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MISCELLANEOUS

DOCUMENTS AND RECORDS

RELATING TO

NEW 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,
1781-1783.
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.

VOLUME X.

COMPILED AND EDITED BY

NATHANIEL BOUTON, D. D.,

Corresponding Secretary of the Neio Hampshire Historical Society.

CONCORD, N. H.:

EDWARD A. JENKS, STATE PRINTER.
1877.

ISrOTICE.

JOINT RESOLUTION, passed by the Legislature of New Hampshire.

Resolved by the Seriate and House of Representatives i7i General
Cotcrt 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 PEEFACE.

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
178S, 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 w^ere 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 jDrivations of the people, and
the noble patriotism which animated them. The census of
1773, ordered by Governor John Wentworth, and that of 17S6,
ordered by the General Assembly of the 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 17S4, in its Bill of
Rights, " spake, and it was done." Slavery vanished without

IV EDITORS 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 1633 ; 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 ofl!ice of Secretary of State, who have afforded him every
desired accommodation to consult early records and papers ;
and no less to the iDresident 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 of the 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
instruct 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, 1S77.

GEIfEEAL COIfTENTS.

Pages
Journal of the Convention which adopted the Federal

Constitution, 1788 1-22

List of Delegates 1-7

Biographical Notes by the Editor 8-1 1

Proceedings of Convention in Exeter, February, 1788 12-15

His Excellency John Sullivan, President 12

Proceedings of Convention in Concord, June, 178S 16-22

Articles proposed as amendments 17, 18

Yeas and nays 18, 19

Adoption of the Constitution 19

Letter from President Sullivan to Gov. John Hancock 22

Journal of the Convention which assembled in Concord

to revise the Constitution of New Hampshire, 1791-1792 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 41, 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 44, 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, »S;c 5i> 52

Oaths and subscriptions — sundry motions 52, 53

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, under "Yeas," the name " P. Page" should be D. Page.—Y.t).

Vlll GENERAL CONTENTS.

Pages

Committee on the "Council" and on the journals of both

houses 54

Committee's report on 19th article of Bill of Rights 54

Report of Committee on the Council 55> 5^

Resolves relating to courts, Sec 56, 57

Committee appointed to prepare and report amendments to be

submitted to the people — adjournment $7

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 71-91

Parti. 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 97-99' io5

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 11 o-i 12

Articles of amendment, sent out to the people 1 13-126

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 1 26-141

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

July 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. Colden, of New York 207

GENERAL CONTENTS.

Pages
1764. Pro'clamation by Gov. Wentworth, of New Hamp-
shire, March 13 208-210

Gov. Colden's statement to the Lords of Trade, in

England, Jan. 20 211-215

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 WentwortlVs 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.

Discontent in the border towns of New

Hampshire east of Connecticut river 228-241

Note by the Editor 228

1776.
Dec. 16. Extract from a letter of Hon. Meshech Weare to

N. H. delegates in Congress 228

An address "of several towns, &c., to the people at

large 229-235

State of New Hampshire — to the selectmen of

Hanover 235

Proceedings at town-meetings 236-241

Meeting at Hanover 236

Nov. 25. Meeting at Lyme 237

Dec. 9. Meeting at Acworth 238

Dec. 1 1 . Marlow — petition 239

Dec. 12. Chesterfield — instructions 239

Dec. 13. Haverhill, and other towns 240

GENERAL CONTENTS. Xl

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 from 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

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

SECTION VIL

First attempt of border towns in New Hamp-
shire TO unite with Vermont 272-295

Notes 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, — Ed.

XU GENERAL CONTENTS.

Pages

1778.

Aug. 19. Letter from Meshech Weare to N. H. delegates in

Congress touching said union 278

Aug. 22. Letter from Meshech Weare to Gov. Chittenden

of Vermont 279-281

Oct. 10. Report of Gen. Ethan Allen on the said subject to

the General Assembly of Vermont 282-284

Oct. 2 1 . 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 Paaiphlet entitled "A Public Defence of the
right of Nev/ 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 Towns

WEST OF Connecticut River 3^5-335

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 verbnl errors have been detected in the transcript of this pamphlet, which readers
if they please, may correct as follows : P. 305, first line, for " alterations," read altercations;
p. 307, fifth line from bottom, insert /m^f 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, after
" in," read the ap/>oi?itment of. — Ed.

GENERAL CONTENTS. Xlll

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.

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 33^

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 34^

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 345-351

Sept. 24. Resolves of Congress respecting the New Hamp-
shire Grants 35^-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
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 2^;^

Letter from Beza. Woodward to Samuel Livermore 365

Letter from Thomas Chittenden to Pres. Samuel

Huntington respecting sundry acts of Congress, 366-371
Aug. 30. Beza. Woodward's petition in behalf of people above

Charlestown, N. H., Grants 371-374

Aug. 31. 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 37S-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 279

Nov. 22. Letter from Gen. Bailey to Meshech Weare rela-
ting to the same affairs 379, 380

July

1780.

June

July

20.

July
July

25.
25.

SECTION X.

Fresh measures to form a new State on

both sides of the connecticut river 381-4oo

Convention at lYalpole, Nov. 15, 16, 1780 381-383

Dec. 12. Letter from Thomas Chittenden to Meshech Weare,
inclosing a copy of his letter to Congress of

25th July 384, 385

1781. Resolutions of the General Assembly of New Hamp-
shire, Jan. 13, 1781, instructing its delegates
in Congress 385

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 —

Origin of Convention 3^7

Journal of said Convention, Jan. 16-18 3SS-393

Protest of a minority of the delegates, Jan. 18 393, 394

Secret history of the Convention, by Ira Allen. . ^. 394-39^
Feb. 10. Note by the Editor— Letter from Elisha Payne to

the General Assembly of Vermont 39^

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, f &c. . . 398, 399

Members from towns east of Connecticut river 400

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 4o5' 4^6

Aug. 21. Letter from Samuel Livermore, delegate in Con-
gress, to Meshech Weare 4^7

Letter from several inhabitants of Haverhill (Coos)

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-
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.

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 41 8-422

Oct. 16-19. Report of the Council and Assembly of Vermont
on the Report of the Vermont delegates to
Congress 422-426

Oct. 22. Smnmons to Daniel Shattuck, &c 426

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 from Samuel King to Col. Chamberlain and

others on the abovesaid matters 441-443

GENERAL CONTENTS. XVll

Pages
I781.

Dec. 2. Letter from Col. Wm. Haywood to Capt. Phineas
Hutch ins (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 Alilitia 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. Soc. — Ed.

XVlll GENERAL CONTENTS.

Pages
1782.

Jan. 7. Letters of Committee of Safety — AYarrant to arrest

Nathaniel S. Prentice 467

Letters from Meshech Weare to Samuel Livermore,
relating to troubles in border towns and to
taxes 468-473

Jan. 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 476

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, 485

SECTION XIIL
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 Thomas 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 fiever issued. — Ed.

1782.

Dec. II.

^7^3-

Jan. 16.

Feb. II.

GENERAL CONTENTS. XIX

Pages

Letter from P. White and John T. Gihiian, in Con-
gress, to Pres. Weare 495

Letter from John Taylor Oilman to Meshech Weare 496
Letter from Enoch Hale to Meshech Weare, rela-
ting to difficulties in Cheshire county 497

Note by the Editor 498

All act of Congress for the adniission of the State

of Vermont into the Union 499, 500

Letters, Orders, &c., by the New Hampshire CoMxMittee 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.]

1779.

Jan. 9. To a committee in Alstead — about counterfeiters. . 503

1780.

Feb. 19. To officer in charge of continental stores in Coos.. 503

Mar. 7. To Jacob Cuyler, Esq 504

Mar. 31. To Maj. Joseph Bass, clothier, &c 504

Apr. 28. To Hon. Jerem. Powell, relating to Eastern expe-
dition 505

Apr. 28. To Messrs. Peabody and Folsom, in Congress. . . . 505

May 12. To Col. Jonathan Chase — order to raise 60 men. .. 506

May 12. " " " relating to the same 507

May 26. Resolve of Oeneral Assembly, relating to wheat and

flour 507

May 26. To President Powell of Tvlassachusetts, 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

GENERAL CONTENTS.

Pages
1780.

May 27. To James Underwood, respecting forfeited lands. . 511

June 2. To Col. Nichols and Mr. Underwood, respecting

forfeited lands 511

June 2. About purchasing rum 511

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 519
July 18. To Capt. Eliphalet Giddinge, about forwarding

beef cattle 520

July iS. 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 523

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 526

Aug. 19. To Capt. Josiah Moulton and Col. S. Folsom 527

Aug. 19. To Col. Joshua V/entworth 527

Aug. 19. To the Board of War 527

Aug. 23. To Capt. Eliphalet Giddings, to collect beef cattle 527

* Fourth line from top, the word " amount" should be account. — Ed.

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 ^^^y

Apr. 7. To Charles Johnston, Esq., and James Woodward,

relating to lands of absentees 537

Apr. 12. To Eliphalet Hale and Geo. Dame, inspectors of

shoes 537

Apr. 12. To Lt. Col. Sam'l Chase, to rent lands of absen-
tees 538

Apr. 13. To Capt. Ebenezer Dearing, to raise a company for

the defence of Piscataqua harbor 538

Apr. 14. Hon. John Wentworth, Jun., a Delegate to Con-

gi'ess 539

Apr. 19. To Col. Sam'l Chase, about renting farms of absen-
tees 539

Apr. 19. Relating to raising men for western frontiers 540

Apr. 19. To Moses Dow, Esq., Commissary of Purchase... . 540

Apr. 19. To Lt. Jona. Ring, order about rations 541

XXll GENERAL CONTENTS.

Pages

To Col. Charles Johnston, relating to troops for

western frontiers 541

To Gen. Benj. Bellows 542

To Matt. Patten and Thomas Sparhawk, Judges of

Probate 542

To Jedediah Jewett, sundry directions 543

Orders to Captain Ebenezer Bearing 543

Orders to Lt. Col. Dearborn and Jedediah Jewett,

relating to payment of soldiers 544

Orders to Francis Blood, Esq., to make returns of

provisions, &c 544

Order to Col. Joshua Wentworth to muster sol-
diers 545

Orders to Capt. E. Giddinge, F. Blood, and Col.

Samuel Hunt, about forwarding beef cattle. . . 545, 546
To Gov. Jona. Trumbull, relating to a counterfeiter 547

Orders to Lt. Joshua Merrow, relating to the same 547, 548
Order to Capt. M. Woodward to send prisoners to

Boston 548

To Maj. Gen. Folsom, relating to travel money. .. 549

To Lt. Joseph Huntoon, relating to deserters 549

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 Bearing, relating to Beserters

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 553, 554

July 28. To Col. Samuel Hunt, relating to supply of the

^rmy 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 557

I78I.

Apr.

19.

Apr.

19.

Apr.

21.

Apr.

27.

May

25.

May

25.

May

26.

July

GENERAL CONTENTS. XXlll

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

Aug. 18. Warrant to apprehend Robert Young 559

Sept. II. To Lt. Col. Daniel Runnels, about marching orders 559

Sept. II. To Cols. Wentworth and Evans, do. do 560, 561

Sept. 14. To John White, Jr., to take charge of rum, &c 561

Sept. 26. Orders to Lt. Col. Raynolds, to march to Charles-
town No. 4 561

Sept. 26. Orders to Capt. Dan'l Gordon, relating to the same 561

Sept. 27. Orders to Col. Wentworth and others, relating to

the same 562, 563

Sept. 27- To Col. Samuel Hunt, to furnish supplies 563

Sept. 27. To Francis Blood, Esq., do. do 564, 565

Sept. 27. Orders to Lt. Col. Raynolds, about supplies. 565

Sept. 28. To Gen. Bellows, do. do 565

Sept. 28. To Col. Charles Johnston, do. do 566, 567

Sept. 29. To Maj. Gen. Heath, relating to troubles in border

towns 567, 568

Oct. 6. To Francis Blood, Esq.,

Oct. 6. To Col. Samuel Hunt,

Oct. 6. 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, 572

Warrants to apprehend horse thieves 572, 573

Letter from Hon. Matthew 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 S7^

Letter to Hon. S. Livermore, about currency and

taxes 57S-581

Nov.

Dec.

29.

Dec.

10.

1782.

Jan.

18.

Jan.

26.

Feb.

23-

XXIV GENERAL CONTENTS.

Pages
1782.

Mar. I . A suspected person at Londonderry 581

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 584

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 586

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 590

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 IMcGray 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

GENERAL CONTENTS. XXV

Pages
1782.

Dec. 5. Jesse Christy to be taken into custody 603

Dec. 7. Order about beef cattle 603

Dec. 7. Tlie Board of War to examine accounts, &c 603

Dec. 13. Jesse Christy allowed liberty of the yard 604

Dec. 13. Recruits to be mustered and supplied 604

1783-

Jan. 3. Orders to Capt. Titus Salter 605

Jan. II. Order to Nicholas Oilman, Esq., Rec. Gen 605

Jan. 24. Letter to Joseph Whipple, Esq., relative to tax. . . . 606
Mar. 6. Letter to Hon. John Hancock, relating to dele-
gates, &c 606

Mar. 6. Lands of John Tufton Mason not be sold 607

Mar. 7. Stephen Gorham, Esq., commissioner to settle ac-
counts 607

Mar. 13. Col. Samuel Chase to rent lands of absentees 608

Mar. 2 1 . Letter to Gen. John Stark 608

Apr. 4. Order relating to Col. Geo. Reid 608

Apr. 10. Nicholas Oilman, Esq., deceased 609

Apr. 25. Jesse Christy discharged from gaol 609

May 16. Bridge to Janvrin's Island to be sold 610

May 23. British vessels to be entered 610

June 6. Settlement with N. H. troops — Depreciation 610, 611

July 1 1 . Order for removal of barracks, &c 612

July II. Order to enlist five effective men 612

July 25. Summons to answer for removal of powder 613

July 26. Hon. John Langdon desired to go to Congress 613

July 31. The town of Pembroke discharged from extents,

&c 613

Aug. 9. Order to inspect salt beef, &c 914

Aug. 16. Order to Enoch Hale, sheriff, about extents 614

Aug. 29. Permission for Dorothy Nelson to visit Portsmouth 615
Aug. 29. Permission for Abigail Robertson to visit Ports-
mouth 615

Oct. II. The town of Salem discharged from extents 615

Nov. 21. Excise on spirituous liquors at public vendue — Con-
ditions of sale — Committee for, &c 616-618

Dec. 25. Order to the Naval Officer respecting gunpowder. . 618

1784.

Jan. 3. Accounts for raising 2d Regiment to be settled 61S, 619

Jan. 23. Order relative to certain counterfeiters 619

Mar. 25. Letter to John Langdon, relating to free trade. . . . 620

May 14. 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 ^yj

Resolution and form of order for the census 638

Returns by counties, in alphabetical order of towns 639-651

County of Rockingham — Towns 639-65 1

Summary of returns from yj 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 689

Appendix 691-703

Note by the Editor 693, 694

Grant of the Province of Laconia 693-696

The Squamscott or Hilton's Point Patent 697-700

The Dover Combination 700, 701

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. Haverhill 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.

JOURlSr^L

OF THE PROCEEDINGS OF THE CONVENTION

OF THB

STATE or NEW HAMPSHIRE.

WHICH ADOPTED

THE PEDEML CONSTITUTION.

1788.

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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 doing 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 1791-2. 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
William 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, to 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 of the N. H. senate, and in the latter year was president of the
state, and in November, 1788, was elected senator of the United States,
and was the first president, /r^ tetn., of that body under the federal
constitution. He served in the senate two terms. From 1805 to 1808,
and again in 1810 and 1811, 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 78. (See Allen's Biog. Die, and
N. H. State Pap., Vols. VH and VHL)

(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 offices,
military and civil, with fidelity and honor.

BIOGRAPHICAL NOTES. 9

(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 offices 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 of the 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 of the 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, and one of the committee to remove the public records from
Portsmouth to Exeter in June, 1775. After the llev^olution, 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,
under command of Capt. John Paul Jones. Retiring from service in
1 78 1, 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 174.1. 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 at New 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 of 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, 1746. 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 of the building. He died Jan. 15, 1809, aged 62.
The late Governor William Badger was his son. \_Hist. of Gilmanton.'\

(11) 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. ScammePs 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 'j'j .

(12) Col. Ebenezer Webster, of Salisbury, was the father of Hon.
Ezekiel and Daniel Webster. He was born in Kingston in 1740. Set-
thng 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) BEN7AIMIN 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. 19, 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
1 77 1 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 v/as appointed by the town of Cornish, ]March 9,
1779, as their agent to attend a convention in Dresde9i, 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 of the federal convention in 178S.

[p. i;.] 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, Feb'". 13, 1788.
About fifty members being assembled, they proceeded to
the choice of a chairman, and the Honbl 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 regulat-
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. Oilman 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. 1 3

Met according to adjournment.

The Committee appointed to prepare rules for regulating
the proceedings in Convention reported the following, viz.

[p. 19.] i^K 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.

5**^. 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.] 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,

9"\ 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,

io*'\ That a motion to postpone any Question or to adjourn shall
take place of any other motion.

11*'^, 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^K

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^ 15^ 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 7*^
Sections.

Adjourned to 9 o'clock to-morrow morning.

Saturday, Feb^ 16*^ 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^ i8"\ 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, Feb''. I9^^ 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, FeR 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, Feb^'. 2i^\ 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.

1 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 the Town of Boscawen was
not legally elected a member.

Adjourned to 9 o'clock to-morrow morning.

Thursday, June I9*^ 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/

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 he
may incur an infamous punishment or loss of life, until he he first
indicted by a grand jury — except in such cases as may arise in the
government and regulation of the 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.] Eighthly, In civil actions between citizens of difterent States,
every issue o^f 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 tide 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.

STATE OF NEW HAMPSHIRE.

Twelfthly, Congress shall never disarm any citizen unless such as are
or have been in actual rebellion.

John Langdon,
for the Committee.

Signed —

[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 affirmative,
[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. Oilman
Mr. Blanchard
Mr. Adams
Mr. Weeks
Mr. Goss
Mr. Prescut
Mr. Thurston
Mr. Toppan
Mr. Langdon
Mr. Wiggin
Mr. Fogg

Yeas

Yeas.

Mr.

Rogers

Mr.

Wilkins

Mr.

T. Bartlett

Mr.

, Morss

Mr.

Chadwick

Mr.

Gerrish

Mr.

Gray

Mr.

West

Mr.

Glidden

Mr.

Shepherd

Mr.

Calfe

Mr.

Hall

Mr.

Bettan

Mr.

Whitcomb

Mr.

Moody

Mr.

Chamberlain

Mr.

Green

Mr.

Temple

Mr.

Sullivan

Mr.

Bellows

Mr.

Carr

Mr.

Chase

Mr.

Hale

Mr.

Griffin

Mr.

Bedee

Mr.

Kimball

Mr.

Shannon

Mr.

Livermore

JOURNAL OF CONVENTION.

Mr.

J. Bartlett

Mr. Chesley

Mr. Worster

Mr.

Stow Ranney

Mr. Hall

Mr. Crawford

Mr. Dakin

Mr. Johnson

Mr. Abbott.

Mr. Freeman
Mr. Payne
Mr. Simpson
Mr. Patterson
Mr. Young

S7 YEAS.

Mr. Weeks.

[P- 33-]

A^aj's

JVays

A^ays

Mr.

Runnels

Mr. Hooper

Mr. Jon'* Dow

Mr.

McMurphy

Mr. Austin

Mr. Green

Mr.

B. Clough

Mr. Page

Mr. Bean

Mr.

Sias

Mr. Cummings

Mr. Gaskill

Mr.

J. Clough

Mr. D. Bixby

Mr. Parker

Mr.

Smith

Mr. Hunt

Mr. Harvey

Mr.

Emery

Mr. Taylor

Mr. Thomas

Mr.

Fifield

Mr. Dole

Mr. M. Stone

Mr.

Chase

Mr. Page

Mr. Remmelee

Mr.

Sleeper

Mr. Kindrick

Mr. Grout

Mr.

B. Stone

Mr. Atherton

Mr. True

Mr.

Dow

Mr. Barrett

Mr. Penniman

Mr.

Steward

Mr. T. Bixby

Mr. Tainter

Mr.

Palmer

Mr. Jones

Mr. Winch

Mr.

Harper

Mr. Cragin

Mr. Hutchins

Mr.

Bado-er.

Mr. Cochran.

47 Nays.

STATE OF NEW HAMPSHIRE.

In Convention of the Delegates of the People of the
State of New Hampshire, June 2i^^ 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 insufificient 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 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.

[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 by
which he may incur an infamous punishment or loss of life,
until he be first 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 hitiidred?
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 Ratification 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

ZZ 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
7iinth State 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 21, 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, of Concord, p. 302.]

J" O XJ R iS" A. 31,

OF THE

CONVENTION

WHICH ASSEMBLED, IN CONCORD,

TO REVISE THE CONSTITUTION^ OF NEW HAMPSHIRE,

1791-1792,

STATE OF NEW HAMPSHIRE.

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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'.

brook Nath^ H. Dodge
Stratham Col. Jon^. Robinson
Kensington Jeremiah Fogg, Esq"".
South Hampton & East

Mr. Eliphalet Webster
Solomon Wheeler, Esq''.

2, 3-]

Names of Towns and
places represented.

Portsmouth < (2)

1(3)
Exeter (4)

Londonderry (5)

Chester (6)

Newington (7)

Greenland

Rye

North Hampton (8)
Hampton (9)
Hampton Falls & Sea-

bio2

JOURNAL OF CONVENTION. 25

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Thomas Tash, jun. Esq'.
David Copp, Esq'.
Col*^ David Page

Mr. Robert Parker
Mr. David Alld
Capt. Wm. Barron
Zechariah Chandler, Esq'.
Mr. William Page
Daniel Emerson, Esq'.
Joshua Atherton, Esq'.

Names of Towns and
places represented.

Lee

Madbury (24)

Meridith & New Hamp-

ton (25)
Sandwich (26)
Tamworth
Moultonboro' &c. (27)

8,9.]
Barns tead
New Durham, &c.
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Conway, Sec. (29)
Nottingham West
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Dunstable

Merrimac (30)
Bedford (31)
Ciofifstown

Holies (32)
Amherst (33)

JOURNAL OF CONVENTION.

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Mr. Andrew French
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Moses Chase, Esq"".
Mr. Uriah Wilcox
Capt John Duncan

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Mr. Nahum Parker
Col° Joseph Kimball

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Docf John Rogers
Thomas Crawford, Esq"".

Names of Towns and
places represented.

Rindge (44)

Walpole

Claremont

Cornish

Newport & Croydon

Acworth,Lempster &c (45)

Wendall & Unity

Surry, Gilsom & Sullivan

Stoddard & Washington

Dublin & Packersfield

Marlborough

Pltz William

Plainfield

Protectworth & N. Gran-

Holderness, &c. (46)

Plymouth & Rumney
New Chester, &c.

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87 nays

29 yeas
74 nays

33 yeas
51 nays

19 yeas
62 nays

65 yeas
14 nays

22 yeas
73 nays

31 yeas
70 nays

21 yeas
77 nays

18 yeas
81 nays

57 yeas
41 nays

15 yeas
79 nays

37 yeas
58 nays

38 yeas
64 nays

72 yeas
26 nays

61 yeas
34 nays

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35 nays

37 yeas
59 nays

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31 nays

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BIOGRAPHICAL SKETCHES BY THE EDITOR.

(i) John Pickering, Esq., was a native of Newington, graduated
at Harvard college, in 1761, and having devoted some time to theo-
logical studies, was offered the rectorship of an Episcopal church in
England. He declined, and applied himself to the study of the law,
in which he became eminent. He was attorney-general, 1786; was a
leading member of the convention, 1791-2; repeatedly a member of
the legislature ; president of the senate in 1789, and governor ex officio
of the state, on the election of Gov. John Langdon to the senate of
the United States. In 1790 he was appointed chief-justice of the
superior court, which office he held five years. He was afterwards
district judge of the United States. He received the degree of LL. D.
from Harvard and Dartmouth colleges. He died April 1 1 , 1805, aged ^T.

(2) Edward S. [St. Loe] Livermore was a son of Hon. Samuel
Livermore, president of the convention ; was a lawyer by profession ;
justice of the superior court of New Hampshire, 1797 to 1799. Remov-
ing to Massachusetts, he was a member of congress from 1807 to 1811 ;
he received the degree of LL. D. from Dartmouth college in 1800,
and died at Tewksbury, Mass., September 22, aged So.

(3) Daniel Humphreys, Esq.. was a native of Connecticut ; gradua-
ted at Yale college, 1757 ; came to Portsmouth about 1774, as a lawyer;
was employed by the general assembly that year to engross acts, for
which he received 2/. os. 6d.; was United States district-attorney.
New Hampshire. He died in 1827.

(4) Dr. Samuel Tenney was born in Byfield parish, Newbury,
Mass. ; graduated at Harvard college, 1772, and commenced the study of
medicine. He was present at the battle of Bunker Hill, where he
attended to the sick and wounded ; served during the whole war ; was
attached to the Rhode Island line of the army. At the close of the
war he retired from his profession and settled in Exeter, N. H. There
he was judge of probate many years; representative in congress, 1799
to 1807 ; he was an original member of the N. H. Medical Society, and
its vice-president ; a member of the American Academy of Arts and
Sciences ; an honorary member of the Massachusetts Medical Society,
and corresponding member of the Massachusetts Historical Society.
As a man of science and learning, and a true lover of his country, his
death was much lamented. He died February 6, 181 6.

BIOGRAPHICAL SKETCHES. 3 1

(5) James IMcGregore, Esq., of Londonderry, was a member of
the 4th provincial congress, in May, 1775 5 ^'^'^^ on a committee to pre-
pare a plan for furnishing troops ; on the committee for supply of the
army, and for the emission of money. He visited the army at Aledford
in June, 1775, and reported its condition to the committee of supply.

(6) Joseph Blaxchard, Esq., of Chester, born 1753, came to
Chester in 1772. Though of quite limited education, he was a man of
strong native good sense and sound judgment. He was represent-
ative, 17S8-1793; delegate to the convention which adopted the
Federal Constitution, 1788; senator and councillor, iSoo, 1801. He
died March 7, 1833, aged 80.

(7) Ephraim Pickering, Esq., of Newington, was appointed second
major in Colonel Whipple's regiment in 1776; was one of the com-
mittee of correspondence the same year, and was representative in
1780-1782. He was one of the selectmen of Newington in 1775.

(8) Moses Leavitt, Esq., of North Hampton, was appointed cap-
tain in the continental service, June 13, 1776, and authorized to raise
one hundred men to join the army in New York; was on a committee
of officers, at Hampton, in 1777, to petition the honorable committee
of safety to take measures for the defence of the seacoast ; again
appointed, 1778, to enlist soldiers for the continental army; was
appointed lieutenant-colonel of third regiment of New Hampshire
militia in 1781, and was representative to the general assembly in
1782, 1783.

(9) Hon. Christopher Toppan, of Hampton, was a very useful and
distinguished citizen, son of Dr. Edmund Toppan, and grandson of
Rev. Christopher Toppan, of Newbury, Mass. His mother was a daughter
of Colonel Joshua Wingate. Mr. Toppan often represented the town
in the legislature, was councillor in 1786, 1790, 1794. He died Febru-
ary, 1 819, aged 84.

(10) Hon. William Plumer, of Epping, was one of the most
intelligent, active, and influential members of the convention. He was
born in Newbury, Mass., June 25, 1759; in early life was a preacher ;
afterwards entered the law, and devoted a great part of his time to
civil affairs, in the service of the people : representative from Epping^
eight years, senator, president of the senate, speaker of the house of
representatives, senator in congress 1802-1807; for four years, 1S12,
1816-1818, governor of the state, and in 1820, presidential elector. He
was one of the original members and first president of the Ne\y Hamp-
shire Historical Society, 1823, and made a donation to the society of a
large and valuable collection of books, mostly public documents which
he had collected and bound together. He died December 22, 1850, at
the advanced age of 91 years. (See Memoir, &c., by his son, William
Plumer, Jr.)

(11) Gen. Joseph Cilley, was a native of Nottingham, son of
Captain Joseph Cilley, one of the original settlers of the town. Pie
was of the company that siezed Fort William and Mary in 1774. At
the commencement of the revolution he entered the army, was major,
colonel, and had command of the first N. H. regiment. Pie was dis-
tinguished for bravery and patriotism during the whole contest ; was a

32 STATE OF NEW HAMPSHIRE.

member of the Society of the Cincinnati, major-general of the N. H.
militia 1786, and as such headed the troops that quelled the insurrec-
tion in Exeter that year, arresting the leader of the rebels with his
own hand. Several times elected representative. He was senator and
councillor. He died, full of honors, August, 1799, aged 65.

(12) John McClary, of Epsom, was a delegate to the Provincial
Congress which met May, 1775, '^ representative from Epsom 1776 and
1778, a member of the committee of safety, councillor from 1780 to
1784, senator from 1784 to 1787, president of the senate 1785 and 1786,
and member of the convention 1791-92. He died June 16, 1801, aged
82.

(13) Benjamin Sias, Esq., was of Canterbury. He marched to
Saratoga, July, 1777, with eight volunteers from that town and Loudon ;
had command of the fifth company in Col. Stickney's regiment at the
battle of Bennington ; and of the second company of Col. Nichols's
regiment in Gen. Whipple's brigade, in Rhode Island, 1778; was at
Portsmouth with a company in 1779. He was a brave man, and ever
ready for action.

(14) Hon. Abiel Foster, of Canterbury, a native of Andover, Mass.,
born August, 1735 '•< was a graduate of Harvard college, 1756; ordained
as minister of the Congregational church in Canterbury, 1761 ; was dis-
missed 1779, and became distinguished in civil life as a magistrate
and legislator — representative, senator two years, and president of
that body; elected to congress in 1783, he was a member three years
under the old confederation; under the constitution of 1788 he was a
member ten years between 1789 and 1803. During life he was eminently
useful and honored. He died in Canterbur}^, February, 1806, aged 71.

(15) Hon. Timothy Walker was the only son of Rev. Timothy
Walker, the first minister of Concord; born June 27, 1737; was a
graduate of Harvard college, 1756; studied theology, and was licensed
to preach, September 11, 1759^ preached in various places without
settlement about six years. Subsequently he engaged for a while in
mercantile pursuits, — but, as the revolution came on, he entered with
patriotic fervor into the service of his country. He was a member of
the provincial congress in Exeter, May, 1775 ; one of the committee of
supplies ; paymaster of N. H. troops at IBunker Hill and elsewhere ;
colonel of the third N. H. regiment. In January, 1776, he was one of
the committee " to make a draft of the Declaration of Independence of
the United Colonies;" was one of the committee of safety; of the coun-
cil from 1776 to 1779; was repeatedly chosen as a delegate to the con-
tinental congress (though probably did not attend) ; was a member of
the constitutional conventions in 1778 and 1781 ; justice of the court of
common pleas from 1777 to 1809, being chief-justice the last five
years. In 1798 Judge Walker was the candidate of the republican
party for governor, against Governor John Taylor Gilman. Filling all
town and state offices to which he was called with fidelity and honor,
he died in the mansion where he was born. May 5, 1822, aged 85.
(See Bouton's Hz'sL Concord, pp. 579-582, etc.)

(16) Col. Nathaniel Head was born in that part of Chester which
is now Hooksett ,• he married a daughter of Timothy Knox, of Pern-

BIOGRAPHICAL SKETCHES. * 33

broke; was at Winter Hill in 1775 and 1776; ensign in Capt. Sias's
company of Col. Nichols's regiment in the expedition to Rhode Island,
1778, and captain in Col. Runnels's regiment, 1781. He was the grand-
father of Gen. Natt Head, of Hooksett.

(17) Hon. John Calfe, a native of Hampstead, clerk of this con-
vention, was twenty-nine years a justice of the peace, twenty-five years
on the bench of the court of common pleas, and twenty-five years clerk
of the house of representatives. He was a useful and good man. He
died October 30, 1803, aged 69.

(18) Dr. Nathaniel Peabody, Esq., of Atkinson, was one of the
distinguished men of his times. He was born in Topsfield, Mass.,
March i, 1741, son of Dr. Jacob Peabody; his mother, Susanna,
was a daughter of Rev. John Rogers, of Boxford, a descendant of the
martyr of that name. Having studied medicine with his father, he
settled in Atkinson, and had extensive practice. By turns he held
almost every office of trust and honor in the town and state — selectman,
representative, justice of the peace and quorum, colonel, adjutant-gen-
eral of the state, 1777-1778; commissioner with Jonathan Blanchard,
Esq., of Dunstable, to meet in convention at New Haven, Connecticut,
"to regulate the prices of labor," December, 1777; member of con-
gress, 1779-1781 ; and major-general of the militia of the state, 1793.
In the latter part of his life he was much in debt, for w^hich he was con-
fined in Exeter jail, where he died June 27, 1823, aged 82.

(19) James Gibson, Esq., of Pelham, ■was a member of the fifth
provincial congress, at Exeter, in December, 1775; representative,
1776; one of a committee to go to Boston to obtain information in
order to fix on a method for raising an army; representative, 1777 ; on
committee for regulation of trade, justice of the peace, and again
representative in 1778.

(20) John Waldron, Esq., of Dover, w^as a representative in the
provincial assembly 1774, and of the third provincial congress, at
Exeter, April, 1775. He was captain of a company in Dover, that was
designated by Gen. Sullivan to march to Winter Hill, in December,
1775, to take the place of the Connecticut forces that refused to
remain there. In 1776 he was colonel of a regiment, which was pro-
nounced by Gen. Sullivan to be "the first complete regiment on the
spot, and by far the largest and best that came from either colony."
He was a brave officer. In March, 1782, he was representative from
Dover to the general assembly.

(21) Hon. Ebenezer Thompson -was a native of Durham, and for
many years one of the most prominent of her citizens. He was many
times representative, clerk of the house and senate, secretary of state
^775~^7^S-> councillor 1787, commissioner to New Haven 1777, a mem-
ber of the committee of safety 1 775-1 781, justice of the superior court,
delegate to congress 1783, &c. He died August, 1S02, aged 65.

(22) Dr. James How, of Rochester, was a respectable physician,
and sometime member of the general court. He died October 13,
1807, aged 54.

34 • STATE OF NEW HAMPSHIRE.

(23) Rev. William Hooper, of Madbury, was a Baptist elder,
formerly of Berwick, Maine. He commenced preaching in Madbury
about 1773, and continued there several years.

(24) Thomas Cogswell, Esq., son of Nathaniel Cogswell, born
in Haverhill, Massachusetts, August 4, 1746. At the age of 24 he
married Ruth, daughter of Gen. Joseph Badger, of Gilmanton ; was
an officer in the revolutionary war, with the rank of colonel ; often
moderator and selectman in the town ; in 1784 to 1810 chief-justice of
the court of common pleas, and was twice a candidate for representa-
tive to congress. In September, 1804, he presented the Congregational
church in Gilmanton twenty-live dollars for purchasing a sacramental
service for the use of the church. He died September 3, 1810, aged 64.
His wife survived him, and died Oct. 16, 1839, aged 88. (See History
of Gihnantoii.)

(25) Hon. Ebenezer Smith, son of Daniel Smith, of Exeter, born
in 1734, was a proprietor of the town of Gilmanton, but became an
early settler in Meredith, 1768, and was as a "father to the town for
many years." He was representative, justice of the peace, judge of
probate, lieutenant-colonel of the loth regiment militia, and two years
president of the senate. He died at Meredith, August 27, 1807, aged 73.

(26) Daniel Bedee, Esq., was a member of the fifth provincial
congress, at Exeter, December, 1775 ; town-clerk and justice of the
peace the same year. He was representative to the general court,
justice of the quorum, judge of the court of common pleas, and was a
useful and much respected citizen of Sandwich.

(27) Col. Nathan Hoit, of Moultonborough, was a brave officer in
the revolution; in 1777 he was ensign in Capt. Daniel Livermore's
company; in 1781 he was lieutenant, and gradually advanced to the
command of a regiment.

(28) David Copp, Esq., of Wakefield, was a prominent citizen; in
1 77 1 he was appointed by Gov. John Wentworth one of a committee to
lay out a road from Wolfeborough to Dartmouth college ; in August,
1775, he was first major in Col. Joseph Badger's regiment of militia; in
November the same year he had command of a company for the
defence of the Piscataqua harbor and fortresses; in November, 1780,
lieutenant-colonel of the 19th regiment of militia; and in 1782-1783 he
represented the town in the legislature.

(29) Col. David Page was one of the early settlers in Conway.
He went thither from Concord, about 1765, and became a leading
citizen of the town.

(30) Capt. William Barron, of Merrimack, was a member of the
Hillsborough county congress, that met in Amherst, April, 1775; was
captain of Company 9, under Col. Isaac Wyman, 1776, and of Company
3, under Col. Moses Nichols, 1780, for the defence of West Point. He
was a brave officer and prompt in duty.

(31) Zechariah Chandler, Esq., born in Bedford, May 28, 1751,
'died April 20, 1830, aged 79. He was grandfather of the Hon. Zach

BIOGRAPHICAL SKETCHES. 35

Chandler, of Detroit, Michigan, who succeeded Gen. Lewis Cass as
U. S. senator, and is Secretary of the Interior at Washington.

(32) Daniel Emerson, Esq., of Hollis, was appointed a coroner for
Hillsborough county in 1776; captain of the 5th company in Colonel
Mooney's regiment, 1779, for the expedition to Rhode Island, and was
representative in 1782 ; he was a councillor in 1787, and died October
4, 1821, aged TS.

(j)^ Hon. Joshua Atherton, born at Harvard, Massachusetts, June
20, 1737; was a graduate of Harvard college, 1762; commenced the
practice of law in Amherst, 1772 ; was father of Hon. Charles H. Ath-
erton, and grandfather of Hon. Charles G. Atherton, both distinguished
as lawyers and civilians. In the revolution, Mr. Atherton at first
favored the loyalists, and for a time was imprisoned in Amherst jail,
but subsequently regained the confidence of his fellow-citizens ; was
a member of the convention that adopted the federal constitution 1788,
state senator 1793, and attorney-general of the state 1793-1801. He
died in Amherst, April 3, 1809, aged 71.

(34) Charles Barrett, Esq., was a distinguished citizen of New
Ipswich, son of Dea. Thomas Barrett, born in 1740; a man of inventive
genius and mechanical skill and enterprise, and an early manufacturer.
At the beginning of the revolution he was suspected of tory principles,
but he regained the confidence of his fellow-citizens ; was a delegate to
the federal convention in 1788, representative 14 years, a senator and
councillor. He died September 21, 1808, aged 68.

(35) William Abbott, Esq., born in Andover, Mass., Jan. 14, 1748 ;
settled in Wilton in 1772, where he was for many years a prominent
man in town affairs, serving as selectman, town-clerk, and representa-
tive ; he was also a member of the conventions of 1788 and 1791-2.
He was a patron of learning, good order, and religious institutions,
and a man of strict integrity. He died November 30, 1793, aged 45,
leaving a wife, six sons, and three daughters.

(36) Hon. Jeremiah Smith was one of the most active and influen-
tial members of the convention. He was a native of Peterborough,
born November 29, 1759; ^^^ ^^'^^ ^^ ^'^^ battle of Bennington at the
age of 18 ; graduated at Rutgers college in New Jersey, 1780 ; admitted
to the bar 1786, and practised in his native town about ten years;
represented that town 1788-1790; a member of congress 1791-1799,
four terms. In February, 1801, he was appointed by President Adams
judge of the circuit court of the United States ; in 1809 he was elected
governor of the state ; was chief-justice of the superior court from May,
1802, to May, 1809, and of the supreme judicial court from July, 1813,
to June, 1 816. He received the honorary degree of LL. D. both from
Harvard and Dartmouth colleges. He settled in Exeter about 1797,
where he resided the greater part of his public life, useful and honored.
He died at Dover, September 21, 1842, aged 83. (See Monoir of, by
Rev. John H. Morrison.)

(37) Robert Wallace, Esq., of Henniker, was a native of London-
derry, judge of the court of common pleas for Hillsborough county

36 STATE OF NEW HAMPSHIRE.

from 1S03 to 1813; councillor from 1788 to 1789, and from 1790 to 1803,
making in all 14 years. He died in January, 181 5, aged 66.

(38) Major Benjamin Pierce, of Hillsborough, born December 25,
1757, in Chelmsford, Mass. ; governor of the state in 1827, and again in
1829; was the father of Franklin Pierce, president of the United States
in 1 852-1 856. He was a soldier in the revolution, afterwards inspector-
general of the Hillsborough county militia, and brigadier-general ;
sheriff of the county 1807-1814, and 1819-1827; representative eleven
years, and councillor six years. A gentleman of the old school, and of
generous and noble impulses, he was held in honor as a citizen. He
died at his family mansion in Hillsborough, April i, 1839, in the 82d
year of his age.

(39) Rev. Amos Wood was pastor of a Baptist church in Weare ; he
was ordained November 19, 1788, and died February 3, 1793.

(40) Major Caleb Stark was the eldest son of Gen. John Stark,
born December 3, 1759. ^^ ^^^ ^^ ^^^ battle of Bunker Hill in 1775 ;
continued in the army through the war; he had commission as ensign
in 1776; was adjutant in Col. Cilley's regiment in the battle of Behmus
Heights, October, 1777. After the revolution he resided in Boston as
an importing merchant some years, but in 1812 he engaged in cotton
manufacture in Suncook, New Hampshire. He died in Oxford, Ohio,
August 26, 1838, but was buried in Dunbarton.

(41) Rev. Jonathan Searls was born in Rowley, Massachusetts;
graduated at Harvard college, 1765 ; was minister of the Congregational
church in Salisbury, of which Col. Ebenezer Webster was a member.
He was ordained November 17, 1773, dismissed November 8, 1791,
and died in December, 1819, aged 74.

(42) Nath'l Sartile Prentice, of Alstead, was town-clerk in 1775,
representative in 1775 and 1776; was captain of a company, and justice
of the peace for Cheshire county in 1776, and in July of that year was
one of the committee of safety. When the dispute arose relating to
the New Hampshire grants, 1 776-1 780, he took sides with Vermont,
and on Dec. 5, 1781, a warrant was issued for his arrest, on charge of
"acting as an officer of Vermont" within the bounds of New Hamp-
shire, and as "guilty of sundry acts inimical to this state." Accord-
ingly he was arrested, tried by the committee of safety, and imprisoned
in Exeter gaol, 1782. In March the general assembly voted "to strike
off his name from the list of civil officers in the state." It appears that
he regained the confidence of his fellow-citizens, and was delegate to
the convention in 1791-92.

(43) Daniel Newcomb, Esq., of Keene, graduated at Harvard col-
lege 1768; w^as town-clerk; one of the delegates to the convention in
Walpole, November 15, 1780, relating to the jurisdiction of the New
Hampshire grants, and again at Charlestown in January 24, 1781. In
1 796-1 798 he was chief-justice of the court of common pleas for Cheshire
county. He died 181 8.

(44) Col. Daniel Rand, of Rindge, was born in Shrewsbury, Massa-
chusetts, Oct. 15, 1742, son of Solomon Rand. In the revolution he

BIOGRAPHICAL SKETCHES. 3/

was an ensign in the Lexington company, lieutenant in Col. Isaac
Wyman's regiment in 1776, and captain in Col. Moore's regiment
in 1777, and was appointed colonel of New Hampshire militia about
1785. He represented the town in the legislature ten years, and seven
years was one of the selectmen of the town ; a man "of strict integrity
and unimpeachable character." He died July 3, 181 1, aged 69.

(45) John Duncan, Esq., was a native of Londonderry, and settled
in Antrim in 1773, his family being the seventh that settled there. He
was long an eminent citizen, being selectman, town-clerk, representa-
tive, and senator. His cheerfulness, candor, and integrity won him
many friends. As a magistrate, he was eminently a peace-maker; and
as an elder of the church, he labored to advance the moral and religious
interests of the town. Sometimes, but sparingly, he indulged in sallies
of wit. A Mr. Pickering, an eminent lawyer, once said in the house of
representatives that lawyers were the pillars of the state, as without
their aid not a single important bill could be drafted. Mr. Duncan rose
and said, in his Scottish accent, — ''Mr. Speaker : There are different
kinds of pallyars : there is a kind of pallyars that supports buildings ;
there is also another kind of pallyars called eater-pally ars^ that devour
men's substance. If the gentleman refers to the latter kind of pall-
yars, I perfectly agree with him."' He closed his long life in March,
1823, at the age of 89. {Hist, of Antrim.)

(46) Hon. Samuel Livermore, Esq., president of the convention,
was probably a descendant of John Livermore, who was in Water-
town, Mass., 1642. He was born in Waltham, Mass., May 14, 1732,
O. S; graduated at Princeton, N. J., 1752; came to New Hampshire
1757, and established himself in Portsmouth ; for several years was
judge-advocate of the admiralty court, and in 1769 was the king's
attorney-general for New Hampshire. About 1765 he settled in Hol-
derness, Grafton county ; representative from that town ; attorney-
general of the state before the revolution, and afterward, 1776; in 1779
he was appointed commissioner to support and defend the claims to
the New Hampshire grants ; member of congress 1 780-1 782, and then
chief-justice of the state 1 782-1 790, as successor of Hon. Meshech
Weare. He was a member of the federal convention in 1788; again
elected to congress 1 790-1 793; United States senator six years; he
received the honorary degree of LL. D. from Dartmouth college
1792. He died at Holderness, May, 1803, in the 72d year of his age.

(47) Elisha Payne, Esq., of Lebanon, graduate of Dartmouth
college in 1784; died 1808, aged 45.

[p. 37.] A JOURNAL OF THE Proceedings of the Con-
vention OF THE State of New Hampshire for re-
vising THE Constitution of said State.

Wednesday, Sept^ 7*^ 1791.

Upwards of eighty members met in Convention agreably
to precepts issued for that purpose : After making choice of
the Hon^^^ Timothy Walker, Esq. as chairman and being
sworn, proceeded to the choice of a Secretary by ballot, and
John Calfe, Esq. was chosen and sworn for that purpose.

Motion was then made for the choice of a President and
the Hon^'l Samuel Livermore, Esq. was chosen.

Voted, That Mr. Cilley, Mr. Thompson, Mr. Newcomb,
Mr. Walker & Mr. Macgregore be a Committee to examine
the returns of the several members and report thereon.

Voted, That Mr. Plummer, Mr. Page, Mr. Rogers, Mr.
[p. 38.] Livermore & Mr. Atherton be a Committee to re-
port such rules as they may judge necessary to be observed
in regulating the proceedings in this Convention.

Voted that the Rev*^ Mr. Evans be requested to attend
and officiate as Chaplain (i) to this Convention during their
present Session.

Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept^* 8"\ 1791.

Met according to adjournment.

The Committee to examine the returns having reported :
Resolved that the returns of members from the Towns and
districts intitled to send delegates to this Convention be re-
ceived and deemed sufficient unless any particular objection
is made thereto.

With respect to Towns that had chosen members, who
had not heretofore sent Representatives to the General
Court, the Committee reported as follows : — That the Town
of Epsom is intitled by Constitution to send a member to
Convention.

(i) The Rev. Israel Evans was at this time minister of Concord, and pastor of the Congre-
gational church. He was a chaplain in the army during the revolution. From 1777 till the
close of the war he was connected with the New Hampshire brigade, at first under the com-
mand of Gen. Enoch Poor. He was a great admirer and friend of Gen. Washington. It is
related that in his last sickness, being visited by Rev. Dr. IMcFarland, his successor in office,
the latter prayed for him, "That at life's close he might sit down with Abraham, Isaac, and
Jacob in the kingdom of God." To which Mr. Evans audibly added, "and ivith Washing-
ton, too." He died in 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 wdien he has finished shall sit down.

4*K No member shall speak more than twice in any one
debate on the same day without leave of the Convention.

5^^ 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.

40 STATE OF NEW HAMPSHIRE.

gth 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.

lo^^ 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.

13^^ 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.

I4^'\ 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.

i5*^\ Every question being put by the President shall be
taken to be in the afifirmative 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.

i6^^ No person except a member or an of^cer 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.

(i) 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 of the state house in i8ig. See Boutan's Hist, of Concord, pp.
304-307.— Eu.

JOURNAL OF CONVENTION.

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.

Veas.

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. Greelev

Mr. White.

Mr. Stark '

A^ays.

ATays.

[p. 45.] 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. Ciliey

Mr. Cogswell

Mr. March

Mr. Clough

Mr. McCIarev

Mr. Hooper

Mr. Clark

Mr. Smith

Mr. Si as

Mr. Bedee

Mr. Foster

Mr. Hodgdon

STATE OF NEW HAMPSHIRE.

Mr. D. Page

Mr. R. Parker

Mr. AIM

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. Warden
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.] I7^^ 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^^ lo^'^ IIt^ I2t^ 13^ 14,'^^ 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 2i^S 22^ 23"\ 24^^ 25*^ 26*^, 27'^ 28"^ 29"^ & 30^^^ were
read and no debate ensued.

The 31'* 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 w^as
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 Sepf. 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.)

Veas. Yeas.

Mr. E'l Livermore Mr. Goss

Mr. Humphrey Mr. Robinson

Mr. Tinney Mr. Fogg

Mr. Macgregore Mr. Stow Ranney

JOURNAL OF CONVENTION.

Mr. Plummer

Mr. Rogers

Mr. March

Mr. Waldron

Mr. Thompson

Mr. Chandler

Mr. Page (Goffstown)

Mr. Barrett

Mr. Fisk

Mr. Jere 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
Vlx. How
Mr. Waldron
Mr. Harper
Mr. Cogswell
Mr. Clough
Mr. Hooper
Mr. E. Smith
Mr. Bedee
Mr. Hoit
Mr. Hodgdon
Mr. Tash
Mr. Copp

29 yeas, 74 nays — so it
Adjourned to 3 o'clock

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. Warden
Mr. Tainter
Mr. N. Parker
Mr. Kimball
Mr. S. Duncan
Mr. Rogers
Mr. Crawford
Mr. Johnson
Mr. Hutchens
Mr. Tarlton
Mr. White
Mr. Carlton.

was determined to be out of order.
P. M.

46 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.)

Veas. 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.] 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^^ I0*^ & 11*^^ paragraphs were read & no debate
ensued.

The 12^^ 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 jv or « as entered against the name of each member on u 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. 49-51]
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 Plumer. — Marg.
f Names are not in any case entered. — Ed.

50 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.] 21 yeas — yj Nays. So it passed in the negative.

Adjourned to 8 o'clock to-morrow morning.

Tuesday, Sept. 13*^ 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 I0*^ II*^ I2*^ I3*^ I4*^ I5^^ I6^^ & 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 GenV &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. $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 : —

jst "Xhe 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.

^th "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. 6/.] 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.

5^^ "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.

6'^ "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 the 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
Jive Jmndred pounds I' 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 a 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 7ne 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^^ 7*^ S*^, 9*^ & lo^^ 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
" nav^al 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.] 1 5 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. — Mar^:

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, Sepf^ 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 &
Laws."

JOURNAL OF 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 :

2,8 yeas — 64 nays. So it was negatived,
[p. 2y.~\ Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept^' I5*^ 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. 'j%?[ 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 Secre-
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-
ins; 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. 5/

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.] 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
abolish 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, Sept'' 16"', 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.

STATE OF NEW HAMPSHIRE.

"V:

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John Pickering, Esq'.
Edward S. Livermore, Esq'.
Daniel Humphreys, Esq'.
Doct'. Samuel Tenney
James Macgregore, Esq',
Joseph Blanchard, Esq'.
Ephraim Pickering, Esq'.
Mr. George Brackett
Mr. Nathan Goss
Moses Leavitt, Esq'.
Christopher Toppan, Esq'.
Nath' H. Dodge
Col. Jonathan Robinson
Jeremiah Fogg, Esq'.
Mr. Eliphalet Webster
Solomon Wheeler, Esq'.
Tho^ Stow Ranney, Esq'.
William Plumer, Esq'.
Nathaniel Rogers, Esq'.

JJ ui paiBsdaj jou 3jb pa

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JOURNAL OF CONVENTION.

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Mr. Charles Hodgdon
Thomas Tash, Jun. Esq'.
David Copp, Esq'.
Col" David Page
Mr. Robert Parker
Mr. David Alld
Capt. Wm. Barron
Zechariah Chandler, Esq'.
Mr. William Page
Daniel Emerson, Esq'.
Joshua Atherton, Esq'.

Charles Barrett, Esq'.
Mr. Jonathan Fisk
William Abbott, Esq'.
Peter Clark, Esq'.
Mr. John Cragin
Jeremiah Smith, Esq'.
Mr. Daniel Nicols
Robert Wallace, Esq'. .

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Samuel Duncan, Esq'.
Sam^ Livermore, Esq'.
Doct' John Rogers
Thomas Crawford, Esq'.
Jesse Johnson, Esq'.
Jonathan Freeman, Esq'.
Elisha Payne, Esq'.
Capt. Jon^ Franklin
Col" Joseph Hutchins
William Tarlton, Esq'.
Capt. Nathi White
Capt. Peter Carlton
Mr. Wm. Cargill

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poicadaj ;ou sjr pa
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1 49 yeas
50 nays

2 44 yeas
45 nays

3 48 yeas
54 nays

4 56 yeas

39 J^ays

5 64 yeas
34 nays

6 56 yeas

45 nays

7 47 yeas
52 nays

8 50 yeas

46 nays

9 46 yeas
49 nays

[12]

19 yeas
79 nays

57 yeas
35 nays

34 yeas
62 nays

JOURNAL OF CONVENTION. 63

[p. Sy.] Wednesday, Feb^ 8*^ 1792.

Several members of Convention met agreeably to adjourn-
ment ; but there not being a quorum, and the President be-
ing absent (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. S8.] Adjourned to 3 o'clock, P. M. Met accordingly.

[Note. The editor, with advice, has judged it expedient here to insert
full, first, 77i€ alterations and amendments proposed by the abovesaid
cofumittee ; and second, T/ie 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 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, 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, exxept 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 sliled. 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 ; in 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 by the 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 ; 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 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
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 jDay,
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 provides, shall be considered an inhab-
itant for the purpose 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 Towms, 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, W'ho 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

66 STATE OF NEW HAMPSHIRE.

record in open meeting of the name of every person voted for, and the
nmnber 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 wdiich such town or parish is, on or before the Second Wednes-
day of April next following such Town Meeting ;

Provided 7ievertheless, 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 age 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 same 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.

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'^ Selectmen & 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'i 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 elect-
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. 6/

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 jtevertheless. 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 power.
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 ofiice ; — 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 iieruertheless, 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 Regfister.

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'
elates 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 ?ne 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-
corporation.

II. \The Constitution as reported by the comtnittee, February 9, 1792,
with the foregoing alterations a7id aynetidments iticorporated. — 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.

All men have certain natural, essential, and inherent rights — among
which are, the enjoying and defending life and liberty ; acquiring, pos-
sessing, and protecting property ; and, in a word, of seeking and ob-
taining happiness.

When men enter into a state of society, they surrender 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.

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.

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 tiotiuithstandi?ig. 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.

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.

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.

10.

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

leaving 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.

15-

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 offences.

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 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 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.

35-

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.^ ^

OEconomy being a most essential virtue in all States, especially in a
young one ; no pension shall be granted, but in consideration of actual

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.

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 of the 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 the name of
the State, for the hearing, trying, and determining all manner of

JOURNAL OF CONVENTION. 77

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

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 therCipf, 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
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 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 ofiice 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 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 untill others are appointed in their room, to receive,
examine and count the votes for Senators & make a proper record there-
of, 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 ?ievertheless, 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 of this 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
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 at any time exceed that number ; nor shall the

JOURNAL OF CONVENTION. 8l

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 second branch in the
Legislature.

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 tlie 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#v'hose title shall
be His Excellency.

The Governor shall be chosen annually, and no person shall be eligi-
ble 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 ; & 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 list 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
lay the same before the Senate & House of Representatives on the
third Wednesday of September, to be by them examined : And in case

JOURNAL OF CONVENTION. 83

of an 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 with 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 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
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 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 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 the 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 h:\ve 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 jievertheless. 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 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.

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 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 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. 8/

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 shaU 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 of the 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 »S: Council,

8S 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 of the 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 ot
the country ; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and oecon-
omy, honesty and punctuality, sincerity, sobriety, and all social aftec-
tions, and generous sentiments, among the people.

JOURNAL OF CONVENTION. 89

OATH and Subscriptions; Exclnsion front Offices; Commissions;
Writs ; Habeas Corpus ; the Enacting Stile ; Continuance of Officers ;
Provision for a future Revision of the 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 2i7ider tJie pains and penalties of perJ2iry .

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.

go STATE OF NEW HAMPSHIRE.

shall be — B^ 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 tovv'n 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. 9I

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. SS.']

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 Honb^ Nath^
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 ;" —
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, Feb^' I0*^ 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-
ticle 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

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. 55] 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.] 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
Gov'ernor and Council shall be compensated," &c.

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 Avas 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.

Monda}^, Feb^' 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 to 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, Feb^ 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
Proviso, 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-
ress.

Adjourned to 9 o'clock to-morrow morning.

Wednesday, Feb>' 15^^ 1792.

Convention met according to adjournment. After read-
ing the Journal, &c. Proceeded to the report of the Com-

JOURNAL OF CONVENTION. 9/

mittee under the head County Treasurer, &c. the first
[p. 1 01.] 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
aofain ; 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.

98 STATE OF NEW HAMPSHIRE.

[p. 104.] Thursday, Feb^ I6*^ 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 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 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 duty
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 by Jury."

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.
[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 that 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 v/ords "ought to" 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 morning.

Friday, Feb>' 17*^ 1792.

Convention met according to adjournment. After reading
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

100 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 65 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. no.] 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. lOI

[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,"
etc. 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, Feb^' I8*^ 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, shall 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 & 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. IO3

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, Feb^, 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 Bill 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"^ 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.

i^' 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*1 Paragraph — Strike out the word " biennially," and insert the word
" annupJly."

4*1^ 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.

y^^ 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^^ Paragraph — Strike out the words " every second year," and insert
the word " annually."

iQth^ jjth^ ^ j2th 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 t/iau 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"^ 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."

14th 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. IO5

5'^^ 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 shall 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
Jury.

" 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.

8'^^ Paragraph, the words " or Judge of Probate" to follow the word
"Court." Strike out the words "sixty-five," and insert the word
" seventy."

II "1 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.

i^' Paragraph — Strike out the words " Lieut. Governor."

5'^ Paragraph, — Strike the whole out.

10"^ 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."

I06 STATE OF NEW HAMPSHIRE.

14 Paragraph strike out.

15 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.

6*^^ 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."

8'^ 9^^ Iot^ IIt^ I2t^ I3t^ I4^^ I5^^ 16*^ 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^ 23^ 24"\ 25^^ 26^^ 27^^ 28^^, 29^^ 3o*^ ^i^\ 32^

33^\ and 34*'-^ rec'l

[p. 119.] 35^^ accepted, with striking out the words "or

Superior."

^5^ ^^th^ 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. 10/

General Court.

i^* paragraph 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.

5*^ Paragraph accepted with the alterations made in Com-
mittee of the whole.

Adjourned to 9 o'clock to-morrow morning.

Tuesday, Feb^' 2i^^ 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^*^ & 10*^ 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 2. proviso to
prevent the number of Representatives being more than
one hundred and ten at any one time hereafter, &c. 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, Feb^ 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, io9

Council,

and voted to erase the paragraph giving Uberty 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, Feb^, 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."

no 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 was 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. P'reeman 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 Concord."

JOURNAL OF CONVENTION. 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, Feb^' 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 & Doct^" 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
be 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 1792.

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 Feb>', 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 Doct^' 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 discrejDancy 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.]

[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 the
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

Votes
for the
Amend-
ments.

Votes

against

the

Amend' ts.

114

STATE OF NEW HAMPSHIRE.

Votes

for the

against

Amend-

the^

ments.

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 i8"\ That the words " those of," " dye,"
be expunged, & the word " offences " inserted.

No. 4.

Article 19*^. To be expunged & the following sub-
jstituted 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 affirmation ; & 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. 5.

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 or 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 Octo"", tS: at such other times as they may Judge necessary &. shall
dissolve and be dissolved seven da^-s 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 thirteeti 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 nearly 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. 11/

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 ofiiice, 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 fievert/ieless,
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 of the
Senate shall make a quorum for doing business ; & when less than eight
Senators shall be present, the assent of five 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 of the 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

120 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 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
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 signed 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 th.j 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 vacanc}', 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 of the 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 of the 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. 53.

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 yj^"^^ 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
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.

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. 59.
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. 125

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. d"].

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 of the 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
m.ember 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 tlie 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 qualified 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 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.

JOHN PICKERING,

President, P. T.
Attest : John Calfe, Secretary.

NOTE BY THE EDITOR.

[Here follows the amended Constitution, wdth 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 iS''^ 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 Hajiip shire.

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. 12/

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 Wednesdav 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 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
ofiicers 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 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 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.

Provided nevertheless. That no person shall be capable of being
elected a Senator, vv'ho 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.

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

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
Sheritf 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 maybe 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
the 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 ihe 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. I3I

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 ^Nlarch, 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 Us 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.

132 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 qualitications 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 ap]Droved 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 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 da3-s 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, v/hen 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.

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 olTences, 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.

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 particularly as may be; together with the con-
dition of such forts and garrisons : And the commanding officer shall

JOURNAL OF CONVENTION. 1 35

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
Secretarv, 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.

136 STATE OF NEW HAMPSHIRE.

The Legislature may, if the public good shall hereafter require it,
divide the State into hve 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
of the 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 ofiice 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 trust.

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 7ievertheless, 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, w^hen the damages demanded shall not ex-
ceed /o?^r ^ou /ids, 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 (Econ-
omy, honesty and punctuality, sincerity, sobriety, and all social affec-
tions, and generous sentiments, among the people.

OATH and S?(bscriptiofis ; Exxhision from Offices; Coviviissions ;
Wi'its ; Co}iJir7nation of Laws ; Habeas Corpi/s ; tJie Enacting Stile ;
Continuance of Officers ; Provision for a future Revision of the 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 sw^ar 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.

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 w'ords So
help me God, subjoining instead thereof, TJiis I do under tJie 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

JOURNxVL OF CONVENTION. 1 39

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 Legislature shall from time to time appoint.

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 w'hence 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 aiTect
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, excepted.

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 setded 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 the 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
be observed afterwards, at the expiration of every seven years.

This 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 according to adjournment.

Proceeded to the choice of a Committee for examining the
Returns from the several Towns, and Mr. Calfe, Mr. Plum-
mer & INIr. 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-tliirds vote was necessary
ment. — Ed.]

for the acceptance of an amend-

No. I
2

5
6

7
8

For

994
3760

3567
3336
2511
30S0

1627
4205
4330

2I2<S

Against.

3993 .... Rejected
293. . . .Accepted
462 Do.

594 Do.

1554 .Rejected

969.. . .Accepted
914 Do.

2226 Rejecf^.

219. . . .Accepted
144 Do

1846 Reject^.

12
13

15
16

For
2407
2624

2300

2542

17 2763
2343

2329

2693

22 2946

19
20

Against.

1478 Rejecf^.

1219. . . .Accepted

1 102 Do.

1500 Reject'^

1 1 74 Accepted

1065 AcctP^.

1 541 Reject^

1657 Rejct*^

1191 Reje*^.

1034 Accepted

813 Do.

142

STATE OF NEW HAMPSHIRE.

25
26

27
28
29
30

33
34
35
36
37
38

134.]
41
42

45
46

For
2565
2868
2406

2653
28S3

30S7
2018

2475
2203
1920
2659
2319
2183
2327
2077
2422
2467
2104

22S7

2553
1929
2102
2356
4623
2384

Against.
. 1007. .
. 800 . .
.1255 .
. II20. .

. 489..
. 460.,
.1769.
. I I 63 . .
.1454.
. 161 I .
.1081..
.1258 .

•i33<^-
. 1 196 .
.1558.
.1113..
. 1220..
. 1270 .

•1336.
.1044..

.1584.
.1320.
. II 13..
. 820..
. 1092..

.Accepted
......Do.

.Rejected
.Accepted

Do.

.Rejected
.Accepted
.Rejected
.Rejected
.Accepted
.Rejected
.Rejected
.Rejected
.Rejected

• Accepted
......Do.

.Rejected

.Rejected
.Accepted

• Rejected
.Rejected

• Accepted

Do.

Do-

49
50
51
52
53
54
55
56
57
58

59
60

65
66

67
68
69

For
116^
2748
32S4
2391
2869
3III
2168
1540
2156
1883
2228
2607

3140
2899
3268
2540
2905
2852

3037
3085
2244
2127

2499
3104

3327

Against.

. .1248 Rejected

. . 649.. . .Accepted

.. 3T^ Do.

. • 1019 Do.

. . 714 Do.

. . 426 Do.

. . 1368 . . . .Rejected

. . 191 1 Rejected

. . 1 192 . Rejected

• . 1340 Rejected

. . 1 103 Accepted

. . 912 Do.

. • 499 Do.

. . 450 Do.

. . 294 Do.

. . 404 Do.

.. 439 Do.

. . 302 Do.

. . 300 Do.

• • 205 Do.

. . 907 Do^

.. 682 Do.

.. 867 Do.

. . 226 Do.

.. 187 Do.

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

Sign'd

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-
sary 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 lO 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 fairly 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
qualifications 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.] 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. 1 45

[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 tow^ns 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,
l3*ing within this State, who is not of the age of thirty }-ears, 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 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 ot the
respective towns and parishes aforesaid have. And the meetings ot 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 of the 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 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 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 m
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 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.

The Senate shall appoint their President, and other 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. 1 4/

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 sheriff, 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 of the 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. 1 53] 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
of 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.

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 eff'ect, 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 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 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.

150 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. I5I

moved from his office, but b}* the address of both Houses to the Gov-
[p. 165.] 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
?>Iajor-Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.

The Governor and Council shall appoint all officers of the continental
arm}-, whom, by the confederation of the United States, it is provided
that this State shall appoint ; as also all officers of forts and garrisons.

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 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 prop-
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.

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 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 500 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 10 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, & submitted

TO THE PEOPLE THEREOF FOR THEIR APPROBATION.

In Convention held at Concord, the last Wednesday of May, 1792,
by adjo2t.?'iunc?it.

Whereas upon examining the retiir7is froui the several toiuns and 7in-
incorporated places, it appears that nnder the heads senate, gov-
ernor and council, inaiiy articles are approved by two thirds of the
voters ; and many are not approved, by reason whereof said amefid-
vients are rendered inconsistant, and contradictory : And the con-
vention not havi?ig 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 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 ffth day of Septeinber 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 ratitied 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 — Thei-efore 7'esolved, 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 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 tow^ns 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 chosen 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 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-

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 impartiall}- 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 votes 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 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 and recommended by the field officers to the governor who
is to issue their commissions immediately on receipt of such recom-
mendation.

WiiExXEVER the chair of the Governor shall become vacant, by reason
of his death, absence from the state, or otherwise, the president of

JOURNAL OF CONVENTION. 15/

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 of this state, to assemble in martial array, and put in warlike
posture, {he 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 na\'y, 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
olTence or oflfences 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 beins:.

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
rnajority 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. I5g

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,
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 order-
ing 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 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 ma}' 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.

/ 1 01071 clerk of do certify, that at a legal

vieeting duly wariied and held in the town of zV/ the county of

this day of a)ino doniini 1702, for tJie purpose of

considering the foregoing ainendnioits, to the co/istitution of the state of

New Hampshire, as agreed upon ifi conve7itio7i ; that there were

voters prese7it who voted for the ante7idnients, a7id voters pres-

e7it who voted agai7ist the a7nend}nc}its.

Attest : Town Clerk.

l60 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. 10. 26. 27. 28. 39. 49. 50. 51.
52. 53. 58. 59. 60. 61. 62. 6^. 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.

II.

That the word assembly, be expunged, and the word legislature in-
serted.

III.

That the words " ^/toss of'' be expunged, and the word " t(ye " 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.

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.

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.

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
the judges of probate shall hold their courts at such place or places on
such fixed days as the conveniency of the people may requu-e, 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 maybe 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 Hampshire, and will support the constitution
thereof. So help me God.

LXVII.

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 and 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 of the 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 aftervvards at the expiration of every seven years.

SAMUEL LIVERMORE, President.

Attest : JOHN CALFE, Secretary.

[p. 168.] Wednesday, Sept^ 5^^ 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, Sept^ 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 of the voters who voted thereon.

Sign'd Dan^ Newcomb,

for Committee.

Which report was read & considered, rec*^^ and accepted.

JOURNAL OF CONVENTION.

i6s

[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.

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,

Votes
for.

Ags't.

.50

Names of Towns.

Newington,

New Market,

New Castle,

Newtown,

Northfield,

North Hampton,

North wood,

Nottingham,

Pelham,

[p. 170.] Pembroke,

Plastow,

Poplin,

Portsmouth,

Pittsfield,

Raymond,

Rye,

Salem,

Sandown,

Seabrook,

South Hampton,

Stratham,

Windham,

Votes
for.

22
18

Ags't.

14
O

2
I

33
o

COUNTY OF STRAFFORD.

Barnstead,

Barrington,

Conway,

Dover,

Durham,

Eaton,

Effingham,

Gilmantown,

Lee,

Locations,

S. Stark,

A. Stark,

Hugh Sterling,

Madbury,

Merrideth,

Middletown,

[p. 171.] Moultonboro',

New Durham,

New Durham Gore,

New Hampton,

Ossippee,

Rochester,

Sanbornton,

Sandwich,

Sommers worth,

Tam worth,

Tuftonborough,

Wakefield,

Wolfborough,

16
14

0
0

14
30
21

0
I

i66

STATE OF NEW HAMPSHIRE.

COUNTY OF HILLSBOROUGH.

Towns.

Amherst,

Andover,

Antrim,

Bedford,

Boscawen,

Bradford,

Campbell's Gore,

Bearing,

Derryfield,

Dunbarton,

Dunstable,

Duxbury,

Fishersfield,

Francestown,

Goffstown,

Hancock,

Hinnekar,

Hillsborough,

Holies,

Hopkintown,

For.

Ags't.

8
34

0
0

39
II

5
o

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,

For.

20
31
30

49
I

o
o

Ags t.

I
28
21

14
I
O

Acworth,

Alstead,

Charlestown,

Chesterfield,

Claremont,

Cornish,

Croydon,

Dublin,

Fitz William,

Gilsom,

Hinsdale,

Jaffrey,

[p. 173.] Keene,

Langdon,

Lempster,

Marlborough,

Mario w,

Alexandria,

Bath,

Bridgewater,

Cambridge,

Campton,

COUNTY OF CHESHIRE.

New Grantham,

Newport,

Packersfield,

Plainfield,

Protectworth,

Richmond,

Rindge,

Stoddard,

Surry,

Sullivan,

Swanzey,

Unity,

Walpole,

Washington,

Wendall,

Westmoreland,

Winchester,

Goshen,

-hi

COUNTY OF GRAFTON.

Canaan,

Cardigan [crossed],
Cockburne,
Coleburne,
20 Coventry,

17
17

• • • .

• . • •

JOURNAL OF CONVENTION.
COUNTY OF GRAFTON (Continued).

167

Towns.

Dalton,

Dartmouth,

[p. 174.] Dorchester,

Enfield,

Franconia,

Grafton,

Gunthwait,

Hanover,

Haverhill,

Lancaster,

Landaff,

Lebanon,

Lincoln,

Littleton,

Lyman,

For.

Ags't.

6
0
8

0
18

22
54

2
0

Towns.

Lyme,

New Holderness,

Northumberland,

Orford,

Piermont,

Plymouth,

Rumney,

Shelburne,

Thornton,

Warren,

Wentworth,

Burton,

Orange,

New Chester,

[Total]

For.

21
6

2>7

Ags't

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.] 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 of 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
071 and established by the Delegates of the people in Conven-
tion, and declared to be the Civil Cojistitntion 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-

1 68 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 CONSTITUTION 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 of Sep-
tember, 1792.

PART FIRST.

BILL OF RIGHTS.

Article I. j^ll men are born equally free and inde-
pendent ; therefore 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 co7iscience.

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.

1^0 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. I7I

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.

XL 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 thereto,
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

1/2 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 they 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 qualified 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.

* Be 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 a right 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. 1/5

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.

JL 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 Nezu-Hainps/iirc.

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 tJie General Court of New-HainpsJiire.

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 7/

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 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 contemptuous behaviour, or by threatening or ill treat-
ing any of its members ; or by obstructing its dehberations ;
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 <y" 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 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 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, 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 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 like 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 qualifications 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 ofiice ; 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 tr}^ 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 ma}' 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 office, disqualification to hold or enjoy any place
of honor, trust, or profit, under this state ; but the partv 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

184 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 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, 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
warlike 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 limits 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 the original.

JOURNAL OF CONVENTION. 1 8/

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 ofhce, 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
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 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 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-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 ofifice 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

1 90 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 : Pi'ovided 7ievertJieless, 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 vi^s 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 ofihce 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 j^lace 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 which he is judge

or register.

CLERKS OF COURT.

The judges of the courts (those of probate excepted) shall
appoint their resj^ective 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 LAWS ; 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 Jielp nie 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. I93

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, tJiis I do tmder ike pains afid 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-

10
o

194 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 conrt 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, offices.

JOURNAL OF CONVENTION. I95

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

* Sec 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 CONTROVERSY

BETWEEN

NEW HAMPSHIRE, NEW YORK, AND VERMONT,

RELATING 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 07t the
New Hampshire side of the 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. Bennmg WentzvortJi 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 Massachusetts
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 Cotmcil of Nezv 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

*Sec Commission of Gov. B. Wentworth, Prov. Pap., Vol. VI, pp. 90S, 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 9^^ 1750, by G. Clinton,
Governor of New York.*

Letter from Gov. Benni7ig Wentworth to Gov. George

Clint 071.

Portsmouth, April 25, 1750.
Sir —

I have the honour of your Excellency's letter of the 9*^
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-
ent in 1743. He was the j'oungest son of Francis Clinton, the Earl of Lincoln. His admin-
tration, attended with much turbulence, continued ten years, or till Oct., 1753. — Ed.

ment
istration

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. Wentzvorth.

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

Letter from 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.

Letter from Gov. Clinton to Gov. Wentworth.

New York, July 25"\ 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.

Bennington Jan. 3

Halifax May 1 1

Marlborougli, now New Marlborough ^ April 19

" " Regranted ^ April 17

Draper, formerly Wilmington \ April 29

" " Regranted ^ June 17

Westminster Nov. 9

Rockingham Dec. 28

Woodford Mar. 6

New Stampford, formerly Stampford Mar. 6

Townsend June 20

Hinsdale Sept. 5

Brattleborough Dec. 26

Fulham Dec. 26

Putney Dec. 26

Hampstead, alias Chester ^ Feb. 22

" " Regranted ^ Nov. 3

Guilford April 2

Thomlinson ^ April 6

' ' Regranted I Sept. i

Pownall Jan. 8

Hartford July 4

Norwich July 4

Saltash July 6

Reading July 6

Windsor July 6

Killington July 7

Pomfret July 8

Hertford , July 10

Woodstock July 10

Bridgewater July 10

Bernard July 17

* The list here given is copied fi-om Blade's " State Papers " on the controversy with New
York, &c., — pp. 13-16, — and is believed to be correct. — Ed.

CONTROVERSY WITH NEW YORK. 205

Names of Toxunships . Date of the Grants.

Stockbridge July 21, 1761

Arlington July 28, 1761

Sunderland July 29, 1761

Manchester Aug. 1 1 , 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, 1 761

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. 20, 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.

JVa»ies of Tozvtiships. Date of the Grants,

Minehead June 29,

Lewis June 29,

Lemington June 29,

Averill June 29,

Neshobe Oct. 20,

Newbury May 18,

Colchester June 7,

(Name obliterated) June 7,

Bolton June 7,

AYaterbury June 7,

Burlington June 7,

Williston June 7,

New Huntington June 7,

Duxbury June 7,

Moreton June 7,

Berlin June 7,

Jericho June 8,

Middlesex June 8,

Milton June 8,

Westford June 8,

Underbill June 8,

Mansfield June 8,

Stow June 8,

Worster June 8,

Topsham June 17,

Lunenburgh July 5 ,

Sudbury Aug. 6,

Whiting Aug. 6,

Orwell Aug. 8,

St. Albans Aug. 17,

Swanton Aug. 17,

Highgate Aug. 17,

Georgia Aug. 17,

Fairfax Aug. 18,

Fairfield Aug. 18,

Smithfield Aug. 18,

Hungerford Aug. 18,

St. George Aug. 18,

Shelburne Aug. 18,

Ryegate Sept. 8,

Barnet. Sept. 16,

Peacham Dec. 31,

Corinth Feb. 4,

Dunbar June 15,

Hubberton June 15,

Pittsford June 15,

Panton Nov. 3,

Lintfield Aug. 4,

CONTROVERSY WITH NEW YORK. 20/

Grants were also made to the following officers, agreeable to his
Majesty's Proclamation of the y^^ 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, 1 764

Lieut. And. Philips 2000 Aug. 11, 1764

Capt. Nath. Whiting 3000

To arrest the proceedings of New Hampshire, Mr. Golden, 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 A^eta Scot-
land, in A7nerica, 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
or Lo)ig Island, situate and being towards the west of Cape Cod, and
the Narj'oixJ Highgansetts, abutting upon the main land, between the
two rivers there, called or known by the several names of Connecticut
and HudsoiCs River, together with the said River, called Hudson'^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 Nantiickes, otherways N'ati-
tncket ', 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. Penning
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 : and 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

210 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, tJie I'^tk
Day of March, 1764, a7id in thefourtJi Year of His Majes-
ty's Reign.

B. WENTWORTH.

By His Excellency's Coinrna7idy
with Advice of Council.

T. Atkinson, jun. Secretary.

GOD SAVE THE KING.

Letter from Cadwalladcr Colden, of New York, to Bejtning

Wentworth.

[p. 23.] New York, May 13*^ 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 Lord^p^

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*>' 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'-^'^ 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 the 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 of the 22<i June preceeding, was
laid before the Council ; declaring, that his Maj'-^"* 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 ^Iajesty, 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 i8"^ 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^'f* 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 LordPP^

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 16S3,
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, though 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^S 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 Lordw'% 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 ^'^^^ HAMPSHIRE GRANTS.

did not by any act, ratify or approve the opinion of the Commission-
ers, or of Gov Nicholls' 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^
Nicholls 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 v/eight 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^'^ Ocf 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 limits of Jurisdiction of the Govern*^ of New York
and New Hampshire absolutely depends on his Majesty's pleasure, sh'-^
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. 21$

property and the right of jurisdiction will be saved to this Province, in
respect to all lands before granted by this Govern', whose right to the
boundary of Connecticut River, especially when considered as to New
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.

Memorial of John Wendell, respecting lands on the west
side of Connecticut river a^tnexed 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 Penning 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^ Memorialist'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 Jllr. S. yohnstoiis
Letter of that date to yoJin 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.

*' Many things which have since happened have increased the diffi-
** culty, but I should by no means even now despair of it, if the cause

CONTROVERSY WITH NEW YORK. 21/

*' 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 Forvia 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 of this kind."

A true coppy taken by me

John Wendell.

[p. 29.] Extract of Govei'nor John WentivortJi s Letter to
Governor William Try on of Neiv Yorky dated i (^tJi of Oc-
tober, 1 77 1.

"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' it 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.

2l8 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 & 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*" Excell^ 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 of 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. 219

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 revertins: to this Prov : But at all times told them that

. . 1 .

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. Hamps^

" 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.] 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 Try on to Gov. yoJin Wentzvorth.

[p. 35.] Fort George, New York, 23^ Dec''. 1771.

Sir —

Having been favored with your letter of the 19^^ 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 who 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 2cfe'w wicked men.

The Commissioners appointed for runing the partition
line between this government and the Province of Canada
being prevented thi§ 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 die 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 HI.

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 them 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 police; 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 w^ere 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 line, 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 thtm.

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 ii.
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 otlier 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. 225

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 hot 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
Vy'hich 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 Union 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

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 to 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 effect 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 to 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
comitatiis.

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. 22/

of Vermont, advising to a relinquishment of their late exten-
sion as an " indispensable preliminar\'" 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 coercio7i on the part of congress,
however disagreeable, would be necessary.*

This letter had the desired eiTect. 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 wuth 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 w'hich 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
quietly dispersed. From that time the spirit of opposition to governrpent
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 the 5th of January, 1776,
the general assembly of New Hampshire " took up civil government,"
and adopted what was called 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 title 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 m Co7igresSy^ 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. VIII, 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,lxxvi.

The INHABITANTS of a Number of Towns in the Colony of
Ne'w-Ha7npshire, 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 inadvertently 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 1st. 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 abolish the old, and
form a new Government upon a republican establishment, a design the
most noble ; a free people governing themselves by their own laws &c.
It will also be allowed no doubt, that as the Colony hath formerly been
divided into Counties, Towns and districts, for the convenient and reg-
ular 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 for a remedy in the case, 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 fall, 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.

A FORMER Convention sitting in the Colony elected much as it
chanced 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 libert}- of sending one,
and to some towns two, 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, and
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 difterent, 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 2dly, 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. — How such a plan of formation came first into consideration, we
leave for others to judge : For our part 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.

2.dly. 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.

idly. 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
ought not to have a political being in the Colony.

^jdly. 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 be all 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 establish 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 towais 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 difterence 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, idly. 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, which 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 whatever 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 any ways 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 w^hole 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 \vill 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.

^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 the\^ 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 still 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 government. 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 inJiabitants of the toivns before vientioned^ by
order of their Committees.

NEHEMIAH ESTERBROOK, Chairman.

Hanover, fuly 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 Hall, in Hanover, at 10 o'clock a. m.

State of New Hampshire.

The Government and People of said Stale 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 atoresaid, 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. Gree7i, in Wentworth, in your County, by the second
Wednesday in December next, directed to Francis Worcester,
Charles JoJinsoii, 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
taxes in the town of 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 following votes, viz :

i^' Voted n7tanif no Hsly, That the Address of the inhabitants of this
and other towns, to the people of the several towns through this Colo-
ny, published 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 u7ianinionsly , That we will not choose a Representative as
directed in the precept issued by the Assembly of this State, for the
following reasons, viz :

I. Because no plan 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. VIII, pp. 421-426.— Ed.

DISCONTENT IN BORDER TOWNS. 23/

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 of 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
Counsellor as directed in the precept.

1. 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*^^ Voted unanimously. 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 oi Ebenezer Green, Esq., on Monday the 25''^
of November, and continued by adjournment to Monday, the 2*1 of De-
cember inst.

I*' Voted That the pamphlet lately published 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 of the 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, for the 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 limited to
persons of ^200 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 Counsellor in manner proposed in the precept, for the reasons follow-
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.

[^thj 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 Acwoj'tJi.

The reason why we do not join with the towns of Unity, Acworth,
Leinpster, 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 shall 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 Clerk.

DISCONTENT IN BORDER TOWNS. 239

Petition from Inhabitants of MarloWy &c.

To the ho)iou7'able Council and Assembly of the Colony of New Ha7np-
shire to be convened and asse?nbled at Exeter, on the third Wednesday
of Deceniber instatit.

The petition of the inhabitants of the towns oi Marlow, Alstead, and
Stirry, 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 your humble petitioners, as
in duty bound, ever pray.

Sam^ Gustin Woolston Brockway

ACsALOxM Kingsbury Jonathan Smith.

Coi?i7mttee from Marloiu, Alstead and Surry.
Dated Colony of New Hampshire, Marlow, December ii'^\ A. d. 1776.

Chesterfield — Instructions.

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 Af/terican dominions, aifecting
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 Rocki?igham
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 of the 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 will not comply, to return home for further instructions.

Solomon Harvey, per order Com.

Chesterfield, December y^ 12*^, 1776.

Haverhill and other Tozvns.

The inhabitants of the Towns of Haverhill, Ly?nan, Bath, Gunthwaitj
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 Counsellor, 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.

Haverhill, 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 Giles, 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 application to the New Hampshire

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' '^111- At this latter meeting of the convention, it was resolved,
no one contradicting, " That the district of land commonly called 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 of the 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.

Declaratio7i and Petition of the Inhabita7its of the New
Hampshire Grants to Congress, Jan. 15, 1777.

[p. 51.] 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 Golden, 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 Golden 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 Governors 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.! Nevertheless, the same Lieutenant Gov-

*See Prov. Pap. N. H., vol. VII, p. 62.— Ed.
fThe following is a copy of the order referred to :
At a court at St. James, the 24*^ 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 Harrington

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 fa report of the 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 Majesty'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 Sharpe

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 premises, 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 Blade's Ver. Pap., pp. 42-48. — Ed.

VERMONT ASSUMES GOVERNMENT. 245

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 [ -r^ ^

TT . A / JJelesfates.

Heman Allen f ^

Reuben Jones. J

Extract from the Minutes of the Committee of Safety for

State of New York.

[p. 57.] 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. 24/

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 Happiness 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, sigjied

Abraham Tenbroeck, to yohn Ha7icock, 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 makins: 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. 2$ I

Letter from Abraham Tenbroeck to yohn Hancock, Presi-

de7it 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.

252 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, Presid*.
Hon'ble John Hancock, Esq.

Order of Congress on the last three mentioned Papers.

[p. 6"]?^ 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*^ I777, 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 Co7tgress on the Deelaraito?i and Petition of Inhab-
itants of N. H. Gra7its,

In Congress, 8^^ 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 m New
Hampshire tirging 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 ff'oni L'a Alle7i, relating to hastening 07t Troops to

Vermont, &e.

[State Pap. N. H., vol. VHI, pp. 633, 634.]

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 aiiswer to Ira Allen asking

assistance as above.

[Slade's Ver. State Pap., p. 80.]

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 immediately
draughted, formed into three battahons, 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 i6th 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 Govejiior George Clintoji of New Yorky

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 of all the Militia, and Admiral of the Navy of the
same.

A PROCLAMATION.

L. S.

Whereas the Senate and Assembly of this State, did by

their several resolutions, passed the twenty-first day of this

instant month of February, declare and resolve, That the disaftection of
many persons, inhabiting the north eastern parts of the County oi Al-
batiy, and certain parjs 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
York on the one part, and those of Massachusetts Bay and New Hainp-
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, "An act 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. 25/

prosecutions, penalties and forfeitures, under the above-mentioned Act,
shall be an established preliminary to such overtures ; which overtures
are as follows, viz. —

ist. That all persons actually possessing and improving lands, by title
under grants from New Hampshire or Massachusetts Bay, and not
granted under N'cw-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 Hainp-
shire and Massachusetts-V>2.y , or either of them, and actually possessed
in consequence thereof, and being so possessed, were, afterwards,
granted by N'ew-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
Nezu-York, will provide for the determination of the 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 of the 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 j
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 Ha^npshire 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 lauds, 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 : —

258 NEW HAMPSHIRE 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, Oitnberland 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 Vennont, 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 the legislature and government of the 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 of Albany, Charlotte,
Cnmbe7'land 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 of this State, reciting their aforesaid decla-
rations and resolutions, and strictly charging and commanding all
manner of persons in the name of the people of the 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 by 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 of the Massachusetts
Historical Society, Boston :

[Title-page.]

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 Co7inecticut-River. In a letter to the
inhabitants on said Grants.

Dan\'Ers : Printed by E. Russell, at his printing— [cut off in trim-
ming]. MDCCLXXVIII.

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 ol New
York and New-Hai)ipshire. — 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 James the First,
by his Patent, dated November 3'^, 1620, incorporated the Duke of
Lenox, the Marquisses of Buckingham and Hay/iilton, The Earls of Ar-
undel and Wa7"wick, Sir Ferna?ido Gorges, and thirty-four others, by
the name of the Great Council, established at Plyinouth, in the County
oi Devon, for the planting, ruling, ordering, and governing oi A^etu- Eng-
land, in America."'' And grants to them and their successors and

'* assigns all that part oi Ainerica 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
soytrA Ncw-Englaiui Colonies, and resigned their Grant into the King's
hands ; and among the several grants they made, they granted to the an-
cestors oi 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-HainpsJw-e -, 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 Cutis, Esq ; President
of the Council established for the ruling and governing of said Neiv-
Havipshire, bounding it as follows, viz. "Lying and extending from
three miles northward of Merrijnack-'RixtY, or any part thereof, unto
the province of Maine (No. " E.") " — Afterwards, in said commission
there is this further clause, viz. "And it appearing unto Us that the an-
cestors of Robert Mason, Esq ; obtained Grants from our Great Council
of Plyino2ith for the tract of land aforesaid, and were at great expence
upon the same," &:c. Whereby it appears that said province of 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 N'eiv-Hajnpshire continued until a commission was
granted to Benning IVentworth, Esq ; enlarging the extent of said prov-
ince by including all the lands in said Grants on both sides of Coimecti-
c?it-RiveY, with power of granting them in the name of the King ; and
also right of Jurisdiction over the whole ; which Governor IVentworth
o-ranted 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 IVentworth, 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 IVentworth 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 oi New-Hampshire, or said Masoti'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-Hajnpshtre
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 Co7mecticut-River
should be under New-York ; at the same time confirming and approving
those Grants by Governor IVentworth as aforesaid.

In this situation the Government on those Grants continued untilthe
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 Co7mecticut-River, and the Conventions and Assemblies
of the State of New-Hajnpshire claim Jurisdiction over the Grants east

OBSERVATIONS, ETC. — AN ADDRESS. 26l

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 Coiinectiait-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 ol 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 Plyinoiith as aforesaid, the Dutch and Sweeds
were in possession oi New-York, Albaiiy, 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 N'arragansett, abutting up the main land between the two
Rivers there called and known by the names of Conjiecticut and Hud-
son'^s-River, and all the land 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 N'antucks,
otherwise called 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
Coiuiecticut-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 ?X Plyjiioiith as before recited, viz. "All lands, &c. 271 the
possession of sofne ot/ier 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 Plynwiith,
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 some Christian Prince or State
other tha)i the King of England at the time of granting to the Council
oi PlymoiUh 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, and
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 of this Grant clearly show that this was the intent of it.
— For observe, the Grant expressly extends to every part of N'ew-Eng-
la7id whero. 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 tlie 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 Connectic7it-River : For observe
by the expression they must lie east of Delaware-Bay as well as west of
Connecticut-River. — Therefore for trial's sake let us suppose a line
drawn from the mouth of Connecticut-River to the east side of Delaicare-
Bay 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 claim. 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 gase, and a decree of the Lords in the other, that
can be challenged as giving them a right to exercise Jurisdiction in this
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.

i^'. 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*1. 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 little 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.

From what has been said therefore relative to the right claimed by
New- 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

jst^ 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 difficulty
of raising our army, equiping, cloathing them, »S:c. — And further as the
United States are all settled 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 pow'er 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 wdth 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 Articles 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 second 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-
ever ; but no provision for Congress to hear or determine any matter of
dispute between one part of 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. 26/

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, Sec. 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 pru-
dent to be taken by the Inhabitants living on the Grants east of Co?i-
necticut-River, 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, w'hen 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 uniting 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 own
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 Jiavitu/ put his hand to the plough he canH look hack.
— 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 willing 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.]

Aji Address to the Inhabitants of the New HampsJiire Grants
(so called) lying zuestward of Connecticnt 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 (S: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 authors principal view, was 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 oiTer 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 River and Piscataqua River, and sixty miles up into Land ; to

*The copy was furnished the editor by Joseph D. 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,

2/0 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 now join 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 loeiglit. But, this is not all ; there is a
minoriiij 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
how they 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. 2/1

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 nien 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 plainly 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 of the
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 Nev/ Hampshire, that the disappointments of a small
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 i8, 1778.

2/2 NEW HAMPSHIRE GRANTS.

SECTION VII.

[First attempt of Border Towns in New Hampshire

TO UNITE with VeRMONT.]

[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, 177S, 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 line" (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.
in, pp. 13, I4» 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 abihty 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 Blade's Ver. Pap., p. 89. — Ed.

FIRST UNION WITH VERMONT. 2/3

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 be run from the end of one line of
sixty miles to the end of the other. They also passed an act to 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 Alason, 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 Pascataqua 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 curve 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, 1S16, 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,

274 N^^ HAMPSHIRE GRANTS.

Plymouth, Holderness, Campton, Sandwich, Burton, to or near the
south Une of Conway.

Mr. Carrigain says, on his map, that " a survey made in 1768 carried
the eastern end of the Mason curve line teji 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 ciir've 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 071 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. 2/5

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, entided "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 ciifve line so called, claimed by the persons calling
themselves the Masonian proprietors, as the head line of
said patent."

[Copy of said Act]

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
themselves 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 : Provided, 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 11^^
Bennington, SS. \ 177^.

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. 2//

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 Towns
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 major 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'^ SecX

Letter from NeJieiniaJi Estabrook to Meshech Weare, trans-
mitting Resolves of the State of Vermont, about the iLnion
of certain tozvns 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

2^8 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.] 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^i^ M. Weare, Esq^'

President of the Council of New Hampshire.

Letter fr 0171 Meshech Weare to the New Hampshire Dele-
gates ill Congress on the siibject of the above Pinion, dated

[p. 77.] 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. VHI, pp. 248, 297, 298.)— Ed.

FIRST UNION WITH VERMONT. 2/9

one third — nearly one half- — of the people in the defective
Towns are averse to the proceedings of the majority, wlio
threaten to confiscate their estates if 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 ofhce in those towns under the pre-
tended authority of s^ Vermont. I must not omit to let you
know that CoP Bedel* who has rec^ great sums from Con-
gress or their Generals under pretence of pay« 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 CJiittendeJt, 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
same 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 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 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 ChittendeUj 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.]

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
and 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. — WilHams's Hist.

f 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 of the 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
i8*^ 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, tlie 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 Connecdcut 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 y^. 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. 28$

Protest of members of the General Assembly of Vermonty
representing Nezv Hampshire towns east of Connecticut
river, and border towns zvest.

[p. 8i.] State of ) Windsor, October, 22'' 1778.

V ermont. j

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. ^^^^ 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.

3^'^ 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^^ Harvey Benjamin Baldwin

Bela Turner Elijah Alvord

Jon-"^ Freeman Joseph Parkhurst

David Woodward Benjamin Spaulding.
Beza. Woodward

FAILURE OF UNION WITH VERMONT. 2%^

Letter from Thomas Chittenden to MesJiech Weare relating
to towns east of Connecticut I'ivery dated

Windsor, 23''^ Oct'' 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 v/hich 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 Hon'* Ira
Allen, Esq^' to wait on your Honor & Council with this ex-
press, v/ho 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, 7'elating to
towns east of ConnecticiU river and his appoititment as
agent, &c.

[p. 89.] Sta^t^of ^ I Windsor, 2^^ 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 Dififi-
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 Cai'digaii, 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 a re-
port relating to towns west of what was 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 front the Convention at Windsor^ signed by Joseph
Marsh, Chairman, to Henry Lanre7is, 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 evident 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
amicable settlement with the State of New Hampshire,
so that Congress may not have occasion to interpose in
the matter. Yet an apprehension arising in the minds of
[p. 94.] sundry Members of Assembly that such an union

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

Comimmication of Ira Allen, Esq., to the Council and Gen-
eral Assembly of New HampsJiire, 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^^ Mesheg
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^i 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 :\Iarsh,
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 BedePs regiment. New 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
fromx 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 the 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. — Ed.

294 ^'EW 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 Weai'e to Thomas Chittenden relating
to the visit of Ira Allen, &c., dated

State of New | j,^^^^ ^^^^^, ,

Hampshire.! ) j y //

[p. ^y.'] 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 authority
'' be had (by this State) east of Connecticutt River for the
"litime 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,
1 75 1. 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.

f 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.

j^Qj^bie Xhomas Chittenden.

Letter from MesJiech Weare to EtJiaii Allen y in a?iszver to

the foregoing.

State of New | ^ ^^^^^, „ ^ g_

Hampshire \ j > //

[p. 91.] 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 2^ersons, 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 Ncw-HavipsJiire, to
Ids Excellency Governor Chittenden, and the New-Hamp-
shire Delegates at Congress.

Dresden :
Printed by Alden Spooner, 1779.

A Defence of the New-HampsJiire 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-HampsJiire 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 EtJian 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. 29/

Northern Line of which was ''from three miles northward
of any and every part of Merrimack River" to extend west
indefinitely. A Grant 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 yo/iu Cutis 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."! 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 diat 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 li^ie (so called) —
and jurisdiction was exercised agreeable thereto with little
variation, untill a commission was granted to Benning Went-
wortJi Esq ; to preside as Governor of New-HampsJiire ; 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
of 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. 3OI

''A paper has been laid before the General Assembly
attested by Thomas Chandler jiin^" as Secretary of the State
of Vermont, dated June ii^^ 17/8, 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 ? 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 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

( President of the
Meshech Weare I 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. 303

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 zvitJi ihein,^ 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 tozvns are claiming protection from this State /f 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

* T/n's underiining is in red, apparendy by Prof. Sylvanus Ripley, the
original owner of this pamphlet. B. P. S.

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 16*^^ 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
otherwise 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. 305

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 l8*^ 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, and
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 to
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 from 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 from 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 from sucJi iinioif' im-
mediately, the whole power of the Confederacy^ of the United
States of America zvill join to anniJiilate the State of Ver-
mo7ity^" and to vindicate the right of New-Hampshire, and to
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.

306 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 honors

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 /^r^
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. 30/

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 Uberty
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. 309

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
streimons efforts of Nezv- York and Nezv-HampsJiire to estab-
lish and maintain that unjust and arbitrary line are the only
cause of the present dispute, ivhich 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 1764;
but has since ('tis said) made great part of the Grants with
other territories a distinct province ;t 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 }

Certainly it cannot be the first, 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, JDy false representations, that
it was the desire of the people living on the lands, to be an-
nexed to New- York — tJiat it wonld greatly cominode them in
trade and commerce drc. 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
settled 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 tJie wJwle) 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 pa7't only ; as tliat
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 iv> 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 IMagistrate 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, zvhen the
commission was once removed ont of the way, there were no
more any limits of jitrisdiction left tJian tJiere 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 nnconnected:* and so will remain iintil
by their oivn act they nnite 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 ; ivJiich zvas 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 naticre ? *

We answer. A^ot wJiolIy 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 grants or charters of privileges by which they were
united in little incorporated bodies with certain powers
and privileges which were not held at the pleasure of the
King* (as those commissions were) bnt were perpetnal*
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 contivl 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
King &c. Consequently they will remain so many distinct

*Red.

PUBLIC DEFENCE OF NEW HAMPSHIRE GRANTS.

0^0

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 tJiirteen
tmited 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 ( "^'o<^ 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
v/ith [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 DEFE^XE 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. Nezv-Hampshire as such never owned one inch of
la?td 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 zn 17 7 S —
Tis trne 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 7'cprescntation * (which they
were never authorized to do) tJiey disgusted many towns then

* Red.

3l6 NEW HAMPSHIRE GRANTS.

connected^ with the Province or state, so that tkcy have
never coiuiected 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 tJiey 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, zvJien zve 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. TJiis same plea Britain made,^ (viz.) that they had
been at great expense in defending America in the last war,
and tJierefore had a right to subjugate tJiem, &c.

Furthermore, 'tis true (tho' not alledged) that the military
officers^' of the regiments in those towns received commis-
sions from the Conventions of N^ezv- 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
tov/ns 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 tozuns* (as they are called) aj-e averse
to the proceedings of the majority, zvho 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 cJiallenge any creditable person to say that ever there
was the least threateiii?tg 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 ; Avhen 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.

t The suggestion or rather assertion in President Wearers 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 inJiabited
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 y wheft
they issued orders for a conventio7i 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. Bedel's regiment's
being stationed here.
*= Red.

320 NEW HAMPSHIRE GRANTS.

towns in the state (as they claim it to be) to assemble and
form a plan of govermnent 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 publish a plan of government^ it should not
take place, unless three fourths of the Inhabitants in the State
shoidd 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 07ie hu7idred 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 interivoven ajid
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-HampsJiire)
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.

322 NEW HAMPSHIRE GRANTS.

6. These Grants^ are so situated that they will ahvays he
an important fj'ontier 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, > Committee.
Beza Woodward, )
Neiv-H amp shire Grants,
Dec. I, 1778.

*Altho'' it is evident by Col. Alleii'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 VIII.

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. 1 01.] At a Convention of Delegates from tzventy-tzvo
Towns on the New Hampshire Grants from both
sides of Connecticut River^ held at Cornish^ Dec.
^th^ 1778;—

Voted unanimotisfyy

1. 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 Neiv Hampshire Graiits, &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. S17, 818.
—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 Nezv HampsJiij^e, 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 Commissioners 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 lin^ 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 Verniojit, 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. 32/

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 Nezu 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. Woodzuard, 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 Meshcch Weare, relative to the
existing state of affairs, dated

[p. 105.] Windsor, December I2^^ 17/8.

Hon^'^ 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 of the 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 observ^ations 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 np this
[p. 106.] State and connect the whole to New Hampshire for
the sole Pnrpose of Bringing the seat of Governine?it on Con-
nect icnt River at or near the College, and to establish a Plan
of Government similar to Vermo7it.

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 Golden, 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 Inhabitajits 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.

GeNTLEiMEN —

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 of the 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

330 NEW HAMPSHIRE GRANTS.

that they 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 aiTair of Mr. Hovey,
and 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. io'^\ 1778-
According to the Vote of the House of this day, the Honorable
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 consideration 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 of the
President, for his present necessities, to be by him accounted for; and
that the persons named as Rioters in his complaint and Petition, to-
gether with Nehemiah Estabrook, of Lebanon, be notified to attend the
hearing of said Petition before the General Assembly, if sitting, or Com-
mittee of Safety of this State in the recess, on the Second Thursday of
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, Secy."

[From Mr. Wearers 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 blind 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. no.] 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. 331

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 political 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 difficulties 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 ample 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 frontier 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-
culties, 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, Gentlemen, with due respect

Your most most obedient, Humble servant,

Ira Allen.
Dresden, November 27^^, 1778.

MEASURES FOR A NEW STATE. 333

Final dissolution of the Union of Towns East of Connecticut
River zvitJi the State of Vermont.

[From Slack's Vermont State Papers, pp. 102, 103.]
Report of a Co77unittee, &^c.

" 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
ought 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 TJiomas Chittenden to Meshech Weare relating
to the foregoing Resolve, (jfe., dated

[p. 121.] 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 fited 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, 1818, aged Si. (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 Hon^i^

Meshech Wear, Esq., President

of the hon^^^ Council of the State of New Hampshire.

Letter from Ethan Alle?i 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'".

336 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 zuith the
State of New H amps} lire.

[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 Bailey!
Davenport Phelps.

Proceediiigs of the Legislature of Nezv HainpsJiire, on the

foregomg Petition :

State of New Hampshire.

In the House of Representativ^es, April 2-\ 1779.
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 the name is erroneously spelled Bailey.
99

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
lie 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, ^^^d and concurred.

E. Thompson, Sec'ry.

Proposal of snndry matters to the town of Newbury, by order
of a Committee signed JosepJi Marsh, chairman, dated

Dresden, April 23^^ I779-

[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 Bay ley, of the following Mat-
ters, that they may be communicated to the General As-
sembly of New Hampshire, at their next Sessions.

1. 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 1

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 j '' 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.

Returji frout 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 ) ^ i ^

■c^ ,;r > Selectmen.

Ebenezer Morton \

Return fro?n Peacha7n.

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 willins: that the As-
sembly of New Hampshire, extend their claim and Jurisdic-
tion over the v/hole of the Grants ; — New Hampshire at the
same time submittins: to Consrress Wheather a New State

o o

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.

2diy Proceeded to know the number of Legal Voters in
said Town and find Eleven.

2<^iy 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. 34I

Co/. Olcott and Bezcil 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 Congi'ess respecting the Nezv 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 \ c n 4-- 4.

■p > 01 Connecticut.

Witherspoon, of New-Jersey.
Attlee, of Pennsylvania.

Letter from Thomas Chittenden to Meshech Weare respect-
ing a jurisdictional clai7?i of New Hampshire to the Ter-
ritory of Vermont, dated

[p. 143.] Windsor, State of Vermont, June 3^, 1779.

Sir —

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 agejtt, &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^ie 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 follows,
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
(^Qj^tee ti^gn 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 Plampshire 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 appomtment of Col.
Peter Olcott and Beza. Woodward, Esq ; impowering them as a Com-
mittee from the Cornish Convention, to use their influence with the
General Court oi N'ew 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, Hoiv viany Towns
were represejited in said Cornish Convention on the West side of Con-
necticut River ? Answer — Aboict 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 N'ew 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 JVew 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 Verjnont : — 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 A^ew Hampshire: then referring to the Alembers 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 I 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 havins:

34^ 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 JVe2U 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 said 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 Ciunberland 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 Hatnpshire at their Sessions in March
last) That the Inhabitants of the Grants were in General, desirous of an
Union with New Hajnpshire : That the Eighty Miles mentioned by said
Committee, where there were but two Members attended the Assembly
of Ver^nont, 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 Hajupshire.

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 — Netv 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 — the 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,
which they alledged to be a Part of New Hampshire : — That every En-
gagement on the Part of Vermont to Nevv Hampshire, was fulfilled; —
That it was one Thing for said State to lay a Jurisdictional Claim to the
Territory of Vermont, and another to exercise Jurisdiction.

ADDRESS BY IRA ALLEN. 34/

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 Hajiipshire Grants, to the Westward of Connecticut River ;
nevertheless, allowing and conceding, that if the Hon. Continental Con-
gress should establish the State of Ver)iiont, 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 Ver7nont, 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 Ve7'vi07it added to New Hampshire. 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 of 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
of New Haynpshire ; 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 app ;ar 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, LivingstoiC s-Manor , Bateman's Pate?it, &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 A't'w 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 of the 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 HampsJiire, to exert herself to obtain
the Jurisdiction again ; but her language then was nearly similar to that
of righteous Job ; for it was, The Khig gave, and the Kiiig hath taken
away, and blessed be the ?ianie 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 an}^ 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
oi 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 eflfectually bound down to the Jurisdic-
tion of said State ; and it would have been now as much out of the
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
of the 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
Great Britain, AmejHca revolted from her, and published to the World
a List of Grievances for the Vindication of her conduct. In like man-
ner the Inhabitants of the now State of Vertnont, 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 Verjnont did associate
together and assume to themselves that inestimable Blessing of Heaven
— civil Governinent. 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-
giance, 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 A7nerica.

They have not delegated their natural Right of Legislation out of
their own Hands : — Their Numbers and Territory are sufficient 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 of America. These pre-
cious Privileges, I conceive, wall be the ultimate Reward of their many
expensive Toils, Battles and Hazards, and for the attainment of which
they have suifered such an uncommon share of concomitant Evils. — And
as I have Reason to apprehend the Grand Council of Afjierica 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, wdio 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 isupon 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 Laws 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 of this 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 Money,
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 received the Benefits of such Debts, when they con-

350 NEW HAMPSHIRE GRANTS.

tracted them ; 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 of all 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 Vermofit^
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 Vermo?it 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.

I beg leave to subjoin the folloiving Copy of a Letter from
tJte Hon. Committee of Cojtgi'ess, to the Committee of the
Yorkers in the lower part of Cumberland Coitnty.

Bennington, Ju7ie 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
Frontiers, because the Requisition was made under the Authority of

REFERENCE TO CONGRESS. 35 1

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 Ditfer-
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 Officers,
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 of the 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 quietly and orderly, while the Measures for
Pacification are on Foot."

We are, &c.

John Witherspoon*
Sam. J. Atlee.*

Resolves of Congress respecting ike New HampsJiire 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

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.] ces 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 : —

Resolvedy Unanimously, in the affirmative.

Extract from the Minutes,

Cha^ Thomson, Sec'^.

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.

Oi^dered, 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 front Woodbury Langdon, delegate in Congress, to
MesJiecJi Weare, respecting Vermont.

[p. 159.] Philadelphia, Octo^' y^ I2^'\ 1779.

S«-^

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 say 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 far 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 pe7'sisis in endeav-
ouring to be a seperate State and New Hampshire appears

REFERENCE TO CONGRESS. 35/

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 in consequence 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 zvith by the Legislature of

Neiv Hampshire.

[p. 165.] i^l 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.

2tiiy 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 in 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.

4^5" 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.

6^5" That equitable allowances bs 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^^' That the Towns on said Grants east of the river afore-
said referred to in a resolution of Congress of the 20^^^ of
Sept^* 1779, be excluded from Governmental Taxes hereto-
fore assessed.

*9t^ That the act of the Legislature of New Hampshire
for transporting persons from one county to another be
repealed.

10^^'. 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.

ii'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.

I2^y That the proceedures of the several Towns in said
district in their Town meetings during the time while they

* By error or otherwise 8th 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.

13'y That any Towns that have been over Rated in as-
sessments for Taxes by the Assembly shall be equitably
relieved.

I4^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.

I5^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^ &e.

[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 Enquiry, in
which this State is concerned.

The Hon^^® the Committee appointed
by Congress, to meet at Vermont.

REFERENCE TO CONGRESS. 36 1

Letter from Samuel Hiuitington, President of Congress, to
MesJiech 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 affair's in the Neiv

HampsJiire Grants.

[p. 173.] 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 whole 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 MarsJi, Peter Olcott, and Be::a. Woodivard
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 them ; 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 viev/ 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 tlie 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 ?i proposition ? [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
j^art, 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 E^'cellency 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

366 NEW HAMPSHIRE GRANTS.

for US to do in the affair; at Avhich time I would wish for your
advice. The people in general in this part have done ex-
pecting a nev/ 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*Hnnt-
ington respecting stmdry 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 9*^^ 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 & Indeioendence, as well as incompatible with the
Principles on which Congress ground their own Right to
Lidependence, 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. 36/

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 P3mpress 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.

368 NEW HAMPSHIRE GRANTS.

ungenerous 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 PZxpectations, 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

370 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 make 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 Gov-
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. 3/1

mine those Disputes, agreeable to their Resolutions ; which
by this Government is by no means admissible. Notwith-
[p. 1 88.] 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 our force 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. 3/3

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 froju Beza. Woodivard to the President of
Congress, relating to the Neiv Hampshire Grants.

Dresden on the New Hampshire Grants
August 31^*, 1780.

May it please yoitr Excellertcy.

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 frovti Hon. JoJui Sullivan^ delegate in Congress ^ to
MeshecJi Weare, relating to affairs in Vermont.

[p. 189.] Philadelphia, SeptenV 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

3/6 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 Hamps^'. 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 &
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 fi.nd 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 frio-ht-
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^ie Meshech Weare, Esq''.

Letter from Gen. Jacob Bailey to MesJiech Weare, 7'elating
to Vermont, Canada, dfc.

[p. 193.] Newbury, 6^^' Nov^" 1780.

Sr—

I send Inclosed an Extract of a letter from Maj^" Allen to

3/8 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 if 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 TO CONGRESS. 3/9

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 Letter from Maj. Allen, dated at Otter
Creek, Oct. 30, 1780, to Capt. S afford 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 sam.e 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 Avill 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^' ConV^"*
Copie.

Letter from Gen. Bailey to Meshech Weare, relating to the

same affairs.

[p. 199.] Newbury, 22*^^ Nov'' 1780.

The season is such that the Enemy is not likely to do
any more mischief at jDresent. 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,

Jacob Bailey.
Hon^^ Meshech Weare.

PROPOSALS FOR A NEW STATE. 38 1

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 Cojtveittion 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
yo7ies' Esq., ^nd Col. Bellows, he. 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 jurisdic-
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 8th 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 15th of No-
vember."— Wms. Hist, of East. Ver., p. 401.

382 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. CiLinberland, 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, however,
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 » J> Committee.*

L. Holmes

W. Page

In Convention, at Walpole, November i6*^ 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. 13enjamin 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.

Lettei' from Thomas Chittenden to Meshech Weave, enclosing
a copy of his Letter to Congress of the 2^ih. of July last
(see ante, p. 366).

[p. 203.] State of Vermont ; In Council.

Bennington Dec. I2*^ 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
2ndiy^ be obliged to retire into the interior parts of the
United States for safety : or 3''*^^^ 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.

Resohitions of the General Assembly of New Hampshirey
Jan. 13, 1781, instnicting 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 I2*^ 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 Sta.te to the Continental Congress be instructed, and
they are hereby instructed 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, if 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 & Concurred.

M. Weare, Pres*.

Letter froih Joseph Fay to MesJiecJi Weare, accornpanying
the letter of Gov. Chittejiden.

[p. 205.] Boston, FebJ' 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. 38/

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 yan. i6, 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

388 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 Gushing.

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 HainpsJiire Grants, Jan. i6, 1781.

[Copied from Saunderson's History of Charlestown, pp. 145-152.]

At a Convention of Members from forty three Towns on
the New Hampshire Grants, begun and held at Gharles-
town, Jan. 16, 178 1.

The Honorable Samuel Ghase, Esq.* was chosen chair-
man, and Bezaleel Woodward Esq. clerk.

Resolved, That General Bellows, Daniel Jones Esq. Gol
onel Hunt, Mr. Woodard, Golonel Bedel, Golonel Paine,
Golonel Olcott, Gaptain Gurtiss, Mr. White, Golonel Wells,
Mr. Knowlton and Mr. Townsend, be a Gommittee 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 Gommittee 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 Grajits, 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
Grown 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, the king of Great Britain did, in the year
1764, 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 1764,
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 w^as 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 wdth one another in matters of
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 w^ith
which they had been connected (resulting from a habituated
submission to despotic povv^er) 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 w^hich 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 Nevv^ York
and New Hampshire; and of those on the west side of the
river, who had withdrawn 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 w^ere 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 by the refusal of a respectable number of
inhabitants of those parts of the grants, w^hich 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 otirselves in duty bonnd to
abide the decisions of Congress on the subject, zvhen the mat-
ter shall be properly stated before ihenty and their resolutions
thereon be obtained.

As the primary object of this Convention is, that an
union of the whole of the grants be formed and Consolidated
upon principles that the majority think proper; and as a
considerable part of the said Grants are represented in the
State of Vermont ; —

Resolved — That 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 ao:ree to unite toirether, in all such measures as shall

1 •
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.
hi Convention, at CJiarlestoivn, yaimary 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.

,TT. 1 . ( Samuel Ashley

Wmchester < -p> .

( Reuben Alexander

Walpole, Benjamin Bellows

Charlestown, Samuel Hunt
Richmond, Oliver Capron

-jy- { Timothy Ellis

( Daniel Newcomb
Alstead, Nathaniel S. Prentice

Oliver Ashley

Claremont ^ ^^r e

Matthias Stone

Nev/port Benjamin Giles.

Extract from Minutes.*

Bezaleel Woodward, Clerk.

Secret Jiistory of the CJiarlestoiun Coiivention, &c., by Ira

Allen.

[Copied from Rec. Gov. & Coim. 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 such
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 public 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 lo-^', 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

39^ 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 ?i 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 ; nev^ertheless, 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 :

Letter from ElisJia Payne^ Esq., to the General Assembly of

Vermont.

To the Hon^i^ the Gen^ Assembly of the State of Ver-
mont now sitting at Windsor :

The Committee appointed by the Convention holden at
Charlestown the 16"^ of Jan^' last to confer with the Assem-

PROPOSALS FOR A NEW STATE. 39/

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, Feb^ 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.

fSee 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

tozvns 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^^1781,

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 Assembl}^, 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 Tozvns East of Connecticut River, zvhich have made
returns accordijig to an Union zvitJi Vermont.

Hinsdale,

Charlestown,

Claremont,

Plainfield,

Grafton,

Lyme,

Gunthwait,

Chesterfield,

Surry,

Acworth,

Newport,

Grantham,

Dresden,

Dorchester,

Lancaster,

Westmoreland,

Gilsom,

Lemster,

Cornish,

Marlow,

Hanover,

Haverhill,

Piermont,

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 ]

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,

Danbv,

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, Clarendon, Londonderry, Hertford.
Manchester, 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
Walbridgc, 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 Chadestown,*

p. 154.— Ed.]

Acwo7'th^

Alstead,

Cardigan,

Charlestowii^
Chesterfield,

Clare7nojit,

CornisJi,

Croydon,

Dresden,

Enfield,

Gilsiun,

Grafton

Gujithwaite

Hajwver

Haverhill,

Hinsdale
Landaff,

Lebanon,

Leinpster,
Lyman,

Lyme

Marlow,
Morristown and

Bath
New Grajttham,
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 joersons, 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.

402 NEW HAMPSHIRE GRANTS.

her, as no supplies of men, money or provision can be col-
lected at present from more than §rds even of that part of
the State which lies 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,
Gentlemen, 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. Sec^ of Congress.*

Letters from Gen. John Sullivan to Meshech Weare, on the

foregoing ^natters.

[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 Infliieiice in several States, & even to
members of Congress. Mr. Livermore & myself no doubt
will concuj- 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 put 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 deterniined 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 of
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 Vermont
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 by the
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. Oilman 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
arsfue 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^i^ 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 published & 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. 4O5

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 Gentlemen, with much Respect,

Your humble servant

Timothy Ellis.*

Resolves of Congress respecting a decision of the disputes
relating to the New HanipsJiire Grants.

By the United States in Congress Assembled,

[p. 217.] 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, Dep^ 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 1780-1784

John Montgomery, of Pennsylvania, a member 1780-1784

Edmund Randolph, of Virginia, a member 1779-1782

—Ed.

DISPUTED JURISDICTION. 40/

Letter from Samuel Livermore* delegate in Congress from
New HampsJiire, to MesJiech Weare.

[p. 221.] Philadelphia, Aiig^* 2i^^ 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
^th 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-
ted 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 y]'
—Ed.

408 NEW HAMPSHIRE GRANTS.

This new modled Carteel 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 of 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 hiJiabitants of CJiesterficld to the Cotui-
cil and Honse of Representatives, N. H., relating to the
revolt of sundry tozvns.

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 w^e 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,
Mich^ Cressey,
William Lee,
James Robinson,
Phineas Brown,
Elisha Rockvvood,
Theodorus Bingham,
Will'" Symonds,
Tho^ Harris,
Tho^ Chamberlin,
Sam^ 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,
Sam^ 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=i 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. 4II

Proceedings of a meeting of Persons from ten Tozuns in
Cheshire County, held at Keene, Sept. 21, 17S1.

[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, Escf 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. 211?^ Philadelphia, Octo. 2^ 178 1.

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 Com^^^ will doubtless 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 will 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 obedient

humble servant

Samuel Livermore.
Hon. President Weare.

Memorial of yoJin 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 for the
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 wheeciHngs, flat-
teries, promises, frowns, threats, insults, and every other
conceivable machination, invariably, to the utmost of his
abilit)^ endeavored to support the common cause of these
United States under the Government, and agreeable to the
Laws of the State of New Hampshire.

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 j3roceedings are
entered unanimous ; by means whereof most of the Town
officers chosen at such meetings are from among those who
are aliens from the commonwealth 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 no 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. 415

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 threatenin"-
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 pohtical difficulties subsistino- 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 Planover, 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.]

AT^^^^u u- 1 In Committee of Safety Oct^ ig'^ 1781.

JNew Hampshire ) j ^ /

Sir — By a memorial of Mr. John Clarks of the 12 In-
stant and iiis 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 to 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.

CoP Charles Johnston.
Copy

41 8 NEW HAMPSHIRE GRANTS.

Report of a Committee of Congress^ to tvhom was referred cer-
tain j^ajjers relative to Neiv 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.
Lsland & Providence plantations, Connecticut, New York,
New Jersey, Pennsyl'\ Delaware, Maryland, Virginia, N.
[p. 243.] Carolina, S. Carolina 8: 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 heigh th 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^\ as guaranteed to them according to such agree-
ment ; saving, in either case, all rights accruing to the
State of Massachu^ or any other State under the Articles
of Confederation afs'\ and provided always that for the
more effectually quieting the minds of the inhabitants afs^,
the s'^ States of N. Hampshire & N. York respectively,
shall pass Acts of Indemnity & oblivion in favour of all
such persons as have at any time previous to the passing
such acts, acted under y*^ authority of Vermont so called,
in any manner whatsoever, upon such persons submitting

DISPUTED JURISDICTION. 421

to the jurisdiction of s^^ States respectively; and provided
always, that the s*^ States of New York & New Hampshire
respectively, do pass acts confirming & establishing the
Titles of all Persons whatever, to such Lands as they do
now actually occupy & possess within the lim.its of the
District afs*^, under whatever Title the same may be held,
either from N. York, N. Hampshire or Vermont so called ;
and also for confirming & establishing the Titles of all per-
sons whatever, to such lands within the district afs*^ as they
may be entitled to under Grants from N. York, New Hamp-
shire or Vermont so called, according to the priority of such
Grants in point of time, excepting in such cases where the
Lands are in the actual occupancy & possession of the
claimants, as mentioned in the proviso above said. But in-
asmuch as some persons claiming in right of grants made
under the authority of the district or Territories called
Vermont, and not actually occupying the same may be de-
prived thereof by the interference of other prior grants ; —

Resolved, That in case the partition afs*^^ shall take place,
any person claiming, and deprived as afs'\ his or her as-
signee or representative shall receive full compensation in
[p. 245.]. lands or otherwise to be provided by Congress.

Resolved, That it be, and it is hereby earnestly recom-
mended to the States of New Hampshire & New York re-
spectively, to pass acts of oblivion & Indemnity in favour of
all such persons residing without the limits of the district
above Described, who shall heretofore have taken part with
the Inhabitants residing within the same against the Gov-
ernments of either of those States, upon such persons qui-
etly and peaceably submitting themselves to the Govern-
ment & Jurisdiction of such State respectively, to which
they belong.

Resolved, That in case of the neglect or refusal of the
Inhabitants residing within the District afs*^, to comply
with the terms prescribed in the resolutions afs*\ That the
Commander-in-chief of the Armies of the U. S. do without
delay or further order, carry these Resolutions as far as
they respect his Department into full Execution.

Resolved, That a Commis^ be appointed on the part of
these U. S. whose duty it shall be, immediately to repair
to the District afs^\ and deliver a certified copy of these

422 NEW HAMPSHIRE GRANTS.

Resolutions to Thomas Chittenden, Esq. of the Town of
Bennington afs'\ or leave such copy at his usual place of
Residence, & also to enforce on the Inhabitants of the s*^
District the necessity of their complying without delay,
with the Terms above prescribed by Congress, or submitting
themselves peaceably to the Jurisdiction of the States of
New Hampshire & New York, agreeably to the above
Resolutions.

[Date affixed by J. Farmer, Oct. 17, 178 1.]

Mefort of the Council and Assembly of Vermont^ in Commit-
tee of the Whole^ 07i the Report of the Vermont Delegates to
Co7igress, Oct. 16-19, 1781.

[p. 247.] STATE OF VERMONT.

Charlestown 16*^^ October, 1781.
The Governor and Council having joined the General
Assembly in a Committee of the whole, to take into con-
sideration the report of the honorable Jonas Fay, Ira Al-
len and Bezaleel Woodward, Esquires, who were appointed
by the legislature of this State, in the month of June last,
to repair to the American Congress, with powers, to pro-
pose to, and receive from them, terms for an Union of this,
.... with the United States, &c.

His Excellency, Thomas Chittenden, Esq'^'. in the chair ;
The said agents laid before the Committee the following
Papers, which were read by the Secretary, in their order,
viz.

J St ^ 2"^ A Copy of their letter to the President of Con-
gress, of the 14*^ of August last, inclosing a duplicate of
their Commission.

3^^ The Resolutions of Congress of the 7^^ and 8^^ of Au-
gust last.

4th Brigadier General Bellows and Associates petition to
New Hampshire, 25^ May, 1781.

5^^^ Petition of the Select-men of Swanzey, to New Hamp-
shire, June 9^^ 1 78 1.

6*^ Hon^^^*^ Meshech Weare Esq'-^ Letter, to be laid before
Congress, dated 20^'' June, 1781.

DISPUTED JURISDICTION. 423

7*^ Mess'^ Duane and Ezra L' Hommedieu's Memorial
and prayer to Congress, of the third day of August, 1781 ;
together with Ira Allen and Stephen R. Bradley, Esq^^ Re-
monstrance to Congress, dated September 22^, 1780.

8*^' Resolve of Congress, dated 17^^' August 1781.

Qth Written Proposals to Committee of Congress, dated
August I8^^ 1 78 1.

[p. 248.] 10* Questions proposed to the Agents of Ver-
mont, by the Committee of Congress, August I8^^ 1781.

1 1*" The foregoing Questions, with the Answers annexed.

12^^ Resolutions of Congress, of the 20*^ of August, 1781.

The further Consideration of the report being referred,
Adjourned, till tomorrow morning 9 o'clock.

October 17*^ Met according to adjournment.

The Committee proceeded to the consideration of the
Resolutions of Congress, of the 20*^ day of August afore-
said, and other Papers mentioned in the report of said
agents, and after some time spent thereon :

Resolved, That in the opinion of this Committee the Leg-
islature cannot comply with the Resolutions last referred
to, without destroying the foundation of the present univer-
sal Harmony and agreement, that subsists in this State,
and a violation of Solemn Compact, entered into by Articles
of Union and Confederation.

The further consideration of the report being postponed,
Adjourned to 9 o'clock, tomorrow morning.

October i8*'\ The Committee having resumed the fur-
ther consideration of the said report.

Resolved, That inasmuch as the Resolutions of Congress
of the 7^^^ and 20^^ of August last, did by no means comport
with, but entirely preclude any Propositions made by our
agents, it is therefore the opinion of this Committee, that
the Propositions made by our Agents to the Committee of
Congress on the 18*^ of August last, ought not, in future, to
be considered as binding, on the part of Vermont.

Resolved, That it be, and is hereby recommended to the
[p. 249.] Legislature of this State, that their thanks be

424 NEW HAMPSHIRE GRANTS.

returned to their honorable Agents, for their good services
in behalf of this State, on the Business of their late mission
to the Congress of the United States of America.

And this Committee recommend to the Legislature of
this State to remain firm in the principles on which the
State of Vermont first assumed Government, and to hold
the Articles of Union which connect each part of the State
with the other inviolate : and for the further information
and satisfaction of the honorable the Congress, and the
world, do recommend to the Legislature to publish the fol-
lowing Articles, which respect the admission of Vermont
into the federal Union, viz.

Art. i^*^ " That the Independence of the State of Vermont
be held sacred, and that no member of the Legislature shall
give his vote or otherwise use his endeavors, to obtain any
Act or Resolution of Assembly, that shall endanger the Ex-
istence, Independence and well-being of. said State, by re-
ferring its independency to the arbitrament of any power."

Art. 2*^ ''That whenever this State becomes united with
the American States, and there shall then be any disputes
between this and any of the United States respecting boun-
dary Lines ; the Legislature of the State of Vermont, will
then, (as they have ever proposed) submit to Congress, or
such other tribunal as may be mutually agreed u^Don, for the
settlement of any such disputes."

And that the impartial world may be fully convinced of
the good and laudable disposition of Vermont, and of her
readiness to comply with any reasonable proposal for the
adjustment of the disputes respecting boundary Lines, be-
tween this and the neighboring States of New Hampshire
and New York, this Committee further recommend to the
Legislature, to make the following Proposals to the said
[p. 250.] States of New Hampshire and New York, respec-
tively : —

That, whereas disputes have arisen between the States
of New Hampshire and Vermont relative to Jurisdictional
boundary Lines &c ; — the Legislature of Vermont being
willing and desirous, as much as in them lies, to promote
unity and good accord between the two States, do propose
to the State of New Hampshire, that all matters relating to

DISPUTED JURISDICTION. 425

the aforesaid dispute, shall be submitted to five or more ju-
dicious, unprejudiced persons, who shall be mutually agreed
on, elected and chosen by a Committee of Legislature, on
the part of each State respectively ; and that the States of
New Hampshire and Vermont, do pledge their faith, each
to the other, that the Decision had, by the persons so
elected, being made up in writing, signed by the President
of such Commissioners, and delivered to the Secretary of
each State respectively, shall be held sacredly binding on
each of the said States of New Hampshire and Vermont,
for ever. And, that Proposals of the same Tenor, be also
made to the Legislature of New York.

And the Committee do further recommend that nine per-
sons be elected Commissioners by the Legislature on the
part of Vermont, to treat v^dth Commissioners to be elected
on the part of New Hampshire and New York respectively,
for the adjusting the aforesaid jurisdictional boundary Lines ;
and that they be commissioned by his Excellency the Gov-
ernor, and the faith of this State be by him pledged, on be-
half of the State, that the Decision thus had, shall in future
be held as sacredly binding, on the part of Vermont.

This Committee further recommend to the Legislature
that the Proceedings of this Committee be officially transmit-
ted to the Congress of the United States ; and that they be
enclosed in a Letter, under the signature of his Excellency
[p. 251.] the Governor, and directed to the President of
Congress.

And this Committee do further advise the Legislature to
recommend to the authority, in every part of the State, to
remain firm in the support of Government, and the punc-
tual Executions of the Laws, notwithstanding the various
measures taken to create Divisions and Discord.

The Commissioners chosen for the above Purpose, Phin-
eas Whiteside, Gideon Warren, Joseph Caldwell Esq^"^ the
hon^^*^ Elisha Payne and Daniel Jones, Esq**, Ezra Styles,
Esq'^", the hon^'^*^ Jonas P'ay, Ira Allen and Peter Olcott,
Esq'■^

Resolved, That it be an Instruction to the said Commis-
sioners, that they prepare and make the necessary defence
in the Premises ; and that they introduce the said matters

426 NEW HAMPSHIRE GRANTS.

to New Hampshire and New York, in such way, as to them
shall appear best.

19"' October 1781.

Voted, that this Committee be dissolved.

Beza. Woodward, Clk. of Committee.

State of Vermont.

In General Assembly, Charlestown Oct^' 19*^ 1781.

The aforesaid report being read, and the Question being-
put, it was iinanivi02isly approved and accepted.

Attest — Roswell Hopkins, Clerk.

In Council, 19*'^ October, 1781.

Read and Concurred.

Attest, Joseph Fay, Sec'ry.

30^^ October 1781. The preceding is a true Copy of an act
of the Legislature of the State of Vermont, lodged in the
Secretary's Office of the said State.

MicAH Townsend, Sec'ry.

Summons to Dajiiel ShattucJc, ^e.

r hic. ^ £ \T 4.) To the Constable of the Town

p. 253. State 01 Vermont / r lu- i i • a r^

-^ -' TTT 1 . . > 01 Hnisdale ni s'^ County,

Washms^ton, ss. ( ^ ^. -^

° ) Greetn:ig : —

In the name and by the authority of the freemen of the
State of Vermont, you are hereby commanded to summon
Daniel Shattuck of Hinsdale, in our said County of Wash-
ington, to appear before the adjourned County Courts, to be
holden at Charlestown on the last Tuesday of November,
next, then and thear to answer to William Page of Charles-
town in said county, in a Plea of debt, for that Shattuck at
Charlestown aforesaid on the Tenth day of August last By
his writing obligatory, sealed with his Seal and in Court to
be produced Bound himself to s*^^ Page in the sum of Fifty
Pounds Lawful Money of s*^^ State to be paid to s*^ Page on
Demand yet the said Shattuck tho' Requested hath not paid
the same But Detains it to the Damage of the s^^ Page as he

DISPUTED JURISDICTION. 42/

saith the sum of Eighty Pounds for the Recovery of which
with Just Costs he brings this Suit.

Hereof fail not and Make Return according to Law.
Dated at Charlestown this twenty second Day of October
A D 1781.

(Coppey) Peleg Sprague, Clark.

Elislia Payne to 3Ieshecli Weare^ trcmsmitting Resolutions^ ^c,
relatiiig to Commissioners.

[p. 255.] Charlestown, October 27^^ 1781.

Sir —

The Commissioners appointed by the State of Vermont
to negotiate and compleat the settlement of the boundary
lines between that State and the States of New Hampshire
and New York respectively, agreeable to the resolutions of
the Legislature of Vermont, beg leave herewith to transmit
those resolutions, together with a duplicate of their commis-
sion, for the consideration of the Legislature of New Hamp-
shire.

The Commissioners are ready to attend the business of
their appointment, whenever they shall receive an answer in
the premises.

In behalf of the Commissioners,
I am, Sir,
Your most obedient Huni^^ Servant,

Elisha Payne.

The Hon^^® Meshech Weare, Esq. (
President Council N. Hampshire. \

428 NEW HAMPSHIRE GRANTS.

[p. 257.] Commission to Commissioners of Vermont^ for the
settlement of homidary lines^ ^c. [Copy.]

His Excellency

THOMAS CHITTENDEN, Esq.

Captain General, Governor, and Commander in Chief in

and over the

State of Vermont,

To the Honorable Elisha Payne, Jonas Fay, Ira Allen,
and Peter Olcott Esq^'* Daniel Jones, Esq. Colonel
Gideon Warren, Phineas Whiteside, Esq. Colonel Jo-
seph Caldwell and Ezra Stiles, Esq., Greeting.

Agreable to a Resolution of the Governor, Council and
House of Assembly, at their Session held at Charlestown,
this Instant October, appointing you Commissioners for and
in behalf of the State of Vermont, to enter upon a Negocia-
tion for the Settlement and Adjustment of the Boundary
Lines, as well between the State of New Hampshire and
Vermont as between the State of New York and Vermont,
agreable to your Directions contained in the Resolution
aforesaid : —

These are therefore, in the Name and by the Au-
thority of the Freemen of the State of Vermont, to au-
thorize and amply empower you, the said Elisha Payne,
Jonas Fay, Ira Allen, Peter Olcott, Daniel Jones, Gideon
Warren, Phineas Whiteside, Joseph Caldwell and Ezra Stiles,
or any five of you the said Commissioners, to compleat and
to carry into Execution the Negotiation and Settlement of
the said Boundary Lines of Jurisdiction between the said
States of New Hampshire and New York with the said
State of Vermont, respectively, agreable to said Resolu-
tions.

And I DO HEREBY PLEDGE THE Faith of the Said State
of Vermont, that the determinations had in the Premises
shall be held sacredly binding on the part of Vermont.

In testimony whereof, I have hereunto set my hand and
caused the Seal of this State to be affixed. In Council, this
27^^ Day of October, Anno Domini, one thousand seven

DISPUTED JURISDICTION. 429

Hundred & Eighty one, and in the 5^^ year of the Inde-
pendence of this State.

Tho* Chittexdex.
By his Excellency's command,
Tho' Tolman, Dep. Sec^'.

Proclamation of Thomas Chittenden for a day of Piihlic

Thanksgiving.

[p. 259.] By his Excellency Thomas Chittexdex, Es-
quire, Captain General, Governor and Com-
mander-in-Chief, in and over the State of Ver-
mont :

A PROCLAMATION.

It having pleased the Supreme Governor of the Universe,
in the course of his holy & righteous Providence, to give
us, his people, reason to rejoice and give thanks in the
midst of his heavy Judgments, with which we are justly
afflicted ; we are under the strongest obligations to devote
our lives to his glory, & with due acknowledgment to ren-
der praise to his Name.

I have, therefore, thought fit, by & with the advice of
the Council, & at the request of the General Assembly of
this State, to appoint, and I do hereby appoint, Thursday,
y^ sixth day of December next, to be observed & kept as a
day of Public Thanksgiving and Praise to Almighty God :
And I do hereby call upon, & strictly require all persons
residing within this State of every Denomination, carefully
to observe & keep s^^ Day ; that we may with united hearts
& voices gratefully acknowledge the beneficence and good-
ness of Jehovah, in the repeated Tokens of his mercy
towards us ; That he has preserved so many of our lives
the year past, and been graciously pleased to defend our
frontier settlements, in the midst of a calamitous War, and
in so singular a manner granted success to the American
arms, and their Allies in every part, both by sea and land ;
That he has been pleased to direct our Councils and bless
the Administration of Civil Government in this State ;
and preserved so much unity and peace amongst us ; That
he has blest so many of us with health and safety in our
dwellings ; That notwithstanding our sinfull provocations,

430 NEW HAMPSHIRE GRANTS.

we are yet favored with a preached Gospel, which mani-
fests that he is yet waiting to be gracious unto us ; That
he has smiled upon and Blessed the Labours of our hands,
and gave us so fruitful a season with plentiful Harvest ;
That he has filled our Hearts with Joy and Gladness, and
crowned the year with his Loving kindness and Tender
mercies.

At the same time Humbly implore the Divine favor, that
God in his mercy would continue those blessings we in-
joy, and in his own time avert his heavy Judgments, and
grant Peace to this Land ; That he would turn us from our
evil ways and cause pure and undefiled Religion to revive
and flourish throughout this Land ; The Gospel run and be
Glorified ; That he would raise up and send forth faithful
labourers into his harvest ; That the many Destitute Con-
gregations may be supplied with faithful ministers of Jesus
Christ ; That in Due time the Just Cause of this State
may be fully acknowledged, when our Enemies shall be
confounded, when iniquity shall hide its Head, and all Na-
tions be at Peace, and the whole Earth Filled with his Glory.

And all servile labour is forbidden on said Day.

Given under my hand, in Council at Charlestown, this 27*^
Day of October, in the fifth year of our Independence,
A. D. 1781.

Thomas Chittenden.
God save the People.

A true copy ; — Attest, Thomas Fisher,

SECTION XIL

Collision in Border Towns.

Note by the Editor.

The long and as yet unsettled dispute respecting territorial jurisdic-
tion, between New Hampshire and Vermont, had by this time reached
such a pitch as to bring the divided inhabitants in border towns into

COLLISION IN BORDER TOWNS, 43 1

direct collision. The facts relating to these disastrous conflicts, which
required both the civil and military power of the state to suppress, are
detailed in the papers which immediately follow. A portion of these
papers — in addition to those on file in the MS. volume in the secretary's
office — is copied from the " Correspondence of the Committee of Safe-
ty of New Hampshire, 1779-1784.''

Letter from Gen. Benjamin Belloivs to 3IesJiech Weare relat-
ing to the iinliaijjpy condition of affairs in that portion of the
State.

[p. 261.] Walpole, Nov''. 15*", 1781.

HoN^^ Sir,—

Being prevented by bodily indisposition from doing my-
self the honor of waiting upon you with a verbal account
of our unhappy situation in this part of the State, by rea-
son of the claim of Vermont upon us, must do it as well as
I can by wTiting ; — that the Authority of the State may
take such effectual measures as they in their Wisdom may
Judge the Present Exigency of affairs calls for. The In-
closed Declaration and other Acts shews that the pretended
Officers of Vermont, notwithstanding any Resolutions of
the Congress of the United States, mean to exercise their
authority^ East of Connecticut River, in all cases wdiatso-
ever, in every place, v/here their numbers render it safe for
them so to do ; and to Prevent either Offxers or People,
still adhering to Hampshire, from the exercising any Act
of Government or Priviled.o:e accordino: to the Laws of said

o o

State. If these things are suffered by this State and the
Government of Hampshire will sit still and see her faithful
adherents Dragg'd to Gaol, for supporting in an orderly
way, her Jurisdiction over a Territory Guaranteed by Con-
gress,— our case is Pittiable. Vermont has levied a Tax
upon the Lands on this, as well as the West side of the
River, and mean to collect it v/here they have a majority ;
— the consequence of which I much fear, will be violent if
not sanguinary measures. We wait with impatience for
some measures taken by you to allay our fears and quiet
our minds, under our present Prospects. If the Wisdom
of the State should think it necessary to use more vigorous
methods than they have as yet done, (as no doubt they
will) : Tho' I mean not to dictate ; yet I think it might be

432 NEW HAMPSHIRE GRANTS.

Best for any Officers sent to support Government here,
with their Posses, to come from off the Grants, as it would
be more likely to settle us in peace, than the employing
any among us, for this Purpose, where we are so intermix' d
and near Equally Divided. I must Further let Your Honor
know that if Effectual methods were taken by the State to
secure some of the leaders of the revolt, which I doubt
not might safely, if secretly and Prudently attempted, be
[p. 263.] done ; in all probability matters would rest quiet,
till the United States would do something decisive, if they
did not take a turn in our favor.

Your Honor will make such use of what I have wrote
you in Confidence, as the good of the whole State may
call for, so as not to Prejudice unnecessarily any against
one, who is with much sincerity your Honors most

Obedient and Hum''^ Serv*,

Benj^ Bellows.
Hon^^^^ M. Weare.

Substance of the comjjlaints exhibited against NatWl Bingham
^ Johyi Grandy by Sam'' I Davis. ^

[p. 269.] To the Hona^ Sam^ King Esq^' Justice of the
peace, Complains Sam^ Davis, that on the Night of the 5 of
Nov'^' Instant — being in the house of Nath^ Bingham in the
Execution of his office as Constable in attempting to serve
a precept upon James Robartson, that John Grandy did by
force & arms oppose him the s^^ Sam^ Davis, and Did Not
Suffer him to make his service, all v/hich in against the
peace & Dignity of this State : this is therefore to pray
your hon'^' to grant a warrant to apprehend the s*^ Grandy so
that he may be Done with as Law & Justice Doth there-
unto appertain, as in Duty Bound your complainant in Duty
Bound shall Ever pray.

Sam^ Davis, Cons.

* The matter referred to in the paper which follows is minutely nar-
rated in Hist, of Charlestown, ch. XI, pp. 168-184. The affair took
place in Chesterfield. Moses Davis, constable, acted under authority
of Vermont. Bingham and Grandy were for New Hampshire. Col.
Samuel King, also, was in the Vermont interest ; and the court before
which the trial was had was a Vermont court. This transaction gave
rise to a succession of severe conflicts in the border towns, which will
be more fully disclosed by documents which follow. — Ed.

COLLISION IN BORDER TOWNS. 433

Mr. Bingham's Crime was that on the above s*^ Night, s*^
Bingham Did by force & arms oppose the s*^^ Davice & or-
dered him to Depart his house & told him that None of his
Precepts should be served in his house.

To Both of the above Complaints when the Questions were
asked Whether Guilty or Not, they said Not Guilty : then
the Influence of their Court was used for them to throw
themselves on the mercy of their Court & submit their
Cause to a Jury, but they Refusing they proceeded to ex-
amine into the Complaint & Endeavoured to support it by
four Evidences ; whereupon the Crime appearing so high
the Justices ordered them to Recognize to the Superior
Court & procure Bonds or Go to Jail ; they offering to go
to Jail the Greatest pains Possable was taken to Pursuade
them to procure Bail & offers made to them even to take
any persons words which they would produce in Lieu of
Bonds if they would But comply.

By the Best Information that can be obtained of a Com-
plaint which is exhibited against Lt. Lee, he is charged with
thretening to take the Life of the s^ Sam^ Davis ; where-
upon a Warrant is issued & orders given to break up any
house where the s^^ Lee may be found.

Warrant to apprehend John Grandy^ Jun.

[p. 271.] State of Vermont | Wheras John Grandy jun'-' of
Washington ss.* \ chestarfeal in said County was
Conveaned before me Samuel King Esquear one of the
Justis of the pease for said Countey for Impeading and hin-
dring one Sam. Davis Constable of said Chestarfeald Exe-
cuting his ofis and I proceed to Examin into the matar and
aftar due examanation in to the matar the offence appeared
to me with its Aggravetison to be so notorious and horid
that I ordareed the offendar to be bound to the Neaxt Coun-
tey Cort and the said John did refuse to get Bondsman for
his appearans at said Cort.

To the Sherif of said County his Deputy or Eyther of
the Constables the town of Chesterfield in the name and by

* Washington county, of Vermont, at this time, was assumed to cover
the whole county of Cheshire. — Ed.

434 NEW HAMPSHIRE GRANTS.

the Authority of the freemen of the State of Vermount you
are hereby Required to take the body of John Grandy jun^
of said Chesterfield if he may be found in within your Pre-
cinct and him Commit to the Common Gaol in Charles-
town in said County within his said Prison and our said
Sherif or Gaol Keeper is hereby required to keep the said
John till he be had before our Justices of our next County
Cort to be holden in said County hereof fail not as you will
answer on your perril Given under my hand at Chesterfield
this 12*^ day of November 1781.

Samuel King, Justice of the peace.

Attest — Isaac Griswold, Dept. Sherif.

A true Copy of what was left with me on the committing
of John Grandy to Gaol in Charlestown on the 14*^ of Nov.
1781. Attest.*

Wan^ant to apjjreJiend and secure in Gaol, NatKl Bingham.

[p. 273.] State of Vermont, ) Whereas Nathaniel Bingham
Washington, ss. j was convented before me Mo-
ses Smith Justice peace with in and for the County
of Washington for impending and hindring as well as
opposing an officer in the Execution of his office in Ches-
terfield in the County aforesaid, I thereupon having tak-
en Into consideration the case aforesaid do adjudge that the
said Nathaniel find sureties to the next County Cort of
Common Pleas to be holden in this County in the sum of
five hundred Pounds Lawfull money for his y^r his appear-
ance at said :

These are therefore in the name and By the authority of
the freemen of the State of Vermount, to command you the
Sheriff, under sheriff or Deputy or Gaoler of the County
aforesaid to Recive the Body of the said Nathaniel and
him keep and have in the Gaol of our said County untill he
may be had before the Justices of our County Cort or Cort

* On the back of the foregoing mittimus is the following minute with-
out signature, viz. : " The foregoing Copy was drawn by a person who
"was favored by the Gaol Keeper with the Copies left with him, and
"the Gaol Keeper was desired to examine and attest it, but he de-
" dined: it was then presented to the Sheriff with the same request
" and he declined signing it." — Ed.

COLLISION IN BORDER TOWNS. 435

of Common Pleas next to be holden at Charlestown within
the County aforesaid hereof fail not at your perrill Given
under my hand this 12^^ day of November ad 1781.

Moses Smith, Justice of the Peace.

Attest — Isaac Griswold, Dpt. Sherif.

A true Copy of what was left with me on the committing
Nathaniel Bingham to Gaol in Charlestown on the 14*^ of
Nov^' 1 78 1. Attest.

Petitioyi of NatWl Bingham and John Grandy^ Jun.^ to the
Council and House of Representatives^ N. H.

[p. 275.] State of New Hampshire \ To the Honorable
Cheshire, ss. \ the Council and House

of Representatives in General Assembly now sitting at
Exeter :

The Petition of Nathaniel Bingham and John Grandy,
jun'^ of Chesterfield in said County : Humbly shews —

That your Petitioners are now confined in the Gaol in
Charlestown in said County by two several Mittimuses, the
one signed by Samuel King, the other by Moses Smith of
Chesterfield aforesaid, for the supposed Crime of opposing
a Constable acting under the authority of the State of Ver-
mont in said Chesterfield, as by the copies of the Mittimus-
es herewith transmitted will appear. How far we are justly
chargeable with th^fact of opposing the said Constable (for
we suppose it to be no crime) your Honors will be able to
judge from an impartial account of our conduct, presented
by the Bearer. The pain we feel from our disagreeable
confinement induces us to trouble the Assembly with this
Petition, not doubting but they will grant us such reUef as
on full consideration of our case shall be tho't expedient; —
and as in duty bound shall ever pray.

Nath^ Bingham
John Grandy, Jun'^
Charlestown, Nov^ y^ I6^^ 17S1.

436 NEW HAMPSHIRE GRANTS.

Statement of facts by Nathaniel Bingham.

[p. 277.] As the Town of Chesterfield in the County of
Cheshire has been some time destitute of any Officers
either civil or military who would act under the authority
of New Hampshire, we were advised by some of the prin-
ciple Persons in the County to nominate one or two persons
as Justices of the peace and return their names to the As-
sembly to be commissioned if they tho't proper. We were
accordingly assembled for that purpose at my House in
said Chesterfield on the evening of the sixth of November
Instant. About 8 o'clock in the evening Samuel Davis of
Chesterfield aforesaid, who was legally appointed and
sworn as Constable for said Town for the present year, but
has since taken another oath as Constable for the same
Town under the authority of the State of Vermont, under
which authority only, he will act — came in with five oth-
ers, and after some conversation took a book from under
his coat, which I suppose to contain the Laws of Ver-
mont, and said he would be glad to read a paragraph in it.
I told him I did not choose to have him read any of the
Acts or Laws of Vermont there, and forbade his doing it,
and desired him to withdraw for he interrupted us, and
some one in the company said if he read any riot act there,
it would be kicked into the fire ; after some other conver-
sation he put up his book, and said he had a Precept against
one of the Company, and I forbade his reading any Pre-
cept under Vermont in my house, — on which he and his
attendants left us.

On the twelfth of Nov'" ins*, I was taken by a Warrant
signed by Moses Smith, directed to the Sheriff of the Coun-
[p. 278.] ty of Washington, and was carried before the said
Smith, and sentenced as set forth in the Mittimus, and
kept in close confinement untill the afternoon of the 13*^
instant ; then conveyed to the north part of Walpole ; and
the next day committed to this Gaol with John Grandy
jun^ who is in the same situation with myself, except that
he was committed by Samuel King.

The above is a true state of facts, which I beg leave
humbly to submit to the General Assembly of the State of
New Hampshire.

Nathanael Bingham.
Charlestown, Nov^ ye I6*^ 1781.
To the Speaker of the House of Representatives.

COLLISION IN BORDER TOWNS. 437

An Act of the General Assembly of New Hampshire for em-
poiuering the Sheriff of the County of Cheshire to release cer-
tain persons from Prison, in Charlestown.

[p. 281.] State of New Hampshire.

In the year of our Lord, one thousand seven hundred and

eighty one.

AN ACT,

For empowering the Sheriff of the County of Cheshire to
release from Prison sundry of the good subjects of this
State, imprisoned by certain evil-minded Persons, as-
suming authority for so doing under the People inhabit-
ing a Territory commonly called Vermont ; and for ap-
prehending the persons so offending.

Whereas the people inhabiting a tract of country on the
West side of Connecticut River, originally granted by this
State, and afterwards claimed by the State of New York,
have erected themselves into a separate and independent
Jurisdiction by the name of the State of Vermont ; and
whereas sundry persons have, by color of authority under
the said pretended State of Vermont, acted as Civil Offi-
cers, passed Judgment and committed to prison sundry of
the good Subjects of this State, and have seduced many of
the inhabitants of the Counties of Cheshire and Grafton
to submit to the Jurisdiction of the said pretended State of
Vermont, by means whereof the proper officers of the said
Counties may be unable to release the good subjects of
this State from such illegal imprisonment, and to appre-
hend the persons so offending, without the special Aid of
this Assembly ; and inasmuch as an impartial trial of the
said Offenders cannot probably be had within the said Coun-
ties where the Offences have or may be Committed ; There-
fore,

Be it therefore Enacted by the Council and House of Repre-
sentatives, in General Assembly convened, and by the Authori-
ty of the same, it is hereby enacted. That the Committee of
Safety be, and hereby is im powered and authorized to issue
their order to the Sheriff of the County of Cheshire to

438 NEW HAMPSHIRE GRANTS.

release from Prison all persons confined or who may here-
after be confined in either of the said Counties by order, Pro-
cess or Authority of any pretended Court, Magistrate, Offi-
cers or other Persons claiming Authority from the said pre-
tended State of Vermont, and to apprehend the persons
who heretofore have exercised, or who hereafter shall at-
tempt to exercise any Office, Power or Authority within
the said Counties of Cheshire or Grafton from, by or under
the said pretended Authority of Vermont, and to convey
said Offenders to the Common Gaol in the County of Rock-
ingham, or such other County in this State as the said
Committee may order, there to remain until released by or-
der of the General Assembly, the Committee, or by due
course of Law.

And he it furtJier enacted hy the Authority aforesaid, That
the said Committee of Safety be, and hereby are impowered
to authorize the Sheriff of the said County of Cheshire to
call upon the Sheriffs of any or either of the other Coun-
ties in this State, to raise the body of their respective Coun-
ties to aid and assist him in executing the order of the
Committee of Safety, either to release persons imprisoned
as aforesaid, or to apprehend the person or persons impris-
oning them, and to convey the said Offenders to any Prison
within this State, and also to command the Aid of any Offi-
cer or Officers of the Militia or Troops of this State, which
may at the time be within the limits thereof, and command-
ed by an Officer commissioned by this State, and all Offi-
cers and other subjects of tliis State shall yield due obedi-
ence to such command.

And he it further enacted hy the Authority aforesaid, That
the several and respective Courts of Judicature in the
County or Counties where the said Offenders may be con-
fined, be and they are hereby respectively impowered to
hear, try and determine any Process or Processes against
the said Offenders, and to give Judgment and award Exe-
cution thereon in the same manner as though the Offence
had been committed within the Body of the County where
such Trial is had ; — Any Law, Usage or Custom to the
contrary in any wise notwithstanding.

collision in border towns. 439

State of New Hampshire :

In the House of Representatives, November 27*^ 1781.

The foregoing Bill having been read a third time, Voted,
That it pass to be enacted.

Sent up for concurrence.

Wm. Whipple, Speaker, P. T.

In Council, November 28^^ 1781.
This Bill was read a third time, and Voted, That the
same be enacted.

M. Weare, President.

Copy examined by Joseph Pearson, D. Sec'ry.

Note. Under the authority above given, Col. Hale, of Rindge, pro-
ceeded immediately to the release of the prisoners in Charlestown gaol,,
but met with resistance, and was himself imprisoned. — Ed.

Mittimus for committing Col. Enoch Hale to prison.

(Copy)

[p. 279.] State of Vermont ) Whereas Enoch Hale, Esq^
Washington, ss. \ hath been this day brought
before us Benjamin Giles, Nath\ S. Prentice, and Elijah
Bingham, Esq'^'^ three of the Justices of the Peace for said
County on a Complaint exhibited against him by Isaac Ely
for attempting to break the Common Gaol in Charlestown
in said County with an intent to release Nath^ Bingham
and John Grandy, jun^ then Prisoners in said Gaol, which
fact being fully proved by the Oaths of the said Isaac Ely and
Isaac Griswold, the said Enoch Hale was ordered to recog-
nize for his appearance at the next County Court in said
County, in the sum of five hundred pounds, with sufficient
surety, or stand committed, and the said Enoch Hale refus-
ing to Recognize, these are therefore, in the name and by
the Authority of the freemen of the State of Vermont, to
command the Sheriff of the said County of Washington,
his Deputy or Gaol Keeper to receive the Body of the said
Enoch Hale, and him detain in the common Gaol in
Charlestown in said County, untill he shall be discharged
according to Law ; for which this shall be your warrant.

440 NEW HAMPSHIRE GRANTS.

Given under our hands, at Charlestown this 29*^ day of

November, A. D. 1781.

Benj-'^ Giles
Nath^ S. Prentice

Attest a true Copy Elijah Bingham.*

Isaac H. Ely, Gaol Keeper.
A true Copy of a Copy, attested by the said Ely.
Attest Enoch Hale.

According to the within Mittimus I have committed the
within Enoch Hale to the Gaol in Charlestown.

Charlestown, Nov^' 29^^ 1781.

Isaac Griswold, Dep*^' Sheriff.

Letter from Gen. Belloivs to 3Ieshecli Weare^ iyiformmg him of
the imp7'isonment of Col. Hale.

[p. 283.] Walpole, Nov'" 29t^ 178 1.

Sir —

The methods taken by the General Assembly for Liber-
ating Mess^'^ Bingham and Grandy are so far from being
effectual for that Purpose, that the Authority of Vermont
have imprisoned the Sheriff of the County of Cheshire
who was sent here for the purpose aforesaid ; the authority
of said Vermont are determined to keep the Goal and their
prisoners, and also to withstand and oppose (by force of
arms) all the Sheriffs and their Posses who may be im-
ployed by New Hampshire to counteract any of their Pur-
poses or designs : it is said they can raise (by their ac-
count) six Hundred men at the shortest notice, who will
resolutely dispute the Ground Inch by Inch. That the
Posse should be raised to carry the orders of this State in-
to Execution now, is absolutely necessary ; something ef-
fectual must be done ; dallying will not answer, and unless
some force can be obtained from without the County of

*Benj. Giles was of Newport, Nath'l S. Prentice of Alstead, and Eli-
jah Bingham of Lempster. They were leading men in their respective
towns, and the two former had held office many years under the N. H.
government. — Ed.

COLLISION IN BORDER TOWNS. 44I

Cheshire, it will not be advisable to Dispute the Ground
any longer. You can't but be sensible of the ill conse-
quences of such an attempt from within ourselves within this
County, and Especially within the Grants ; — for should the
Friends of New Hampshire generally exert themselves at
this time it would universally alarm the Vermonters, and
many who would not otherwise arm in this Quarrel would
exert themselves to the utmost to oppose the orders of the
Assembly, and all the New Hampshire Authority. I should
think that if New Hampshire are determined to Support
and Protect their Friends in this Quarter, and to maintain
their Jurisdiction, it will be absolutely necessary that a suffi-
cient force should be collected from without the Grants be
sure, if not without the County of Cheshire ; You will put
yourself in our circumstances, and especially in those of
the Sheriff and the other Prisoners, and I think you can't
hesitate a moment respecting what is necessary to be done
and how it should be done.

I am, with esteem your Honors most obed*

Hum^ Serv*,

Benj^ Bellows.
Hon^^« M. Weare.

Letter from Samuel King to Col. Chamberlain and others re-
lating to the ahovesaid matters.

To CoP Chamberlain I shall transmit to you a coppy of an
Express I Rec'^ Sabeth day night for the Sheriff of this
county.

State of Vermont } Charlestown, December i^*, a d

County of Washington ( 1781.

Sir — two men belonging to Chesterfield have Been taken
by the authority of this State and commited in the Gaol in
Charlestown for opposeing the Constable of said Chesterfield
in the Execution of his office — Intelli2:ence of which has
been sent to the general Cort of New Hampshire who Did
Resolve that Col^ Hale Proseed to said Gaol and Release the
Prisoners and in case of Resistance to call on the Sivil and
Military Authority of the State of New Hampshire to su-
port him meaning the authority of the County of Cheshire

442 NEW HAMPSHIRE GRANTS.

Col*' Hail arrived here on the 28*^ of November last De-
manded the Prisoners they being Refused he attempted to
brake the Gaol in order to Release them for which he was
taken and committed to Prison was Released on his Parole
for the Purpose of Consulting General Bellows and calling
on him to Raise the Malitia agreeable to the order of said
Court but the General Refused to Do it the Col^ is Re-
turned and is now under confinement having the Liberty of
the yard On the evening of the 29^^ General Bellows sent
an Express to the General Court of new Hampshire now
seting Excuseing himself for not Raising the Melitia and in-
forming them that if the Melitia are to be Raised it would
be best to Raise them without the limits of the County for
the Releaf of Col^ Hail. Doubtless there will be a force
sent to Relive him In which case I shall call on you for
assistance to withstand any Force that may be sent to
Releave him if I am advised to by proper authority as the
Law Directs I wish your Regiment might be notified with-
out Loss of time to be in Readiness properly Provided with
Provisions arms and ammunition to march on the shortest
notice Should I be under the Disagreeable necissity of call-
ing for your assistance I Have sent simelar Letters to Col-
onels Haywood Chase and Childs Regiment* have only to
add that if the People that Elected me into office will not
turn out at so critical a Juncture to Defend me and the
Honour of the State and its Laws I shall be under the Dis-
agreeable Necessity of giving up a Cause which I under
Took for my own and their good.

I am Sir your most obedient humble serv*

William Page, Sheriff.
To Col** Samuel Kins:,

'&•

[p. 286.] Therefore Sir, I would desire you to Favor the
Captains in your Town with a coppy of this or with this
and Exeart yourself that the men may all be Ready to march
at the shortest notice and Doubt not your nor the Captains
Exartions on such an Important matter and critical time as

* Col. William Heywood was of Charlestown, Col. Jonathan (?)
Chase of Cornish, and Col. Jonathan Child of Lyme. — Ed.

COLLISION IN BORDER TOWNS. 443

I view this to be and wish they may universally turn out in
Defence of so just a cause.

So I remain your most obedient servant

Samuel King, Co1°
Decern^' 3'\ 1781.

To Col^ Chamberlain, Capt. Franklin, Capt. Coal and
Capt. Butterfield.

P. S. I have sent this Day to the other Towns in the
Regiment Simelar Letters to this.

Letter from Col. Wm. Heyivood to Capt. Phineas Hutchiiis
(tuitli a copy of Sheriff Pagers express).

State of Vermont ) r-r, 1 ^ -r^ .1^0

/- 4. c \\T v.- 4. i Charlestown, Dec. 2'S 1781.
County 01 Washington ) > ^ /

The following is a Coppy of a Letter from Doct'^' Page.

Sir — Two men belonging to Chesterfield have been Taken
by the Authority of this State and Committed to Gaol in
Charlestown for opposing the Constable of said Chesterfield
in the Execution of his office. ***** [The re-
mainder of Doctor Page's letter, word for word, is identical
with the preceding copy of the letter to Col. Chamberlain,
and need not therefore be repeated.]

Col. Haywood continues

Sir — I should be glad you would show this to Capt.
Hooper and Lieut. Bundy & assist them in Notifying all
that are friendly to the new State be in readiness with their
arms & ammunition compleat with two or three Days
provision each to march to Charlestown on the shortest
Notice.

I am your Hum^^ Serv*.

WiM. Heywood, CoK

Capt. Hutchins.

[Superscribed] On Publick Service

Capt. Phineas Hutchins, Walpole.

/j/j/j NEW HAMPSHIRE GRANTS.

Letter from 3Iic7iael Cresset/^ of Chesterfield^ to Gen. Belloivs.

[p. 289.] Sir — I Beg the Leave to inform your Hon^* that the
Pertened Coll. King has sent out : By order as I am informed
from Doc : Page to Raise his Rige™^ to oppose New Hamp-
shire, and that he Called the milita of this Town together
yesterday to see who would fight against New Hampshire
and that as I am Credably informed there was about Sixty
turned out as Vollenters for that Purpose and the sed King
Urged them in the Strongest terms to Stand By one an-
other and by thire officers for thire Rights against the State
of New Hampshire, assuring them if they stood firm New
Hampshire would not fight, it is also reported that he sent
over to Capt. Sarjants at Brattilbrough to asist But what
return unknown.

Sir — I thought Proper to inform you of these movements
and I Pray Heaven to give both you and the State of New-
hampshire wisdom to conduct matters wisely at such a Crit-
ical day as this.

From your most obedient and

Humble Sarv*

Michael Cresey.

Chesterfield, Dec^^^^" y^ 5^^ 1781.
To Gen^^ Bellows.

Note by the Editor.
While affairs were in the condition above delineated in the western
parts of the state, the authorities of New Hampshire in the eastern part
were prompt in measures to maintain their jurisdiction, and give relief,
if possible, to their oppressed subjects. Hence, the Committee of
Safety at Exeter, on the 5th of December, issued orders, as follows :

[Copied from IMS. Records in Secretary's office, of Committee of Safety,

1779-1784, pp. 108-115.]

State of New ) In Com^^^ of Safety Exeter Decem^" 5th,
Hampshire \ 1781.

Sir — By the inclosed Order you will see, that you are to
raise the body of your County for the purpose of liberating
the sheriff of the County of Cheshire from his illegal con-
finement.

COLLISION IN BORDER TOWNS. 445

The Committee have wrote Gen^ Nichols and Gen^ Bel-
lows on the subject of raising men for that purpose to whom
you will apply.

You have inclosed a copy of the act of the Gen^ Court,
impowering the Committee to liberate persons confined in
the Counties of Cheshire and Grafton by any persons acting
under the pretended authority of Vermont & for appre-
hending all persons who have or shall attempt to exercise
such authority in either of said Counties.

You will receive herewith a Warrant directed to Col*'
Hale or (in his absence or incapacity to act) to yourself for
liberating from confinement and for apprehending sundry
persons acting as aforesaid — You will first proceed to liber-
ate Col^ Hale and afterwards give him your assistance agree-
ably to the Act of the General Court. If (by any cause
whatever) Col^ Hale should not be able to execute said
Warrant, you will consider and proceed to execute the same
as full to all intents and purposes as though originally in-
tended for you.

The Confining Coll. Hale is a Crime of such magnitude,
that the General Court (as we conceive) had no idea of it,
and demands speedy redress, doubt not but you and all the
good people of this state who may be called upon for the
purpose will exert yourselves to give speedy relief to those
confined and to bring to Justice all concerned in such un-
constitutional proceedures.

You will call on Francis Blood Esq for a supply of Pro-
visions, to whom we have wrote on the subject — You will
give the Committee (or the General Court if sitting all nec-
essary intelligence from time to time in order (if need be)
that you may have further support.

M. Weare, President.
Moses Kelley Esq. Copy.

State of New ) In Committee of Safety Exeter Decem'^ 5*^,
Hampshire ] 1781.

To Moses Kelley Esq. Sheriff of the County of
Hillsborough — Greeting.

Whereas this Committee are informed that the Hon^^*^

44^ NEW HAMPSHIRE GRANTS.

Enoch Hale Esq Sheriff of the County of Cheshire (in at-
tempting to liberate Nathaniel Bingham and John Grandy
Jr. from Charlestown Gaol in pursuance of an order from
the General Assembly of this State for that purpose) has
been apprehended by some persons acting under the pre-
tended authority of Vermont and confined in said Gaol.

You are hereby required in the name of the Government
and People of said State to raise the Body of your County
and proceed immediately to said Gaol (or to any other place
in this State where the said Enoch Hale Esquire may be
confined by any person or persons acting under the pre-
tended authority of said Vermont) and him release & liber-
ate from such confinement ; after which you will give your
assistance in apprehending such persons as he may be di-
rected, by this Committee, to apprehend in consequence of
an Act of the Gen^ Court passed Novem^' 28^^* 1781 — And
all officers Civil and Military, and other subjects of this
State, are by said Act required to be aiding and assisting
in the premises — for which doing this shall be your suffi-
cient Warrant.

Hereof fail not and make return as soon as may be.

M. Weare, President.

State of New ) In Committee of Safety Decemb'^ 5"*
Hampshire \ 1781.

To Enoch Hale Esq. Sheriff of the County of
Cheshire or in case of his absence or Incapacity
to execute this Order. To Moses Kelley Esq
Sheriff of the County of Hillsborough — Greeting.

Whereas by an act of the General Court of this State
passed November 28^^ 1781 the Committee of Safety are
Authorized and impowered to issue their Order to the
Sheriff of the County of Cheshire to release from prison all
persons confined, or who may hereafter be confined by any
person or persons claiming authority from the pretended
state of Vermont within the Counties of Cheshire and
Grafton, and also for apprehending and confining any per-
sons acting under said Authority within said Counties and
to convey such offenders to such Gaol as the Committee of

COLLISION IN BORDER TOWNS. 44/

Safety for said State shall order. Therefore you are hereby
required in the name of the Government and People of
said State to call on the posse of the Counties of Hillsbo-
rough and Cheshire, and in case you find it necessary on
any or all of the other Counties in this State and proceed
to and release from prison Nathaniel Bingham and John
Grandy J^ who are now in Charlestown Gaol and any other
persons that may be confined in either of the Counties of
Cheshire and Grafton by any persons acting under the pre-
tended authority of Vermont. And whereas we are in-
formed that Benjamin Giles Esq of Newport, Nathaniel
Sartele Prentice Esq of Alstead, Samuel King of Chester-
field, Page of Charlestown Physician Ely of Charlestown,

Isaac Griswold of Keene and Moses Smith of

have each and all of them by colour of authority from the
said pretended State of Vermont acted as Officers within
this State.

You are hereby further required to apprehend the Bodies
of the said Benjamin Giles, Nathaniel Sartele Prentice,
Samuel King, Page, Ely, Isaac Griswold and Moses Smith
all of the County of Cheshire and other persons, who may
oppose you in the execution of this Order and them safely
keep and convey to the Common Gaol in the County of
Rockingham, there to remain untill released by Order of
the General Assembly the Committee of Safety, or by due
Course of Law. Hereof fail not and make return of this
Warrant and of your doings herein as soon as may be.

M. Weare, Presd*.

[p. 113.] State of New ) In Committee of Safety Exeter

Hampshire \ Dec^ 5^^^ 1781.
Sir —

The Committee deem it necessary to raise the body of
the Militia in the Counties of Hillsborough and Cheshire
in order to liberate Coll^ Enoch Hale and others from
prison in Charlestown (No. 4) where they are confined by
the pretended authority of Vermont. And also for the
purpose of securing & committing to Gaol sundry persons,
who have acted under the said pretended Authority within
this State. For which purpose they have authorized Mo-
ses Kelley Esq Sheriff of the County of Hillsborough

448 NEW HAMPSHIRE GRANTS.

(provided said Hale is unable to act in the premises) to call
to his aid for the purposes aforesaid the body of the Mili-
tia in the said Counties.

This is therefore to direct you, when called upon by the
said Kelley to raise forthwith such a number of effective
men in the County of Hillsborough as he may think nec-
essary compleatly equipped with Arms, and furnished with
ammunition and properly officered to attend the said Kel-
ley or Hale and act agreeably to such directions as may be
given by them or either of them. You are to take in per-
son the Command of your Troops.

M. Weare, Presd^
The Hon^*^^ Brig. Gen^ Moses Nichols.

[p. 114.] State of New ) In Committee of Safety Exeter —
Hampshire \ Dec. 5*^ 1781.

Sir — Your letter of the 29*^ Ult° to the President was
received on Sunday evening. The Committee were sum-
moned to meet in consequence or the same.

They deem it necessary to raise the Body of the Militia
in the Counties Hillsborough & Cheshire in order to liber-
ate CoP Hale and others and for apprehending and securing
sundry persons who have acted under the pretended author-
ity of Vermont. —

For which purpose have Authorized Moses Kelley Esq.
Sheriff of the County of Hillsborough (provided said Hale
is unable to act in the premises) to call to his aid, for the
purposes aforesaid, the Body of the Militia in said Coun-
ties— The Committee have wrote Gen^ Nichols directing
him to raise the Body of the Militia in the County of Hills-
borough. You will raise as many of the Militia of your
County as possible on this occasion and take command of
them, that you may be in readiness to Cooperate with those
raised in the County of Hillsborough and act agreeably to
such directions as may be given by said Sheriff or either of
them. You have inclosed a Copy of the Act of the General
Court directing the procedure in such cases.

M. Weare, President.

Brig. Gen^ Benjamin Bellows, Esq.

COLLISION IN BORDER TOWNS. 449

[p. 115.] State of I In Committee of Safety Exeter Dec'"
New Hampshire ) 5 1781.

Sir — As the Committee have thought it necessary to
raise a Body of the Militia in the County of Hillsborough
and Cheshire to liberate CoU*^ Enoch Hale & others from
Charlestown Gaol and for other purposes — This is to di-
rect you to supply the Troops while embodied, with Beef
from the Cattle you collect for the Army ; and if practica-
ble to exchange a sufficient quantity of Beef to supply
them with Bread. But if you cannot make such exchange,
then to dispose of as many of the said Cattle for specie as
will raise a sum sufficient to purchase Bread for said Troops
while thus embodied — which provision you are directed to
deliver to the Sheriff of the County of Hillsborough or
Cheshire or to either of their Orders.

M. Weare, Presid*.
Francis Blood Esq.

Letter from Col. Enoch Hale, Sheriff of the Coiuity of Chesh-
ire^ to MesJiecJi Weare.

[p. 291.] Charlestown Gaol, Dec'^ I2*^ 1781.

Sir — I have to inform your Hon'^ that I wait the pleasure
of the Hon^^® Committee of Safety, who I trust, well know
my situation. Sir, I have given Bonds for the liberty of
the yard, but could not give Bonds to appear at an unknown
Court, for the Honor of the State that sent me to this
place : however I was prevented doing the Business that I
was sent upon yet I found the People to be much dis-
appointed when they see that I Refuse to recognize and
said that it would emediately bring on a quarrel, and
many said they never would take up arms for the sake of
Jurisdiction and could ownly wish to know the pleasure of
Congress on the matters, — which I think has been kept
from them by designing persons.

Sir, Even those that are leading in the insurrection were
pannick struck on hearing that two thousand men was on
their march but have since been much incouraged by hear-
ing that the State of New Hampshire did not know what
to do with them. Sir, I think that Now is the Time to Put
29

450 NEW HAMPSHIRE GRANTS.

the Laws in Execution more especially the late ones. Sir,
the wisdom of the Hon^^^ Committee is surficient to direct
them. I am Sir with much Respect

Your Hon'"^ most Obedt. Hum^'^^ Serv*.

Enoch Hale.
Honorable

Mashech Weare, Esq. President, &c.

Letter and orders from Thomas CJiittenden to Elisha Payne,
Major General, dated

[p. 299.*] ArUngton, 14*^' December 1781.

Sir—

I have received dispatches from William Page Esq^
Sheriff of Washington County, which gives me to under-
stand that there is a high probability that the Government
of New Hampshire are about taking coercive measures
to compel the peaceible citizens of this State to submit to
the Laws and authority of New Hampshire. The Sheriff
further desires my special orders in matters relating to the
premises ; and as my remote situation renders it impracti-
cable that I should have the knowledge of the particular
occurrences which may take place should such an attempt
be made by New Hampshire, therefore I can only give you
General Orders in the matter : viz. Provided that New
Hampshire reject the proposals f of the Legislature of this
State, and insist upon hostile measures, you are hereby di-
rected to call on such of the members of the Council & the
Generals Fletcher and Olcott, and such of the field Officers
of the Militia on the East side of the Mountain as you may
think proper, and after having consulted matters, if need
be you are directed to call on any or all of the Militia of
this State to the Eastward of the Range of Green Moun-
[p. 300.] tains to your Assistance, and assist the Sheriff in
carrying into Execution the Laws of this State, and to de-
fend its citizens against any insult, and provided New
Hampshire make an attack with an armed force you are

* The irregularity of some of the marginal pages is to preserve the
chronological order of events, rather than the arrangement of files. — Ed.

I See ante, pp. 422-427. — Ed.

COLLISION IN BORDER TOWNS. 45 1

hereby ordered to Repel force by force ; and in the mean
time you will use every means in your power consistant
with the pease, happiness and dignity of this State to pre-
vent the Effusion of human Blood, which at this time
might be more or less injurious to the common cause of
America as well as attended with many other serious con-
siderations ; and which I pray God may never take place.
I am, Sir,

Your Obedient and humble Servant

THO^ Chittenden, Capt. Gen^.
Elisha Payne, Esq'^.
Major General.

N. B. Provided a force from New Hampshire, precipi-
tate an invasion, you must act with that expedition which
their manoeuvres may require, with such council as you can
in haste collect. T. C.

Letter from TJiomas Chittenden to William Page referring to
orders given to Gen^. Payne.

[p. 301.] Arlington, December 14*^, 1781.

Sir

I received your dispaches of the 9^^^ and 12*^ Instant last
evening by Capt. Watherbe, have considered the same and
do approve of your conduct in every particular.

I have wrote Major General Payne in which I have given
him particular orders with the advice of certain gentlemen
therein named to give you such assistance as shall be nec-
essary for the support of Government in your Quarter.
I am, Sir, with Respect,

Your Hh^^ Servant

Tho^ Chittenden.
William Page, Esq.

True Copy

Test William Page.

Instruction from Gov. Chittenden to Ira Allen respecting boun-
dary lines, S^c.

[p. 267.] Arlington, December 15*^, 178 1.

Sir — I have consulted a Number of the members of my

452 NEW HAMPSHIRE GRANTS.

Council on the Controversy between this & the State of
New Hampshire Respecting the Boundary lines between
the two States : Whereupon I do hereby appoint & author-
ize you to Repare to the Gen^ Court of New Hampshire &
their use your Influence that they comply with the Propos-
als of the Legislature of this State for an amicable Settle-
ment ; * thereby, if possible to Prevent the Effution of Hu-
man Blood, as the appearance of Civil War will but too
much give Countenance to the Common Enemy of these
States.

Tho^ Chittenden.
To Col° Ira Allen. (Copy.)

Letter from Samuel Livermore in Congress to President Weare,
relating to j^roceedings in Congress.

[p. 293.] Philad^ Dec^ 18^^^ 1781.

Dear Sir —

I rec*^ yours of the 4*'' Instant with the Papers inclosed
which I this day laid before Congress (except those which
contain the maneuvers of Vermont Assembly at Charles-
town, which Congress were already possessed of.) Congress
appointed a Com*^® of five to take them into considera-
tion and report. Every member of Congress but one ap-
peared in our favour & against Vermont as far as I could
judge. Nevertheless, I do not pretend to predict the meas-
ures that will be taken. The labouring Oar I think is on
Congress to support their own honour, dignity and author-
ity ; I wish to keep it so. I shall further advise of what
may turn up.

I am with great esteem your most

obed* servant

Samuel Livermore.
f^Qj^bie President Weare.

The Resolutions of Ver- President Wheelock is

mont were bro't to Philadel^ here & professes to have

last week by one Mr. Brun- no hand in politicks, but

son a Counsellor as I under- is trying to get contri-

stand of that State. butions for his Indian

School, &c.

* See ajite, pp. 422-427.— Ed.

COLLISION IN BORDER TOWNS. 453

Letter from Elislia Payne, Lieut. Governor of Vermont, to
President Weare, proposing amicable measures, ^c.

[p. 295.] Charlestovvn, Dec. 21®'^ 1781.

Sir —

I herewith transmit to your Honor a copy of orders re-
ceived from the commander in chief of the State of Ver-
mont issued in consequence of coercive measures persuing
by New Hampshire, from which you will learn my situa-
tion.

Inclination and duty conspire to induce my compliance
with any measures which reason and justice may point out
to avert threatening hostilities pregnant not only with the
horrors of civil war, but also the greatest injury to the
United States, whose interest it is our desire as well as
yours to support ; — have therefore by advice of sundry
members of the Council of this State and other Gentlemen
of influence and consideration now present, appointed Brig-
adier General Enos and William Page, Esq^ in conjunction
with Col^ Ira Allen (already appointed by the Governor to
wait on your Assembly) to state before the said Assembly
the reasonableness of the late proposals of the Legislature
of Vermont transmitted to your Honor by a committee ap-
[p. 296.] pointed by said legislature for that purpose, for a
settlement of the disputes between New Hampshire and
Vermont.

You must be sensible it has ever been our idea to have
justice and equity take place in the decision, and therefore
by the advice aforesaid renew proposals that the controversy
in respect to the territory, the jurisdiction of which is in
dispute between the said States, be decided by an impartial
tribunal, on principles of right and equity, in the mode Con-
gress have pointed out by articles of Confederation of the
United States, in cases where disputes arise between two
or more States in respect to boundary, jurisdiction, &c,
Vermont being allowed equal privileges as the other par-
ty in support of their claims ; — and that hostilities between
the said States be suspended till such trial can be had.

We doubt not a compliance on the part of Vermont with
the foregoing proposals which appear to us equitable and
just, and are persuaded that New Hampshire are so pos-
sessed of principles of justice and equity as shall induce a

454 NEW HAMPSHIRE GRANTS.

compliance on their part, and hope for their favorable an-
swer to lay before the Assembly of Vermont for their con-
[p. 297.] currance at their meeting on the last Thursday in
January next.

In case New Hampshire refuse compliance with equitable
terms (as we view the foregoing) and are determined on
hostilities previous to attempts for an amicable settlement,
shall find myself under the disagreeable necessity to exe-
cute the orders I have received in raising the force of Ver-
mont to repel encroachment on its jurisdiction exercised by
consent of the people, and which I doubt not their most
spirited exertions to support till the dispute is decided,
confident that New Hampshire in case they commence hos-
tilities must be accountalDle for the consequences.

I have the honor to be with esteem
and respect, Sir,
Your Honor's most obedient

and most humble servant

Elisha Payne, Leu* Gov^'.

His Honor Meshech Weare, Esq.
President of the Council of New Hampshire.

Orders from Elisha Payn^e^ Lieut. Gov., to Roger Enos and

William Page.

[p. 303.] State of Vermont.

To Brigadier General Roger Enos* and William Page,
Esquire.

Gentlemen —

By advice of sundry members of the Council of this State,
you are hereby appointed and empowered to repair forth-

* General Enos first appeared in Vermont history in March, 1780,
when the town of Enosburgh was granted to him and his associates.
In 1781 he commanded all the Vermont troops in service; but pre-
viousl}' he had been in the continental service, from the opening of the
revolutionary war — accompanied Gen. Arnold in his expedition to Can-
ada, 1775. His residence was in Hartland, Vt., which town he repeat-
edly represented in the legislature, from October, 1782, to 1792. He
died in Colchester, Vt., Oct. 6, 1808, in the 73d year of his age. [See
Rec. Gov. & Coun. Ver., Vol. II, p. 108.]— Eu.

COLLISION IN BORDER TOWNS. 455

with to the Assembly of New Hampshire and in conjunc-
tion with Col^ Ira Allen (already there by appointment of
the Governor) use your endeavours that said Assembly con-
sider and concur in the proposals made to them for settle-
ment of the dispute between the two States relative to
jurisdiction, and agree on measures to prevent hostilities
till an equitable and impartial determination of the said dis-
putes can be obtained.

Elisha Payne, Leu* Gov^

Charlestown, Dec. 21, a d. 178 1.

Letter from Enoch Hale to President Wears respecting meas-
ures for adjusting the boundary lines, ^c.

[p. 307.] Charlestown, December 22'\ 1781.

MUCH Respected Sir —

I have this moment an opportunity by Doct^' Page of pay-
ing my Respects to the General Assembly, but the small
Entilegence I have Received since my Confinement Puts me
under some disadvantage in Righting. The surspention of
opperation on the part of New Hampshire in support of
there Jurisdiction is to me unknown and I Percive that a
further surspention will be Requested on the part of the
People on the New Hampshire Grants which I could not
object to in Case that might be Productive of an honorable
Settlement and the Provention of human blud. I have
urged the Necessity of Jurisdiction on the Part of New
Hampshire at least that it should not be arrested out of our
hands without any Trial or Consent — You will now see by
the dispaches on there Part that a Trial is Proposed
(though in the mean time they chuse to hold the Key) and
in case the General Assembly of New Hampshire shall
consent to such a Trial to com in for the same in Two sep-
erate bodies in the line Proscribed by Confederation for
settleing boundary lines I should Expect a surspention of
those matters and govern myself as the wisdom of the Gen-
eral Assembly may direct — but in case the Proposals on
there Part should appear to the General Assembly of New
Plampsh** to be inadmissable and no Proposals made by our
Assembly should be Complycd with — in such case I Hum-
bly Concive that a surspention of opperation would be at-
tended with bad consequences — as sending out orders and

45 6 NEW HAMPSHIRE GRANTS.

counter orders to the militia would be Productive of a spirit
of slumber in them and weaken the hands of Government —
The wisdom of the General Assembly will direct them —
have ownly to ad that I have been used well as a Prisner
have had the liberty of the yard and they Now begin to
Desier me to Depart out of there Course. I am Sir your
Honoras most obedient Humble Serv^

The Hon^^^ President.

Enoch Hale.

[Cor. p. ii8.] State of New ) In Committee of Safety Exe-
Hampshire j ter Dec'^ 27*^ 1781.

Sir —

By the inclosed Warrant you will see that you are author-
ized to apprehend sundry persons who are therein named
— You will take with you a number not exceeding six or
eight resolute persons on whom you can depend for assist-
ance.

You will make it the first object of your attention to
apprehend Samuel King — the next object with the Commit-
tee is Prentice — You will proceed with proper caution and
make as much dispatch as possible.

It is the earnest request of the Committee that you will
undertake this business.

Josiah Bartlett, Chairm^

P. S. M^* Robert Smith of Londonderry has been sent to
apprehend Esq. Giles of Newport — It is probable he will
call on you if he should you will consult on the matter.

J. B.
Mr Jonathan Martin.

[p. 119.] State of New ) In Committee of Safety Exeter
Hampshire ( Dec^ 27, 1781.

L.S.

To Jonathan Martin of Wilton

Whereas information hath been given to this Committee,

COLLISION IN BORDER TOWNS. 457

that Samuel King, Gentleman, Moses Smith, Yeoman both
of Chesterfield, Isaac Griswold Yeoman of Keen & Nathan-
iel Sartel Prentice of Alstead Esq — all in the County of
Cheshire and State aforesaid have been guilty of sundry
practices inimical to this State — Therefore —

You are hereby required in the Name of the Government
and People of said State forthwith to Apprehend the Bodies
of Samuel King, Moses Smith, Isaac Griswold and Nathan-
iel Sartel Prentice if they may be found within this State
and bring them, as soon as may be before the Committee of
Safety to be examined touching the matters alledged against
them, that they may be dealt with as to justice shall apper-
tain.

And all officers, Civil & Military and other subjects of
this State are hereby required to be aiding & assisting you
in the premises.

Plereof fail not and make return of this Warrant with your
doings thereon

Given under my hand & seal on the day & date above
mentioned.

JosiAH Bartlett — Chairm^.
State of New Hampshire

Rockingham*

Pursuant to the within Warrant I have apprehended the
body of the within named Nathaniel Sartel Prentice Esq.
and Have him before the Committee of Safety for said State
this seventh day of January 1782.

Robert Smith, Special sheriff.

Pursuant to the within Warrant I have apprehended the
body of the within named Samuel King, Gentle' n who was
rescued ; — the others are not found.

Robert Smith, Special sheriff.

* This return is found on file in MS. State Pap., Ver. Controversy,
p. 319.— Ed.

45 S NEW HAMPSHIRE GRANTS.

[p. 120.] State of New ) In Committee of Safety Exeter
Hampshire j Dec'^ 27^^* 1781.

Sir —

By the inclosed Warrant you will see that you are author-
ized to apprehend Benjamin Giles Esq of Newport — You
will take with you one or two persons as assistants if you
think necessary. You will proceed with proper caution and
make as much dispatch as possible.

It is the earnest request of the Committee that you un-
dertake this business.

Mr. Jonathan Martin of Wilton is employed to apprehend
sundry persons in the southerly part of the County of
Cheshire, it may be necessary for you to see him on your
way up, that you may both exert yourselves about the same
time — That no intelligence may be given from either party
wish you would see Mr. Martin as soon as possible, and
you will readily see the necessity of profound secrecy.

JosiAH Bartlett, Chairman.
Mr. Robert Smith.

[p. 121.] State of New ) In Committee of Safety Exeter
Hampshire ] Dec. 2f^ 1781.

L. S.

To Robert Smith of Londonderry.

Whereas Information hath been given to this Committee
that Benjamin Giles Esq. of Newport in the County of
Cheshire and State aforesaid, hath been guilty of sundry
practices inimical to this State, Therefore,

You are hereby required in the Name of the Gov-
ernment and People of said State forthwith to appre-
hend the body of the said Benjamin Giles, if he may be
found within this State and bring him, as soon as may be,
before the Committee of Safety to be examined touching
the matters alledged against him that he may be dealt with
as to justice shall appertain. And all officers Civil & Mili-
tary and other subjects of this State are hereby required to
be aiding and assisting you in the premises.

COLLISION IN BORDER TOWNS. 459

Hereof fail not and make return of this Warrant with your
doings thereon.

Given under my hand & seal on the day and date above
mentioned.

JosiAH Bartlett, Chairm^

Report of Committee of N. H. House of Eepresentatives about
admitting William Page to hail.

[p. 309.] State of New Hampshire

In the House of Representatives, Dec^" 27*^^ 1781.

The Committee to consider what is to be done respecting
Mr. William Page, reported, ** that they have examined the
said William Page and the evidence respecting his conduct,
and it plainly appearing that he has accepted the office of
Sherriff under the usurped authority of Vermont & exercised
the same for a considerable time within the County of
Cheshire, and are of opinion that the said William Page
should be committed to Gaol at Exeter on a mittimus from
some Magistrate within the County of Rockingham to take
his tryal at the next Superior Court to be holden within said
County of Rockingham.

Signed. W^' Langdon,

for the Committee."

Which report being read and considered, Voted that the
same be received & accepted.

Sent up for concurrence

John Langdon, Speaker.

In Council the same day read and Concurred.

E. Thompson, Sec'ry.

[p. 311.] State of ) In the House of Representatives,

New Hamp^" ( Dec'" 2f^\ 1781.

The Committee to consider the propriety of admitting
William Page to bail reported as their opinion, ** that the
said Page be not at present liberated, which is submitted.

Signed. Nich. Gilman, for the Committee."

460 NEW HAMPSHIRE GRANTS.

Which report being read & considered,

Voted that it be received & accepted.

Sent up for concurrence

John Langdon, Speaker.

In Council the same day read and conc'^.

E. Thompson, Sec'y.

State of ) In the House of Representatives, Jan. 4*^,

New Hamp^ ) 1782.

The Committee to consider of the propriety of the Jus-
tices of the Superior Court or the Chief Justice admitting
WilHam Page to bail, reported as their opinion, '' that they
cannot consider of the matters referred to them without
having the said Page before them with all the papers rela-
tive to his commitment, together with an examination into
various circumstances which they conceive to be without
the line of their department ; they therefore further report
that the said Page apply to the Superior Court for his liber-
ation from prison, before whom only the Committee con-
ceive such matters to be cognizable. Which is submitted.

Signed John Wentworth, for the Committee."

Which report being read & considered. Voted, that it be
received & accepted, any former order of this House to the
contrary notwithstanding.

Sent up for concurrence.

John Langdon, Speaker.

In Council the same day read & concurred

Joseph Pearson, D. Sec'^.

Letter from Ira Allen to Josiah Bartlett, requesting a copy
of N. H. Acts and Resolutions, &c.

[p. 313.] Exeter, Dec^ 29^^ 1781.

Sir — As it appears on all sides that Both New Hamp-
shire and Vermont are willing to submit to Congress the
settlement of the Dispute Between the Respective States

COLLISION IN BORDER TOWNS. 46 1

and as the Legislature of Vermont are not Possessed of the
Act or Acts of New Hampshire Referring them matters to
Congress have to Request a Copy of said act or acts to-
gether with a Copy of the Resolution of the Legislature on
the Proposals of the Legislature of Vermont, in October last,
That I may lay them before the Legislature of Vermont at
their session in Jan^ next thereby to facilitate a settlement
at Congress.

I am, Sir, with due Respect

Your Hum^^ Serv*

Ira Allen.
The Hon^^^ Elisha [Josiah] Bartlett, Esq^'.

President.

Joint Letter of Ira Allen and Roger Enos to Josiah

Bartlett.

[p. 315-]

Exeter, Dec. 29*^ 1781.

Sir — You will herewith Receive a Duplicate of our Com-
mission to attend the Gen^ Court of New Hampshire, and,
have to add, that notwithstanding one of our Colleges, Wm.
Page Esq^ being confined in Gaol contrary as we conceive
to the Laws of States or Nations, We are so Desirous of an
accommodation we Ready to Enter on the Business of our
mission.

We are with sentiments of Esteam,

Your Hum^^^ Serv*^

Roger Enos
Ira Allen.

The Hon^i'' Elisha [Josiah] Bartlett, Esq^
President.

Letter from Samuel Livermore to President Weare relating to

u Yermontersy

[p. 317.] Philadelphia, Jan^ i**, 1782.

Dear Sir —

I wish you a happy New Year. Nothing material has
turned up here since my last. I hope to have something

462 NEW HAMPSHIRE GRANTS.

to write by next post. I am anxious to hear the event of
Gen^ Nicholls expedition. The Vermonters are very tur-
bulent about Hudson's River and a strong suspicion of
their being in League with the Brittish — you will hear
more in my next, if bro't to any head in Congress.

Your most Obed* Servant,

Samuel Livermore.
Hon. Presd^ Weare.

Letter from General George WasJii7igton to Gov. Thomas
Chittenden of Vermont. [See ante, p. 227.]

Philadelphia i^* January, 1782.

Sir — I received your favor of the 14^^^ of November, by
Mr. Brownson. You cannot be at a loss to know why I
have not heretofore, and why I cannot now address you in
your public character or answer you in mine : But the con-
fidence which you have been pleased to repose in me, gives
me an opportunity of offering you my sentiments, as an
individual, wishing most ardently to see the peace and
union of his country preserved, and the just rights of the
people of every part of it fully and firmly established.

It is not my business, neither do I think it necessary
now, to discuss the origin of the right of a number of in-
habitants to that tract of Country, formerly distinguished
by the name of the New Hampshire Grants, and now
known by that of Vermont. I will take it for granted that
their right was good, because Congress, by their resolve of
the 7^^^ of August, imply it; and by that of the 21^*, are
willing fully to confirm it, provided the new State is con-
fined to certain described bounds. It appears, therefore,
to me, that the dispute of boundary is the only one that
exists, and that being removed, all further difficulties would
be removed also, and the matter terminated to the satisfac-
tion of all parties. Now I would ask you candidly, whether
the claim of the people of Vermont was not, for a long
time, confined solely, or very nearly, to that tract of coun-
try which is described in the resolve of Congress of the
21^*^ of August last ; and whether, agreeable to the tenor of
your own letter to me, the late extension of your claim
upon New Hampshire and New York, was not more a po-

COLLISION IN BORDER TOWNS. 463

litical manoevre, than one in which you conceived your-
selves justifiable. If my first question be answered in the
affirmative, it certainly bars your new claim. And if my
second be well founded, your end is answered, and you
have nothing to do, but withdraw your jurisdiction to the
confines of vour old limits, and obtain an acknowledgement
of independence and sovereignty, under the resolve of the
21^* of August, for so much territory as does not interfere
with the ancient established bounds of New York, New
Hampshire and Massachusetts. I persuade myself you will
see and acquiesce in the reason, justice, and indeed the
necessity of such a decision.

You must consider, Sir, that the point now in dispute is
of the utmost political importance to the future union and
peace of this great country. The State of Vermont, if ac-
knowledged, will be the first new one admitted into the
confederacy ; and if suffered to encroach upon the ancient
established boundaries of the adjacent ones, will serve as a
precedent for others, which it may hereafter be expedient
to set off, to make the same unjustifiable demands. Thus,
in my private opinion, while it behoves the delegates of the
States now confederated, to do ample justice to a body of
people sufficiently respectable by their numbers, and enti-
tled by other claims to be admitted into that confederation,
it becomes them also to attend to the interests of their con-
stituents, and see, that under the appearance of justice to
one, they do not materially injure the rights of others. I
am apt to think this is the prevailing opinion of Congress,
and that your late extension of claim has, upon the princi-
ple I have above mentioned, rather diminished than in-
creased your friends ; and that, if such extension should
be persisted in, it will be made a common cause, and not
considered as only affecting the rights of those States im-
mediately interested in the loss of territory ; — a loss of too
serious a nature, not to claim the attention of any people.
There is no calamity within the compass of my foresight,
which is more to be dreaded than the necessity of coercion
on the part of Congress ; and consequently every endeav-
our should be used to prevent the execution of so disagree-
able a measure. It must involve the ruin of that State
against which the resentment of the others is pointed.

I will only add a few words upon the subject of the ne-
gotiations, which have been carried on between you and

464 NEW HAMPSHIRE GRANTS.

the enemy in Canada and in New York. I will take it for
granted as you assert it, that they were so far innocent,
that there never was any serious intention of joining Great
Britain in their attempts to subjugate your country ; but it
has had this certain bad tendency — it has served to give
some ground to that delusive opinion of the enemy, and
upon which, they in a great measure, found their hopes of
success ; that they have numerous friends among us, who
only want a proper opportunity to show themselves openly ;
and that internal disputes and feuds will soon break us to
pieces. At the same time the seeds of distrust and jeal-
ousy are scattered among ourselves by a conduct of this
kind. If you are serious in your professions, these will be
additional motives for accepting the terms which have been
offered, (and which appear to me equitable) and thereby
convincing the common enemy, that all their expectations
of disunion are vain, and that they have been worsted at
their own weapon — deception.

As you unbosom yourself to me, I thought I had the
greater right of speaking my sentiments openly and candid-
ly to you. I have done so, and if they should produce the
effect which I most sincerely wish, — that of an honorable
and amicable adjustment of a matter, which if carried to
hostile lengths, may destroy the future happiness of my
country — I shall have attained my end, while the enemy
will be defeated of theirs.

Believe me to be, with great respect,

Sir, your most obedient Servant,

George Washington.
Thomas Chittenden, Esquire.

Reward for talcing Samuel King.

[p. 321.] Advertisement.

Four Hundred Silver Dollars Reward To Any Person or
Persons that Brings Samuel King of Chesterfield to Exiter
in the State of Newhampshier & there Confine Him in
Gaol, or Have Him the said King Before the Committee of
Safety of s'^ State ; As said Sam^ King was taken Prisoner
By Vertue of a Warrant to the Subscriber Derected &

COLLISION IN BORDER TOWNS. 465

Conducted under a Proper Guard Twenty Miles, s<^ King
at the Town of Keen By a Number of Men Armed w^
Clubs Sword & Staves w^ Captains Farebanks, Davis, Pratt,
Pomeroy & Harvie of Chesterfield at their Head & Capt
Carslil of Westmoreland w^ a Small Partie which Parties
Did on the Morning of the first Day of Jan. 1782 By Voia-
lance Ressque the said Samuel King Prisoner from

Robert Smith, Special Sherif.

Mr. Ephraim Witherell — S^" if Posable Aprehend the
Bodies of Isaac Grisold & Mosas Smith & them Bring Be-
fore the Committee of Safety at Exeter & you shall Have
an Adequit Reward from

Rob* Smith ) Special

Jonathan Martin j Shirivs
A Copie.

Letter from Capt. JosepJi Burt to President Weare.

[p. 323.] Honerd Sir —

This moment Two men from Chesterfield who made
their eskape from the mob who after they had Resqued
Sam^ King from the officer Returned to Chesterfield and
aprehended Lieut Roberson and two others who they
seemed Determined to Treet according to the Costom of
Vermont, that is By whiping them, whether they Realey
will venter upon that Bisness is very uncertain to me : But
they have actualy Drivin many of the good subjects of the
State from their Homes in this Coald Night : Mr. Bing-
ham's sone is one of the men that have Come to my hous
for Shelter who I have this account from — who expected
to have found his father here with a Nother man who made
their Escape they have not been here and I am sum con-
cerned for them : the triumps of the Vermonts is grate
and say that New hampshir Dare Not come like men in
the Day time But Like a theaf and Steele a man or two a
way : Your Honor cannot Be insensable of ower situation.
I would Not wish to Dictate But Pray that some thing
may Be Don that shall Be for the Releff of the good sub-
jacts in this Part of the State and for the good of the State.
I thought it my Duty to inform your Hon"^ as it is Not
30

466 NEW HAMPSHIRE GRANTS.

likely that any other Person will Be informed that will
Right to your Hon'^' By the Post :

I am Sir your

Hon^ most obediant

Humbel Serv*

Joseph Burt.
Westmorland January i^*, 1782

at 12 oclark at Night
Hono^' President Ware, Esq'".

N. B. You will Excuse the wrighting Being Calld out
of Bed in a Coald Night.

Letter from Gen. Bellows to President Weare, relating to the
rescue of Samuel King hy a moh,

[p. 325.] Walpole, Jan^ 2^ 1782.

Sir —

I have often troubled you with a Narative of our Dis-
tresses and difficulties in this part of the State, notwith-
standing I presume you, and the rest of the Hon^^^ Com*^^
of Safety will exercise your wonted indulgence while I
o-ive an Account of some new difficulties arising upon the
officers attempting to convey one Samuel King of Chester-
field to Exeter : which Rescous you will have an account of
before this reaches you. Upon the return of the Mob,
after proper refreshment at said King's they sought for all
those Persons, who were any way concerned in assisting
the aforesaid officer, some of which they got into their
hands and have abused in a shameful and barbarous man-
ner bv Striking, Kicking, and all the indignities which
such a Hellish pack can be Guilty of, obliging them to
promise and engage never to appear against the new State
2ig2[.m ; — and this is not all ; they sware they will extirpate
all the adherents to New Hampshire, threatening to Kill,
Burn and Distroy the Persons and Properties of all who op-
pose them ; that the Friends to this State, can not continue
at said Chesterfield with their Families, but are obliged to
seek an Asylum in other Towns among the Hampshire
People. I have two respectable Inhabitants of said Ches-
terfield now sheltering themselves under my roof ; who I
have the Greatest reason to think would be Treated by

COLLISION IN BORDER TOWNS. 46/

them in a barbarous manner were they in their Power, as
they have stove the Doors and Broke up Houses in search
of them. I am credibly informed that there is in said
Chesterfield about an Hundred Persons who support said
King, who Damn New Hampshire and all their authority
[p. 327.] to Hell, and say they (New Hampshire) can do
nothing only in a mean under handed way ; in short, they
Defy all the authority and force of the State, and are
determined to support and maintain their usurped authori-
ty maugre all attempts that have or shall be made to curb
and restrain their usurpations. The wrath of man and the
Raging of the Sea are in Scripture put together, and it is
He alone who can rule the latter and restrain the former.

I hope and trust the Author of Wisdom will direct the
Hon^^® Committee to such measures as will ultimately tend
to the peace and happiness of this part of the State, and
more especially those adherents to New Hampshire who
are in a sense suffering for Righteousness sake.

I am, with all Esteem and respect

Your most Obedient Humble

Serv* Benj^ Bellows.

Hon^^^ Meshech Weare, Esq^

State of New ) In Committee of Safety Exeter 7*^ Jan.
Hampshire. \ 1782.

To the Keeper of the Gaol in Exeter.

[Letters of Com. of Safety, p. 122.]

Whereas Nathaniel Sartel Prentice of Alstead in the
County of Cheshire Esq. has been apprehended on suspi-
cion of being guilty of sundry practices inimical to this
State and brought before this Committee — Upon examina-
tion it appearing that he has, within this State, acted as an
Officer under the pretended and usurped Authority of the
State of Vermont so called, in apprehending and confining
the Sheriff of the County of Cheshire when in the execu-
tion of his Office and other things subversive of the peace
of this & the United States —

468 NEW HAMPSHIRE GRANTS.

You are therefore hereby required in the name of the
Government & People of said State to receive the said
Nath^ Sartel Prentice into your Custody and him safely
keep untill he shall be discharged by the Committee of
Safety or by due Course of Law.

M. We A RE.

[p. 123,] Hampton falls Dec 4*^ i782-[i78i }]

Dear Sir —

I received your favor of the 6"^ of Novem'* ult^ respecting
this State's proportion of the Tax proposed to be raised by
the United States for defraying the charges of the ensuing
year which was immediately laid before the General Assem-
bly then sitting, who are fully convinced that we shall be
taxed greatly beyond our just proportion by the number of
Inhabitants which Congress have taken to settle each State's
Quota and have directed me to write you on the affair,
which I shall do as soon as I can procure the accounts of
the number of Inhabitants in this State which have been
taken or any other matter which may serve to give light in
the affair.

I have also received your favor of the 13*^ ult" in which
you mention that you had heard nothing from Vermont
respecting their Compliance with the Resolutions of Con-
gress. I now inclose you copies of the Proceedings of their
General Assembly at a session which they held at Charles-
town (N^ 4) in October last transmitted to this State. Al-
tho' it is probable that before this reaches you, Congress
will have received copies of the same. By which it appears,
that they are determined to pay no regard to any Resolu-
tions of Congress but to support themselves upon their own
Authority. How far such proceedings will endanger the
peace of all the United States, Congress will judge.

You see they have proposed settling Boundaries between
them and New Hampshire by a Committee which on their
part they have chosen ; But this method our General As-
sembly have rejected, I think with good reason. For should
we comply with that proposal it would be acknowledging
them an Independent State which (I think) we have no
right to do, but is a matter proper for the determination of
Congress only. It would moreover be acknowledging them

COLLISION IN BORDER TOWNS. 469

a State on both sides the River, for as such they now act,
and in that case, upon what principles any boundary Line
could be settled I know not, they may (for any thing I can
see) as well claim the whole of the State as what they now
do, for what they tell about the Grants is a mere Device of
their own without any foundation, for Mason's Patten, you
well know, was a grant of the soil only and had no relation
to Jurisdiction or Government. But their Temper, Disposi-
tion, high handed Proceedings and injurious Treatment of
such Persons, as do not Join with them, and their Contempt
of the Authority of this State will more fully appear by
their proceedings in imprisoning Messrs Bingham & Grandy
as appears by the papers laid before the General Court,
Copies of which, I inclose to you ; Upon considering of
which the General Court ordered CoP Hale the Sheriff of the
County to liberate them from Gaol and what followed in con-
sequence of this going to execute the orders of the General
Assembly. You will learn from Gen^ Bellow's Letter vv^hich
I have just received by Express, Copy of which I likewise
inclose — It is impossible as yet to determine to what length
they will carry matters, and what alarming Consequences
may follow — This State have hitherto, for the sake of main-
taining peace and in hopes of a speedy determination of
Congress forborn, exercising Jurisdiction over those, who
have pretended to join with Vermont; We have not made
distress for Taxes, tho' a great part of the Towns of the
Counties of Cheshire & Grafton have refused paying any
Taxes or contributing to the support of the War, which has
greatly embarrassed our affairs and rendered it extremely
difficult and in some cases impracticable for us to comply
with the Requisitions of Congress — It is now absolutely
necessary for the state to exert our authority to relieve our
Fellow Citizens, distress'd, threatened and dragg'd to Gaol
and to oppose such illegal and altogether unjustifiable pro-
ceedings ; and I cannot doubt but Congress will support us
herein, and grant us such assistance as may at any time, be
necessary for supporting us as one of the United States
agreeable to their Resolutions and Guarantee. — You will
doubtless inform Congress of these proceedings of the Ver-
monters and take their advice respecting our Conduct, we have
submitted the matter to them and Rely on their supporting
us in our just Claims and earnestly request they would make
a final Settlement and Determination in the affair — Shall be

470 NEW HAMPSHIRE GRANTS.

glad to hear from you respecting this matter as speedily as
may be. I am &^.

M. W.

[Probably written to Samuel Livermore. — Ed.]

[p. 130.] Letter from MesJiecJi Wear e to Samuel Livermore.

Hampton Falls, Dec^ 10, 178 1.
Dear Sir —

In my letters of the 4*^^ Inst I gave you some account of
the proceedings of some of the Vermont Officers in impris-
oning Col^ Hale the Sheriff of the County of Cheshire ;
Since which Orders have been given for raising the Militia
to liberate them, what the consequence of this may be, I am
not able now to inform you, perhaps may in my next.

I now inclose you a Copy of a Petition of Capt Eben^"
Green to the General Court with their Vote upon it which
is all the information I can give you of the matter — You
will please to lay them before Congress for their Determina-
tion.

I likewise inclose you a Copy of a Return of the number
of Inhabitants in this State taken by the Selectmen of the
several Towns & Parishes in the year 1775 and Return
made under Oath, except a few Places where for want of
Selectmen or some other impediment or neglect the Returns
were not made the Number of Inhabitants in these places
were estimated from the best information could be obtained
from Persons fully acquainted and capable of judging very
nearly what numbers were in each ; These Numbers are
but few, and the numbers at which they were estimated are
set down in the last Column but one, which makes the whole
Number of Inhabitants at that time 82,200, which from for-
mer accounts and estimates taken as well as from the Integ-
rity of the Persons employ' d to take the account I am fully
satisfied is the extent of the Numbers we then had.

There was an account sent to our Delegates in Congress
in the year 1775 of the number of Inhabitants as near as it
could then be obtained, many tovv^ns had not then made their
Returns, who have since made them, so that, that account
was made more by estimation than that which we now have,
which probably may make some variation between them,

COLLISION IN BORDER TOWNS. 4/1

that I think amounted to about 80,000, and if in settling our
Quota of the Tax, the number of Inhabitants in this State
are supposed to be more at that time than what is contained
in the inclosed Return we shall certainly be so far taxed
beyond our just Proportion. Moreover, as far as I can Judge
from all former estimates and accounts which I have had of
the number of Inhabitants in the different States (if the
Numbers mentioned in your letter, be the Numbers by
which the several Quota's are settled) we shall be much too
high in proportion with other States, if our Numbers are set
at 82000.

And when in addition to this I consider our situation with
respect to the great numbers in the Counties of Cheshire &
Grafton, who under Pretence of joining with Vermont have
hitherto and still do absolutely, Refuse to pay any part of
the Taxes of this State, I think it absolutely impossible
to comply with the Requisitions made by the Financier,
which I received by the last Post, and shall lay before the
General Assembly, who are to convene next week, who
doubtless will deliberate on the matter and come to some
Determination of which you will be informed.

I am &«.

M. Weare.
Sam^ Livermore Esq.

Hampton-falls Jan. 21^^ 1782.
[p. 132.] Dear Sir

By reason of a fall which I met with from my horse I
was prevented from attending the General Court for some
time, On which account Capt Langdon was desired to for-
ward to you a Copy of the vote of the Court for Continu-
ing you a Delegate for this State which I trust you have
received.

I was in hopes Capt Langdon would have set out for
Congress before now, in order to join you and on that ac-
count have omitted writing to you for sometime past, as he
would have been able to give a full account of the situation
of our affairs. But his private affairs not admitting of his
proceeding at present, there are two other Delegates chosen
Mr. John Taylor Gilman and Col^ Walker but neither of

4/2 NEW HAMPSHIRE GRANTS.

them can go forward at present. But I am in hopes that
Capt. Langdon will be able to settle his affairs so that he
may set out for Philadelphia in a short time. We are very
desirous that one of our Delegates should go forward as
soon as may, as it is of great importance not only to this
but (as I apprehend) to all the United States that Congress
should be fully informed of the Conduct of those, who pro-
fess to belong to Vermont, which cannot be so well done by
writing as if some Person were present, who may be able to
give a general Account of it, and Circumstances relative to
it.

In my letter of the lo^^^ of Dec'^' I informed of the Con-
duct in imprisoning Co^ Hale, the Sheriff of Cheshire
County, who was sent by Order of the General Court for
liberating Messrs Bingham & Grandy. Upon information
of their proceedings respecting Col. Hale, Orders were is-
sued for apprehending Mr King, the justice who sign'd
the Mittimus for committing Messrs Bingham & Grandy,
And also for apprehending Messrs Giles and Prentice, who
signed the Mittimus for committing Co^ Hale. King was
taken and bro't part of the way, but a mob was soon raised,
who pursued and Rescued him from the Officer, and after-
ward Shamefully abused many of those who they took to
be friends to New Hampshire by insulting, kicking and
threatening them in such a manner that they could not
think themselves safe in their Habitation but were obliged
to flee elsewhere for protection. One man was struck with
a sword over his head, very badly wounded and narrowly
escaped with his life, and I am inform'd that a mob of twen-
ty men have kept together ever since. Esq Giles has been
twice taken and Rescued.

Upon a Representation of these proceedings of the Mob,
being made to the General Court with Earnest Sollicitations
from the injured persons for Redress, the Court tho't they
were bound in duty to protect the Citizens of the State
from insult, and to support their Officers in the exercise of
the Duties of their respectiv^e Offices and in Order to
this they are driven to the disagreeable Necessity of raising
an armed Force as there was no prospect that any other
measures would be of any avail, they have therefore ordered
1000 men to be raised. On what account they are raised

COLLISION IN BORDER TOWNS. 473

will appear by the Proclamation issued by Order of the
Court, one of which I inclose.

I could not have tho't after the Resolutions which Con-
gress have pass'd relative to these affairs that the Authority
of Vermont would have proceeded so far as not only to
deny the Authority of Congress in the matter (unless they
would please to settle it in the way which Vermont Assem-
bly is pleas'd to point out) But also undertake to sup-
port their pretensions by force of Arms, against Congress
and every body else. Yet this seems to be the purport of
Gov'^" Chittenden and Mr Payne's Letters, Copies of which
I inclose.

The men voted by the General Court for protecting our
Citizens & Magistrates in the execution of their Offices are
not yet raised, and I most ardently wish that something
might be done that might prevent the necessity of their
being rais'd. But nothing I conceive will be sufficient for
this end but the speedy & final Determination of Congress
on the matter, which I doubt not you will endeavour to ob-
tain. I need not inform you how impossible it is for us in
this Situation to comply with the Requisitions of Congress
respecting other matters, or how great Difficulties this
makes in our own affairs, these must appear evident. I
wish to hear from you as speedily and as fully as you can
inform me, what is done or likely to be done respecting
this matter.

I am &^

M. Weare.

Hon^^^ Samuel Livermore Esq.

Letter from Win. Page, in Gaol at Exeter, to ElisJia

Payne.

[p. 329.] Exeter, January 8, 1782.

Dear Sir —

I have requested for liberty to go home but whether I shall
be able to obtain it is uncertain — I am unhappy to find
things in such a distracted scituation, no man whishes to
prevent the present measures more than I do — the minds
of the people in this part of the State are much sowered
against those that have taken up government under the State

474 NEW HAMPSHIRE GRANTS.

of Vermont — what shall I say, — the Gen^ Court are determ-
ined not to listen to any thing but absolute unconditional
submission to the Government of New Hampshire, and
since Col^ King has been taken and been Resqued and sun-
dry letters and Representations from that part which I
suppose are Agrevated, the Gen^ Court have ordered two
Thousand men to be Raised immediately in the Counties of
Rockingham and Strafford & March them to Subjugate the
People in the Counties of Cheshire and Grafton ; I under-
stand that a Proclamation is to be Issued and a Standard
Erected and whoever Refuses to submit to the authority of
New Hampshire to be subjected, should this method be
proceeded What a scene of distress will open on my friends
who appear to me to be inocent and what distress on those
that live in that part which are friends to New Hampshire
for it will be Equilly distressing to both parties. Conten-
tiones of this kind will Ruin Society. I have mentioned to
some of the Assembly that if the Matter could be put off
untill a final determination of Congress could be obtained,
the difficulties might subside, as the Resolution New Hamp-
shire principally depend on is not final, nor sufficient to
dissolve the Engagements we are under to Vermont, and to
Attempt to drive people into Submission under such cir-
cumstances to say no more of it is hard. I wish that feel-
[p. 330.] ings of Humanity, and as much Consideration as
can be consistent with Honour might take place on both
sides. I am sorry to find that all our conduct is miscon-
strued, and our proceedings misrepresented. Who could
have thought that after we had by our delegates informed
Congress that our scituation was such that we could not
dissolve the union with Vermont, and desired Congress to
Recognize the old limits of Vermont and have the lines set-
tled between the two States agreeable to the mode pre-
scribed by the Articles of Confederation for the settlement
of disputes of this Nature, I say, who could have thought
after all this, that it would have been said we had Re-
nounced the authority of Congress : And why Congress
took up the matter and left it undetermined, and ordered
the people to do what was not in their power is to me
unaccountable. I wish I could Express my feelings on the
subject. Are we to be Killed for not understanding a mat-
ter Right, or not doing what was [not ?] in our power to
do —

COLLISION IN BORDER TOWNS. 4/5

In addition to what I mentioned in my last, have to ob-
serve that at the last Sessions of the Assembly of New
Hampshire, the honest deacon Moses Robertson* was down
and motioned to Gen' Folsom and others this plan of set-
tling the dispute between Vermont and Hampshire or
Rather to carry into Execution the Plan proposed by the
legislature : if you, said he, will appoint a Number of men
to joyn a Number we shall chuse to settle the line between
us, I will engage our men shall give it in your favor — and
[p. 331.] you know who to Appoint; we never had it in
view to take the East side of the River only to get Rid of
them the first opportunity — who can Justify such conduct
(you know this is not the sentiments of the people) I fear the
sending the Troops will prevent the method being pro-
cured to our advantage as hinted at in last letter by Gen^
Enos.

I am, Sir, your most Obed* Servant

Wm. Page.

P. S. The whole State of New Hampshire are to hold
themselves in Readiness to march if Required.

His Honor

Gov^ Payne, Esq^

Resolve to send an armed force to the Western part of the

State.

[P- 333-] State of ) In the House of Representatives,

New Hamp'^ \ Jan^ 8"\ 1782.

The Committee of the whole, reported as their opinion,
'' that an armed Force be immediately raised and sent into
the western part of this State for the defence and protec-
tion of the Inhabitants there, and to enable the civil officers
to exercise their authority in that Quarter : That the said
armed force consist of one thousand men, including officers ;
That a Proclamation! be issued & forwarded to the several

*Dea. Moses Robinson was of Bennington, Vt., hokling many offices
of honor and trust, both in the town and state. He was at one time
governor. (See biog. notice of him in Vol. I, Gov. & Coun. Rec. Ver.,
p. 128.) — Ed.

t The editor has searched in vain for a copy of the proclamation,
which no doubt was issued at this time. — Ed.

476 NEW HAMPSHIRE GRANTS.

Towns & places in the Western parts of this State, setting
forth the reasons for raising said armed force, & that Wood-
bury Langdon Esq^' or some other Delegate be immediately
sent on to Congress to make a true representation of our
present proceedings."

The foregoing report having been read & considered
Voted, That the same be received & accepted.

Sent up for concurrence.

John Dudley, Speaker, P. T.

In Council the same day read and Concurred,

E. Thompson, Sec^.

Proportion of meii to be raised, as an armed forxe to be se?it
to the zvestern part of tJie State.

[See Vol. VIII, State Pap. N. H., p. 926.]

In the House of Representatives, Thursday, Jan^ 10, 1782.

Vote to accept the report of the Committee on projDor-
tioning the men to be sent to the western part of the State :
to wit. *' That the men already voted for that service, shall
be raised by draught or otherwise out of the following Reg-
iments, (viz.) Col^ Wentworth's, Col^ Evans', Col*^ Moulton's,
Col« Oilman's, Col« Gale's, CoP McClary's, Col« Stickney's,
Col« John Webster's, Col« Bell's, Col'^ Lovewell's, Col^ Kel-
ley's & Col*^ Enoch Hale's — to be apportioned by the Maj.
Gen^ of the Militia according to the numbers in each Regi-
ment, including the alarm list ; That they be formed into
two Regiments, each Regiment to be commanded by two
Field officers, viz. one Colonel or Lieutenant Colonel, and
one Major; that each Regiment consist of six companies, to
be commanded by one captain, one Lieutenant & one En-
sign, & a suitable proportion of non-commissioned officers ;
That the whole be commanded by a General officer ; That
a suitable person be appointed to purchase or collect pro-
visions for the supply of the Troops, & that those Towns in
the westerly part of the [State] that shall supply any pro-
visions, shall be allowed for the same out of their outstand-
ing Taxes, or the Tax for the currrent year ; That the pay

COLLISION IN BORDER TOWNS. 4//

and rations be the same as are allowed the officers & soldiers
in the service of the United States."

Sign'd

John McClary.

The same da}', Jan. lo, 1782, a vote was passed for raising men to
guard the western and northern frontiers, to wit : — Ed.

[State Pap. N. H., Vol. VIII, p. 927.]

Voted That Col^ Charles Johnston be impowered to raise
twelve men as a scouting party ; That the place of Rendez-
vous be at Haverhill, and that he be desired to call on the
Town of Haverhill for supplies for the men ; and that Col.
David Page, to raise twelve men as a scouting party for
Shelburne and the Upper Coos, & that he be desired to
call on the Town of Conway or any other Towns in that
quarter for supplies for the men ; That each of said scouts
be officered with one Sargeant ; That the officers and men
have the same pay and rations as in the Continental army —
their pay to commence from the time they enter on actual
service, and to be discharged the tenth day of April next :
the said men at Haverhill to be under the direction of Col<^
Charles Johnston : Those men for Shelburne & Co'os to be
under the direction of Col^ David Page.* Signed — John
McClary for the Com*®^.

[MS. Journ. of the House of Rep., pp. 224-227.]

[Col. Israel Morey, as it appears, neglecting his duty as
commander of his Regiment, upon report of a Committee —
(see MS. Journal of the House, Jan. ii, 1782) it was Voted,
** That Lieut. Col. Charles Johnston be directed to take the
command of Said Regiment until further order of the Gen-
eral Court."

On the same day, it was voted, That the Hon^'^"^ Maj'^ Gen.
John Sullivan be appointed commander of the Forces now
to be sent to the western part of the State : That Lieut
Col. Daniel Runnels take the command as Colonel of one of
the said Regiments ; That Lieut. CoP Thomas Bartlett, take

* Col. Johnston resided at Haverhill, and Col. Page at Conway.
—Ed.

478 NEW HAMPSHIRE GRANTS.

the command as Colonel of one of the said Regiments ; That
Maj^" George Gains be a Major, and that Maj'^ Samuel
McConnell be Major of one of said Regiments.*

On the 17*^^ of January, it was Voted, That the whole
matter of sending an armed force into the western parts of
the State, be referred *' to the Committee of Safety, and that
they be impowered to raise & march them at such time as
they shall think proper."]

Letter from Samuel Livermore in Congress to President Weare.

[p. 337.] Philadelphia, Jan^ 8^^ 1782.

Dear Sir

Nothing material has occurred since my last. Congress
are come to no determination concerning Vermont. They
are much divided in opinion about the Steps that ought to
be taken. However the Committee on that subject have
at last reported. The substance of the report is adapted to
carry into execution the Resolution of the 20^^ of Aug^^
last ; by giving Vermont an opportunity to revise their do-
ings in Oct'' and renouncing their late acquired jurisdiction
on the east of the river, &c. 'Tis proposed to send a com-
missioner from Congress to treat with them & to explain
matters : and to denounce terror in case of their not com-
plying. Whether this report will be accepted is uncertain ;
and the effect on the Vermonters is alike uncertain.

The report is to be taken up soon. I am Very Anxious
about the event of this matter.

I am Dear Sir your friend and most
obed* servant

Samuel Livermore.
Hon. Meshech Weare.

* It does not appear that the forces contemplated were ever called
into actual service. — Ed.

COLLISION IN BORDER TOWNS. 4/9

Letter from P reside Jit Weave to Saimiel Livermore, Esq.

[From MS. letters in Library of N. H. Hist. Soc]

Hampton Falls, Jan^ 29, 1782.
Dear Sir,

I received your favors of the i®* and 8*^ Instant by the
last Post. I am glad that Congress have the affairs of Ver-
mont under consideration. I hope the matter will be pur-
sued until a final settlement is made. I think the honor of
Congress, the interest of the United States as well as the
peace of this State in particular call for the final resolution
of Congress on this matter. The conduct of the Vermont-
ers is astonishing to me : that when Congress had given
them so fair a prospect of being made a separate state and
received into the Union upon their renouncing all claim
east of Connecticut river, that they should reject this pro-
posal and wholly deny the authority of Congress in the
matter, for the sake of keeping up a claim East of the
River, for which they have not a shadow of foundation.
How far the British councils may influence them in this
matter I will not pretend to say, but there is no doubt but
they have been negotiating with the Britons on some plan
or other. Mr. Allen was twice at Canada and once at New
York last Summer as I am well informed. I doubt not but
Congress will make full inquiry respecting their conduct
and come to a final determination. I have heard nothing
respecting their conduct since my letter by last Post.
Probably may give you some further account in my next.

I am with much respect

Y^ Hum^ Serv*.

M. Weare.

Letter from Gejteral Bellozvs to MesJiech Weare ^ relating to
Doct. Wm. Pages release.

[P- 339-] Walpole, Jan^ lo*^ 1782.

Sir —

I was informed by General Enos on his return from Exe-
ter, that it was probable Doc"* Page would be allowed to re-
turn in a short time, and further, he recommended to the
Inferior Court of Common Pleas, siting at Charlestown, to
Write the Hon^^® Assembly or Committee of Safety, advise

480 NEW HAMPSHIRE GRANTS.

them to allow it so to be, supposing it would have a good
effect respecting our disturbances ; what the sentiments of
the Court may be, I cannot certainly say, but I can say, I
imagine it would have a different effect. I take it to be
good policy, that in order to suppress Insurrections, the
Leaders of the insurgents are to be apprehended and kept
from the mob if Possible. I am very far from wishing ill
to the Doc'", desiring his being kept from his Family and
friends any otherwise than for the Public peace and Tran-
quility ; the mob want nothing but a leader, to cause them
to perpetrate the most shocking outrages ; the apprehend-
ing some of the Commanders and the attempts upon others,
have had no bad effect ; the people seem cooler and more
fearful — to this it is owing in my opinion that the Court
hath set peaceably and done business at this Term in this
County. One Court of Common Pleas is sufficient for this
County, consequently one Sheriff. Should the Doc^' be
Liberated, undoubtedly there will be an attempt in Febru-
ary to hold a Vermont Court at Charlestown, which would
be attended with bad consequences : it would Destroy the
good we experience, and prevent the Further advantage we
expect from the late spirited measures of the authority of
this State. The Sheriff took Esq'^' Giles about ten days
[p. 341.] since, but was rescued. The Sheriff is this day
in pursuit of him again.

I am with esteem Your Honor's most
Obedient Hum'"^'^ Serv*.

Benj^ Bellows.
Hon^^^ Meshech Weare.

Letter from Col. Ejtoch Hale to Meshech Weare, relating to
the rescue of Esquire Giles, and his own seizure by the
mob.

[P- 343-] Walpole, January y® ii"\ 1782.

Sir —

I once more venture to Trouble your Hon'' with a few
Lines as I think it to be my duty to Give the earliest Intel-
igence in my Power of the conduct of the People in our
unhappy County. Sir, as General Bellows has Rote I
shall omit many things that I should otherwise have men-

COLLISION IN BORDER TOWNS. 48 1

tioned. Could ownly wish to mention the Particular Cir-
cumstances of Esquire Giles being Resqued from me a
Second Time — and to give the true character of the In-
habitants of the Town of Charlestown, where we are under
the disagreeable Necessaty of Holding Two Courts in a
year without the least help from them or any Town in that
Quarter, respecting Jurors &c. and have to undergo the
further mortifycation of well Known Combinations Consult-
ing the overthrough of our Courts and the Imprisonment
of the officers of the same. But any further on that head
I forbear.

Sir, I have had great oppertunity of hearing the People
in that part of the County finding fault with every move-
ment of our General Assembly — when they thought the
militia was coming out, they said, Why should the People
all suffer for the Rash Conduct of some of there Civil offi-
cers, and seamed to condemn the measures they had taken —
but, when the Assembly seamed to comply with their own
wishes they must still find fault and said, Why do they
make night work of it, let them com like men by day light
and they would not met with any dificulty — but still I find
what dont sute the will can never sute there hand. It hapned
on the Tenth Instant that I took Esquire Giles about
twelve miles up the River and Brought him down to
Charlestown in open day light, and on my arrival Just at
Evening the People collected and arrested him out of my
hands in a most extroydinary manner and all deaf to my
commands for assistance, notwithstanding many ware
Present that had been our Pretended frinds. They son
[p. 344.] after held a Consultation for Taking and Carry-
ing me to Bennington, but fearing that would not so well
sute, they sent me their Judas to advise me as a frind to
make my escape immediately to avoid Going to Benning-
ton. I gave for an Answer that if that was their intention
I would Tarry all night. But in the morning I had a
second mesage that they would be Ready for me in half an
hower. I gave for Answer that that would be time enough
for me to take breakfast, which I then called for — and after
breakfast I had another mesage that if I did not make my
Escape they would Catch me before I got three miles, for
w^hich he should be very sorry. I gave for answer that
I should have the less way to come back — but if I was not
molisted I ment to set out for hom soon, but finding that

482 NEW HAMPSHIRE GRANTS.

all their stratigems would not Prevent my Taking breakfast
and leaving the Town in an open and Publick manner, they
then Rallied all their forces that was Near at hand to the
amount of about forty men and a Pretended deputy Sheriff
at their head ; but for a frunt Gard they Raised some of
their most abelist women and sent forward with some men
dressed in Womens apparril which had the Good luck to take
me Prisnor, put me aboard one of their slays and filled the
same with some of their principal women and drove off Nine
miles to Williams Tavern in Warlpole, the main body fol-
lowing after with aclimations of Joy — where they Regailed
themselves and then set me at liberty Nothing doubting but
that they had intirely subdued New Hampshire.

Sir, you will pardon me for Righting this Extroydinary
letter ; I should not have don it had I not been desierous
that plane Facts of there conduct might be Known. Some
go in fear, and all good subjects of New Hampshire Grone
under the burthen ; it has become a serious matter and a
Remedy much wanted — and in full beliefe that the wisdom
of the General Assembly will be surficient to direct them I
Rest Assured and Remain your Hon^'^ most

Obedient and most Hum^^ Servant

Enoch Hale.

Hon^'^ Meshach Weare, Esq^

AnotJier Lette7' from Col. Enoch Hale.

[P- 345-] Marlborough, January y® I2*^ 1782.

Sir

I am now returning hom To see my family which I have
not seen since the 26*^ of Nov^. I may not Expect to
Tarry long with them as the outrages in our unhappy
County increase with so much Rippidity — I am willing
however to spend the Remaining Part of the winter in the
Servis of my Country if I might be able in any degree to
Releave the distressed among us.

Sir, I had forgott in my letter of the 1 1*^ Instant to
inform your Hon^" that I Never Received any order from
the Hon^^® Committee of Safety as mentioned in the Act
of the General Assembly of the Twenty Eighth of Novem-
ber last past, which has been a great hinderance in my

COLLISION IN BORDER TOWNS. 483

Progress, for after outrages had been committed I might
have secured several of the Perpitrators of the same, had
all our good subjects been fully convinced that my author-
ity had been surficient, which I think would had a very
Great Tendency to Check those that have been so fon
of Resquein Prisnors.

I am Sir with much Respect

Your Honour^ most Obed* Hum^^® Servant

Enoch Hale.
Hon^^^ Meshach Weare Esq^

Petition of sundry inJiabitants of Clareniojit, praying for
speedy relief from diffictdiies of Vermont interference.

[p. 347.] To the Honorable General Assembly or Commit-
tee of Safety for the State of New Hampshire :

We, the Inhabitants, as individuals, of the Town of Clare-
mont Laboring under great Difficulties on account of the
pretended claim of Vermont, & not being able to Hold
Town meetings under New Hampshire, we Humbly Request
Directions how to proceed, as we are threatned in person &
property, by their taxes and Laws, which we utterly refuse
to submit too, they carry so High a hand that we must have
a speedy relief or must submit to their Jurisdiction which
will be very grievous to your petitioners and therefore w^e
Humbly pray for a speedy answer. We are short in words
& perticulars as being sensible you are in some measure
knowing to our circumstances, & we your petitioners in
Duty Bound shall ever pray.

Claremont, Jan^ 14, 1782.

Elihu Everts Josiah Stevens

Henery Stevens Elihu Stevens

Rosewell Stevens T. Sterne

Reuben Petty Jesse Matthews

Josiah Rich Thomas Jones

John Peckens Joseph Ives

Wm. Strobridge Bartlitt Hinds

Gideon Lewis John West.
David Rich

484 NEW HAMPSHIRE GRANTS.

Letter from Samuel Livermore to President Weare.

[p. 351.] Philadelphia, 26^^ March, 1782.

Dear Sir —

I have rec*^ your favour of the 12*^^ instant informing me
that Vermont had receded from their late encroachments.
[See next note by the editor.] I had heard this frequently
by common report ; but there is no official account of it in
Congress. The Com^^*^ upon your letter about the 5 million
dollers & quota of the 8 million have made a report plumply
against us.

I have got a day assigned for debate which is next Mon-
day. As I suppose we shall soon hear from Vermont in a
manner that will end that tedious business, I hope to see
you in May. There is no news from Charlestown since my
last. Gen. Washington is gone to North river.

I have the honour to be your

most obedient Servant,

Samuel Livermore.
j^Qj^we President Weare.

From the same.

[p. 353.] " Philad^ 26*^ March 1782.

Dear Sir — I am this moment desired to send you the
enclosed which will speak for itself. My letters being sealed
& sent to the office.*

Your most obed* serv*

Samuel Livermore.

Hon. Pres* Weare.

Note by the Editor.

The action of Vermont, referred to in the foregoing letter from Mr.
Livermore, is fully reported in the Rec. of Gov. and Coun. of Vermont,
Vol. II, pp. 379-383, and in Slade's State Papers, pp. 168, 169, — from
which it appears that, on the 19th of February, 1782, the General As-
sembly of Vermont, in session at Bennington, resolved itself into a

♦What the *' enclosed" paper referred to does not appear. — Ed.

COLLISION IN BORDER TOWNS. 485

committee of the whole to take into consideration the action of Con-
gress of the 7th and 20th of August last, His Excellency Gov. Chitten-
den in the chair ; that then letters were read relating to the matters in
controversy, and particularly the letter from Gen. Washington of Janu-
ary I, 1782 [see ante, p. 462], which evidently had much influence with
the whole body. On the 20th inst. the committee adopted the follow-
ing resolution, viz. :

'-'Resolved, That in the opinion of this Committee, Congress, in
their resolutions of the 7'^ and 20'^^ of August last, in guaranteeing to
the respective states of New York and New Hampshire all territory
without certain limits therein expressed, have eventually determined
the boundaries of this State."

This resolution being accepted and adopted by the assembly, then,
on the 22d inst., an act was passed " to relinquish the claims to territo-
ries therein mentioned ; " and on the 23d it was

'■''Resolved, That the west bank of Connecticut River & a line begin-
ning at the northwest corner of the Massachusetts State, from thence
northward twenty miles east of Hudson's river, as specified in the Reso-
lutions of August last, shall be considered as the east and west bound-
aries of this State, and that this Assembly do hereby relinquish all
claim and demand to and right of Jurisdiction in and over any and
every district of territory without said boundary lines ; and that authen-
ticated copies of this Resolution be forthwith officially transmitted to
Congress and the States of New Hampshire and New York respec-
tively."

This relinquishment of jurisdiction virtually ended the controversy
between New Hampshire and Vermont, so far as related to boundaries ;
but still, as Dr. Belknap said in his history, — "Though cut off from
their connexion with Vermont, the revolted towns did not at once re-
turn to a state of peace : but the divisions and animosities which had
so long subsisted, continued to produce disagreeable effects."

486 NEW HAMPSHIRE GRANTS.

SECTION XIII.

Border towns unsettled.

Resokitions of Committees of the Towns of Newbury y More-
town, Norwich, Hartford, &c.

[P- 355-] I^ pursuance of Votes passed and instructions
given by the Towns of Newbury, Moretown, Norwich and
Hartford lying on the N. Hampshire Grants so called west
of Connecticut River, proposing to take some measures to
be informed of the honorable Gen^ Court of New Hampshire,
whether a union of the territory aforesaid can be effected
with the State of N. Hampshire, in consequence of their
claim over the same, on terms honorable and mutually bene-
ficial— and appointing Committees from those several Towns
to meet at Thetford in order further to consult on the sub-
ject and gain information therein, in such way and manner
as may appear most adviseable :

The said Committees being convened in consequence of
the votes and instructions aforesaid — after mature delibera-
tion came to the following Resolutions.

Resolved, That it evidently appears to be the wish and
desire of the inhabitants of the towns above named as by
their said votes and instructions is expressed, and also by
good information it appears to be the desire of several other
towns who have not had opportunity to be represented at this
time — that the territory aforesaid or part thereof should be
united with the State of N. Hampshire & be under its juris-
diction, provided it can be done on terms that may be hon-
orable and mutually advantageous ; — And that we therefore
think it our duty to enquire of the said General Court of N.
Hampshire whether agreable to their claim aforesaid, the
territory or Grants above mentioned or part thereof may on
such terms be united with & become a part of that State ;

BORDER TOWNS UNSETTLED. 48/

and that we imagine such an union might be formed to the
general benefit, well-being and interest of the whole :

Resolved, that if the hon. Gen^ Court of N. Hampshire are
disposed or desirous to extend jurisdiction over the territory-
aforesaid or a part thereof, — they be earnestly requested to
signify their disposition therefor to the several towns in
their said claim as soon as conveniently may be ; and also
manifest their ideas respecting judicial and other proceed-
ings under the authority of Vermont — cases now pending in
[P- 35^-] Courts &c. ; — and if a reasonable adjustment of
these last mentioned and other necessary matters can take
place, we have full reason to believe and assert that the
greater part of the inhabitants in said territory would readily
acknowledge the authority of N. Hampshire; — expecting
doubtless at the same time that some direction or assistance
will be afforded in guarding the frontiers :

And whereas a negotiation or correspondence has been
evidently — and from many circumstances we suspect is still
carrying on — by persons in high office in Vermont with the
british officers and Government, greatly prejudicial to the
cause of America, and destructive of the final welfare of this
country — whereby there is the utmost reason to fear and
believe that many persons who are disposed and doubt-
less do harbour and give intelligence to our enemies, cannot
be bro't to public justice under our present situation, — and
other accumulated evils consequential thereto cannot now
be remidied —

Therefore Resolved, That the Court of N. Hampshire be
requested to order a number of troops to the defence of the
frontiers — it being from many circumstances apparent that
unless relief and assistance be speedily afforded from some
quarter, the situation of these frontiers will be truly deplor-
able.

Resolved, That the following memorial be transmitted to
and laid before the hon. Gen^ Court of N. Hampshire to-
gether with these Resolutions, and that Abel Curtis Esquire*

* Abel Curtis, Esq., resided in Norwich ; was a member of the Ver-
mont Assembly in October, 1778, 1781, and 1782; was associated with
Hon. Elisha Payne, Jonas Fay, and Ira Allen as an agent to Congress
to solicit the recognition of the independence of Vermont, &c., 1782.
He was judge of the Windsor county court in 1782-3. — Ed.

488 NEW HAMPSHIRE GRANTS.

be appointed agent to wait on that honorable Court with the
same ; — And that said Agent be desired and impowered to
make or receive such further proposals agreeable to the tenor
hereof as may then be judged beneficial and expedient.

MEMORIAL.

[p. 357.] To the honorable general Court of New Hamp-
shire to be convened at Concord in and for
said State on the second Tuesday in June
next, the Committees aforesaid in the name
and behalf of the Towns above named, beg
leave to represent : —

That the Grantees and occupants of the greater part of
the lands in the territory aforesaid were possessed of titles
from the Governor of New Hampshire and in expectation
of having continued under the jurisdiction of that Govern-
ment.

That the people in said territory were very unexpectedly
and disagreably involved in difficulties and calamities by
being annexed to New York by the royal edict in the year
1764 — out of which they ever were desirous & endeavored
to extricate themselves — but without success, until after
the memorable american revolution — when for their mu-
tual benefit and protection against the efforts of internal and
external foes — they were impelled by necessity to form into
a separate jurisdiction.

That necessity and necessity only induced the inhabit-
ants of the Towns above mentioned and many others to
unite and continue under the new government — Being un-
justly deprived of that jurisdiction and protection from N.
Hampshire which they had a right to expect and enjoy.
And while they have esteemed the Congress of the United
States to be the guardians of the rights of a numerous &
free people, and have been ready to stand forth in defence
and support of the cause of America — they have for a long
while looked to them for a settlement of our unhappy dis-
putes, but hitherto to no purpose :

That while on the one hand we view with keenest anxi-
ety a negotiation on foot with the british greatly to the
detriment of the public cause and tending to our final ruin,

BORDER TOWNS UNSETTLED. 489

without a speedy remidy — which we are not at present in
a capacity to obtain or afford — on the other hand we may
view our rights violated in the most flagrant manner and
[p. 358.] our liberties trampled upon by a number without
rebuke or remorse — And therefore unless a number of men
be raised or afforded for the defence of these frontiers, we
must view their situation to be indeed very distressed and
unhappy.

That altho' we would not wish to involve ourselves under
greater disadvantages to obtain relief from our present
troubles, Ave think it our duty nevertheless to inquire
whether the jurisdiction of New Hampshire may not be as
real as its claim, and whether the territory aforesaid may
not be speedily united with and become a part of that State
on such principles as may be honorable, mutually beneficial
& advantageous to the whole — Being persuaded that the
said territory on account of its fertility &c. may greatly
add to the wealth and resources of New Hampshire.

The Committees aforesaid therefore beg that your hon-
ors would take the several matters herein before suggested
into your wise consideration and rest assured you will
pursue such measures thereupon as will eventually prove
for the best good of New Hampshire and the territory
aforesaid, whose interest ought doubtless to be inseperable.

Signed by order and in behalf of the Committees afore-
said, this thirty-first day of May in the year of our Lord
seventeen hundred and eighty-two, and in the sixth year of
American Independence.

BiLDAD Andros,* Chairman.

Note.
[Upon the application of the five towns above named, action was
taken by the General Assembly, as follows : — Ed.]

[State Papers N. H., Vol. VIII, pp. 943, 944.]

Journal of the House, June 21, 1782.

Upon reading a representation from the Towns of New-

* BiLDAD Andros was a physician residing in Moretown, now Brad-
ford, Vt. ; he was a member of the convention at Windsor, 1777-8, that
formed tlie first constitution of Vermont. See Rec. Gov. and Coun.,
Vt., vol. I, pp. 54, 55> 63.— Ed.

490 NEW HAMPSHIRE GRANTS.

bury, Moretown, Norwich and Hartford lying on the West
side of Connecticut River as expressing their desire to be
under the Jurisdiction of New Hampshire, in case they
could be received upon such terms as were honourable &
mutually advantageous, and also intimating that it would
probably be agreeable to the Inhabitants of that part of
the territory of Vermont that is situated to the Eastward of
the heighth of Land, to join New Hampshire on the same
terms :

Resolved, That although this State suppose they have a
just title to the Territory called Vermont, which has long
been controverted between this and the State of New York,
Nevertheless, for the sake of peace and a good harmony
with said State of New York, and to accommodate the said
inhabitants east of the said heighth of land, this State is
willing to extend their Jurisdiction over that part of the
Territory called Vermont, that lays East of the said heighth
of Land, provided the generality of the Inhabitants thereof
shall desire it : Provided also, that New York will settle a
Boundary line upon the said heighth of Land ; and also,
that in such case, this State will do whatever may be found
useful & reasonable to be done towards establishing the pro-
ceedings of said District under the authority of Vermont,
and also will afford them such protection against the com-
mon enemy, as the nature of the case will admit ; and that
the President be desired to inform the State of New York
of our proceedings herein and desire their sentiments re-
specting the same. [Concurred by the Council.]

Letter from President Weare to Gov. Clinton of Nezv Yoi^k,
relating to the foregoing Memorial.

[Gov. and Coiin. Rec. Ver., App. B, Vol. Ill, p. 286.]

Hampton Falls, July 2^' iyS2.
Sir —

I have the honor of Inclosing to your Excellency a Re-
solve of the General Assembly of the State of New Hamp-
shire pass'd in Consequence of a Representation from sun-
dry Towns on the west side of Connecticut River.

Your Excellency is not Unacquainted with the many
difficulties which have Arisen, both to this State and the

BORDER TOWNS UNSETTLED. 49 1

State of New York, by reason of the claim of Vermont so
called, which matters have been submitted to the determin-
ation of Congress : But there does not at present appear a
prospect of a Speedy Determination of Congress respecting
the Matter. It is represented, that an Agreement between
the States of New York and New Hampshire, respecting the
Boundaries, might probably tend to bring the matter to an
issue, and that the people in general between Connecticut
River and the height of land, would be better satisfied to
belong to New Hampshire than to Vermont, if Vermont
could be made a seperate State. What the disposition of
the people on the west side of the height of land may be, I
am not able to say. If these difficulties could be settled to
general Satisfaction, it would be happy. I am to request,
Sir, that you would take the mind of your Legislature Re-
specting the Matter, and favor me with the result of their
deliberations thereon, as soon as may be.

I have the honor to be with much Esteem and
Respect y^ most Ob* & Hum^^ serv*.

Meshech Weare.
His Excellency Governor Clinton.

Letter from Thomas Sparhazvk and Benjamin Bcllozus, re-
lating to affairs in CJieshire Connty.

[P- 359-] To the Hon^'^*^ Committee of Safety for the
State of New Hampshire :

Gentlemen — It is with great concern we behold the
spirit of opposition to the authority and measures of this
State advancing with horrid strides within this County, —
which is apparent from the conversation and conduct of too
many in every Town. The friends of Great Britain have
taken unwearied pains to seduce the common People from
their allegiance, and herein have been too successful ; and
it is morally impossible to convince the People of their
danger. The idea of the Tyranny of New Hampshire is
immovably fixed. The General Assembly, the Compilers of
the Constitution, and the Executive authority have com-
bined together to enslave the People, of which, they say,
they are fully apprized and are resolved to free themselves

492 NEW HAMPSHIRE GRANTS.

from the shackles. They are determined to raise no men
nor pay any Taxes for carrying on the war ; this is a burden
they cannot and will not bear ; they have raised too much
already for the great ones to pocket &c. a particular detail
of conversation of this kind would fill a volume ; a general
run whereof you are not unacquainted with — shall not there-
fore trouble you with any more of it. We have great reason
to think that coercive measures must be used in some if not
in most of the Towns in this County to collect the Taxes.
We were informed yesterday by two persons from West-
moreland that two thirds of that Town are against paying
the Tax, and that Capt. Daniel How who hath done much
heretofore in the common cause now declares openly for the
King of Briton and his Government, and thus it is in almost
every place, there are persons of similar sentiments, Ches-
[p. 360.] terfieid, Richmond, Claremont, Cornish, Plainfield
and Croydon pay no Taxes. The Collector of Beef Cattle
hath agreeable to his orders notified the Towns of his ap-
pointment, and of the time and places of his and his Depu-
ties attending to receive Cattle ; some Towns have nearly
completed their first payment, and why those above men-
tioned which most of them are wealthier, have done nothing,
cannot be conceived, unless upon the foregoing Principles
of not paying any Taxes at all. Upon the whole we think
from the temper and disposition of too many of the People
in this part of the State, troublous times are approaching —
which may Heaven avert ; — and you and all who are intrust-
ed with our publick concerns be directed in the way to shun
and ward off impending dangers.

A question arises amongst the People who are willing to
pay their Taxes, whether Beef shall be received at three
pence per pound for the first payment of the Tax ? Upon
which the Collector and many others would be glad of your
opinion; some people also are desirous that the collector may
be impowered to exchange Cattle wh''^^ are returned to him
(whereof many are not fit to Kill) for those which are ; and
it appears to us, that such a method in man}^ instances
might be beneficial to individuals, and not injurious to the
State ; — but this is submitted to your better judgment.

We have seen a letter signed by His Excellency Meshech
Weare Esq. to Mr. Jenison, wherein Jenison is at least im-
peached of male conduct in his office of Collector of Beef

BORDER TOWNS UNSETTLED. 493

Cattle. Mr. Jenison's integrity and uprightness was never
called in question, and we are humbly of the opinion ought not
now : we believe that in his late appointment he hath (as he
always did upon all occasions heretofore) exerted himself for
the best interest of this and the United States. He and his
Deputies may have given receipts for cattle dated a day or
two later than the fifteenth of July, yet not with a view of
helping himself or his friend, or of injuring the State ; but
because he could not accomplish the business of apprising,
receipting, &c. upon the very day pointed out in his order.
We know he hath turned away cattle to the great displeas-
ure of those who offered them, and we are not in the least
apprehensive that he would knowingly in the smallest degree
swerve from the intent and meaning of his Instructions &
orders which he shall from time to time receive.

Wishing you, this State, & the United States prosperity,
and freedom from popular Tyranny and oppression. We sub-
scribe ourselves, your obedient Humble servants.

Tho^ Sparhawk
Benj^ Bellows.
Walpole, July 30^^ 1782.

Letter from Doct. William Page to President We are.

[p. 363.] Sir, Charlestown, July 31** 1782.

Your Honor doubtless remembers I stand recognized to
appear before the Superior Court to be holden at Exeter in
Sept^ next for accepting an office under the Authority of
Vermont. I wish to be discharged from the trial and beg
your Honor to lay the matter before the Committee of Safety
and take their opinion on the subject. Should they judge I
ought to be holden to trial, I pray for the liberty of trial in this
County, for which I should have apply'd to the Assembly at
their last Sessions, had I not been confident that as the
jurisdiction was given up by Vermont and the people re-
turned to' New Haaipshire, the Assembly would have pass'd
an Act of Indemnity or at least Repealed that act that sub-
jects persons here to Trial in any County in the State.
Should the Committee not grant my request, I wish - the
matter might be postponed, if it can be done without my
appearing, & I not forfeit my Bonds, untill I have time to

494 NEW HAMPSHIRE GRANTS.

lay it before the Assembly. Why I should be subject to a
trial in a case where many others under like circumstances
are taken no Notice of, cannot conceive. I pray for an
answer by CoP Hunt.

And am sir Your Honors
Most H^^ Servant

William Page.
Hon^'^ Meshech Weare, Esq^
President of Com*®^ of Safety,
N. Hampshire.

Request of the Selectmen of Newbury that the jurisdiction of
New Hampshire may be extended over said town.

[P- 365-] Newbury, November 7^^ 1782.

Whereas applycation was made to the State of New hamp-
shire at their sessions at Concord In June last by Mr. Cur-
tis agent for five Towns, and Incouragement given for Juris-
diction and protection and we are senciable that protection
has been afforded from s*^ State for which we return s*^ State
thanks in the name of this Town and now Desire s^^ State
would Extend Jurisdiction over s^^ Town in its full Extent as
it is the Desire of the Town in General.

Your Humble Servants

Selvn^ Heath \

Joshua Bayley > Selectmen of Newbury.

Fryor Bayley )

P. S. The Vote of Newbury
the .31^^ of May is inclosed.

The Hon^'^ the President, Council and House of Repre-
sentatives of the State of New Hampshire.

Proceedings at a Tozun Meeting held in Newbury ^ Vt.

Newbury, May 31^*, 1782.

At a leagal meeting of s'^ Town on said day being a full
meeting Voted to be under the Government of the State of
New hampshire at the same time Chose Gideon Smith to
meet a Convension of members from towns who should be

BORDER TOWNS UNSETTLED. 495

of our opinion at Threadford in order to make application
to s'^ State of New hampshire —

but two men Voted in the Negative who were William
Wollis and Levi Silvyster.

Jacob Kent Town Clerk.

Letter from P. White and John Taylor Gilman, delegates
in Congress, to President Weare.

[p. 367-] Philad^ Dec. II*^ 1782.

Sir —

On the 9*^ Inst, we were Honored with your Letter of the
26*^ ultimo, Inclosing a Representation from Mr. Blanch ard
in behalfe of the New Hampshire Line and the Report of a
Committee thereon. The subject of a settlement with the
army for Pay, Depreciation & Retained Rations is now un-
der consideration. The substance of the Report is, that
Settlements should be immediately made by the United
States up to the last Day of December 1781. The propriety
of this measure and the Impropriety of such Settlements
being made by the States Individually is much urged : We
shall endeavour to have this matter determined as soon as
possible, and (for sundry reasons) are Induced to urge that
[p. 368.] settlements should be made by the State's Indi-
vidually up to the last day of Dec^ 1781.

You have Inclosed sundry Resolutions passed the 5^^ Inst,
respecting the affairs of Vermont ; a Resolution is now un-
der consideration for assigning a Day when Congress will
make their Final Determination respecting that Territory.
This we Endeavoured to have determined in season to be
Transmitted by this Post, but it has met with such obstruc-
tions as has hitherto prevented ; it will probably be done in
a few Days — as the final Determination of this matter is of
very great Importance, we have to repeat the request that
the Honorable the Legislature would be pleased to give
their explicit Instructions on the subject. They will un-
doubtedly PZxamine the Act of November 1779, and other
Resolutions and Instructions now in force on this subject,
[p. 369.] It is probable the first Question will be whether
they shall be a separate and Independent State ; if this
should be determined in the Negative, we should then wish

4g6 NEW HAMPSHIRE GRANTS.

to know whether the Honorable the Legislature would de-
sire to have the matter determined in the Mode prescribed by
the Ninth Article of Confederation, or attempt an agree-
ment and accommodation respecting the same with New
York & Massachusetts.

We have frequently heard while in the State that this
affair might be easily settled, but although much has been
done by the State to obtain a settlement, special agents
have been appointed for the purpose, and it is now more
than three years since the Act passed submitting the affair
to Congress, Still it remains unsettled and is greatly em-
barrassed.

Inclosed is an Extract of a Letter from Gen^ Greene to
the Secretary of War respecting the Evacuation of Charles-
town.

[p. 370.] Three members of Congress, viz, Mr. Osgood of
Massachusetts, Gen^ Mifflin of Pennsylvania & Mr. Nash of
North Carolina are appointed to go to the State of Rhode
Island on the subject of the five per cent Impost, to lay be-
fore them a state of Facts and to represent the necessity of
their Compliance.

As we consider it a matter worthy of the first considera-
tion of the Honorable the Legislature that the State should
be constantly represented in Congress, and as we wish to re-
turn to the State the beginning of April next, hope Dele-
gates will be seasonably appointed to relieve us at that time.
In the Interim shall be in want of some Money to pay Ex-
penses which hope will be seasonably furnished.

We have the Honor to be

Your most obed* Serv*^

P. White

Hon^'^^ Meshech Weare, Esq^

John Taylor Gilman.

Letter from JoJm Taylor Gihnan, in Congress, to Meshech

Weare.

[p. 371.] Philad-'^ Jan5' i6"\ 1783.

Sir —

Your favour of the 30*^ ultim^ (on the subject of Vermont
affairs) came to hand yesterday — am sorry to find that the

BORDER TOWNS UNSETTLED. 497

f^Qj^bie ^Y\e Legislature have not given any direction in that
matter. The Legislature of New York are now in session,
and from some information which I have had this Day,
think it is probable they will repeal their Act by which the
Decision of this matter was submitted to Congress. If it
should be proposed (in the present state of this matter, and
without deciding on the Question of their Independence)
that it be recommended to New York and New Hamps® to
adjust this matter between themselves, (reserving to Massa-
chusetts the right of claiming and a Trial upon the princi-
ple of Confederation) and that Congress pledge themselves
for carrying their agreement into effect, — How ought we to
vote on the Question ?

For my part I feel embarrassed by that part of the Act
of 1779, by which a special agent is appointed, and other
Instructions heretofore given on that subject.

I have conversed freely with Gen^ Whipple on the subject
at large ; he has had opport^' to converse with others, and
will give full information.

Have no News to write, more than is in the Papers in-
closed.

I have the Honor to, be

Your most obed* Serv*.

John Taylor Oilman.
Hon^^^ Meshech Weare Esq.

Letter from Enoch Hale to Meshech Weare, relating to diffi-
culties in Cheshire County.

[P- 373-] Keene, February y^ II*^ 1783.

Sir —

I Received your Honor's favourable advice together with
General Sullivan's letter of the 5^^' of January last Respect-
ing my Power in raising the Body of the County if needed
to assist me in Collecting Publick Taxes, the Legality of
which I had not much doubted, but the way & manner of
carrying the same into Execution under our present Cir-
cumstances is the grand object. But Notwithstanding many
32

498 NEW HAMPSHIRE GRANTS.

dificulties we labour under, I immediately sent orders to
Colonel Reuben Alexander* to raise the body of his Regi-
ment and to march them into Chesterfield on Tuesday
ye 2ist of that month or as many of them as might be
surficient to assist me in Carrying the Act of the General
Assembly into Execution ; but the clammer of the People
has been such that he fears to comply with the orders: —
Giving me for Reason that in such case the greater part
that could be raised would turn out with intent to mutinize
and confound our Proseedings ; and the same opinion is
prevailing with Capt. Doolittle, Esq^ Lee, and many others
of our well-wishers to Government, some of which affirm
that they fear to speak their own opinion openly and wish
to be protected in some other manner as the Wisdom of the
Gen^ Assembly might direct, — but in case we cannot have
assistance by Troops stationed with us, I could wish to
have the militia inshured of having an addiquate reward
for their servis^^ in case of their being raised in the lower
Part of the County. Sir, I could wish to have something
mentioned to the General Assembly that I Rote in my
second Letter, respecting Personall Estate not being surfi-
cient of the Selectmen of several Towns.

I am, Sir, your Honor's most

obed* Hum^^^^ serv*.

Enoch Hale.

Hon^'^^ Mashech Weare Esq'".

Note by the Editor.

Here end the official papers and documents which have been pre-
served on file in the Secretary's office, N. H., relating to the protracted
controversy with New York and Vermont respecting the " New Hamp-
shire Grants." The editor has not found anything of importance on
the subject in subsequent proceedings of the General Assembly, or of
the Governor and Council of New Hampshire. The boundary between
New Hampshire and Vermont being determined by Congress, and the

* Col. Reuben Alexander was of Winchester. He represented that
town in 1776-1778, and was a justice of the peace for the county of
Cheshire, 1778, — Ed.

BORDER TOWNS UNSETTLED. 499

troubles in border towns gradually subsiding, New Hampshire had
nothing more to do in the controversy. Vermont, however, was de-
cided and persistent in her claims for Independence, and to be received
on equal terms into the union of the states. The measures adopted to
attain this important end are fully detailed in Volume III, of Records
of the Governor and Council of Vermont, Appendix, pp. 266-489, to
which readers are referred. These records may be found in the libra-
ry of the New Hampshire Historical Society, and in the State library
in Concord. Vermont was admitted into the Union, February i8th,
1791.

An Act of Congress for the admission of the State of
Vermont into the Union.

[y- 375-] Congress of the United States

at the third session,

Begun and held at the City of Philadelphia, on

Monday the sixth of December,

one thousand seven hundred and ninety.

AN ACT for the Admission of the State of Vermont,

into this Union.

jL HE State of Vermont having petitioned the Con-
gress to be admitted a member of the United
States, Be it enacted by the Senate a7id House of Repre-
sentatives of the United States of America in Congress
assembled^ and it is Jiereby enacted and declared^ That on
the fourth day of March, one thousand seven hundred
and ninety-one, the said State, by the name and stile of
'' the State of Vermont," shall be received and admitted

500 NEW HAMPSHIRE GRANTS.

into this Union, as a new and entire member of the United
States of America.

Frederick Augustus Muhlenberg,

Speaker of the House of Representatives.

John Adams, Vice-President of the United States

and President of the Senate.

Approved, February the eighteenth, 1791.

GEORGE WASHINGTON,

President of the United States.

Deposited among the Rolls in the

OFFICE of the Secretary of State.

Th. Jefferson, Secretary of State.

COPY OF LETTERS, ORDERS, &c.

NEW HAMPSHIRE COMMITTEE OF SAFETY,

1779 to 1784.

Note by the Editor.

The papers which follow are copies of letters written by the Commit-
tee of Safety of New Hampshire, 1 779-1 784, in relation to matters of
immediate concern at that time ; and are of especial historical value, as
showing the embarrassments of the country, — the difficulty of raising
money for the support of the war ; the dangers of frontier towns ; the
patriotic spirit of the committee, and the sacrifices made by the people.
That portion of the papers which relates to the troubles in border towns,
1 780-1 783, is printed in connection with other documents relating to
the same affairs. The letters were mostly written by Hon. Meshech
Weare, President of the Committee of Safety, but a part of them by
Hon. Josiah Bartlett, who was next to Mr. Weare in influence and
authority.

LETTERS, &C., BY THE COMMITTEE OE SAFETY.

[p. I.] State of New Hampshire.

In Committee of Safety January 9^^ 1779.

Sir — A Letter from your committee to the Committee of
Correspondence for the town of Alstead, has been laid be-
fore this Committee, and the son of Simon Baxter (men-
tioned by you) examined, who hath confessed, that he re-
ceived of his said father about six hundred Dollars in Bills
V which he supposes were counterfeits, that he passed to one
Joseph Welsh of Cambridge in your State about two hun-
dred Dollars in said Bills for which he received of said
Welsh two Guineas and two half Johannes's in hard money
& the use of two horses to carry him & his Baggage to
Littleton, that Welsh knew the money was counterfeit,
and that Welsh is a great enemy to the United States,
which he knew before and therefore called on him at that
time. Some part of the money he says hath not been
passed and the Committee expect to get possession thereof
as an officer is gone in quest of it, as also to apprehend
some person accused of uttering several Bills. If any thing
of moment should turn up in further sifting this affair rela-
tive to s'^ Simon Baxter, or any Person in your state the
earliest notice will be sent you.

[p. 2.] P. S. The examinant declareth that said Welsh
manifested a great desire of getting to New York and en-
quire concerning the Rent of Houses &'' there.

State of New ) To the Officer or Officers having the
Hampshire. \ charge of the Continental Stores of Provi-
sions & Ammunitions at Coos : By direction of the General

504 COMMITTEE OF SAFETY.

Assembly of this State, I am to request you to furnish the
Troops sent by this State for the defence of the Western
frontiers with the necessary Supplies of the above articles
during their continuance in those parts.

Feb. 19^^ 1780'.

Exeter March f^ 1780.
Sir —

The Treasurer of this state laid before the General As-
sembly two Drafts from Congress on him in your favour for
three hundred thousand Dollars cash, and at the same time,
represented that the Treasury was destitute of money.

I am directed to inform you, that notwithstanding the
whole sums which Congress called on this State for, to be
paid by the first of January last, have been assessed on the
Inhabitants & the greatest part thereof paid into the Treas-
ury as also a large sum for the contingency of the State &
[p. 3.] in addition thereto as much as could be procured
on Loans ; Yet such hath been the amazing Depreciation
of the Currency as so far to exceed our Calculations, that
the whole hath been found quite insufficient for the De-
mands v/hich we are under the necessity of answering
within our own State, such as recruiting the Army, provid-
ing cloathing, paying a small part of what we have agreed
to pay our soldiers for Depreciation, and other contingen-
cies, that it is with great regret they find it impossible to
pay your Drafts.

I am &^.

Jacob Cuyler Esq.

TT 1 • /In Committee of Safety March 31^* 1780.

To Major Joseph Bass, Clothier for the New Hampshire
Troops in the Continental Service.

In executing the Business of your department you are to
strictly observe (as possible) all the Acts, Rules, and Regu-
lations of Congress relative thereto. Also to observe & obey

LETTERS, ETC. 5O5

the Instructions & Directions you shall receive from the
Board of War of this State, to whom you are to apply from
time to time for Orders in managing the Business you are
intrusted with, And you are constantly as opportunity shall
offer, & circumstances require, to correspond with said
Board of War & inform them of the state of the suppHes in
your hands, & call on them for new supplies.

[p. 4.] Exeter April 28^^' 1780.

Sir.

I am honored with the receipt of your favour of the 18*^
Inst which I immediately laid before the Gen^ Assembly,
who after due consideration thereof were very sensibly im-
pressed with the distresses of our Brethren, inhabitants of
the eastern parts now suffering and exposed to the enemy
holding possession of Penobscot, And of the importance of
Defending against their excursions in those parts and if
possible to rescue that Post out of their hands ; And are
very sorry that they cannot at this time afford assistance to
a sister State in Defence of that Country being under the
necessity of raising considerable forces to defend their
Northern & Western Frontiers which we apprehend to be
in eminent Danger from Canada. But in Case an expedi-
tion should be ordered by Congress to reduce the enemy at
Penobscot this State will exert themselves to the utmost to
assist in carrying it into execution.

Hon. Jerem'^ Powell Esq.

Exeter April 28^^' 1780.
Gentlemen —

The Indians drove from the Seneca County having ar-
rived in Canada the winter past and the probability of their
being inspired with sentiments of Revenge have greatly
alarmed the inhabitants of our Western frontiers together
with the likelihood of their being joined by a great number
of Refugees from this and the neighbouring States. The
Canada Indians & perhaps some of the 13ritish Troops

506 COMMITTEE OF SAFETY.

[p. 5.] hath so intimidated them, that unless they are
strengthened with more Troops to guard them than can
possibly be afforded by this State, it is feared the settle-
ments on Connecticut River will brake up and perhaps fifty
miles of Country the most fertile in this State left Desolate.
Wherefore I am directed by the General Assembly to de-
sire you to make application to Congress for such aid as
they shall judge adequate to assist in Guarding our exten-
sive frontiers the situation of which you can give full infor-
mation.

P. S. Continued reports from Canada of the designs of
the enemy against our frontiers hath much added to the
fears excited by the reasons above mentioned.

Hon^ Messr^ Peabody & Folsom at Congress.

In Committee of Safety, May the 12"^ 1780.

Coll° Jonathan Chase.

Pursuant to a vote of Council & Assembly of 22*^ of
April 1780 —

That sixty men be raised from your Regiment Col^ David
Websters & CoP Moreys, and employed for the Defence of
the frontiers for the term of six months unless sooner dis-
charged ; To be officered with one Captain, one Lieutenant,
and one Ensign of the Militia of which number of men your
Quota is one Captain and twenty men.

You are hereby ordered & directed immediately to engage
[p. 6.] one Captain & to raise by enlistment draught or
otherwise twenty four men from your Regiment to Ren-
dezvous at Haverhill as soon as possible, there to be under
the Direction of Col^ Charles Johnston & Maj. Benj. Whit-
comb. Officers & soldiers will be paid such Wages as the
General Court shall determine at there sessions in June
next.

The same was sent to Col^ D. Webster & to CoP Morey
with this alteration — to Col^ Webster one L* and eighteen
men to Col Morey one Ens. & seventeen men.

State of
New Ham

LETTERS, ETC. 507

, . I In Committee of Safety May 12*'' 1780.

Gentlemen —

By order of the General Assembly sixty men are to be
immediately raised & stationed as a guard on Connecticut
River to Rendezvous at Haverhill & wait your Commands.

I am to direct you, that you Detach twenty five men with
one officer out of the sixty & to send them to upper Cohoss
to guard the settlements there, who are to be instructed by
you relative to their Station & Conduct.

The remaining thirty fiv^e you will employ in scouts &
Guards as you think will best secure the inhabitants — We
expect they will be supplied out of the Continental Stores ;
but if any thing should prevent that we must rely on your
[p. 7.] procuring what may be wanting for those at lower
Cohoss for which you shall be paid by the State. And Mr
John Holbrook if absolutely needed will supply those at
upper Cohoss — If any difficulty should arise in the Conti-
nents allowing for the supply this state will replace the
Provinces.

^j^ TT 1,- [in Committee of Safety May 26*^ 1780.

Resolved that it be recommended to all persons possessed
of Wheat or Flour, on Connecticut River, for sale, to keep
the same & not dispose thereof untill the General Court can
have opportunity to purchase it for the use of the United
States. The Court will meet at Exeter on the first Wednes-
day in June next, when the Committee have the greatest
reason to believe they will appoint some person or persons
to buy all the Wheat & Flour that can be spared in those
parts & provide ways and means to pay therefor.

Exeter, May 26*^ 1780.

State of ( Sir — A number of Gentlemen from

New Hampshire j the Western Frontiers of this State have

508 COMMITTEE OF SAFETY.

suggested to me the favorable appearance of circumstances

for making a descent into Canada some who have lately

been into that Country affirm that the Peasants of Canada
almost to a man are ready & disposed to join the American
Arms, whenever an opportunity shall offer.

[p. 8.] I beg leave to suggest to your consideration whether
getting possession even of the Western part of Canada will
not be of more consequence to America in negotiating a
peace than dispossessing great Britain of all the Post they
hold in the United States, and I think I may venture to
assert, that we can reasonably expect to get possession of
all Canada with less loss of Blood, and Treasure than the
City of New York — Now Sir, if you should think favorable
of this projection, I could wish you would propose it to
your Court for their consideration — Although I have not
been instructed in this matter & only offer my own private
opinion, yet I think it probable, if Congress should direct
an expedition that way this State will be ready to do all in
their power to forward it.

I am &c

President Powell.

State of New ) Exeter May 27*^ 1780.

Hampshire J

Sir —

I received yours of the 2^ Inst and at the same time two
orders of Congress in favour of Chaloner & White on me
for three hundred thousand Dollars each was presented for
payment.

The Treasury being destitute of money I applied to the
President for Directions who informed me that a Letter
from Eph™ Blaine Esq. Commissary Gen^ to our Delegates
in Congress had been forwarded to him, advising that he had
ordered you to put said order into the hands of Major Jona-
[p. 9.] than Childs of this State who was to apply for payment,
and that in consequence of said Information measures had
been taken for paying said Drafts to Major Jonathan Child by
procuring Grain on Connecticut River from sundry Towns
who are delinquent in paying their Taxes, which is likely to

LETTERS, ETC. 509

be effected and hopes it will answer the end as well as pay-
ing the money which at this time I am unable to Do.

I am &c.

Jacob Cuyler, Esq.

Exeter May 27^^ 1780.
Gentlemen —

I am informed by many persons from your parts that
there are many abuses committed by People in trading" with
the Indians in friendship with us cheating them of their
property & other abuses ;

The consequence of which is easy to be foreseen, that
their affections will be alienated from us & very likely in-
duce them to revenge.

I must request of you, for the sake of your Country, and
for your own sakes who are so immediately concerned to
use the utmost vigilance and detecting everything of the
kind & to see that strict Justice is done the Indians, & that
they are held as friends — Be kind enough to communicate
copies of this Letter to the several Committees on the Riv-
er, and if any Persons should prove refractory, in making
restitution where they have wronged the Indians I must
request that the Committees send to me the name or names
[p. 10.] of the Persons concerned with the evidence and
the General Court will see Justice done to the Indians in
some way or other let the trouble or expence be ever so
much.

Committee of Haverhill.

On Receipt hereof you are without a moments delay to
give the necessary orders for raising the Quota or propor-
tion of men from your Regiment which you will find in the
Act herewith sent you.

Your men must Rendezvous at by the 4"' of July

next. And you will take care that a trusty person or per-
sons conduct them to that place where a Muster Master
will attend to muster and pay their travel money from their
Homes to the place where they will draw provision and a

5IO COMMITTEE OF SAFETY.

Continental Officer to give them farther Directions — A
number of Acts is sent you that each of your Companies
may have one and in case you do not procure the men by
the first Draft you will understand that by the Act you are
to proceed in Drafting until the number is compleated.

Exeter 27*^' May, 1780.
Gentlemen —

This State the year past actually paid 333,000 Dollars
for the Ship Hampden (lost at Penobscot) Stores mens
wages &c and also have advanced very large sums for
[p. II.] cloathing for the Army which with the other ex-
penditures in paying Depreciation to Soldiers &c hath
taken up the money raised the year past for the use of the
United States.

I have been informed that Congress hath postponed the
Calling on the State of the Massachusetts Bay for so much
of the Taxes due from them, as they expended in the
Penobscot expedition.

I must request that you will desire the same favor of
Congress for this State and also for money advanced for
Cloathing to the amount at least of 600,000 Dollars — I can-
not at this time ascertain the Sum. This State has laid as
large Taxes on the People as it was supposed they could
possibly pay without distressing them & creating great
uneasiness. Yet such hath been the great Contingences
that they have proved very insufficient. And I am well
assured New Hampshire will continue to exert all its
strength in Co-operating with their Sister States in every
measure recommended by Congress.

In the Account of New Hampshire with the United
States for Taxes transmitted by the Board of Treasury
dated the 15*^ of April last, I observe an omission of credit-
ing the State for 200,000 Dollars the Tax of 1778 for Vvdiich
our Treasurer has a Receipt from Francis Hopkinson Esq.
Your calling on the Treasury Board & getting that matter
put right will be a Benefit to the State.

Messrs. Peabody & Folsom.

LETTERS, ETC. 51 1

[p. 12.] State of ) In Committee of Safety

New Hampshire j May 27*^ 1780.

Sir —

The Committee of Safety have been informed that there
is a valuable Farm in Amherst which appeared by the
County Records to be the property of one John Sargent an
absentee from the State of Massachusetts Bay, but now in
possession of Major Joseph Blanchard. I must request of
you, and the other Gentlemen, the Committee for taking
care of those estates to examine this affair & if it appears
as afores^^ that you enquire of Major Blanchard by what
right he possesses said estate, and make report as soon as
possible to the Gen^ Court or this Committee of your Do-
ings in said matter.

I am &c.

James Underwood.

In Committee of Safety Exeter June 2^^ 1780.
Gentlemen —

Inclosed you will receive a Copy of a Letter directed to
John Dudley Esq., you are desired to make every necessary
enquiry of S'lajor Blanchard concerning the contents of said
Letter or of any other person & make report thereof to the
General Court or to the Committee of Safety to this State
as soon as may be.

I am &c.

To Col. Nichols and
Mr Underwood Esq.

Exeter July 15"' 1780.
[p. 13.] Sir—

The proposals you made Major Gains relative to supply-
ing this State with a Quantity of Rum for the use of the
Army we esteem equitable ; yet such is the pressing ne-
cessity for money to carry on the great and urgent opera-
tions of the Campaign that we must be under the necessity
of dej^ending on Credit for obtaining that article.

I am &c.

512 COMMITTEE OF SAFETY.

State of New (

Hampshire j June 24*^^ 1780.

To Capt. Neh^ Houghton.

In pursuance of a Vote of Council & Assembly you are
to Muster & Swear all the men brought before you at Win-
chester as soldiers to serve with the Continental Army un-
till the last of December next passing none but able Bodied
& effective Men, paying each man two Dollars per mile
from the place of his abode to Springfield, where they will
draw provisions.

You are to keep an exact List of the Names of the men
you Muster, the day they passed Muster & the Towns they
serve for — Noting each man who is provided with a Knap-
sack and Blanket, and of every Deficiency.

Exeter, June 28^^ 1780
Sir —

The purchasing of wheat at or near Connecticutt River
for the use of the public, being a desirable object: The
General Court have therefore passed the inclosed Resolve.
[p. 14.] The raising of men. Supplies for the Army and
other Contingencies have constantly drained the Treasury
although most of the Towns have been punctual in paying
their Taxes, yet as many of the Towns on & near the River
Clairmont are delinquent in paying their Taxes, the Court
have empowered you to draw orders on them for said
Taxes, which orders being paid will be the same as if paid
into the Treasury — your proceeding in this Business will
be esteemed a particular Service (and if effected) I believe
a great benefit to the United States.

I am &c.

Major Childs.

State of New ) June 28*^^ 1780

Hampshire )

To Col. Stephen Peabody

In pursuance of a Vote of Council & Assembly, you are
to Muster all the men brought before you at Amherst as
soldiers, the Militia, as well as those who are to serve

LETTERS, ETC. 513

under Continental Officers, passing none but able Bodied
effective Men, to whom you are to administer an Oath for
the faithful discharge of their Duty. The Militia must be
equipped with a good Firelock, Knapsack & Blanket at
least, and those who are to join the Continental Companies
with a Knapsack & Blanket.

[p. 15.] And you are to pay each soldier you muster Two
Dollars per mile for travel money from their respective
homes to Worcester where they will draw provisions. You
are to keep an exact List of the Names of the men you
Muster, the day they passed Muster & the Towns they serve
for — Noting each man who is deficient in having a Blanket
or a Knapsack — You will keep the list of the Militia &
those who serve under Continental officers entirely sep-
erate.

State of \

^j -ry , . f In Committee of Safety June 30*^^ 1780.

New Hampshire ) j j ^ /

You are hereby empowered and desired immediately to

purchase within the County of Horses to be used in

drawing for the Army, you will therefore procure such as
are suitable for that purpose fit for immediate [use] and on
the best Terms you can, you are to fill up the Blank Certifi-
cates, you will receive herewith with the Names of the
Persons you purchase of, the sums Bargained for, the time
of payment, which must be either one year or two years, or
three years, as you & they can agree, and the number of
days which you will procure a Treasurer's Note for said
[p. 16.] sum — It is expected that you will be called on in a
few days for the Horses, and in the mean time you will agree
with the persons you buy of, to keep them untill called for
or procure pasturing when it will be inconvenient to leave
them with their former owners. You will take receipts of
the persons you trade with, for the sum you give for any such
Horse setting forth that said Horse was for the use of the
United States.

The Treasurer will make out Notes to pay for said Horses
on your application.

514 COMMITTEE OF SAFETY.

State of
New Ham

1 . > In Committee of Safety July
pshire ) J J J

To Major Benj-'^ Whitcomb.

The General Assembly of this State in their last session,
Pursuant to a Resolve of Congress agreed to Raise two
companies of sixty men each besides officers for the Defence
of the western frontiers to be in the Continental service
untill the last day of December next ; But the Assembly
did not give directions who should have the ordering where
the men should be stationed or employ' d and as we suppose
that you have at joresent the Chief Command in those parts,
we have ordered the men under your care to be employed
for the Defence of the western frontiers of this State in such
[p. 17.] manner as may best answer that design & desire
you to give the necessary direction for their being supply'd
with provisions &c and inform us from time to time of the
situation of Affairs.

Exeter July i'* 1780.

Sir — You was acquainted when at Court, that a number
of Horses were required from this state for the use of the
Army.

The Committee have agreed to buy a proportionable
number in each County, twenty seven is the proportion of
the County of Cheshire — As a proper person to purchase
said Horses in your County is wanted, I have sent Blank
Orders inclosed herein to you, & desire you will find some
suitable Person & fill up the Blank & deliver it to him.

I have likewise sent 27 Blank Certificates to be filled up
and given to the Persons of whom the Horses may be pur-
chased, for their security untill the purchaser can have
opportunity to get the proper notes from the Treasurer for
them when he will deliver the Note and receive back the
Certificate — You will be pleased to let me know by the
[p. 18.] Bearer the Name of the Person you deliver the
order to, that I may call on him for the delivery of the
Horses ; as I expect every day an order from the Quarter
Master General for the Horses, and therefore desire the
greatest expedition may be used in purchasing them.

Coll« Hunt.

LETTERS, ETC. 515

Exeter in New Hampshire July i^^ 1780.

Gentlemen —

I had the honor of receiving yours of the 19^^ Inst this
day and have inclosed three acts of this State passed in
consequence of your Requisitions — Those troops who are
to recruit the Continental Army are ordered to rendezvous
at three several places on the southern extremes of this
State of the 4*^ of July Ins* where Continental officers will
attend to forward them with the greatest expedition, and
from the various accounts I have received, I have reason to
expect the Major part of them at least will rendezvous by
the time appointed. The Militia are ordered to be at the
same places, on the 12*^ July Inst in their way to camp,
[p. 19.] which was as soon as could be expected, consider-
ing the great distance from Exeter to the remote parts of
our scattered settlements — I am led to believe, that the
Militia also will be on their way at the appointed time, as
very great exertions, are making to raise them — The Cattle
in this part of the Country at this early season of the year,
are generally lean, and but few really fit for Beef, yet such
as they are, I believe the Quota allotted to this State for
July will be ready to be delivered the Commissary Generals
Orders — The first months proportion of Rum, viz. twenty
five Hhds, is now ready at Portsmouth & waits the Commis-
sary's Order — Persons are employed to purchase 150 Horses
for the use of the Army, and I think it probable, that in a
few days most of them will be likewise ready and wait the
Quarter Master Gen^^ Order.

Rum is very scarce in this State, yet no pains will be
wanting in having the several Quantities ready at the Peri-
[p. 20.] ods fixed as well as the other articles. In your let-
ter of the 2'^ of June last you say — ''The supplies apportioned
to your state are as follows — 166,835 pound of Beef per month
and 25 Hhds of Rum per month, to be transported to &
delivered where the Commissary General shall direct ; Also
150 Horses to be attached to the Army & to be delivered
where the Quarter Master General shall direct," — to which
you also refer me in your Letter of the 12*^ Inst — In
consequence of which, every measure tho't feasable hath
been pursued to have the Articles in readiness to be deliv-
ered on Receipt of the Commissary Gen^ and Quarter

5l6 COMMITTEE OF SAFETY.

Master Gen^ Orders : But no orders from either hath yet
been received.

In your letter of the 19*^ of June last you say "The two
points we wish to impress most forceably on yours and the
minds of the Legislature of your State, are immediately for-
warding your Quota of Troops necessary to Complete your
Batallions in the Continental Army, and of supplies of Pro-
visions agreeable to the estimate inclosed you in their Let-

[p. 21.] ter of Ins*" As it was understood by us, that

agreeable to the recited paragraph of the 2^^ of June last,
our supplies of provisions must wait the Orders of the
Coms^'-Gen^^&c — the sending them forward was not thought
of untill such orders were received, and indeed we know
not where to send them ; Yet by the recited passage of your
last Letter there seems to be an implication of our sending
such supplies forward without such order. Wherefore I
wish that no misunderstanding may happen in those mat-
ters, least by mistake the Army may suffer, as we desire
punctually if possible to fulfill every Requisition.

Exeter July 6*^ 1780.
Sir —

The Committee of Congress by their Letters of the 2^ &
12*^^ Ult° called on this State for a specific quantity of Beef
& Rum monthly the first to be ready to be delivered by
the first of July then next to the Com^^ Gen^^ Order — since
which I have been repeatedly call'd on by said Committee
to forward such supplies, but have had no order from the
Commissary General. Anxiously concerned lest there should
[p. 22.] be a failure of provision in Camp on the Arrival of
the new Levies occasioned by neglect, or mistake, hath in-
duced me to send Major Gains (one of the Committee fully
impowered to draw forth the Resourses of the State) to wait
on you and request a communication of the mode you are
pursuing in sending forward supplies, whether you have
any orders from the Commissary General, and what those
orders are as we are at a loss how to proceed. Any matters
relative to our recruits, or supplies of which you may wish
to know, Major Gains can fully inform you.

LETTERS, ETC. 51/

Exeter July 6^^ 1780.
Gentlemen —

By the last post I gave you full information of what this
State had done relative to procuring men & supplies for the
Army, since which I received yours of the 23'^ Ult^ urging
the necessity of sending forward supplies, but as no orders
from the Comsy General hath yet been received, we remain
at a loss how to proceed. Nevertheless we have ordered the
Collect^' General of Beef for this State to issue his order for
Collecting about 200 Head of Cattle immediately & shall
send them forward as soon as they can be collected towards
the North River by the way of Springfield in expectation
that the Drivers will find or meet some persons authorized
[p. 23.] to give them directions. However we wish to have
explicit Directions relative to the Supplies, where they must
be delivered, to whom & where &^ which we shall endeavour
as punctually to comply with as circumstances will possibly
admit of.

The recruits for the Continental Army are marching for-
ward, upward of one hundred left Kingston Tuesday &
Wednesday last & by the best information we have, they
are equally forward in the Counties of Hillsborough &
Cheshire.

The miilitia will march the beginning of next w^eek and I
believe will not fall much short of the number called for.

x^^^^u w I In Committee of Safety July 13*^' 1786.

New Hampshire ) j j j j /

To Nicholas Gilman Esq : — R. G.

Make out in Notes agreeable to the Resolution of the

Gen^ Court of the of June last for fifty thousand pounds

in the names of the persons, in such respective sums as M'^'
Jewett shall desire & produce Receipts from setting forth
such purchases.

[p. 24.] Exeter in New Hampshire July 15"^ 1780.

Sir — I had the Honor of receiving yours of the 4*'^ Inst
yesterday. I believe that you may have from this state five

5l8 COMMITTEE OF SAFETY.

Tons of Powder which is near half of the whole stock, and
that the same will wait your order.

As early as I was able to give any precise information of
the succours that might be depended on from this State,
which was on the first day of this Ins* July — I fully stated
the same in my letter to the Committee of Congress of that
date — since which by the best information I have received
I Judge that the greater part of the men required from this
State have marched, and in a weeks time there will be but
few behind.

The Beef and Rum required is ready to be delivered the
Commissary Generals Orders, for which orders we have
waited some time. The Collector Gen^ of Beef is now
ordered to send 200 Head of Cattle towards Springfield in
the state of Massachusetts in expectation of meeting orders
which way to drive them — Most of the seamen of this State
are prisoners with the enemy or gone into other Business
since the War. Four ships, Letters of Marque going to sail
in concert have waited several weeks at Portsmouth for want
of men although they offered very large wages.

[p. 25.] At this time, I am not able to let you know with
any Degree of certainty whether any Seamen can be ob-
tained, or if any on what Terms but will immediately make
inquiry & send you the earhest notice thereof. As there is a
considerable of River navigation in this State. I believe it
would be vastly easier to procure men acquainted with row-
ing & managing Boats &*^ than Seamen if such would an-
swer, numbers of them may be found among both our Con-
tinental Troops and Militia.

Hampshire^^ | ^"^ Committee of Safety July I5«> 1780.

To Mr. Noah Emery Jun^" :

In the Business you are going to transact the following
things you must get determined, viz.

After delivering the letters you are intrusted with, you
must endeavour to obtain from Gen^ Washine:ton the Com-
missary Gen\ or Quartermaster Gen^ full & explicit direc-
tions relative to the supplies this State are called on for,

LETTERS, ETC. 519

where they must be delivered, to whom and when, you
can inform that the Beef, Rum, & Horses are ready to be
delivered; But we know not to whom, or where ; you will
be particular in getting some particular Directions relative
[p. 26.] to the oxen which will go forward next week, that
you may meet the Drovers on the way and inform them,
how they shall proceed. They will be directed to Springfield,
where we expect some person from the Army, or in behalf
of the Continent will take the Charge of them. You will
note, that the Beef and Rum mentioned to be ready, includes
only what the state were to provide in the month of July
and can inform that the other parts will be ready at the
stated periods.

I am &c.

State of
New Ham

, . > In Committee of Safety July i8*^^ 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, & that you
will proceed as soon as possible. Your answer is desired
as speedily as may be.

In behalf of the Committee.

TT 1 • ! In Committee of Safety July 18"^ 1780.

Hampshire ] j j j /

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 SiDringfield 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*

Hon^^^ James Bowdoin
President of Massa^^ Bay.

LETTERS, ETC. 521

[p. 29.] State of New ) In Committee of Safety July 20^^
Hampshire \ 1780.

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 & 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 &*^ — 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, &;^
Samuel Livermore Esq.

TT 1 • f In Committee of Safety July 2Q*^ 1780.

Hampshire ] j j j y /

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 & Rhode Island to meet at Boston on
the 2'^ day of August next, to consult & advise in all such
business and affairs as shall be brought under consideration
relative to the War, and to promote & 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 &c. 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 &*^ 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 & of which the
Treasurer will give you the earliest notice.

I am &^

Jacob Cuyler Esq.

SlR-

Exeter August s \ i/So

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 &^

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 Col*^ 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 & 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 I0*^ 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 81^ 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, & 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, & 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
hav^e 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^
Sullivan to go to Philadelphia. If either of the Horses,
which are now in your hands, belonging to the 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 & Col^ S. Folsom Esq —

Gentlemen —

You are hereby appointed and directed to examine the
powder in the hands of Col" 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 Col" 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 & 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 & 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 l£mery 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 suppUes.

Exeter Aug. 2^,^ 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 & 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.

Colo Moulton

Dover 6

Durham 7

Somersworth 5

Rochester 9

Barington 7

IVIadbur}-
Lee.

Col*' Evans

12 men wantinof.

• 3

Exeter 9

Newmarket 7

Brintwood 4

Epping 2 } Col° Oilman

Poplin 4 10 wanting

26^

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^ Oilman 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 & not Demand the money.

In Committee of Safety Sept. 6*^ 1780.
To Maj'^ Child,—
Sir —

Whereas Mr. Noah Emery Jr. is appointed by the Coms^
General, An Assist Coms^' of Purchases for this State & as
he has appointed you to furnish supplies &*^ 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-] State of New ) j^^ ^.^^^ ^^ g^^ ^^^, jg,u g^
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 & 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. 531

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 & particular an ac-
count of your success as may be that we may inform Con-
gress.

To Col« David Webster-
John Millen, Esq.

[p. 48.] In Committee of Safety, Exeter, Feb. 9^^^ 178 1.

Sir —

We wrote you yesterday requesting that you would de-
liver provisions &^ to Gen^ Nichols & Col^ Ellis since which
we are informed that Col° Hunt is appointed Assistant
Deputy Quarter Master for the Western District of this
State & the furnishing provisions. Barracks &^ comes im-
mediately under his Department. We have wrote Col^
Hunt on the Subject & you will take his orders respecting
the same (the letter wrote you yesterday notwithstanding).

To Francis Blood Esq.

In Com^^^ of Safety Feb^' 9^^ 1781

Sir.

The Committee have lately wrote to Francis Blood Esq.
Coll^' Gen^ of Beef for the western District, desiring him to
deliver to Gen^ Moses Nichols and Col^ Timothy Ellis,
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 Col° Ellis to provide Barracks & 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 &*^ 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, Col° Ellis and Mr. Blood
of the supposed necessary alterations. Mr. Emery the
assistant Deputy Ouart^' Master in this Department will
supply at this place as we have wrote Gen^ Nichols & Col°
Ellis on the subject of issuing provisions &c perhaps it
might be agreeable if you should think projDer to appoint
them for that purpose.

Col^ 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 &^ comes immedi-
diately under his Department. We have wrote CoP Hunt
on the subject & 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 Col*^ Hunts orders therefor, which we have men-
tioned in the Letter to him.

To Gen^ Moses Nichols & one similar
with the above to Col^ Timothy Ellis.

State of New Hampshire Exeter, Feb^ 12*^ 1781.

SlR-^

There is no Continental Stable established within this
State, & we have much trouble, & are at considerable ex-
pense for want thereof, & our officers are under many diffi-
culties. As I conceive that business is within your Depart-
ment & 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 & 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 &«.

Col° Jabez Hatch.

State of New |

Hampshire \ In Com^^« of Safety Feb^ 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 & 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 & 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 & 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 Comt^« of Safety

Exeter 15 Feb^ 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 & 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 & compleating this State's quota
of the Continental Army passed Jan^' 12*^ 1781. 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 Jan^ 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. if^ 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 & now to be settled with Mr. Emery) you^^ please to
make out in your own Name & take his obligation as A. D.
Q. Master for payment.

To Joseph Gilman Esquire.

[p. 52.] State of New ) In Com^^^ of Safety Exeter Feb^
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 & his obli-
gations as A. C. of P. for payment of Driving.

To Capt Eliphalet Giddinge.

State of New 1 j^ Q^^tee ^^ Safety Exeter March 2'' 1781
Hampshire ) -' '

Sir —

The Accounts which this State has against the United
States for supphes to the Continental! 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^^
Quar*^ Master for payment.

Col^ Supply Clapp.

State of New )

Hampshire ) In Com*^® of Safety Exeter
March 9*^ 1781.

Sir —

We wrote you on the 9*^ ult^ that application had been
made to Col*^ 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
to undertake the business of supplying the Troops to be
mustered at Keen & that you call on Francis Blood Esq for
supplies accordingly.

Col« Timothy Ellis &
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 &
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 & when they march to
carry them to the next Issuing Commissary agreeably to a
vote of the Gen^ Court, & you are to receive such quantities
of meal or Flour from any Town or Towns as may be
necessary for the above mentioned supplies & to assure
such Town or Towns that the value of such supplies of
Meal & flour will be deducted out of their proportion of
Beef or paid for in money as the Gen^ Court may determine
& you are to give your Receipts to the Towns accordingly.

To Francis Blood Esq
of Temple.

State of New 1 In Committee of Safety
Hampshire \ Feb^ i6*^ 1781.

To Sami 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 & 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 Jan^ 12^^^ 1781. You will receive from the
Issuing Commissary who is or may be appointed at that
place such rations of provisions for yourself & party, as you
are entitled to receive in Camp — you will likewise receive
[p. 54.] Rations for the nevv^ Recruits agreeably to a Vote
of the Gen^ Court passed Jan^' 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
Washington's Request and that the Recruits be informed
that this State are taking measures for speedily procur-
ing & 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 & 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 f^ 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 & of the Subjects of
Great Britain lying within this State — You are hereby au-
thorized & 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 & to make Returns of your do-
ings to the Gen^ Court or Committee of Safety as soon as
may be.

To the Hon^i«

Charles Johnston Esq
& Mr James Woodward

State of New Hampshire.

In Committee of Safety Exeter

April I2"» 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 7"^ 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 & Requested to Rent out for
the present year all the improved Lands of such Persons
lying or being within the Tov\^n 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 ( Sent a letter by Capt

Stone inclosing this &
the Resolves of Court i2^^Ap^ 1781

State of New ) In Committee of Safety Exeter
Hampshire ( April 13^^ 178 1.

Sir —

By the inclosed Votes of the Gen^ Court of the 6^^ & 7^^
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 JJ, & Meshech
Bell Ensign of said Company — You are hereby directed

LETTERS, ETC. 539

to take measures for enlisting said men as soon as may be
agreeably to said Vote of the 6^^^ Inst.

To Capt Ebenezer Bearing.

P. S. You have enclosed two other copies of the above
Votes which you^ Please to deliver to I\P' 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, & when you can go forward.

I am &c.

f^Qj^bie John Wentworth, Jun'^" Esq.

State of

New Hampshire \ 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 & the
persons who shall hire the same to pay all Taxes exclusive
of the Rent.

To CoP Sam^ Chase.

540 COMMITTEE OF SAFETY.

[p. 58.] State of I In Committee of Safety

New Hampshire ] Exeter, April 19*^ 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

' CoPTimt^y Ellis i. C. i. IJ44. p.

T^i -n 4.- r '^ Late Col*^ Bellows I Cant. 2Q p

Ihe Proportion 01 said men j r- ^ t ^ ^/r r f r

. -D • ^ • < Col. Is^ Morey i. L\ 16. p.

to your Resriment, 1. e. ^ r- ^n ^ n r-i t t

■^ ^ ' Col'^ Jon^ Chase i. L* 23 p

^Col D^^ Webster i. Lt. 12 p.

Which you are to raise agreeably to said Vote & to have
them Rendezvous at the time & place therein mentioned
well armed & 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 & 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 & 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 & 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 &
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 & 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 i In Com^^*^ of Safety Exeter

New Hampshire \ 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 Col^ Ellis's Regiment One Captain, one Lieut &
forty four privates. Late Col" Bellows Reg*, one Cap* &
twenty nine privates Col Moreys One Lieut & sixteen
[p. 61.] privates. Col Chases One Lieut & twenty three
privates ; and Col. David Websters One Lieut & 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 &c.

To Col^ Charles Johnston.

State of ) In Comt*^^ of Safety

New Hampshire j Exeter April ig^^\

Sir.

The inclosed Letters containing Votes of Court & Orders
for raising men we have thought proper to send to you.
Your forwarding the same will oblige the State.

I am &^.

Gen^ Benj. Bellows.

P. S. Have forwarded sundry Acts & 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 ^ )
j Thomas Sparhawk ^^^^ \

Judges of Probate ( for County Hillsbo'^
of Wills ( 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 &c.

* for the Vote see, April 3^^ 1781.

[p. 62.] State of I In Com^'^^ of Safety

New Hampshire \ Exeter, April 27^^' 1781.

Sir —

Your letter of the iq^^ instant have received & 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 Comp^ commanded by Maj^* Whit-
comb, are entitled to the same gratuities &c 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 & 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 ) 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 lying in the
Port or Harbour of this State or that may hereafter arrive
for the purpose of bringing Prisoners or any other Purpose
be confinecl to their respective vessels & not permitted to
come on shore on any pretence whatever ; And you are not
[p. 63.] to suffer any person to go on Board them unless
under your direction for furnishing them with necessary
Provisions &c.

To Capt Ebenezer Bearing, commanding Officer
of the Forts at Piscataqua Harbour.

State of I In Com^^^ of Safety

New Hampshire j Exeter May 4^'', 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^'' Feb^' 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 & there not being money in the Loan office 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 offi-cers & soldiers of the New Hampshire line & 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^^M78i.

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 & have not received any
of Mr Oilman an account of which was sent you by Capt
Robinson) provided said money can be appropriated for the
sole purpose of paying the officers & soldiers of the New
Hampshire line of which you wdll be informed by Col°
Dearl3orn, 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 Col*^
Dearborn. You are likewise to take Col° Dearborn's receipt
for the same.

To Mr Jedidiah Jewett.

State of ) In Com*^^ of Safety Exeter

New Hampshire \ May 5^^' 178 1.

Sir —

As it is necessary that a Return of all provisions now in
this State, should be made to his Excellency the Command-
er in 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 & 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 & 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 ) In Com**^® of Safety Exeter

New Hampshire \ May4^^M78r.

To Col^ 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"^ 178 1.
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 & 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 2y^^
of January last. You will represent to the Selectmen the
absolute necessity of an immediate Supply or the Army

546 COMMITTEE OF SAFETY.

must infallibly break up & we cannot doubt but every
friend to the common cause will exert himself at this criti-
cal time.

To Capt E. Giddinge & ) 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 & obtain certain
information what number of Cattle can now be had & make
return of the same to the Gen^ Court on the first day of
their next session. It is likewise necessary that returns
[p. 6y.'] 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 Jan^' last & in whose care & at what places the
same now is — Agreeably to Directions sent you the 5^^
instant.

Francis Blood Esq ColF Gen^
Beef Cattle.

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.

Col^ Samuel Hunt.

LETTERS, ETC. 547

In Committee of Safety Exeter May 20^^ 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. 6^^ which we have had against him is one John Law-
rance, who was apprehended & brought to this place some-
time past (Lawrance acknowledges himself a Deserter from
Col° 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 & there (mentioning the
particular place, House &c) informed him that he had one
hundred Thousand pounds Counterfeit money which he had
received from Rivington & 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 & their Characters to us unknown, v/e have
thought proper to send them to you to be conducted with
as you shall 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 &c.

I have the honor &c.

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 arc 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 &
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, & has procured one Danford a Soldier to make
oath to the same. Danford has been with the Com*®^ &
asserts that at the time of his making Oath he was intoxi-
cated & 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 & 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.] State of ) 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 if they can be spared — if not you
are to apply to Col^ Joshua Wentworth for a draught from
the Militia to serve as an Escort to the said Prisoners.

I am &c.

M. Weare Presid*
Capt M. Woodward Coms^ Prisoners.

LETTERS, ETC. 549

State of ) In Com*"^^ of Safety Exeter

New Hampshire) July 5^^ 1781.

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 Conv^'" of Safety July 5^^ 1781.

Sir

You are hereby directed to proceed in searching for
Isaac Walker & W^ Putney of Hopkinson — Michael Ames
& Israel Rand of Warner, James Kelley of Stratham &
James Randall of Chester or Nottingham, who have lately
deserted from Capt Eben^' Bearings Company stationed at
[p. 71.] Piscataqua Harbour — And if they can be found to
secure & return them to the said company. And all officers
Civil & Military are hereby required to give you their aid
& 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 & Tallow — And that 45,000 lb. be sup-
plied after that on the 11^'' 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 &
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 delivered at the
Army on the 11*^ day of August with the greatest punc-
tuality— And a like 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 & it appears of the greatest importance that it should
be complied with, with the utmost exactness & punctuality.

I am &c.

M. Weare.

Francis Blood Esq. Coir^' 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 & 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 & 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 ) 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, & Charge
the expenses attending the same to the United States.

M. Weare Presid

To Noah Emery Jun'^' Esq.

Assist* D. O. M.

State of ) 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 I 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 ) In Com*«« of Safety

New Hampshire j 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 & Continental Officers cannot be conveniently had,
to try them — to apply to such Militia Officers in Col^ 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 Ebenezer 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 ) In Com^ee ^f 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, & 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 & 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*^ 1781.

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 &c & that the
people in that part of the Country are much alarmed & 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 & to put

554 COMMITTEE OF SAB'ETY.

them under the Command of Col*^ Johnston agreeably to
former Directions given you.

M. We ARE

To Col^ Timothy Ellis, Commander of the late Col^
Bellow's Reg*^ CoP Israel Morey, CoP Jon^ Chase
& CoP David Webster.

[p. yy.'] Exeter July 28^'^ 1781.

Sir,

I have received your favors of the 23^^ & 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 Col^ 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,
& 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. yS.^ 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 & to
Congress or such other methods taken as the necessity of
the thing may require.

I am &c.

M. Weare.
Col*^ 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 Coms^ Issues
at Portsm^.

State of ) In Com^«^ of Safety

New Hampshire ] 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 I In Com*'-^*^ of Safety Exeter

New Hampshire \ August 10*^ 1781.

Gentlemen,

We have received your Petition by Col^ Page and ob-
served the Contents — are sorry to find that the enemy have
made an Incursion into your Quarter. We have consulted
Col'^ Page & Joseph Whipple P2sq. respecting the matter &
have directed a Company of thirty men to be raised for a

55^ COMMITTEE OF SAFETY.

scouting party to serve untill the first day of November
next unless sooner discharged. We have appointed Col''
Page & Joseph Whipple Esq to see the men supplied with
[p. 80.] provisions &c. 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 3^our projDortion of Taxes.

M. Weare Presid*
Selectmen of Conway.

State of ) In Com^^^ of Safety

New Hampshire j Exeter Aug* 10*^^ 1781.

You are hereby directed to enlist a Company of thirty
able bodied effective men well armed & 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 & authorized to appoint two Serjeants & two Cor-
porals— You will be entitled to the same Wages &c as
officers of your Rank in the Continental Army, and you
may assure the Men that they shall have the same pay &
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 Col*' David Page And Jo-
seph Whipple, Esq. or either of them — as the men are to
be raised for the immediate protection & 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 ) Aug^* 10^^^ 1781.

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 &c 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 Col^ David
Webster has sent on to your care the njien 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*.
Col^ 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 10*^^ Ult^ says that
he & 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 & yourself to the General Court —
that they were immediately laid before Congress & 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 &
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 & support of the Counties of Cheshire &
Grafton.

CoP Tim« Ellis.

State of I In Committee of Safety

New Hampshire j 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 Coms^ 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 &c
John Hopkins Esq Dep*y Coms Pris^^'^

[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 & 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 &c

John Calfe Esq^

State of ) In Com*^« of Safety

New Hampshire ] Exeter August i8^^ 1781

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 & 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 ) In Com*^*^ of Safety

New Hampshire j Exeter Sept 11"' 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.] & 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 ) In Committee of Safety

New Hampshire \ Exeter 11*^ Sept^' 1781.

To Col«

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.
By the 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 &
Soldiers which may be raised from your Regiment with the
times they Marched.

M. Weare Presid*

To Colonels Wentworth, Evans &c as mentioned
in the Act passed 4*^ July 1781

Copy.

LETTERS, ETC. 56 1

State of ) In Committee of Safety

New Hampshire \ Exeter 13^'^ Sep'^' 1781.

To Daniel Raynolds Esq. Lt Col^ Comd*^

Sir —

You are hereby directed to repair to Springfield by the
25*^ of this Instant and there to receive & 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 j Sept 14*^ 1781.

To John White Jun^' of Haverhill.

Sir —

Whereas we are informed that you are appointed by Col^
Joshua Wentworth to receive the Rum to be procured by
the several Towns, Parishes & 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 & 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 &
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 j 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 & march forward to
Charlestown 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 Hkewise request of General
Heath that your Regiment may not be called for to the
Southward & shall send forward the men that have not
already marched to Charlestown as soon as may be.

JosiAH Bartlett Chair"^

Daniel Raynolds Col^ Commandant.
Copy.

State of ) In Com*^^ of Safety

New Hampshire J Exeter Sept 26^ 1781

Sir —

You are hereby desired to proceed to Springfield with
the dispatches for Col'' 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 & 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 ( 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 & John Bell Esqrs —

Copy.

State of I In Committee of Safety Exeter, Sepf

New Hampshire \ 2f^^ 1781.

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 & 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 your power to furnish
officers & men with barracks, fuel & 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 &c 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, & 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 ) 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 Col** 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 Col** Hunt from time to time such quantities
[p. 93.] of Beef & 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 I In Com*^*^ of Safety Exeter

New Hampshire \ 27"' Sept^' 1781.

Sir —

On your arrival at Charlestown you will call on the con-
tinental issuing Commissary there for supplies of provisions
&c agreeably to Gen^ Heath's order, a Copy of which we
have sent to Col^ Hunt — if you are not supplied in that way,
you will call on Col^ Samuel Hunt for provisions, ammuni-
tion barracks &c &c 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^ Col^ Comd*.
Copy.

566 COMMITTEE OF SAFETY.

State of ) In Committee of Safety

New Hampshire \ 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 Col^ Hunt to supply them with provisions as
Issuing Commissary in case there is no Continental Issuing
Commissary there & if there is not any continental store
there, we have desired him to call on Esq Blood for beef &
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 Col*^ 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 & direc-
tions from time to time as you may judge necessary.

JosiAH Bartlett ChairnV\
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 Col*' Raynolds with the men under his
command to march immediately to Charlestown. We have
wrote to CoP Hunt to call 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 Col^

LETTERS, ETC. 56/

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 & 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 ( In Committee of Safety Exeter
Hampshire ( Sepf^ 29^'' 1781.

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 & 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 probability of the enemy's movements that
way, induced the Committee to order that those men, who
[p. 98. J 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 miUtia
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
Bellows (of this State's Militia, who lives at Walpole) will
be near and will give the necessary orders in case of
alarm &c.

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*^1 781.

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. 100.] State of \

New Hampshire \ In Com*^® of Safety Exeter

Oct 6^'' 1 78 1

Sir —

Your letter of the 2^^ Instant we have received & 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 Col*^ 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 &c 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 &c.

I am

Your most Ob* Serv*

JosiAH Bartlett Chairm^
Col*^ Sam^ Hunt. Copy.

State of I 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* Col° Raynolds were ordered to that place in conse-
quence of a Letter from General Heath of the 17*^ ult*^ In
[p. loi.] 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 } In Committee of Safety,

New Hampshire ) 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 Col^ 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, Preside

State of "i

New Hampshire > 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 & 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 & Joseph Whipple Esquire.
Copy.

[p. 104.] State of I 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 Comss^' Pris'^'^

[p. 105.] State of ) 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 Comss^.
Copy.

572 COMMITTEE OF SAFETY.

State of } In Committee of Safety

New Hampshire J 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 Bearing) and deliver them to the Commissary of
Prisoners there, The Orders of the 25^^' Instant for paroling
them notwithstanding.

Capt Moses Woodward Coms^ Pris^*
Copy.

[p. 106.] State of \ In Committee of Safety

New Hampshire \ Exeter Nov^ 2^^ 1781

Sir —

The Bearers Josiah Harris Esq & 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.

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.

L.S.

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 & 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 & 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 a}ite, 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. II, pp. 178, 179.]

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. The British 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 very
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 sufficient 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 ease my
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 judgment : And have the honor to be

Your most obedient and very humble servant

Matthew Thornton.

The Honble Meshech Weare, Pres.
of the 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 7;iefnory of Col. Alexander Scarnmel— probably writ-
ten by Mr. Thornton,

Ye weeping Muses, Graces, Virtues, tell
How all-accomplished Cornel Scammel fell ;
You, nor afflicted heroes ne'er deplor'd
A loss like 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. 129.] 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 &c.

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 &c for the County
[p. 137.] of Grafton. This is therefore to desire you to deliv-
er all the Records, Files & public Papers belonging to said
office into the Custody of the Hon''^'' Charles Johnston Esq.

M. Weare.

Israel Morey Esq. Copy.

5/6 COMMITTEE OF SAFETY.

State of \ In Committee of Safety

New Hampshire j 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 & 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. O. M. Gen^. Copy.

State of ) In Committee of Safety

New Hampshire j Exeter Jan. 26*^ 1782.

Sir —

You will receive herewith a letter directed to Col^ 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 Col^ Hatch to receive the whole of what
may be in M'^' Barretts hands belonging to this State & give
a Receipt for the same as part of this State's quota of Rum
raised for the use of the United 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. O. M. Copy.

LETTERS, ETC. 57/

State of ( In Committee of Safety

New Hampshire \ Exeter Feb^' 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 & examine all vessels & small Craft of every kind
that may enter the Harbour & 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 & 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 & Fay are gone to Congress
from Vermont. 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 &c.

M. Weare

Hon. S. Livermore Esq. Copy.

[p. 141.] State of ) In Committee of 'Safety

New Hampshire j Exeter Feb^ 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 CoP Hunt, Capt Goldsmith,
Mr Nath^ Bingham & Capt Burt. Copy.

State of ) Exeter Feb^ 23^^ 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 & 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 1780 this State made provision (by their Act of the
29*^ of April 1780) for calHng 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 Jan^ 27*^ 1781 for raising the
sum of ;^ 1 20,000 in Bills of the new Emission for the sup-
port of the war & 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 & 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 1781.

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^
178 1, 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 & Parishes & 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 & 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 &c.

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 j Concord March 20^^' 1782

Sir —

You are hereby authorized & requested to Rent out for
one year from the first day of this instant March, the Lands
of Absentees &c 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 j Concord March 26*^ 1782

Gentlem^ —

You are hereby authorized & 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

& 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 Beet 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*.

Col'^ Samuel Hunt. Copy

LETTERS, ETC. 583

State of ) In Comt«« 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 & 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 ) 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 Col^ Jonathan Greely of East Kingston in the County
aforesaid has been guilty of sundry Practices inimical to
this & 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 & Seal on the day
and date above mentioned —

JosiAH Bartlett, Chair.
Copy

[p. 151.] State of I In Committee of Safety

New Hampshire J Exeter April 5^^^ 1782.

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, Preside

* To Capt Jerem^ Fogg at Exeter
Capt Isaac Frye at Amherst
Capt Benjamin Ellis Charlestown

State of ) In Committee of Safety

New Hampshire ) Exeter April r2*'\ 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 & 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 &
stand bound unto Nicholas Oilman Esq Treasurer of said
State in the sum of one thousand Pounds lawful Money to
be paid to the said Nicholas Oilman 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
& Administrators jointly & 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 &
eighty two. The condition of this obligation is such that if
the said Jonathan Oreely 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 & 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 Oree-
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 & Delivered

in presence of us — Jonathan Greeley [L S]

James Carr Nath^ P'olsom [L S]

Jere : Fogg Jun^' Sam^ Folsom [L S]

Copy.

586 COMMITTEE OF SAFETY.

State of ) In Committee of Safety Exeter April

New Hampshire j 20^^ 1782.

Sir —

You will issue provisions to the Recruits now raising in
this State in such Quantities & at such times as may be
requested by Capt Fogg who is muster Master 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 ) In Com^*^*^ of Safety

New Hampshire ] 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 all 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 Col^ 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 Col^ 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 I In Com*^® of Safety

New Hampshire 3 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 I In Committee of Safety

New Hampshire \ Exeter May 4"' 1782.

To Nicholas Oilman 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 Col^ 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 & use every precaution to pre-
serve it from their attempts ; and detect any suspicious
person or persons whomsoever.

With respect
Your Hum^i<2

Serv*

The H.
John

3nble

Langdon

Esq.

M. Weare,
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 Continental 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 & to receive and forward them to Camp —
You are therefore desired by the Gen^ Court to Continue
the persons already appointed as Muster Masters for that
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 & 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 & to give certifi-
cates for the same.

M. Weare, Pres.

Capt Benj. Ellis or

CoP Sam^ Hunt Charlestown Copy

[p. 160.] State of ) 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.
You 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 Charles Johnston Copy

State of ) In Committee of Safety

New Hampshire ] Exeter July 12*^ 1782.

To Col«

Pursuant to a Vote of Council & 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 & Directed immediately

to raise by enlistment 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 & Rations as Soldiers in the Continental
Army. You are to make return of the men raised & sent
from your Regiment to the Committee of Safety as soon as
may be.

Copy M. Weare, Presd*.

State of 1 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 j^rocur-
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. 59 1

allowing to each town sixty pounds for each Certificate of a
Recruit by them procured & 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 ) In Committee of Safety

New Hampshire ) Exeter July 20*'^ 1782.

Sir —

You are hereby authorized & 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 & Places in said State
& to give Certificates for the same

M. Weare Presd*

Capt Frye &
Capt Ellis &
Capt Fogg. Copy.

State of ) In Committee of Safety

New Hampshire J 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 I 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. VV.

To Mr Jedediah Jewett.

State of \ 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 & Horses are taken into Custody
& 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 &
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^^^ Ulf^ by M^' Balch has been laid
before the Committee of Safety. They are much alarmed
& greatly concern' d at the situation of your affairs & the
Temper and Disposition, which by the most wicked arts is
fomented & 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 & to convince the People how grossly they are im-
posed upon by crafty & designing Enemies who compass
Sea & 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

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 I 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
& 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 & [ Coll'^ Beef Cattle

M^" J Jennison ) Copy

[p. 169.] State of ) In Committee 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 &c in order that a general
account of the whole may be made out by the State.

M. Weare, Presd.

To P>ancis Blood Esq. Copy.

State of I In Committee of Safety

New Hampshire \ 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 Sullivan Dep. Sheriff

County Strafford. Copy

[p. 170.] State of ) In Committee of Safety

New Hampshire \ Exeter Aug. 23*^ 1782.

Sir —

You are hereby appointed & 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 and 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 j 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 & 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 I In Com**^^ of Safety

New Hampshire ) Concord Sept 13^^ 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 ) In Committee of Safety

New Hampshire \ Exeter Sept. 19^^ 1782.

Sir —

Whereas application has been made to this committee by
Col"^ 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

59^ COMMITTEE OF SAFETY.

[p. 172.] State of ) In Com*'^^ of Safety

New Hampshire ) 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 &
acquit to this State your Right & Title to the Excise on
Spirituous Liquors in the Counties of Hillsboro Cheshire &
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 & 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 & settle the account.

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 Col''
Joshua Wentworth Col^ Stephen Evans, CoP Jonathan Moul-
ton Col^ Nicholas Oilman 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
& 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 & Generous Ally now in said
Harbour.

M. Weare, Presd.

Maj. Gen^ Nath^ Folsom Esq. Copy

State of I In Committee of Safety

New Hampshire ) 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 obliged 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 1 In Committee of Safety

New Hampshire ] Exeter 27*^ Sept. 1782.

To the Trustees of Dartmouth College
Gentlem^

This Committee having read & 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 & 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 j 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 &c 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. 60I

American Vessels are requested to let them pass unmo-
lested.

Copy.

M. Weare, Presd*.

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 I 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 & 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 & 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*.

Col^ George Reid.

State of ( In Committee of Safety

New Hampshire j Exeter Ocf^ 19"' 1782.

Sir —

You are hereby desired to deliver to M'* Jedediah Jcwett
or his Order all or so many of the beef Cattle as have been
collected by you or your Deputies, and at such time & place

602 COMMITTEE OF SAFETY.

within your District as he shall request taking his Receipt
for the same.

M. Weare, Presid.
To Francis Blood Esq.
& to Capt John Jennison Copy.

State of j 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 & to make Returns as therein directed.

M. Weare Presid*.
Major Caleb Robinson

Muster Master Copy

[p. 177.] State of / In Com*'^^ of Safety

New Hampshire j 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 Comis^.

State of ) In Committee of Safety

New Hampshire ] 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 I 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 & joining the enemy & returning to this State without
leave.

Copy. M. Weare Pres.

Simeon Ladd, Gao.
Keene

[p. 178.] State of I In Comt^^ of Safety Decent

New Hampshire j f^' 1782.

Sir —

You are desired to collect w^hat beef Cattle you or your
Deputies have on hand belonging to this State & send them
to Exeter as speedily as possible.

M. Weare Pres.
Francis Blood Esq
Capt Jennison
Col^ Joseph Badger Copy

State of ) In Com*^^ of Safety Exeter Dec'^

New Hampshire ] 7^'' 1782.

Gentlemen —

As you have had the Settlement of the Sub-Clothier &
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 & see whether the

604 COMMITTEE OF SAFETY.

same is charged in the manner in which you have settled
with the others & agreeable to the Votes of the General
Assembly for that purpose & report your opinion to this
Comtek

M. Weare Pres.

To the Board of War Copy

State of } In Com*^^ of Safety Exeter

New Hampshire j 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 j 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 & 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.

Col« Baldwin

Col*^ Hunt. Copy.

LETTERS, ETC. 60$

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 theyfrj-^ 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 ] II^^ 1783.

To Nicholas Gilman Esq : Rec'^ Genl

Whereas it appears in settling the Accounts of Mr,
Jedediah Jewett !or 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 ) 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^^' IJlt^ 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 & 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 & Respect
Your obed* & Hum^^ Serv*.

M. Weare, President.

His Excellency John Hancock, Esq

Copy.

* See State Papers N. H., Vol. VIII, p. 971.— Ed.

LETTERS, ETC. 60/

Exeter, ]\Iarch 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* & Hum^^^ Serv*

M. Weare, Presid*
Hon. Jonathan Warner, Esq.

Copy

Exeter, March f^\ 1783.

Sir — When I had the honor to receive your favor of the
18*'^ of December in which you nominate Stephen Gorham
Esq : for Commissioner to settle the accounts between this
and the United States, &c. Our General Assembly was
[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 & Hum^-^ Servt

M. Weare President
Hon^'^^ Robert Morris Esq : Copy.

State of New ) In Committee of Safety Exeter i\Larch
Hampshire ) 13, 1783

Sir,

You are hereby authorized & 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 & 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 make
Return of your Doings to the General Court or Committee
of Safety as soon as may be.

JosiAH Bartlett Chair.
CoP Samuel Chase, Litchfield,
Copy.

TT K- [ In Com^^^of Safety Exeter March 21^* 1783-

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* & Hum^^« Serv*

M Weare Presid*
Gen^ John Stark Copy

Hampshfr^ | ^^ Com^^« of Safety Exeter April 4, 1783.

Sir,

As Col'' 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 lo, 1783
Sir,

I have the honor to inform your Excellency that the
Hon^^^ Nicholas Oilman Esq^ who was appointed by the
Hon^^^ Congress Loan Officer for this 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* & Hum^i^ 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.

6lO 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, Preside

[p. 7.] 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 SettUng with their
Troops, supposed the Paymaster paid them their wages in
Continental money to Jan^ 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-
ino-ly made up Depreciation to the three Battalions of the
New Hampshire [troops] those in Maj^' Whitcomb's Corps,
and in CoP 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 & 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 & 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 ^£225, 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
1780 and 1 78 1 was passed in consequence of General Recom-
mendations of Congress for the Several States settHng 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 14*^ 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, &c.

M. Weare, Presid*.
Mr. John Pierce, Paymaster Gen^
Copy.

6l2 COMMITTEE OF SAFETY.

State of New | In Committee of Safety, Exeter, July ii*,
Hampshire \ 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 &c. at the Forts Washington, Sullivan & 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 & Platforms you will dispose of agreeable to the vote
of the General Assembly of the 20*^ of June 1783. The
Ordnance & public Stores &c. 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 18 June last.

M. Weare Presid*.

Geo. Gains, Esq^ &

M'^ Nathi Folsom j Copy.

State of New I 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 & 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 &
Samuel Thing Jun^ Jonathan Quimby, OUver Thurston,
Stephen Leavitt & Oilman 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 ] 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 ) In 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

6 14 COMMITTEE OF SAFETY.

for the deficiency of said five men upon their paying for
the deficiency of one man & all necessary charges.

Copy. Nath^ Folsom, Chairm^

State of New ) In Committee of Safety, Exeter August 9*^
Hampshire ) 1783.

Gentlemen — You are hereby requested to inspect the
salt beef belonging to this State and now in the Custody of
M^' Bickford Issuing Coms^, 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 & M^ Nath^ Folsom.

Copy.

State of New I 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, Aii-
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 & repass without molestation for that purpose untill
further order.

Copy. M. Weare, Presid*.

State of New ) In Committee of Safet}^ Exeter, Aug^* 29*
Hampshire j 17S3.

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<^ II*^
Hampshire ] 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 Col^
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.

1. 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 & John Wentworth, Esq'" or either of them
for the County of Strafford.

Gen^ Nichols & Capt. Josiah Crosbie or either of them for
Hillsboro'.

Mr. Daniel Kingsbury & Capt. Josiah Richardson or
either of them for Cheshire.

Col'^ Cha^ Johnson & Moses Dow Esq'" or either of them
for Grafton.

Gen^ Folsom & Noah Emery jun'^ or either of them for
Rockingham.

6l8 COMMITTEE OF SAFETY.

[p. 1 6.] State of New Hampshire

In Committee of Safety, Exeter, Nov^' 21^* 1783.

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. 17.] 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 Jan>' 3^ 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 &c 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 settle Accounts between the United States and this State
who calls for the Accompts and should we not be able to
exhibit them properly settled & 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 settled.

I am &c
Copy.

Concord, Jan^" 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 Col° 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 ace**, 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 ace** as far as you may have been concerned respect-
ing raising &c. 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 &c.

[p. 18.] State of New Hampshire

In Com*«e of Safety, Exeter Jan^ 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 &
Jn^ Holland in the County of Hillsborough, Richardson in the
County of Strafford & 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 ] 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^ & others.

Copy.

[p. 19.] Exeter, May I4^^ 1784.

Sir — Your favor of the 11*^ 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, &c

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, &c., 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 I5^^ I773.
Sir —

/ am to request an exact list of the nitmber of inhabitants

in the town of , distinguished into different Ranks or

Classes, according to the schednle below, — which I shall be
glad to have returned to me, authenticated as soon as possi-
ble.

John Wentworth.

T3
C

« o

•4->

B o

"IS

C/3

£ 2

o ^

-4->

o
H

> 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.]

CENSUS OF 1773.

625

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■^"= =

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636 NEW HAMPSHIRE.

Summary of the Census of 1773, by Counties.

Cowities.

Towns.

Population.

Slaves

Rockingham Co.

3A^707

466

Strafford Co.

10,826

102

Hillsborough Co.

13,514

Cheshire Co.

9,496

Grafton Co.

Total,

25
138

3,549

72,092

674

CEE"SUS 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 the editor expresses his opinion
that " slavery in New Hampshire was virtually and in effect abolished"
by the adoption of the constitution in 1784, and particularly by Xh^ first
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 ^^'J.'^ 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 following is the exact form of the order for the census :

*See Prov. Pap. N. H., Vol. VII, pp. 168-170, and Coll. N. H. Hist.
See, 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
parish, 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.

Se7tt tip for Concurrrence,

Christopher Toppan, Speaker, P. T.

In Senate, the same day read and Concurred,

JOHN LANGDON, President.

A true copy.
Attest, Joseph Pearson, Deptity Secry,

CENSUS OF 1786. 639

OEB'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 \ men

ATKINSON.

State of New Hampshire ) Agreeable to a resolve of the
Rockingham, SS. ) 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. 500.

Atkinson, May 24*^ 1786.

Peter Clement ) Select 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 > 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 ) Selectmen

Benj^ Long > of

Stephen Dearborn \ Chester.

CONCORD.

State of New Hampshire 1 Concord, April I8*^ 1786.

Rockingham SS. \ 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

5 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 \ 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 5^^ 1786.

Seth Fogg \ Selectmen

David Lawrence Jr. j of Epping.

[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 3I^^ 1786.

Trueworthy Oilman ^
Eph"^ Robinson
Gideon Lamson
Elip* Ladd
Joseph Cram

)> Selectmen.

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 ) Selectmen of
Joshua Weeks j Greenland

HAMPTON.

State of New Hampshire
Rockingham, SS.

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. S66 Whites & i Black.

Hampton, April i^* 1786.

Daniel Philbrick ^
Joseph Dow Selectmen

Cotton Ward V of

Simon Nudd [ Hampton.

Philip Towle

CENSUS OF 1786. 643

HAMPTON FALLS.

State of New 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 I
May the 12*^ A D 1786 )

569 Nath^ Hub^ Dodge J 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 301

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 N^W 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 ) 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 / ^ 1 ^
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 5> 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.

r n Robert Stuart ) Selectmen of

[343] MarkWhittier Newtown.

Abraham Kinne )

Newtown, June 3, 1786.

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 1 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.

659 Stephen Page l ^ ] t

Tristram Rodman

NOTTINGHAM.

State of New Hampshire ) Nottingham, June i^' 1786

Rockingham SS j 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 > Selectmen
[1015 Nath®^ Goodhue )

II]

PELHAM.

Pelham May 2f^ 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 875

James Ferguson f for Pelham

Daniel Richardson / Select men

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 w^hites, also
three Blaks which is the true and whole Number of all ages
sex and condition.

Stephen Bartlett

991

T T\/r ( Selectmen.

James Man

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^ 11 ; 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 ) PopHn.

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 J^ 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 29^^ 1786. David Norris j 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

Nathan Goss

Neh^ Moulton I> 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 Proceded 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 J 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 5"', 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 followeth : Whites 450

Blacks 002

Richard Sawyer ) c i 4.

■o -o I Selectmen.

Benjam : Barnard j

STRATHAM.

To Joseph Pearson, Esq. D. Sec^'5'.

Agrable to a Resolve of the General Court pass^ March
3^^*^ 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. ^ Selectmen
NicH. Rowlings > of

Stephen Piper 1 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 \ Selectmen.
Windham, June y® 2^^^ 1786 Ja^ Davidson

[Summary of returns from Rockingham county, by the Editor.]

Towns.

Whole
Number.

-r3 c/5

Din

Other persons.

Allenstown,

175

Atkinson,

500

Candia,

959

23 " not free citizens."

Canterbury,

857

■^

Chester,

1,757

Concord,

1,397

5 " other persons."

Deerfield,

1,283

East Kingston,

420

Epping,

1,340

7 blacks.

Exeter,

1,592

Greenland,

655

Hampton,

866

I black.

Hampton Falls,

569

Hawke (Danville),

301

Kensington,

798

[bered."

Loudon,

822

" No blacks to be num-

Newington,

456

20 blacks.

New Market,

1,172

Newtown,

343

Northfield,

349

Northwood,

575

North Hampton,

659

Nottingham,

1,015

II negroes.

Pelham,

875

Pembroke,

991

3 blacks.

Pittsfield,

598

Plaistow,

551

Poplin,

500

Portsmouth — " whites,"

4,133

89 blacks.

Raymond,

786

Rye,

653

2 other persons.

Salem,

1,075

Sandown,

521

Seabrook,

668

South Hampton,

450

2 blacks.

Stratham — " whites,"

894

13 blacks. [masters.

Windham,

583

9 blacks living with their

Total,

48,431

185

_4n

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

Samuel Nelson ]■ Selectmen.

Ebenezer Adams

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 ]> Sclcct 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 ) ^ i ^
V, - e \ Selectmen

Eben'^ Smith (

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 ( men

654 NEW 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 S 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 ^re as follows, viz —

1636 Whites
3 Blacks

Joseph Badger jun ) Selectmen
John Shepard > 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 > ^ ec men

Joseph Chesle )
Lee, y^ 2f^ May 1786.

CENSUS OF 1786. 655

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 ) c i
Madbury, June i^ 1786. Eben^' Demerit ' Select

[585] Timothy Young

men

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 Oilman

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
hp.ve Numbred all the Inhabitents found there to be four
hundred. [400.]

Elias Smith | ^ ,

April I3«^ 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 ]\Iarch 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 S^\ 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. ) 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

J. Gilman ) Select

Thomas Colby J men
Sandwich, June y® 6*^ 1786.

CENSUS OF 1786.

657

TAMWORTH.

Tamworth 29^^' May 1786.
agreeable to a Resolve of the general assembley passed
the thiird 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 V 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
Jacob Wiggin

Attest

Select Men.

[Summary of the County of Straiford.]

Whole

Towns .

Number.

" Other persons."

Barnstead,

568

Barrington,

990

Burton,

Dover,

1427

Durham,

1230

Eaton,

138

Effingham,

^ I negro girl — " cripel."
I I aged gentleman — town

Gilmanton,

1636

3 blacks. [charge.

Lee,

956

Madbury,

58s

Meredith,

572

Mouhonborough,

400

New Durham,

242

Rochester,

2453

3 negroes.

Sanbornton,

1 107

Sandwich,

653

Tamworth,

287

Wakefiekl,

505

Total,

13,877

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 John Duncan )

, _ Thomas Slader > Sellect men.

Rcc^ 22 June ^^^^ ^iyes )

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 ^ ^
T, „ T^ Select men

TiM^ Fletcher I r

Nath^ Stone i a1 t d
Natha^ Cooper J

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.

[1012] Sam^ Wilkins ^

Eli Wilkins
Tho^ Wakefield
Joshua Lovejoy j

> Selectmen.

CENSUS OF 1786. 659

ANDOVER.

Andover June 12^^ 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 J 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 yyS. Also 7 of the other
class.

JOSIAH GiLLIS { a ^ 4.

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 "^2^.

George Jackman

Benj^ Sweat Jun. \ Selectmen

Benj^ Jackman

Boscawen, April 15, 1786.

CHARLESTOWN.

0 J3

'0 C

6 6

C
bJO

biO

(L)

en "^

^ .^ 0

>.^

12; 'iz; V5

iz;

0 <u

0 1— 1

boys 16
under

0 5^

en ^

Whole
males

Whole^
female

Whole
white
itants

(J
s

177

141

101

247

293

507 461

968

The above is a true return of the Inhabitants of Charles-
town taken in April 1786 agreeable to a resolve of the
General Assembly for that purpose.

Attest Wm. Heywood ) Selectmen of

Simon Sartwell \ 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 \ 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

John Goffe \ Selectmen
Isaac Huse
Witness our Hands
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 > 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 followeth (viz) five hundred
fifty and four. Other sex's none.

[554] Jacob Adams

David Alld \ Selectmen
Dunstable April y® 6*^ 1786 Joel Lund

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

James Badger J> Selectmen.
Ben" Lewis

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 (?) Williams > Select Men.

William Gunnison )

GOFFSTOWN.

June 5*^ 1786. The Number of the White Sittisons in
the town of Goffstown is as followeth — one thousand forty
eight. And the Blacks is fifteen in number. 1048 Whites.

15 Blacks

Jo'' D«^^ I Selectmen.

John Butterfield J

CENSUS OF 1786. 663

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 ^ 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 Ames J 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 S66 Number of Inhabitants.

Benjamin Mann ) Selectmen.
JoTHAM Webber )

Mason, April y^ I0*^ 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 ^ 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 Hilsbiirrow
the Holle Nomber one Hundred and Twenty Eight of white.

128 James Pra? ) 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 J 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 General 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

Walter Ames

S. Gragg,

David Ames

J. henecy

And^ Conn

Sam^ Milliken

Jam^ Milliken

Reub'^ Law

Lt. McAllaster

Mr. Attwood

John Taggart

Abijah Spafford

Wm. Taggart

And^ Law

Josiah Sawyer

N. Boynton

James McNee

G. McCoy

Joseph Barnes

J. Swan

Jos^ Barnes jun

Sam^ Clark

John Chamberlain

Cap* Taggart

Joseph Miller

David Moor

Joel Adams

James Moor

Abraham Amsdon

Jaremiah And"'^

Benjam Becon

Reuben Cummings

Aaron Colman

Total 175

175 Soles in Peterborough Slip.

CENSUS OF 1786. ^(y'J

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 I

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'*. It was Desired that we the Select men of Society

66S 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 [i57-]

Alexander Parker ) Selectmen
Test Isaac Butterfield j of Society.

SUTTON.

State of New Hampshire ) Prosuent to warm* to us de-
Hillsborough SS. ) 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 I Select
Witness our hands Asa Nelson \ men

for Sutten.

[Note. Another return from Sutton, signed by Caleb Kimball, Dan-
iel Meker, and Asa Nelson, makes the number 233- — Ed.]

TEMPLE.

State of New Hampshire ) Temple, June 5"^ 1786.

Hillsborouo'h. SS. (

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 > men of

Archelaus Cummings 3 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 jl Selectmen
Jonathan Burton j of Wilton.

Wilton, May i** 1786.

6/0

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 " of the other class."

Boscawen,

827

4 negroes.

Charlestown,

968

Chesterfield,

i»535

Cornish,

605

Derryfield,

338

Dunbarton,

74J[

Dunstable,

554

"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

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

Raby,

262

Salisbury,

1,045

Society Land,

157

Sutton,

337

Temple,

701

Weare,

1,574

Wilton,

1,001

5 blacks.

Total,

25,933

CENSUS OF 1786.

671

COUNTY OF CHESHIRE.

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

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

Croydon, May 22*^ 1786.

John Cooper
Edward Hall
Benjamin Powers

To the Secretary of the State
of New Hampshire.

[381]

Selectmen

DUBLIN.

May the 26"\ 1786.
In compliance to a Resolve of the General Assembly
sent to us Respecting Numbering the Inhabitants &c.

6/2

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 fob
owes

females from 16 and under 113

females from 16 too 21 16

females from 21 and upward 72

males from 16 and under y8

males from 16 too 21 7

males from 2 1 and upward y8

364
One Black.

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. 1 122. 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]

Attest Wm. Cary ) o 1 .

Shubael Kurd j Selectmen

Lemster May y® 29^^ 1786

MARLBOROUGH.

Agreable to the Resolve of the General Cort for taking
43

6/4 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 \ Marlborough

Marlborough, May y® 25, 1786.

MARLOW.

State of New hampshire — town of Marlow. According
to orders of the General Court We the Seleci-men have
Numbered the men women and children of this town 252.

Lemuel Miller J Selectmen
Silas Mack > of

RuFUS Huntley ) Marlow

NEW GRANTHAM.
, May i«* 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 > 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 1 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 J 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 'J

Champin Spalding > Selectmen

David Perry J

Plainfield May y« 8^ 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.

e^6

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
RuFus Whipple
James Kingsley

Selectmen

of
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]

Benj'* Foster
Asa Sherwin

Selectmen
of Rindge.

Rindge 18*^ May 1786.

STODDARD.

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

153

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. ^'J'J

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 i 4.
■n TTT f Selectmen

Peter Wright \ c c^ ^^ ^
,XT T- I 01 Stoddard.

Ward Eddy )

SWANZEY.

April 2ot^ 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 )

6y8 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.

Juney^ 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
followeth.

N« White Inhabitants 11 00

N^ of Blacks 3 •

Winchester May 15*^ 1786.

Daniel Ashley

Jeremiah Pratt \ Selectmen

Asahel Jewell

CENSUS OF 1786.

679

[Summary for County of Cheshire. — Ed.]

Towns.

Whole
Number.

Other persons.

Claremont,

914

48 **transcint persons.

Croydon,

381

Dublin,

658

Fitzwilliam,

870

Gilsum,

304

I black.

Hinsdale,

326

Keene,

1122

Lempster,

322

Marlborough,

618

Marlow,

252

New Grantham,

201

Newport,

552

2 blacks.

Packersfield,

567

Plainfield,

580

Protectworth,

127

Richmond,

1250

Rindge,

759

Stoddard,

563

Swanzey,

1000

Unity,

404

Washington,

474

Westmoreland,
Wendell,

1621
19s

Winchester,

1 100

3 blacks.

Total,

15,160

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 \ men

Dated Alexandria June 7*^ 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 ^ Selectmen.
Jehu Jones

CARDIGAN.

State of New Hamp- ) To Secretary of said State

shire Grafton SS. \ 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
127 women & f email children

Total 281

Ebe'^ Kendall

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 J 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. [ii6]

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 g^^, 1786.
Hon^^® E. Thompson Esq.

GRAFTON.

A Return of 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. 6S^

sixty six. And also those not comperhened in the forego-
ing class amounts to four

lS66 Sam^ Slade

4 Otis Freeman \ Selectmen

Stephen Benton

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 April 1786. [458]

April 1786. Andrew S. Crocker ) Select Men

Nat^i Merill of Haverhill

LANCASTER.

State of New Hamp- ) The Number of all the free citizens
shire Grafton SS. j 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 > Selectmen

Emmons Stockwell )

To the Secretary of the State of New Hampshire.

LEBANON.

Pursuant to a Resolution of the 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 22,^ 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 490

A Return of those not included in the former part of the
said Act 12 [502]

Test Shubal Dimack ) 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 lyg^ * * * * ^^gg ^YiQ 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 J 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

Geo. W. Livermore ' Selectmen.

260 inhabitants
7 transient persons

26y

ORFORD.
State o^New mmpshire j^^^ ^^t ,^^6

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 ) 5

[376]

PIERMONT.

Pirsuant to Orders Receiv'd we have Numbered the Peo-
ple and thair N*^ is as follows

Males 183 Noah Foord J

Females 170 Azariah Webb > Selectmen

Male Negroes 003 Thomas Richards )

356
Piermont, May i^* 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 & 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

Sam^ Emerson ,01 4.
William George ^ Selectmen

Eb'^ Thomson Esq''
Secretary of the State.

CENSUS OF 1786. 68;^

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 I> 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 5> Selectmen
E. Thompson, Esq. Moses Foss

WENTWORTH.

June y® 3^ 1786.

This is to sertifie 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 ] Selectmen

Benj-'^ Cotton > of
Joseph Cooper ) Wentworth

N. B. There is none in town for the
second column.

[Summary for the County of Grafton. — Ed.]

Towns.

Whole
Number.

73 W

UC/2

Other persons.

Alexandria,

291

Bath,

33S

Campton,

307

Canaan,

253

Cardigan,

Cockermouth,

281

Gunthwaite,

152

Dorchester,

116

Enfield,

484

[a term of time.

Grafton,

350

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,

295

7 other persons.

Wentworth,

168

Total,

8,344

CENSUS OF 1786.

689

[Summary of the Census of 1786 by Counties. — Ed.]

Counties.

■*->

Free inhabi-
tants.

c75

Others.

Rockingham,

32,138*

185

Strafford,

13.877

Hillsborough,

25.933

Cheshire,

15,160

Grafton,

8,344

Total,

138

95.452

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.

APPENDIX.

[Supplementary to Vol. I, pp. 4-40.]
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 SouAMScoTT or Hilton's Point Patent, March

12, 1629 (O. S.).*

III. The Dover Combination, with the names of all the
original signers, October 20, 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.

t 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 portion of Vol. I 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 not 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 unquestionable 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 Society, 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 Alle?i v. Vaughati. 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 & S^' fferdinan-
do Gorges of London Knt & 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 & 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 & Councell established at Ply-
mouth for planting &c of New England in America Did
grant unto the President & Councell & their Successors All
that part and porcon of yt Countrey now comonly called New

694 APPENDIX.

England &c &c 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 & not in Capite or by Knights service Yeelding
and paying to his Majesty the 5^^ part of all gold & silver
oare that may be obtained from the same.

Now this Indenture wittnesseth y* y^ sd president &
Councell of their full free & mutuall consent as well to
y® end y* all y® lands woodes lakes loucks rivers watters Is-
lands & fishings with all other y^ traficques proffits & com-
odityes whatsoever to them or any of them belonging and
hereafter in these p^^** menconed may be wholy & intirely
invested appropriated severed & settled in & upon y*' s*^^ S'^
fferdinando Gorges & Cap^ John Mason there heires &c for
ever, for the advancem* of y® sd plantation and other good
and Sufficient causes & considerations them especially there-
unto moveing have granted &c unto y*^ sd S*' fferdinando
Gorges and Capt John Mason their heirs & assignes & to
their Associates & such as they shall alow of & take in to
adventure & 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 & 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 a nation or nations of salvage people inhabiting up
into y^ landwards betwixt y® lines of west & North west con-
ceived to passe or lead upwards from y^ rivers of Sagada-
hock & Merrimack in y^ Country of New England afores^^
Together also w^^^ y^ lakes & 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 & 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 & vast Westerne lakes & 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 & pretious Stones

APPENDIX. 695

woods Ouarrys marshes waiters fishings hunting hawing
fowHng trade & traficque w*^ y^ Salvages & other como-
dityes & hereditam*^ w*sover w*^ all & singular their appur-
tences together w^^ all prerogatives rights royaltys Juris-
dicons priviledges franchises preheminences libertyes Ma-
rine power in & upon y^ sd rivers & lakes As alsoe all
escheats & casualtys therof as flotson Jetson & lagon w*^
anchorag's & other such dutys imunityes * * * §;r ap-
purtences w*soever w*^ all ye Estate right title interest
claime & demand w^soever w^^ ye sd President & Councell
& their Successors of right ought to have or claime in or to
y® sd porcons of lands rivers & 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 & purposes w^soever as in & by y® sd
letters patents y® same are amongst other things granted to
y® sd president & Councell aforsd Except two fifths of ye
care of Gold & Silver in these pnts hereafter expressed w^^
sd porcons of lands rivers & lakes w"^ ye appurtenances ye
sd S'^ fferdinando Gorges & Cap* John Mason w*'' ye consent
of ye President & Councell intend to name ye Province of
Laconia. To have & to hold all the sd porcons of land &c
&c. unto ye sd S^" fferdinando Gorges & Cap* John Mason
their heires &c for ever. To be holden of the Manor of
East Greenwich in ye County of Kent in free & 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 & successors ye fifth part
of al ye Oare of Gold & Silver that shall be gotten from the
same, &c ******

* *******

And y^ sd President & Councill for themselves & their Suc-
cessors doe further covenant & grant to & w*^^ ye sd S"" ffer-
dinando Gorges & Cap* John Mason their heires & assignes
& associates & by those pnts y* it shall & may be lawfull
at all times hereafter to & for ye sd S'' Ferdinando Gorges
and Cap* John Mason their Heires & assignes & their as-
sociates & y*" Deputyes factors servants & tenants of them
or any of them to have free Egress way & passage to enter
& pass into & returne from & to any of y*^ sd demised lands
lakes & rivers w*^' their Shipps boates barkes or other Ves-
sells w*^ their munition & their Cattle and commodityes of

696 APPENDIX.

w* nature soever from by & 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
81 Councell afores^ w*^ out any lett trouble interrupcon moles-
tacon or hinderance of them y^ sd President & 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 & associates in
their intended trafiques & plantacons above in y^ sd lakes of
y® Irrequois whither their goods & marchandizes from y® sea
ports are to be after landing transported it shalbe lawfull
for y™ to make choise of & take and possess for the use of
ym ye g^ gr Fcrdiuaudo Gorges & Cap* John Mason their
heires assignes & associates and their Deputyes ffactors
tennants & 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 & Councill & ye sd lands by y™
shalbe holden possessed & enjoyed as freely & with as ample
privileges Jurisdicons & comodetyes in all respects as any
other y® lands above in these puts demised & granted unto
them & further knowe yee y* y® sd President & Councill
have made constituted deputed authorized & appointed
& in their place & stead doe put Edw : Godfrey or in
his absence to any other person y* shalbe there Governo'^
or other Officer to y^ President & Councell to be their true
& lawfull Attorney & in their name and stead to enter y®
sd porcon of land & other premises w*^ their appurtences or
unto some part thereof in name of y^ whole and deliver pos-
session &c, Signed, sealed &c 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 Scale 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 fififtyeth, 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 & diverse
others whose names are expressed in the said Lres pattents
and to their successors for ever under the limitacons reser-
vacons & 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 & 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 & authority of his Maj*^^^ said Letters Pattents, and
for and in consideracon that Edward Hilton & 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* & 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 pubhque
plantacon. Have Given Granted Enfeoffed and Confirmed,
and by this their p'sent writing doe fully clearly and abso-
lutely Give Grant enfeoffe and Coniirme 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 & 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 fhshings. 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 what-
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 & Assignes for ever,
yielding and paying unto our Soveraigne Lord the King one
ffifth part of Golc? 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 & quiett possession and
seisin thereof for them to take and the same soe had and
taken in their name and stead to deliver possession & 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 Scale 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 &c

Ro : Warwicke.

Mem«: That upon the 7"' day of July Anno Dmi 163 1
Annoq : R's CaroH pri : Septimo : by virtue of a warr^ of
Attorny within menconed from the Councell of the affaires
in New England under their Comon Scale 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 TboMAS 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 & to
the falls*

Allen vs. Waldron
Feby 1704-5.

NEW HAMPSHIRE PAPERS. Vol. 47.
The Dover Combination.!
[No. HI.] (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 Knowledge.

Wee whose names are underwritten being Inhabitants
upon the River Pascataquack have voluntarily agreed to
combine our Selves into a Body Pohtique 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.— Ed.

\ 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 administered in the behalf e of his Majesty.

And this we have mutually promised and concluded 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 & Ireland Defender of the Faith
&c. 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

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.

Abel Camond
Henry Beck
Robert Huggins
Thorn Larkham
Richard Waldern
William Waldern
William Storer
William Furbur
Tho. Layton
Tho. Roberts
Edward Starr
James Nute
Anthony Emery
Richard Laham

Bartholmew Smith
Samuel Haines
John Underbill
Peter Garland
John Dam
Steven Teddar
John Ugroufe
Thomas Canning
John Phillips
Tho. Dunstar
William Pomfret
John Cross
George Webb
James Rawlins

COLONIAL STATE PAPERS. Vol. 6, No. 6S.

[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 English and amongs the rest that es-
pecially in the Mattachusetts (being the largest best and
most prospering in all that land) I haue made bold to 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-'^^^J' 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 English, soe that the Indians repaire
to the English 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 faUing 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 gouernm^ the effects whereof wilbe the utter
ruine of this hopeful! 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 seife 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-
cipal! Secretary to his Ma^^ and one of his highnes
most hono^^^ priftoe Councell these d

(Endorsed) 1632. No\;6^ 19. Relation of Capt Wiggin of
New Englan

FINIS.

INDEX OP NAMES.

The Index which follows is designed to contain the names of all the persons and
towns mentioned in tliis volume, with the page on which found. The word j)assim
indicates that a name is of very frequent occurrence, and need not in every instance
be noted. Xew Hampshire towns 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.

Ac WORTH 6, 28, 166, 238, 398, 400, 658

Adams, Aaron 630, 663

Benjamin 2, 13, 18, 631

Ebeuezer 652

Ephraim, Jr 665

Jacob 662

James 656

John 500, 628, 665

Jonathan 672

Nathaniel 619

Addison, Yt 205

Aken, John 688

Akerman, Benjamin 627

Albany county 244, 256

Albee, Abner 410

Aldrich, George 633

Alexandria 7, 166, 679

Alexander, Reuben, 27, 42, 45, 61, 394,
493, 633.

Alld, David 26,41, 45, 60, 682

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, 425, 428, 451, 453, 461, 487,
577.

Samuel 276

Mr 479

Alle>'STOWN 3, 25, 39, 165, 625, 639

Aldrich, George 678

Alstead, 5, 27, 166, 239, 394, 398, 400,
411,503,632, 658.

Alvord, Elijah 286

Ames, Jeremiah 663

Michael 549, 551

Stephen 630

Amherst. 5, 26, 166, 512, 531, 583, 616,
630, 658.

A>T)Over 5, 27, 166, 631, 659

Audover, Vt 205

Andrews, Isaac 630

Andros, Bildad 489

A>'TRIM 5, 166, 659

Appleton, Isaac 665

Applin, Chas 633

Apthorp 277, 634

Arlington, Vt 205, 399, 450

Arnold, Gen 454

Arwen, Wm 681

Ashley, Daniel 678

Oliver 394, 400

Samuel 394

Athens 399

Atherton, Joshua, 5, 16, 18, 19, 26, 35,
38, 42, 45, 54, 57, 60, 100, 102, 110,
143.

Atkinsox 3, 25, 165, 529, 625, 639

Atkinson, T., Sec 210

Samuel, Capt., 330 ; Col., 524

Atlee, Mr 342; Sam. J., 351

Atwood, David 679

Austin, Elijah 628

Nicholas 4, 19

Averill, Yt 206

Ayer,J Jno 647

Bachellor, Breed 633

Henry 645

Jethro 626

Nathaniel 625

Badger, Janies 662

Joseph, 3, — notice of, 10,-16, 19, 34 ;
Col., 595, 603, 654.

Bailey, Asa 413

Favor 494

Brig. Gen., 251; Jacob, 324, 327,
336, 337, 339, 344, 377, 379.

James 241, 286, UO ; 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 277, 286

Ephraiia 632

Thos 286

Col 604

Ball, Natli'l 630

Bauvar , Geo 243

Barnard, Vt 399

Barnard, Benjana 650

Moses 641

Barnet, Vt 206

Barney. Jabez B 681

Baknstead 4, 26, 165, 628, G52

Barrett, Charles, Capt.,5, 16, 19, 27, 35,
42, 45, 46, 60, 631.

Isaac 410

Zadok 410

Mr 576

BAKRIXGTOX 3, 25, 165, 529, 628, 652

Barron, Wni., Capt 26, 34, 41, 45, 60

Bartlett, Adam 410

Josiah, 3,— notice of, 9,-12, 16, 18,
19, 241, 279, 287, 804, 338, 456-459,
461, 502, 561, 564-569, 577, 584, 587-
601, 605, 614, 619, 626.

Matthias 677

Stephen 647

Thos 3,— notice of, 9,-18

Col 477,646

Zadock 410

Barton, Ebenezer 625

Bass, Joseph, Maj 504

BATH.. .7, 29, 166, 240, 277, 398, 400, 634, 680

Baxter, Siraou 503

Bean, Joshua 628

^'ath'l 5,^19

Beck, Henry 'J'Ol

Beckwith, Andrew 632

Bedel, Timothy, Col. .279, 303, 318, 388,
400, 619, 634.

BEDFORD 5, 26, 166, 630, G59

Beede, Daniel 4, 18, 26, 34, 41, 45, 46, 59

D'd 629

Thomas 62.

Belknap, Jeremy, Dr., 221, 272, 485, 622, 692

Bell, Col 476

John 563, 630

Meshech 538, 612

Lt 605

Bellows, Benja., Gen,, 6,— notice of,
11,-16, i8, 365, 383, 388, 394, 411,
422. 431, 440, 442, 466, 479, 491,540,
542, 554, 566-569, 587, 598, 633;
Jr., 633.
Bennington, Vt., 204, 254, 317, 335, 384,
399.419,481.

Benson, Robert -^•^9

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 6/2

Bingham, Elijah 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

Blake, Hezekiah 643

John 626

Philemon 644

Sherburn 645

Blanchard, Augustus 631

Jonathan 241

Joseph, 2, 18, 24,— notice of, 31,-41,
45, 46, 58, 95, 273.

Mr 495

Maj 511

Bliss, Azariah 634

Blodget, Amos 409

Blood, Elnathan 630

Francis, 445, 531, 532, 536, 545, 546,
550, 552, 563, 565-570, 595, 597, 602,
6(i3.

Bolton, Vt 206

Bond, Geo 402, 406

BOSCAWEN 5, 16. 27, 166, 330, 630, 659

Eoudinot, Elias. . 406, 609

Bounds of New Hampshii-e 419

Bouton, N., Rev 623

Bow 5, 27, 165, 625

Bowden, William 701

Bowdoin, James, Hon 520

Bowman, Jonas 630, * 633

Boynton, Joseph, Lt 534, 537

Brackett, George 24, 41, 45, 58, 642

James 654

Bradford 166

Bradley Stephen R 399, 423

Brainerd, Daniel 241, 035 ; jun., 687

Isaac 634

Brattleborough, Vt 204

Bredport, Vt 205

Brextwood 3, 25, 165, 613, 625

Bridgeman, John 393

Briggs, Eliphalet, jr 632

lirigham, Oliver 409

Bbidgewater 166

Bridgewater, Vt 204

Brittan, Ebenezer 633

Brockway, Woolston 239, 401

Bromley; Vt 205

Brooks, iJenja 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

Buff um. Jedediah 676

Bullock, Hezekiah 682

Moulton 633

Sawyer 400

Bundy, Lt 443

Bun tin, Andrew 625

James 639

Burgoyne 252, 380

Burley, Joseph 682

Burlington, Vt 206

* By error, "James."— Ed.

INDEX OF NAMES.

707

Burnliam, Abrah'm 687

Burt, Joseph 411, 465

Capt 578

BuRTOX 4, 167, 274, 652

Burton, Jona 631, 669

Butler, Benja 598, 626

Butler, Thatkleus 559

Butterfield, Capt 443

Isaac 66«

Jas 631

John 662

Cadv, Ellas 632

Caldwell, Joseph 425, 428

Calfe, John. .3, 12, 18, 22, 25, 29, 33, 38,
41, 45, 59, 126, 141, 142. 152, 164,
282, 559, 625.

Cambridge 166

Camdex 630

Camond, Abel 701

Campbell, David 663

Campbl, James 667

Campbell's Goke 166

Camptox 6, 166, 274, 634, 680

Caxaax 7, 166, 235, 277, 634, 680

Canada 407

Caxdia 3, 25, 165, 625, 639

Canfield, Samuel 400, 632

Canning, Thomas 701

Canterbury 3, 25, 165, 274, 625, 640

Capron, Oliver 394, 633

Cardigan 7, 166, 235, 277, 398. 400, 6S0

Cargill, Wm 29, 42, 62

Carroll, Daniel 406

Carlton, Peter, Capt 29, 42, 45, 46, 62

Major 379

Carr. James 585

Moses 3,18

CaiTigain, Mr 273, 274

Cary, Wm 673

Cass, Daniel 400

Lewis, Gen 35

Castleton, Vt 205, 254, 399

Cates, James 629

Cavendish, \t 205, 399

Chadwick. Edmund, Dr 3, 18

Chaloner & White 508

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

Charlks, King, II 2ol, 207, 208

King, I. 701

CHARLtsTOWX, Xo. 4.. . .5, 27, 166, 226
365, 394,398, 400, 422, 455, 481, 545,
562, 603, 632, 660.

Charlotte, Vt 205

county 244, 246, 251, 256

Chase, Abner 633

Amos 633, 677

Jonathan, Gen., 6,— notice of, 11, —
18, 442, 506, 540, 554, 632.

Moses 2<<, 42, 4=*, 61, 110

Samuel, 388, 398; Lt. Col., 538, 539,
581. 608, 632.

Thomas 3, 19

Col. (of Cornish) 597

"William 647

Cheshire Co., 166; names of 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

CHE.STERFIELD. .5, 27, 166, 239,398, 400,
409. 411, 436, 466, 498, 632, 660.

Chichestkr 3, 2.5, 165, 625

Child, Ezra 680

Jona 238, 327, 634

Maj 879, 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, 450, 462, 485.

Christy, Jesse 603, 604, 609, 631

Church, Samuel : 674

Churchel, William 417

Cillev. Joseph, 25 ; Gen., notice of, 31,—
38, 41, 45, 59, 110.

Clap, Job 678

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 25, 39, 41, 45, .59, 417

Nathaniel 675

Beter 27, 42, 45, 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,

2.58, 490.
Clough, Benjamin.. . .3, 19, 26, 41, 45, 46, 59

Jere., Col 3, 19; Jr., 625

Jonathan 649

Zachariali 627

Cloutman . Elip't 652

Cobleigh, John 409

Coburn, Benj 410

William 409

Cochran, Isaac 659

John 5, 19

COCKBURN 7, 166, 635

COCKER.MOUTH 7, 634, 681

Colli n, Enoch 625

Beter 025

Cogswell, Thomas. . .25, 34, 41, 44, 45, 54, 59

Colby, Jona.. Jr 627

Moses 626

Thomas 627, 656

Colchester, Vt 206

Cole, Jonathan 401, 443

COLEBROOK 635

COLEBURX 7, 106

Colburn, Andrew 633

7o8

INDEX OF NAMES.

Colcortl, Ed wai'd 701

Colcleii, Lt. Gov., 207; Cadwallader,

208, 210, 215, 243, 328.
Collins, Charles 626

Robert 650

C0^X0RD, 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

Corinth, Vt 206

Corlis, Jeremiah 631

Cornish, 6, 28, 166, 224, 277, 395, 398,
400, 540, 632, 661.

Cornwall, Yt 205

Costelloe, John 654

Cotton, Benjamin 688

Coues. Peter 648

Coventry 7, 29, 166

Craoin, A. H 622, 623

John 5, 19, 27, 42, 45, 60 ; Jr., 631

Craig, Alexander 635

Cram, Benjamin 613

Cram, John 625

Joseph 634, 642

Cram, Nehemiah 626

Cranlield, Edw 701

Crawford, Thomas, 7, 19, 28, 41, 45, 46,
62, 685.

Creasey or Cressey, Henry 409

James 417

John 413 ; Jr., 413

Jonathan 409 ; Jr., 409

Michael 239, 409, 444

Moses 410

Crocker, Andrew S 683

James 684

Crosble, Josiah, Capt 617

Cross, John 701

Thomas 645

Croydon 6, 28, 166, 398, 400, 632, 671

Cumberland Co 246, 251, 256

Cummings, Archelaus 668

Ebenezer 4, 19

Samuel 630

Simeon 664

William 663

Currier, Daniel 641

Stephen 559

Curtis, Abel, 286; Capt 288,487

Gushing, Nathaniel 388

Cutler, Thomas 387

Cutts, John 260, 297, 308

Samuel 627

Cuyler, Jacob 504, 509, 523

Dakln, Amos, Dea 5, 19

Dalton 7, 167, 635

Dam, John 701

Dame, Geo 538

Col 617

Theodore 686

Dana, Mr 597

Danbv, Yt 205, 399

Dantord, 548

Danf orth . David 677

Daniels, Increase 410

John 410

Samuel 3

Danville 627, 643

Darling, Jewet 410

John 409

Dartmouth 7, 167, 553, 589

Dartmouth College 228, 270, 600

Davidson, James 25, 41, 45, 59, 651

Davison , \Vm 626

Davis, Asa • 666

Capt 465

Edmund 663

Ezekiel 410

Francis 631

Isaac 665

Samuel 432, 433, 436, 625

William 655

Day, Elkanah 387, 393

Ezra 660

Pelatiah 675

Dean , Woodbridge 596

Dearborn, Henry, Col 519, 543, 544, 589

Reuben G 626

Stephen 640

Dearing, Ebenezer, Capt., 539, 543, 545,
548, 549, 551.

Deerfield 3, 25, 165, 625, 640

Deering 5, 166

Delaware Bay 263

Demerit, Ebenezer 655

Dennison, Samuel 571

Derr YFIELD 4, 166, 630, 661

Devlin, Samuel 635

Dewev, 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, Yt 205, 242, 399

Dousett, Peter 571

D , . VER 3, 25, 165, 529, 62-\ 653

Dow, Amos 25, 41, 45, 59

Evan, 5; Mr 16, 19

Job 662

Jonathan 5, 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, 2S, 166, 632, 671

Dudley, John 330, 470, 511, 627

Nathaniel 648

Dummerston, Vt 399

Dunbar. Vt 206

DrxBARTON 5, 27, 166, 551, 63">, 661

Duncan, John, Capt., 28, 37, 42, 45, 61,
400, 658.

Samuel 28, 42, 45, 02

Dunmore, Gov 244, 328

Dunstable 4, 26, 166, 630, GOl

Dunstar, Tho 701

Durham 3, 25, 165, 529, 628, 653

Durkee, Thomas 237

Duty, William bod

Ddxbury 166, 662

Duxbury, Vt 206

Dvvyer, Michael 685

Eames, Aaron 616

Ebenezer 634

Eastman, Jeremiah 625

East Kingston.. . .3, 24, 165, 583, 584,
625. 641.

East Town 628

Eaton 4, 165, 627, 653

Eaton, Ephraim 639

Ithamar 669

Eavrs, Jos G3o

Eddv, Abiel 633

Ward 677

Edwards, Mr 342

John 601

Effingha.ai 4, 165, 629. 654

Elkins. Jonathan 340

Ellis, Benjamin 584, 5^9, 591

Timothy, Col., 241, 394, 404, 531, 532,
535, 540, 5.54, 558, 582.

Ellsworth, 31r 342

Ellsworth 635

Ely, Isaac 439-448

Emerson, Daniel 26, 35, 42, 45, 60

Nathaniel, Col 25, 41, 45, 59

Samuel 654, 686

Emery, Anthony 701

Benj.. Capt 3, 19

Noah, Jun , 518, 520, .524, 525, .527,
529,532,534,551,554,576,617.

Emmons, Noah 409

Enfield 7, 29, 167, 277, 318, 4( 0, 682

Enos. Gen 453

Roger 454, 461

Epping 3, 25, 16.5, 625, 641

Epsoji 3, 25, 38, 16.5, 625

Esterbrook, Nehemiah 235, 277, 286, 330

Evans, Israel, Rev 38, \6X, 611

Nathaniel 667

Col. Stephen, 476, 521, 529, 560, 563,
599, 628.

Uriel 6

Everts, Elihu 483

Exeter. . . .2, 24, 165, 329, 538, 616, 625, 642

Fairbanks, Capt 465

Fairfax, Vt 206

Fairfield, Ebeu 400

Waltt^r 400, 6.34, 684

Fairlee, Vt 205, .399

Farjuer, John 199, 221, 622

Joseph 6G1

Farr, Jonathan 4i)9

Farwell, Benj 409

Jonathan 4()9

Levi 409

Oliver 409

William 409

Fassett, John 672

Favour, Cutting 634

Fay, Jonas, 246,— notice of, .334,-335,
3>'6, 422, 425, 428, 487, 577.

Josepli 426

Stephen 3.34

Fellows, Jeremiah 644

Ferdinand. Vt 205

Ferguson . James 646

Ferishourg, Vt 205

Fifield, Jolin 631

Stephen 3, 19

Fisher, Nathaniel 571

Tliomas 4.30

Fisheusfield 5,27, 166, 6G2

Fislikill 246, 24'.), 524

Fisk, Aaron 616

Jonathan 27, 42, 45, 60

Fitts, Abram 625

FlTZWiLLiA.-M 6, 28, 166, 273, 632, 672

Flanders, James 27, 41, 45, 46, 61

Fletcher, Gen 450

Robert 272, 6.30

Timothy 658

Flvnn, Jacob 662

Fo'llet, John 701

Folsom or Foulsom, Gen., 375. 475, 506,
510 ; Nath'l, 549, 585, 617.

Col. S 527, 585, 599, 612, 614

Samuel, Col 616

Fogg. Jeremiah, 3, 18, 24, 41, 44, 58, 584,
585, 586, 591.

Seth 625,641

Foord, Noah 686

Forest, William 645

Fosse, John 629

Moses 687

Foster or Forster, Abiel,. . .25, — notice
of, 32,-41, 43, 45, 46, 59, 164.

Asa 625

Benj 676

David 640

Reuben 286

Fowler, Ichabod 237

Mr 16

Francestown 5, 27, 166, 274

Franconia 7. 167, 3!i8

Franklin. Jonathan, Capt., 29, 42, 45,62, 443

Nathan 678

Freeman. Jonatlian, 7. 19. 29, 44,4.5, 46,
57, 62, 110, 142, 2s6, 400, 634.

Otis 683

Fre.mONT 627, 648

French, Abel 627

Andrew 23, 42, 45, 61

710

INDEX OF NAMES.

French, Beiij 630

Ezr.a 649

3Ioses C- (

Kichard G41

Frink, Calviii 677

Frink, Elijah 393, 400

Frye, Ebenezer 601

Isaac, Capt 583, 584, 591, 597

Fulham, Yt , 204

Furbur, William 701

Gage, Josiah 627

Gains, George, 241 ; Mr., 282, 478; Maj.,
511, 516, 612, 614, 627.

Gale, Col 476, 529 ; Jacob, 563, 599, 625

Gardner, Wm 648

Sir Xhofer 702

Garland, Peter 701

Garj-, Moses 410

Gates, Gen 377

Josiah... 409

Gaskill, Jonathan 5, 19

Silas 400, 633

Gates, Ezra 035

George, William 686

Georgia, Vt 206

Gerrish, Joseph, Col 5, 18

Samnel 630

Gibson, James 25, 33, 41, 45, 59

Giddinge, Eliphalet, Capt., 519, 527,
535. 546, 586.

Gilbert, Josiah 677

Gile, Ezekiel 627

Giles, Benjamin, 241, 394, 400, 439-448,
456, 458, 472, 480.

Gillis, Josiah 659

GlLMANTOW^r, 3, 25, 105, 274, 596, 628,
654.

Gilman, Anxip, T 628

Col 476,529

David .6 7

Ezekiel 652

Israel 626

J 656

John 655

John Taylor, Hon., 2, — notice of,
9,-12, 18, 471, 495, 497,

Joseph 534

Mr 544

Nicholas, 459, 517, 585, 587, 599, 605,
609.

Samuel. Jr 241, -529, 644

Trueworthy 642

Gilmore, Roger 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

Goffe, John 661

GOFFSTOW^f 5, 26, 166, 630, 662

Goldsmith. Capt 578

Goodhue, Nath'l 646

Goodwin, W^m. F 198

Goold, Benj 635

James 634

Gorden, Daniel, Capt 262

Gorges, Sir Ferdiuando. . . .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

Graftox Co 166

names of towns, 224, 240, 241, 634,
636, 679, 688.

Graftox 7, 167, 398, 400, 682, 686

Granby, Vt 205

Grandy, John 410

John. Jun 410, 432, 433, 435-472

Parker 410

Grant, Mr 218

Grantham 6, 398, 635

Graves, John 401

Gray, James, Ma j 3, 18

Green, El)enezer 237, 470

Ezra, Doct 3, — notice of, 9, — 18

Gen 496

Jacob 5, 19

Mr 236

Nathaniel 27, 42, 45, 01

Greenfield '66, 274

Greenland 2, 24, 165, 025, 642

Gregg, William, Jr 627

Samuel 666

Greely, Aaron 27, 41, 45, 46, 57, 61, 664

Andrew 585

Jonathan, Col 583, 584, 585

Griffin, John 653

Sam'l 6, 18

Griswold, Isaac, 435, 439, 441-448, 457,
465.

Groton 635

Grout, Daniel 6, 19

Plilkiah 387

Guildhall, Vt 205

Guilford, Vt 204, 399

Gunnison, William 662

Gu-NTHAVAiT 167, 240, 277, 398, 400, 681

Gustin, Samviel 239

Hackett, Ebenezer 061

Hadley, Seth 663

Haines. Samuel 701

Hale, Eliphalet 538

Enoch, 4.39-448, 449, 455, 470, 472,
476. 480, 482, 497, 597, 614.

Closes 658

Samuel, Maj 3, 18

Halifax 204

Hall, Aaron, Rev 5,— notice of, 11,-18

Avery 657

Benjamin 632

Benjamin H 198

Edward 671

Hiland 198

John (of Dover) 701

INDEX OF NAMES.

711

Hall, John ;• 4, 19 I

Nathaniel, Jun 684

Haiuinoiul, Isaac 677 1

Joseph 63-3 I

Thomas G33 I

Hamps I'EAD 8, 25, 105, 529, 625 j

Hampton 2, 24. 165, 52y, 626, 642

Hajipton Falls, 2, 24, 165, 529, 626, 643

Haxcock 5, 27, 166, 663

Hancock, Henry 680

John, Gov 22, 249, 251, 606

Ha>'OVEK, 7, 29, 167, 235, 398, 4U0, 634, 682

Hanson. Pres 575

Hardv, Xeheniiah 681

Harper, William 3, 19, 23, 41, 45, 59 |

Harris, Abner, Jr 110 i

Josiah 572

Thomas 409 i

Harriman, Stephen 551 I

Hart, George 627

Hartford, \t 204, 339, 399 '

Conn 261

Hartwell, Joseph 410

Harvey, Alexander 286

Capt 465

Lt 611

Levi 665

Solomon, Doct 5, 19, 240

Harwick. Yt 205

Haseltiue, John, Jr 631, 666

Hastings, Andrew 410

Joslali 409

Hatch, Jabez 533; Col., 546, 554, .576

Joseph 286

Haven, John 625

Haverhill, 7, 29, 167, 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

Ma.i. Gen 545, 581, 563, 564, 566-.569

Nehemiuh 631

Selvn's 494

Solomon 625

Hebron 273

Hemphill, Nathaniel 627

Henmker 5, 27,39, 166, 630, 663

Henry, Benjamin 387

Hertford, Yt 204, 399

Hey wood, VVm 442, 443, 632, 660

Hibbert, iMr 333

Hidden, Eben 630

Highgate, Yt 206

Hildreth. William 660

Hill, Alpheus 635

Reuben, Capt 4

Hills, Samuel 633

Hill 635

Hillsborough Co., 166; names of

towns, 030, 631.
Hillsborough, 5, 27, 39, 166, 630, 636, 658

Hilton, Edward 697, 699

Icliabod 644

William 700

Hinds, IJartli-tt 483

Hiudsborough, Yt 205

Hinsdale 6, 27, 166, 398, 400, 632, 673

Hinsdale, Yt 204, 399

Hobart, Col 282

Hobbs. Benj 626

Nath'l 654

Hodges, Nathan 400, 684

Hodgdon, Caleb 628

Charles 26, 41, 45, 60, 652

John 631

Holt, Benjamin 629

Ebenezer 682

Enoch 665

Nathan, Col., 26, 34, 41, 45, 46, 57,
59, 144.

Stephen 664

Holbrook, John 507

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

Wm., Rev., 4, 16, 18, 19, 26, 34, 41,
45, 46, 59.
Hopkins, John 558

Roswell 426

HOPKINTON 5, 27, 166, 274, 549, 630, 663

Horn ?, J 661

Houghton, Neh., Capt 512

House, Juo 400, 634, 635

Houston, Wm. Ch 252

Hovey, Nathaniel 318, 330

How, James, Doct 25, 33, 41, 45, 46, .i9

Daniel, Capt 492

Howard, Joshua 400

Samuel 668

Howe, Bezaleel 534, 537

Gen 265

Howel, John 630

Hubbard, Col 527

Hubberton, Yt 206

Hudson 631

Huggins, Robert 701

Hugh sterling 165

Humphrevs, Daniel, 24, — notice of,

30,-41, 44, 46, 54, 57, 58, 100, 102, 110

Hungerford, Yt 206

Hunt, Bartholomew 701

Jonathan 387, 388

Samuel, 381, 383, 394; Col., 494. 514,
531, 532, 535, 546, 554, 564-567, 578,
582, 5S7, 589, 604, 632.

AYm., Dea 4, 19

Huntington, Samuel, Tres 361, 369

Huntley, Rufus 676

Huntoon, Joseph, Capt 538, 544

Nath 677

Ilurd, John, Col 318

Samuel 633

Shubael 673

Huse, Carr 634, 685

Isaac 651

Ilutcliins, 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.

Hutchius, Joseph, Col. . .7, 19, 29, 41, 45, 62 I Hyde, Elihu.
Hutchiiis, Pliiueas 443 |

.400

Ingalls, Edmund 677 I Ives, Joseph .

Solomon 675 I

.483

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 500

Jeffries, William 699

Jenison, John. Capt., 591, 593, 594, 595,
596, 599, 602, 603.

Mr 492

Jenness, John S 691

Richard 598, 625

Jericlio, Vt 206

Jewell, Asahel 678

Jewett, Edward 633

Jacob, Jr 630

Jewett, Jedediah, 526, 543, 544, 592, 596,
601, 003, 605.
Mr 517

Johnson or Johnston, Charles, 236, 379;
Col., 417, 477, 506. 537, ?A2, 554, 557,
572, 575, 582, 590, 617, 634.

Israel 410

Jesse 7, 19, 29, 41, 45, 46, 62, 682

Nathan 625

Peter 340

Samuel 215, 645

Jones, Asa 632

Benja., Doct 5, 19

Daniel 383, 388, 393, 400, 425, 428

Evans 5-59

.Jehu 680

Reuben 246

Thomas 483

William 701

Joslen, James 630

Kearsarge Gore 166

Keexe, 5, 27, 166, 394, 411, 531, 536, 616,
632, 673.

Kilborii, Asa 634

Kelley, Daniel 613

James 549

Moses 445, 446-448 ; Col., 476

Kendall, Daniel 630

Ebenezer 681

Edward 632

Kent, Jacob 339, 495

Kensixgton 3, 24, 165, 529, 626, 643

Killington, Vt 204

Kimball, Caleb 668

Joseph, Maj 6, 18, 28, 42, 45, 57, 61

Richard 649

Kimball, William 410

Kindrick or Kendrick, Daniel, Capt., 5, 19
King, George 241

Samuel, 400, 432, 434, 441-448, 456,
464, 465, 466.
Kingsburv, Absalom 239, 632

banie'l 617, 673

Sanford 28, 42, 45, 57, 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 C25

Laliam, Richard 701

Lahorn, Henry 701

Laighton, Sam'l 629

Lamson, Gideon 642

Lancaster 7, 29, 167, 39S, 634, 683

Landaff, 7, 167, 240, 277, 398, 400, 412, 416

Lane, Ezekiel 627

Jesse 674

John 626

William 626

Lamgdon 27, 166

Langdon John, Hon., notice of, 8; Mr.,
16. 18, 21, 338, 386, 459, 460, 471,
522, .588, 613, 620, 638.

Samuel, Rev 2, — notice of, 9,-18

Tobias 8

William 627

AVoodbnry 355, 459, 476

Larkham, Thomas 701

Latham, Arthur 410

Laughlin, Archibald 340

Laurins, Henry, Pres 289

Lawrence, David, Jr 641

John 547,548

Layton, Tho 701

Learned, Benjamin 672

INDEX OF NAMES.

713

Leavenworth, Capt 547

Leavitt, Gilmau 613

Jonathan 650

Moses 24,— notice of, 31,-11, 45, 58

Samnel 625

Stephen 613

Leavittstown 628

L' Homniedien, Ezra 423

Lebanon, 7, 29, 167, 277, 330, 393, 400.
634, 683.

Lee, .John 633

William 409 ; Lt., 433

Esq 498

Lee 4, 26, 165, 529, 628, 654

Leicester, Vt 205

Lemington, Vt 206

Lempster 6, 28, 166, 398, 400, 632, 673

Leonard, John 625

Lewis, Ben'u 662

Gideon 483

Nathaniel 631

Thomas 699

Lewis, Vt 206

Libbev, Meshech 340

Paul 629

Limerick 632

Lincoln 7, 167, 398

Lindsay, David 687

Lintlieid, Vt 206

Litchfield 4, 26, 39, 166, 581, 630

Little, John 630

Moses 630

Littleton 7, 167

Livermore, Edward •->., 24, — notice of,
30,-38, 41, 44, 58, 100, lOG, 111, 143,
144, 148, 167.

Geo. W 685

Samnel. Hon., .6, 12, 16, 18, 28,— no-
tice of, 37,-38, 42, 62, 164, 365, 386,
402, 407, 412, 452, 461, 470, 478,
484, .522, 557, 575, 578, 581.

Locations 165

Lock, Philip 409

Long, Benj 640

Pierce 2, — notice of, 8, — 18

Londonderry, Vt 399

Londonderry 2, 24, 165, 5S1, 626

Loudon 3, 25, 165, 626, 644

Lovejoy, Ahiel 634

Joshna 658

Lovell, Oliver 387, 393

Lovewell, Col 476

Noah 630

Lndlow, Vt 205

Lnnd, Joel 662

Lunenburg, Vt 206

Lyman 7, 167, 240, 277, 398, 400, 684

Lyme, 7, 29, 167, 2.37, 277, 398, 400, 634, 684

Lyndebouough 5, 26, 166

Lyon, Matthew 399

McCalley, John 630

McClarj', .John, 25,— notice of, 32,-41,
4.5 59.

Coi.'. ..'. 476, 477, 625

McConnell, Samuel 478

McDonnell, R 667

McGaw, .Jacob 664

McGray, John, Capt 600

McGregore, James, 24, — notice of, 31, —
38, 41, 44, 58, 626.

McMurphy, Archibald 2, 19

McNeal, Daniel 030

McNee, .James 666

McQuesten, Vrilliam 6.30

Mack, Silas 674

Madbury 4, 26, 165, 529, 628, 655

Maidstone, Vt 205

Man, .James 647

Mann, Benj 664

Manchester 631

Manchester, Vt 205, 253, 399

Mansfield, Vt 206

March, Joseph 25, 41, 45, 59

Marlborough*. . . .6, 28, 166, 273, 482, 673

Marlborough, Vt 204, 399

Marlow, 6. 100. 239. 273, 398, 400, 632, 674
Marsh, Josepli. 286. 290 ; notice of fam-
ily, 291, 327, 339, 341, 345, 363.

Martin, Jonathan 4.56. 458, 465

Mason 5, 27, 166,631,664

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 547

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 683

Sam'l 639

^Merrimack 4, 26, 166, 573, 631, 664

Merrimack river 260, 297

Merrow, .Joshua, Lt 547

Middleborough, Vt 205

MiDDLETOWN 4, 165

Middlesex, Vt 206

:\Iifflin, Mr 496

Miller, Lemuel 674

Nlcodemiis 632

Milton, Vt 206

Minehead, Vt 206

iMiner, Thomas 681

Moffat, 581

IVIonadnock, No. 5 633

No. 6 633

Monckton, Vt 205

^Montgomery, John 406

Moody, Amos, Rev 3, 18

IMooney, Hercules 628

OV)adi.ah 640

IVIordock, 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 Marllmrough, Vt.
It was formerly called Monaduock, No. 5, and was incorporated Dec. 13, 1776.— Ed.

714

INDEX OF NAMES.

Morey, Israel, 2S6, 327; Col., 506, 540,
554, 575, G34.

Morgan, John 665

Morris, Robert 607, 611

Morrison, Sam'l 6")1

Thomas 631

MOKRISTOWX 240, 277, 398, 400

Morss or Morse, Eli 632

Joshua 5, 18, 664

Mootly 559

Reuben 632, 672

Morton, Ebenezer 340

703

Monlton. Col., 476, 529; Jonathan, 563, 599

Josiah, Capt 527

Job 684

Neh'h 649

MOULTONBOROUGH 4, 26, 165, 628, 655

Mudjret, Nicholas 613

Muhlenburg, Frederick Augustus 500

Muzzy, John 672

Kanney, Robert 701

Nash, Mr 496

Neale, Walter 693

Nelson 633

Nelson, Asa 668

Charles 634

Daniel 615

Dorothy 615

Samuel 652

Neshobe. Yt , 206

Nesmith, Jonathan 6'i9

Nevins, Thomas 681

Nkw Almsbury 631

Nett Boston 5, 27, 166, 631

New Bradford 664

Newbury, Vt 206, 339, 494

New Britain 631

New Castle 2, 626

New Chester 7, 28, 167, 634, 685

Newcomb, Daniel, 27, 36, 38, 42, 45, 54,
57, 61, 110, 143, 164, 167, 383, 394.

New Durham 4, 26, i65, 628

New Gore 165, 655

Newfane, Vt 205, 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, 665

New London 5, 27, 166, 273, 665

New Market 3, 25, 165, 626, 644

New Marlborough 633

Newport. .6, 28, 166, 394, 39S, 400, 633, 674

New Stampford, Vt 204, 400

Nkwtown 3, 165, 529, 626, 645

Nicols or Nichols, Daniel, 27, 42, 45, 60, 6.59

Eben'r 631

Moses, 445; Gen., 462, 511, 531, 532,
535, 617, 630.

Samuel 409

Gov.,N. Y 213

Ninis, David 6-32

Norris, Benj 627

David 648

Northfield 3, 25, 165, 645

North Hampton 2, 24, 529, 626, 646

Northumberland 7, 167, 634

North wood 3, 25, 39, 165, 626, 645

Norwich, Vt 204, 399

Nottingham 3, 25, 165, 549, 626, 646

Nottingham West 4, 26, 166, 631, 666

Nova Scotia 615

Noyce, 413

Noyes, Benja 625

Humphrey 639

Nute or Nudd, James 701

Simon 626,642

Nutter, Hatevil 644

Nutting, John 286

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 635

Orford 7, 29, 167, 277, 400, 634, 685

Ormsbee, Icha'd 286

Orwell, Vt 206

Osgood, Mr 496

Ossipee 4, 105, 274

Ossipee River 273

" Pacificus " 271

Packersfihld 6, 28, 166, 674

Page, Abraham 631

David, Col (of Conway), 5, 19, 26,
34, 38, 42, 40,* 60, 477, 555, 571,
683.

Jeremiah 030, 661

Stephen 646

Thomas 643

Page, William (of Goffstown), 5, 19, 26,

42,44-46,60,110?
AVilliam, Doct. (of Charlestown),

27; Col., 42, 44, 45, 46, 60, 110?

365, 381, 383, 393, 399, 400, 426,

442-450, 453, 569, 595.

Palmer, Barnabas 3, 19, 25, 41, 45, 59

Panton, Vt 206

Parker, Abel 5, 16,18, 19

*ln list of " yeas," for " P. Page" read D. Page.—EJ).

INDEX OF NAMES.

715

Parker, Alexander 6B8

Benja 410

Ebeu'r 61)4

Naluim 28, 42, 45, 61

Ob.'uliali 631

Robert 2G, 42,45, 60

Solomon 6s4

Parkhurst, Joseph 286

Parrott, John 605

Parsons, Thomas 628

Partridge, Eli 410

Patterson, Isaac, Capt 7, 19

John 63)

Pattin, Matthew 542

Pawlet, Vt 205, 399

Payne, Elisha, Col., 7, 19, 29, 37, 42, 45,
46, 47, o3, 57,62, 100.275, 286,— no-
tice of. 288,-324,327, 388, 393, 396,
398. 400, 425, 427, 428, 450, 453, 454,
473, 4S7.

Peabody, Jacob 33

Nath'l, 25, 33, 41, 43, 44, 45, 46, 47,
54, 57, 59, 91, 102, 106, 111, 506, 510,
512.

Stephen 630

Pearson, Joseph 439, 460, 6.38. 686

Peachani, Yt 206, 340, 399

Pease, Pelatiah 632

Peckins, John 483

Pelham 3, 2.5, 165, 627, 646

Pembroke 3,25, 165, 613,627, 647

Peinaquid 260

Perkin, AVilliam A 645

Perkins, Abraham 641

Perrv, David 675

Petekborough 5, 27, 166, 274, 631, 667

Slip 5, 631, 666

Peters, Absalom 400, 413

Petty, Reuben 483

Phelps, 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, 58, 63, 126, 141.
Richard 644

Pierce, Benja., Maj 27, 36, 42, 45, 61

Franklin 36

Jolm 410,611

PlEUCY 7

PiERMOXT 7, 29, 167, 277, 398, 400, 686

Pinkham, Richard 701

Stephen 628

Pinneman, Thomas 6, 19

Piper. Stephen 627, 650

PiTT.SFlKLP 3, 25, 165, 647

Pittsford, Vt 20c, 399

Plaixfield, 6, 28, 166, 398, 400, 540,

633, 675.

PL AiSTOW 3, 25, 165, 529, 627, 647

Plumer, AVilliam, 25, — notice of. 31, —

38, 41, 45, 46, 49, 53, 57, 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

POPLIX 3, 25, 165, 627, 648

Porter, Asa 635

Mr 282

Portsmouth, 2, 24, 165, 615, 624, 627, 648

Post, Eldad 634

Ponltney, Vt 205, 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,

4(10, 439, 440-448, 4:6,457, 467, 472.

Prescott, B. F., Gov 692

Henry 2, 18, 626

Protectworth 6, 28, 166, 675

Putnam, Thomas 238

Putnev, John 630

William 549, 551

Putney, Vt 204, 399

Quimby, Jonathan 613

KABY 5, 27, 166, 667

Rand, Daniel, Col 28, 36, 42, 45, 61

Israel 549, 5.51

Randall, James .549

Rand( 1, Miles 628

Randolph, Edmund 406

Rannev, Thomas S.,Doct., 3, 19, 25, 41,
44, 46, 58.

Ratcliftc, 703

J\awliiij^s or Rollins [see Rollins].
Raymond 3, 25, 165, 627, 648

Reading, Vt 204, 399

Reid or Reed, Abraham 572, 573

George, Col 601, 608

James, Gen 611

William 409

Mr 22

Remnifle, John 6, 19

" Kcpubli.-an," 266

Hii-e, IJarzillai 387

Rich, 1 )avid 483

J osiah 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

RrCHMOXD, 5, 27, 166, 394, 398, 400, 411,
633, 676.

RiNDGE 5, 28, 166, 273, 274, G33, 676

Ring, Jonathan, Lt 540

Riplev, Sylvanus 303

William 400, 661

Rix, Nathaniel 417

Roberts, Ebenezer f 29

John 628

Joseph 655

Thomas 70l

Robertson, Abigail 61o

Archibald. 410

Robert 615

William 410

Robinson. Amos 339

Caleb, Maj 602

Ephraim 625, 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, 529, 629, 656

Rockingham County,— names of
towns, 165,-62.5-627, 606, 639.

Rockingham. Vt 204

Rockwood, Elisha 409

]Micah 673

Rodman, Tristram 646

Rogers, John, Doct., 28, 38, 41, 45, 46,
57, 62.
Nathaniel, 3, 18, 25, 41, 45, 46, 58,
626, 686.

Robert, Capt 207

Rollins or Rawlings, Daniel, 25, 41, 45, 59

James 701

Nich 650

Root, Mr 342

Rouke, James 571

Rowel, Wm 627, 649

ROXBURY 273

Royalton, Vt 399

RUMNEY 7, 28, 167, 635, 687

Runnels or Raynolds, Daniel, Col., 2, —
notice of, 9,-19, 477, 559, 561, 562,
565-570.

Samuel, Capt 520

Rupert, Vt 205, *399

Russell, E 259, 610 ; Ephraim, 410

Josiah 400

Thomas 400

Rutland, Vt 205, 399

Rye 2, 24, 165, 627, 649

Ryegate, Vt 206

Saff ord, Capt 378

Ebenezer 409

Salem 3, 25. 16=i, 529, 615, 649

Salisbury 5, 27, 166, 631, 667

Salisbury, Vt 205

Saltash,'Vt 204

Salter. Titus, Capt 577, 590, 605, 610

Sanborn or Samborn, Abraham 675

Eliphalet 625

John 644, 656

Saxbornton 3, 25, 165, 629, 656

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 650

Scammel, Alexander, Col 574

Scharston, Paul 659

Scott, Robart 674

Seabrook 2, 24, 165, 529, 627, 650

Searls, Jona., Rev 27, 36. 42, 45, 61

Sever, Robert 667

Shaf tsbury, Vt 205, 399

Shannon, Nath'l 4, 18

Mr 616

Sharon 27, 166

Sharon, Vt 20.5, 399

Sharpe. Sam'l 700

AVilliam 243

Shattuck, Cyrus 673

Daniel 426

AYilliam 631, 665

Shepherd, John 654

Oliver, Capt 4, 18, 632

Shp"LBURNE 167

Shelburne, Vt 206

Slier win, 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

Skids, 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

EbeiK'zer, Col., 4, 16, 19, 26, 34, 41,
45, 57, 59, 628, 653, 655.

Eliiis 6n5

Eliphalet 644

Francis 286, 633

Ichabod 661

Jeremiah, 27, 35, 42, 43, 44, 45, 46,
53. 6U, 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, 465

Ricliard 627

Robert 456, 457, 465, 581, 608

William 631

Smithtield 206

Snow, Zernbbabel 632

Socif:ty-land 166, 667

SOMERSWORTH 3, 25, 165, 529, 629

South Hampton. ..3, 24, 165, 529, 627, 650

Soutlimayd, John 680

Spaflford, David 631

Spalding, Champin 675

Sparliawk, John 2'G, US

Thomas 491, 542, 557, 593, 633

Spaulding, Benjamin 286

Phineas 632

Spooner, Alden 296

Sprague, Peleg 427

Springlield, Vt 205

Springfield, JIass 560

Stafford, Amos 633

St. Albans, Vt 206

Stanley, Jonathan 632

Stark, S 165

Stark, A 16.t

Sturk, Cakb, 3Iaj. . .27, 36, 41, 45, 46, 57, 61
John, Brig. Gen., 2.55, 551, 608,
611, 63(1.

Starr, Edward 701

Stearns, Abraham 410

Stebens, Ebr 674

Steele, Tliomas 667

Sterne, T 483

Stevens, Abel 400, 634

Elihu 483

Enos 633

Henry 483

John 400, 633

Stevens, .Josiah 483

Roswell 483

Samnel 625

Steward or Stuart, Robert, 3, 19, 626:
Jr., 645.

Stewartstown 634

St. George, Vt 206

Stickney, Col 32, 476 ; Thos., 640

Stiles, .Jeremiah 673

Stillson, James 628

Stockbridge. Vt 205

Stockwell, Emmons 683

Stoddard 6, 28,166, 633, 676

Stoddard, Eleazer 409

Lemuel 410

Stone, Abuer 672

Benja., Col 3, 19

Capt 538

Eliphalet 638

Ephm 586

Matthias 394, 400

Matthias, Dea 6

Nath'l 631,658

Storer, William 701

Story, Daniel 661

Stow, Vt 206

Stowell, Joseph 633

Strafford Co., 165 ; names of towns,
628, 629, 636, 652.

Strafford, Vt 205, 399

Stratham 2, 24, 165, 549, 627, 650

Stratford 7

Streeter, Amos 410

Joel 410

Strong, .John 393

Strobridge, Wm 483

Styles, Ezra 425, 428

Sudbury, Vt 206

Sullivan 28, 166, 273

Sullivan, Ebenzer 592, 596

John, Gov., 3— notice of, 10,-12, 16,
18, 21, 22, 276, 375, 38^i, 402, 404,
477, 497, 524, 526, 539, 557, 620.

SUXAPEE 633

Sunderland, Vt 205, 399

Surry 6, 28, 166, 239, 39S, 400, 411

Sutton 5, 27, 166, 668

Svvaddon, 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

Symouds, Wm 409

Tainter, Jedediah 6, 19, 28, 42, 45, 61

Ta mworph 4, 26, 165, 657

Tarlton, Peter, Capt 29, 42, 45, 62

Wm 29, 62

Tash, Thomas, Jun 26, 41,4.5,46, 60

Tasker, John 628

Tate, Jas., Lt 207

Taylor, (base 629

Ebenezer 634

John 627

Tebbetts, Ebenezer 629

Teddar, Steven 701

Temple 5, 27, 166, 631, G68

Temple, Archelaus, 5, 18, 27, 42, 45, 46, 61

Isaac 630, 632

Tenbroeck, Abraham 249, 251

Tennev, Samuel, Doct., 24, — notice of,
30,-41, 44, 46, 57, 58, 111, 112, 152.

Thetford, Vt 205, 399

sunuel, Jr 613

Thing, S:

Joseph 632 Thoni, Henja 651

Josluia 6 9 William 649

Thomas 629, 632 Tliomas, Nathan 409

Timothy 4, 19 I Othniel, Capt 5, 19

7i8

INDEX OF NAMES.

Tomliuson, Yt 204

Thompson, Charles 342, 354, 3G2

Ebenezer, 25, 33, 3S, 41, 45. 46, 47,
59, 95, 102, 110, 111. 141, 142, 143,
23'), 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

Oliver 613

Ticonderoga 241, 251, 253, 317

Tilden, Steplien 286

Tillitson, Daniel 686

Tilton, Benjamin 62H

Peter 643

Timothy 25, 41. 45, .59

Tinmouth, Yt 205, 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, Yt 206

Towle, Philip 626, 642

Townsend, Yt 204, 399

Townsend, Micah 387, 388, 393, 426

Treadwell, Jacob 634

Treci)THICK 635

True. Abraham 625

Joseph 625

Moses 6, 19, 400

Trumble, Jonathan, Gov 547

Tryon, AVilliam, Gov 217, 220, 244, 328

Tucke, Ben ja 633

Tucker, Abijah 674

TUFTONBOROUGH 4, 165, 274

Tunbridge, Yt 205

Tupper, Col 588

Turner, Bela 286, 400

Tuttle, George 628

Stephen 632

Stoten 646

Twitchell, Sam'l 632

Tyler, Jason 547, 548

Ugrouf e, John 701

Underhill, Yt 206

Underhill, John 701

Underwood, James 511

Unity 6, 28, 166, 633, 677

Yati Dyke, Nicholas 406

Vaudreuil, Admiral 599

Yermont limits, 242 ; 418, 419, 424, 428

Wade, Edward 601

Wadleigh, John 626

Wakefield 4, 26, 165, 629, 657

Wakefield, Tho's 658

Walbridge, Ebenezer 399

Waldron, Isaac 25, 41, 45. 59

John 25, 83, 41, 45, 57, 59, 653

Richard 701

William 701

Wales, Seth 635

Walker, Isaac 549, 551

Joseph B 268

Samuel 409

Timothv, 25— notice of, 32,— 38, 41,
45, 54; 59, 63, 95, 102, 106, 111, 112,
142, 1.12, 167, 268, 282, 471, 640.

Wallace, Robert 27, 35, 42, 45, 57, 60

Walley, Thomas 625

Wallis, Samuel 627

Wm 495

Wallingf ord, Yt 205, 399

Ct 547

Walpole.. .6, 16, 28, 166, 381, 394, 400,
411, 431, 482, 633.

Walton, Elisha 409

Ward, Cotton 642

Warden. Solomon 28, 42, 45, 61, 675

Warner 5, 27, 166, 549, 631

Warner, Jonathan, Hon. 607

Martin 632, 660

Seth 247 ; Col., 248, 249, 250, 251

Warren 7, 29, 167

Warren, Gideon 425, 428

Josiah 27, 42, 45, 61

Pelet'h 519

Y'arwicke, Robert 699

Washington 6, 28, 166, 273, 631, 677

Washington, George, Gen., 226, 377,
462, 484, .500, 518, 521. 528, 536,
.545, 552, 554, 560, 588, 599, 611.

Wastill, John 701

Waterbury, Yt 205

Waterhous, George 652

Watson, Parmenas 631

Weare. 5, 27, 166, 274, 631, 669

Weare, Jona 659

Meshech, Pres,.. .228, 236, 241, 2.55,
277, 278, 281, 287, 291, 293-295,
302, 329, 333, 334, 344, 377, 379,
384, 402, 445-449, -iQl, jmssim, 478,
484, 490, 502, 548-568, 574-601, 609-
613. 626.

Samuel 643

Weathersfield, Yt 205, 399

Webb, Azariah 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, 4.5, 58, 641

James 649

John, Col 476, 563, 631, 634, 649

Levi 682

INDEX OF NAMES.

719

Webster, Samuel 689

Weed, Bagley 629

Orlando 652

Weeks. Ichabod 2, 18, 19

John, Capt 7, 19

Joshua 642

Will 625

Wells, Vt 205, 399

3Ir 333 ; Col., 388

Samuel 536, 537

Welsh, Joseph 503,627

Wkndall 6, 28, 16t5, 678

Wendell, John 215, 217, 633

Went WORTH 7, 29, 167, 635, 687

Wentworth, Beuning, Gov 199, 200-

215, 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), 539. 617.
Joshua, Col., 527, 545, 548, 552, 560,
561, 563, 599.

Wesson, Ephraim 241, 634

West, Benja 5,— notice of, 11,-12, 16, 18

John 4S3

Westford, Vt 206

Westminster 204, 242, 246, 399

Westmoreland. . .5, 27, 166, 39S, 400,
411,63:3,678.

Wetherhe, Samuel 400

AVevbridge, Vt 205

Wheatley, .Johu 286

"VJfheeler, Benja 410

Joseph 410

Josiah 631

Nathaniel 684

Peter 409

Solomon 24, 41, 45, 58, 615

Wheel )ck, Eleazer 413

Dr. [Eleazer] 290, 291, 322, 4.52

Col. [John] 290, 291

James 413

Whipple, Joseph, 241, 553, 555,571, 589, 606

Mosts 40<j, 632

Iluius 27, 41, 45, 46, 61. 675

Gen. . ..344, 355; Wm., 439, 497, 570, 613

Whitaker, Rev. 60O

Whitcomb,Elisha,Maj., 5, 18,27, 42,45,
61, 379, .5i»6, 514, 520, 526, 543, 610.

Whiteside, Phineas 425, 42S

White, Jolin 561, 598 ; jun., 600, 631

Nath'l, Capt 29, 41, 45. 46, 62

Noah 34 • ; Mr., 38S, 393

P 236, 495

Whiting, Jos 6.30

Nath., Capt 2'i7

Whittemore, Aaron 627

Mr 218

Whittier, Mark -. ... 645

Whiting, Vt 200

Whitingham, Vt 3.i9

Wiggin , Andrew, jr 650

Jacob 657

Wiggin, Jona 2, 18

Mark g27

Simon 627

Tliomas 691, 693, 700, 701-703

Wilbore, Nathaniel 678

AVilcox, Jesse 633

^'"ah 28, 42, 45, 46, 61

Wilkins, Eli 658

Robert B 5,— notice of, 10,-18

Samuel 630, 658

WiLLiAJi, King 200

Willej', Allen 632

Williams, Isaac 686, 587, 602

Oliver 6*2

Samuel, Rev 198

Thoma-i 662

Williston, Vt 206

Willoughby, John 635

Wilmington, Vt 399

WiLMOT 273

Wilson, Rob't 625, 640

Thomas 631

WiLTOX 5, 27, 166. 631, 669

Winch, Caleb 6, 19, 672

Wixc HESTER.. .5, 27, 166, 394, 411, 633, 678

WiXDHAM 3, 25, 165, 627, 6.50

\Vingate, Daniel 656

John 6o5

Joshua 628

Wjnhall, Vt 205

Windsor, Vt., 204, 223, 242, 272, 284,289,
333, 335, 395, 398, 399.

Winlock, Vt 205

Winnipisiogee lake w 274

Winship, Jonathan 631

Winslow, Jacob 410

Witherell, Ephraim 465

Witherspoon, Mr 342; Rev. John, 351

WOLFEB )R()UGH 4, 165, 274, 629

Wood, Amos, Rev 27, 36, 42, 4-5, 61

Doct 619

Ebenezer 677

Eliphalet 409

Enoch 25, 45, 59

Woods, Henrv? 653

Woodford, Vt 204

vroodstock, Vt 204, 399

Woodward, Bezaleel, 235, 286, 324, 327,
341, 345, 363, 366, 371, 374, 388,
393, 394, 398, 400, 422, 426.

David 286

Elijah 678

James 537, 582

Capt. M 548 ; Moses, 558, 571, 572

Woodworth, John 682

AVorcester or Worster, Francis, 7, — no-
tice of, 11,-16, 19, 23G.

Worster, Vt 206

Worthen, Enoch 644

Worthly, Timothy 669

Wright, Oliver 674

Peter 677

Wynian, Isaac, Col 34

Yarmouth, N. S GOO

Yorr? Andrew 653

Young, John 241, 286, 400, 572, 573, 681

Joscpli 654

Nathan 674

Young, Peter 6.52

Robert 558, 572, 573

."^aniuel, Maj 7, 19, 681

Tliomas 628

Timothy 656

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