Page:Debates in the Several State Conventions, v1.djvu/51

Rh from the middle part of Naumkeag River, (Salem,) and from thence to proceed eastwards along the sea-coast to Cape Ann, and round about the same to Piscataqua Harbor; and then covering much of the land in the prior grant, and giving to the whole the name of New Hampshire."

In the exposition of its own charter, Massachusetts contended that its limits included the whole territory of New Hampshire; and, being at that time comparatively strong and active, she succeeded in establishing her jurisdiction over it, and maintained it with unabated vigilance forty years. The controversy was finally brought before the king in council; and in 1679, it was solemnly adjudged against the claim of Massachusetts. And it being admitted that Mason, under his grant, had no right to exercise any powers of government, a commission was, in the same year, issued by the crown for the government of New Hampshire.

New Hampshire continued down to the period of the revolution to be governed by commission as a royal province, and enjoyed the privilege of enacting her own laws through the instrumentality of a General Assembly, in the manner provided by the first commission.

The laws of New Hampshire, during its provincial state, partook very much the character of those of the neighboring province of Massachusetts.

In April, 1639, Sir Ferdinando Gorges obtained from the crown a confirmatory grant of all the land from Piscataqua to Sagadahock and the Kennebeck River, and from the coast into the northern interior one hundred and twenty miles; and it was styled "The Province of Maine." Of this province he was made lord palatine, with all the powers, jurisdiction, and royalties, belonging to the bishop of the county palatine of Durham; and the lands were to be holden as of the manor of East Greenwich. The charter contains a reservation of faith and allegiance to the crown, as having the supreme dominion; and the will and pleasure of the crown is signified, that the religion of the Church of England be professed, and its ecclesiastical government established, in the province. It also authorizes the palatine, with the assent of the greater part of the freeholders of the province, to make laws, not repugnant or contrary, but as near as conveniently may be, to the laws of England, for the public good of the province; and to erect courts of judicature for the determination of all civil and criminal causes, with an appeal to the palatine. But all the powers of government, so granted, were to be subordinate to the "power and regement," of the lords commissioners for foreign plantations for the time being.

A controversy between Massachusetts and the palatine, as to jurisdiction over the province, was brought before the privy council at the same time with that of Mason respecting New Hampshire, and the claim of Massachusetts was adjudged void. Before a final adjudication was had, Massachusetts had the prudence and sagacity, in 1677, to purchase the title of Gorges for a trifling sum; and thus, to the great disappointment of the crown, (then in treaty for the same object,) succeeded to it, and held it, and governed it as a provincial dependency until the fall of its own charter; and it afterwards, as we have seen, was incorporated with Massachusetts, in the provincial charter of 1691.

The colony of New Haven had a separate origin, and was settled by emigrants immediately from England, without any title derived from the