New Hampshire as a royal province

Front matter

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Preface

In the numerous references accompanying the body of the work, the sources from which the material for this monograph has been drawn, are clearly indicated. Moreover, so far as it has been deemed practicable, the references are not only very full but also specific, bearing directly upon the statement made or the point at issue. Both in consequence of the important bearing which the period prior to 1680 has upon that which followed it, and in order also to do away with many long explanatory notes in the succeeding chapters, the introductory chapter is somewhat longer and more complete than might perhaps have been expected. In considering the provincial period, the topical method of treatment has been adopted because, among other things, the subject under review can in that way be treated connectedly and as a unit and greater clearness can thus be obtained. Naturally in a work of this character many matters of interest and some also of importance have necessarily been omitted. Some of these, however, have been treated more or less fully by other writers, while some are of such a nature that they cannot be satisfactorily dealt with, if the discussion is confined to the work of a single province.

Though not intended originally for publication, the matter in the appendix, particularly the dates and references there given, will, it is hoped, prove to be both acceptable and useful.

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8 PREFACE [I90

For the many favors granted and courtesies extended to me by librarians, public officials and others, due acknowledgment is here made. To Professor Herbert L. Osgood, of Columbia University, however, my warmest thanks are due for the kindly interest which he has manifested throughout, and for the care with which he has read both the manuscript and the proof.

Wm. Henry Fry.

New York, Dec, 1908.

CHAPTER I Introduction PAGE

The results obtained by the London and Plymouth companies

under the charter of 1606 17

The charter granted to the Plymouth company in 1620 17

Among the recipients of its grants were Mason, Gorges, Thomson and Hilton 18

Thomson's grant, and his agreement with the merchants 18

Little Harbor settled in pursuance thereof 19

The grants of the tracts, known as Mariana, Maine, New Hampshire and Laconia 19

The Laconia company and the character of its operations 20

The grant of Piscataway, Nov. 3, 1631 21

The provisions of the grants, called Mariana, Maine, New Hampshire and Laconia 22

On account of its weakened condition, the Plymouth company

decides to divide up its territory and surrender its charter 25

In this division, Mason receives the tract covered by the previous

grants of Mariana and New Hampshire 25

The character and provisions of the deeds conveying the property

to Mason 26

The scheme for the establishment of a general government for

New England is laid aside 2.^

The provisions of Mason's will 28

His widow temporarily abandons his estate here 29

Later, the inhabitants enter into a plantation covenant 29

In 1641 they are brought under Massachusetts rule 29

The Episcopal minister silenced by Massachusetts 30

Puritans get possession of the principal offices of trust and power and allot among themselves a good part of the town's common

lands 30

The attempt to withdraw from Massachusetts abortive 30

The settlement given the name Portsmouth 31

The town records destroyed 31

Numerous grants of land made 32

The settlement at Hilton's Point (Dover) 32

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Hilton receives a formal grant of the territory 33

His interests finally sold to Puritans 34

Captain Wiggin becomes governor or manager 34

The settlement rent by factions 35

The adoption of a plantation covenant in 1640 36

The terms of the union with Massachusetts 38

The purpose and meaning of the transfer of jurisdiction and of land,

made by the Hilton patentees to Massachusetts 39

The disposition, made by the General Court, of the land, embraced

within the limits of the Hilton patent 41

The founding of Exeter 44

The Indian title to the land extinguished by purchase 45

The adoption of a plantation covenant 45

The settlement incorporated with Massachusetts 46

The disposition made of the town's lands 47

Hampton settled 49

Exeter protests against the encroachment 49

Exeter declared within the limits of Massachusetts 50

The determination of town boundaries 50

Mrs. Mason's attempt to re-assert her authority over her husband's

possessions unsuccessful 51

Massachusetts northern boundary officially determined 52

The Restoration brings a change 53

Mason's heir petitions for relief 54

Attorney-general's opinion upholding Mason's title 54

The course pursued by Massachusetts 54

The king sends commissioners to New England 57

The commissioners recalled and Massachusetts ordered to send

agents to England 58

She refuses to do so 58

The crisis in England prevents further action 58

Mason appoints Col. Nicolls his attorney 59

Nicolls appoints Nicholas Shapleigh agent 59

Various letters respecting Mason's property 59

Mason offers to sell the king his patent 61

The joint proposal of Mason and Gorges to the king 61

Another opinion, upholding Mason's title 62

Massachusetts, again ordered to send agents, complies 62

The opinion of the chief justices, 1677 62

Mason and Gorges make the king another offer 65

Massachusetts purchases Gorges' title to Maine 65

Mason declines a similar offer to sell 65

New Hampshire created a royal province 65

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CHAPTER II The Executive The government, provided for in the royal commission of 1679

formally organized 66

The terms of President Cutt's commission 66

The administration of the government under the President and

Council 68

A change of government decided upon 70

The essential features of the system thus established, as prescribed

in the commission 71

The character of the commission and instructions 74

The powers cf the governor in reality neither so extensive nor

ample as indicated in the commission 75

His tenure of office 75

To secure the removal of an executive was a difficult matter 76

The steps taken to have Cranfield, Usher, Partridge, Belcher,

Benning Wentworth and John Wentworth removed 77

The names of those who served either as President, Governor or

Lieutenant-Governor of New Hampshire 83

The disadvantages of the personal union with Massachusetts 87

Controversy between governor and lieutenant-governor respecting

the latter's powers during his superior's absence 88

The executive's support derived from several sources 93

Their chief reliance was upon grants made by the assembly 93

No permanent salary fund created 93

The case of each executive, therefore, was treated separately 93

The royal instruction of 1703 101

The council 119

This body acts in different capacities 119

Here considered as Council of State 119

Its duties and size 119

The influence of the governor over it 121

The number necessary for a quorum 122

A quorum often lacking; reasons therefor 122

The members represent no particular locality 123

Their tenure of office 124

The character of the members 125

Relations existing between governor and council 126

Character and amount of business transacted 126

CHAPTER III No central law-enacting body at first 128

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While under Massachusetts control all the settlements except Exeter represented in the General Court 128

Provisions in the various commissions respecting assemblies 129

The governor an important factor 131

The assembly assumes the bicameral form 132

The upper house or council 132

Compensation of members of the assembly 134

The lower house or house of representatives 134

Qualifications of its members 135

Restrictions of the franchise 135

Manner of calling assemblies 136

The administration of the oaths 136

The selection of a speaker 137

Contest over the right of the governor to disapprove the speaker . . 137

The selection of a clerk 142

Prayer a part of the opening exercises 143

Rules for the regulation of the house 144

The number constituting a quorum 146

The lower house becomes the judge of the elections, returns and

qualifications of its members • 148

The number of representatives in the assemblyjand the places represented 152

The unit of representation 152

The lower house never an unwieldly body. Its numerical growth. 153 The right of the governor to send writs to whatever places he

chose questioned 154

Attempts to limit by law the governor's power by designating the places to be represented and by specifying the number of representatives 164

The manner of filling vacancies 168

Power of adjourning, proroguing and dissolving assemblies 169

Special sessions of the assembly 171

The life of the various assemblies varies 172

Efforts resulting in triennial act 175

Committee system evolved 178

Composition of the committees 179

Conferences of the two houses 180

Lower house considers and acts upon petitions 180

The clause in the commission touching upon the support of the

government *. 181

Cranfield's interpretation of same 182

Lower house regards question of raising money as one for it to settle and determine 182

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Is permitted to examine accounts 183

Holds treasurer to a stricter account 184

Refuses to make permanent provision for the support of the government 186

Frequent sessions therefore necessary c 186

The governor's control of the provincial funds becomes more and

more limited 186

The Board of Trade protests against it 188

The policy adopted by the house to enforce its will upon the governor and council 188

Its inroads upon the governor's military powers 193

Its encroachment upon his power of appointment 202

Asserts its right to have a voice in the establishment and regulation of the courts 205

Result of its many encroachments 208

CHAPTER IV The Land System Titles to land in New Hampshire long uncertain and open to question 209

Recognition of Mason's claims in the commission 209, 214

Mason's efforts unsuccessful, the government being hostile 210

Cranfield and Mason; verdicts favorable to latter 214

King's decision respecting charges against Cranfield 219

Allen purchases Mason's title to the province 220

Allen brings suit against Waldron 221

Gov. Dudley's efforts to effect a settlement 223

Mutilation of the records 227

Allen's sudden death prevents probable settlement 229

His son brings new suit against Waldron, but loses 233

Character of the evidence at these various trials 234

Hobby's purchase; the proposals of his heirs 239

Attempts made to have southern boundary determined 241

Massachusetts makes many grants in disputed territory 252

King appoints commissioners to determine the lines 251, 255

Belcher's conduct; action of committee of assembly 256

Both provinces appeal from commissioners' decision 260

King's decision in New Hampshire's favor 263

This decision opens up controversy with New York. 264

New Hampshire makes grants west of the Connecticut 266, 274

The proclamations of Lt.-Gov. Colden and Gov. Wentworth 269

Colden's representations to the Lords of Trade 271

The king decides the controversy in New York's favor 273

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The townships granted and parishes erected before 1741 275

Analysis of the charters issued during that period 280

Charters granted in territory formerly possessed by Massachusetts. 287

The provisions of the charters of incorporation 288

The town charters granted by Gov. B. Wentworth analyzed 290

The provisions of those granted by Gov. John Wentworth 292

The time limit of grants extended; grants regranted, forfeited 294

Method of allotment; difficulties met by settlers 296

Town meetings; business transacted by towns 298

Validity of sale to Samuel Allen questioned 300

John Tufton Mason's quit-claim to Massachusetts 301

The tripartite agreement 302

Mason sells out his interest in New Hampshire 303

Attempts to sell same to the government unsuccessful 304

Validity of John Tufton Mason's title questioned 307

Proceedings of the Masonian proprietors 309

Provisions of the various grants made by them 314

Controversy over western boundary of their claim 317

They effect a compromise with the state 1788 319

They also effect a settlement with Allen's heirs 319

The proprietary disposes of all its lands 320

CHAPTER V Finance The scarcity of money, the reasons therefor and the attempts made

to relieve the situation 321

The right of the assembly to provide for the support of the government conceded in the commissions 323

Temporary character of the revenue acts 324

Attempt to raise money without assembly fails 325

The revenue under President Dudley and Gov. Andros 327

The second union with Massachusetts 329

The restoration of a royal form of government • • 330

Sources of the revenue; fluctuation of the taxes 333

Lieutenant-Governor Usher and the assembly • < 334

Attitude of assembly toward Allen and Bellomont 338

Conditions in province improve after peace of Ryswick 339

Revenue increased; duties levied on lumber 339

Lower house in favor of having the public charges defrayed by tax

on polls and estates 340

Granting governors salaries increase annual charges 340

War increases those charges 341

Conditions leading to issue of paper money 345

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State of the province debts 346

New issues and re-issues of paper money 348

Tax money loaned out at interest 348

The redemption of bills of credit postponed 349

To ameliorate conditions due to scarcity of money, money is loaned

out with land as security 349

It fails to produce the results anticipated 351

Instructions concerning paper money 351, 358

Depreciation of the paper money; causes thereof 353

Steps taken to prevent counterfeiting 356

Redemption of the money loaned out postponed 357

Though governor is restrained by his instructions, house insists on

further emissions 359

The import, excise and tonnage duties 368

Gov. Wentworth's first speech; the assembly's reply 372

The issue of ' ' new tenor ' ' bills 374

^"25,000 issued on loan • 376

Governor's comments; Board of Trade's action Z77

Massachusetts' proposal about paper money 380

War necessitates issue of considerable paper money and forces governor to override his instructions 380

Hutchison's proposal to abolish paper money * 394

Parliament reimburses province; latter invests the money 396

Parliamentary restrictions on paper money 398

Memorial on province's financial condition 399

War again necessitates issue of paper money 404

Sterling money secured by bills of exchange 404

Bills of a new form and tenor issued 41 1

Board of Trade's comments on various acts 412

Currency put on gold and silver basis 415

Acts designating legal rate of interest and setting value on current

coins repealed by home government 417

Another act designating legal rate approved 418

Proclamation setting value on coins null and void 418

Parliamentary acts for raising a revenue 419

Taxes become less burdensome after the war 420

CHAPTER VI Justice The period prior to 1680 421

Treatment of the provincial period 421

Provisions of commissions and instructions concerning justice .... 422 Work of the assembly under the Cutt commission . 430

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Chamberlain's comments; action of English authorities 433

Character of the so-called Cranfield Code 435

Status of the laws in 1692 * 436

Some English laws unsuitable and inapplicable here 437

Collections of province laws; imperial action on laws 439

The constitution of the courts under the Cutt commission 439

The same under Cranfield; complaints against the latter 442

The courts under President Dudley and Gov. Andros 444

The same during the life of Allen's commission 448

The acts of 1699 and 1701 ; King repeals both 450

Later changes and amendments - 454

Petitions and complaints made to assembly 457

Unpopularity of the Court of Appeals 458

Demand for a more central location of the courts becomes more

urgent as settlements extend westward 459

Position of the assembly and the governor regarding it 461

Lower house refuses to obey the royal instruction 463

Lower house remains firm and wins its point 464

Governor's position in the judicial system 465

Character and compensation of the judges 465

The lawyers; the attorney general; the clerk of the court 468

Duties of justices of the peace; selection of jurors 469

Duties of the sheriff, coroner and constable 470

CHAPTER VII The period prior to 1692 473

Military powers of the executive head of the province 474

The laws relating to the militia 475

Increase in and strength of the militia 483

The fort at the mouth of the Piscataqua 485

The sham fight of 1676; the redman's revenge in 1689 $86

The various wars with the French and Indians 488

The method of defense adopted by the settlers 490

The tactics adopted by the enemy 493

The disadvantages under which the settlers labored 497

The lot of the captives 498

Advantage of keeping the Indians at a distance realized 499

Bounties offered for scalps; Volunteers; Ranging parties 501

Difficulties in the way of capturing Canada 501

The expeditions undertaken against Acadia and Canada, and the

part which the province took in them 503

Population of New Hampshire during colonial era 521

Appendix: Royal Commissions, 1679-1741 523

•' Speakers of the House, 1692-1775 524