277, 278, 281, 287, 291, 293-295, 302, 329, 333, 334, 344, 377, 379, 384, 402, 445-449, 461, passim, 478, 484, 490, 502, 648-668, 574^601, 609- 613, 626. Samuel 643 Weathersfield, Vt 205, 399 Webb, Azariai 686 George 701 Webber, Christopher 241 Jotham 664 Webster, David, Col., 506, 531, 540, 554, 557 Eben'r, Col 5 ; notice of, 10 Eliphalet 24, 41, 45, 58, 641 James 649 John, Col 476, 563, 631, 634, 649 Levi 682 INDEX OF NAMES. 719 Webster, Samuel 639 Weed, Bagley 629 Orlando 652 Weeks, Ichabod 2, 18, 19 John, Capt 7, 19 Joshua 642 Wm 6'2o Wells, Vt 206, 399 Mr 333 ; Col., 388 Samuel 536, 637 Welsh, Joseph 603, 627 Wendall 6, 28, 166, 678 WendeU, John 215, 217, 633 Wentworth 7, 29, 167, 635, 687 Wentworth, Benning, Gov. . . .199, 200- 216, 208, 211, 260, 308, 336, 346, 376, John, Gov., 215, 217, 220, 260, 308, 336, 529, 623. John, jr , '241, 279; Esq., 304, 460 (Col., 476), 639, 617. Joshua, Col., 527, 546, 648, 552, 560, 561, 663, 599. Wesson, Ephraim 241, 634 West, Benja 5,— notice of, 11,-12, 16, 18 John 483 Westford, Vt 206 Westminster 204, 242, 246, 399 Westmoreland. . .6, 27, 166, 398, 400, 411, 633, 678. Wetherbe, Samuel 400 Weybridge, Vt 206 Wheatley, John 286 Wheeler, Benja 410 Joseph 410 Josiah 631 Nathaniel 684 Peter 409 Solomon 24,41,45,58, 615 Wheelock, Eleazer 413 Dr. [Eleazer] 290, 291, 322, 4.62 Col. [John] 290, 291 James 413 Whipple, Joseph, 241, 653, 555, 571, 589, 606 Moses 400, 632 Eulus 27, 41, 45, 46, 61, 675 Gen. ... 344, 355 ; Wm., 439, 497, 670, 613 Whitaker, Eev. 600 Whitcomb, Elisha, Maj., 5, 18, 27, 42, 45, 61, 379, 506, 514, 520, 526, 543, 610. Whiteside, Phineas 425, 428 White, John 561, 598 ; jun., 600, 631 Nath'l, Capt 29, 41, 45, 46, 62 Noah 34.P ; Mr., 388, 393 P 236, 495 Whiting, Jos 630 Nath., Capt 207 WTiittemore, Aaron 627 Mr 218 Whittier, Mark 645 Whiting, Vt 206 Whitingham, Vt 399 Wiggin, Andrew, jr 650 Jacob 657 Wiggin, Jona 2, 18 Mai-k 627 Simon 627 Thomas 691, 698, 700, 701-703 Wilbore, Nathaniel 678 Wilcox, Jesse 633 Uriah 28, 42, 45, 46, 61 WUkins, EU 668 Eobert B 5,— notice of, 10,-18 Samuel 630, 658 William, King 200 Willey, Allen 632 WiUiams, Isaac 586, 587, 602 Oliver 682 Samuel, Eev 198 Thomas 662 Williston, Vt 206 Willoughby, John 635. Wilmington, Vt .399 Wilmot 273 Wilson, Eob't 626, 640 Thomas 631 Wilton 6, 27, 166, 631, 669 Winch, Caleb 6, 19, 672 Winchester.. .5, 27, 166, 394, 411, 633, 678 Windham 3, 25, 165, 627, 660 V\'in|;ate, Daniel 656 John." 665 Joshua 628 Winhall, Vt 205 AVindsor, Vt., 204, 223, 242, 272, 284, 289, 333, 335, 395, 398, 399. Winlock, Vt 205 Wiunipisiogee lake 274 Winship, Jonathan 631 Winslow, Jacob 410 Witherell, Ephraim 465 Witherspoon, Mr 342; Eev. John, 351 Wolfeborough 4, 165,274, 629 Wood, Amos, Eev 27, 36,42, 45,61 Doct 619 Ebenezer 677 Eliphalet 409 Enoch 25, 45, 69 Woods, Henry 7 653 Woodford, Vt 204 Woodstock, Vt 204, 399 Woodward, Bezaleel, 2.35, 286, 324, 327, 341, 345, 363, 366, 371, 374, 388, 393, 394, 398, 400, 4'22, 426. David 286 EUjah 678 James 537, 582 Capt. M 648 ; Moses, 668, 571, 572 Woodworth, John 682 Worcester or Worster, Francis, 7, — no tice of, 11,-16, 19, 236. Worster, Vt 206 Worthen, Enoch 644 Worthly, Timothy 669 Wright, Oliver • 674 Peter 677 Wyman, Isaac, Col 34 Y Yarmouth, N. S 600 Yorr ? Andrew 663 Young, John 241, 286, 400, 572, 573, 681 Joseph 654 Nathan 674 Young, Peter 652 Eobert 558, 572,573 Samuel, Maj 7, 19, 681 Thomas 628 Timothy 656 YALE UNIVERSITY ^^^290020aiti*2 5lT3b 1- ,. ii"'*";' l:l''\' iiiilfeii.' iljii.f i^t'"? ¦ J ^ j-t^S^A^ -- 't— ^ . — - -_,-tt--- -1 ."Vj^