USA > Massachusetts > Essex County > Andover > Andover Massachusetts town meeting records 1709-May 21, 1776 > Part 10
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3rdly Whereas the towne of Andover being duly notified from the Court of General Sessions of the Peace to show cause at the next sitting of the Court to be held at Salem why the petition of Capt. Isaac Osgood and others should not be granted, if the towne will choose some person or persons as agent or agents in behalf of said towne to show cause why said petition should not be granted.
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4thly; To .. if. the town will choose a committee to meet with the selectno respec ead partition by a number of the fan b lover and T oksburt.
5thły; *. % towm will discontinue the alteration of part of a pri th cepted in the year 1772, said way lying on Nehemiah C and leads from Billerica Road to a private way that passath by the widow Sarah Ballard.
6thly; To see if 'the towne will vete their reasons why the petitions of Capt. Isaac Osgoed and others should not be granted.
Herewith fail not to make timely return of this Warrant with your doings thereon to one or more of the Selectmen, given under our hand and seal at Andover the thirteenth day of December Anne. Domino One Thousand Seven Hundred and Seventy Three and in the fourteenth year of His Majesty's Reign
John Farnum
Asa Abbott
Sam' 1 Osgood 3rd
Selectmon
Zebediah Abbott Benj. Stevens 3rd
Town Meeting; At a legal meeting of the Freeholders and Dee, 20 1773: tants of the town of Andover qualified for the law direo ts, at the North Meeting House in said to n on Mond y the twentieth day of Do cember 1773, the several constab ofo mentioned having duly returned their warrants; The Honorable Samuel Phillips, Esq. was chosen Med tor on reading an order
held in Newburyport 0 be held at Salem why the petitions of Cap. Dsa e t the Town from the Court of General Sessions of the Peace in Septemb last to show eau t the next moi i of the Court to good and others praying for two private ways to be laid out in cess to Farm, and the other a private"way laid out 1731/2
sai Andover, ene ae- beginning at the road which leads to Billerica to everlands formerly with the alteration made in part at the Marsh meeting in 1772, Deason Nehemiah Abbotts to Boston Read.
Vated that said Court at their next session at Salom be and-K d to continue the further consideration of said Petitfon March next.
Dorge Abbott, Capt. Asa Fester, Serg. Zebediah Abbott S o meet with the Soleetmon of. Tewksbury res- peeting a road pot a for a number of the inhabitants of Andover and Tewksbury.
Voted to adjourn to first Monday in March nemt 4 o'clock P.M.
Voted to adjourn to Friday. next 2 .'.look P.M.
5232-continued
The following warrant was directed to Messrs Nathan Abbott, John Wilson, Peter Camikon. and William Dane constables for the town of Andover.
Greeting
You are hereby required to warn all the Freeholders and other in- habitants within. your district, qualified for voting in town meetings as the Law directs, to meet at the North Meeting House in said Town on Thursday the third day of February next at one o'clock in the afternoon to act on the following articles, viz:
Istly; To choose a moderator for said meeting.
2ndly; Whereas a letter has lately been directed by the Committee of Correspondence of the Town of Boston to the Town Clerk of Andover, requesting the Tea sent out by the East India Company subject to the payment of duties on its being landed in America to see if the Town
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Town will act anything in answer thereto and on any Tea subject to a Duty and if the above Article passes in the affirmative, then .. R. . ..
3rdly: To see in what method the Town will proceed in reqquesting the same, and if they see cause to act on any other Article that may be thought to infringe on their Liberties.
Thereof fail not and make timely returns of this Warrant with your doings thereon to some one of the Selectmen.
Given under our hand and seal at Andover the twenty seventh day of Janusry Anno Domino one thousand seven hundred and seventy four, and in the fourteenth year of his Majesty's Reign.
John Farnum Asa Abbott Selectmen of Andover Zebad. Abbott Benj. Stevens 3rd.
At a legal meeting of the Freeholders and other inhabitants of the Town of Andover (qualified) for voting as the Law directs) at the North Meeting House. Said Town on Thursday the third day of February 1774, the several constables before mentioned having duly returned their Warrant, Capt. Asa Fosterewas chosen Moderator.
The question being put whether the Town will proceed to act in answer to the letter received by the Town Clerk from the Committee of Correspondence mentioned in the Warrant if passed in the affirmative.
Voted to have a Committee make and Draught for that person to lay before the Town-that it consists of Five viz:
Samuel Phillips Jr. Mr. Samuel Osgood, Capt Asa Foster, Mr. Joshus Holt, Doctor Joseph Osgood.
After due examination, the Town thought their own sentiments on the subject of said letter could not be better expressed than in the words of the Philadelphia Resolver so far as they were calculated for their circumstances ---- wherefor .;
Istly; resolved; Thay the disposal of their own property is the inherent right of Freemen; that there can be no property in that which another can, of rights, take from us without our consent; that the claim of Parliament to tax America, is, in other words, a claim of right to lay contributions on us at pleasure.
2ndly; That the duty imposed by Parliament upon the Tea landed in America, is a tax on the Americans, or levying contributions on them without their consent.
3rdly: That the express purpose for which the tax is levyed on the Americans, namely for the purpose of Government, the administration of Justice, and the defence of his Majesty's Dominions in America, has a direct tendency to render Assemblies useless and to introduce Ar- bitrary Government and Slavery.
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4thly : . That, a wintuous and steady, opposition to this ministerial plan of governing America is absolutely necessary to preserve even the shadow of- Liberty, and is a duty whichevery Freeman ows to his country, to himself and his posterity.
5thly; That the resolution laterly come into by the East India Company, to send out their Tea to America subject to the payment of duties on its being landed here is an open attempt
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Attemptto enforce the ministerial Planm and a violent attack upon the liberties of America.
6thly : That it is the duty of every American to oppose this attempt- and further --
7thly; That no person in this town, who has heretofore been concerned in vending Tea, or any other person, may on any pretence whatever, either sell himself, or be in any way accessory to selling any Tea of foreign importation, while it remain burdened with a duty under penalty of incurring the Town displeasude.
Voted that the Committee aforesaid transfer a copy of the transactions of this meeting to the Committee of Correspondence in Boston.
The meeting was then dissolved.
The following Warrant was directed to Messrs Nathan Abbott, John Wilson, Peter Carlton and William Dane, constables for the Town of Andover.
In His Majesty's Name you are hereby required to warn the Freeholders . and other inhabitants of said town within your district qualified for voting in Town Meetings as the Law directs at North Meeting House in said town on Monday the seventh day of March next at none o'clock in the morning, to act on the following articles;
Istly; To choose a Moderator for said meeting.
2ndly; To receive an account of the Selectmen how they have disposed of the Town's money the year past.
3rdly; To choose a Town Clerk, Selectmen and other Town officers to serve the Town the ensuing year .
4thly; To see what sum of money the town will raise to defray the charges of keeping a Grammer School the ensuing year.
5thly; To see if the Town will raise any sum of money to hire reading and writing schools in the outskirts of the Town the ensuing year.
6thly ; To see what sum the Town will raise for said outskirts.
7thly; To see what sum of money the Town will raise to defray the other charges arising in said Town the year ensuing.
8thly ; To see in what method the Town will mend their Highway the en- suing year.
9thly; To see what sum of money the Town will raise to mend their high- ways the ensuing year.
5234-continued
10thky; . To sap: if swine may go at large if yoked and ringed as the Law directs ...
11thlys . To see. if sheep may go at large from the fifteenth day of March next to the first day of May next or any part of said time as the Law directs.
12thly; To see if the Town will choose some suitable person or per- sons to clear the Fish courses for the fish called Alewives the year ensuing.
13thlt; To see if the Town will appoint places where the fish called Alewives may be taken, and also, prohibit places where they may not be taken, and appoint certain days for taking said. fish.
14thly; To see if the Town will choose some suitable persons to pro- secute those that shall catch any of the fish called Alewives in any of the fish courses, where there may be prohibited the ensuing year. 1-5thiy; To see if the Town will vote for a County Treasur
16thly; To see if the Town will allow Nathaniel Holt some the estate of Samuel Martin, as said Helt is the greatest
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greatest sufferrer by means of said Martin absconding.
17thly; To see if the Town will allow the three daughters of Samuel Martin three gowns that were their sisters. Elizabeth Martin, deceased, and the remainder of said Elizabeth's things to be equally devided between the six brothers of said deceased.
18thly; To see if the Town will accept a way laid out by the Select- men from the upper Dam Road (so called) by Ezra Annice's house to Tewksbury Line as the way is now bad; beginning at a Black Oak Tree by said road, then southwesterly twenty seven poles on land left for a road to a heap of stones, then southwardly ten poles to a heap of stones, still southwardly two poles on land of said Annice's te a heap of stones, then westerly on said Annice's dand fourteen poles to a heap of stones on Tewksbury line.
19thły; To see if the Town will accept of a way laid out by Ebenezer Rand to Tewksbury Line bounded as followeth; viz; beginning at the end of a road formerly laid out to the southeasterly corner of said Rand's pasture, thence northwesterly forty poles to a heap of. stones, thence 55 degrees west eighteen poles to a heap of stones, thence N 2 degrees W eight poles to a heap of stones, thence northwestergy twenty- poles and a half to a heap of stones, thence N 70 deg. W eighteen poles to a Red Oak marked, then west eleven poles and a half to Tewksbury Line. The whole of said way is laid out on said Rand's land, two poles in width, and bounded on the northward side of same.
20thly; To see if the Town will accept of the Alteration of part of the way that leads from Holbrooks to Malones Ferry, bounded ag follows; viz; beginning at a Black Oak Tree marked standing southwesterly of said Holbrook's house, then turning from said way southwesterly about fourteen poles to a White Oak stump, then westwardly about fifty two poles to a stake and stones, then westwardly about fifty two poles to a stake and stones by the road that leads from Obediah Johnson Jr's house to said Ferry, then northwesterly about fourteen poles to a large stone by the fist mentioned way. It is laid two poles in width, and bounded on the southwardly side.
21stly; To see if the Town will accept of a way laid out from Mr. Nehemiah Abbotts to rough meadow (so called) bounded as follows; viz; beginning at the road by said Abbott's house, thence westerly on said Abbott's land eight: poles to a heap of stones, thence northwardly on said Abbatt's land ten poles to a heap of stones, then near the same course on Joseph Dean's land ninety five poles to a heap of stones, thence westerly on sald Dean's land one hundred and four poles to a heap of stones, thence northwesterly on Deacon John Deand land thirty poles to the East end of Deacon Dean's shop, then westwardly on said Deacon's land forty six poles to a heap of stones, thence northwardly on said Deacon's land one hundred and thirty poles to a heap of stones on the southwardly side of the County Road leading by Obediah Foster's, then running northwestwardly on said Foster's land
5235-continued
beginning at a heap of stones on the northwardly side of said Road, and opposite to the bounds last mentioned, ninety six poles to a heap of stones, thence near the same course thirty two poles on land of Josiah Ballard to a heap of stones, thence on near the same course on said Foster's land ninety three poles to a heap of stones, thence turn- ing more northwardly on Zebediah Abbott's land eight poles and nine tenths to a scrub oak marked, thence northwesterly on said Zebediah Abbott's land eighteen poles to a White
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White Pine marked, thence more northwardly on said Zebediah's land twenty two poles to a road leading to Ens. Isaac Chandler's to the aforesaid meadow, said way is laid two poles wide and bounded on the westwardly side of the same.
22ndly; To see if the Town will accept of the alteration of a way that was viewed and measured by the selectmen in the year 1771. Said road leads from John Buzzer's by a place called Macker Cove and so on to Boston Road, bounded as follows, viz: beginning at stump and stones about the same standing on Job Foster's land on the southwardly side of said road, also two rods and a half north of Benjamin Holt's land, then westerly on said Foster's land fourteen poles to said Holt's land, so on westerly on the northwardly side of said Holt's land and on said Foster's land forty four poles to a White Oak stump, Nathan Abbott's bounds, so on westerly on said Abbott's land adjourning to said Holt's land fifty six poles to a stake and stones, thence on land of William Goldsmith's thirty poles to a stake and stones standing on the northwardly side of said road, so on about twenty four poles to & stake and stones northwardly of said Goldsmith's Mill Dam, then over the Mill Dam about fourteen poles to Taylor's land, so on said Taylor's land by the south- easterly side of Deacon Ballard's land about thirty six poles to a White Oak Tree marked said Ballard's bounds, then southerly on common land to Boston Road, said bound is laid out two poles wide through.
23rdly; To see if the Town will be at the whole change or any persons thereof in supporting the wife and children of Salem. several of John Poor the third.
24thly ; To see if the Town will remit to Thomas Hagget the whole or any part of his rates which are due for four years past.
25thly; To see if the Town will remit to Joshua Osgood the whole or any part of the fine due to said town which by the Court of the General Sessions of the Peace held at Ipswich March 1771 was laid on said Osgood for his selling spiritous liquors without license.
Hereof fail not and make timely return of this Warrant to some one of the Selectmen with your doinds of the same. Given under our hand and seal at Andover the twenty first day of February A.D. 1772 and in the fourteenth year of His Majesty's Reign.
John Barnum Zeb. Abbott Selectmen of Andover Benj. Stevens 3rd.
3
At a meeting of Freeholders and other inhabitants of the Town of Andover (duly qualified and legally warned) at the North Meeting House in said Town on Monday the seventh day of March 1774 at nine o'clock in the morning ( the several constables aforementioned having duly re- turned their Warrants) Col George Abbott was chosen Moderator.
Then were chosen the persons hereafter mentioned to serve in the several offices annexed to their names.
Samuel Phillips Jr, Town Clerk. Maj. Asa Abbott, Benj. Stevens 3rd, Zebediah Abbott, Samuel Osgood 2nd, Henry Abbott Jr. Selectmen. Samuel Phillips Jr. Treasurer, etc.
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Messrs John Chickering, Darius Abbott, Jonathan Bolt, Benj. Farrington, Timothy Abbott, Josiah Blanchard, Jonathan Cummings, Jos. Holt. Lt John Ingalls, tithing men.
John Adams, leather sealer.
Thos. Bragg, Clerk of markets.
Messrs John Abbott, Benj. Stevens Jr. Pound Keepers.
Benj. Stevens Jr. Capt. Samuel Johnson, surveyers. Isaac Osgood, John Bridges, Benj. Moor Zebed. Chandler, John Adams, Col James Frie, Maj. Dan. Kimball, Thos. Abbott Jr. Isaac Chandler, Joshua Holt, Sam'l Johnson Jr. Philimon Chandler, Isaac Blunt, John Chandler, Moses Abbot, Jedediah Holt, San'l Phillips Jr. Ebenezer Poor, Asa Barker, Wm. Johnson. John Abbott 4th, Darius Abbot, Joshua lovejoy Jr, Nathan Town Jr. Jacob Holt, Andrew Kimball, Benj. Farring- ton, Peter Carleton, Thomas Austin, Richard Kimball, Sam'l Blanchard, Jos. Burt, Abiel Holt, Sam'l Jenkins, Obediah Johnson Jr. Jos. Abbott' Jr . Surveyers of Highways.
Jacob Tyler, John Martin, and Lt. Samuel Phelps, Cutters of Lumber.
Capt. Thos. Poor, Jos. Blanchard, John Peabody Jr. Benj. Poor, Jahn Abbott jr. John Wood, Phil. Chandler, Stephen Meser, Surveyers of Lumber.
Fence Viewers; Capt Henry Ingalls, John Frye, Nathan Abbott, Phil. Chandler.
Obediah Johnson Jr. Deer Beeve.
Tin. Abbott, Benj. Farrington, Ebenezer Ingalls, Nathan Abbott Jr. W. Chandler Jr. Wm. Ballard, Andrew Foster, John Aaron Blanchard, Moses Abbott, Jos. Ballard -Field
Hog Beeves; Robt. Davis, Thos Perry, John Barnard, Eben. Ingalls, Nathan Town, Sam'l Cogswell, Tim. Abbottk J cob Johnson, Moses Lovejoy, Philip Fowler, P. Parker, John Merrill, James Barker Jr. Andrew Peters.
Fish Officers; , John Abbott Jr. John Chickering, Benk. Moors Jr. Sam'l Phelps, Sam'1 'Frye, Nathan Abbott, John Abbot 3rd, Thos. Spofford Moses Bagley, Oliver Peabody, Jacob Tyler, Capt. Thos Poor, Isaac Abbot, Jt. To clean fish courses.
Then the Town received the account of the selectmen who disposed of the town's money the year past and approved the same.
The meeting was then adjourned to Friday the 11th at nine o'clock AM.
Voted to raise the sum of forty pounds to defray the charge of a grammar school the year ensuing.
5237-continued
The question: being put whether the Town will raise money to hire reading and writing in the outskirts the year ensuing. It passed in the affirmative.
Voted to raise the sum of twenty five pounds for the purpose above mentioned.
Voted to raise the sum of one hundred and thirty five pounds to defray the other town charges the year ensuing.
The question being out whether the Town will mend highways the year ensuing as in years past. It passed in the affirmative.
Voted to raise the sum of two hundred and fifty pounds for mending the highways the year ensuing.
Swine; The question being put whether swine may go at large if yoked
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yoked and ringed as the Law directs the year ensuing. Passed in the affirmative.
Sheep; The question being out whether the sheep may go at large from the fifteenth day of March to the first day of May as the Law directs. It passed in the affirmative.
Voted that Mr. Nathaniel Holt be allowed the sum of thirteen pounds six shillings and eight pence out of the estate of Samuel Martin.
The question being put whether the Town will allow the three daughters of Samuel Martin, three gowns that were their sister Eliza- beth's.
The question being put whether the Town will accept of a way laid out by the selectmen from the upper Dam Road (so called) by Ezra Annice's house to Tewksbury Line as the way is now good. It passed in the affirmative. See the records of Roads.
The question being put whether the Town will remit to Joshua Osgood the whole of the fine due to said Town which by the Court of the General Sessions of the Peace held at Ipswich 1771 was laid upon said Osgood for his selling spiritous liquor, It passed in the affirmative.
Voted to adjourn to Thursday the 27th instant 12 o'clock. The Town had a meeting on Friday the 11th of March 1774 being continued by sundry adjournments from the 20th of December 1773. Andover.
The question being put whether the Townwwill accept of the new bounding out of a private way that was laid out and accepted in the year 1731/2 beginning at the road that leads to Billerica, so over land formerly Deacon Nehemiah Abbotts and others to Boston Road. It passed in the affirmative. See the records of roads.
Voted that Capt. Asa Foster appear as agent for the Town at the Court of General Sessions of the Peace to be held at Ipswich, within and for the County of Essex on the last Tuesday of March instants, and at any other Court as there may be occasion (with power of sub- stitution) to make answer to the petitiono6fCeapt. Isaac Osgood and others praying for roads. Whereof the Town has been notified by said Court at thetrsession at Newburyport in Sept. last.
The question being put whether the Town will discontinue the al- teration of a private way that was accepted in the year 1772, said way lying on Nathaniel Abbott's land and leads from Billerica road to a private way that passeth by the widow Sarah Ballard. It passed in the affirmative.
Voted to choose a committee to prepare reasons to show why the petitions of Capt. Isaac Osgood and others before mentioned should not be granted.
That Messrs Moody Bridges, Samuel Osgood 2nd and Capt John Farnum form a committee for the purpose last mentioned.
5238-continued
Adjourned to Thursday next 2 o'clock P.M. These met and the committee chosen the last meeting to prepare reasons against the petition of Capt. Isaac Osgood and others above mentioned. Reported as follows;
The committee appointed by the Town of Andover at their meeting held by adjournment on the eleventh day of March 1774 to prepare reasons to show why the petitions of Isaac Osgood and others should not be
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granted, have directed me to report the following doings which is humbly submitted --- Moody Bridges and To the Honorable, the Justices of His Majesty's Court of General Sessions of the Peace, to be holden at Ipswich within and for the said County of Essex, on the last Tuesday of March Anno Domino 1774.
The Town of Andover by their agent, Mr. Asa Foster, beg leave to respond to the petition of Isaac Osgood and others (praying) for two private ways to be laid out in the said Town of Andover, as follows; viz;
The petition for a road across Frye's Farm, that the selectmen of said Town who laid out a way across said Farm in the year 1772, esteemed the same to be necessary and convenient, that they apprehend the Town acted unreasonably in disapproving of the same, as a way on or near when the selectmen laid one out, is necessary and convenient for the petitioner and inhabitants of their town named in the petition, that it will shorten the to Boston, Charlestown and Cambridge t nearly two miles. To all which your respondent asks leave to reply.
That the then selectmen are now ready to testify that they did not esteem said way to be necessary and convenient. That the Town did not act unreasonably toward the petitioners, for they are no less well accommodated with roads to Cambridge, Charlestown and Boston, Then the other inhabitants of said Town in general.
That a road across Frye's farm to the aforesaid Town from Parker's Ferry will shorten the travel near two miles as mentioned in the peti- tion is a grave mistake, for the contrary is true, that instead of shortening the travel to the said town, for the greatest part of the petition, it will lenghten it, and it will not shorten the travel to any of them but about one hundred and eighty poles in the length of five miles or more. That the inhabitants of other towns mentioned in the petition are well accommod ted with a number of roads that branch out from the road from Parker's Ferry to all parts of the Town, and the road prayed for will very little accommodate a few individuals, and the road already provided will much better accommodate the greatest part of the inhabitants of said town than the road prayed for.
That the way petitioned for will occupy springs and low land which is valuable for improvement, the cost of the purchase and maintenance of said road will be great, and there being many instances where the inhabitants of said town as well as the inhabitants of many other towns may with greater propriety petition for road that will better accomodate them than the road prayed for will accommodate the petitioners, and as the roads already opened and maintained by the town take up the length of more than one hundred and forty miles and there being many expensive bridges over Shawsheen River, the addition of such road as will not be of publick utility will lay an impossible burden upon the town of Andover.
The petitioners for a private way laid out the twentieth day of January 1731/2 beginning at the road that goes to Billerica and to over lands formerly belonging to Deacon Nehemiah Abbott and others, as men- tioned in the petition, show that an alteration of said way was made in part at the annual meeting in March 1772 by never determined by the Record, on which side the
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line the said way should be, or of what width. That a passage on or near where it was formerly laid out and brodden and on or near where the alteration was made, is now of great consequence upon this your respondent begs leave to observe that the sentence is couched in am- biguous terms, if the petitioners hereby intend the road that was laid out 1731/2 your respondent asks leave to say that the said way laid out in the year before mentioned is now made certain by bounds on which side the line and of what width and that the town has accepted the same as may appear by attested copies of the proceedings of said Town, and the alteration mentioned is discontinued-it being judged that it will better accommodate the whole number of those who will have occasion to use this way leading to Boston Road than the way where the above alteration was made, as the land is very springy and will subject the town to great expense to maintain it, whereas the road which was formerly laid eut, and has been trodden time out of mind and is very easily repaired. And may it please your Honors, for these and many other reasons which the town of Andover may be their agent, your res- pondent humbly prays the petitions of Isaac Osgood and others for the private ways to be laid out in said Town may be dismissed, and in duty bound shall ever pray.
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