History of the town of Milford, Worcester county, Massachusetts, from its first settlement to 1881, Part 11

Author: Ballou, Adin, 1803-1890
Publication date: 1882
Publisher: Boston : Rand, Avery, & co.
Number of Pages: 1328

USA > Massachusetts > Worcester County > Milford > History of the town of Milford, Worcester county, Massachusetts, from its first settlement to 1881 > Part 11

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HISTORY OF MILFORD.

in the Negative." So by a majority of seven the movement was defeated. The combatants now returned to their tents, and the agita- tion slumbered for another twelve years; during which period the grander agitation of colonial separation from Great Britain absorbed all lesser concerns. It is likely, too, that the profound excitements and onward march of events developed by the Revolutionary struggle ripened public sentiment in all parts of Mendon for a municipal change. Be this as it might, the project of transforming the easterly precinct into a town was revived in 1779, amid the thunders of the war, and this time with success.

It seems that a respectful request was laid before the Town in sea- son for deliberate consideration at the regular March meeting of 1779, and was responded to by the majority favorably. The record stands thus : " Mendon, March 1st, 1779. At the Anniversary Town Meet- ing for the choice of Town officers and the transaction of other Town business, in pursuance of the following article; viz., To see if the Town will grant the Request of the Inhabitants of the Easterly Pre- cinct in said Town who have petitioned, the Town would consent that said Precinct, with all its Inhabitants and all the lands contained in the same, may be set off as a separate Town. At said Meeting it was put to Vote to see &c. The Vote was tried by dividing the House ; 67 were in the Affirmative, and 60 in the Negative." An- other majority of seven, but the other way. Thus the Town, weary of such persistent importunity, at length yielded its consent. The chief obstacle having been overcome, the Precinct had only to follow out and complete its triumph. April 26 ensuing, "Voted to choose a Committee to draw a Petition to send to the Gen. Court, in order that the said Second Precinct be set off as a Town." "Chose Capt. Gershom Nelson, Jonathan Jones [and] Ichabod Thayer, Jr. for said Committee." "Voted that the above said Committee should carry said Petition to the Gen. Court." Meantime an overture was made by the citizens of the other two precincts for a conference of commit- tees to agree on the terms of separation, so that no misunderstanding might mar the operation in process. The easterly precinct cordially responded, and at a regular meeting " chose Jonathan Jones, Seth Nelson, [and] Ichabod Thayer, Jr., a Committee to consult with the First and Third Precincts' Committee in said Town, to see how and in what manner the Second Precinct . . . shall be set off as a separate Town." This conference resulted in the following

AGREEMENT, MAY 3, 1779.

" ARTICLE 1st. That the Meadow, or land usually flowed by the Mill Pond, formerly occupied by Lieut. William Sheffield, on the North side of

AGREEMENT BETWEEN THE THREE PRECINCTS.

the Country Road, belonging to said Town, shall still remain and continue the property of said Town of Mendon, although said Second Precinct should become a separate Town; and in case said Town of Mendon should have occasion to Eject Jeremiah Kelley, the present occupier of said Pond, or any other person or persons, who may hereafter occupy said lands, from the pos- session of said Premises, or they shall not keep a good Grist-Mill in repair at or near the Premises, agreeable to the original agreement between said Town and Matthias Puffer, and David How, -then the said Second Precinct, although they should become a separate Town, shall have the three eighth parts of what said Town of Mendon shall recover, they the said Second Precinct paying the three eighth parts of the cost and charge that may arise in recovering the same.

ARTICLE 2d. Agreed, that the said Second Precinct draw their equal proportion of the School Money, according to the Valuation of the said Town: also, one third part of the Ministry money belonging to the said Town: also, their equal proportion of the said Town's stock of Arms and Ammunition.

3d. Agreed, that the said Second Precinct take their equal proportion of the Poor maintained by the Town, according to the Tax said Precinct pays: and also, if, after said Precinct is set off as a separate Town, there shall be any Poor sent to this Town from proper authority to be maintained by this Town, and it shall appear that the persons so brought were the usual or original Inhabitants of the said Second Precinct, then the said Second Precinct shall receive and maintain them as their Poor.

4thly. That the said Second Precinct pay their equal proportion of all the charges that have [arisen] or shall arise within the Town of Mendon prior to their being incorporated as a separate Town, of whatever name or nature.

5thly. That if there appears to be a surplusage of money, over and above paying all the Town's debts and charges, when they the said Second Precinct shall become a separate Town, then the said Second Precinct to draw their equal proportion, according to their Valuation."

Covenanted by John Tyler, Peter Penniman, and Aaron Everett, in behalf of the first and third precincts, and by Jonathan Jones, Seth Nelson, and Ichabod Thayer, jun., in behalf of the second pre- cinct. Sanctioned by vote of Mendon without dissent, May 19, 1779. Nothing now hindered, and early the next year followed the

ACT OF INCORPORATION. STATE OF MASSACHUSETTS BAY.

IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED AND EIGHTY.

An Act for Incorporating the Easterly Precinct in the Town of Mendon in the County of Worcester into a Separate Town by the Name of Milford.

Whereas it appears that the Inhabitants of the Easterly Precinct in the Town of Mendon in the County of Worcester labour under many Difficultie

HISTORY OF MILFORD.

in their present Situation, for Remedying of which they Earnestly request they may be Incorporated into a Separate Town.

Be it therefore Enacted by the Council, and House of Representatives in General Court Assembled and by the Authority of the same that the Easterly part of the Town of Mendon, in the County of Worcester bounded as follows, Vizt .: beginning at a heap of Stones on Bellingham Line, on the North of the Country Road, then running West, and bounded South on said Road until it comes to a Road called the eight rod Road, now reduced to a fonr rod Road, then North, and bonnded westerly on said Road, as it is now Stated by the Town of Mendon, until it comes to Upton Line, thence on Upton Line to Hopkinton Line, thence on Hopkinton Line to Holliston Line, thence on Holliston Line to Bellingham Line, thence on Bellingham Line, to the Bounds first mentioned - Be and hereby is Incorporated into a Town by the Name of Milford, and that the Inhabitants thereof be and they are hereby Invested with all the Powers Privileges & Immunities which the Inhabitants of the Towns in this State, do or may by Law enjoy. [For alterations of boundary lines see further along. ]

And Provided Nevertheless, and be it further Enacted that the Inhabitants of the said Town of Milford shall be held to take and maintain their Pro- portionable part of the Poor of said Town of Mendon that are now main- tained as such, or that shall be hereafter Returned from any other Town as belonging to said Mendon before the said Town of Milford was Incorporated.

And Be it further Enacted that the Inhabitants of said Town of Milford shall be held to pay their Proportionable part of all Town County and State Taxes that are already raised, or granted, to be assessed on the Inhabitants of said Town of Mendon or that shall be granted to be assessed on said Town of Mendon during the present Sitting of the Great and General Court, and be held to repair & Build one half of the Bridges and mend and repair one half the Roads on which they are bounded lying in the Town of Mendon forever.

And Be it further Enacted that all the Proprietors belonging to the Pro- priety of the Town of Mendon, that shall be Incorporated into the Town of Milford shall hold all their Common Rights in the Common and Undivided Lands in the Propriety of the former Township of said Mendon as though they had not been set off into a Separate Town -- And their Proportionable part of the Ministry and School Money belonging to said Town of Mendon that have accrued to them by the Sale of the School and Ministry Land.

And Be it further Enacted That Joseph Dorr Esq": be and he is hereby directed and empowered to issue his Warrant directed to some Principal Inhabitant of said Town of Milford requiring him to warn the Inhabitants of said Town of Milford qualified by Law to Vote in Town Affairs to Assem- ble and meet at some Suitable time and Place, in said Town to choose all such Officers as Towns by Law are Required and impowered to choose in the month of March Annually, and to Transact all other matters & Business necessary to be done in said Town.

IN THE HOUSE OF REPRESENTATIVES April 11, 1780. - This Bill hav- ing been read three several times, pass'd to be enacted.

JOHN HANCOCK, Speaker.

TOWN INCORPORATED-ALTERED BOUNDARIES. 87

IN COUNCIL April 11, 1780. - This Bill having had two several readings - passed to be enacted.

JOHN AVERY, D. Sec'yr.

We consent to the enacting of this Bill.

JERE. POWELL. B. WHITE.

ARTEMAS WARD.

T. DANIELSON.

WALTER SPOONER. H. GARDNER.

S. ADAMS. TIM. EDWARDS.

T. CUSHING.

SAML. NILES.

JABEZ FISHER.

A. FULLER.

MOSES GILL. JNº. PITTS.

NOAH GOODMAN.

COMMONWEALTH OF MASSACHUSETTS.

SECRETARY'S DEPARTMENT, BOSTON, July 17, 1876.

A true copy: Witness the Seal of the Commonwealth.

HENRY B. PEIRCE, Secretary of the Commonwealth.

ALTERATIONS OF BOUNDARY LINES.

Perhaps this is the proper place for stating what alterations have been made in our boundary lines since the town was incorporated. The terms in which its boundaries are described in the foregoing Act, though general, were well understood by the municipal parties con- cerned. Yet occasions arose for more specific demarcations here and there, and ultimately for somewhat important alterations. The laws required frequent perambnlations of lines by the selectmen of adjoining towns, and renewal of bounds, or at least renewed acknowl- edgment of permanent monuments. Our records contain many speci- fications of such perambulations. In some instances, where the case seemed to require it, exact courses and distances are given, as traced by competent surveyors ; but, in the majority of instances, the lines and monuments are described in general terms. I shall not go into mensural niceties in any case further than seems to me necessary to make alterations well understood.

The first instance in which a boundary line was thought to require re-adjustment occurred between Milford and Mendon. That section of the line from Upton that crossed North Hill, so called, was quite obscure and questionable. Therefore the two towns chose committees to examine and settle the matter. Their report was as follows : -

" MENDON, Nov. ye 29th, 1794. Then we the subscribers, Committee of Mendon & Milford, Met & settled the line between the Town of Men- don & Milford (over the North hill, so called); beginning at a heap of stones,

HISTORY OF MILFORD.

being the southeast corner of Paul Nelson's land; thence North 37 rds. East, 40 Rods to a Walnut Tree with a heap of stones round it; thence South, 26§ Ds. East, 196 Rods to a White Oak Tree, being the Northeast Corner of Seth Davenport's land, on the south side of the Road leading from the widow Tyler's to Milford. Philip Ammidon, Seth Chapin, Luke Aldrich, Committee of Mendon. Ephm. Chapin, Ichabod Thayer, Jr., Committee of Milford." .March 3, 1795, Milford " Voted to accept of the line as settled between Mendon & Milford, as agreed by the Committee for that purpose." Town Records, vol. i., pp. 175, 173.

About the same time, when all the towns in the Commonwealth were required to make plans of their areas returnable to the State archives, the measuring committees of Milford and Upton found it very desirable to straighten a part of their line by exchanging small parcels of land. They did so, reported their agreement to their respective towns, and got the same sanctioned by vote. Milford sanctioned it at the very same meeting above specified in relation to the Mendon line. "Voted to accept of the Exchange of land be- tween Upton & Milford, Agreeable as it stands Recorded in the 6th article in the Preceding warrant." That article reads thus : "To see if the Town will accept of the Exchange of land with the Town of Upton to straighten the line between the Town of Upton & Milford, as the Committee of Upton & Milford, that was chosen to Measure each Town, have agreed ; which is as follows (viz.) : beginning at a great Rock in the south end of upper North Meadow, on the west side of the River ; thence, Running South 562 ds. West, 215 Rods, to a heap of stones in Wm. Alexander's Pasture ; thence, running South 8 ds, west, 202 Rods to a heap of stones at the end of John Merrifield's wall, on the west side of the Road leading from Lt. Paul Nelson's to the widow Tyler's." Town Records, vol. i., pp. 173, 171.

In the year 1829, by Act of Gen. Court, the boundary line between Holliston and Medway was so changed that the latter became one of our immediate neighbors on the east. But this did not affect our original boundary in that quarter, Medway merely taking the place of Holliston on a part of the old line.

In 1835, March 27, an Act of Gen. Court made a somewhat im- portant alteration of our boundaries on Hopkinton and Holliston, by which we gained some territory and several families. Fruitless attempts had been made for several years to straighten the Hopkinton line, and to accommodate the families of Wild-Cat neighborhood, so called, with better school advantages ; those families dwelling incon- veniently in the isolated corners of the three towns. The Act of

ALTERED BOUNDARIES- TOWN ORGANIZATION.

Gen. Court was designed to obviate these difficulties. It determined as follows : " That the dividing lines between the towns of Milford, Holliston and Hopkinton shall be altered, and shall hereafter be es- tablished as follows, to wit: beginning at a heap of stones on the line between the towns of Milford and Hopkinton, at the road near the dwelling house of Samuel McFarland ; thence easterly about one and three fourth miles to a stone monument by the side of Deer Brook, so called ; thence north, sixty and a half degrees east, twenty five rods on the line between Hopkinton and Holliston ; thence due south until it comes to the line between Holliston and Milford ; and that part of said Milford, which lies north of the first mentioned line, shall hereafter belong to Hopkinton, in the county of Middlesex ; and that part of Hopkinton, which lies south of said first mentioned line, shall hereafter belong to Milford, in the county of Worcester; and that part of said Holliston, which lies west of the last mentioned line, shall hereafter belong to said Milford."

The last alteration was made by Act of Gen. Court, Apl. 1, 1859. It was entitled " An Act to alter the Boundary Line between the Towns of Holliston and Milford." It enacted thus : " The dividing line between the towns of Milford and Holliston shall be altered, and shall hereafter be established as follows, to wit: beginning at a point on the lines between the towns of Holliston and Hopkinton, sixty four rods easterly from the northwest corner of Holliston, and run- ning southerly until it comes to a point on the line between the towns of Holliston and Milford, 132 rods and 15 links easterly from the southwest corner bound of Holliston ; and that part of Holliston, which lies west of the above described line, shall hereafter bc annexed to and belong to the town of Milford."

ORGANIZATION.

Pursuant to his nomination in the foregoing Act, Joseph Dorr, Esq., of Mendon, issued his warrant under date of April 25, 1780, for Mil- ford's first town-meeting. It was to be held at the meeting-house on the first day of May : " I. To choose a Moderator : II. To choose Town officers according to Law." The warrant was directed to, and served by, Jona. Jones ; being duly posted at the meeting-house. This first town-meeting and its proceedings are set forth in the fol- lowing record : -

" MILFORD, May 1, 1780. The above said Town met, being legally as- sembled. Voted and chose Joseph Dorr, Esq., Moderator; Caleb Cheney, Clerk; Lieut. Jesse Whitney, Caleb Cheney, Warfield Hayward, Ebenr. Read [and] Stephen Albee, Selectmen; Lieut. Jesse Whitney, Caleb Cheney,

HISTORY OF MILFORD.

Warfield Hayward, Ebenr. Read [and] Stephen Albee, Committee of Corre- spondence; Caleb Cheney, Treasurer; Ens" Adams Chapin, Capt. Ichahod Thayer, Jr. [and] Moses Chapin, Assessors; Lieut. Joseph Cody [and] Oba- diah Wood, Constables; Jona. Jones [and] Lieut. Josiah Chapin, Surveyors of highways for the 1st District; Levi Thayer [and] Saml. Davis, for the 2d District; Boyce Kimball, for the 3d District; Dr. Elias Parkman, for the 4th District; Capt. Gershom Nelson [and] Capt. Saml. Warren, Tything-men; Capt. Ichahod Thayer, Jr , Oliver Daniell [and] Joseph Jones, Jr., Fence Viewers; Capt. Gershom Nelson, Sealer of Lumber; Jesse Hayward, Sealer of Leather; Amos Shepherdson, Nathl. Saunders, Caleb Boynton, Jr., [and] Ephraim Hayward, Hog-reeves; [and] Dea. Abijah French, Deer-reeve."

Thus our town was organized with all the requisite legal formali- ties, and auspiciously started on its municipal career. Its citizens and officers were mostly of the third and fourth generations from the first settlers, concerning whom I have treated in the earlier chapters.

GENERAL STATUS OF AFFAIRS AND RESPONSIBILITIES ASSUMED.

At its incorporation our young town had a population of about seven hundred and sixty souls, perhaps a hundred and fifty families, and about a hundred and fifty-two legal voters. They possibly had a few more than a hundred and twenty dwelling-houses, such as they were, widely scattered, and situated on some fifty old-fashioned, crooked, and ill-graded roads or town-ways of various designation. At that time, the main thoroughfare between Mendon and Holliston, known as " the Sherborn road," always our most populous highway, had only about twenty residences. No public schoolhouse had then been erected within our limits. The only public edifice in town was the precinct meeting-house, forty feet by thirty-five, sadly needing repairs. The inhabitants generally subsisted on the hard-earned prod- ucts of the soil. There were a few mechanical craftsmen, such as blacksmiths, carpenters, tanners, shoemakers, tailors, clothiers, etc., - paid oftener in farmer's produce than money. As to manufactur- ers, now so called, there were none. What the total of ratable property was, I have found no certain means of estimating ; but it must have been comparatively small. At the same time, the country was but just past the midnight of the Revolutionary war, straitened in all its resources, and sweating at every pore an effusion of blood. So Milford was born into the municipal family in perilous times, and amid many seemingly unpropitions circumstances. Nevertheless her people were ambitious, brave, and hopeful. They confidently ex- pected a better future, and assumed their new responsibilities with fearless resolution. Among these responsibilities I will indicate a few of the principal : -

AMICABLE RELATIONS WITH OTHER TOWNS.

An honorable settlement with the mother town, according to pre- vious agreement and the Act of Incorporation. Certain funds, debts, and credits must be equitably divided ; the belongings and mainte- nance of the poor must be justly arranged and provided for ; frontier roads must be properly ascertained, and repaired in dne proportions ; and numerous minor adjustments made. All these matters were amicably settled with reasonable promptitude. The two towns chose committees of conference, who very satisfactorily accomplished their work, and reported to their constituents under date of March 26, 1781. The following-named citizens acted on these committees : For Mendon, John Tyler, John Albee, and Peter Penniman ; for Milford, Samuel Warren, Jona. Jones, Ichabod Thayer, jun., and Samuel Jones. Without copying their report, it may suffice to say that it shows their settlement to have been eminently fair and conclusive. It appears to have commanded universal approval ; but, in the nature of things, it was impossible to foreclose all incidental questions liable to arise. Accordingly we find subsequent minor settlements succes- sively recorded. One of these related to certain debts, dues, and securities, which had to be divisionally accommodated. This was effected by a joint committee, to mutual satisfaction, Dec. 19, 1781. Another of a similar nature took place in like manner, Feb. 22, 1782. Still another followed, concerning certain poor families and persons sent back from other towns for maintenance, a part of whom were natives of our territory. This occurred Jan. 18, 1785.

With the neighboring towns generally young Milford was on terms of amity and good-fellowship, excepting certain lawsuits about pau- pers. The most important of these was with Stow, which will be noticed in another place. In respect to the great distresses of that period, arising from the depreciation of paper-money, high taxes, and the almost utter impossibility of meeting financial exigencies, our people sympathized warmly with the suffering citizens of Worcester Co., and the Commonwealth at large. They were represented in several conventions held on that subject in Worcester and other places ; but when the more violent resorted to arms in the deplorable Shay's Rebellion of 1786, they remained loyal, and joined in suppress- ing the malecontents ; yet they were averse to vindictive measures against the subdued. This will appear to their credit from the fol- lowing record under date of Jan. 29, 1787 : --

" Voted to send a Petition to the General Court; viz. To the Honorable the Senate and the Honorable the House of Representatives in Gen. Court assembled now sitting at Boston; most humbly and respectfully sheweth; That your Petitioners, being deeply impressed with a sense of Loyalty,

HISTORY OF MILFORD.

Peace and good Order, and being desirous to prevent a further effusion of human blood, humbly pray, notwithstanding we utterly abhor and detest every measure subversive of Order and Good Government, that a Proclama- tion may be immediately issued that all those who have heretofore arisen to oppose the sitting of the Courts of Justice in several Counties of this Com- monwealth, and all those who are now under arms in opposition to the Authority of the same, on condition they shall disperse and return to their several homes and behave themselves peaceably in future, may not be mo- lested in their Persons or Property in consequence of what they have here- tofore done: and your Petitioners in Duty bound will ever pray."

In relation to the Commonwealth and Nation, Milford illustrated a uniform allegiance, fidelity, and obedience to the laws. It must not be forgotten that it became a town amid the struggles of the Revolu- tionary war. Its citizens had evinced a lively and patriotic interest, in common with those of the parent-town, in all that concerned the induction and prosecution of that great contest for American inde- pendence. Now they assumed separate municipal responsibilities for its prosecution just before the dawn of success. Their quota of soldiers and warlike supplies was assigned to them. They must contribute men, food, and clothing, as called for, in their due pro- portion. On this point I refer the reader to the account of "town action " in Chap. VII., where will be found a condensed statement of the various votes passed by the Town, relating to soldiers and warlike supplies furnished in response to governmental requisitions during the latter years of the war. That series of votes will suffice to show the patriotism, zeal, and fidelity which the Town constantly exhibited during the Revolutionary war and subsequent military vicissitudes. Meantime its selectmen were made ex-officio a Committee of Corre- spondence, train-bands were patronized, and stores of ammunition liberally provided. In civil affairs there was an equally devoted interest. It was a time of organic reconstruction in the Common- wealth and Nation. The State Constitution, with its noble Bill of Rights, was adopted in 1780, and all the towns were called upon to consider the public good. New machinery was put in motion, and the municipalities of the State must be governed accordingly. Soon after this came the new Federal Constitution, to be considered in the several State Conventions. Being adopted, its new organism was to be operated. In all these grave concerns Milford honorably bore its part, unless it were dishonorable, in common with a considerable minority of the Republic, to vote against adopting the new Consti- tution. On this question their action was as follows : Dec. 17, 1787, " Voted and chose Mr. David Stearns a Delegate to sit in Convention

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History of the town of Milford, Worcester county, Massachusetts, from its first settlement to 1881, Part 11

Author: Ballou, Adin, 1803-1890 Publication date: 1882 Publisher: Boston : Rand, Avery, & co. Number of Pages: 1328

Author: Ballou, Adin, 1803-1890
Publication date: 1882
Publisher: Boston : Rand, Avery, & co.
Number of Pages: 1328