USA > Massachusetts > Essex County > Newburyport > History of Newburyport, Mass., 1764-1905, Volume I > Part 2
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A Petition of a number of the Inhabitants of the Westerly part of the Town of Newbury, Praying that in Consideration of the large extent of the Town and the disadvantages resulting therefrom they may be made a separate District bounded as follows vizt from the west- erly end of said Town upon Merrimack River running to the mouth of Artichoak River, so called, and to run as that River runs to Rogers' Milldam, and then to run such a Line as will Comprehend the extent of the Second and Fourth Parishes of said Town, or that they may be other- wise relieved.I
An order of notice, similar to the one above quoted, was adopted by the General and the town Court, of Newbury was ordered to appear at the time and place appointed " to show cause why the prayer of the petitioners should not be granted."
One article in the warrant, signed by the selectmen, for a meeting of the inhabitants of Newbury to be held October 20, 1763, reads as follows :-
to choose some person or persons to make answer to a petition Preferred to ye Great & General Court of this Province for Dividing this town into Several Towns or Districts signed by Joseph Atkins & others & one other Petition signed by Tristram Coffin & others-Laid before said Court at their Last session.2
On the day named the subject was considered and a com- mittee appointed to attend the hearing at the next session of the General Court.
Voted & Chose John Brown, Esq., Mr Joseph Cottle, Mr Edmund March, Dn Thomas Moody, Capt Stephen Emery & Majr Samuel Ger- rish, a committee to answer to the memorial above mentioned at ye Great & General Court of this province at their next session, & to Give their Reasons why the prayer of said memorials should not be Granted.3
Mass. Archives (Court Records), vol. XXV., p. 48; Province Laws, vol. IV., p. 698.
2 Town of Newbury Records (1731-1785), p. 153.
3 Town of Newbury Records (1731-1785), p. 154.
20
HISTORY OF NEWBURYPORT
Tuesday, January 3, 1764, the subject was again considered by the General Court :-
The following Order passed on the Petition of Sundry Inhabitants of the town of Newbury, Praying that Said Town may be divided as entered Ioth June vizt:
In the House of Representatives : Read again together with the Answer of the Town of Newbury, And Ordered That Mr Trowbridge, Judge Russell, Capt Taylor of Southborough, Mr Tyler and Mr Brown of Salem with such as the Honorable Board shall join, be a committee to consider the Petition and Answer, and other Papers accompanying the same, hear the Parties and Report what they judge proper for the Court to do thereon.
In Council, Read and concurred, and a committee on the part of the Board is joined in the affair.I
[Friday, January 6, 1764.] The Committee appointed the 3d Instant on the Petition of Sundry Inhabitants of the Town of Newbury having made report the following order passed thereon vizt :
In Council Read and Accepted and. Ordered That Benjamin Lincoln and Nathaniel Ropes, Esqvs. with such as the honorable House shall join be a Committee to repair to Newbury, view the situation and con- sider the circumstances of the Town, hear the Parties and report.
In the House of Representatives, Read and Concurred and Royall Tyler, Samuel Livermore and Ezra Taylor Esquires are joined in the affair.2
[January 20, 1764.] The Committee appointed the 6th instant to repair to Newbury view the situation and consider the circumstances of the Town in Consequence of a Petition of a Number of the Inhabitants for a division of the said Town made report, whereupon the following passed vizt.
In Council read Accepted and Ordered That the same Committee bring in a Bill accordingly.
In the House of Representatives Read and Concurred.3
Three days later (January 23, 1764) the committee reported a bill establishing the bounds and limits of a new town "at
1 Mass. Archives (Court Records), vol. XXV., p. 114; Province Laws, vol. IV., p. 698.
2 Mass. Archives (Court Records), vol. XXV., p. 117; Province Laws, vol. IV., page 698.
3 Mass. Archives (Court Records), vol. XXV., p. 140; Province Laws, vol. IV., p. 698.
2 I
ACT OF INCORPORATION
the water-side " in Newbury.' The legislative title and full text of this Bill, which became a law of the Province of Mas- sachusetts Bay, with the approval of the Governor, February 4, 1764, is as follows :-
AN ACT FOR ERECTING PART OF THE TOWN OF NEWBURY INTO A NEW TOWN BY THE NAME OF NEWBURYPORT.
Whereas the town of Newbury is very large, and the inhabitants of that part of it who dwell by the water-side there, as it is commonly called, are mostly merchants, traders and artificers, and the inhabitants of the other parts of the town are chiefly husbandman ; by means whereof many difficulties and disputes have arisen in managing their public affairs,-
Be it enacted by the Governor, Council and House of Representatives,
That that part of the said town of Newbury, and the inhabitants there- of, included within the following line; namely, beginning at Merrimack River, against the northeastwardly end of the town way commonly called Cottle's Lane, and running, as the said lane doth, on the eastwardly side of it, to the highway commonly called the High Street ; and so westward- ly, as the said highway runs, on the northwardly side thereof, till it comes to a town way known by the name of Fish Street; and thence, south- westwardly, as the way goes, and on the eastwardly side thereof, leading by Benjamin Moodey's, to a place called the West Indies, until it inter- sects a streight line drawn, from the southwardly side of the highway against Cottle's Lane aforesaid, to a rock in the great pasture near the dividing line between the third and fifth parishes there; and so, as the streight line goes, until it comes to the dividing line aforesaid ; and from thence, as the said dividing line runs, by the said fifth parish, down to Merrimack River, and thence, along said river, to the place first men- tioned,-be and hereby are constituted and made a seperate and distinct town by the name of Newburyport, and vested and endowed with all the powers, priviledges and immunities that the inhabitants of any of the towns within this province do or ought by law to enjoy ; save that they shall have the right of chusing and sending, from time to time, but one person to represent them in the great and general court of this province.2
And whereas the whole town of Newbury were, by law, impowered to send two representatives to the general court,-
Be it further enacted,
That the inhabitants of the remaining part of the town of Newbury
1 Mass. Archives (Court Records), vol. XXV., pp. 144-155.
2 The map on the next page, reproduced from the original copy on file in the Massachusetts Archives (Town Plans, vol. II., part I), although drawn in 1795 gives the bounds and limits of Newburyport as they were when the town was incorpo- rated in 1764.
A
Plan of the (mw) of
Taken May, 1795, Jofeph Somerby furvy or.
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3
A: Cd e
r
2
t
&Roches Channel of Merrimack Kur
Houses of Publick Worship Court House -
X Pond 3 3/4 Ceres
Streets ...
....
25 50
100
23
ACT OF INCORPORATION
aforesaid, shall, for the future, have a right to chuse and send no more than one person to represent them, from time to time, in the great and general court of this province ; any law, usage or custom to the contrary notwithstanding.
And be it further enacted,
That the assessments heretofore made on the inhabitants of the undi- vided town of Newbury, by the assessors, are hereby ratified and con- firmed, notwithstanding any deficiency therein ; and the several collectors to whom they were committeed are hereby required and impowered to levy and collect the same, anything in this act to the contrary.
And be it further enacted,
That the selectmen of the undivided town of Newbury, who from time to time, have acted as treasurers, shall make a fair settlement and adjust- ment of their accounts; and if any ballance shall be remaining in their hands, the inhabitants of the town of Newburyport shall have and receive their just and due proportion thereof ; and if, upon such settlement, the undivided town of Newbury shall be in arrears, the inhabitants of the town of Newburyport shall pay their just and due proportion thereof.
And be it further enacted,
That the inhabitants of Newburyport shall pay to the inhabitants of the seperate town of Newbury, their just and equal proportion of the public buildings that, on this division, shall fall within the limits of New- buryport aforesaid ; and that the inhabitants of the separate town of New- bury shall pay to the inhabitants of Newburyport, their just and equal proportion of the public buildings that on this division, are not within the limits aforesaid : the several proportions aforesaid to be settled and adjusted according to the province tax which was laid by the assessors next after the last valuation taken.
And be it further enacted,
That the inhabitants of Newburyport shall from time to time, amend and repair a certain bridge over the river Artichoke, which they will have occasion frequently to pass and repass, altho the same bridge is not in- cluded within the limits of Newburyport aforesaid.
And be it further enacted,
That nothing in this act shall any way affect, change or alter any of the lines of the several parishes within what was heretofore the town of Newbury, but that the same shall be and remain as heretofore by law established, anything in this act to the contrary notwithstanding.
And be it further enacted,
That the inferior court of common pleas, and the court of general ses- sions of the peace, by law appointed to be held at Newbury on the last Tuesday of September annually, shall for the future be held in Newbury- port on the last Tuesday of September annually, and to all intents and purposes shall be considered as when held in the town of Newbury as aforesaid, any law to the contrary notwithstanding.
24
HISTORY OF NEWBURYPORT
And be it further enacted,
That John Choate, Esq., be and hereby is directed and impowered to issue his warrant to some principal inhabitant of Newburyport, requiring him to notify and warn the inhabitants of the said Newburyport, qualified by law to vote in town affairs, to meet at such time and place as shall therein be set forth, to chuse all such officers as any of the towns within this province by law have a right to chuse, which officers shall take the respective oaths by law required by them to be taken.
And be it further enacted,
That if any person or persons heretofore belonging to the undivided town of Newbury aforesaid, and removed from thence, and shall be returned thither again, and become a public charge, the same shall be paid by the two towns aforesaid, in proportion to the province tax laid on them from time to time. (Passed January 28,' 1764.).2
1Signed February 4, according to the record.
2 Province Laws, 1763-64, vol. IV, chap. 20, p. 676.
At the end of the last Session an Act passed for dividing the Town of New- bury into two to be called Newbury and Newbury Port. It has been a constant rule with me in dividing old Towns to take care that the number of Representa- tives should not be increased. This has generally been done by providing that the two new Towns created out of one old Town should join in the election of Representatives in the same manner as if they had not been separated, But in the present case for good reasons it was ordered otherwise: The old Town of New- bury had always sent two Members and as of the two New Towns the one was composed of Husbandmen and the other of Merchants and therefore their inter- ests would be different, It was thought best that each should send one Member only, instead of both joining in sending two, And so it was enacted.
Nevertheless upon the new elections of the present Assembly, the Town of Newbury returned two Members, This was so barefaced a violation of the Law but just passed, that I thought I could not avoid taking notice of it. I accordingly directed the Commissrs appointed to administer the Oaths to the House not to swear the two Members for Newbury. This produced, as I expected it would, a remonstrance from the House by a Committee, complaining of a breach of privi- ledge for not leaving to them the judgment of the validity of the Elections of their own Members. I told them that I did not desire to impeach their priviledges, nor did imagine that I had done it in this instance, That the Act which gave the House the cognizance of the validity of election must be confined to matters that were doubtful or disputable in some degree, But where a return appeared upon the face of it to be contrary to law, it was no return and ought to be rejected in the first instance. That I was obliged to take notice of this by the practice of the house which was to postpone the consideration of the returns till after the first day, by which means all persons returned, tho' ever so illegally had a vote in the elec- tion of Councillors. And if the Governor could not reject returns that were illegal on the face of them and the House would not inquire into them before they entered upon business, it followed that any Number of pretended Members might be poured in to serve a particular purpose in the election of Councillors who would be content to be rejected after they had done the business they came for. If this was the Law, it was high time it should be animadverted upon, Upon which sev- eral Gentlemen present, who had been speakers in former Assemblies, declared that it was the old usage to examine the returns before they did any business and that the postponing it was a very late practice, And the Committee of the House all except one said that they believed that the House would, as soon as they were sworn, immediately proceed upon enquiring into this return. Upon which I told them that, in confidence that they would do so, I would withdraw my caution and
FIRST TOWN MEETING
On the thirty-first day of January, John Choate, one of the justices of the peace for the County of Essex, issued the fol- lowing warrant :-
To Daniel Farnam, Esq. one of the principal Inhabitants of the Town of Newbury Port within the said County of Essex. Greeting :
Whereas by an act of the Great and General Court of this Province made at their session at Cambridge in Jannary A. D. 1764. The Town of Newbury is Divided and a New Town constituted out of it by the name of Newburyport in the County of Essex, and by the same act I, the subscriber, John Choate, one of his Majesties Justices of the Peace am directed and impowered to issue out my warrant to some principal Inhabitant in said Town of Newbury Port requiring him to notify and warn the inhabitants of the said Town of Newbury Port, qualified by law to vote in Town affairs, to meet at such time and place as therein shall be set forth to choose all such officers as any town in this Province by Law have a right to choose :
These are therefore in Pursuance of said Act to require you to notify and warn the Inhabitants of the said Town of Newbury Port to meet at the Court House in the said Town of Newbury Port on Wednesday the 8th Day of February next at ten of the Clock in the forenoon Then and there to choose a Moderator, Town Clerk, Selectmen, Town Treasurer, Assessors, Overseers of the Poor and all such other officers as any of the Towns in the Province by law have a right to choose, and make Return
Given under my Hand and Seal, at Ipswich, this 31st Day of January in the fourth year of his Majesties Reign Anno Domine 1764
JOHN CHOATE Justice of the Peace.I
let them proceed in their own way. Nevertheless the House upon debate post- poned the consideration of this election and left the two Members of Newbury at liberty to vote for Councillors, altho' as I have been told, they did not actually vote, So that it is now established by formal precedent, that pretended Members tho' their return be ever so notoriously illegal, will have the liberty to vote for Councillors, before their return is disallowed.
If the present method of constituting the middle Legislative Body is to be per- manent, it would be proper that it should be secured from being abused as much as is possible. Its natural and constitutional imperfection which has been con- tinually increasing, is enough; new and adventitious disadvantages need not be added. I must therefore desire your Lordships's directions how I am to act upon a future occasion of the like kind: for if a notion should prevail that all persons returned as Members whether legally or not, will have a vote for Councillors, be- fore their right of sitting at all can be determined, It is obvious to me, that advan- tage will be taken of such a laxity in the Government to serve occasional pur- poses. Gov. Bernard to Lords of Trade, June 29, 1764: "Mass. Bay Board of Trade, vol. 79, M. m., 5, in Public Record Office." Province Laws, 1763-64, vol. IV., p. 698.
1Town of Newburyport Records, vol. I., p. 5.
26
HISTORY OF NEWBURYPORT
On the first day of February the freeholders and other in- habitants of Newburyport were notified by Daniel Farnham, Esq., to meet at the time and place, and for the purpose, named in the warrant ; and having assembled at the Court House, on Wednesday, February 8, 1764, they made choice of the fol- lowing officers :- 1
Michael Dalton Esq. Moderator.
Mr. Stephen Sewall Town Clerk.
Mr Stephen Cross, Mr Enoch Titcomb, Jun Mr. Timothy Pike and Daniel Farnham, Esq. Selectmen.
Mr. Nathaniel Carter Town Treasurer.
Mr. Jonathan Greenleaf, Dudley Atkins Esq and Mr. Samuel Green- leaf Assessors.
Mr. Ralph Cross, Capt Patrick Tracy Mr Joseph Cottle, Mr Ebenezer Little, and Capt Henry Titcomb, Overseers of the Poor.
Mr. John Wyat, Mr Edmund More, Jun. and Mr Stephen Wyat, Con- stables.
Mr Joshua Greenleaf (excused) Mr Edmund Bartlet, Richard Green- leaf Esq. Mr Cutting Bartlet, Mr Jonathan Titcomb and Mr Samuel Ger rish, Fire Wards.
Capt Cutting Moody, Mr John Stone and Mr Joseph Stickney Culler of Staves & Hoops.
Mr Isaac Johnson, Mr Francis Hollida, Mr Samuel Gerrish, Mr Icha- bod Woodman, Mr Samuel Rolf, Mr Samuel Greenleaf, Mr William Harvey and Mr Moses Rogers, Surveyors of Lumber.
Mr Jacob Giddens and Mr Caleb Haskel, Cullers of Fish.
Mr Ralph Cross, Capt Cutting Moody and Mr. Cutting Bartlett, Wardens.2
Mr. Samuel Tufts, Mr Ebenezer Greenleaf, Capt Jeremiah Pearson Capt Cutting Moody, and Capt William Davenport, Clerks of the Market
Mr. Edmund Bartlet and Mr John Kent, Sealers of Leather.
Mr. John Harris, Hay Ward.
Mr. Samuel Titcomb, Mr William McHard and Deacon Thomas Moody, Surveyors of the High Way.
Mr. Thomas Bartlet, Mr Enoch Pilsbury, Mr Samuel Toppen and Mr Samuel Rolf Hogreeves.
Deacon John Kent and Mr William Price Fence Viewers.
Capt Jeremiah Pearson, Sealer of Weights & Measures.
Mr. James Hidden Informer of Deer.
1 Newburyport Town Records, vol. I., p. 7.
2 It was the duty of the wardens to advise with and instruct the constables in regard to the enforcement of the laws.
2 7
MERCANTILE AND COMMERCIAL AFFAIRS
At that date bituminous coal was used in Newburyport to a limited extent. It was probably imported from England or from Newfoundland and Cape Breton. Jacob Giddens and Caleb Haskell were chosen measurers of salt and sea coal March 15, 1764 ; Stephen Wyatt and Capt. John Currier were elected March 19, 1765 ; Stephen Wyatt, Capt. John Currier and Samuel Rolfe, March 18, 1766, and Stephen Wyatt, Capt. John Currier, Samuel Rolfe and Paul Shackford, March 24, 1767.I
There is no record of the election of tithingmen until June 12, 1787, when William Bartlet, Capt. Joseph Titcomb and Joseph Cutler were chosen. After that date, however, it was customary to elect at least three tithingmen annually. The number was increased from year to year until March 27, 1837 when Paul Simpson, John Moody, Tristram Chase, William Forbes, Obadiah Horton, Enoch Smith, William B. Bannister, Nathaniel Follansbee, Nathaniel Foster, Nathaniel Bayley, Charles H. Balch, Ebenezer Stone, Stephen E. Cutter, John Cooper, David E. Cutter and Samuel Rundlett were chosen. It was voted "inexpedient to elect tithingmen " at the annual meeting held March 15, 1838, and none were elected after that date.
MERCANTILE AND COMMERCIAL AFFAIRS
When Newburyport was incorporated, in 1764, it was bounded on the northeast by the Merrimack river and on the other three sides by the town of Newbury. In territorial ex- tent it was the smallest town in the Commonwealth, having only six hundred and forty-seven acres of land, three hundred and fifty-seven dwelling houses, and a population not exceed- ing two thousand, eight hundred and eighty-two men, women and children.
There were three ship yards in the town at that date, one
1 Samuel Coffin advertised in the Essex Journal and New Hampshire Packet May 23, 1787, " Sea Coal for sale near St. Paul's Church in Newburyport " ; and John Stickney announced in the same paper, October 15, 1788, that he was ready to supply customers with bar iron, "Sea coal " and painters' colors. In 1790 David Coffin had the best Virginia coal for sale at his store opposite_the Rev. Mr. Murray's meeting house.
28
HISTORY OF NEWBURYPORT
at the foot of King, now Federal street, one at the foot of Queen, now Market street, and one at the Market house landing called " the middle ship yard." Cordage factories, employing from twenty-five to fifty hands, produced from two to three hundred tons of white lines and tarred cordage annu- ally. As early as 1748 Capt. John Crocker was granted permission to erect a rope walk near Frog pond, and sub- sequently several others were erected between Cottle's lane, now Bromfield street, and Ordway's lane, now Market
CORDAGE Manufactured of Sold by
John Tracy at his hope yard Quaker Field NEWBURYPORT.
m
street. John Tracy was a manufacturer of cordage near the Quaker burying ground, before Washington street was laid out between Winter and Boardman streets. His letters and bills of sale were embellished with an appropriate heading en- graved on copper, as above.1
The importation of molasses from the West India islands was active and prosperous and the distillation and exporta- tion of New England rum occupied the time and attention of many merchants and seafaring men.
1 From a bill-head now in the possession of Mr. Eugene Noyes of Amesbury.
MERCANTILE AND COMMERCIAL AFFAIRS
29
"The Portsmouth Flying Stage Coach," owned by John and Bartholomew Stevens, drawn by six horses and carrying six persons inside, came once a week over the ferry at the foot of Fish, now State street, on its way to Boston, stopping long enough at Wolfe tavern to allow passengers to quench their
Wolfe. Tavern
James Wolfe Esq 1762
thirst with a mug of cider or a glass of punch and appease their hunger with game from the forest or fish from the sea.
Although the merchants of Newburyport were largely en- gaged in the importation of foreign merchandise at that time, it is said there were only three shops where English goods could be purchased within the limits of the town. The owners or pro-
30
HISTORY OF NEWBURYPORT
prietors of these shops were John Harris, Tristram Dalton and Patrick Tracy.1
The map of Newburyport on page 22 drawn by Joseph Somerby, in May, 1795, gives the location of the meeting houses that were standing in 1764: Rev. John Lowell's in what is now known as Market square, Rev. Jonathan Parsons' on Federal street, and St. Paul's church on the corner of High and Market streets. Rev. Christopher B. Marsh's on Titcomb street, built in 1768, is marked No. I, and Rev. Charles W. Milton's, on Prospect street, built in 1793, is marked No. 2 on the map.
" The Beacon Oak " with a cask, surmounted by a weather vane, towering above its lofty branches, was probably located at or near the point marked 3 on the map. The distances from a to b, c, d, e, f, g, etc., are given on the margin of the map on file at the State House in Boston but are not of sufficient importance to be reproduced in the copy made for this work. Rev. John Lowell, pastor of the church in Market square, died May 15, 1767, and his successor, Rev. Thomas Carey of Charlestown, was ordained May II, 1768. In the immediate vicinity of the meeting house in which he officiated, most of the shops of the town were located.
Richard Thompson advertised in the Essex Gazette, pub- lished in Salem, Mass., May 19, 1772, "a full assortment of drugs and medicines for sale at his shop, at the sign of the mortar, near Rev. Mr. Cary's meeting house in Newburyport"; and George Deblois advertised blankets, serges, goloshes, tip- pets, worsted hose, gloves, nails, glass, powder, hinges, bells, brass kettles, hand saws, &c. at the sign of the Golden Eagle, near the court house in Newburyport.2
Mary Fisher sold broadcloth, " Bath Beavers," and other articles for women and men's wear at her shop, " just to the northward of Rev. Mr. Cary's meeting house, " and Jackson, Tracy & Tracy advertised powder, by the barrel, " and a few firkins of choice butter for sale," at their place of business near the ferry way.
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