USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 6
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The Court of General Sessions of the Peace, which was established in 1692, remained without material change during the Provincial period, and up to June 19, 1807, when an act was passed providing that it should consist of one chief justice and a specified number of associates for the several counties, to be appointed by the Governor. These justices were to act as the General Court of Sessions instead of the justices of the peace in each county. On the 19th of June, 1809, the juris- diction of the General Court of Sessions was trans- ferred to the Court of Common Pleas, and, on the 25th of June, 1811, a law was passed providing "that from and after the first day of December next an act made and passed the 19th of June, entitled 'an Act to transfer the powers and duties of the Courts of Sessions to the Courts of Common Pleas,' be and the same is hereby repealed, and that all acts or parts of acts relative to the Courts of Sessions which were in force at the time the act was in force which is hereby repealed, be and the same are hereby revived from and after the said first day of September next."
Again, on the 28th of February, 1814, it was enacted that the act of June 25, 1811, reviving the Courts of Sessions, be repealed except so far as it relates to the counties of Suffolk, Nantucket and Dukes County, and that all petitions, recognizances, warrants, orders,
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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.
certificates, reports and processes made to, taken from, or continued or returnable to the Court of Sessions in the several counties, except as aforesaid, shall be returnable to and proceeded in and determined by the respective Circuit Courts of Common Pleas, which were established, as above mentioned, June 21, 1811. The act containing the above provision also provided "that from and after the first day of June next the Circuit Courts of Common Pleas shall have, exercise and perform all powers, authorities and duties which the respective Courts of Sessions have, before the pas- sage of this act, exercised and performed, except in the counties of Suffolk, Nantucket and Dukes County, and that the Governor, by and with the advice of the Council, be authorized to appoint two persons in each county, who shall be session justices of the Circuit Court of Common Pleas in their respective counties, and sit with the justices of said Circuit Court in the administration of the affairs of the county and of all matters within said county of which the Courts of Sessions had cognizance."
The administration of county matters was in the hands of the Circuit Court of Common Pleas until February 20, 1819, when an act was passed repealing the act which transferred the powers and duties of the Courts of Sessions to that court, and providing that " from and after the first day of June next the Court of Sessions in the several counties shall be held by one chief justice and two associates, to be ap- pointed by the Governor, with the advice and consent of the Council, who shall have all the powers, rights and privileges, and be subject to all the duties which are now vested in the Circuit Courts of Common Pleas relative to the erection and repair of jails and other county buildings, the allowance and settlement of county accounts, the estimate, apportionment and issuing warrants for assessing county taxes, granting licenses, laying out, altering and discontinuing high- ways, and appointing committees and ordering juries for that purpose."
The Court of Sessions continued as above described until March 4, 1826, when the jurisdiction over high- ways was vested by law in a board of "Commissioners of Highways." The act providing for this board enacted " that for each county in the Commonwealth, except the counties of Suffolk and Nantucket, there shall be appointed and commissioned by His Excel- lency the Governor, by and with the advice and con- sent of the Council, to hold their offices for five years, unless removed by the Governor and Council, five commissioners of highways, except in the counties of Dukes and Barnstable, in which there shall be ap- pointed only three, who shall be inhabitants of such county, one of whom shall be designated as chairman by his commission." The proceedings of the com- mission were to be reported to the Court of Sessions for record, and that court was to draw its warrant on the county treasurer for expenses incurred in the con- struction of roads laid out by the commissioners.
Such was the condition of county affairs until the 26th of February, 1828, when a law was passed pro- viding "that the Act entitled ' An Act to establish Courts of Sessions, passed February 20, 1819;' also an Act in addition thereto passed February 21, 1820 ; also an Act entitled ' An Act increasing the numbers and extending the powers of Justices of the Courts of Sessions,' passed February 6, 1822 ; also an Act enti- tled 'An Act in addition to an Act directing the method of laying out highways,' passed March 4, 1826, be and the same are hereby repealed." It pro- vided for the appointment by the Governor of four persons to be county commissioners for each of the counties of Essex, Middlesex, Norfolk and Worcester, and three persons to be county commissioners for each of the other counties of the Commonwealth, except the county of Suffolk ; that the clerks of the Courts of Common Pleas within the several counties should be the clerks of the commissioners, and that for each of the counties except Suffolk, Middlesex, Essex, Wor- cester, Norfolk and Nantucket, two persons should be appointed to act as special commissioners.
The first meeting of the Board of County Commis- sioners appointed under the above act was held May 13, 1828, and the board consisted of Caleh Butler, Augustus Tower, Benjamin F. Varnum and David Townsend. In 1831 Abner Wheeler was appointed in the place of Mr. Varnum, and no other change oc- curred on the board while the appointment of its members rested with the Governor and Council.
On the 8th of April, 1835, a law was passed pro- viding that in every county except Suffolk and Nan- tucket the Judge of Probate, Register of Probate and clerk of the Common Pleas Court should be a board of examiners, and that on the first Monday of May in the year 1835, and on the first Monday of April in ev- ery third year thereafter, the people should cast their votes for three county commissioners and two special commissioners. This law remained in force until 1854. Under its operation the board consisted of the following members, chosen in the years set against their respective names : 1835, Caleb Butler, David Townsend, Abner Wheeler ; 1838, Caleb Butler, Ab- ner Wheeler, Timothy Fletcher ; 1841, Leonard M. Parker, Timothy Fletcher, Seth Davis; 1844, Josiah Adams, Timothy Fletcher, Josiah B. French; and Ebenezer Barker was chosen in 1845 to fill a vacancy ; 1847, Josiah Adams, Ebenezer Barker, Joshua Swan ; 1850, Daniel S. Richardson, Ebenezer Barker, Leonard Huntress ; 1853, Leonard Huntress, Daniel S. Rich- ardson, John K. Going,
On the 11th of March, 1854, the law in force at the present time was passed, providing that the county commissioners then in office in the several counties, except Suffolk and Nantucket, should be divided into three classes-the first class holding office until the next annual election for Governor-the second class until election day in 1855, and the third class until election day in 1856, the commissioners then in office
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determining by lot to which class each should belong, and that at each annual election thereafter one com- missioner be chosen for three years. The commis- sioners since that time have been the following: Leonard Huutress, John K. Going, Paul H. Sweetser, Edward J. Collins, J. H. Waitt, Harrison Harwood, Daniel G. Walton, J. Henry Reed, William S. Frost, Alphonzo M. Lunt and Samuel O. Upham.
The commissioners of Middlesex County include within their jurisdiction Chelsea, North Chelsea and Winthrop, which belong to Suffolk County. Chelsea and North Chelsea were placed under their jurisdic- tion by an act passed May 3, 1850, and when Win- throp was set off from North Chelsea, March 27, 1852, it continued within its old jurisdiction. It was pro- vided by law, April 30, 1852, that for expenses appli- cable to those towns they should pay in such propor- tions as the commissioners should decide.
The Circuit Court of Common Pleas, which was es- tablished June 21, 1811, was abolished on the 14th of February, 1821. The justices of this court, during its continuance, for the middle circuit, consisting of Suf- folk, Middlesex and Essex Counties, were Samuel Dana, chief justice ; William Wetmore and Stephen Minot, associate justices. The first session of this court was held at Cambridge December 16, 1811, and its last at Concord, June 11, 1821. The Court of Common Pleas was established at the above date with a chief justice and three associate justices, and the first session in Middlesex County was held at Cam- bridge September 10, 1821. On the 1st of March, 1843, the number of associates was increased to four, on the 18th of March, 1845, to six, and on the 24th of May, 1851, to seven. This court continued until the establishment of the present Superior Court, by a law passed April 5, 1859. During its continuance the following judges sat upon the bench :
Artemas Ward, 1821 to 1839 (chief justice 1821) ; Solomon Strong, 1821 to 1842; John Masou Williams, 1821 to 1844 (chief justice 1839) ; Samnel Howe, 1821 to 1828; David Cummins, 1828 to 1841; Charles Henry Warren, 1839 to 1844 ; Charlee Allen, 1842 to 1844 ; Pliny Mer- rick, 1843 to 1848 ; Daniel Wells, 1844 to 1854 (chief justice 1844) ; Joshna Holyoke Ward, 1844 to 1848 ; Emory Washburo, 1844 to 1847 ; Luther Stearns Cushing, 1844 to 1848 ; Harrison Gray Otis Colby, 1845 to 1847 ; Charles Edward Forbes, 1847 to 1848 ; Edward Mellen, 1847 to 1859 (chief justice 1854) ; Georgo Tyler Bigelow, 1848 to 1850 ; Jonathan Coggswell Perkins, 1848 to 1859; Horatio Byington, 1848 to 1856; Thomas Hopkinson, 1848 to 1849; Ebenezer Rockwood Hoar, 1849 to 1853 ; Pliny Merrick, 1850 to 1854 ; Heury Walker Bishop, 1851 to 1859 ; George Nixon Briggs, 1853 to 1869 ; George Partridge Sanger, 1854 to 1859 ; Henry Morris, 1855 te 1859 ; David Aikin, 1856 to 1859.
Of these, Edward Mellen, George T. Bigelow, Thomas Hopkinson and Ebenezer Rockwood Hoar were Middlesex men.
On the 5th of April, 1859, the Superior Court was established as the successor of the Court of Common Pleas, with ten justices, which number was increased, May 19, 1875, to eleven, and February 27, 1888, to fourteen. The justices of this court have been as fol- lows :
Charles Allen, 1850 to 1867 (chief justice 1859) ; Julius Rockwell,
1859 to 1886 ; Otis Phillips Lord, 1859 to 1875 ; Marcus Morton, Jr., 1859 to 1869; Seth Ames, 1859 to 1869 (chief justice 1867) ; Ezra Wilkinson, 1859 to 1882 ; Henry Vose, 1859 to 1869 ; Thomas Russell, 1859 to 1867 ; Johu Phelps Putnam, 1859 to 1882; Lincoln Flagg Brigham, 1859 (chief justice 1860 to 1890) ; Chester I. Reed, 1867 to 1871 ; Charles Devens, Jr., IS67 to 1873, Henry Austin Scudder, 1869 to 1872 ; Francis Henshaw Dewey, 1869 to 1881 ; Robert Carter Pitman, 1869; Johu William Bacon, 1871 to 1885; Williams Allen, 1872 to 1881 ; Peleg Emory Aldrich, 1873 ; Waldo Colburn, 1875 to 1882; Wm. Sewall Gardner, 1875 to 1885; Hamilton Barclay Staples, 1881 ; Marcus Perrin Knowlton, 1881 to 1887 ; C. Blodgett, 1882; A. Mason, 1882 (chief justice 1890) ; J. Madison Barker, 1882 ; Charlee P. Thompson, 1885 ; John Wilkes HaDi- mond, 1886; Justin Dewey, 1886; Edgar J. Sherman, 1887; Joha Lathrop, 1888 ; James R. Duubar, 1888 ; Robert R. Bishop, 1888.
Of these, Seth Ames, Charles Devens, Jr., John William Bacon, John W. Hammond, Wm. Sewall Gardner and Robert R. Bishop were Middlesex men.
During the Colonial period under the charter, Pro- bate matters as has been stated, were in the hands of the County Court. During the presidency of Dudley he assumed Probate jurisdiction hut delegated it in some of the counties to judges of Probate whom he appointed. During the administration of Andros the settlement of estates exceeding fifty pounds he per- sonally directed, delegating others to judges of his ap- pointment. After the deposition of Andros the colonial method was resumed, and continued until the union of the Colonies, in 1692. Though the Provincial charter conferred the jurisdiction of Probate affairs on the Governor and Council, they claimed and exer- cised the right to delegate their powers to judges and registers of Probate in the several counties. There was no regular Probate Court established by law until March 12, 1784, when it was provided that a judge and register should be appointed by the Governor and Council. Under an amendment of the Constitu- tion ratified by the people on the 23d of May, 1855, it was provided that at the annual election in 1856, and in every fifth year thereafter, the register should be chosen by the people for a term of five years. The judge remained as the appointee of the Governor. In 1856 a Court of Insolvency in each county was estab- lished by law, with a judge and register, and in 1858 the judge and register of this court were abolished, as well as the judge and register of Probate, and the offices of judge and register of Probate and Insol- vency were created. In the same year, 1858, it was provided that the register of Probate and Insolvency should be chosen at the annual electiou in that year and every fifth year afterwards for a term of five years.
The following persons have filled the offices of judge and register of Probate, judge and register of Insolvency, and judge and register of Probate and Insolvency since the union of the Colonies, in 1692 :
Judges of Probate .- James Ruesell, appointed June 18, 1692 ; John Leverett, appointed Oct. 23, 1702 ; Francis Foxcroft, appointed July 8, 1708 ; Jonathan Remington, appointed Sept. 30, 1725 ; Samuel Danforth, appointed Dec. 20, 1745 ; John Winthrop, appointed Sept. 6, 1775 ; Oliver Prescott, appointed about July, 1779 ; James Prescott, sppointed Feb. I, 1805 ; Samuel Phillips, Prescott Fay, appointed May 9, 1821 ; William Adams Richardson, appointed April 7, 1866, and held until July 1, 1858 ; Luther J. Fletcher, appointed judge of Insolvency 1857; William Adams Richardson, appointed judge of Probate and Insolvency May
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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.
13, 1858, to take office July 1, 1858 ; George M. Brooks, appointed judge of Probate and Insolvency, 1872.
Registers of Probate .- Samuel Phipps, appointed June 18, 1692 ; Thomas Swan, appointed Oct. 23, 1702 ; Nicholas Fessenden, appointed Sept. 15, 1705 ; Daniel Foxcroft, appointed Dec. 28, 1709 ; Thomae Foxcroft, &p- pointed Dec. 9, 1715 ; Francie Foxcroft, appointed July 3, 1729 ; Samuel Danforth, appointed July 9, 1731 ; Andrew Boardmen, nppointed Dec. 20, 1745 ; Andrew Boardman, Jr. (appointed special register on doath of his father), 1769 ; William Kneeland, appointed May 29, 1769 ; James Winthrop, appointed Sept 6, 1775 ; James Foster, appointed May 26, 1817 ; Isaac Fiske, appointed Oct. 29, 1817.
Registers of Insolvency .- Alonzo V. Lynde, appointed July 1, 1851 ; Alfred A. Prescott, appointed March 10, 1853; Joseph H. Tyler, ap- pointed register of Insolvency 1856; Joseph II. Tyler, appointed regie- ter of Probate and Insolvency Nov., 1858; Teaac F. Jones, appointed assistant register of Probate and Ineolvency January, 1859; Samnel H. Folsom, appointed assistant register of Probate and Insolvency 1877.
During the period of the Colony the officer corre- sponding to the sheriff of later times was called mar- shal. The names of the marshals of the Colony have already been given. Since the charter creating the Province of Massachusetts Bay the sheriff's of the county have been the following :
Sheriff's .- Timothy Phillips, appointed 1692; Samuel Gookin, ap- pointed 1702; Edmund Goffe, appointed 1715 ; Samuel Gookin, ap- pointed 1728 ; Samuel Dummer, appointed 1729 ; Richard Foster, Jr., appointed 1731; Richard Foster, appointed 1761 ; David Phipps, &p- pointed 1764; James Prescott, appointed 1779; Loammi Baldwin, ap- pointed 1781 ; Joseph Hosmer, appointed 1794 ; William Hildreth, ap- pointed 1808 ; Nathaniel Austin, Jr., appointed 1813 ; Benjamin F. Var num, appointed 1831 ; Samuel Chandler, appointed 1841 ; Fisher A. Hildreth, appointed 1851 ; John S. Keyes, appointed 1853.
Under the nineteenth article of amendments to the Constitution, ratified in 1855, a law was passed in 1856 providing that at the annual election in that year, and in every third year thereafter, a sheriff should be chosen in each county by the people. Under that law the following sheriffs have been chosen :
John S. Keyes, 1856 ; Charlee Kimhall, 1859, '62, '65, '68, '71, '74, '77 ; Ebenezer W. Fiske, 1880 ; Henry G. Coching, 1883, '86, '89.
Up to the year 1654 the treasurer of the Colony acted as treasurer for the county. In that year, and by renewal in 1692, a law was passed providing that in each county a treasurer should be annually chosen by the people. A similar law remained in force until 1855. The following treasurers have held office in Middlesex County :
Thomas Danforth, until 1657 ; Edward Goffe, until 1658; John Sted- man, until 1683 ; Samuel Andrew, until 1700 (except during the edmin- istration of Androe) ; Ebenezer Bridge, until 1807; John L. Tuttle, until 1813; John Keyes, until 1837 ; Stedman Buttrick, until 1855.
In 1855 it was enacted that a county treasurer should be chosen in that year in each county, and every third year thereafter, for the term of three years. Under the new law the following were chosen :
Amos Stone, 1855, '58, '61, '6-1, '67, '70, '73, '76, '79, '82 ; Joseph O. Hayden, 1885, 188.
During the Colonial period the clerks of the courts were appointed by the courts. During the Provincial period the clerks of the County Courts and those of the Superior Court of Judicature, and afterwards, until 1797, of the Supreme Judicial Court, were dis-
tinct, and the latter two clerks had their offices in Boston. Until 1811 the appointment of clerks lay with the courts, when it was vested in the Governor and Council and so remained until 1814, when it was given to the Supreme Judicial Court. In 1856 it was provided by law that in that year and every fifth year thereafter, clerks should be chosen by the people in the several counties. The following is probably a correct list of clerks from the incorporation of the county, in 1643, to the present time :
Thomas Danforth, under the Colonial charter ; Samuel Phipps, 1689 ; Francis Foxcroft, 1721 ; John Foxcroft, 1766; Thadeue Mason, 1774 ; Thadene Mason and Wm. Swan, 1785 ; Abraham Bigelow, 1790; Elias Phinney, 1831 ; Seth Amee, 185 ', '56 ; Marshall Preston, aeeist, clerk, 1852; Benjamin F. Ham, 1861, '66 ; Theodore C. Hurd, 1871, '76, '81, '86 ; John L. Ambrose, second assist. clerk, 1880.
During the Colonial period, aud until 1715, the clerks of the courts were registers of deeds, but in that year it was provided "that in each county some person having a freehold within said county to the value of at least ten pounds, should be chosen by the people of the county. As officers of the court the clerks were under the Colonial charter called record- ers, and as recorders kept the registry of deeds. Up to the present time the registers of deeds have been as follows :
Thomas Danforth until 1689 ; Samuel Phipps until 1721 ; Francis Fox- croft until 1766 ; John Foxcroft until 1776 ; Ebenezer Bridge until 1781 ; Thadeue Mason until 1786; William Winthrop until 1796; Samuel Bartlett until 1819 ; Isaac Fiske until 1820; Samuel Bartlett until 1822 ; William F. Stone until 1846 ; Caleb Hayden nntil 1855.
In 1855 it was provided by law that in that year, and every third year afterwards, a register of deeds should be chosen for three years in each county, and in the county of Middlesex two registers, one for Cambridge and one for Lowell. Under the law the registers have been :
Caleb Hayden, for Cambridge, 1855, '58, '61, '64 ; Asabel B. Wright, for Lowell, 1855, '58, '61, '64 ; Charles B. Stevens, for Cambridgo, 1867, 70, '73, '76, '79, '82, '85, '88 ; Ithamar W. Beard, for Lowell, 1867-70 ; Joseph P. Thompson, for Lowell, 1873, '76, '79, '82, '85, '88.
Under a law passed March 3, 1635-36, Cambridge was designated as one of the four towus in which courts were to be held. Ipswich, Salem and Boston were the other three. When Middlesex County was incorpor- ated, in 1643, Cambridge continued the shire-town of the county. On the 19th of October, 1652, it was or- dered by the General Court that two sessions of the courts besides those held at Cambridge should be held at Charlestown. A court-house and jail were built, and the courts at some of their terms were held there until the Revolution. Precisely when the first court- house was built in Cambridge is not known. It was burned in 1671, and there is no positive knowledge of any other court-house until 1708, when one was built in Harvard Square. Another was built in Harvard Square in 1757 or 1758.
Under the administration of Andros, Captain Law- rence Hammond, of Charlestown, was appointed clerk of the courts and register of probate and of deeds.
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He removed all the records from Cambridge to Charlestown, and after the Revolution of 1688 refused to surrender them. On the 18th of February, 1689- 90, the General Court ordered " that Capt. Lawrence Hammond deliver to the order of the County Court for Middlesex the records of that county ; that is to say, all books and files by him formerly received from Mr. Danforth, some time Recorder of that county, as also all other books of record and files belonging to said county in his custody." On the 4th of Febru- ary 1690-91, the order not having been obeyed, the marshal-general was directed to arrest Mr. Lawrence. The records remained in Charlestown until 1717. On the 11th of May, 1716, the town of Cambridge passed the following vote: " Whereas the Register's office in the county of Middlesex is not kept in our town of Cambridge, which is a grievance unto us, voted that our Representative be desired to represent said griev- ance to the Honorable General Court and secure, if possible, the passage of an Act of said Court that said office may forthwith be removed into our town ac- cording to law, it being the shire-town in said county." The town of Charlestown objected to the removal and contested it in the General Court. Finally, as Mr. Richard Frothingham states in his "History of Charlestown," the question came squarely up before the Council on the 12th of June, 1717, whether Cam- bridge or Charlestown should be considered the shire- town. "Mr. Auchmuty pleaded very well for Charles- town. His discourse was very well worth hearing. Mr. Remington alleged and proved for Cambridge very pertinently and fully." On the 13th the Council decided in favor of Cambridge. The next day there was a spirited contest in the House of Deputies on the question of concurring with the Council. Sewall writes : "Could not tell by lifting up the hands-were fain to divide the House. They for Cambridge went to the north side-they for Charlestown to the south. Cambridge had forty-six-Charlestown forty-one."
. The registries were consequently removed to Cam- bridge, and that town has continued to the present time a shire of the county. The courts continued to be held in what is commonly called Old Cambridge until 1816. On the 3d of March, 1810, the General Court incorporated Thomas Handasyde Perkins, James Perkins, William Payne, Ebenezer Francis and Andrew Cragie as the "Lechmore Point Corpora- tion." This was a land corporation, ambitious, active and thrifty, like all such before and since. One of the schemes devised to promote its interests was the re- moval of the county buildings to East Cambridge, where its property was situated. On the 1st of No- vember, 1813, the company offered to convey to the county a square bounded by Otis, Second, Thorndike and Third Streets, together with a lot seventy-five feet in width across the westerly side of the square bounded by Thorndike, Second, Spring and Third Streets, and build a court-honse and jail at a cost not exceeding $24,000, on condition that they should be
used by the county when finished. The Court of Sessions, at its December term, in that year, accepted the proposal, and at the March term of the court, in . 1816, a committee reported the buildings finished at a cost exceeding the proposed expenditure by the company by the sum of $4191.78, which sum was paid by the county. The old court-house in Harvard Square was used for town and other purposes until April 19, 1841, and was afterwards removed to Palmer Street.
The court-house at East Cambridge was enlarged by the addition of two wings in 1846, and on the 27th of March, 1877, the county commissioners were authorized by the Legislature to borrow the sum of forty thousand dollars for a new building for the registry of deeds. The building, still proving too small, was moved back from its old site and enlarged by the addition of the structure now approaching completion.
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