Controversy with Massachusetts.--Commission meet at Hampton.--Committee from New Hampshire report.--Another attempt to state the lines.--Failure to accomplish the object.--The Scotch Irish take part in the controversy.--Appeal to the King.--Massachusetts commences granting townships in New Hampshire.--Grant of Pennacook.--The Narraganset townships.--The grantees meet in Boston.--Grant of five additional townships to them.--Location of these townships.--Narraganset No. II, III, IV, V, & VI.--Grants of Bow and Canterbury.--Grant of Tyngstown.--Petition of Hildreth and Shepley.--Tyngstown annexed to Middlesex County.--Excise upon the fisheries at Amoskeag.--Major Hildreth builds the first mill.--First Meeting house.--Its location.--New Hampshire sends an agent to England.--His instructions.--A Commission appointed by the King to settle the question of the lines.--It meets.--Legislatures meet at Hampton and Salisbury. Gov. Belcher and suite visit "Skeag."--Finesse about the lines.--Appeals carried before the King.--The lines established.
At this period, the controversy with Massachusetts as to our southern and western lines, had become one of absorbing interest throughout the Province. Massachusetts had pursued a vacillating policy as to her claim; at one time extending her north line nearly to "Mr. Weare's house" in Hampton, at another, as far north as Pennacook, again to the "Endicott tree" three miles north of the forks of the Merrimack at Franklin, a fourth time to a point three miles north of outlet of Winnepesaukee, and then before the Lord Chief Justices of the King's Bench, abandoned all claim to any land three miles north of the Merrimack to the farthest head thereof. This hearing before the Chief Justice, was in 1677, and as the decision dispossessed Massachusetts of all the settled part of the territory, little was said as to the subject of lines for some years. The less so, as the excitement and confusion consequent upon various changes in the government of both Provinces, and an Indian war, left little oportunity, had the desire existed, to attend to that subject.
But in 1696, the matter of the divisional lines, began to be again agitated. The inhabitants living upon the south boundary were much excited upon the subject. Many of them were claimed and taxed by both Provinces, and the result was that most of the people thus situated, refused to do service, or pay taxes any where. To remedy the evil, the government of New Hampshire made a proposition to that of Massachusetts to run the line, and a committee was chosen for that purpose, but Massachusetts refused to accede to the proposition. The committee on the part of New Hampshire, proceeded with competent surveyors to run the line according to the charter, and afterwards took legal measures to enforce the laws of the Province against all delinquents above the line so established. But matters only became worse, as officers were often resisted, and difficulties even arose between the officers themselves of the two Provinces. At length, pending the suit between Allen and Waldron in 1706, a proposition was again made to run the line, and a committee from Massachusetts, met one from New Hampshire for that purpose, but not agreeing as to the construction of the charter, they parted without accomplishing their object.
At length, the troubles with the people near the line of Massachusetts, growing more frequent and serious, in 1708, New Hampshrie again proposed to settle the difficulty as to the lines, and chose the same committee on their part, that had acted in that capacity two years previous. Massachusetts acceded to the proposal, and chose on their part the same men who had acted upon the last committee. The Commission met at Hampton, on the 4th of May 1708, but the gentlemen from Massachusetts claimed "to ye brooke at Widow Heathe's" in Hampton, far beyond three miles north of the Merrimack. This was in direct opposition to their disclaimer before the Chief Justic of the King's Bench in 1677, and a renewal of their original claim. The committee from New Hampshire made three distinct propositions for settling the border difficulties, but neither was accepted, and the commission broke up without accomplishing anything.
The committee from New Hampshire made the following report to the Governor and Council.
To the Governor and Council of the province above sd, we whose names are underwritten being ordered to meet a Committee of the province of the Massachusetts bay, to consider and Judg of the distance from the brink of the River until the families sayd to be in dispute and to propose to which of the provinces we think it Reasonable sd families should pay taxes and doo service during the war as more at large appears by the order bearing Date may 26 1708 &c.
Persuant to sd order we met the Committee of the other province on the fourth day of this instant July 1708 at the house of Mr. Henry Ambros, and after some debate we found the proposals made by the Committee for the other province to be such that we Could not Comply with, nor any way agreeable to playn words of the Royal Charter, after which we the Committee for this province made our proposals, which we here offer to lay before the Government of this province together with the Reasons of the same &c.
1. That the line Run Eleven or twelves years since, (by a warrant from the Government of this province,) shall be the parting line between the provinces until the Massachusetts Goverment Consent to state the bounds according to the Royal Charter, for the Reason following, viz: for that the Government of this province did sundry times Request the Government of the Massachusetts bay to Impower a Committee to Join the Committee of this province to Run the line above sd: which they saw not good to doo, whereupon the government of this province ordered a Committee to meet their Committee at a certain Day and If they would not attend, then to proceed to Run the parting line between the provinces, and we the subscribers were part of the Committee for this province, and are now assured it was done with all the care Immaginable we having good artizans to survey and perform that affair, and made Return thereof to the Governor and Council of the province, the charge whereof was not less than ten pounds and that the Massachusetts would not Cum to se their measure was their fault and not ours, Ergo, that bounds ought to be the bounds until they Consent to Run a new which we ever offer to do on our part at their demand &c., this offer they accept not off.
2dly. About two years since we the Committee of this province met the Committee of the other province who were the same persons, (viz) Col. Noyse, and the other gentlemen at the house of sd Ambros in order to proceed to state the bounds, but could not agree about the meaning of the charter, whereupon we made our application to his Excellency the Governor together with our aligation Requesting that the words of ther Charter might be interpreted &c.
But we the Committee for this province did then and doo still offer to Joyn with them of the other province in measuring out the land three miles in latitude on the north side of the River to Run a paralell line with the brink of the sd River as we understand is the plain meaning of sd Charter, the dooing of which will not take more time than 2 or 3 days, to extend to the westward of the houses said to be in dispute and we will proceed to perform the same with artists and Instruments and men to attend the dooing of the same as soon as they choos, this they Refused to accept off, Ergo, the ould line ought to stand, no blame on our side.
3dly. for sake of peace we offer to Joyn with them to measur from any of ye houses in dispute upon a south point to the River, and if ye house or houses be not more then three miles from sd River then to pay taxes and do service to their province, if more then ye like to this province, the measuring might have been done in 3 or 4 hours the same day, this also they refused to accept.
By all which it is most evident that the Reason of the bounds not being stated, is the Gentlemen sent as a committee from ye other province is not willing to do it and that the forementioned bounds ought to be the bounds until they Consent to Run a new is our opinion; and further yt the town of Hampton do assert their town bounds, being ye bounds of ye province, by assessing and other service imposed on the families sd to be in dispute, unless inhibited therefrom by authority.
It farther appears that both Salsbery and Newbery Counts them not to belong to Salsbery on this side of the forementioned line, for that by a contract with ther ferry the Inhabitants of Salsbery are to pass ferry free but they will not let those families have that privilege by Reason they belong to another town &c.
Thus having done our honest Indeavor to propose as near as we Could such methods for knowing what distance the families in dispute were from the brink of sd River according to ther order and then proposed to which the provinces they should pay, the Gentlemen of the Committee for the Massachusetts would not accept of our proposals, and so the end of our meeting not attained &c. Dated at Hampton in New Hampshire this Eighth day of July 1708.
Nathll. Weare. Joseph Smith. James Philbrick."
If the government of Massachusetts had been anxious to have settled the difficulties connected with the line, it would seem that either of the propositions made by the committee on the part of New Hampshire might have been accepted without prejudice. But the truth is, the government of Massachusetts did not care to have those difficulties settled, preferring to have the line remain an open question. This course of policy was dictated by various considerations. It was the interest of the governor of Massachusetts and his friends to let the lines remain unsettled, because Massachusetts claiming a large portion of the territory of New Hampshire, and that claim unsettled, the chances were greater that New Hampshire, and Massachusetts would remain under the same general governor, at a handomse salary and many perquisites. And it was the interest of the speculators, because they were obtaining grants of the best lands for tillage and lumber in the province of New Hampshire. Here the people were sanguine, that the settlement of the lines would bring an independent government; that prosperity must follow such a state of things, and that at least, New Hampshire lands would be secured to New Hampshire people. Hence their settled policy was, a settlement of the lines and a separate government.
Accompanying the report of the committee in 1708, was a letter from Mr. Smith, one of the committee, which was as follows:
Hampton, 12 of July, 1708
Mr. Story
Sir, Inclosed is ye Report of ye Committee for this province, directed to ye Governor and Council, you'll find we did nothing in ye affair, they demand almost to mr. Weares house, I mean to ye brooke at widdow Heaths and nothing will be done before ye Government direct how ye line shall be run &c.
Sir, I am your servant, Joseph Smith.
The closing sentiment of this letter foreshadowed the future policy of New Hampshire. They had attempted for years to obtain an amicable settlement of the lines with Massachusetts, without avail, and now their only hope was in an appeal to the King. Accordingly, their agent was instructed to press the subject upon the attention of the Lords of trade. But Indian hostilities soon diverted them from this minor subject, and very little attention was paid to it until after the year 1713. However in 1716, the troubles upon the southern line, betwixt New Hampshire and Massachusetts had become so serious, that both Provinces united in another attempt to settle the lines. The committee from New Hampshire were specially instructed to unite in running the line three miles north of the Merrimack as far as the river extended. This was according to the decision of the Lord Chief Justice in 1677, and was surrendering to Massachusetts all they then claimed, and all they could claim by any possible fair construction of the language of their charter. But notwithstanding this fair proposition, the Commissioners from Massachusetts, continued to form objections, and the Commission again broke up without accomplishing anything. The affair had now become so notorious, that the Lords of trade interfered and sent orders to have a map drawn for their use, upon which the boundaries should be delineated, and that the most authentic accounts and vouchers should be returned with the map, in illustration of the matters in controversy. Upon this, in 1719, Commissioners from both Provinces met at Newbury. The Commissioners from Massachusetts putting in objections as usual, the Commission could do nothing, and the Commissioners from New Hampshire went forward and surveyed the line according to the decision of 1677, and made a return of the survey to the Lords of trade. It was at this point of time in the history of this controversy as to the lines, that the Scotch Irish emigrants settled at Londonderry. The excitement ran high, and these emigrants naturally enough sided with the people of New Hampshire. Having thus taken sides, their interest afterwards led them to become strong partisans in the controversy, for full one quarter of their land granted in their charter of 1722, and near thirty square miles of their land purchased of Wheelwright, were cut off by the line claimed by Massachusetts. It is not altogether improbable, that the Government of New Hampshire was induced to make the grant of Londonderry, somewhat by the prudent forethought of having a colony of these sturdy Scotch Irish to assist in carrying on this border controversy. Whether so or not, the Scotch Irish of Londonderry were in the thickest of the fight, and continued the controversy in the Courts of Law for half of a century, long after the line had been decided by the King in Council.
New Hampshire was now in earnest as to the settlement of the lines. Having made every reasonable offer of adjustment without avail, she now appealed to the King, and went on to put the people in possession of the lands in controversy by granting Chester and Londonderry, whose western bounds extended to the Merrimack River, or nearly so. These grants were made to actual settlers. Massachusetts had before this made repeated grants of land east of the Merrimack, buyt being made to speculators, the lands had not been settled. She now entered upon a different policy and commenced a series of grants to actual settlers. She adopted this policy, in order to hold possession of the soil. It had become apparent not only that the lines must be settled, but that the claim of Massachusetts would be greatly restricted. Fearing this result, the legislature of Massachusetts commenced granting the lands in controversy to actual settlers from Massachusetts, in order that, if she should lose the jurisdiction over the lands, her people would have the fee in the soil. Accordingly, in 1725, Pennacook, now Concord, was granted to actual settlers from Andover, Bradford, Haverhill, and other towns in the immediate vicinity of the line so much in dispute, and who needed but very little inducement to take an active part in the controversy. A committee was sent to lay out the township in May, 1726, and while thus engaged, the Governor of New Hampshire sent a committee to remonstrate against their proceedings. About the same time, it was proposed in the Legislature of Massachusetts to grant a range of towns from the Merrimack to the Connecticut, under the pretence of having a line of settlements on the frontier, as a protection against the Indians, but in reality to secure the lands to the people of that Province. Massachusetts at this time became so alarmed at the prospect of an unfavorable decision of the King, that she proposed a commission for the amicable adjustment of the line, which proposition was met by the assembly of New Hampshire with the decided answer, we have appealed to the King and will abide his decision. After this decided refusal Massachusetts immediately set about securing the lands in controversy by grants to her people. Attempts were made to cover their sinister intentions with the veil of patriotism, but they could not be kept out of sight. They proposed these grants as rewards to those who had performed military service in the Indian wars, but their intention was so apparent, that Hutchinson even, the historian of Massachusetts, in speaking of the grants made about 1728 says:
"The government, under the old charter and new, had been very prudent in the distribution of the territory." "But all on a sudden, plans are laid for grants of vast tracts of unimproved land, and the last session of Mr. Dummer's administration, a vote passed the two houses appointing a committee to lay out three lines of towns," &c. "Pretences were encouraged, and even sought after, to entitle persons to become grantees. The posterity of all the officers and soldiers who served in the famous Narraganset expedition, in 1675, were the first pitched upon, those who were in the unfortunate attempt upon Canada, in 1690, were to come next."
And again Douglas, in speaking of this same policy says:
"About the middle of the last century, the General Assembly of Massachusetts was in the humor of distributing the property of much vacant or Province land; perhaps in good policy and forethought,--to secure to the Massachusetts people, by possession, the property of part of some controverted lands." * * *"Our Assembly, at that time, were in such a hurry to apppropriate vacant lands, that several old towns were encouraged to petition for an additional new township; and when they were satiated, the Assembly introduced others, by way of bounty to the descendants of the soldiers in the Indian War of King Philip, so called in (1675,) and these were called Narraganset townships; and others to the soldiers in Sir William Phipps' expedition into Canada, (1690,) which were called Canada townships."1
The subject of granting lands to the soldiers who had served in the Narraganset war of 1675, was first broached in the Legislature of Massachusetts in June 1728, at which time, a committee was appointed to lay out two townships for tem. The same year the Legislature granted a township seven miles in width, and extending upon both sides of the Merrimack from "Hooksett Falls" to "Pennacook Falls," to the soldiers, and the heirs of such soldiers as fought in the battle of Pequauquauke.
Upon the meeting of the grantees of the Narraganset townships in Boston in Jun 1729, it was found that their numbers were greater than had been supposed, amounting to eight hundred and forty. They therefore petitioned the Legislature for a further grand of land. "So that every sixty claimers might have a township six miles square." Upon this petition, the House in June 1732 granted them five townships, so that every one hundred and twenty claimers, should have a township six miles square. But the Governor did not approve the grant and of course it was not passed. But in April of the following year the claimants were more successful. They presented their petition and the following action was had by the Legislature.
"At a great and General Court or Assembly, for his Majestie's Province of the Massachusetts Bay, begun and held at Boston, upon Wednesday, the Thirty-first of May, 1732, and continued by adjournment, to Wednesday, Fourth day of April 1733, and then met.
April 26, 1733.
"A Petition of a committee for the Narragansett Soldiers, showing that the e are the number of Eight Hundred and Forty Persons, entered as officers and soldiers in the late Narraganset War. Praying that there may be such an addition of Land granted them, as may allow a Tract of six miles Square, to each one hundred and twenty men as admitted.
"In the House of Representatives, Read, and Ordered that the Prayer of the Petition be granted, and that Major Chandler, Mr. Edward Shove, Col. Thomas Tilestone, Mr. John Hobson, and Mr. Samuel Chandler, (or any three of them,) be a committee fully authorized and empowered to survey and lay out five more Tracts of Land or Townships, of the Contents of Six miles Square, each, in some of the unappropriated lands of this Province; and that the said land, together with the two towns before granted, be granted and disposed of to the officers and soldiers or their lawful Representatives, as they are or have been allowed by this Court, being eight hundred and forty in number, in the whole, and in full satisfaction of the Grant formerly made them by the General Court, as a reward for their public services. And the Grantees shall be obliged to assemble within as short time as they can conveniently, not exceeding the space of two months, and proceed to the choice of Committees, respectively, to regulate each Propriety or Township, which is to be held and enjoyed by one hundred and twenty of the Grantees, each in equal Proportion, who shall pass such orders and rules as will effectually oblige them to settle Sixty families, at least within each Township, with a learned, orthodox ministry, within the space of seven years of the date of this Grant. Provided always, that if the said grantees shall not effectually settle the said number of families in each Township, and lay out a lot for the first settled minister, one for the ministry, and one for the school, in each of the said townships, they shall have no advantage of but forfeit their respective grants, anything to the contrary contained notwithstanding. The Charge of the Survey to be paid by the Province.
In Council read and concur'd.
Consented to,J. BELCHER." "A True Copy of Record:
Examined PerSIMON FROST, Dep. Sec'y.
"It is hereby Certified, that by an order of the Great and General Court, pass'd the eighteenth of April, 1734, Seven years from the first of June, 1734, was allow'd the Narragansett Claimants.
Attest: SIMON FROST. Dep. Secr'y.
These seven townships were laid out immediately, and were designated as Narraganset townships No. I, II, III, &c. Narraganset townships Nos. III, IV, V, and VI, were located in this immediate neighborhood. Narraganset No. III, was also called Souhegan West, and was situated on the North side of Souhegan river. It was incorporated by the name of Amherst, in 1760. Narraganset No. IV, was located on the west side of the Merrimack at "Amoskeag Falls".2 It was laid out to 120 grantees living in 41 towns in Massachusetts; viz:
Northampton, Hadley, Suffield, Enfield, Deerfield, Worcester, Woodstock, Oxford, Brookfield, Killingly, Lebanon, Mansfield, Norwich, Pomfret, Windham, Bristol, Taunton, Swanzey, Rehoboth, Little Compton, Dighton, Attleborough, Norton, Freetown, Barrington, Bridgewater, Middleborough, Plympton, Kingston, Rochester, Pembroke, Marshfield, Ashford, Colchester, Haddam, Hebron, Wrentham, Bellingham, Horseneck, North Kingston, and Walpole.
It was described in the order, "One Plat laid out to the Narraganset Grantees called by them Number Four, laid out on Merrimack River, of the contents of six Miles square, exclusive of fifty acres allowance for the use of the Fishery at Amoskeag Falls and three thousand and seventy acres for poor lands and Ponds, in the whole 26,160 acres, beginning at the pitch pine tree standing on the westerly side of Merrimack River at the foot of Annahooksett Falls on Suncook Line." This township extended down the river to Narraganset No. V, and took in the Amoskeag Falls as the records say, "Reserving such quantity of land as the Court think proper, for fishery at Amoskeag Falls." And at the same time it was "Ordered that John Blaisdell, Mr. Samuel Chandler and Mr. Hutchins be a Committee to repair to Amoskeag Falls, take a view of the lands and report what land may be separated for the public and common benefit of His Majesty's Subjects, in smoking and packing Fish there."3
The committee reserved fifty acres for the fisheries at Amoskeag, and the township was surveyed and return made of the survey as follows, to wit:
"This plan discribeth a tract of Land Laid out for the Narragansett Soldiers Being the Second Town Ship for Said Soldiers Laid out on Maramack, and Contains the Contents of Six miles Square and fifty acres Allowance for Fishery at Amasceag Falls, and Three Thousand and Seventy acres allowed for Poor Lands and Ponds. In the whole place is 26,160 acres bounded as follows, Beginning at a pitch pine tree Standing on the westerly side of Maramack River at the foot of Hannah Hooksett Falls, Being in Suncook Line and Running on said Suncook Township four miles West, Seventeen Degrees South to a white pine tree, being the South west Corner of Suncook, then Running West four miles and 40 Rods on a Township on the West of Suncook and penycook Laid out for the Naraganset Soldiers, (to a heap of stones) then Running North Five miles and one hundred and forty Rods on Province Land to a white pine Tree being the North west Corner of ye 1st Naraganset Town on Maramack River, then Running on Said Town Ship Six miles and one hundred and ten Rods (East) to Maramack River, then on Maramack as sd River Runs Eight Miles and 145 Rods to the pitch pine Tree at the foot of Hannah Hooksett falls before mentioned.
Surveyed and Plan'd by order of the Great and General Court's Committee.
In October, A. D. 1733.
Per Stephen Hosmer Jr.
Surveyor4
The grantees became dissatisfied with their grant, and in 1737 secured other grants instead of it within the limits of Massachusetts. Narraganset No. IV covered very nearly the same ground formerly embraced within the limits of Goffstown, which was incorporated in 1761. The southeastern section of what was Narraganset No. IV, and subsequently Goffstown, including the village of "Amoskeag," is now a part of Manchester. This part of Narraganset No. IV, belonging to Manchester, was the fourth grant of land within he present limits of Manchester.
Narraganset No. V, also called Souhegan East, comprised the part of Manchester west of the Merrimack taken from Bedford, the whole of Bedford, and the north part of Merrimack.
The grantees to whom it was assigned, belonged to Boston, Roxbury, Dorchester, Milton, Braintree, Weymouth, Hingham, Dedham, Stoughton, Brookline, Needham, Hull, Medfield, Scituate, Newport, New London and Providence. The committee for the township, were Colonel Thomas Tilestone, Jonathan Williams, and Joseph Ruggles. Merrimack, comprehending part of this township, was incorporated in 1750.
Meantime, the Government of New Hampshire had not been idle. In 1727 the Governor, with advice of Council, granted several townships, among them Canterbury and Bow, that interfered directly with the claim of Massachusetts, or townships she had granted. Thus the west line of Canterbury extended to the Merrimack River, overlapping some thirty square miles of land claimed by Massachusetts. While in the grant of Bow they went a step farther, and granted a township containing eighty one square miles, by such metes and bounds as not only covered a large part of Suncook, lying on the east and west sides of the Merrimack and just granted by Massachusetts, but covered a large part of Pennacook, granted by that government in 1725, and already settled! This was looking the controversy full in the face, if not taking it by the horns! But Massachusetts soon followed the example, and in 1735 granted the township of Tyngstown, to Ephraim Hildreth, John Shepley and others, three miles in width upon the east side of the Merrimack and extending from the north line of Litchfield to the south line of Suncook. This grant overlapped large portions of Chester and Londonderry, already granted by New Hampshire in 1720 and 1722. It is probable that Hildreth, Shepley and others petitioned for lands at Amoskeag as early as 1727, when "prentences" were first sought after by Massachusetts for granting lands in New Hampshire. Be this as it may, in December 1734, Ephraim Hildreth and John Shepley presented the following petition to the Legislature of Massachusetts.
To his Eexcellency Jonathan Belcher Esq. Cap. General & Governor in Chief in & over His Majesty's Province of the Massachusetts Bay in New England, the Hon'ble Council & House of Representatives in General Court assembled, December 13th, 1734.
The Petition of Ephraim Hildreth & John Shepley, in Behalf of themselves & other Soldiers under the late Capt. William Tyng, most Humbly Sheweth,
That the said Capt. Tyng in the Year 1703 raised a company of Volunteers in the winter Season to go in Quest of the Indian Enemy. That they had performed a Difficult March on Snow Shoes as far as Winipissiokee Lake, & killed six of the Enemy, & were about thirty days on said expedition. That Said Tyng & Company were the first Company, that ever undertook a March in the Winter Season on Snow Shoes, which has since been very Serviceable to the Province. That your Petitioners Some Years since Petitioned this Hon'ble Court for a Tract of Land for a Township to be Settled in Such Way & manner as might Consist with the Wisdom of the Court which Petition has Sundry times been favored by the Hon'ble House of Representatives & by them Referred to this Court but is mislaid & can't be found.
Your Petitioners therefore most humbly pray Your Excellency & Honours to take the Premises into Your wise Consideration and that they may have a Grant made them of Lands lying on the East Side Merrimack River, between Suncook & Litchfield to extend three Miles West of the River which will contain about twenty three thousand Acres, exclusive of Mr. Rand's farm and three Farms pitched upon by the Hon'ble Col. Turner, & Col Dudley, and that the grant may be made to such Persons as were in said March and the Descendants of those are Since dead, and your Petitioners will Settle the same with sixty English Families in such Time, and under such Conditions, as may be thought proper by your excellency & Honours * * * * * People claiming a right under New Hampshire will be hindered from encroaching thereon. We would also inform Your Excellency & Honors that the place for Fishing at Amoskeag is included with the lands petitioned for, which we humbly propose Should be Reserved for the use of the Province and in Duty bound shall ever pray &c.
EPHRAIM HILDRETH.
JOHN SHEPLEY.
From this petition it will be seen, that the petitioners were prejudiced against the "Scotch Irish" and in favor of the claim of Massachusetts, as they artfully bring into their petition their willingness to stipulate to settle the tract asked for, with "sixty English families" and that "people claiming a right under New Hampshire would be hindered from encroaching thereon." We know not how much influence their suggestions had upon the Legislature, but those or some other considerations secured the immediate attention of the House to their petition, so that the petitioners whose prayers had hitherto been postponed from session to session, had the satisfaction of obtaining their grant from the House, on the same day their petition was presented, an unusual despatch of public business, that shows that some important considerations dictated the action of that body.
The proceedings of the Legislature were thus, as endorsed on the back of the petition.
In the House of Representatives, December 13th, 1734.
Read and ordered that the Petitioners have leave by a Survey'r and Chainmen on Oath to Survey and lay out between the Township of Litchfield and Suncook or Lovewell's Towne, on the east side of Merrimack River [A] the Quantity of six miles square, exclusive of Robert Rand's grant, and the three Farms pitched upon by the Honr'ble Samuel Thaxter, John Turn, and William Dudley, Esq., to satisfy their grants and also exclusive of Two hundred acres of Land at the most convenient place at Amoskeag Falls, which is hereby reserved for publick use and benefit of the Inhabitants of this Province, for taking and curing Fish there, and that they return a plot thereof to this Court, within twelve months, for confirmation to the Petitioners and their associates, their heirs and assigns Respectively. Provided the Grantees do Settle the above Said Tract with Sixty Families, within four Years form the confirmation of the Plat, each Family to have an House of Eighteen feet square and Seven feet Stud at least and four acres brought to & plowed or stocked with English Grass, & fitted for mowing, and also to lay out three lots with the others, one for the first Minister, one for the Ministry, and one for the School, and within Said Term Settle a Learned orthodox Minister and build a convenient House for the public Worship of God, and whereas Divers of the Person for whose benefit this Grant is made are Deceased, it is further ordered the Grant shall be and belong to Some one of his Male Descendants wherein Preference shall be given to the oldest Son[B] and further it is ordered that those Persons, Shares in this Grant Shall revert to the Province who shall not Perform the Condition of the Grant as above.
Sent up for concurrence,
J QUINCY, Speaker. In Council, Dec. 14th 1734.
Read & Non concurred.J. WILLARD, Sec'y.
In Council April 17th 1735, Read & Reconsidered, and Concurred, with the amendments [A] To extend three miles Eastward of the Said River conformable to the Settlement of the Divisional Line betwixt this Province & the Province of New Hampshire, made by order or King Charles the Second in Council in the twenty ninth Year of his Reign, Anno Dom. 1677.
[B] To be admitted by a Committee of this Court who Shall take Care that Bonds be given for their Respective Performance of the Condition of this Grant to the Treasurer of the Province, to the value of Twenty Pounds at least by each Grantee, as well by such as personally appear, as by those who are the Descendants as above said, who may appear by their Guardian or next Friend, & ordered that William Dudley Esq., with Such others as shall be joyned by the Hon'ble House of Representatives be the Committee for the Purpose within mentioned.
Sent Down for concurrence
J. WILLARD, Sec'y.
In the House of Representatives April 17th, 1735.
Read & Concurred, & Col Prescott, & Capt.
Thornton are joyned in the affair.
J. QUINCY, Spk'r. 18th, Consented to J. BELCHER.
A true Copy, Exam'd by THAD MASON, Dep. Sec'y.
Copy Examined by GEO JAFFREY, Cl.
The reader cannot fail to notice, that whatever course their committees took as to the lines, the Legislature of Massachusetts was very careful, that their record should stand right in the eyes of the public and the King. Thus, although their committees had frequently prevented the adjustment of the lines, and in 1716 had rejected the offer of New Hampshire to run the line according to the decision of the Lord Chief Justice, in 1677, again in 1719 had refused all propositions and as late as September 1731, had prevented "an accomodation" of the line, yet the Governor and Council were particular in making an amendment to the grant of Tyngstown as passed by the house, recognising this very decision of the Chief Justice of the King's Bench in 1677, which by committee they had repudiated! The action of a committee could be excused and if need be repudiated, but the public records must stand, and place responsibilities where they belonged.
The township was surveyed by Capt. Joseph Blanchard, of Dunstable, and due return made of the same. Upon this return the following proceedings were had.
Friday, 26th March, 1736. "A Plat containing twenty four thousand nine hundred & Sixty Acres of Land laid out by Capt. Joseph Blanchard surveyor, & two Chairmen on oath to satisfy a grant of this Court passed in April last to Capt. William Tyng & Company, the first snow-shoe-men against the enemy, there being two thousand one hundred and fifty Acres in the Plat, formerly granted & reserved for taking Fish, & one thousand Acres of Ponds, so that there wants One thousand Six hundred and Eighty Acres to make up the contents of six miles Square lying on the East side of Merrimack River Northerly on Suncook, West on Merrimack, South on Litchfield, & East on a parallel Line with the River three Miles distant therefrom was presented for Allowance. Read & ordered that the Plat be accepted and the Lands therein delineated & Described be & are hereby confirmed to the Grantees, mentioned in the Petition of Hildreth & Shepley, in Behalf of the Officers & Soldiers in the Comp'y under the Command of the late Capt. Tyng dece'd, their Heirs & assigns Respectively forever, Exclusive of the former Grants within mentioned, and the Land reserved for the common Benefit of taking Fish at Amoskeag Falls, & provided it does not exceed the Quantity of twenty-two Thousand three hundred & Sixty acres of Land besides, & Interferes with no other grant, and the Grantees are allowed to make a new Pitch of Sixteen hundred & Eighty acres in the Province Lands elsewhere, and return a plat thereof to satisfy the Remainder of the Grant.
Sent up for Concurence."
The Council concurred, and the grant was completed.
The 18th of June following, the House annexed the town to the County of Middlesex by the following order.
"In the House of Representatives, Ordered that the new township lately granted to the officers and soldiers of the company under the command of Major Wm. Tyng deceased, lying on the east side of Merrimack River commonly called Old Harrystown, be and hereby is declared and determined to belong and henceforward to be accounted a part of the County of Middlesex."5 In this order the council concurred, and it became a law.
The township thus grated was called Tyngstown, in honor of Major Wm. Tyng of Dunstable, who led the expedition in 1703, "on snow shoes as far as Winnepissiokee Lake, and killed six of the enemy."
In granting this township and Narraganset No. IV, the Legislature had reserved certain lands at Amoskeag for the benefit of the fisheries. These lands soon became a kind of neutral ground over which the people of Tyngstown had no control, and to which the people of Londonderry and those of "Harrytown" professed to have an equal if not a better claim.
Altercations and collisions were continually taking place among the fisherman at these falls. To obviate this difficulty, to exercise jurisdiction over this reservation and at the same time to raise a revenue, the Legislature of Massachusetts passed the following order.
"In the House of Representatives Jan. 17 1738,
Ordered that Robert Hale Esquire, and Capt. Samuel Chamberlain, with such as shall be joined by the Honorable board be a Committee to repair to Amniskeag Falls at the beginning of the next fishing season and be fully impowered to regulate the fishery there and to make such rules and orders as they shall find necessary for that purpose, and for the general benefit, and that they shall be impowered to lay a small duty on the first fish taken there, viz., not exceeding three pense a score for Shadd and one penny a piece for Salmon, and that they be impowred also by themselves or such agent as they may appoint in behalf of the Province, by due course of law to evict and eject all such persons as have entered upon and held any part of the land laid out for the benefit of the fishery at or near said falls, and that the said Committee render an account at the sessions of this Court in May next, of what money they shall receive of the fishermen, and receive such reward out of the same for their time and expense, as this Court shall order.
Sent up for concurence.
J. QUINCY, Speaker."6
This order became a law, and of course this Committee came to Amoskeag to make "such rules and orders" as they found necessary. It would be interesting to know the result of their journey and this attempt at delegated legislation, but we have no means of obtaining such result, as no scrap of information has been handed down as to it, either by tradition or otherwise. That the attempt was a complete failure however, can readily be supposed, when the fact is considered that the hardy fishermen of Amoskeag, contrived for three quarters of a century after, to evade most of the laws regulating the fishery at this place, when passed by the legislature of their own state. Their motto was "fishing and fowling is free to every one," and they could ill brook any limit of such freedom. The laws as to game and fish in "the old country," were ever considered by all emigrants as among the most annoying and oppressive, and in this new land of promise, they always deprecated and opposed the introduction of any such laws. And when introduced, a petty warfare was at once commenced and continued by the fishermen, against all fishwards and their friends and abettors.
It is highly probable that Major Hildreth and others of the grantees were already located upon the granted premises. Major Hildreth seems to have been active in getting the grant and was equally active in carrying on the settlement. One of his first improvements was to build a saw-mill. This was built upon the Cohas Brook, a little east of the mill now owned by Mr. Jonas Harvy, and was the first mill erected within the present limits of Manchester.
Other energetic and immediate measures were taken to settle the township according to the provisions of the grant. With those people from Massachusetts already settled upon the territory, it was not difficult to comply with that condition of the grant, that there should be sixty families settled in the township within four years, particularly so, when the Legislature had neglected to confine them to English families, thereby leaving an opportunity for the grantees, if there was difficulty in making up the sixty families from English settlers, to take in a few of the Scotch Irish families already settled in the township! Neither under such circumstances, could there have been much difficulty, in having the required number of houses, "eighteen feet square, and seven feet stud" in as much as timber was had for the cutting, and the building of a log house of those dimensions was but the work of a few days. But that each settler within four years should have "four acres brought to and plowed, or stocked with English grass and fitted for mowing," and that they should "within said Term settle a learned, orthodox minister, and build a convenient house for the public worship of God," were requirements not so easily fulfilled.
Yet, they were carried into effect, if not to the very letter, so near to the spirit of the grant, that no advantage could have been taken of any seeming deviation, had the township remained under the jurisdiction of Massachusetts, and not have become a nullity. It is certain that the proprietors build a meeting house, and its locality is equally certain, but there is no reason to believe that they settled "a learned, or orthodox minister."
The meeting house was located upon the rising ground a few rods east of the road to Mr. J. Harvey's and near the south west corner of Chester as then bounded, and upon land now owned by Capt. Amos Weston. This was a frame house, and after having been used for some years was destroyed by fire from the burning woods. The graveyard was near it and many of the graves are now to be seen, although the ground is covered with a heavy growth of wood, and some of them have towering oaks immediately upon them, a foot and more in diameter! A road from Chester to Amoskeag, then passed in front of where Capt. Amos Weston formerly lived, upon the high ground a little south of the road leading from Rodnia Nutt's to the McQueston farm and very nearly in the same direction. The road from the mouth of the Cohas, crossed the same near the Harvey mill, passed up the hill, near the corner of Chester road a few rods east of Rodnia Nutt's house. The location of the meeting house was some sixty rods south east of the forks of these roads, towards Cohas Brook. The English were settled south and south west of it; upon Cohas Brook, or to the north west upon the Merrimack, while north, and north east of it, the Scotch Irish were settled. And the location of the meeting house, so far east from the river, and from the English Inhabitants, can be accounted for only upon the supposition, that they thought in due time to secure the attendance of the "Scotch Irish" upon the ministrations of a "learned orthodox minister." If this were their object, it was a complete failure, as the Scotch Presbyterians had little sympathy with other sects--and still less for the religious teachings of a people, who had threatened to drive them from the township.
And the Scotch presbyterians of Tyngstown, were strengthened in their position by their brethren of the same faith and "kith and kin" upon the west side of the Merrimack, in Narraganset Nov. V, or Souhegan East. The grantees of this township, had taken immediate measures to comply with the requirements of the grant, and had the foresight to adopt a liberal policy in the admission of settlers. They admitted Scotch Irish emigrants, and were thus able to prosecute the objects of the settlement with energy, and without those elements of discord so deliberately sown in the grant and settlement of Tyngstown. Of course, the best feeling existed betwixt those of the same religious faith in the two townships, and this feeling contributed not a little to sustain the Scotch Irish of Tyngstown in their difficulties with their English neighbors.
The grant of Narraganset No. V, or Souhegan East, was the fifth, and that of Tyngstown, the sixth grant of land in part or wholly included with in the present limits of Manchester.
Narraganset No. VI, as may be seen from the return of the survey of No. IV,7 was located on the west lines of Suncook and Pennacook, being four miles and forty rods wide on its southern line, and embraced most of the lands now included in the bounds of Dunbarton and Hopkinton. The grantees howevr not being pleased with the location, made another selection within the present limits of Massachusetts.
During these rival and conflicting rants, it may well be supposed that the excitement among the parties must have been intense. Governor Belcher by his instructions was obliged to recommend the settlement. And having recommended to the Legislature such settlement, committees were again chosen form both provinces for that purpose in 1731. The attempt again failed by reason of objections on the part of the committee from Massachusetts. The Legislature of New Hampshire now took up the subject with fresh determination, and appointed John Rindge, Esq., a merchant of Portsmouth, their agent to petition the King upon the subject. He attended to his duty faithfully, and made a favorable impression as to the demands of the Province. The tenor and spirit of Mr. Rindge's petition may be gathered from the following extract:
"That your said province of New Hampshire being inclosed (as it were) between the several parts of the province of Massachusetts, is daily encroached and usurped upon by its populous, and powerful neighbors of the Massachusetts, both in matters of property and government, and without your Majesty's Gracious Interposition, will soon be absorbed and lost, as well in dishersion of your Majestie's Crown as to the utter ruin of your faithful subjects and tenants in New Hampshire, who hold immediately of and under your Majesty."
In 1734, the Attorney and Solicitor General, gave their opinion that the initial point of the survey should be "three miles north of the Merrimack, where it runs into the sea," and upon this the Lords of trade reported that Commissioners should be appointed by the King, to establish the dividing line.
After much finesse and delay, eight of the Commissioners met at Hampton, and organized on the 1st day of August 1737.
These eight were William Skene, (President,) Erasmus Jas. Phillips, and Otho Hamilton from Nova Scotia, and Samuel Vernon, John Gardner, John Potter, Ezekiel Warner and George Cornel from Rhode Island. The Commissioners from New York and New Jersey were not present.
New Hampshire put in her claim, but Massachusetts was not ready, and the Commission adjourned to the 8th day of August. Meantime the Legislature of New Hampshire met in Hampton Falls on the 4th day of August, and that of Massachusetts met at Boston the same day, and adjourned to meet at Salisbury on the 10th of August. On the 8th day of August, the Commission met according to agreement, having been joined by Philip Livingston, of new York. The Legislature of Massachusetts met at Salisbury on the 10th, and thus the Legislatures of New Hampshire and Massachusetts, were in session at one and the same time in two adjoining towns, separated only by the line in controversey. Governor Belcher rode in state from Boston to Hampton. He was accompanied by a cavalcade and a troop of horse to Newbury, where he was met by a second company of horse, and conducted to the Province line. There three companies of horsemen from New Hampshire received him and escorted him to the George tavern in Hampton Falls. The pomp and ceremony attending this journey of the Governor, were the cause of much remark among his enemies, and one of them wrote the following lines upon the occasion.
'Dear Paddy, you ne'er did behold such a sight,
As yesterday morning was seen before night.
You in all your born days saw, nor I didn'nt neither,
So many fine horses and men ride together.
At the head, the lower house rode two in a row,
Then all the higher house trotted after the low;
Then the Governor's coach gallop'd on like the wind,
And the last that came foremost were troopers behind;
But I fear it means no good, to your neck or mine;
For they say 'tis to fix a right place for the line.'4
While at Hampton Falls, Gov. Belcher and a party visited "the mighty Falls at Skeag."
The following account of the journey appeared in the Boston News Letter of that time.
"Hampton Falls in New Hampshire, Aug. 18th.
On Monday last at 8 o'clock in the morning, His Excellency our governor, attended by several of His Majesty's Council, and sundry other gentlemen, set out for Londonderry, and on monday night lodged at the house of Robert Boyes Esq., in that town; on Tuesday His Excellency went to Amoskeag, and returned in the evening to Mr. Boyes, and yesterday came back to this place in good health, having dined in his way hither with Mr. Sanborn of Kingston (the Representative from that town.) His Excellency was much pleased with the fine soil of Chester, the extraordinary improvements at Derry, and the mighty falls at Skeag."
Yet after all this parade and show the lines were left undecided. The Commissioners decided some trifling matters conditionally, and then reported that they had a doubt upon a point of law, and submitted the same to the King for decision. They then adjourned to the 14th of October following to receive appeals. Governor Belcher adjourned the Legislature of New Hampshire forthwith to the 12th of October, without giving them time to frame an appeal, while the Massachusetts legislature was kept in session five days longer to complete their appeal, and then adjourned to the same time and place. On the 12th of October the House of Representatives of New Hampshire met at the place of adjournment. Some of its members had prepared their appeal, and a message was forthwith sent to the Council, but that body being in the interest of the Governor and of Massachusetts and opposed to an appeal, had met and adjourned, for the purpose of preventing an appeal. The appeal on the part of Massachusetts was presented in due form, while that from New Hampshire, came from the House alone. And then the committee of Massachusetts had the opportunity to object to the appeal from New Hampshire, because it was informal, not having the concurrence of the Governor and Council! But the Commissioners would not countenance such barefaced, unfair dealing, and received the appeal. Thus both appeals were carried before the King. And after much management by the politicians, the subject was heard before the Lords of trade, in march 1740, and on the 5th day of that month, this long controversy was settled, it being determined, "that the northern boundary of the province of Massachusetts be a similar curve, pursuing the course of the Merrimack river, at three miles distance, on the north side thereof, beginning at the Atlantic ocean and ending at a point due north of Pawtucket falls, and a straight line drawn from thence due west till it meets with his Majesty's other governments."
This decision cut off from Massachusetts as claimed and granted by her, twenty-eight townships.
Among these towns was Tyngstown. This decision left the proprietors of this town in a very unpleasant situation. They had evidently carried things with a high hand, with a strong Province to sustain them and had treated their Scotch Irish neighbors rather distantly, not to say rudely; and now to be deprived of their granted powers, and to be really intruders upon the territory themselves, was anything but pleasant.
Chapter 11