CHAPTER XXI.
Derryfield under various forms of government--Choose an executive committee.--Committee of Safety.--Committee of Congress.--Convention of Dec., 1775.--Meeting for choice of Delegates in Derryfield and Goffstown.--Form of Government.--Officers appointed.-- Committee of Safety.--Plan for a State government.--Vote in Derryfield.--Convention propose a plan in 1779.--Its provisions.--Vote upon it in Derryfield.--Rejected.--Convention of 1771.--Their plan.--Vote in Derryfield.--Plan rejected.--The Legislature propose to continue the government to June 1784.--Vote upon this proposition in Derryfield.--Convention adjourns.--Address of the Prseident. [sic]--Committee of Safety issue a Proclamation.--Plan objectionable to the people.--Convention meets.--Send out plan again with an Address.-- Vote Derryfield upon plan.--Vote on 8th article of Confederation.--Constitution accepted.--Provisions.--Meeting in Derryfield.--First President.--Insurrection of 1786.--Leaders in it.--Go to Exeter.--Surround the court house, then the meeting house.--Militia called upon.-- Insurgents retire to North River.--The ringleaders arrested.--Manner of their arrest.--General Booez.--Trials of offenders.--Convention to act upon the plan of government for the United States.--Finesse of Judge Walker.--Convention of 1791 for altering the state constitution.--Send out their plan and adjourn.--Vote in Derryfield upon it.--Is adopted--Its provisions.
It will have been seen that the people of this town have been under various kinds of government. While a portion of its territory, from 1719 to 1740, was under the government of New Hampshire, a portion of it was subject to "squatter sovereignty" and nearly all of it was claimed and occupied by Massachusetts, from 1734 to 1740. In this last year, the claim of Massachusetts was disallowed by the King in Council, and this town soon settled down quietly under the government of New Hampshire, a part belonging to Chester, a part to Londonderry, and part being still unincorporated. This state of things continued until 1751 when as we have seen, the town was incorporated by the name of Derryfield. New Hampshire continued under a Provincial government and Derryfield a part of it, until 1775, when upon the departure of Governor Wentworth from the Province, the royal authority was at an end, and the people assumed to govern themselves. The people of Hillsborough County in the month of May, of that year, by delegates, met in Congress at Amherst and formed a temporary system of government, by which the people were mainly governed through the summer and fall of 1775. The people of Derryfield were thus governed, and they refused to send any delegate to the Provincial Convention at Exeter. They continued their town organization as usual, and when an extraordinary occasion demanded, the 15th of May, 1775, they chose a kind of executive committee, to act for them in all matters pertaining to their "libertys." This committee consisted of Capt. Alexander McMurphy, Lieut. James McColley, Ensign Samuel Moore, Ebenezer Stevens and John Perham. On the 27th day of June following, they chose a Committee of Safety "agreeable to the order of Provincial Congress" consisting of John Harvey, Lieut. James McColley, Samuel Boyd, Ensign Samuel Moore, and John Hall. Those Committees for the time being, had the management of all matters pertaining to "the libertys" of the people, while the Committees appointed by the Congress at Amherst, seem to have exercised all judicial authority within this and the other towns of the County. This state of things continued until the organization of the State Government in January 1776 by the Convention of the State in session at Exeter. Committees of Safety continued to be chosen in this town till 1779, after which time there is no record of any choice of such committee. It was by no means a desirable state of affairs, but still we are not aware but the people in this and other towns in the state, passed along as peaceably as under the former or succeeding governments. However, the necessity of an effective government became obvious to the entire people of the state, and means were taken to meet this necessity. The Convention in existence, and which had been in session much of the time during the summer of 1775, ordered a new convention to be called. Accordingly, circulars were sent to the various towns to choose delegates to meet in a Convention, to be held in Exeter on the 1st day of December 1775. For this purpose Derryfield and Goffstown were classed together. The order was sent to the selectmen of the towns. It does not appear from our records that an order was sent to this town, that any warrant was issued by the selectmen of the town in obedience to any such order, or that any proceedings were had in the matter. But nevertheless such an order was sent, and the people of Derryfield were notified, Joseph George, one of the selectmen of Derryfield for 1775, uniting with the selectmen of Goffstown, in issuing a warrant for that purpose. All of which appears from the records of Goffstown. Their warrant was as follows:These are to warn all the legal inhabitants paying taxes in the town of Goffstown and Derryfield to meet at the Meeting house in Goffstown, on Monday the eighteenth of December next, at one o'clock in the afternoon.
"Colony of }
New Hampshire.}
1ly, to choose a Moderator to Regulate said meeting.
21y, to see if they will choose one Person to Represent them in Gennerall Congress to be held at Exeter December ye 21st 1775, and to impower said Representative for the term of one year from their first meeting, to transact such Business, Pursue such Measures as they may Judge Nessesary [sic] for the publick good, it being the order of the Provential Congress, Novem'r, 14, 1775.
Given under our hands and seals at Goffestown this 27th of Novem'r, 1775.
Moses Kelley, }
Thos. Shirla, }
Joshua Martin, }
Joseph George,}Selectmen."
The meeting was duly held on the 18th of December, and the record of its proceedings is thus;
It would be interesting to read the instructions of the committee, but they have not been preserved.At a Legal meeting of the Inhabitants of Goffestown and Derryfield at the Meeting-house in Goffestown on Monday the 18th day of December 1775.
Colony of }
New Hampshire.}
Voted, Major Moses Kelley Moderator.
Voted, to chuse a person to attend the Congress at Exeter for the Insuing year.
Voted, that the choice be by polling.
Voted, that Major Moses Kelley be chosen to attend the Provential Congress at Exeter for the Insuing year.
Voted, that their be a Committee chose to Give Instructions.
Voted, Coln. John Goffe, }
Thos. Shirla, }
John Harvill, }
Robert McGregor,}
David Starit, }
Capt. James Karr,}be Said Committee.
Voted, that the meeting be dismissed,"
The government was duly organized under this act, the House having forthwith chosen a Council according to its provisions, and the various officers being chosen agreeably thereto."In Congress at Exeter, January 5, 1776. WE, the members of the Congress of the colony of New-Hampshire, chosen and appointed, by the free suffrages of the people of said colony, and authorized and impowered by them in to meet together and use such means and pursue such measures, as we shall judge best for the public good;--and in particular, to establish some form of government, provided that measure should be recommended by the Continental Congress; and a recommendation to that purpose having been transmitted to us, from the said Congress--have taken into our serious consideration the unhappy circumstances, into which this colony is involved, by means of many grevious and oppresive acts of the British parliament, depriving us of our native and constitutional rights and privileges; to enforce obedience to which acts, a powerful fleet and army have been sent into this country, by the ministry of Great Britain, who exercise a wanton and cruel abuse of their power, in destroying the lives and properties of the colonists, in many places, with fire and sword, taking the ships and lading from many of the honest and industrious inhabitants of this colony, employed in commerce, agreeable to the laws and customs a long time used here.
The sudden and abrupt departure of his Excellency John Wentworth, Esq., our late governor, and several of the council leaving us destitute of legislation; and no executive courts being open, to punish criminal offenders, whereby the lives and properties of the honest people of this colony, are liable to the machinations and evil designs of wicked men:--
Therefore, for the preservation of peace and good order, and for the security of the lives and properties of the inhabitants of this colony, we conceive ourselves, reduced to the necesity of establishing a form of government, to continue during the present and unnatural contest with Great Britain, protesting and declaring, that we never sought to throw off our dependence upon Great Britain; but felt ourselves happy under her protection, while we could enjoy our constitutional rights and and privileges--and that we shall rejoice, if such a reconciliation, between us and our parent state, can be effected, as shall be approved by the Continental Congress, in whose prudence and wisdom we confide.
Accordingly, pursuant to the trust reposed in us, we do resolve, that this Congress assume the name, power, and authority, of a house of representatives, or assembly, for the colony of New-Hampshire: and that said house then proceed to choose twelve persons, being reputable freeholders, and inhabitants within this colony, in the folowing [sic] maner [sic], viz. five in the county of Rockingham, two in the county of Strafford, two in the county of Hillsborough, two in the county of Cheshire, and one in the county of Grafton,--to be a distinct and separate branch of the legislature, by the name of a council for this colony, to continue as such until the third Wednesday in December next; any seven of whom to be a quorum, to do business:
That such council appoint their president; and in his absence, that the senior counsellor preside.
That a secretary be appointed by both branches, who may be a councellor, or otherwise, as they shall choose.
That no act, or resolve, be valid, and put into execution, unless agreed to, and passed by both branches of the legislature.
That all public officers, for the said colony, and each county, for the current year, be appointed by the council and assembly, except the several clerks of the executive courts, who shall be appointed by the justices of the respective courts.
That all bills, resolves, or votes, for raising, levying and collecting money, originate in the house of Representatives.
That, at any sessions of the council and assembly, neither branch shall adjourn, for any longer time, than from Saturday till the next Monday, without consent of the other.
And it is further resolved, that if the present unhappy dispute with Great Britain, should continue longer than the present year--and the Continental Congress give no instructions or directions to the contrary--the council be chosen by the people of each respective county, in such manner, as the council and house of representatives shall order.
That general and field officers of the militia, on any vacancy, be appointed by the two houses, and all inferior officers be chosen by the respective companies.
That all officers of the army be appointed by the two houses, except they should direct otherwise, in case of any emergency.
That all civil officers, for the colony, and for each county, be appointed, and the time of their continuance in office, be determined, by the two houses, except clerks, and county treasurers, and recorders of deeds.
That a treasurer, and a recorder of deeds, for each county be annually chosen, by the people of each county respectively; the votes for such officers to be returned to the respective courts of general sessions of peace, in the county, there to be ascertained, as the council and assembly shall hereafter direct.
That precepts in the name of the council and assembly, signed by the president of the council, and speaker of the house of representatives, shall issue annually, at or before the first day of November, for the choice of a council, and house of representatives, to be returned by the third Wednesday in December then next ensuing, in such manner, as the council and assembly shall hereafter prescribe."
The Counsellors chosen were,Hon. Meshech Weare was chose president of the Council. He was also chosen Chief Justice of the Superior Court. It was soon found that the government was sadly defective in not having an Executive head. This was foreseen, but there was such an antipathy against one man power, as had been exhibited by the governors under the royal government, that the people were opposed to one executive officer. To obviate this defect in part, and that there should be an executive in the recess of the Legislature, a "Committee of Safety" was appointed. These Committees were chosen by every Legislature, and were considered as the supreme executive of the State, and their acts were considered as binding as those of the Legislature, when in session. The Committee of Safety for 1776. consisted of
Meshech Weare, Hampton Falls,
Matthew Thornton, Londonderry,
William Whipple, Portsmouth,
Josiah Bartlett, Kingston,
Nathaniel Folsom, Exeter,Rockingham County. John Wentworth, Dover,
Ebenezer Thompson, Durham,Strafford County. Wyseman Clagett, Litchfield,
Jonathan Blanchard, Dunstable,Hillsborough County. Samuel Ashley, Winchester,
Benjamin Giles, Newport,Cheshire County. John Hurd, Haverhill, Grafton County.
Meshech Weare, was chosen President of the "Committee of Safety" and Ebenezer Thompson, Secretary. Mr. Weare, and some others were continued members of this committee by annual election until the alteration in the for of government in 1784. Mr. Weare was also President of the Committee usually but not always; Hon. Josiah Bartlett, Hon. Matthew Thornton, and Dr. Thompson having often been elected to that responsible office.
Meshech Weare, Hampton Falls,
Phillips White, South Hampton,
Joseph Moulton, Hampton,
Peirce Long, Portsmouth,
Timothy Walker, Concord,
Benjamin Barker, Stratham,
Joseph Dudley, Raymond,Rockingham County. Ebenezer Thompson, Durham,
Otis Baker, Dover,
John Smith, Durham,Strafford County. Matthew Thornton, Merrimack,
Wyseman Clagett, Littchfield,
Matthew Patten, Bedford,Hillsborough County. Nathaniel S. Prentice, Alstead, Cheshire County.
"January 17, 1782, the town met according to adjournment, and after voting down some part of the plan of government, that is Needless to be here Inserted, they voted not to send any man to Convention and the moderator dissolved the meeting."The Plan was generally rejected throughout the State, and when the Convention met, they found their labors had been disapproved. The Convention however, continued its sessions and on the last Tuesday of December, 1782, resumed its labors.
"Voted to Except the plan of Government as it Now Stands.At the same time, they refused to send a delegate to the Convention.Contents 14.
Non Contents 1."
"Tis now almost two years since the Convention for framing a Constitution of Government for the people of this state, was called; and we are pained to say, we see less prospect of succeeding, than when we first made the attempt.Meantime the articles of peace had been ratified by Congress and our old form of State government was at an end by its own provisions. But this state of things had been anticipated by the Legislature, and in consequence of its action, the Committee of Safety issued the following Proclamation, continuing the form of Government for a specified period.
Six times we have met and adjourned, and twice have been at the pains of printing such a form as we thought would be best for, and most acceptable to the people--all at an amazing expence to the State, and yet not half its inhabitants have thought proper to give themselves the least concern about it.
At our first meeting we agreed upon the essentials of the plan and appointed a Committee to prepare the draught. At our second, we received it, and voted to print and send out to the people 700 copies thereof, informing them that not less than two thirds of the voters in favor of the plan should be sufficient to establish it.
Our next meeting, to receive the votes was so thin, and so few returns were made, that we adjourned to a better season of the year, in hopes that both would be more ample, at the next meeting; and in the mean time recommended to the several towns to send more members, and be more explicit, as well as numerous in their returns.
We met the fourth time; we received and considered the votes, and appointed a committee to make necessary alterations. At our next meeting we voted to receive the plan thus altered, and to print & send out to the people 8O0 copies thereof. It was so done. After a long recess we again met to receive the votes, but to our great grief and surprise, not half the towns within the State, made any returns, and of those that did, not a fifth part of their inhabitants voted.
One reason of this we find by many of the returns, was that the people conceived they were obliged to take a certain oath of allegiance, in order to qualify them to vote respecting the constitution, which they for some reason declined. We therefore take this opportunity to assure them that it is the full sentiment of the Convention, that they are under no necessity of taking it, the act imposing the oath, not reaching to matters of this kind; are provided the votes are given in public town meeting, that the Convention will as readily receive them without the voters taking the oath as with it.
We find great defects in the returns last made. In many, the number of voters is not mentioned. Some of the towns that voted in favor of a chief magistrate, but against his title of Governor, have not been explicit as to his powers. Many towns that have voted against the mode of representation and a variety of other matters, have omitted pointing out the amendments. Some have condescended to criticize single words;--others have confined many of their observations merely to the address, tho' that is no part of the Constitution.
From these and many other considerations, the Convention have thought it best to adjourn once more before they make any further alterations in the frame, to give the people the fullest opportunity to consider and give their sentiments thereon, as well as to rectify any mistakes and supply all defects; that the Convention may have a tolerable assurance that the plan, after all, will be received. In order to which all the towns that have acted, are at full liberty to make any alterations, or if they chuse, to proceed as if they had never acted at all; and they have adjourned to the first Tuesday of June next, then to meet at Concord."
Whereas the Form of Government agreed upon by this State, in the year of our Lord one thousand seven hundred and seven-six, was (considering the then situation of affairs) established to continue only during the unhappy and unnatural contest then subsisting with Great Britian:
"State of }
New Hampshire.}In Committee of Safety, April 16, 1783.
A Proclamation.
And whereas the General Assembly of this State in their last session, from information they received, had a promising prospect of a speedy and happy termination of those contests, and establishment of Peace; and taking into consideration the fatal consequences which might follow from being destitute of a regular Form Government, did pass a Resolve recommending that the present Government be continued in its full force 'till the tenth day of June, one thousand seven hundred and eighty four, notwithstanding a general pacification should take place in the mean time; provided a permanent Plan of Government for this State should not be established antecedent to that period:
And it was recommended to the selectmen of the towns and places in this State to lay said Resolve before the inhabitants at their next annual meetings, if received before such meetings were finished, if not so received, then at meetings to be called for that purpose; and the inhabitants were requested to signify, by vote, their approbation or disapprobation ot [sic ?of] continuing the present Government according to said Resolve; and the Clerks of the several towns and places were required to certify the same to the Committee of Safety, on or before the 15th day of April then next.
Which returns having been made and carefully examined by the Committee, it appears clearly to be the voice of the inhabitants of this State, that the present Plan of Government be continued agreeably to said resolve.
We therefore hereby make known, That the present Plan of Government for this State, is continued in full force and effect until the tenth day of June, one thousand seven hundred and eighty four, provided a permanent Plan of Government for this State should not be established antecedent to that period.
And all officers, civil and military, and all persons concerned, are to take notice hereof, and govern themselves rccordingly [sic].
M. WEARE. President. By order of the Committee, J. PEARSONS, Dep. Sect'y"
"The subject of "the 8th article of the Confederation," coming legally before the same meeting, it was referred to the same Committee.The Constitution was generally accepted throughout the State.
At the adjourned meeting, September 23d, the committee reported in favor of accepting the plan of government, and their report was unanimously accepted by the town.
It was also
"Voted that the clause in the Eight article of Confederation stand as it now is," probably agreeable to the report of the Committee.
The eighth article was as follows:
"ART. VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general warfare, and allowed by the United States in Congress assembled shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and the improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time appoint and direct. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled."
"For | Josiah Bartlett, | 17 votes. |
" | John Langdon, | 9 " |
" | John Calf, | 1 " |
Votes for Senator as follows: | ||
" | For Gen. Nichols, | 13 " |
" | Esqr. Bailey, | 9 " |
" | Levt. John Orr, | 2 " |
" | Gen. Stark, | 1 " |
" | Esqr. Blood, | 1 " |
" | Joseph Blanchard, | 1 " |
" | Esqr. Robert McGregor, | 1 " |
" | Esqr. Abbott, | 1 " |
"Voted to accept the Constitution,--14 votes--Contrary--0."September 5, the Convention having met it was found that the Constitution as revised by them had been accepted by the people, and it was declared to be the "Constitution of New Hampshire," and was to take effect the first Wednesday of June, 1793.
Chapter 21
History of Manchester
Hillsborough County
ALHN-New Hampshire
Created April 28, 2001
Copyright 2000, 2001