USA > Massachusetts > Worcester County > Spencer > History of Spencer, Massachusetts, from its earliest settlement to the year 1860: including a brief sketch of Leicester, to the year 1753 > Part 3
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The same year, the selectmen presented a petition to the General Court, " setting forth that the said town is a Frontier, and has been very much exposed and reduced to very low circumstances by the late Indian War, and therefore praying that this court would compassionate their distressed case, and abate their proportion of the Province tax the present year." This must have been an exaggeration. The tax was, however, abated. +
In 1726, the garrison around Mr. Parsons' house was repaired and put into a defensible state, by a vote of the town. In 1726, a committee was chosen, again to repair the same garrison. After this there is no more heard of trouble by the Indians.
* Lincoln's History of Worcester, Pages 51-53.
t The town's proportion of the province tax for 1725, was seven pounds.
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HISTORY OF SPENCER.
Though the good people of Leicester had no more trouble from their old enemy, yet there was another enemy, among themselves, which they determined should be wholly exter- minated, and for this purpose, the town, March 27, 1729, voted to allow three pence for each rattlesnake killed within the limits of the town; and January 11, 1737, Benjamin Richardson was allowed eleven shillings for killing twenty- eight rattlesnakes.
1732, the town was presented at the quarter sessions in Worcester, for want of a standard of weights and measures, and in 1740, the town was again presented for the same delinquency. This year it appears the town had not suc- ceeded in exterminating all the rattlesnakes, and the squirrels and birds were troublesome, and they voted to allow six pence per head for killing grey and red squirrels and rattlesnakes, three pence per head for killing jays, red- headed woodpeckers and blackbirds. The whole amount allowed for killing these animals this year was £41 0s 3d, divided among 63 claimants. Jonathan Witt received £5 15s 9d, Thomas Smith £4 1s 3d. The town increased rapidly, in population and wealth, especially the eastern, or settlers part. This part was settled under favorable circumstances, similar, however, to other new settlements. The grantees having paid merely a nominal price for their lands, a sum barely sufficient to defray the expense of the survey and other incidental charges. But the inhabitants of the west- erly part were not thus favored. The proprietors having given away one-half of their lands, in order to comply with the conditions of their grant, retained the other half in their possession until they could dispose of it to the best advan- tage. Consequently, the progress of settlement of this part was a slow process, and as late as 1740, there were not, probably, more than one hundred and fifty inhabitants in that part of the town. They were, however, taxed for all
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purposes, whether municipal, parochial, or otherwise, in the town.º
The inhabitants of the westerly part labored under many disadvantages. Noroads had been located for their particular accommodation, and this impediment, together with the distance, prevented the attendance of but few at church, and they received no benefit whatever from what they paid for the support of schools. They felt themselves, merely as an appendage to the easterly part of the town, and perhaps thought themselves a little neglected, but still they struggled on; and I know not as there was the least spark of disaffection that rankled in their breasts, and if there was, it has long since entirely disappeared, as their mutual intercourse has always been friendly and amicable, and they unite in electing a representative to the legislature with entire harmony and cordiality. Though their numbers were few and their resources slender, yet like a young heir, who longs to attain his. majority and act for himself ; so the inhabitants of the westerly part, and many of the proprietors, who still held lands there, desired a separation, and to be constituted a town and be independent.
In 1736, all the lands, whether belonging to the proprie- tors or other individuals, were subjected to a tax of one penny per acre towards the support of a minister, the town being about to settle the Rev. Mr. Goddard. The proprietors and settlers of the westerly part, unitedly petitioned the General, Court, that their part of the tax might be applied towards the support of preaching in that part of the town. The petition was presented June 18, 1736, " Praying, that the late tax of one penny per acre lately laid on the proprietors
9 In 1731, three persons, only, living in the westerly part of the town, appear to be taxed, viz., Samuel Bemis, Jonathan Lamb and John Greaton. In 1733, five persons were taxed, viz., Samuel Bemis, Jonathan Lamb, John Greaton, James Ormes and Jonathan Ormes. In 1739, seventeen were taxed. In 1742, forty-one were taxed.
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of the westerly part of Leicester may be applied for and toward the support of preaching in that part of said town, as entered in the House of Representative the 27th of March last."
The House of Representatives ordered the petitioners to serve the adverse party with a copy, &c. But the Council nonconcurred, and excused themselves by a quibbling techni- cality, “ forasmuch as the petition is not directed to the Court."
In 1741, the inhabitants of the West Parish presented a petition to the town at their annual meeting, requesting to be exempted from paying taxes for the support of the minister or the schools. This was denied to them. Though the request may appear equitable, yet it is doubtful whether the town could legally make the exemption. At a subsequent town-meeting the same year, they requested to be " set off" as a distinct town, and this request was granted. Applica- tion was immediately made to the General Court for that purpose. This request was readily granted, and a bill for the same passed both Houses, but was vetoed by Governor Shirley. This result produced a general dissatisfaction, as the westerly part and the proprietors were all desirous, and the easterly part had consented, that a separation should take place. Accordingly, the proprietors and some of the inhabitants of the westerly part met at the Royal Exchange Tavern, in Boston, February 15, 1743-4, and voted " That Col. Samuel Willard, Thomas Hutchinson and Eliakim Hutchinson, Esqrs., Messrs. Nath'l Cunningham, Samuel Hunt and Grafton Feveryear, be a committee in behalf of the proprietors and settlers to wait on his Excellency the Governor, and inform him of the difficulties they labor under for the want of his Excellency's consent to a petition, by them presented to the General Court, for making them a separate town from the easterly half of Leicester, which has passed both Houses, but his Excellency was not then
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inclined to give his consent thereto, and to use their best endeavors to obtain his Excellency's consent that the same may be made a separate township." Governor Shirley, perhaps, was as popular a Governor, and as condescending to the people, as any of Royal appointment, yet he would not, during the period of his government, consent to the bill.
The parties, though disappointed, and, perhaps, a little chagrined, acquiesced with this state of things with as much grace as they could, making a virtue of necessity. They became resigned to what they could not prevent, and the matter was suffered to rest fourteen years.
At length, the inhabitants of the westerly part, still feeling dissatisfied with their position, determined to make another effort to effect their object ; they employed Mr. John Ormes, one of their own people, for that purpose. May 30, 1744, he presented a petition to the General Court, representing " that the difficulties which moved him to apply that they should be a distinct township do still subsist, and may in a great measure be removed by their being made a Precinct." This request was granted. This was some relief, as they were about settling the Rev. Mr. Eaton as their minister, and they became a Parish, by an act of incorporation, July 18, 1744.
In 1749, four of the selectmen belonged to the East Parish, and one only, Moses Smith, belonged to the West Parish. They were requested to locate certain roads in the West Parish. This was thought reasonable, as the town, including both Parishes, had been at considerable expense for two or three years previous, in making several new roads in the East Parish. But a majority of the selectmen thought proper not to comply with this request. The West Parish then, by their committee, John Newhall and Moses Smith, petitioned the Court of Sessions, at Worcester, to lay out suitable roads for their accommodation. The selectmen were cited to appear, to show cause why the prayer should
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HISTORY OF SPENCER.
not be granted. This caused some excitement in the town, and they chose a committee to appear at court to oppose granting the petition. A compromise was, however, effected, and the next year, the selectmen were generous enough to locate eleven roads in the West Parish, constituting what are still some of our most useful roads.
The east part of the town had hitherto appeared willing, or rather indifferent, with respect to the separation, but this coercive measure of the west part aroused them from their supineness, and they were now determined to take an active part themselves to effect that object.
Accordingly, November 22, 1749, the following petition was presented to the General Court, or rather, to the acting Governor.
" Petition to the Honorable Spencer Phipps, Lieutenant Governor, by the subscribers, a committee of the town of Leicester, stating that the inhabitants of the westerly part of said town have built a meeting-house and settled a min- ister, and stating further, that about eight years ago, moved to the town of Leicester to be set off and made a distinct town, which was readily granted. Whereupon application was made to the court about three years afterwards for the same, but instead of being made a town, was made a pre- cinct only, which was very grievous to both, nor had the town any opportunity given them to offer any reasons to the Honorable Court to the contrary, although they had many to give, and one was, that the west part called upon the selectmen of Leicester to lay out roads for them, upon the joint expense, of both parts of the town, so that the inhabitants of the west part might get to meeting, &c. They further state, that when the land in the easterly part was laid out, sufficient land was appropriated for roads, but when the west part was divided, it was laid out into lots, and no land left for roads, and now the east part was called
1
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upon to be at their proportion of the expense, which they considered unjust. That the inhabitants of the west part preferred a complaint to the Court of Sessions for a com- mittee to lay out roads for their accommodation. They therefore pray the Court to erect the west part of Leicester into a distinct and separate town, &c.
Daniel Denny, Steward Southgate, John Brown."
The General Court being urgently pressed by the inhabi- tants of both parts of the town, brought in another bill to erect the West Parish into a town. But his Honor Lieuten- ant Governor Phipps, was not inclined to gratify the unan- imous wishes of all in this matter, but like his predecessor five years before, to veto the bill. Accordingly, December 22, 1749, the Secretary delivered the following Message from the Lieutenant Governor to both Houses :
" Gentlemen of the Council and House of Representatives. The Secretary has laid before me for my signing, an engrossed bill passed by both Houses, for incorporating the West or second Precinct of the township of Leicester into a distinct or separate township, &c. Whereupon I must inform you, that I am restrained from giving my consent to the bill, unless provision be made that the number of representatives be not thereby increased, or a clause for suspending the execution of the act until His Majesties pleasure shall be known thereupon, be inserted in the said act."
The House became indignant at this unjustifiable and tyrannical conduct of the Lieutenant Governor, and on the 4th of January succeeding, transmitted to him the following spirited and plain-spoken message.
4*
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" May it please your Honour :
The House, taking into consideration your Honour's message of the 22d of December, beg leave to say, They are at a loss to know why your Honour apprehends yourself restrained from giving your consent to the bill unless pro- vision be made that the number of representatives be not thereby increased, or a clause for suspending the execution of the act until His Majesties pleasure should be known thereupon, be inserted in said bill, but must suppose your Honour induced so to judge either from the reason or nature of the thing, or for some restraint in their late Majesties charter to this Province, which are the only rules of gov- ernment in this his Majesties Province ; In neither of which can the House find any restraint ; in which opinion the House are more confirmed from the fate of a late bill in the Hon'ble House of Commons, of which your Honour is well knowing.º The House apprehend the forming that part of Leicester into a distinct township will be for the pros- perity of His Majesties subjects, in which his Majesty always takes pleasure, the ends of government being his Majesties honour and the happiness of his subjects ; and that the people be fully represented is for His Majesties honour and the happiness of his subjects, and is agreeable to his Majesties character and laws of this Province, is the opinion of the House. But were it not so, the number of representatives the town of Leicester by charter and the laws of this Province are now entitled to, is not enlarged by this bill; And therefore the House flatter themselves, your . Honour will give your consent." His Honor, however, re- mained incorrigible. These documents show the liberal sentiments prevailing in the House of Representatives, the only branch of government which really represented the sen- timents of the people of Massachusetts, but which were
" What bill the House here refers to, is not known.
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always opposed and thwarted by the governors of Royal appointment. This struggle continued, and sometimes with great animosity, from 1692 to 1775, when the revolution soon put a period to the unconstitutional and tyrannical power of Great Britain, and its subordinates, who ruled over the people by his Majesty's appointment, and the people be- came triumphant.“
Thus were the inhabitants of this town doomed a second time to suffer the pangs of disappointed hope, by the arbi- trary acts of a governor, not a governor chosen by the volun- tary suffrages of a free people, but appointed by a foreign potentate, and often one whose principles of government were modeled after those of the British Crown, and who had but little sympathies with the people. Although sadly dis- appointed, they were not yet discouraged, but determined to persevere until their efforts should be crowned with success.
They, however, waited three years longer, when at a Par- ish Meeting, March 6, 1753, Capt. Benjamin Johnson, Lieut. John White and Deacon John Worster, were chosen a com- mittee to prefer a petition to the General Court, once more asking to be incorporated as a town. The application at last was successful, and Lieutenant Governor Phipps condescended to give his consent to the bill, and it became a law.
The following is a copy of the act :
William Shirley, author of the first veto, was an English gentleman who practiced law in Boston, and was governor of Massachusetts from 1740 to 1757, when he was superceded by the appointment of Thomas Pownall. During his administration he was part of the time absent in England, in which time, his place in the chair was supplied by the Lieutenant Governor. He died in England, April, 1771.
Spencer Phipps, author of the second veto, was born in Massachusetts or Maine. He was appointed Lieutenant Governor, 1732, which office he held until the time of his death, which took place April 4, 1757. In the absence of Governor Shirley, he officiated as Governor, and died in the office as Commander-in-Chief. Both offices thus became vacant the same year, one by being superseded, the other by death.
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Anno Regni Ş ROYAL
secundo vicessimo 3 SEAL.
Regis Georgii Sexto.
An act for erecting the second precinct in the town of Lei- cester into a separate District. º
Be it enacted by the Lieutenant Governor, Council and House of Representatives, that the said second Precinct in Leicester, bounding north on the town of Rutland, easterly on the first Parish in Leicester, southerly on land called the Country Gore,; westerly on the town of Brookfield, be and hereby is erected into a separate and distinct District, by the name of Spencer,¿ and that the said District be invested with all the powers, privileges and immunities that towns in this Province may enjoy, that of sending a representative to the General Assembly only excepted ; and that the said District shall have full liberty and right from time to time to join with the town of Leicester in choosing a representative to represent them at the General Assembly, and that the said District shall from time to time be at their proportional part of the expense of such representative. And that the town of Leicester, as often as they shall call a meeting for the choice of representatives, shall from time to time give rea- sonable notice to the clerk of said District for the time be- ing of the time and place of holding of said meeting, to the end that said District may join therein, and the clerk of said
. º It was called a District, because it was prohibited from sending a Rep- resentative. This was the case with Barre, Oakham, Paxton and many oth- er towns when first incorporated. This restriction continued until the com- mencement of the Revolution in 1775, when every town or district, being liberated from this restraint, was allowed to send a Representative, and this privilege was continued to them until 1780, when the constitution guar. ranteed the right.
t This is now a part of Charlton, and when Spencer became a town, the inhabitants of the west part were taxed here, and so late as June 13, 1757, notwithstanding it had been set to Charlton so far as that town bounded against Spencer, the Legislature ordered or empowered the assessors of Lei- cester and Spencer to tax it to their respective towns.
Į This town was named Spencer probably in honor of Lieutenant Gov- ernor Spencer Phipps.
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District shall set up in some public place in said District a notification thereof accordingly.
Provided nevertheless, and be it further enacted, that the said District shall pay their proportion of all Town, County and Province taxes, already set or granted to be raised by said town, as if this act had not been made.
And be it further enacted, that Thomas Steele Esqr. be and is hereby empowered to issue his warrant, directed to some principal inhabitant of said District, requiring him to notify and warn the inhabitants of said District, qualified by law to vote in town affairs, to meet at such time and place as shall be therein set forth, to choose all such officers as shall be necessary to manage the affairs of the said District.
April 3, 1753. This bill having been read three several times in the House of Representatives, Passed to be enacted. T. Hubbard, Spkr.
April 3, 1753. This bill having been read three several times in Council, Passed to be enacted.
J. Willard, Secry.
April 12, 1753. By the Lieutenant Governor. I consent to the enacting of this bill. S. PHIPPS.
Published April 14, 1753. Thos. Clark, Depty Secry.
It will be seen by the provisions of this act,that the town of Spencer was especially prohibited from sending a repre- sentative of their own, but the inhabitants had the privi- lege, if they chose, of going to Leicester and voting for some gentleman in that town for the office. This was a kind of partnership, that if the labor and expense were equal, yet the honor and profits were shared by one of the parties only, for during the period of twenty two years, while this partnership existed, the town of Spencer was not so fortu- nate as to have one gentleman who was sufficiently qualified, in the opinion of both parties, to be a representative to the great and General Court. But probably, this business was
+
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all managed right and proper, and for aught that is now known, to the perfect satisfaction of all.
Agreeable to a special provision of the aforesaid act, Mr. Justice Steele of Leicester issued his warrant to Capt. Ben- jamin Johnson, and a meeting of the inhabitants was call- ed, and the town was organized by choosing municipal offi- cers as the law directed. It may be a curiosity to some of the present generation, to see who were the men that com- posed the first organization of the town, and what office their ancestors had the honor to hold, for the lowest office, in a genuine sense, is never disreputable for any man to hold.
The following is a list of officers for the town of Spencer, at the first organization, May 14, 1753.
Capt. Benjamin Johnson, Moderator.
Benjamin Johnson, Town Clerk.
Deacon John Worster, 1
John Cunningham, John Muzzy, Selectmen.
Deacon James Wilson,
Capt. Benjamin Johnson,
" Benjamin Johnson, Treasurer.
Samuel Bemis, Jun., James Ormes,
Constables.
Voted, the Selectmen be Assessors.
Ensign John Stebbins, Samuel Garfield,
John Prouty,
Caleb Bridges, Robert Griffin,
Highway Surveyors on the North side of the country road.
Jacob Stoddard,
Highway Surveyors on the South side of the country road.
Jonathan Lamb, David Adams, James Richardson, Highway Surveyor on the country road.
Joshua Draper, Benjamin Woodard,
Hogreeves.
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Deacon John Worster, - Fence Viewers. Thomas Bridges, - Israel Holton, Sealer of Leather.
Lieut. John White, Sealer of Weights and Measures. James Draper, Jacob Stoddard, Tythingmen.
In the first settlement of the towns in New England, there was always difficulties to meet, hardships to endure, often dangers to encounter and opposition to overcome, requiring sagacity, courage and perseverance, but there were general- ly men among them possessing those qualities, who were the first afterwards to be promoted to trusts of honor and re- sponsibility by the people, and whose names, whether spoken or written, were sure to be dignified with their military ti- tle, if they had such, and were loaded with a large plurality of offices. Thus in the organization of Spencer, Capt. Benjamin Johnson was Moderator, Town Clerk, one of the Selectmen, who were also Assessors, and Treasurer. And so of Leicester. Capt. Samuel Green was Moderator, first Se- lectman, first Assessor and Grand Juror. The same in Rut- land. Capt. Samuel Wright was Moderator, Town Clerk, first Selectman and first Assessor.
The population of this town at the time of incorporation, probably, did not exceed 500, and that of Leicester about 700. In the interior towns of Massachusetts, the inhabitants being mostly agriculturists, population advanced slowly, sometimes stationary or even retrograde, by the migration of families and enterprising young men to the Western States. But within the last twenty-five or thirty years, since railroads and manufactures have been introduced among us, large villages have sprung up, business of all kinds is active, meeting with suitable remuneration, and population has rapidly increased.
The following is the population of the town at different periods, from 1764 to 1860.
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Males Females
Males
Femaleg
Tot. Nos
Years.
Houses.
Families. under 16. under 16. above 16. above 16. Negroes. persons.
1764
100
111
174
173
160
152 5 664
1776
1042
1790
1322
1800
1432
1810
1453
1820
1548
1830
1688
1840
1604
Whole No. Whole No.
Males.
Females.
Colored.
1850
341
457
1222
1021
12 2243
1860
485
611
1475
1302
2777
For twenty years, that is, from 1753 to 1773, nothing of importance occurred that would be worth relating. The people pursued the even tenor of their ways. Population gradually increased, new lands continued to be taken up and settled upon, county and town roads were constructed in va- rious parts of the town, to suit the convenience and necessi- ties of the inhabitants. The town was divided into suitable school districts, and school houses erected in each, and vari- ous other improvements were made. The seven years' war between England and France, for the possession of Canada, which commenced in 1756, involved Massachusetts in the contest. Many men, as officers or soldiers, went from this town, to fight the battles of Great Britain and assist her in the conquest of the French possessions, for which they had but very little interest. Some went to Canada, some to Crown Point, Ticonderoga, and other parts, some of whom were destined never to return.
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