(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "[Provincial and state papers]"

m 









li: 




</ 








9^^^ 



C^/(-;n^ J^ /S 




'C'^ZJ-^^'-^ 




» -jr 



proirhtchxl aixtr BhU papers. 



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 


3 


1780. 


June 


2 


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 



XX 



GENERAL CONTENTS. 



Pages 
1780. 

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

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

forfeited lands 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 


4- 


May 


4- 


May 


5- 


May 


4- 


May 


25. 


May 


25. 


May 


26. 


July 


5. 


July 


5- 


July 


5- 


July 


6. 



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. 


2. 


Dec. 


29. 


Dec. 


10. 


1782. 


Jan. 


18. 


Jan. 


26. 


Feb. 


2. 


Feb. 


4- 


Feb. 


6. 


Feb. 


23- 



XXIV GENERAL CONTENTS. 

Pages 
1782. 

Mar. I . A suspected person at Londonderry 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. 



[Copied from the original, — paging in the margin corresponding 

thereto.] 



STATE OF NEW HAMPSHIRE. 



^ 


r 1 


•,si2 '.^BpamBS 1 






^,02 'XBpUjI 1 




^ 


xj,6i 'X^psanqjL | 




^ 


ij,8i9urif 'X^ps9up9AV 1 






•pj03U03 UIOJJ pUB 

o; ppABj; S91IUI JO -oM 




-^ 

^ 








p23 'X^piJ j 1 




,si3 'X^psjnux 1 




xj,02 'X^psaupa^ | 




q,6i 'XBpsanjL J 




^ 


^8 1 'XBpuojM 1 




^ 


niZi 'ABpung 1 




?5 


^,91 'XBpan^BS 1 




x^jSi 'X^puj 1 




^ 
•^ 


^{^i 'XBpsanqx 1 






\xii jcqajl 'XBpsaupa^ j 






•J9;9X3 UIOJJ 7g 

0; ppABj; sa^iui JO 'oM 


OOOO'^O'^OOO rt^O M vO CO 
rococo '^i-0'^ro>-'CSCOi-<'-i>-i 




1 
d 

> 


CO 

bJO 

Q 


S 


c S 9 >^'S ^ x: < -^ != ^ -=■ ^. S > 
C^.^.'J^^Qo: S ?q Q ^ K pi; U '^S 


2. 


tn 

(U 



t» 4) 

C/3 

(L) 

s 


2 

CO 

^ 

g ^ . - C - I- biO^ ,^ ^ 2 2 rt 



JOURNAL OF CONVENTION. 






COVDciO CO-^O \000N00MD000^'sh0vC00O-=^'^T)-00000 
M M M ri '^ Lo^ CO Ooo oovo Lo^^ cs roro'^rjvo^ con -^Lnxt-ooo 

I— I 



V- = -^ ^ ^ W ti i: C- b^ tJoS ^^ ^ r r^^ "2 ^ o o ^ ^ o O ^ .^ '^ 43 i5 o 
H->^ o Q ^ iz; tC;^ 2 .::q u ^ S U CO § ^ -^ ^-.U h-J U >— »&; 00 on§ ,^ 2 p- - 






c 52 



o 

2 



0) 






III I ^tefli imi ill b 11 E l| i s i iifl i 
s^..l'siBSsi23lSslelt||p||^siio||l 



STATE OF NEW HAMPSHIRE. 






.to 



•5912 '^Bpjn^Tjg 


• hH 1— 1 M 


'-' 


)-( 


hH 


l-l 




^:^oz 'iC^puj 


• l-l HH l-( 


'-' 


'-' 


'-' 


1— 1 




ti,6i '.^i^psjnqx 


. hH h-, M 


^-i 


•-' 


1— ( 


'-' 




q,8I 9Unf 'i{BpS9Up3^ 


.|_I_^H h-H l-( l-l l-l |_l>l-(l-(l-4 


•piODU03 UIOJJ pUK 
01 pPAB-H SailUI JO 'oIsj: 


000 

■^ CO ro 




LTV 


I^ 





CO 


CO 

CO «"0 n r^- CO 






pss 'i^puj 




jsis 'i^^psjnqx 




^^oz 'X^psaupa^ 




Tjj6i 'X^psonx 




xijgl 'XEpuoj^i 




ip/i '.^T^pung 




m9i 'Xi^panj^s 




n,5i 'X^puj; 




ti;ti '.^Tjpsjnqx 


W l-H hH M 


'-' 


• 


'-' 


'-' 


MM HH HI 


■q^f I xC[9jI '.'Cnpsaupa^ 


M K-, . M 


'-' 


• 


'-' 


• 


. . . . 


01 pPABJ; S9{IUI JO -oN 







CO 









no ^ 
t^ t^ CO r^ 



a 

<u 
> 

O 

U 



biO O 

Q 
<-h-i 

o 

<u 

s 



>-> >> 



>> fi 



c c >. c c 



.-t: o r: M 

• ,;-) . .M 
^ > 5-, C! 
rt OJ o f^ 

OPilUQ 



o 

c 



a 












U ^ 



o 



Oh 



> 



cr 

... ^^.:^'W 

£ X rt v:;; o 
W Q ^^ t, ^ 

. . ^ rt !=; 

^^ Vh HJ (JJ ,M 

^ S ';j Q H 



'a, 
a 

in 

a 

o 

H 



T3 

CO 
a 






bJO 






^5 ^- G a 3 

'^'+-' Ti 'S Si rt n 
OJ .M S O cu ° 










O ."ti If ^ ■^ 



JOURNAL OF CONVENTION. 



vOt^OOooOOM iJMX) O Lo t^ i-n u^o Ooo v000"^000O00 

M^^fOLnLnro^ro-^ fOH'-' wp-ii-i w^vo vO VD CO vO CO t^ t^O 



OOOOOOO-Tf-OO'+OO't-i-Onnn'^f- OOOOO'^COOOO 



rt 



=-• ^ -^ _- Td ^- OJ >. 



rt 









C •— E -^ " r- J~i T", — ' ;3 ^ M '-^ 







ro ^ ^ 3 C ^ l; ^ ^ := ^ M ^' ^ O O c^-S ,0 r 
^--*^->'^CJf-»^^ O CJ ^ ^ '' >r— ^ Vh i»H ^ '"^^ o r^ — 



•^ rt aj -- 

c/: j;2i o 

c2 ^ lu o ^ "j:^ P3 

?^ ^ ^ -^ -/^ -^ 'I^ 

^%oa'^525^gt5rt.S33^o§^S:^53i^J5a; 




STATE OF NEW HAMPSHIRE. 



.55 



I 

<1 



•jsis 'Aiepm-^-e^ 


^ 


hH 1— 1 


HH H-< h 


HI— (HHI-HH^)— ()— 1 • 


>-i 


^^oz 'i^i^puj 


CH 1-^ l-l 


►-I 1-1 I- 


■iHHK- (>-HHHI-HH-t • 


'-' 


qj6i 'X^psjnqx 


l-H -< ►-. 


1— 1 1-1 (- 




« 


xj^gl 9Unf 'AT^pS9lip9^ 




'-' 




" 


•paoDU03 uiojj puB 

O; ppAB.IJ S3|IUI JO "oNvT 


vO t-n 










pcz: 'X'EpiJj 




^ ^ ^ 


« 




« 


5sie: 'X^psjnqx 




HH t^ 1-1 


-^ 




-' 


xijOZ: 'XBpS3Up9^\ 




.►-,►-(« 


'-' 




'- 


i„6i '.(tjpsanx 




-1 P-H W 


^ 




- 


M^gl '^^^PUOJV 




M h-. H-, 


- 




« 


1,3/1 '.{Bpuns 




l-H KH l-H 


'- 


« « M l-l I-, I-, 


'-' 


q,9i 'Xi^p.in;BS 




• ^ '-' ^ 


— ' 


|_ „ „ I-, « . I-, 


-' 


^„?i '.Cijpuj 




. HH I-, HH 


- 


„ „ « 1^ ^H . I-. 


" 


iiji/i 'XBpsjniix 




-, I-, H-. 


-' 


HH -, HH l-l 11 . « 


'-' 


•iijf I xqa^I '.^iJps9up9A\ 




. M l-H 


• 




•-^ 


•J9;9X3; uiojj ■:§ 
oi p|9AT2j; S9{iai JO -oN 


M M 
CN On -1 

HI HH n M 





M 


0000000 

ONC-O MD 'O ro M 
I-, HI i-i HH M n c^ 





> 

o 
U 



bC O 









>> 






execs 



S >> e G >-. 



u 



<u 



rt 



Ori w ;^ e y 



^' rt 

ox 



"5 c cj 






C/) G ^ rt ^ .S t/3 



r- CJ 






-? ^ o 

rt 

Q 



Cw ^J-l ,^H ^3 ^ r—t 

O -G p '-' ^* rt s-i 



> to 

O <u 

o ^^ 

en 

o 

n 



-- ,=y 






>> 



rt <^ ^ C £ > '^ 

/5as^s^rt^'~p 



>> 



<u 
> 



s 

rt 

(71 



o 



O 

H 

c 
o 



rt 




- o 



^ o iJ ^►^ 3 a ^ii--'— I 

u u ;z; < > c/2 c/2 Q ^ f^ ph 



5 c 



JOURNAL OF CONVENTION. 



rh 
^ 






O cs vo O 
\r\ vO LOCO 



O 

oo 



CO 



O 



CO vO O O 
VO O CO O 

hH M l-H M 






CO 



o 



>n>^>»>>>»C >>>, 









c 
o 



C ^ w T) 



C! S 
O 

t/3 



bC 



C rt r- Hp. tJ ^ 

^ o ^ Ph 73 

I c:^ s ^ ^ I 

'^ O *i; O rt 






.Or 



u 



^ u u S 






d 

s 



^•5 
o t! 



^ 



X 



U ' 



rt 
fciO 

=5 s ^ 



i3J ►J^ 
(J '-- Si 

O 1^ O 

W 



.o 2 

-*■ c -> ^ 
2 rt ^ ^ 



.2 

'S 
o 

o 

c 



U o 



^ ^ O 

5 ou 

*J *j CO 

^ <^ 
^ o 

u 



-d 




<u 




S^ 




3 <y 




X> W2 




OJ^ 




1-1 rt 




fO L»^ 


" 




CO 


l-l 


o 



g 

o 



-a 

- olz; 
£Q C 



rt 



7^ u" 



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. 



i8 



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. 



19 



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, 



24 



STATE OF NEW HAMPSHIRE. 



s^ 




Vsi 




fi 


1 — 1 


'^ 




k 


»-s 




o^ 




>^ 








'"H 










'^ 


5s 


<o 


%i 


•^ 


■<> 


'S 










^> 




>^ 


,^ 




•<:? 


to 


i 


"^ 


5^ 


t 






i:- 






^ 



^ 




vo 


<^ 


•^ 


^) 


?5 


"v* 


^ 


<3 


'^ 


«^ 


•<; 


S^ 




1 


^ 


1 


y^ 




t5^ 


«-3 


^ 


?2 


r^ 








r .^^ 



•iii8 '^BpjmBg 












tjjZ '.^BpUJ 




xjj9 'X^psjnqx 


H., .hHMHIhHHHH-ll-t . MI-HJ-, !_« 


c6Zl "q^S 

;d9S ^Bps9up9^ 




i-t • >-< 1— I (-1 (-1 1-1 


>-( i-i • 


"" 


1— ( 1— 1 






d >. >> c! a c 


>^>^ >> 


>> >-. d 


d d 






C >. >.ii! c • 


>-v >^ >^ 


>.>^ >-, 


>%>-. 


1 




>%>%>^>-,!Il >^>. C >> 


>-. >> >^ 


>.d 






a >^>^G •>^c>^>^ 


• >% >-. 


>y >^ 






>.>%>>>,>-%>-.>>>-.>-, 


>. d >. 


d >» 






>, d >^ c c c: 


d d d 


d >^ d 


d d 






. d d c >^d 


>> >. d 


d d >. 


>y d 






d d d >. d d 


d d d 


c a a 


d >^ 






d d d d >, >^>^>>>% 


>, >^ >^ 


d d 






d d >, d d d 


d d >> 


>^d d 


d d 


'ii;tl 'y{^pS9Up9^ 




>.^ HH « « « « 
>.>%>-. >^ d d 


d >>d 


d >,d 


>.s 


\^£i 'X^psanx 




>^ >^ >^ >, >, fi G 


>>>-.>> 


d >,>, 




q,ZI ':{BpUOj\[ 




>, d >, >^ >, d d 


d d '"' 


d >>>^ 


1—1 1— 1 

d d 


*qjii '/Bpuns 




>% >-. >^ >^ >^ >% '"' 


>.>,^ 


>>>.>> 


>. 


Tj,oi '^^pjn^Bg 




d >^ d d d d 


a a "^ 


d d d 


M l-H 


•xi,6 'Xupuj 




d >. >^ d >^ d 


c a "^ 


d d d 


d d 


•in8 ^Bpsjnqx 




>-^ ;>^ >, >, c d d 


>^d '"' 


d >, >^ 


d d 


•i6Zi -xjjZ 
•;d9s XBps9up9^ 




d ?^ d d d d d 


d d d 


d d d 


d d 


P9I9 

-ABJX S9iim JO -oN 




nMOOOc»rv.rj-r^a\ 


^ Ln 


o 


en 
J> 

C! 
<u 

M 
O) 
;-• 

a, 
o 

s 

d 


a- 
W 

bX 

.2 

u 

c 

[3 


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- 


d 

bio2 



w 



JOURNAL OF CONVENTION. 25 



>;; >>>^>^CG>>>->g >^'>^>>>-.>% fl >%>^>^' »>-^>>>>>~.' • 

>» >^>,>,>,>,>^Gc >.->^>^>.c G >.>>>.' •>.>^>%>^ >r~^ 

>■> >^>^>^>^.>^>>>^>^ >,G>.>^>.>.GG >>>^' •>^>^>.>.>>>^G 

G >^G>^GGG>^G >.>^GGGGG>. C >-, :i • C ^ C >^ >^ ' > > 

C >^>^>,>,>.>>GG G>,G>.>. >^>.G GG ' •>>>^G .GG> > 

C GG>%GGG>~.G GGGG>%GG • GG>^GGC>%GGGG 

>> G>.">>>^>%>>>^ >^GGGGGGG >,GG>^>^>.>^>>>^ G 

G gg"g>>ggg gcggggg>% ggggggg g>%> > 

G >^>^'^>,GGGG GGg'~'gGG>-. GGG>>>^G>^>.GGG 

>^ >.>,'^>,GGC>^ GGGG>^>^GG G a G >^ >^ ^ >^ >^ a >^ C 

>> >,>^'>>GCG>^ ccGCcaca a a a >s>^c >^>^ci g 

G c>^^>^^"'^'^ "ac^cciaci a c a c ci a "vi >^s 

>, >. >^'^'^'~''^'~'>, '~'gg'^ggg>> GGGG>^GG>-.G g 

>. >^>,G>,GGGG g' GGGGGGG aaa>^>,C!iCaGi^ 

G >>G GGGGGG 'ggGGGGG >> G GGGGGGGGG 

O (^ CO Thoo vO -^ O CO r^OvOMCOOO^ 00 O O M O <^ O O ^ O O 






m 



O M M g m -^ J-OVO t^CO ON O '-' C^ <^ 

Vw' s^ v^ g ^^^X^ Vw/^w' Vw/v^ ^w^V^ V-^ 

W3 ^ .G > 

c <u 7:; g ?: 

O, — ,._rtT^r— c-^:/2n-Jr-^o G-^wci — I 5^ Gr> ti ^/iHti 



Bt^c^^.S'^ g^^ o:g2 o^-J g^ |S r^p-O ^ - ^ S c. ^Go| 

g^'a^ri3St:.^-5t:scSG>>^s-j2^'ii?,£>'^a o t-gs 

C^Ci.uOaja.O^c-OooSrtrtrtrt'i^-^^ajOGQ o cTJcjr^ 



26 



STATE OF NEW HAMPSHIRE. 





•qi8 ^^i3p.miBS 




















^,1 'X^puj 1 






^;9 'Xijpsjnqx 


. ^ MK, h-. H-,I-<I-HHH „.l-l-(l-ll-(P-< 




;d9S X'BpS9Up9^ 








>-\ • 


C! 


. 


>^ 


S 


!=!>-,>% 


>. C >-.>>>. fl CJ 






>» >> 


>> >% 


>-. 


>, >, >^ >^ 


• 


c >, >, . C C! 






>. >. 


fi 


>> 


>^ 


>. >> c >^ 


>,>-,>,>> >^ c a 






>^ >> 


>^ >> 


>» 


>, 


>^ C >-. 


>-> 


c >^>^>^G a 






>> >^ 


>> >. 


• 


>-> 


s >-. >^ 


• 


C P-, >^ C C >, 






>. >^ 


c 


g 


• 


c 


>. >> fl 


c 


c c c >, c c; 






fl c 


fl 


>> 


• 


>^ 


c >> c: 


>> 


C! C fl • >^ • 






C fl 


• 


c 


• 


>. 


c; >^ c! 


c 


>, S >> • CI • 






>^ >v 


'-' 


>^ 


>. 


c 


>> >^ >> 


c 


>^c >>^ fl >-. 






S G 


'"' 


s 


c 


fi 


Sac 


c 


d c e: G d c 




"•il,i7I 'X^pS9Up9A\ 1 


CI S 


'"' 


r< 


c 


c 


fl >>S 


s 


c S c d >^ a 




•^jCi 'XBps9nx j 


S c 


"-■ 


S 


c 


s 


S >^5 


rj 


C C! >. CJ >. >» 




t,5cl 'i^pUOIV 


C 5 


• 


s 


s 


s 


S >> c 


rj 


c c S S S S 




q,ii 'XBpuns 


>.'"' 


'-' 


>% 


>. 


'-' 


>.>>>. 


-' 


^ ^"^ >>>>>-, 


^S 


njOi 'i^pjni^s 


>.3 


-' 


>. 


c 


" 


S >> c 


'-' 


'~' c c H >> a 




qj6 'XBpuj 1 


>. >% 


-" 


>> 


>> 


•-' 


>%>>>> 


'-' 


c S S " S 3 




•tuS ^^ps-inqx 


c fl 


c 


c 


s 


c 


S S " 


5 


G c; >^ >, G a 




•16ZI "qjZ 

•:jd9S AEpS9Up9^ 


S S 


s 


s 


>> 


c 


>> >^ c 


S 


C G G G S S 


Is 


•P919 

-ABJX S9yiiu JO -oM 


1^0 








CO 


fooo m 


00 t^ ►"! t^ ON 

CO to CJ M HH ro m 




Names of Representatives. 


3 S 

. > 


CO 

r- CO 

a . 

^^ 

>-i qj 


'0 

C! 

a 
(-1 



u 




'O 


CO 

OJ 

U 
:^ 


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. 
Wakefield &c. (28) 
Conway, Sec. (29) 
Nottingham West 
Litchfield 
Dunstable 

Merrimac (30) 
Bedford (31) 
Ciofifstown 

Holies (32) 
Amherst (33) 



JOURNAL OF CONVENTION. 



27 





)-,«►-, 


'- 


N, . . 


•-' 


'- 


«!-,►-, 


w . 


I-, . 


« HH HH 






p-i 


















C >^ . 


c 


c >-. c 


c 


rj 


>.c c 


>, c 


G . 


>-. G G 


G G G G G G 


C >-, • 


>-. 


c • • 


c 


• 


>, c c 


>. G 


• • 


>-. G . 


>->>%>.>% G G 


C >> >^ >-. 


c c c 


>. >^ >, c >% >-. c 


G G 


S-. >. • 


>»>-.>> G G G 


C >^C 


>^ 


c >-,>->>>>>>,c c 


>> G 


>> • 


>. G • 


>^ >% '^ G G G 


>^ >-. >, ?-. 


C >. >i 


, >> 


>%>%>,>, 


G >. G • 


>> >-.G 


>^ >^ >. >> G G 


c c c 


c 


>iC >^ 


c 


c 


c c c 


>> G 


>^>. 


G >, >. 


G G G G >>>, 


c c >> >^ 


c . c 


c 


>-, c c c 


• >> 


G G 


G G • 


>> >> G >-. G G 


j2 rj rj 


c 


c c c 


c 


c 


>^c c 


• G 


G . 


a :: c 


G G G G G G 


>^ >, >. 


>. 


>. >> c 


c 


r-> 


>i C >^ 


>^ 


r^ '"' 


C >,G 


G >. >. >. G G 


c c c 


rj 


c " c 


>. >. 


,c >.>, 


^ C 


>% 


G >^G 


G G G G >>G 


G c a 


c 


c c "^ 


■-I 


'-' 


c c >^ 


>-> 


c 


G G G 


G G G >^G G 


c c c 


'-' 


c >^" 


-' 


'-' 


c c c 


' G 


C G 


>, G >% 


>, G G G G G 


c c "^ 


• 


c >^'~' 


^ 


'-' 


C G C 


G 


G G 


>.G >. 


>, G G G C G 


>> >^" 


'-' 


>% >." 


'-' 


'-' 


>^G 


• HH 


p— 1 1— 1 
G 


>.G >N 


G >. >> >^ >, >> 


c c ^ 


-' 


c >>" 


*- 


« 


G >," 


« « 


>> G 


G G C 


G G G >, G G 


>^ c ~ 


'-" 


c >,'"' 


'-' 


'^ 


« ^« 


>^^ 


G >, 


>. G G 


G >. G G >% G 


>^ >% c 


c 


c >^c 


c 


g 


C Ci c 


>.G 


>^ G 


>> >^ >^ 


G C >, G >. G 


1— 1-H . 

c c 


c 


c c c 


c 


c 


C >>G 


>%G 


G >> 


Ci '^ Ci 


G >.G G G G 




M CO 

>J-> ro -^ M 


■^ T}- ro CI 


u-1 
CO CS i-i cs 


t^co CO CO 


000 
MD vO 


"->:o vD CO 



o W 



-4-" '^ 

rt -G 

wi G 

<u O 



GU 
►G Jr -^ 0) 



cr 



W 

G 



w 



m 



t/3 



i^ G 1^ ~ - 

^ ^ -^ 5 -1 

O G r> x- 

I— > G •"* OJ 

.4) . ^ 

Ui V- U, o 



G "i; t. 



C2 t^ 



a u 



'- "^ O -r ^ '-^ 

c/:^^ G-^ 
O^ -^ O G 

C i^ G 
< rt O 



ct"-" 



5E 



G 

i: > 

ci <v 






rt oj rt 






rj 



re J^ r- 

° 42 *G 






t/2 






a (u 5 



G 

5J -X'TJ 



oIg -S:^ £ 

i^ ^ n r" 

.ti ;> ^ G h 
^ ^ ^^ ^ 

^ G O <U iH 

rt 'V' 'V' 'v' 1) 

„ ^ ^^ 

y: . . . f) • 

•^ u^ 1-1 ui i:: v-i 

y S S ^< S 






u-iO 



C3 

w^ G 

rt cj > 

^ ^2 



ON O 



o 



w 



crt 






G 

2r 
O , 

3i:i 






rt oj t, «~^ 



7=^ 
« G 

.. O 



2^' 



rt .-G ? - rt ^ 
-G aj 



O o 
C 



O cA. O 



G 

O 



G n:; 



OJ 1^ '^ 



ci ::^ r: <l^ ^^ 

^ . — r3 ^ .1 i 

"G ^ '^ u. 



<L> 
> 

G ^ 

o^ 

G< 

g" 
o 

Ij g 



cy 



G 

cy 
C 

o 

■4-> 

a; rt o 
T^ aj G 






cA)^ WEK;z;K 



":c/2G-n;5-cXrtt;o 



>^-C 

C ~ O ^ 

rt ' "■ 



G 

G ly ^ 



<v G 



CO 



cj he .G n) ;ii ,« 

5 ^^ ^ u S 



28 



STATE OF NEW HAMPSHIRE. 





•qiS '^Bpjm^s 1 














,„Z 'A\ipu^ 1 




,„9 'Xnpsjnqx 




^ 


'-' 


I-, K-, w 


• 


^ • -^ 




z6li "njS 

:id9S ^EpS9Up9^ 


■ ' " ■" 






>, C • >^ >% >^ 


g 


G 


G G >^ 


>% 


G G G 






CSC • >> . 


>> 


G 


G G >, 


>> 


G G G 






G CI fl . >> >^ 


>^ 


G 


G G >-. 


>% 


G G G 






a a a • >> >. 


?-. 


G 


a a >^ 


>^ 


G G G 






>^ c >-, G >^a 


G 


G 


>> G >> 


>^ 


a >^Ci 






c c c C G >-. 


rj 


G 


>-. G G 


>-^ 


P>. >> G 






C >.>%>>>. fi 


G 


G 


G a a 


rj 


G G >, 






G C C C C C 


G 


G 


G G >. 


G 


• G G 






G C >> >-. G C 


G 


1-1 


>,G >^ 


G 


>^G >> 






G G G G G G 


G 


G 


>>C G 


>. 


G >^G 




•qjl^I ';{EpS9Up9^ 


G C C G G G 


G 


G 


G G G 


G 


C G G 




•i„£i 'Xi3ps9nx 


G G >^G G G 


G 


G 


C G G 


G 


G G G 




^^zl 'XT2puo];\[ 


G G >^ G G G 


G 


G 


a a ci 


G 


G G G 




njii 'A-Epung 


>^ >% G >^ >, >, 


G 


>. 


>^^ a 


>^ 


>,G G 




q^OI 'XEpjU^Eg 


G G >. >. G G 


>> 


I-H 

G 


G '"' >, 


G 


C G G 


55 


•qj6 'iCnpuj 


G G G G >, G 


'-' 


G 


G G G 


JH 


G >.>^ 




■tn8 ^^ps-rnqx 


G G >^G G >. 


G 


G 


C G G 


G 


" G G 




•i6Zi -,„/ 
•;d9s Xnpsgupg^ 


C G G G G G 


G 


G 


G G G 


*^ 


G >.>^ 


s 


P9I9 

-AEJX S9iiai JO -ojsj 


^ l^ O O vo ro 
vo vo vO ^ Tt U-, 






CO 
vo vo r^ 


vS 


r^ t^ Ti- 

Tf Tt- '^ 


> 

<L) 

cu 
&. 

o 

s 

rt 


Colo Daniel Rand 
Mr. Andrew French 
Sanford Kingsbury, Esq^ 
Moses Chase, Esq"". 
Mr. Uriah Wilcox 
Capt John Duncan 


cr 

W 

<U 

B 
'0 
X 

"^ 

G 
£ 


-a 

;-. 
OS 

G 


S 

_o 


Mr. Jedediah Tainter 
Mr. Nahum Parker 
Col° Joseph Kimball 


cr 

w 

g" 

rt 
u 
G 

G 

Q 

'^ 

g 


Sam'. Livermore, Esq"". Pres- 
ident 
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. 



JOURNAL OF CONVENTION. 



29 







" ■ ' 


>> >-, >>>>c a a 


C >,>-,>-. G C >^ 


C >, C >. G C >-. 


G >-, >> >^ G G G 


>. >. >^ G >.G • 


G >% C >^ G G G 






>^ >> >, G ?>^ G 


* G G C G >^G G 


* C C G C G G G 


G G G G G G G 


G G G ^ C G G 


HH M « >^« -. -, . 
G >^ >% G >i >> 




G >-. G >. G G >•, 


>^?-.>>G G G >^>> 


a '>>>^'>^ C !^ G a '~' 


>-, ' a "^ >>G >>G 


G 


QroOC-JO'NMO 
LOVO vO r^CO 00 vo 









cW 






u* G •" u' G 
cr'u:^ -G CT 0) O 

3 y *^ 'g 



G 
rt 

rt G 

:ih o 



•yl^-- 



ti -G OJ 

z: ti ■i=' 



rt 
U 



ri 
Ui C 

<u o 



■— . rt O ►-» rt rt , 

,y U U :> U U . 









o 

G 





G 


G 
0> 


>-> 






^— * 




Ul 


u 







Q 


l&Cov 
& War 
Wentw 




6 


o>j 


:g 


G 



cy 







JO c 


<u 


n 




,G 


rt 
u 
G 






i- rt rt 



15 yeas 
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 


G 


61 yeas 
34 nays 


OJ 

rt 

C/3 


62 yeas 
35 nays 




37 yeas 
59 nays 



in 
a 
a 



55 yeas 
31 nays 



4) ^ 



> 
O 









u 

G 

'o 

I — > 

u 






G - 
rt ,, 



':i 






• S 
'0 



^ Q 



o 

•4-" 

if) o 

rt t- 



o ., 



C o 
^i' rt 



■*^ 00 

.1:: o 
a ■"■ 

7^ "^ 
» 'O 

'g^I 

•'— ■!-> 
^ ^^ 

^^ 

G QJ 

3 > 

*— I ■4-> 
1) "-t-l 



'.i-i G 

O 3 

rt G 

^ rt 

'g ''^ 

G t^ 

^ ON 



rt 
G 



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. 

3 



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. 



41 



Which Report was read and considered, received and ac- 
cepted. 

Read the Bill of Rights & Constitution of the State. 

[p. 44.] Adjourned to 3 o'clock, P. M. 
Met accordingly. 

Voted That the Constitution be read by sections or arti- 
cles, in order that any member may offer his sentiments rel- 
ative to any defects therein and propose such alterations as 
he may think necessary. The i^*, 2'\ 3*^\ 4*^ & 5*^^ articles 
in the Bill of rights were read and no debate ensued. 

The 6"^ article was read & largely debated and some al- 
terations proposed, but no vote obtained in favour of the 
alterations. 

A motion was made to erase the 6*^^ article in order to 
substitute another in its stead ; on which motion the yeas 
& nays were called and are as follows, viz. 



Veas. 


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 



42 



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. 



45 



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. 



58 



STATE OF NEW HAMPSHIRE. 









"V: 






Ci 



CO 
<3 



^ 



^ 

^ 



■5^ 



^ 



1 


• . . . • 


1 .„.„.«««...« -IH-IMMI-C 


•q,i7 'XBpUOp\[ 1 




p£ 'X^pung 1 


.|_C .M .HI-II-H . • .l.HI-HI-(l-ll-ll-Hl-l>-( 


•p2 'XEpjnjBS 1 


.l_ ._ .MMI-II-..-1 .H-IHHP-I>-II-I>-I1-I)-I 


jsl 9unf '^Bpuj 1 




,,ie '.(Tspsjnqx 




'z6li \-iOi 
K^zy^ 'XBps9up9AV 




1 


q,Sc 'XupjnjBS 1 




tljtc '.(Bpuj[ 1 


„„„«„„„„«.H«««^«««« . 


pCc 'XBpsjuqx 1 




poc '/lJpS9Up9_^ 1 




,sic '.(Bps9nx 1 




i„oc 'i{Bpuoi,\r 1 


«'^>>c>^ScSg>.Scc>^Sc>>c>%c: 


,j,6i 'X^pung 1 


(V)„H-,l-.l-l-HNH-Hl-<«M-ll-.-il-Hh-ll-.»H.^>-l 


^,81 'ABpjnirs 1 


«c>^>^>^>^c c c c" >^fi>,>^c: c fl >, >> 


x„Zi 'X^puj 1 


2S>^aS>.>^cfi>,cS>^'^c>.>^ccS 


,j,9i 'XTjpsjnqx 1 


>^>%>^>%'^ >^>,>^>^>»>^>^>>>^>^C >^>>>^ 


•n,Sl 'Xt3pS9Up9^ 


>>>>>>G >^G C >,G C G G >^G >^>^>.>> 


xjjf I 'X^psgnx 1 


GGGGG>%G >^>, >-,>^>,GG>>G>^fl 


q,ei 'Xtjpuoj^ 1 


G >>G G >>>^>-,>>>^>^>^>>>,>^>^G >^>^>-> 


^;^zl '.^Hpung 


G >^G >>>^>,G G >^>-.>>>>>>>>>%>.>.>,>, 


t^^ii XBpjn;T3S 


G >%G >^>-^>-,G G >->>-v>%>.>^>^>^>.>>>>>-. 


xijOI 'XT2piJj[ 


G >-,G >-,>>G G >^>^>^>^>^>^>^G >^>-,>>G 


^6 'Xtpsjnqx 


>^t^>-,>, >,G>>>>>^>>>^C>>G>%>. 


•c6Zi \,8 
•q9j; 'Xi!ps9up9^ 


>%>-.>%>^C >,>-,>,>>>%>-,>>>-.G >-.G >^>-» 


•[p9 

-;^9d9.i ;ou] p9{9 




or: 
> 

e 

w 
<u 
;-■ 

0) 

o 

a 


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 

3- -j'u3S3jd3i SSD^ld pUE 

'^ suMOj JO saumu a^x 


N 



JOURNAL OF CONVENTION. 



59 



.. . ^ 




,1-11-|1-1«1-I»H« .l—l-l — l-ll-l • 


HH • • • 




— ^ 




14 (M tl-l .)-|»-|l— |l-<|4>-|14 .l-ll_l— ,1-11— 11— ll-l .i—ii-iHHl— IWI— ll-l >-l 


^ , ^ .1-1 .(-.HHI-ll-IH^I-ll-l .i_i-|i-,,-li_|l-il-l .HHI-il-il-ll-ll-ll-l —• 


.HH .|-||_1I4I-I>-I>-II-N ._1H«I-Il— 11-11-11— 1 .>-<(-ll-ll-ll— IMI-H l-i 


,M ,l-|14l-(«-|l-|l-ll-| .HHI-1I-II-II4 .1—1 .1-1 .|-,|-|(-|l— ll-< l-t 














C 


'^ >% 


cc>%>.cficd Gccc>>c: 


>. C C! C C 


c c c c 


G 


>>>^ 


>, >^ 


c>^>^ >%>,>>>,a>^>^>.c>>>%>->>-.c:c: 


c c:_>^ >5_ 


rj 


H< l-l 


C C 


S'^ccciGc:c>>ccc>,>,G 


>, >^ C C C 


c C C G 


to^ 




■ I k > h 1 >- ^d b^ 


>-. 


c c 


>.c: c >-.>>c >-.G >-.c c c: >,c >^>^>^ 


c c -? = 


>> 














>> >. 


>N >. 


>>CC>,>-,>^ CGCC3>^>,C! 


>^ >>>%>-. c 


>» c >. >, 


>. 














>% >> 


c >. 


Gccc>^c>-,s>,>-,c>>c:cc: 


>.>^c c 


>^ >, >, >-, 


>. 














>-. 


>,c 


>.>-.G >>>^>^>^C G >^>^>^>^C! >, 


CI C >^ >N >> 


c c c 


>. 










k— 1 4 1—4 




>. 


c a 


>,>^c: >>>^>^>,c c >>>,>^>,c: 


>, >^ >^ >N C 


>^ >^ C >-» 


>> 










■ 




>. 


>^ G 


>.>^c:>,>^c>-.>^ ccG>>c! 


>, >^ >^ >^ c 


>^ >-.>-. >> 


>. 


>^ >. 


>^ c 


>~,>-,c;>^>,G>,>>"^>%>%>^>^ci 


>%>>>. >^ c 


>-,>%>.>, 


>> 


>> G 


C H 


>,>,G>^>^CCCC>^fi>.CC 


>, c >^ >-, c: 


>,>>>-.>> 


>. 


>-. 


C >. 


>> cc c a >^G a a a >^ ' 


>^ >^ >%" >^ 


>-,>%>% G 




>% 


c >, 


>>>%Ge>^>>>^cc5cc>^>% 


>> >^ c: 


>-^ C P^ >> 


>-> 



bZ:^ '^ is - 
ST" u h i2 »- 

US u CO 

CLDh j-i *j'^ 

o o o o:d 



W o 9 



cr o 

(n O 



cr 
y o 






O 

C 



CO 



-*-» -4— » 

>^ a ri 

•5ZZ 

o . . 



d 



cr- 

w 

H O 



o; J- .i= O O 
P3 S H U U 



"? .:z rj G G 
rt \ c -G ^_ 

G jj -G -J i^ 




Gy . 



•-: ^ p _-^ 



^ S ^ G g 



W cr 



c ^^CU-^ G ,. 



x 1) 

4) 



►^.5 c 12; !r 
. :=: 5 . "> 

>- IT* _G >-• 1) 



QJ 



QJ 



a G 






2; 



6o 



STATE OF NEW HAMPSHIRE. 



•^ 
^ 






^ 



^ 



1 


... . ..... 


1 „««««.H..,«KH«« „KH«««««HH 


•,„i7 '/ilZpUOl^ 1 ^^^^^»>^^^^^ HH.H«««««« 


pe '.^Hpung 1 -^««-««H.,«^H«« H,„„„..„„^ 


•pC 'X^pan^BS 1 ««««HHKH,^«,^«», H^.H«HH«««-. 


,sl 9Unf 'X^pUj 1 HH«H,«HH«HH«H-,HH« „««HH«««M, 


,sie 'X^psanqx 1 ^-^^^--^^-^-^ „„«„„„-,« 


•^6/1 \i,oC 
X-Bi\[ 'XHps9up9yv\ 






•ti,S3 'Xi^pjniBS 1 




i„i73 'X^puji 1 




pCc 'X^psanqx 1 




pcz; 'XBps9up9^ 1 




jsic 'XBps9nx 1 




,„os 'iC^puojAj 1 


«*^">^>>35d>.5>^a >>cfl>^>> S5- 


q,6i 'X^pung 




,„8i 'XBpjmi3s 


«'^c>,"c5ScS>%c! CCCClfl Sd 


^5ZI '.<Bpuj 1 




^,91 'XEps.mqj, 1 




•q,Sl 'XEpS9Up9y\\ 1 




\„17I 'XBps9nx 1 




m£i 'i(Bpuop\[ 




inz:i '/CBpung 




q^ri '/CBpjn;Hs 


^^^«„„«„«„.H„ „„«„„ «„ 


xnOI 'XBpiJJ 




ij,6 'XBpsjnqx 


>^>^a >,CGc:>, c!>>ccicj >.c 


•26Zi \i,g 

•q9J 'XHpS9Up9^ 


^ >^fl ' >,>^fl C S C >.>^ S C >>G S G >> 


•[p9 

-;ri9d9.i ;ou] pgp 

-ABJX S9|IUI JO -oM 




a- 
■*-> 

<L> 

(U 

P^ 

o 

tn 

S- 


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'. . 


psiBadsj lou aaB pa 

-lU3S3.ld3i S30B(d pUB" 

suMO^ JO S3UIBU aqx 





JOURNAL OF CONVENTION. 



6l 







N( M l-< l-l • 








JM 1-4 l-l i-l • 






















.»-< »M ^N HH 




►i* P-I >-( P-( 




^ « « « 




l-l (.4 M l-l 


G 


>. >^ 


>^ G 


>. G G G 


G G 


a >^G >^>> 


c 


>^ 


>% 




^' >^c a 


>.>^ 


-" 


C G 


>,"" G G 


HH « 


>> >^ 


C G C "^ 


'-' 


'"' 


>-^ 


G >, >, 


C fi c c 


C 


G 


c 


G G 


G G G G 


C G 


G G 


C C G "^ 


^ 


c 


c 


C G G 


>^>>C G 


G 


C 


« 


>. G 


>,G >,G 


G >. G >^ 


>>c c '^ 


" 


>^ 


G 


>. G >. 


>»C C "^ 


• « 


" 


c 


>,G 


c c c a 


G G 


G G 


C >. >i 


*- 


c 


G 


G G G 


>>c >,c 


• — 


^ 


G 




G C >> G 


C G 


G G 


G C >> G 


c 


c 


G 


G G >> 


c >. >, c: 


G 


C 


>-i 


C " 


>>>,>, G 


C >. 


G >, 


G G G G 


>> 


>% 


C 


>^ G >> 


>>>> * "^ 


' G 


G 


« 


G >. 


G >^ >> G 


>>'^ 


>, C 


>-, >^ G >-. 


>> 


>% 


G 


G G >> 


>,>,s "■ 


C 


G 


j< 


>% G 


G >^ >^ G 


>. G 


G C 


G >,G G 


>> 


G 


G 


G G >, 


>>>,S '^ 


G 


rj 


G 


>> G 


G >^ >^ G 


>^ G 


>, C 


G >,C G 


>> 


G 


G 


a G >^ 


>%>.C G 


G 


G 


C 


>^ G 


G C >^ G 


G G 


G G 


C C G C 


>^ 


C 


~ 


G G >^ 


C G ^ >^'" 




« 


C 


.>^ G 


>xG G G 


>. G 


C G 


a "^ a c 


>> 


^ 


C 


a p^a 


C C G G J 


3 G 


C 


5 


>vG 


'cG-aa 


>.G 


G G 


>y >^>^>^ 


r< 


G 


G 


G a a 



fl) C t/3 v_( 

O <U M O 

in t: o 



O G . 



rt G 

JJ G 

rt 5 

re fl) 



a> G 



o- 



be '-' 
.2 '-n 



:73 rt 

CO 



^ww 



^^f^i:; 



■^ G ,£- 






G C -^ 
5 Of: 





a 




■T! 




G 

rt 


O 


X 




c; 






';:; 


< 


o 


G 


kH 


<U 


(U ^ 


biO 3 


O 


<u 


r./' 


r/" 



Wg 

G rt 

G rt 
rt <L> 



js^ A/ <L> y 



cr 

^ ^ G t/3 o u 

Q ?3 ^ - -- 



i i ^ i ,o 






C/3 



, , „ ^ri O 1- 

^ < ^ U < CO >< .^ 






"o 

3 



'H G S'rt 
rt— ^:!^ 

G^^N^ 
C rt r; ^ 

£•-5 S-a 

O SJ r- <U 

--r ^3 73 crt 
CO 1 — ,Z •— » 



QJ ^i^ 



U 



o 
U 



62 



STATE OF NEW HAMPSHIRE. 







1 • • • 






|l_M .HIH- .^Hl-(l-.l-.^l-l 






,„t 'XepuoiM 1"" .««« .„«.,««« 






pf 'Atjpuns l^"" •««- .^►.H.^H,^ 






pS 'XijpjniHg I'-" .««« .„««««« 






,sl 9Unf '.^T3pUj 


1^-^ • 






5.ie '.(i^psjnqx 


\-- • 






•<:6Zi 'qjoC 








1 


1 1 




xjjSz; '.^Bpjm'Bs 




Q 




^,fz '.(Bpuj 


||^ |-HI-IP-ri-.l-(|-Hl-HI-,l-tl-HI-H 


1 




pfs 'Xupsjnqx 










-^3 




pZc '.{l3pS9Up3^ 


- ■ 













jsic 'Xnps9nx 


_* l-,HHI-.l-.HHKH.-^MHI-ll-HI-. 


;-( 




qjOZ: 'i(l3pU0I/\I 


. !•-( 1 d > N N ^ 






C C>,C!G>-,C!>-> >>>,fi 


^ 




,[,6 1 'A'^pung 


>^cccicc;c!>>>-.'~'>> 







tijgi '^EpjmBs 


G a G c a G >.a a G c c 


G 




x„Zl '.^BpUj[ 


'"' c c >» >^ >^ >, >, >> c ^ >> 




5t. 


q,9i '.{Bpsjnqx 


G GGG>>>,>,GC>-,g'~' 


s 




q,Sl '.{HpS9Up9^ 


>^ CCfi>N>> G>%>>>-.>-, 




t 


t(jl7i 'XT3ps9nx 


>, >^>,>^CG>%>^>.>^>>G 


G 



1 


x„£i 'Xi^puoH 


'~' GG>>'~'>>>^>^>>G>^>. 


§ 

n 


5» 


n,ci 'X^pung 


G GGG >~,'~'>,GGG>-. 


^ 

"b 


x,jii 'XBpjn;BS 


>, GGG">^'~'>-^GGC>^ 




t[}OI 'XBpUjJ 


GGG >^>^>-,GGGG 




t; 


,„6 'XBpsjnqx 


G >-,GGG>>GG>>>>>-.>> 


G 


^ 


■z6li 'q,8 
•q9 J 'iBps9up9^ 


G gS>^>.>.>^*G>^GG 


G 




•[p9 

-;B9d9J :jou] p9p 

-ABJX S9piU jO 'oN 









^> 

'•+3 

a 

<u 

(U 

a. 

O 

s 

OS 


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 


"3 

G 

's 

biO 

G 

*^ 

w 

H 


I— J 




•03 -luujnof am u; 
poicadaj ;ou sjr pa 
-juasaadDj s3DUjd pue 

SUAVOJ JO S3U1BU sqj^ 





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 



10 



II 



[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 

5 



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. 

2. 

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. 

3- 

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. 

6. 

As morality and piety, rightly grounded on evangelical principles, 
will give the best and greatest security to government, and will lay, in 



72 STATE OF NEW HAMPSHIRE. 

the hearts of men, the strongest obligations to due subjection ; and as 
the knowledge of these is most likely to be propagated through a so- 
ciety, by the institution of the public worship of the Deity, and of pub- 
lic instruction in morality and religion ; therefore, to promote those 
important purposes, the people of this State have a right to empower, 
and do hereby fully empower, the Legislature, to authorize, from time 
to time, the several towns, parishes, bodies corporate, or religious so- 
cieties, within this State, to make adequate provision, at their own ex- 
pense, for the support and maintenance of public protestant teachers of 
piety, religion, and morality : 

Provided 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. 

7. 

The people of this State have the sole and exclusive right of govern- 
ing themselves as a free, sovereign, and independent State ; and do, 
and forever hereafter shall, exercise and enjoy every power, jurisdiction, 
and right, pertaining thereto, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America in Congress 
assembled. 

8, 

All power residing originally in, and being derived from, the people, 
all the magistrates and officers of government are their substitutes and 
agents, and at all times accountable to them. 

9- 
No office or place whatsoever, in government, shall be hereditary — 
the abilities and integrity requisite in all, not being transmissible to 
posterity or relations. 

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 



76 



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 



78 



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 

6 



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. 

V 

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 

8 



Votes 
for the 
Amend- 
ments. 



Votes 

against 

the 

Amend' ts. 



114 



STATE OF NEW HAMPSHIRE. 



Votes 


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. 

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 towns and parishes, to be duly warned and holden an- 
nually forever in the month of March, to vote in the town or parish 
wherein he dwells, for the Senators in the county or district whereof he 
is a member. 

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

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, entcrprize and means, all and every such person and per- 
sons as shall, at any time hereafter, in a hostile manner, attempt or en- 
terprize the destruction, invasion, detriment or annoyance of this State ; 
and to use and exercise over the army and navy, and over the militia in 
actual service, the law martial in time of war, invasion, and also in re- 
bellion, declared by the Legislature to exist, as occasion shall necessa- 
rily require : And surprize, by all ways and means whatsoever, all and 



134 STATE OF NEW HAMPSHIRE. 

every such person or persons, with their ships, arms, ammunition, and 
other goods, as shall in a hostile manner invade, or attempt the invad- 
ing, conquering, or annoying this State : And in fine, the Governor 
hereby is entrusted with all other powers incident to the office of Cap- 
tain-General and Commander in Chief, and Admiral, to be exercised 
agreeably to the rules and regulations of the Constitution, and the laws 
of the land : Provided, that the Governor shall not, at any time hereaf- 
ter, by virtue of any power by this Constitution granted, or hereafter to 
be granted to him by the Legislature, transport any of the inhabitants 
of this State, or oblige them to march out of the limits of the same, 
without their free and voluntary consent, or the consent of the General 
Court, nor grant commissions for exercising the law martial in any case, 
without the advice and consent of the Council. 

The power of pardoning 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. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this State, until the same shall 
be altered by some future law. 

No monies shall be issued out of the treasury of this State, and dis- 
posed of, (except such sums as may be appropriated for the redemption 
of bills of credit, or Treasurer's notes, or for the payment of interest 
arising thereon) but by warrant under the hand of the Governor for 
the time being, by and with the advice and consent of the Council, for 
the necessary support and defence of this State, and for the necessary 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the General Court. 

All public boards, the Commissary-General, all superintending officers 
of public magazines and stores, belonging to this State, and all com- 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially, and without requisition, and at other 
times when required by the Governor, deliver to him an account of all 
goods, stores, provisions, ammunition, cannon, with their appendages, 
and small arms, with their accoutrements, and of all other public 
property under their care respectively ; distinguishing the quantity and 
and kind of each, as 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 

3 

4 

5 
6 

7 
8 

9 

10 

u 



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 

14 

15 
16 



For 
2407 
2624 

2300 

2542 



17 2763 
2343 

2329 

2693 

22 2946 



18 

19 
20 

21 



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. 



24 

25 
26 

27 
28 
29 
30 



33 
34 
35 
36 
37 
38 

39 

40 

134.] 
41 
42 

43 

44 

45 
46 

47 



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. 

Do. 

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

• Accepted 
......Do. 

.Rejected 

.Rejected 
.Accepted 

• Rejected 
.Rejected 

• Accepted 

Do. 

Do- 



48 

49 
50 
51 
52 
53 
54 
55 
56 
57 
58 

59 
60 

61 

62 

63 

64 

65 
66 

67 
68 
69 

70 

71 

72 



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 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 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. 

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 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. 

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 
[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. 

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 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. 

X. 

The doors of the galleries of each house of the legislature, shall be 
kept open to all persons who behave decently, except when the welfare 
of the state in the opinion of either branch shall require secrecy. 



JOURNAL OF CONVENTION. l6l 



XXVI. 

The members of both houses of the legislature shall be compensated 
for their services out of the treasury of the state, by a law made for that 
purpose, such members attending seasonably, and not departing with- 
out licence. 

All intermediate vacancies in the house of representatives may be 
filled up from time to time, as the annual elections are made. 

XXVII. 

The house of representatives shall be judge of the returns, elections, 
and qualifications of its members ; as pointed out in this constitution. 

XXVIII. 

The journals of the proceedings, and all public acts of both houses of 
the legislature shall be printed and published immediately after every 
adjournment or prorogation : And upon motion made by any one mem- 
ber the yeas and nays upon any question shall be entered on the 
journals ; and any member of the senate or house of representatives 
shall have a right on motion made at the time for that purpose to have 
his protest or dissent with the reasons against any vote, resolve or bill 
passed, entered on the journals. 

XXXIX. 

The several paragraphs under the head President in the constitution 
shall be altered by expunging the word President, and inserting the 
word Governor in lieu thereof. 

XLIX. 

The Secretary of the State shall at all times have a deputy to be by 
him appointed, for whose conduct in office he shall be responsible, and 
in case of death, removal or inability of the Secretary, his deputy shall 
exercise all the duties of the office of Secretary of this state, until an- 
other shall be appointed. 

L. 

The Secretary before he enters upon the business of his office, shall 
give bond with sufficient sureties in a reasonable sum, for the use of 
the state, for the punctual performance of his trust. 

LI. 

The county treasurer and register of deeds shall be elected by the 
inhabitants of the several towns in the several counties in the state, ac- 
cording to the method now practiced, and the laws of the state : pro- 
vided nevertheless, the legislature shall have authority to alter the man- 
ner of certifying the votes & the mode of electing those officers, but not 
so as to deprive the people of the right they now have of electing them. 

LII. 

And the legislature, on the application of the major part of the in- 
habitants of any county, shall have authority to divide the same into 
two districts for registering deeds if to them it shall appear necessary, 
each district to elect a register of deeds. 

11 



1 62 STATE OF NEW HAMPSHIRE. 



LIII. 

The county treasurer and register of deeds before they enter upon the 
business of their offices shall be respectively sworn faithfully to dis- 
charge the duties thereof, and severally give bond with sufficient sure- 
ties in a reasonable sum for the use of the county or district, for the 
punctual performance of their respective trusts. 

LVIII. 

The general court are impowered to give to justices of the peace ju- 
risdiction in civil causes where the damages demanded shall not exceed 
four pounds, and title of real estate is not concerned, but with right of 
appeal to either party to some other court, so that a trial by jury in the 
last resort may be had. 

LIX. 

No PERSON shall hold the office of judge of any court, or judge of pro- 
bate, or sheriff of any county after he has attained the age of seventy 
years. 

LX. 

No JUDGE of any court, or justice of the peace shall act as attorney, 
or be of counsel to any party, or originate any civil suit in matters which 
shall come or be brought before him as a judge or justice of the peace. 

LXI. 

All matters relating to the probate of wills, and granting of letters 
of administration shall be exercised by the judges of probate in such 
manner as the legislature have directed, or may hereafter direct. And 
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. 









7 





33 


5 





53 





6 


27 


12 


64 


19 


9 


2 


98 


31 








59 


16 





30 


4 





25 





10 


41 





5 





.50 





38 


14 



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. 



12 



22 
18 

41 

O 

16 



o 

32 



o 

19 

9 

5 

II 



Ags't. 



O 

3 

o 

20 

2 



14 
O 



28 

2 
I 

13 



33 
o 



COUNTY OF STRAFFORD. 



Barnstead, 

Barrington, 

Conway, 

Dover, 

Durham, 

Eaton, 

Effingham, 

Gilmantown, 

Lee, 

Locations, 

S. Stark, 

A. Stark, 

Hugh Sterling, 

Madbury, 

Merrideth, 



II 


2 


31 





63 





24 


43 


29 





18 


2 


41 





10 


I 


25 


I 



Middletown, 

[p. 171.] Moultonboro', 

New Durham, 

New Durham Gore, 

New Hampton, 

Ossippee, 

Rochester, 

Sanbornton, 

Sandwich, 

Sommers worth, 

Tam worth, 

Tuftonborough, 

Wakefield, 

Wolfborough, 







16 
14 






9 


2 


14 
30 
21 

14 





I 






18 










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. 


33 


O 


8 
34 






34 


o 


























39 
II 

7 

7 

i6 

55 




o 

2 

4 

5 
o 

o 

22 



Towns. 



[p. 172.] Keasearge Gore, 

Litchfield, 

Lyndeborough, 

Mason, 

Merrimac, 

New Boston, 

New Ipswich, 

New London, 

Nottingham West, 

Peterborough, 

Salisbury, 

Society Land, 

Sutton, 

Temple, 

Warner, 

Weare, 

Wilton, 

Greenfield, 

Sharon, 

Raby, 



For. 



20 
31 
30 



26 

49 
I 

o 



10 

o 
o 



Ags t. 



I 
28 
21 



61 

14 
I 
O 

30 

22 



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, 



19 





21 





15 


10 


20 


4 


35 





12 





22 








-hi 






4 


20 


90 





16 


6 





II 


26 










COUNTY OF GRAFTON. 



Canaan, 

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



17 
17 







14 





17 


I 


II 





28 





39 





12 


3 


19 





32 


2 





7 


41 





II 


19 


54 





17 








19 



14 













• • • . 


• . • • 



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. 












II 


3 


6 

8 



18 

I 






22 
54 


2 
















Towns. 



Lyme, 

New Holderness, 

Northumberland, 

Orford, 

Piermont, 

Plymouth, 

Rumney, 

Shelburne, 

Thornton, 

Warren, 

Wentworth, 

Burton, 

Orange, 

New Chester, 

[Total] 



For. 



21 
6 



II 

2>7 



10 



Ags't 



15 

2 



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 



i( 



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 

14 



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 

15 



226 NEW HAMPSHIRE GRANTS. 

whatever, but they were willing at present to refer the question of their 
jurisdictional boundary to commissioners, mutually chosen ; and when 
they should be admitted into the American Union, they would submit 
any such disputes to congress." 

The state of society within the seceding towns at this time was very 
unhappy. The majorities attempted to control the minorities, and 
these were disposed not to submit, but 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 

16 



242 NEW HAMPSHIRE GRANTS. 

government for help. In the mean time, however, between New York 
and the people of the New Hampshire grants on the west side of Con- 
necticut river, the controversy was earnestly waged. On the 24th of 
July, 1776, a convention was held at Dorset, Vt., which consisted of 
fifty-one members, representing thirty-five towns, which, by adjourn- 
ment, again met, Sept. 25, 1776, and again, at Westminster, January 
15' '^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 : — 

17 



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, 

18 



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 

19 



290 



NEW HAMPSHIRE GRANTS. 



(though in its nature reasonable and just) would, through 
the influence of ex parte representations, occasion Congress 
to come to such resolutions as might prevent the establish- 
ment of a State on said Grants, has been the occasion of 
different sentiments with respect to measures proper in the 
present juncture, and which have arisen to such a pitch as 
to prevent a persuit of the proposed plan in the channel 
pointed out by Assembly, by a Protest and withdraw of near 
one half the members who composed that Body. The pro- 
testing members notwithstanding, desirous that the same 
plan might be pursued, formed a volentary Convention who 
are in persuit of measures, whereby the whole of the towns 
on said grants may unite in such proposals to New Hamp- 
shire as we flatter ourselves will put an end to all disputes 
with that State. 

An apprehension that measures will be attempted to pro- 
cure an acknowledgment at Congress of a new State con- 
taining only that part of the grants which lie west of Con- 
necticut River, (which we conceive will be very disagreeable 
to a majority of the inhabitants on said grants) is the occa- 
sion of our transmitting this by Col. Wheelock, whom we 
have also desired to inform your Excellency or Congress 
more fully of the matter, than the limits of this letter will 
admit, and request that nothing may be done at Congress 
which shall prevent the good effects of the measures now 
taking for an happy settlement with the State of New 
Hampshire. 

I am. Sir, in behalf of said Convention, with great defer- 
ence and respect. 

Your Excellency's most obedient "'^•• 

and most Humble Servant, 
Signed Joseph Marsh,* Chairman. 

His Excellency ) 

Henry Laurens, Esq^ > (Copy.) 

President of Congress. ) 

* Col. Joseph Marsh resided in Hartford, Vt. At this time he was 
lieutenant-governor, and had great influence in the new state. He 
was born in Lebanon, Ct., Jan. 12, 1726 (O. S.), and followed Dr. 
Wheelock into the N. H. grants, 1772. It is interesting to know, in a 
brief biographical notice, that he was a descendant of John Marsh, who 
came to this country from England, 1633, and accompanied Rev. 
Thomas Hooker to Hartford, Ct., 1635. Col. Marsh married Dorothy 



FAILURE OF UNION WITH VERMONT. 29 1 

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. 

20 



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. 

21 



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 

23 



354 NEW HAMPSHIRE GRANTS. 

of the Towns either or in the East or West side of Connect- 
icut river, be considered as included within the said district, 
but such as have heretofore actually joined in denying the 
Jurisdiction of either of the said States, and have assumed 
a seperate Jurisdiction, which they call the State of Ver- 
mont. And further, that in the opinion of Congress, the 
said three States aforementioned ought in the mean time to 
suspend executing their Laws over any of the Inhabitants 
of the said district, except such of them as shall profess al- 
legiance to and confess the jurisdiction of the same respec- 
tively ; and further that Congress will consider any violen- 
[p. 154.] 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. 

S^ 

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