USA > Massachusetts > Franklin County > Whately > History of the town of Whately, Mass., including a narrative of leading events from the first planting of Hatfield, 1661-1899 : with family genealogies > Part 13
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In this chapter it is proper to give in full the Act of Incor- poration, as copied from the original parchment, and to insert copies of letters, showing the origin of the name adopted, as well as other official documents of permanent value and inter- est. All these papers are copied from originals in the office of the Secretary of the Commonwealth.
Anno Regni Regis Georgii Tertii Undecimo.
AN ACT for erecting the northerly part of the town of Hat- field, in the County of Hampshire, into a town by the name of Whately.
WHEREAS the inhabitants of the northerly part of the town
I37
of Hatfield, in the County of Hampshire, have made application to this Court, that the northerly part of said town may be incor- porated into a distinct and separate Town,
Be it enacted by the Governor, Council and House of Rep- resentatives,
That the northerly part of the said town of Hatfield, which is contained within the lines and limits following, That is to say, Beginning at the northeast corner of the General Field, there called the North Meadow and Farms, thence in the north line of the said General Field to the northwest corner thereof, from the said northwest corner of that Field the said line to run in a direct course to the southeast corner of the Mill Swamp, which belongs to Moses Dickinson, thence in the south line of the said Mill Swamp to the southwest corner thereof, adjoining there to the east side of that way called the Chestnut Plain road, thence south on the east side of the said way to a point where a line at right angles with the east line of said way and one rod south of the bridge there, called the West brook bridge would intersect the aforesaid east line of the said way; from the said point of intersection to continue such right angular line as aforesaid to the west side of the said way; thence to the northeast corner of the lot laid out to Samuel Kellog in the Third Division of Com- mons; thence west in the north line of the said lot to a point at which a line parallel to and half a mile distant from the east line of the Three Mile Additional Grant, so called, would intersect the said north line of the lot last mentioned; thence in such parallel line last mentioned to the District of Con- way; thence in the line dividing between Hatfield and the town of Deerfield and District of Conway to the Connecticut River ; thence on the west side of the said River to the station first mentioned; be, and hereby is, erected into a separate Town by the name of Whately: And that the inhabitants of the said town be, and are hereby invested with all the powers, privileges, and immunities that towns in this Province enjoy by law, that of sending a Representative to the General Court only excepted : And that the said town of Whately shall have full right and liberty from time to time, to join with the town of Hatfield in the choice of Representative, to be chosen of the towns of Hatfield or the said town of Whately indifferently, to represent them in the General Assembly : And that the said town of Whately shall from time to time bear their proportion
I38
of the expense of such Representatives with the said town of Hatfield, according to their respective proportion of the Prov- ince tax : And the freeholders and other inhabitants of the said town of Whately shall be notified of the time and place of elec- tion, by a warrant from the selectmen of Hatfield directed to the constable or constables of the said town of Whately, requiring such constable or constables to warn the freeholders and other inhabitants of the said Whately qualified to vote in the choice of a Representative, to meet at the time and place of election, which warrant shall be returned by such constable or constables, with certificate of his or their doings thereon, to the selectmen of the town of Hatfield, before the time for holding every such meeting.
PROVIDED nevertheless, and be it enacted, That the inhabi- tants of the said town of Whately shall pay their proportion of such Province, County and Town Taxes as already set on them by the town of Hatfield, in like manner as though this Act had not been made; and the constables chosen by the town of Hatfield, at their annual meeting in March, anno domini one thousand seven hundred and seventy, are hereby fully author- ized and impowered to levy and collect all such taxes assessed upon the inhabitants and lands in the said town of Whately, and are directed to pay in the same in the same manner they would and ought by law to have done, had not this Act been made.
PROVIDED nevertheless, and be it further enacted, That the treasurer of the town of Hatfield be, and he is hereby impow- ered and directed to pay the town treasurer of the said town of Whately, and for the use of the said town, such a proportion of the sum of Thirty Pounds, which was raised by the town of Hatfield at their meeting on the first Monday in December last, for providing Preaching in the said town of Hatfield in the year then next ensuing, as has been assessed upon the inhabitants and lands within the limits of the said town of Whately, agree- able to the List last taken by the assessors of Hatfield; and the treasurer of the said town of Whately is hereby fully authorized and impowered to demand and receive of the treasurer of Hat- field such proportion of the said Thirty Pounds as aforesaid.
And be it further enacted, That William Williams, Esq., be, and hereby is impowered and directed to issue his warrant to some principal inhabitant of the said town of Whately, requir- ing him to warn the inhabitants of the said Whately, qualified
139
as hereinafter mentioned, to meet at some suitable time and place in said town, to choose such officers as towns in this Prov- ince are impowered and enjoined by law to choose in the month of March annually, which they are hereby impowered to choose at such meeting.
And be it further enacted, That the inhabitants of the said town of Whately, who in the last tax in the town of Hatfield were rated one-half part so much for their Estates and Faculties as for a single Poll, shall be allowed to vote in their first meet- ing, and such other meetings as may be called in the said town of Whately, until a valuation of Estates shall be made by assess- ors there.
And be it further enacted, That no person happening to reside or be within the limits of the said town of Whately, at the end of the present session of this Court, who would not then have become an inhabitant of Hatfield had not this Act been made, shall become an inhabitant of the said town of Whately, or have legal claim or right to any of the privileges of an inhab- . itant there, anything herein before contained to the contrary notwithstanding.
And the said town of Whately shall be, and hereby is fully impowered to proceed with all such persons residing there, who at the end of the said present session of this Court, would not have been inhabitants of Hatfield, in the same manner the town of Hatfield then, or at any time before, might have proceeded with them touching their removal. Consented to by the Gov- ernor, April 24, [ as appears from the Journal, not actually signed till April 26], 1771.
Thomas Sanderson, Justin Morton and Ebenezer Barnard asked consent of the town, I Dec., 1806, to be set off to Whately, giving the bounds. The town refused its consent. The peti- tioners, failing in that, applied to the General Court and in Jan., 1808, the Legislature ordered notice to be served on Deerfield and Whately. Deerfield held a town meeting and chose a commit- tee of three to oppose the petition. The petitioners sent another petition, dated May 8, 1809. Again Deerfield opposed it, and again was an order of notice served on both towns. Deerfield chose another committee of three of her most influential citizens to oppose the annexation to Whately, but the state granted the prayer of the exultant petitioners and, 5 March, 1816, the deed was done, though bitterly opposed by Deerfield.
140
AN ACT to set off Thomas Sanderson and others from Deerfield and annex them to Whately.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of the same, That from and after the passage of this Act, Thomas Sanderson, Ebenezer Barnard and Justin Morton, with their polls and estates, together with the lands and the inhabitants thereon, within the limits hereafter described-that is to say, Beginning at the southwest corner of Thomas Sanderson's land in the north line of Whately, thence running northerly on a line parallel with the original east line of Conway to the north line of Lot Num- ber Sixteen in Long hill, west Division, so called, thence run- ning eastwardly on the north line of said Lot No. 16 to the east end of Justin Morton's land, thence southerly on the east line of Justin Morton's land, to the south line of William Tryon's land, thence eastwardly on the south line of William Tryon's land, to the east side of the County road leading from Deerfield to Whately, thence southwardly on the east line of said County road, to the north line of Whately, including all lands within the said running line and the north line of Whately, be, and they hereby are set off from the town of Deerfield, and annexed - to the town of Whately.
Passed 5 March, 1810.
The sixteen Deerfield lots, contained in the section annexed to Whately in March, 1810, were as follows :
No. I. Nathaniel Shurtliff, 1234 rods wide.
No.
2.
Samuel Hinsdale,
18
rods wide.
No. 3. Thomas Root,
5 14 rods wide.
No. 4. Joseph Selden,
1972 rods wide.
No. 5. William Barnard,
2I rods wide.
No. 6. John Hinsdale,
12 rods wide.
No. 7. Thomas Selden,
472 rods wide.
No. 8. Thomas Allison,
15 rods wide.
No. 9. Joshua Catlin,
1912 rods wide.
No. 10. Zacharia Field,
1972 rods wide.
No. II. Joseph Brown,
1372 rods wide.
No. 12. Richard Weller,
9 rods wide.
No. 13. Thomas Hunt,
6 rods wide.
No. 14. David Belding, 15 rods wide.
No. 15.
John Broughton,
IO12 rods wide.
No. 16. Benjamin Barrett, 15 rods wide.
216
The above lots are in what is known as Long hill division and the names are those of the original proprietors, about 1700.
141
THE NAME OF THE TOWN. It is a singular fact that the . origin of the name, WHATELY, has been hitherto wholly un- known. No tradition, or conjecture, has existed in relation to it. The memory of a single individual, in 1848, furnished the writer with the following hint : Mr. Oliver Graves (born 1761) said, "I was ten years old when Mr. Salmon White came to our house and read the warrant for the first town meeting. My father asked him why it was called Whately ?" He answered, "It is the name of a man." The inference from this incident, as well as from the absence of any tradition, is, that the name was not suggested by the inhabitants of the territory. An ex- amination of the records and files of the General Court for 1771, renders it pretty certain that no petition for an Act of incorpo- ration, signed by residents, was sent in. The wording of the preamble seems to imply that there was no such petition "Have made application to this Court," probably through Israel Wil- liams, Esq., the representative from Hatfield for that year. And the original draft of the Act of incorporation discloses the singular fact, that the bill passed through its several read- ings in the lower House, and received the concurrence of the Council, with the name left in blank. The inference is, that the name was not selected by the House of Representatives nor by the Council. And further examination shows that the name was not inserted on the parchment by the engrossing clerk, but was inserted by the Governor, in his customary handwriting when it was presented to him for his official signature. This gives the clew to the man for whom the town received its name.
From letters preserved in the State Archives, it appears that a gentleman by the name of Thomas Whately was at this time connected with the British government ; that he took a special interest in, and was thoroughly conversant with the affairs of the Massachusetts Colony, and was an intimate friend and trusted adviser of Governor Hutchinson. There is hardly room for doubt that the Governor inserted the name Whately in the Act of incorporation, out of compliment to his London friend.
The letter above alluded to is here inserted, partly for its historic value, as throwing light on the British view of our polit- ical affairs, and partly as a memorial of a man of whom nothing has hitherto been known by us, and in whom every citizen of the town must feel a personal interest :
LONDON, IIth February, 1769. SIR :- I have deferred answering your favors of 17 October
142
· and 10 December till the consideration of American affairs was over : I am sorry to say how little has been done ; I am afraid no more is intended. I will therefore give you a full, tho' I doubt not a satisfactory account of our proceedings, as I appre- hend for ye winter.
The manner in which Mr. Danforth's petition was received appears in the votes of 23 January. The manner in which it had been obtained was known to ye Ministry, and stated to the House ; but their great desire to admit some American petition induced them to receive it, entering it only as a petition of indi- viduals, not of the Council; to some, however, the implied assertion of the Right, was an insuperable objection ; the Minis- ters overlooked it, and yet the next day insisted on rejecting a petition of Mr. Bollan, tho' perfectly innocent, and tho' because it was so, Mr. Grenville with many more strongly pressed to have it received.
These were all the material events previous to the consider- ation of the Rosolution and Address sent down by the Lords. The Commons have agreed to them, with some amendments in point of accuracy. I cannot pretend to state to you all that passed in two days' debate upon them; tho' inefficacy and the locality of the plan proposed were much insisted on; Lord Rockinham's and Lord Shelburne's friends objected to the whole; Mr. Grenville, tho' he ridiculed and disapproved of such plan for such a crisis as much as any body, and particularly urged the absurdity of exasperating a deluded people with angry words, while the Tameness of the measure would encourage them, yet as the facts had been stated by the Lords, he would not, by a negative to the Resolutions, give any reason to sup- pose that he countenanced the transactions therein condemned : nor, on the other hand, by assenting to the Address, shew any approbation of a measures so inadequate to the occasion. You will easily see what must have been suggested on these topics. I will not trouble you with arguments which so obviously occur, but confine myself to what was said on the Statute of Henry the Eighth. They who oppose the whole plan, generally not uni- versally, disputed the application of the Act to the Colonies: it was passed before they existed : the Title and the preamble pre- vent such an application, unless upon admission that ye Colonies are not within the King's dominions. Some doubted whether it was an existing law, but that point was given up. Mr. Gren- ville declared that he, upon the words of the preamble and title had been inclined to think the Statute not applicable, and won- dered the Ministers had not rather rested on the Statute of Edward the Sixth, which was less doubtful ; but said that the precedents and authorities cited by the Attorney General had convinced him that the Act did extend to every part of the King's dominions. Those authorities were many. In O'rooke's Case, reported in Anderson, the twelve Judges were unanimously of opinion that the Act extended to treasons committed in Ire-
I43
land, tho' there is a separate parliament, and every species of Jurisdiction for constituting and trying any offences. Lord Hale in many passages maintains that treasons committed in Ireland and Guernsey and in the Remains of the Duchy of Normandy are triable under that Statute in England : Even a Peer of Ire- land, tho' amenable there only before the House of Lords, may be and often has been tried here by a common Jury. At the latter end of Queen Anne's reign, one Kirby was bro't from Antigua to be tried on that statute here, for a treason commited there. The proceeding was on an opinion of Northey, Attorney General, and Raymond, Solicitor General, and passed ye Coun- cil, when Lord Chancellor Harcourt and Lord Chancellor J. Parker, afterwards Lord Chancellor Macclesfield, were present ; he was indicted and pleaded, as appears from ye Record of King's Bench, but afterwards broke prison. Not one Lawyer in the House supported a doctrine contrary to such authorities : As I cite them from memory, you will pardon any little inaccu- racies: In ye material points I am exact, and I thought you would wish to be furnished with them as, after debate upon the subject here, I conclude it will be a matter of controversy with you.
I do not hear of any design to bring in a bill to explain or amend ye Mutiny Act, though I have not been wanting to sig- nify thro' proper channels ye difficulties which you have in- formed me occur in ye execution of it : but perhaps they stay till further experience has shown ye whole extent of what may be necessary to alter. I fear all parliamentary proceedings rela- tive to America are at an end for the present, and that this, with the long letter I wrote you on the 14 Nov. is the whole history of ye session. As to ye Ministerial measures, tho' when Parlia- ment was called upon to approve of them ye Ministers were in return called upon to declare, whether they meant to abide by them, especially ye suspension of ye Assemblies, no answer could be obtained, but there has not appeared the least idea of withdrawing ye Troops from Boston, nor will the last Revenue Law be repealed, or I believe altered, whilst the right to impose duties is questioned. The opinion without doors on the claims of the Colonies, and the behaviour of ye Bostonians seem to me the same as they have been for some time past, and the concur- rence of ye other Colonies in the Principles of Boston only con- firm those opinions.
I have the honour to be, with great respect, Your most obe- dient, humble serv.,
THOMAS WHATELY.
To The
HONORABLE LIEUT. GOV. HUTCHINSON.
Since these pages were prepared for the press, the following letter has been discovered among some old papers in the State Department. It explains itself ;
I44
BOSTON, 14 May, 1771.
DR. SIR :- Permit me to congratulate you upon the honour done you in your late appointment. It is what I have long wished for, and I hope the junction of so many of Mr. Gren- ville's friends will strengthen Government and render the pres -. ent Administration of long continuance. A durable Ministry, and a few examples in England of punishment for the seditious principles and practices so prevalent there, would discourage the disturbers of the peace here. They triumph when their cor- respondents write that you are in danger of a great convulsion : as soon as their hopes of it are over, they are depressed and hide their heads.
Among the Acts passed in the late session of the General Court, you will see one for incorporating a Township by the name of Whately. This is but a poor mark of respect. I wish it may be in my power to give you further proof of my being, with very great regard and esteem,
Sir, Your most humble and most obedient servant,
T. HUTCHINSON.
THOMAS WHATELY.
There is a natural desire to know who lived in Whately, who owned houses here, and what were their pecuniary circum- stances when the town first started. And as a full, accurate and reliable account of the condition of affairs at this date, the following List of the Polls and Estates of the inhabitants of the Town is here subjoined. Though the month is not given, it was evidently made out in May, 1771. It will be seen that some early settlers are not included in the list. Lieut. Ebenezer Bardwell was at this date a resident of Deerfield. Adonijah Taylor and Gideon Dickinson were living north of the line, in what was afterwards annexed to the town from Deerfield. Noah Wells had probably removed, temporarily, to the Equivalent Lands, afterwards Hawley. Joel Dickinson had removed to Conway. Capt. Lucius Allis had removed to Conway.
I45
POLLS AND ESTATES, WHATELY, 1771.
Polls.
Dw'l'ng Horses. Cows. Oxen. Houses.
Bushels No. acres Grain. Tillage Land.
Daniel Morton
2
I
I
3
2
I59
I2
Oliver Graves
2
I
I
2
2
130
I3
David Graves
I
I
2
2
80
I2
Elisha Belding
1
J
2
60
II
John Crafts
I
I
2
I5
3
Joseph Crafts
I
I
15
3
Israel Graves
1
I
I
2
2
33
51/2
Simeon Wait
2
I
2
4
2
200
20
Henry Stiles
I
I
I
2
64
4
Oliver Morton
I
I
I
2
4
85
Benj. Smith, Jr.
I
I
I
48
8
Moses Crafts
I
3 sheep
Peter Train
I
I
I
2
2
45
5
Edward Brown
3
I
3
6
2
26
4
Abraham Turner
2
I
3
2
24
4
Benoni Crafts
I
I
I
2
I
35
5
Paul Belden
I
I
I
2
2
24
3
Ezra Turner
I
I
2
I6
2
Hosea Curtis
I
I
2
Joseph Kellogg
I
I
Joseph Belding, Jr.
T
I
2
3
2
150
23
Nathaniel Sartle
I
I
I
2
60
I2
Thomas Sanderson
2
I
I
3
2
164
24
Nathaniel Coleman
I
I
Abel Parker
I
I
2
140
20
Jonathan Smith
2
I
I
2
2
39
6
Elisha Frary
I
I
I
3
2
30
5
Lemuel Wells
I
I
2
John Wait
2
I
I
I
I 132
22
Joseph Scott
3
I
I
I
84
14
Seth Wait
I
I
I
3
4
140
20
Thomas Crafts
I
I
2
2
80
8
Philip Smith
I
I
I
2
86
I6
David Scott
3
I
2
2
4
88
II
Noah Bardwell
I
I
I
4
4
48
6
Paul Smith
I
I
I
I
32
4
Nathan Graves
2
I
I
2
2
56
8
Wid. Lois Parker
I
I
I
3
4
35
7
John Wait, Jr.
I
2
I
2I
3
Joshua Beldin
I
I
I
3
140
20
146
Polls. Dw'l'ng Houses.
Horses. Cows. Oxen.
Bushels No. acres Grain. Tillage Land.
Benjamin Scott
2
I
2
3
140
23
Benj. Scott, Jr.
I
I
I
I
2 119
I7
Elisha Smith
2
I
I
2
80
IO
Martin Graves
I
I
I
I
71
IO
Salmon White
I
I
I
3
2
88
II
Perez Bardwell
I
I
2
I
56
8
Samuel Carley
I
I
Benjamin Smith
3
I
I
I
66
II
Thomas Allen
I
I
I
I2
2
William Kellog
I
I
John Graves
I
Elihu Graves
I
David Scott, Jr.
I
I
NON-RESIDENTS.
Elisha Allis
I
40
5
Nathaniel Hawkes
I
Acres Acres English Pasturage Mowing
Acres English Mowing
Acres Pasturage
Daniel Morton
12
20
Jona. Smith
6
7
Oliver Graves
6
12
Elisha Frary
7
I2
David Graves
3
5
Moses Frary
6
Elisha Belding
2
4
John Wait
7
2
John Crafts
IO
Joseph Scott
2
5
Israel Graves
4
26
Seth Wait
6
16
Simeon Wait
I3
20
Thomas Crafts
9
8
Henry Stiles
6
8
Philip Smith
6
6
Oliver Morton
II
25
David Scott 18
12
Benj. Smith, Jr.
9
Noah Bardwell
6
· 30
Peter Train
6
20
Paul Smith
3
20
Edward Brown
6
20
Benj. Scott
7
Abraham Turner 16
4
Elisha Smith 3
Benoni Crafts
6
7
Martin Graves
5 3
Paul Belding
6
I2
Salmon White
II
18
Ezra Turner
I
1 1/2
Perez Bardwell 20
8
Hosea Curtis
6
John Graves 30
Jos. Belding, Jr. IO
IO
David Scott, Jr.
·6
Nathaniel Sartle 41/2
Nathan Graves II
18
Thos. Sanderson 9
3
Wid. Lois Parker 6
3
Abel Parker
4
IO
Joshua Beldin
IO
30
.
147 \
Acres Acres
Acres English Pasturage Mowing
Elisha Allis
20
60
Eliakim Field
14
Nathaniel Hawks
4
Medad Field
IO
Reuben Belden
8
Samuel Church
8
Gideon Dickinson
31/2
Noah Nash
30
Simeon Morton
I2
Elijah Dickinson
I6
Noah Coleman
30
Benj. Wait
8
Abner Dickinson
I6
Jonathan Morton
II
Eleazer Frary
2
Moses Wait
4
Daniel Graves
II
Israel Williams Esq.
30
Sam'l Dickinson 14
30
David Morton
16
Rem'br'ce Bardwell
30
Oba. Dickinson
20
Eleazer Allis
3
Mary Smith 20
Elijah Morton
3
Joseph Smith
6
Joseph Billings
8
Elisha Wait
2
David Billings
8
Benj. Wait, Jr.
9
Jonathan Allis
28
Moses Frary
6
Four residents were not taxed, viz .: Rev. Rufus Wells, Joseph Sanderson, Sr., Joseph Belden, Sr., Richard Chauncey. Of the non-residents, Eleazer Frary had 6 acres of tillage land and raised 48 bushels of grain; Daniel Graves had 572 acres and 38 bushels; Obadiah Dickinson had 7 acres and 42 bushels ; Mary Smith had 10 acres and 90 bushels; Benjamin Wait, Jr., had 3 acres and 21 bushels. Edward Brown had a sawmill; Reuben Belden, a sawmill and gristmill; Paul Belden had a tan house.
SUMMARY.
Number of Polls, ratable
71
Number of Polls, not ratable
4
Number of dwelling houses
40
Number of tan houses
I
Number of horses
45
Number of cows
99
Number of oxen
64
Number of sheep
375
Number of swine, over three months old
56
Number of bushels of grain raised
3495
Number of barrels of cider made
17
Number of tons of English hay
1821/2
Number of sawmills, 2 ; gristmills, I
3
Number of non-resident land owners 32
Acres
NON-RESID'TS English
Pasturage
Mowing
I48
Though a little out of their proper places yet, for the sake of ready comparison, the following certificate and assessors re- turn are inserted here :
This may certify that the number of males from sixteen years old and upwards in the town of Whately is one hundred and six (106) white persons and two (2) negroes.
JOSEPH BELDING, Selectmen
JOHN SMITH, of
OLIVER GRAVES, Whately.
Whately, Jan. 20, 1777.
VALUATION OF ESTATES AND POLLS IN WHATELY, AS ESTAB- LISHED BY THE GENERAL COURT, 1786.
Number of Polls, ratable 135
Number of Polls, not ratable
6
Number of dwelling houses '68
Number of tan house
I
Number of gristmill-Samuel Belden
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