USA > Massachusetts > Middlesex County > Framingham > History of Framingham, Massachusetts, early known as Danforth's Farms, 1640-1880; with a genealogical register > Part 26
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Feb. 18, 1735-6. Re-location of the road from Southborough line, via Joshua Hemenway's, Jona. Morse's, to the meeting-house: " Begin- ning at Southborough highway near the house of Daniel Mixer (now Addison Belknap), so down as the way is now occupied till it comes to the house of Ichabod Hemenway Jr., then on the north side of a pine tree marked standing about eight rods. from the old path, thence on the south side of Jonathan Morse's house (now E. P. Travis'), so straight to a small pine standing on the north side of the old path in the low lands about thirty rods from said Morse's, then to another pine, and so straight as the land will allow to Col. Buckminster's dam (on Baiting brook), thence as the way is used till it comes over the other dam (the way is to lye two rods wide from the upper side of said dams), then to the corner of the fence between Edward Wright and Sergt. Treadway, thence southerly to a great black oak tree standing in said Wrights' field, thence to the line between Col. Buckminster and said Wright, thence as the line runs till it comes to the path leading from the said Wright's to the meeting-house, then as the way is occupied to the road (above described) leading from Mr. Treadway's to said meeting-house." This road struck the highway before described, near Dr. J. W. Brown's, and followed it to the south side of the Dr. Howe place, etc. There was no road on the north of Dr. Howe's, till the turnpike was built in 1809. The road from G. P. Metcalf's to Otis Childs' was built since that date.
Dec. 6, 1736. The town chose a committee "to take into consider-
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ation the state of the town respecting ways to the meeting-house, and make and offer (as soon as.may be) for the town's consideration a draught of such proposals as they shall judge most conducive to the welfare of the town, and the ease of the inhabitants in their travel to public worship."
The first effect of this vote was a declaration of Col. Buckminster, that "he expected to be paid for the land of his taken into two highways (see Feb. 2, and 18) unless the town would discontinue an old highway leading from the former meeting-house to Wm. Pike's (Col. Edgell's), and that he should make application to the Court of Sessions accordingly, if such discontinuance were denied." Mar. 14, 1737, the town "voted, that the highway leading from the old meeting- house place to Wm Pike's be discontinued as far as it goeth on Col. Buckminster's land and Mr. Treadway's land."
Mar. 14, 1737. A highway was laid out "from the house of Francis Moquet (the Dea. Buckminster tavern stand) by the north end of the hill called Bare hill to the meeting-house."
July 15, 1737. "Return of a highway from Southborough line, via Brackett's corner, to Sudbury: beginning at Southborough line on land of Isaac Gleason, and so as the way is now occupied through his land, then through Ebenezer Frizzell's land, as the way is now occupied, then through Timothy Stearns' land as the way is now occupied, to the highway (at School-house No. 7) leading from Lieut. Willson's to the meeting-house in said town ; then continuing in said highway (which is the old south path to Marlborough) till it comes to the foot of the hill (east of Peter B. Davis) near the northwest corner of Lieut. Eben" Winchester's farm, thence through said Winchester's land as the way is now occupied, said Winchester's fence to be the south bounds of the highway, till it comes to Capt. Clark's northerly corner bound-mark, thence running between land of Capt. Clark and land of the wid. Frost to the north side of Jona. Clark's frame, then running as the way is now occupied to the crotch of the paths. one leading to Stone's mill, the other to the New Bridge ; thence running along said Stone's path to the corner of Ebenezer Pike's new broken up land, then turning northerly and running as straight as the land will conveniently allow over to the said New Bridge path ; thence running as the way is now occupied to said New Bridge. Said road to be 2 rods wide."
August, 1737. " A road was laid out by the Selectmen from the Bennett farm, via the Abbott place, and the F. A. Billings and John Kendall places to Mrs. Gordon's bridge : beginning at a town road near the house of Thomas Stone, so running over a small bridge, then turning and running near the south side of said Stone's house and
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barn, so running to a bound between Samuel Stone and Thomas Stone, and thence through said Samuel Stone's land, and John Pierce's land, to Dea. John Adams' land, then turning southerly, and so down to a small brook to Matthias Bent's land, into his field near the bank of the river, then running near the south side of said Bent's house, to Eliezer Kendall's and through his land, then turning southerly and running to Ens. Joseph Stone's land to a tree standing on the east side of the Knoll called Joseph Stone's house-plot (the old Dr. Kellogg house lot), then turning west, and running to the river to a large Swamp Oak, said road to be on the south side of said Oak, it being William Pike's corner mark, thence over the river, thence as the road is cleared through , said Pike's land to the meeting-house." This road was thus established for travel ; but was not accepted in full for several years.
July 15, 1737. " A road, two rods wide, was laid out from the high- way leading from Amos Gates' (Charles Trowbridge) house to the meeting-house ; beginning near said Gates' dwelling-house, and so running easterly through said Gates' land, then to Isaac Clark's gate, then through said Clark's land, as the path is now trod to the land of Corp. Matthias Clark, then as the path is now trod to the road leading from Marlborough to Stones' mills."
Dec. 26, 1737. A road was laid out from Singletary's bridge (south of Chas. J. Frost's), through Jona. Maynard's land (via the present house of J. F. Macomber) to the bridge over Baiting brook near Benj. Treadway's; and the old road from Chas. J. Frost's to Bullard's bridge was discontinued, and the land given to Mr. Maynard in exchange for what was taken for the new road.
March 5, 1743-4. A road was laid out "from Park's corner south over the hill by the west end of Elkanah Haven's house, then as the way is improved to Nathan Haven's stone wall, and by said wall to the road formerly laid out by the said Nathan Haven's."
March 4, 1744-5. "Laid out a way turning out of the old road at Lieut. Hezekiah Rice's (A. S. Furber's), and running a little westward of the old road, and coming into said old road again near Mr. Moquet's fence ; said Rice promising to make it a good road for passing with teams and horses."
Oct. 12, 1747. The town had been presented for defectiveness of the causeway and bridge (at Saxonville) near the Abner Stone place ; and the town voted to make said causeway fifteen feet wide ; and to raise it on the northerly side of the bridge to a level with the bridge.
1747-8. An alteration was made in the road near Ebenezer Hager's, " beginning in the road as now occupied by land of John Bullen, and then running easterly as far as the path coming from William Upham's, and from thence into the road where it was formerly laid out. Mr.
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Hager promising the town that he would clear up the said new road at his own cost."
Nov. 22, 1756. A road at the southwest corner of the town, "begin- ning at the River between Hopkinton and Framingham at a small saxafax stand marked, thence on Elisha Bemis' land, to a small rock close to a small brook, then to an apple tree in said Bemis' fence, then as said Bemis' fence now stands till it comes to Thomas Pierce his land, and from thence to the west end of said Pierce's stone wall on the south side of said way, thence by the wall, then turning more northerly to a tree standing near Southborough line."
March 6, 1758. "Return of a highway from Sudbury line, by Cort. Eaton's to Framingham meeting-house ; beginning at Sudbury line, the fence on the east side of the trod way to be the bounds as far as said Eaton's Tan house, thence southeasterly to said Eaton's gate, and thence as the road is now trod through George Walkup's land, his fence to be the southeasterly and southerly bounds to Thomas Winch Jr. his lane, and thence as the said lane goes as far as to the place where old Mr. Streeter's house formerly stood, thence turning more southwesterly to the westerly fence of the lane in said Winch's land that leads over the bridge over the brook called Hop brook, the said fence to be the west boundary of said road so far; then the road to continue as it is now trod to the meeting-house : Provided Cort. Noah Eaton will give 16 days' work in making the fence on said Walkup's land when the road comes to be opened, which said Eaton con- sented to."
At a town meeting March 5, 1759, the town voted, " that the above named highway through George Walkup's and George Walkup Jr's land should be discontinued as an open way, but still reserving the town's ancient possession of the same as a Bridle way ; and that a committee be appointed to make proposals to Mr. George Walkup to accommodate the difficultys subsisting relating to the said way."
March 6, 1758. Return of a road from Saxonville to Lanham : "beginning at Stone's mills and running east of Hezekiah Stone's fence, then turning north and running towards Sudbury, as the way is now trod, having the lands of Hezekiah Stone and Micah Stone for the easterly bounds thereof till it comes to Moses Stone's land, said Stone's fence being the westerly bounds thereof till it comes to Sylvanus Hemenway's land, and thence to Sudbury line as the way is now trod to Lanham, said road to be two rods wide except between the orchard of the said Moses Stone and that belonging to the widow's thirds."
March 1, 1762. A bridle path, wide enough for carts, was early marked out and traveled, from near Otis F. Hastings' to the Adams
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place (now Charles W. Parker's), "for conveniency for traveling to mill." An attempt was made this year to have this path laid out as a public highway, but failed. And the path "from Capt. John Butler's corner at the foot of Rice's hill to the road leading from Daniel Adams' to Stone's mills, as it is now occupied," was made a town way.
March 1, 1762. Accepted "an alteration of the highway turning out of the County road a little west of Thomas Kendall's barn, and running to Stephen Jennings his house, as it is lately turned."
March 12, 1764. A town way was laid out, beginning at Jonathan Hemenway's house, thence running west to a pair of bars, thence by Ralph Hemenway's house, thence over a bridge and causeway, thence to the county road a little to the east of Ebenezer Boutwell's house.
Aug. 9, 1767. "A town way from the Nathan Goddard place, north to the Gibbs road : beginning at a large rock at the end of a stone wall on Marlborough road, now in possession of Joshua Fairbanks, thence southerly to Micah Gibbs' land, thence on said Gibbs' land and the widow Fairbanks' land to Mr. Brinley's land, then on wild land of said Brinley and John Mixer to land now improved by Joseph Nichols and John Eames; from thence to the county road leading by said Nichols, one-half on said Nichols', and one-half on said Eames' land." April 6, 1812, the town " Voted, that Solomon Fay have liberty to erect a gate on the above named road, during the town's pleasure."
March 7, 1768. "Road from Abraham Rice's southwest corner over the Common. From the corner of Abraham Rice's stone wall, thence near where the way is now occupied to or by the east end of William Merritt's dwelling-house, thence on the south side of his house, taking off a part of his garden, till we come to a corner of Jonathan Maynard's land, and Ebenezer Singletary's land, thence to near Daniel Claflin's house, thence to a large rock, thence to a corner bound of Col. Buckminster's and Job Burnam's; thence through un- divided land to Capt. Josiah Stone's land, a large rock on the north side, thence through Cornelius Claflin's land to land of John Clayes, Jr., and Joseph Nurse to a lot belonging either to Col. Buckminster of Col. Brinley's heirs, thence as the way is now trod through said lot, and no further." A continuation of this road, from Timothy Pike's westward, through George Stimpson's land to the river, meeting a road laid out by the town of Hopkinton, was laid out in 1774.
March 14, 1781. " Road from Simon Pratt's (by the well on the top of the hill south of Mrs. Badger's) to William Ballord's. Beginning at the highway west of Simon Pratt's house, thence southerly to a black oak north of Daniel Tomb's house, thence by marked trees to the corner of lot No. 14 River Range, then to the head of the lane near the house of Capt. William Ballord."
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Dec. 1795. "Road from Capt. Jones' mill to Nathan Dadmun's and the Common road. Beginning at the river below said Jones' mill, thence northerly over the waste-way to a large rock, thence through William Ballord's land, thence through wid. Dadmun's land, thence to a stake in Nathan Dadmun's land, thence through Lawson Nurse's land, thence to the corner of Nathan Dadmun's wall, thence by said Dadmun's house as the wall stands to the town road north of said house." In 1797 the town accepted an alteration of this road, beginning about sixty rods east of said Dadmun's house, at a rock on the east side of a road, thence running across his field and Lawson Nurse's land to the road leading to Capt. Jones' mill.
Sept. 11, 1797. The town chose a committee to oppose the laying out of a new county road from Jesse Haven's, running along near the south end of Farm pond, to Daniel Sanger's, near where the Central turnpike was afterwards located.
The Brinley Farm road. May 25, 1772, by vote of the town, Capt. Brinley was freed from paying highway taxes, on "condition that he puts the roads that have been privately occupied on his farm under as good circumstances, with bridges, gates and bars, as formerly ; and allow people to pass the same at all times freely." April 7, 1800, a similar vote was passed in relation to Joshua Fairbanks, who then occupied said farm. May 11, 1811, a town road was laid out from the house of Jason Brewer westerly, between land of Benj. S. Hemen- way and Lawson Buckminster, Jr., to a stake about four rods from the house of Joshua Fairbanks, said way to be two rods wide. Feb. 20, 1813, the selectmen laid out a private way for the use of said town only, "beginning at a point in the old road eleven rods and seventeen links west of the house of Enoch Belknap, thence running northerly (by distances and bearings) to the western boundary of a road leading from the house occupied by Joshua Fairbanks to the house lately occupied by Jason Brewer deceased."
Aug. 29, 1800. The town chose a committee to oppose the accept- ance of a road laid out by order of the Court of Sessions, through John Eaton's land.
Sept. 1, 1800. The town "voted, that Mr. Ebenezer Eaton have liberty to hang a gate on the road between his house and Mr. Hemen- way's during the town's pleasure ; the town not giving up the right to the soil." And Nov. 3, 1800, "voted, that Benj. Stone Hemenway have the liberty to hang a gate on the road leading from Ebenezer Eaton's to Mr. Cutting's, on the same conditions as Mr. Eaton's was hung."
March, 1794. "Voted to have a row of posts erected from the Great bridge the upper side of the causeway, to Mr. Eli Bullard's bark house ; and a foot-bridge convenient to pass with a hand pole."
CHAPTER VI.
WAR OF THE REVOLUTION. 1763-1783.
HE signs of the coming storm appeared on our horizon as early as the peace of 1763. Indeed the French and Indian wars, then brought to a close, were the prophecy and preparation for the impending struggle. The government of Great Britain discovered the ability of the Colonies to furnish men and means for their own defence, and led to the system of taxation which alienated the sympa- thies and confidence of the Colonies ; and the Colonists themselves discovered their strength and resources. And what was of especial moment, the Colonists discovered that the British generals sent over to direct military movements were aristocratic in their bearing, and incompetent as military leaders. They also discovered that their own chosen officers, after a short experience in war, were fully competent to plan and conduct important campaigns, and lead them to victory. They learned their own importance as factors and arbiters of their own destiny.
" These contests with the French and Indians taught them the art of war, developed a martial spirit, and so prepared them for the events which were before them. It is hardly saying too much to affirm that but for the French and Indian wars, the Revolutionary struggle could not have been prosecuted to a successful termination."
The setting up, at this juncture, of the claim of right to tax the Colonies, was peculiarly unfortunate and ill-timed. Our people had cheerfully borne the brunt of the exhaustive wars, and proved their devotion to the British crown. And it was natural to expect on the part of the British ministry, a spirit of appreciation of these services, and a readiness to respect the privileges and immunities of her subject citizens in America.
The disappointment and sense of injury on our part, at such arbitrary and unjust measures as were instituted by the Parliament, awakened suspicions and resistance, and nourished the spirit of independence.
Before the peace of 1763, the subject of taxation had been wisely
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let alone. The Colonies had been permitted to tax themselves, with- out the interference of the Parliament. But from and after this period, the ancient system was set aside, and a new and oppressive policy was adopted. The first Act, the avowed purpose of which was to raise a revenue from the Colonies, passed the Parliament Sept. 29, 1764. The preamble recited : "Whereas it is just and necessary that a revenue be raised in America, for defraying the expenses of defend- ing, protecting, and securing the same, We the Commons," etc. The Act then proceeds to lay a duty on "clayed sugar, indigo, coffee, etc., being the produce of a Colony not under the dominion of his Majesty." This preliminary measure was offensive to our people, not so much from its direct effects, as from its assertion of a principle which had been scarcely named in their colonial existence of one hundred and fifty years. Nor would this act alone have led to permanent disaffec- tion, had it not been followed by others still more oppressive.
The mother country asserted it " to be essential to the unity, and of course to the prosperity of the empire, that the British Parliament should have the right of taxation over every part of the royal domin- ions." The American Colonies asserted that " taxation and represen- tation were inseparable, and that they could not be safe, if their property might be taken from them without their consent." This claim of the right of taxation on the one side, and the denial of it on the other side, was the hinge on which the Revolution turned.
In accordance with the newly-adopted policy, the Parliament, in 1765, passed the famous Stamp Act, which ordained that all instruments of writing, such as deeds, bonds, notes, receipts, wills, etc., used among the Colonists, should be null and void, unless executed on stamped paper, for which a duty should be paid to the crown. This tax, while it was practically of small consequence to the farmers and mechanics, bore severely on men of business and officials. A ream of common blank bail bonds had usually been sold for £15 ; a ream of stamped bonds cost £100. A ream of stamped policies of insurance cost £190 ; a ream of common ones, without stamps, had cost £20.
When news of the passage of the Stamp Act reached this country, the Massachusetts Legislature earnestly remonstrated against its injustice ; and as a measure looking to ultimate resistance, recom- mended the meeting of a Colonial Congress at New York to consult for the general safety.
Framingham promptly enlisted in the struggle for the maintenance of colonial rights, and put on record her determination to support the colonial authorities ; and at a town meeting held October 21, 1765, adopted the following declaration and instructions to the representative in the General Court :
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"To Joseph Buckminster Esq. representative: . . . two essential Rights guaranteed by the English Constitution, are, I, Being rep- resented in the same body which exercises the power of levying Taxes, and 2, Trial by Jury ; these we take to be the pillars of that Constitu- tion. And by the Royal Charter granted to this Province, the power of making laws for our Internal Government, and of levying Taxes is vested in the General Assembly; and by the Charter the inhabitants of this Province are entitled to all the rights and privileges of natural freeborn subjects of Great Britain. It therefore appears to us that if this Act [The Stamp Act] takes effect, it deprives us of our essential Rights and Privileges.
" Therefore we instruct you to promote and readily join in such dutiful remonstrances & humble Petitions to the King and Parliament as have a direct tendency to obtain a repeal of the Stamp Act.
"We further instruct you, that you do not give your assent to any Act of Assembly that shall imply the willingness of your constituents to submit to any Taxes that are imposed any other way than by the Great and General Court of this Province.
"We further add, that you take care that money raised in this time of Distress and Trouble, in order to supply the Treasury, may not be used to any other purpose than what is intended by the Act for Supplying the Treasury; and as to other Affairs that shall come under consideration, we submit to your wisdom and prudence."
The Stamp Act went into operation on the first day of November. But on that day not a single sheet of all the bales of stamped blanks which had been sent from England, could be found in the Colonies of New England, New York, New Jersey, Pennsylvania, Maryland, Virginia and the two Carolinas. They had either been committed to the flames, had been reshipped to England, or were safely guarded by the opposition into whose hands they had fallen.
Business transactions, which required written contracts, were sus- pended. The Courts of Justice were shut; intended marriages were put off ; vessels were laid up; and curses loud and deep against the odious Act were the order of the day.
. It was at this time, and under the spur of this determined oppostion to Parliamentary exactions, that the associations known as " The Sons of Liberty," were organized in all the Colonies. This Order, which was destined to have a most important agency in the establishment of our Independence, had for its specific object the adoption of measures to thwart the Stamp Act, and concentrate the thought, and educate the people to prepare them for active resistance to arbitrary govern- ment, and at the same time to nourish an American sentiment which should develop home manufactures and build up a home interest.
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Local societies were everywhere formed, comprising both males and females, who pledged themselves to forego all the luxuries of life rather than be indebted to the commerce of England. It was agreed that sheep should not be killed for food, but kept for their wool. The acreage of flax sown was immensely increased ; and carding, spinning, weaving and dyeing, heretofore the business of the common classes, now became the fashionable employment of women of wealth ; and to be dressed in " home-spun," was alike the pride of both sexes, and was a passport to popular distinction. English manufacturers and artizans were deprived of profitable employment, and the warehouses of the merchants were filled with unsaleable goods.
Under the pressure of home and colonial influences, the Stamp Act was repealed. But the principle on which it was based was not yielded by Great Britain. And the ministry at once set about devising other measures of taxation, in the shape of duties upon imports into the Colonies. To meet this new turn, the people of Boston, always first to move in this juncture, assembled in town meeting, and resolved. that they would not import British manufactures or other merchan- dise on which duties were imposed. The Massachusetts Legislature took similar ground; and under the lead of Samuel Adams prepared and forwarded instructions to their agent in London, to be communi- cated to the ministry, in which they renew their former declarations, that Parliament had no right to tax the Colonies; and further declare that the creation of new crown officers, and the sending of a standing army to be quartered upon the people, were in fact introducing an absolute government into the Colony, which must lead to most dan- gerous consequences ; for they add significantly, "the laws of God and nature are invariable."
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