Fowle's New Hampshire Gazette And General Advertiser

TO the CITIZENS Of NEW HAMPSHIRE.

Gentlemen,

ANY false and malicious insinuations having been industriously propagated, to prejudice you against the claims of the heirs of Samuel Allen, Esq. to certain lands in New-Hampshire; I must beg leave briefly to state some facts for your consideration.

Every person acquainted in the smallest degree with the history of New-Hampshire, must be sensible that this state owes its origin to the grant made to Capt. John Mason, in 1629, and a confirmation thereof in 1635, conveying all the lands between a line to begin at the mouth of Piscataqua river, and to run to the farthest head thereof, thence northwesterly, until sixty miles were completed, and another line running up Merrimack river, and extending westerly until sixty miles were completed; thence running over lands from the head of the last mentioned line, to the most northerly extent of the sixty miles, commencing at the mouth of Piscataqua river. These premises were devised by Mason, to his two sons, John and Robert, who in the year 1691, sold the same to Samuel Allen, Esq. for a consideration of two thousand, seven hundred and fifty pounds sterling, after which, Allen entered and took possession, and his son Thomas, after his decease, kept up the claim, and obtained several decisions in favour of the title he set up, to the waste lands within the aforesaid patent.

About the year 1747, a number of persons purchased for seven hundred and fifty pounds old tenor of a descendant of Capt. Mason. all his right to the lands within the aforesaid patent; by virtue of which they entered and took possession of such lands within Mason's grant, as best suited their interest and convenience; although it was well known, that Mason had conveyed all his right to Samuel Allen, Esq. fifty-three years before the pretended purchase; these persons took upon themselves the title of the proprietors of Mason's patent, made grants of a number of townships, and always reserved to themselves a considerable tract of the best land in each town, and by this means acquired great wealth, while the heirs of Allen, who were the real owners of the soil, were compelled to gain by the labour of their hands in this State, Massachusetts and Rhode Island (where they now live) a scanty subsistence, and experienced the mortification of seeing others living in affluence upon the fruits of that inheritance which was their birthright, and which poverty alone prevented them from contending for. But about three years since, some of the heirs of Allen, having acquired by honest industry, wealth sufficient to enable them to contend for their right, applied to some gentlemen of the law in Massachusetts, who undertook for them; and many gentlemen of wealth in that state became interested by purchase: The heirs and purchasers made application to me, as I was an inhabitant of this state, and in the practice of law, and required my advice and assistance. I informed them that although I was fully convinced of the legality of their claims, and perfectly satisfied that the Masonian proprietors had not even a colour of title; yet as great part of these lands had been conveyed to honest purchasers, to whom the Masonian's proprietors (conscious of their want of title) had given only deeds of quitclaims; that I could never think of assisting them to dispossess persons who had by their labour converted a wilderness into a garden, and who if dispossessed had no remedy either for their labour, or to recover back the purchase sum; but if they would content themselves with claiming those lands which yet remained in the hands of the Masonian proprietors unsold and unimproved, I would afford them every assistance in my power.

This proposal was agreed to, and the votes of the proprietors claiming in right of Allen, passed at their first meetings, and published in the Portsmouth Mercury, and New-Hampshire Gazette, of last week, will prove that it was far from the intentions of the heirs of Allen, to molest or disturb honest purchasers, but in order to prejudice the minds of individuals against the claimants under Allen, it has been industriously whispered that they intended to establish their title by recovering the waste lands, and then to try for those under improvement. And that the plan is only to recover the lands for heirs who are now in England.

The falsity of the first insinuation will appear upon reading the votes published; and to put the matter beyond a possibility of doubt, a deed of release from the heirs and assigns of Allen. is made out and published in the Mercury and Gazette. and recorded in the counties of Rockingham and Strafford, and sent to be recorded in the other three counties. The last insinuation is as void of foundation as the first. The principal part of the heirs were never out of the New-England states; and the whole interest is now in the hands of persons who never saw the island of Great-Britain.

When I engaged in this dispute. I had two objects in view, beside that of receiving a recompense for my trouble, viz. that of assisting the heirs to recover their just right, and that of giving every improver and purchaser within the claim, an indisputable title: for as it is allowed on all hands, that Mason's right is good, and the only dispute that can arise, is whether the heirs of Allen or the Masonian proprietors has the title, a deed of release from each party must render them forever secure, whatever may be the legal decision between the heirs of Allen and the Masonian proprietors. This being the state of facts, I flatter myself that the virtuous citizens of New. Hampshire will never lend their aid to deprive the distressed heirs of Allen (who have been robbed of almost all their inheritance) of the small crumbs that may yet fall from the table of those who have become rich with their property.

It is possible that some individuals among the Allen proprietors may have behaved or spoken imprudently, but I will pledge myself, that the proprietors as a body, will not countenance a single measure which may tend to injure the state, or to distress individuals. And I will venture to assure you that at the next meeting of the General Assembly, the proprietors claiming under Allen, will petition for a committee to fix and establish the head line of the patent, which has been a source of dispute for more than thirty years.

JOHN SULLIVAN: for himself, and the heirs and assigns of Samuel Allen.

Durham, May 8, 1786.