History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 189

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034

USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 189

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On the 13th of December, 1753, the above answer, together with the petition to which it relates, was re- ferred to the same committee to which had been re- ferred the above petition of Blood and others.

Another petition, signed by John Hartwell and forty-two others (all but twelve of whom were signers to the above petition of James Chandler and others), which had been read in the House on the 7th of De- cember, was referred to the same committee.

The petition of John Hartwell and others was an- tagonistic to the petition of Jonathan Blood and others, which they pray the General Court not to grant, for the reasons, as they allege, "your Petitioner, humbly Conceive is for No other end But to Defeat your Petitioners in their Proceedings in that affairs and Likewise we think that what they Petition for- is no ways sufficient to Carry on Such a work."

On the 14th of December the joint committee sub- mitted a written report, dated the 13th, in which they stated that they found "such an uneasiness and dis- agreement amongst the parties, that they reported it as their opinion that the petitions and answers be re- ferred to the next sitting of this Court, for further consideration unless the parties should before that time accommodate their difficulties among them- selves." This report was accepted, and the petitions, etc., were referred accordingly.

During the following winter and spring, until late in March, the joint committee appear to have had this businessstill in charge, endeavoring to bring about an agreement between the petitioners and remon- strants, and in the State archives there are preserved six different petitions and reports addressed to this committee during this period.

On the second day of the fourth session (March 28, 1754) the foregoing papers were read again in Council and referred to the same committee, on which were substituted two new names, because of the absence of two of the original committee, with orders to "hear the parties and report what they judge proper for this Court to do thereon as soon as may be."

The committee as thus changed completed their report on the 10th of April, and were of the "Opinion

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that the Prayer of the sª Petition of Jona Blood & others the Inhabitants of the Northly part of Concord be so far granted as that they be sett off and made a separate District," by certain bounds named in their report, which are nearly identical with those named in the petition of said Jonathan Blood, and included Blood's Farm, so called.

On the 11th this report was accepted and an order was passed by both branches in concurrence, "that the petitioners have liberty to bring in a bill " ac- cordingly. On the 12th the following bill, which made the First District of Carlisle, was read twice and passed to be engrossed in Council, and sent down to the House for concurrence, where it had its first, and second reading the same day, and on the 13th was passed in concurrence, to be engrossed with two amendments which were concurred in by the Council.

On the 16th it was passed to be enacted, and was consented to hy William Shirley, Governor, April 19, 1754.

The following is the act as finally passed :

"An act for dividing the town of Concord and making a district of the northerly part thereof by the name of Carlisle.

" Whereas, the iohabitanta of the northerly part of the town of Coo- cord, by reason of their being remote from the place of the publick worship of God, have petitioned this court to be set off a separate district.

" Be it enacted by the Governour, Council and House of Representa- tivea [Sect. 1] that the northerly part of the town of Concord within the following bounds, viz., beginning at Concord River, at the biouth of Ralph'a Brook, so called, and ruoniog westerly to a white-oak tree, on or by the highway on the easterly side of Hunt's Hill, otherwise called Gravel Hill ; thence still westerly to a heap of stones by the wall in the highway, about four rods oortherly of Daniel Cole's barn, aod 80 ex- tending on a streight line to a way a little westerly of Richard Teol- ple's bonse, and then running northerly, hy said way which leads toward Acton Line, till it comes to Beojamio Temple's laod ; theoce running to Acton line, so as to teke ioto the new district the said Beoja- min Temple'a land, and from theace, bounded on Acton and Billerica, notill it comes to Concord River, taking io Blood's Farm, so called ; and theo oo Concord River to where the line first began, be and herehy is set off from the said town of Concord, aod erected into a separate dis- trict by the name of Carlisle ; and that the inhabitants thereof do the duties that are required, and he vested with all the powers, priviledges and immunitiea which the inhabitants of any town witbio this province do, or by law ought to, enjoy, excepting oaly the privilege of chusing a representative to represent them in the great and general court, chusing of whom the inhabitants of said district shall join with the inhabitants of the towo of Concord, as they have heretofore done, and also io paying said representative ; and that the town of Concord, as often as they shall call a meeting for the choice of a representative, shall give seasonable notice to the clerk of said district for the time being of the time and place of said meeting, to the end that the said district may joyo them thereio ; and the clerk of said district shall set np, in some publick place io said district, a notification thereof accordingly, provided, nevertheless, the said district shall pay their proportionable part of all such towo, county, parish and province chargea as are already assessed, in like manoer as though this act had never been made.

"Aod be it further enacted,

" [Sect 2] That the inhabitants of the said district shall, from time to time, forever hereafter, pay their proportionable part of the charge of keep- ing io good repair the great North Bridge, so called, over Concord River ; and that James Minot, Esq., is hereby iaipowered to issue bis warraot,

¿ directed to some principal inhabitant io said district, requiring him to warn the inhabitants of said district, qualified by law to vote in town af- fairs, to meet at such time and place as shall be therein set forth, to chuse all such officers as shall be necessary to manage the affairs of said district."

Now the petitioners have succeeded in getting their request granted, and a vexatious problem of

over twenty years' standing has been finally, and we may suppose amicably, settled. The district of Car- lisle is established, as far as action by the General Court is concerned, and a glance over the proceed- ings of the past would justify the assertion iu con- sideration of the number of petitions and remon- strances presented to this body, the multiplicity of which tended to show the great diversity of opinion in the minds of the people living within the bounds of the district, that the question was one requiring discretion and wisdom, as well as patience, to be ex- ercised in its adjustment.

The warrant mentioned in the foregoing act was granted and read as follows:

" These are, therefore, in his majestyes Name to Require mr. Joha Green, au inhabitant in sª District, to ward all the Inhabitants of the said District, qualified by Law to vote in Towo affairs, to meet at the Dwelling House of mr. Joseph Adams in sd District, on Friday, the third Day of may next, at one of the Clock in the after noon, in order to transact the affairs above mentioned, &c.

"Here of Fail oot. Given under my hand' and Seal, at concord, April ye 26, and in Twenty-Seventh year of his majestys Raign, Anno Domini 1754.

" JAMES MINOTT, Just. of Pacis."

The warrant as returned at the time and place of meeting hears the following endorsement :

" Middilsex SS., May 3th, 1754., In observance of this warrant I have warded and Giveen Notice to all the ratable inhabitance Liveing io Car- lisle to meett at the tim and Place within mentioned.

"JOHN GREEN."

The house of Joseph Adams, where this first town- meeting was held, it will he noted, was the same place at which Jonathan Blood, John Parlin and twenty-six others, inhabitants of the northerly part of Concord, had subscribed to an agreement to sup- port meetings for public worship, as early as 1732, and is still in existence, although having been some- what remodeled within a few years, being the same premises lately owned by the Amos Melvin heirs, and more recently conveyed to Mr. Willard White, and is located in Concord, a few rods beyond the present limits of Carlisle, on the main road from Car- lisle to Concord.

The meeting organized by the choice of Jonathan Puffer for moderator, and elected the following offi- cers for the ensuing year, viz. : District Clerk, John Hartwell ; Selectmen, John Hartwell, John Green, Joseph Adams, Jonathan Puffer and William Fletcher; Constables, Ephraim Farrar and John Blood, Jr .; Treasurer, Deacon Ephraim Brown ; Tithingman, Daniel Raymond ; Surveyors of Highways, Thomas Hodgman and Ephraim Melvin; Fence-viewers, Jo- siah Hodgman, and David Melvin ; Hog-reeves, John Hodgman, Samuel Laughton, Jr., Benjamin Ball and Jonathan Palmer .; Deer Officers, Jonathan Farrar and Robert Melvin; Sealer of Leather, Thomas Davis.

This was the first of a series of twenty district meetings which occurred consecutively in a little less than two and a-half years, all of which were warned by the constable serving notice personally, and were held at private residences in various parts of the dis-

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

trict, wherever convenience and justice to the voters, as regards distance to be traveled, should from time to time indicate.

The second meeting was held at the house of Mr. John Green, in the easterly part of the district, Tues- day, May 21st, eighteen days after the former meeting, and the first article in the warrant was as follows :

" To see what method they will comin to to Perfix a Place to set a meetting House for the Publick wor- ship of God a monngs us, etc." The above article may be considered as indicative of what appeared in most of the succeeding warrants ; for of the twenty meetings referred to above, the warrants for seventeen of the number called for action in some shape relative to locating a place for building a house for public worship.

The prominent idea appeared to be to locate the spot as near the centre of the district as possible, and several surveys of the district were made to determine this location.

Various places were selected by as many different parties as being proper places for erecting the build- ing, and district meetings were called for the consid- eration of each one of these locations, the more prom- inent of which were as follows : "The Easterly cor- ner of Dea. Ephraim Brown's land, near Capt. Abi- jah Brown's paster, Lieut. Jonathan Buttrick's plain and Poplar Hill." On the two latter-named locations the district voted to build, and went so far as to pre- pare a part of the timber and have it teamed to the location on Poplar Hill, which location is situated on an elevation at the right of what is known at the present day as the old Concord road, and near what was formerly known as the Estabrook place, but which, at the present time, is used only for the pur- pose of pasturing cattle, and is only distinguished by the ruins of what was formerly the cellar, no building having covered the same for many years past. This timber was never used, but, tradition informs us, was allowed to lie on the spot until it decayed.

Since the district had thus far been unsuccessful within themselves in deciding upon a satisfactory lo- catiou for building the meeting-house, it was voted at a district meeting held Wednesday, October 30, 1754, at the house of William Fletcher, "that they will chuse a commeette out of Town to view the District and perfix a Place for us to build a meeting-House for the Publick worship of God amonngs us." This committee consisted of three members, as follows : Lientenant John Varnum, of Dracut; Lieutenant Jonas Prescott, of Westford, and Lieutenant Samuel Dakin, of Sudbury; said committee came on to the ground and performed their duty, for which they were paid the aggregate amount of two pounds and eigh- teen shillings.

At the very next district meeting, held at the house of Mr. James Russell on Wednesday, January 1, 1755, the warrant contained but one article, which was as follows :

"To see whether the District will, hy ther vote, Exsept of the Place to build a meeting-House for the Publick worship of God amongs us, which the com- mittee chosen by us has Perfixt for that end," etc., which, when put to vote, was passed in the negative.

Next occurred the second annual district meeting, held March 3, 1755, at which the following officers were elected for the ensuing year : District Clerk, John Hartwell; Selectmen, John Hartwell, Jonathan Puffer and John Green; Constables, Timothy Wil- kins and Daniel Raymond ; Treasurer, Deacon Eph- raim Brown; Surveyors of Highways, Simon Blood and Simon Hartwell ; Fence-viewers, John Barrett and Jacob Farrar ; Tithingman, Joseph Adams ; Hog- reeves, Abraham Temple, John Parlin, Jr., Benjamin Hodgman and Ezra Blood; Sealer of Leather, Thomas Davis.

After holding several more district meetings and trying in vain to settle the disputed question among themselves of locating a place for a meeting-house, a meeting was finally called at the house of John Hart- well for Tuesday, July 29, 1755, and in the warrant for said meeting the third article to be acted upon was as follows :

" To See if the District will chouse a commeette to Petition the great and General Court to Send up a commeettee to Perfix a Place for us to build a meet- ting House on, etc."

Action on the above article resulted in choosing a committee of five residents of the district and instruct- ing them to petition the General Court as above. If this petition was ever presented, the town records do not show that the General Court ever sent the com- mittee petitioned for, and the records of the next dis- trict meeting-held Tuesday, January 27, 1756, nearly six months later-would indicate that nothing had been done in the mean time, for on this date the dis- triet voted that " they will build a meeting-House for the Publick worship amongs us, and that the district will Perfix a Place for to build a meetting-House on," which latter duty was referred to the next meeting, which was held February 3, 1756, at the " house of Jonathan Hodgman, which was Capt. Eleazer Mel- vin's." Here it was voted that "the District will Build a meetting-House on Capt. Jonathan Buttrick's Plain, about ten Rods southerly from a stake set up By Simon Davis and others." A committee of five were chosen to attend to the building, and were " Di- rected to Provid timber for a House about as Large as Stow meeting-House is."

The next district meeting was held at the house of Ephraim Melvin, Monday, March I, 1756; the first article in the warrant to be acted on was : "To Chuse Necessary District officers For the year ensuing." Jon- athan Puffer, whom it will be remembered was moder- atorat the first district meeting, was elected to the same office at this their third and last annual meeting for choice of officers. The following is the list of officers elected : District Clerk, Benjamin Brown ; Selectmen,

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CARLISLE.

Benjamin Brown, William Fletcher and John Green ; Constables, John Melvin and John Green ; District Treasurer, Deacon Ephraim Brown ; Surveyors of Highways, Jacob Farrar and Thomas Brown, Jr. ; Fence-viewers, Oliver Farrar and Jonathan Harris ; Tithingmen, Samuel Heald and John Barrett; Hog- reeves, John Parlin, John Laughton, Ephraim Smith and Jonathan Buttrick ; Sealer of Leather, Thomas Davis : Deer-reef, Jonathan Farrar.

At this meeting it was voted to raise the sum of fifty pounds, lawful money, toward defraying the cost of building a house for public worship; also a com- mittee of three were chosen to purchase two acres of land of Captain Jonathan Buttrick to build a meeting- house on. Whether this land was purchased or not does not appear, but another district meeting was held at the house of Thomas Davis, inn-holder, Tuesday, April 6th, following, at which the following vote was passed, viz. :

" Voted on the Third Article and chose Major John Jones, Esq., of Hopkinton, Colonel William Lawrence, Esq., of Groton, and Major Ephraim Curtis, Esq., of Sudbury, a Committee to view All Circumstances of the District and Prefix a place for Seting up a house for the Publick worship." Also a committee of four residents of the district were chosen to entertain, instruct and assist the latter- named committee.

The committee, having completed their undertaking, made a report to the district, which was accepted at a meeting held at the house of Thomas Davis, inn- holder, Thursday, June 24, 1756. The report was as follows :

" CARLISLE, June 2, 1756.

" Pursuant to a vote of the District of Carlisle of the 28th of April last, aod at the Request of a Committee dnly appointed by the ed District of Carlisle, we, the subscribers, have met at sd District and viewed the whole of sd District in order to find out the most Convenient Place to Put a House for the Publick worship of God, And to consider all the circumstances of said District, which we have Done and beard all Parties concerned and Duly Considered their Pleas and allegations with the cir- cumstances, And are of oppioivo that the most convenient Place to Set a House for the Publick worship of God in Said District is South 41 Degrees West twenty six poles to a Black oak tree from a heep of stones on a Hill Called Poplar Hill and From the Centre of Angles which is our Judge- ment, -All which we Humbly Submitt."

" JOHN JONES, - WILLIAM LAURENCE, Committee." EPHRAIM CURTIS,

At the same meeting it was "voted and agreed to Purchase two acres of Land (in a convenient form) at the Place Prefixed for Setting up a House for the Public Worship." And a committee of three were chosen to carry out the provisions of said vote.

While a sufficient number of the inhabitants of the district favored the plan as set forth above, to vote its acceptance, a feeling of dissatisfaction and discouragement seems to have pervaded others, for a petition bearing date the same as that of the meeting last called was presented to the selectmen, and by them disregarded, which resulted in its being finally placed in the hands of a justice of the peace, who

caused action by the district to be taken upon it. The petition was as follows :

" To the Selectmen of the District of Carlisle, Gentn :

" We the Subscribers being Sencible of the Great Difficulties we Labour under and the Great Hardships we are unavoidably Exposed to if we are oblig'd under Such Circumstances as we are in at Present to Build a meeting-House & Settle a minister & Pay for highways that will be Nessesary to accommodate the Iohabitants if we Proceed according to the Design of being Set off, the Situation of the District being Such that but a Small Part of the Inhabitants Can be much better accommodated to the Publick worship in any Place that has been Proposed than they are to the Towo of Concord.

" Therefore Gent" We Desire that you would Call a meeting of the Dis- triet as soon as Can or may be to See if the District will agree by their vote to Petition the General Court that Sd District may be Set back to the Town of Concord with all our Former Priviledges, and Chose a Commit- tee for that Purpose.

CARLISLE, June 24, 1756.

" EPHRAIM MELVIN,

JONATHAN HARRIS, .

DAVID WHITTAKER,

JOHN LAUGHTON,

PHINEAS BLOOD,

EPHRAIM STOW,

ABRAHAM TEMPLE,

SAMUEL LAUGHTON,

EPHRAIM WHITTAKER,

JONATHAN PUFFER, SAMUEL BUTTRICK, JR."

In response to the above petition, the following pro- ceedings explain themselves :

" Middlesex, ss. To Mr. Ephraim Farrar, one of the Constables for the District of Carlisle in Said County greeting :

" Whereas Complaint hath been made to me, Thos Whiting Eagr, one of his Majesties Justices of the Peace for Said County by Ephraim Melvin and others, Inhabitants of Said District of Carlisle, that a meeting of Said District is Necessary and that their Request thereof bath heen Laid be- tore the Selectmen for said District : Who unreasonably Refuse to Call a meet.ng of Said Inhabitants of Carlisle aforesd, which Refusal having been made appear to me.

" You are therefore hereby Required In his Majesties Name SEAL. to give Notice to all the ratahle Inhabitants of Said Carlisle to meet at the Dwelling House of Mr. David Whittaker in Said Carlisle on Wedoesday, the Fourteenth Day of July Currant, at Four of the clock in the after Noon to Consider and act on the Following ar- ticles vizt

" 1 To Chuse a moderator For Said Meeting.

" 2ndly To See if the District will agree by their vote to Petition the great and General Court to be Laid back to the Town of Concord with all their Former Preveledges, & Chuse a Committee For that Purpose.

" Aud make Return of this warrant to the Clerk of Said District or Some one of the Selectmen for Said District on or before the afore Said Fourteenth Day of July with your Doings therein ; here of Fail not as yon will answer your Neglect at the Perel of the Law in that Case Pro- vided. Given noder my hand and Seal at Concord the Seventh Day of July in ye 30th year of his majesties Reign Anoque Domini-1756.

" THOR WHITING, Je ; of Ps."

The meeting was held at the time and place named in the foregoing warrant. Jonathan Puffer was chosen moderator, and the action taken upon the second article, is recorded as follows :

"Voted, That They will Petition the great and Gen- eral Court that the whole of the District of Carlisle be Returned Back to the Town of Concord with all their Former Privileges. And, also, that None of the In- habitants be Set off again into a Separate Town, District or Precinct, Excepting Such as Shall here- after Sign a Petition to the great and General Court to be set off.

" Mr. William Fletcher enterd his Decent against th abov 8ª vote.

" Voted that Mess™". John Barrett, Jonathan Puffer and Dan" Raymond be a Committee to Petition the

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

great and general Court For the Purposes above men- tioned."

Two 'district meetings were successively called upon a special petition of John Hartwell and others, the first for Monday, July 26th, and the second for Mon- day, August 9, 1756, in the warrant for each of which the following article appeared, which seems at least to have been one of absorbing interest to a part of the inhabitants, viz., " To See af the District will agree to Dismiss the Committee that was Chosen at a meeting at M'. David Whittaker's, for to Petition the great and General Court to be Laid back to the Town of Concord." On each occasion the consideration of the article resulted in the district passing a vote in the negative, and the committee chosen for the purpose presented their petition to the General Court, where it was first read and considered August 12, 1756, and notice thereof was ordered to be served on the town of Concord, returnable on the first Tuesday of the next October session.

Accordingly on the return day the inhabitants of Concord, having voted in the mean time (September 28th, at a general town-meeting, duly warned for the purpose), " first not to choose a committee to oppose this petition, and second that they would receive the district back agreeable to their petition," the follow- ing order was passed :--

" In Council, October 6, 1756, Read again, and it appearing that the Petra had served the Town of Concord with a Copy of the Petr who have made no answer to the same, Therefore Ordered, that the Prayer of the Petition be granted and that the Inhabitants of the District of Car- lisle, together with their Estates, be annexed to the Town of Concord, agreeable to their Pet", there to do duty and enjoy Priviledge accord- ingly.

" Sent down for Conenrrance. THOS. CLARKE, Dpty. Secry. " In the House of Repves, Octr 6, 1756. Read and Concur'd. Allts. " ROLAND COTTON, Cler Pro Tempe. S. PHIPS."

"Consented to.

A difficulty was now encountered in the extinct district, which called again for the interposition of the Legislature. While the district no longer had an ex- istence as a responsible corporation, there were a number of individual claims against it which de- manded settlement, and in order that this might be accomplished, application was made to the Legisla- ture, which resulted in an order being passed January 11, 1757, granting the assessors, constables and district treasurer, chosen at the last annual meeting for choice of district officers, to make all the necessary assess- ment collections and payments within the limits of the late district as would be required to make full settlement of all just claims against the same.

Thus the affairs were finally settled, and the moth- er town of Concord, like the parent of the " prodigal son," gladly received back to herself her penitent offspring.

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 189

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1890 Publisher: Philadelphia, J. W. Lewis & co Number of Pages: 1034

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034