USA > Massachusetts > Essex County > Newbury > Ould Newbury: historical and biographical sketches > Part 43
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July 21, 1758, the town of Newbury conveyed to the county of Essex, prison house, work house, and land under and adjoining the same (book 105, page 137).
In 1826, the long-protracted controversy, in regard to the ownership of the common and undivided lands within the limits of the town of Newburyport, was satisfactorily settled : and, October 28 of that year, the proprietors of common land in Newbury, Newburyport, and West Newbury, for the sum of $1,200, gave a quitclaim deed to the town of Newbury-
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BARTLET MALL
port of all the common and undivided lands within the limits of Newburyport : " Reserving the road of one and one half rods wide, laid out on the easterly side of the Middle Ship -. yard or Market landing, so called, from Merrimac Street to the River, ... also a four rod way at the southerly end and a four rod way at the northerly end of Frog Pond from the main street at each end to the Pond ... also a strip of land one rode wide all round said Pond adjoining thereto and on the margin thereof, being for public use and at no time here- after to be appropriated to the private and exclusive rights of said inhabitants " (book 249, page 200).
In the year 1834, the broad and level walk on the westerly side of Frog Pond was laid out and graded by some of the young men of the town, and the embankment, above and below, skilfully covered with turf. In 1882, the house-lot owned by Stephen Hooper in 1771 was purchased by the city of Newburyport for the purpose of extending the area, and adding to the attractiveness, of the public grounds in that vicinity.
The old rail fence that formerly surrounded the mall and pond was taken down in 1883, and, in the year 1884, a granite curbing was placed around the enclosure. Other improvements were proposed, and, under the direction of the Mall Improvement Association, were completed during the years 1888 and 1889.
The statue of Washington at the south end of the mall was presented to the citizens of Newburyport in 1879 by Daniel I. Tenney, Esq., of New York City ; and the bronze fountain in the centre of the pond was the gift of Edward S. Moseley, Esq., in 1891.
MARKET SQUARE.
From the settlement of Newbury, in 1635, to the building of the Third Parish meeting-house, in 1725, the triangular piece of land at the foot of Greenleaf's lane was common land, and is so designated on the map showing the ownership of property in that vicinity for the year 1700. Subsequent changes, and transfer of title to the town of Newburyport, are noted in the sketch of the Third Parish on page 443.
In the month of September, 1801, the old meeting-house was taken down, and the land under and adjoining the same became public property, and now forms what is known as Market Square. This improvement cost the sum of $8,000, the town paying $4,400, and individual contributors and owners of real estate in that locality the balance. A well was dug through the solid rock near the place where the old pulpit formerly stood, and for more than three-quarters of a century a pump of ample dimensions provided water to slake the thirst of man and beast.
The great fire of 1811 swept away most of the buildings then standing on the westerly and southerly sides of the Square, and new stores were afterward erected on the sites thus made vacant. The market-house, now the police-station and engine-house, was built in 1823, and occupies the space at one time known as the Middle Shipyard. On this spot at a later date were numerous stalls for the sale of butcher's meat and poultry. Some years previous to the removal of Rev. John Lowell's meeting-house from Market Square an effort was made to provide better accommodations for the farmers and traders who were accustomed to gather in that locality.
July 2, 1795, the town of Newburyport "voted to choose
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MARKET SQUARE
a committee of seven to consider the proposal made by Mr. Timothy Dexter to erect at his own expense a handsome brick building for a market house on the town's landing, between Judge Greenleaf's and Mr. Andrew Frothingham's land, and to examine into the propriety of the town's accept- ing the proposal and report at the adjourned meeting."
At a meeting of the town held Sept. 1, 1795, the follow- ing report, submitted by Hon. Theophilus Bradbury, was read and accepted : -
The committee appointed to consider the propriety of accepting Mr. Dexter's proposal, beg leave to report that they find that the land upon which said building is proposed to be erected is laid out and established by the Town as a public way or landing, and are therefore of the opin- ion that the town has no authority to permit the erecting such a building thereon.
Apparently no further action was taken by the town in relation to the subject until twenty-five years later. March 12, 1822, a committee was appointed to erect a market- house under certain specified conditions and restrictions. April II, 1822, this committee reported
That they have attended to the subject committed to them and find that. in the year 1771, the spot on which the shambles now stand was laid down by the selectmen and adopted by the town as a town way or landing, for which reason they recommend that the selectmen cause the shambles and other incumbrances upon said landing to be removed within thirty days.
They find farther that on the division of the water lots in the Town of Newbury, as completed in the year 1722, certain of the lots were left for the Towns use, among which is the landing in question, and that the Proprietors of undivided lands in Newbury & Newburyport claim the fee of said landing, the use and occupation of which as a public way has belonged to the Town of Newbury from the time of the division of the water lots above mentioned until the incorporation of this Town, & since then to the Town of Newburyport. On application to the Pro- prietors Committee to see whether they would consent to relinquish their claim on the aforsaid landing, they refused to do it. unless the Town would pay them one thousand dollars, for which sum they offered to give a quit claim deed, under certain conditions, of all the landings in Newburyport and other lands on which they pretended to have a claim ; and, therefore, although your Com" are not fully satisfied of the
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OULD NEWBURY
validity of said claims, yet, as they think it would not be perfectly safe to place a building on land so situated, which is besides a public way, they request to be discharged from the consideration of the subject of Erecting a Market House.
EDM" BARTLETT. EBEN. MOSELEY. ABM" WILLIAMS. CALEB CUSHING.
This report was accepted and the recommendations adopted. Several months later the subject was again dis- cussed at a legal meeting of the citizens of Newburyport ; and, Aug. 5, 1822, the town voted "that the selectmen be authorized to build a market house of brick, one story high, on the spot where the shambles lately stood "; and March 10, 1823, the selectmen were authorized "to take such measures respecting finishing the market house as they shall judge most for the interests of the town and determine what further use shall be made of the same." After due con- sideration the selectmen decided to add another story to the building, provided some responsible person or persons would take a lease of the same on favorable terms. At a meeting of the legal voters of the town held Jan. 17, 1825, it was " voted that the selectmen be authorized to finish the market house at an expense not exceeding one thousand dollars, pro- vided St. Mark's Lodge give security to the town for the payment of the sum of ten per centum rent per annum for the term of ten years and enter into contract that the premises shall only be used for Masonic purposes."
In compliance with this vote a contract was prepared and signed by a committee appointed on the part of St. Mark's Lodge of Free and Accepted Masons ; but, in the meanwhile, other plans and propositions were submitted to the selectmen for the right to complete and use the proposed new hall. At a meeting of the legal voters of the town held Feb. 8, 1825, the following resolve was passed : -
Whereas the committee of St. Mark's Lodge have agreed to relinquish any claim which they may have, by virtue of any votes of this town to the use of the hall over the market, provided the town shall make them . suitable indemnity for their trouble and expenses not exceeding one hundred dollars,
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MARKET SQUARE
l'oted that the town reconsider the vote passed the 17th day of Janu- ary last authorizing the selectmen to finish the hall over the market for St. Mark's Lodge, and the selectmen be authorized to make reasonable indemnity, to said St. Mark's Lodge, not exceeding said sum of one hundred dollars .*
In 1826, the long and troublesome controversy over the title to land under and adjoining the market-house and in the vicinity of Frog Pond was settled, as stated in the sketch of Bartlet Mall, page 620, by the payment of the sum of $1,200 by the town of Newburyport to the proprietors of common and undivided land in Newbury. Jan. 25, 1830, the town voted to finish the market-house hall and lease the same to the Lyceum Association for the term of three years ; but this vote was afterward reconsidered. Subse- quently other proposals were made for the improvement and use of the unfinished hall; but no definite action seems to have been taken until April 8, 1834, when the town " voted to finish the hall of the Market House, provided the interest in the Court House shall be sold to the satisfaction of the town," and a committee, consisting of Amos Noyes, Richard Stone, and Henry Frothingham, was chosen to attend to the repairs and improvements in case the court-house property was disposed of. One of the articles in the warrant, dated May 4, 1835, calling upon the legal voters of Newburyport to assemble at the town-house for the transaction of public business, reads as follows: "To see if they (the town) will authorize the Selectmen to settle with the Committee who superintended the finishing of Market Hall." For the next fifteen or twenty years all of the most important social and political gatherings were held in this hall; and, during the winter season, a series of lectures on literary and scientific subjects were delivered there under the auspices of the Lyceum Association.
* May 10, 1825; St. Mark's Lodge voted to unite with St. John's Lodge in a lease of Phenix Hall for Masonic purposes. October 25, 1825, St. Mark's Lodge voted to raise a subscription to pay for a full-length portrait of General Washington, painted by William Swain, and also appointed a committee to select a suitable subject for a companion picture. March 26, 1826, this committee " voted to appropriate the sum of one hundred dollars, received from the town, for the purchase of a painting representing General Joseph Warren, first grand master of Mass." These portraits, on canvas measuring twelve feet in height, and six feet in width, are in the lodge room in Essex Hall on the corner of State and Essex streets, Newburyport.
STOV
NEW YORK
HOLK
NORTHERLY SIDE OF MARKET SQUARE.
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MARKET SQUARE
In the month of March, 1837, the town of Newburyport appointed a committee to consider the question of providing a clock to be located in Market Square, and in the month of April following accepted the report of this committee. The clock was placed in a conspicuous position on the westerly side, or front, of Market Hall, where it remained until Feb. 3, 1896, when it was removed and replaced by a new one of modern construction, with an illuminated dial, presented to the city of Newburyport by John T. Brown, Esq.
Previous to the year 1811, Liberty Street did not extend from Federal Street to Market Square as it now does, but was merely a narrow way connecting with Centre Street. After the " great fire " it was widened and extended through to Market Square.
The land between Elbow lane and Middle Street, run- ning back to Fair Street, and possibly further, was originally granted to William Morse, and his residence in 1679 was on the southerly side of Greenleaf's lane (now Market Square) at or near the present corner of Liberty Street. The testi- mony of friends and neighbors relating to the strange and mysterious sights and sounds seen and heard in this old house more than two centuries ago is given in detail on pages 123 to 134, inclusive, of Coffin's History of Newbury ; but the statement that the house was located on the corner of Ordway's lane and the country road (now High Street) is erroneous, as will appear from an examination of the fol- lowing abstract of title.
In the proprietors' records for the year 1646 a grant of land to William Morse is entered as follows : -
In consideration of William Mors his resigning up into the Towns hands his house lot at Old town which he doth by these presents, They granted him an house lot of four acres in the new street to enjoy to him & his heirs forever.
On another page this record is repeated in words to the following effect :-
In consideration of William Mors his receiving a house lot at new town joyning to the new street he resigned up his house lot at the Old town for the use of the Towne.
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William Morse died Nov. 29, 1683. His will, dated Aug. 8, 1683, and proved March 25, 1684, gave to his wife Elizabeth, for her life, and then to his daughter, Abigail Hendricks, wife of John Hendricks, and her children, house, barn, land, etc., and appointed Captain Daniel Pearce, Tristram Coffin, and Nathaniel Clark overseers, or trustees, to dispose of his meadows, etc.
June 19, 1696, Moses Pingry and wife Abigail (formerly Abigail Hendricks) conveyed to Daniel Davison house and three and three-quarters of an acre of land (a small lot had previously been sold), which land and house were formerly in the possession of the said William Morse, deceased, and devised by him to said Abigail Hendricks, now Abigail Pingry, bounded northerly by the highway and land of the grantee and of John Tucker, on the west by land of Edward Ordway, easterly by land of John Toocker, land of the grantee, and land of Caleb Moody, and southerly by the land of John Hale, Sr. Mrs. Pingry, acting in the capacity of executrix of the will of William Morse, of Newbury, deceased, signed this conveyance (Essex Deeds, book 36, page 63).
July 6, 1696, the same persons conveyed the same prop- erty, in their individual capacity, to Daniel Davison (book 32, page 52).
Aug. 26, 1699, Major Daniel Davison sold to Captain Peter Coffin four acres of land (having purchased the small lot previously belonging to this estate) and house, bounded northerly by land of Thomas Moody, Captain Edward Sar- gent, and William Noyes, easterly by land of John Hale, southerly by land of Fawn Clements, and westerly by the highway (book 14, page 301).
Nov. 12, 1714, Captain Peter Coffin conveyed to " my son in law Daniel Davison and my daughter Abigail Davison his wife " the same premises described above with the exception that the land is bounded on the east by Henry Hale, instead of John Hale as in the previous deed (book 35, page 16).
The will of Major Daniel Davison, dated Jan. 18, 1717-18, and proved Feb. 11, 1717-18, gave to his wife Abigail and
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MARKET SQUARE
to his children, "that is to say to my three daughters Sarah, Mary and Abigail and my grandson Daniel Davison an equal share of my homestead, housing and land that was formerly mortgaged to my father Peter Coffin."
March 30, 1723, Abigail Davison, executrix of the will of Major Daniel Davison, conveyed to her sons-in-law, James Sheaf, schoolmaster, and Zachariah Fitch, leather dresser, both of Boston, house and land bounded on the northwest by the highway or road, on the southwest by land of Fawn Clements, on the southeast by land of Cutting Noyes, and on the northeast by land of Deacon William Noyes, Captain Edward Sargent, Richard Browne and Thomas Moody (book 41, page 49).
July 1, 1724, an agreement to lay out a lane from Fish Street to Chandler's lane, passing through land of Cutting Noyes, Jacob Sheaf, Zachariah Fitch, and Fawn Clements, two rods wide all the way, is recorded in the Essex registry of deeds, book 42, page 247. This lane is now known as Middle Street, extending from the foot of State Street to Federal Street.
James Sheaf and Zachariah Fitch sold the remainder of the William Morse estate to Tristram Little on the fifteenth day of April, 1730 (Essex Deeds, book 52, page 22).
Mr. Little owned the property for many years. His daughter, Mary Little, married Michael Dalton February 5, I733-4.
The half-tone print on page 626 gives the northerly side of the Square, with the town pump and Market Hall as they were twenty years ago.
On page 630 is a view of the southeasterly side of Market Square and a portion of Liberty Street. On the corner where these public ways meet, not far from the brick build- ing now occupied by the Ocean National Bank, formerly stood the house of William Morse.
For many years before, and after, the removal of the Third Parish meeting-house from its first location near the foot of Greenleaf's lane (now State Street) the open space and
,MENS
PS BRADFORD
. Sousit
VEM LATTORAL DA
PLUMPING -HT ATHING
SITE OF MORSE HOUSE.
LIBERTY STREET.
SOUTHEASTERLY SIDE OF MARKET SQUARE.
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MARKET SQUARE
public ways in that neighborhood were the scene of great activity on market days. Farmers anxious to sell hay, grain, poultry, butter, cheese, eggs, vegetables, and other products of the dairy and the farm, came from distant towns and - villages seeking purchasers, and returned heavily laden with merchandise and household supplies purchased of the mer- chants and traders in Newbury. The introduction of rail- roads, however, has turned the current of trade in other directions, and the life and animation of the old market-place have disappeared forever.
MOSES BROWN.
In 1635, Thomas Brownel, Richard Browne, George Browne, and James Browne came from Ipswich to Newbury, with Rev. Thomas Parker and others, and settled on the north bank of the river Parker, near the Lower Green. A plan, giving the location of the house-lots assigned to each of the persons above named, will be found on page 14 of this book.
Thomas Brownel was born near Malford, England, in 1607, and died in Newbury, New England, Jan. 8, 1687. His son Francis2 married Mary Johnson Nov. 21, 1653. They had several children. Their oldest son, John3, was born May 13, 1665, and married Ruth Huse, Aug. 27, 1683. Joseph4, son of John3 and Ruth (Huse) Browne, was born Nov. 5, 1690, and married Abigail Pearson Nov. 11, 1714. They had thirteen children. The youngest, Moses5, was born Oct. 2, I742.
The house in which Joseph Brown+ lived, and where his children were born, is numbered 40 on the map of the West Parish drawn by John Brown in 1729 (see page 392), and was standing until quite recently at Brown Springs, so called, on the Bradford road.
When Moses Brown5 was quite a young lad he was apprenticed to a chaise-maker on Prospect Street in New- buryport. He was active and industrious and soon became a skilful workman. In 1763, he commenced business, on his own account, as a carriage manufacturer, and for many years devoted his time and attention to the development of that industry.
His intention of marriage to Mary Hall, of Newburyport, was filed with the town clerk Oct. 31, 1772 ; but the records
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MOSES BROWN
do not show when or where the marriage ceremony took place. At this time, the commerce of Newburyport was in a flourishing condition ; and Mr. Brown soon became interested in the shipment of merchandise to the West Indies, receiving in return small cargoes of sugar and molasses, which he sold at a good profit. He bought a dwelling-house, with twenty- five or thirty rods of land under and adjoining the same, on Fish Street, now State Street, which he owned and occupied for many years (Essex Deeds, book 117, page 247, and book 138, page 127). When the Merchants' Bank building was erected this house was removed to Olive Street, opposite Congress Street, where it now stands.
Mrs. Mary (Hall) Brown died June 28, 1778, aged 37 ; and Moses Brown married, Oct. 1, 1786, for his second wife, Mary White, of Haverhill, who held a large amount of property in her own right.
Sept. 10, 1791, he bought of Tristram Dalton, for £1,400, about one and one-half acres of land on State Street, New- buryport, with house, barn, and other buildings thereon, to which he removed with his wife and only daughter (Essex Deeds, book 154, page 200).
Feb. 23, 1792, he bought of Thomas Woodbridge Hooper land, wharf, and flats, with the buildings thereon, bounded northwesterly on land of Stephen Hooper, extending from Merrimack Street to the channel of Merrimack River, north- easterly on said channel, southeasterly on Somersby's landing, and southwesterly on Merrimack Street (book 154, page 200).
On this wharf property Moses Brown erected several brick warehouses for the storage of merchandise, and during the next twenty years developed a large foreign and domestic trade that gave to that locality great commercial activity. Sept. 19, 1797, he bought a small lot of land, on the corner of Titcomb and Merrimack streets, of Nathaniel Mulliken (Essex Deeds, book 163, page 38) ; and in 1801 he bought of the heirs of Enoch Titcomb land between Green and Tit- comb streets, extending in a westerly direction from Merri- mack Street to the house now owned and occupied by Mrs. Samuel J. Spalding (Essex Deeds, book 167, pages 305 and
BROWN SQUARE.
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MOSES BROWN
306, and book 168, page 207). In the conveyances of this property there is no mention of buildings except a mansion house on the corner of Merrimack and Green streets, pur- chased of Sarah Titcomb ; and with that exception probably the land was unoccupied.
Green Street was laid out in 1782, and the bounds and limits of Pleasant Street from State to Green streets, " through land of Abel Greenleaf," were accepted and approved March 17, 1796. The town of Newburyport voted, April 2, 1798, to confirm the action of the Select- men in laying out a public way, now known as Titcomb Street,* from Union (now Washington) to Merrimack Street ; but apparently no action was ever taken in regard to Brown Square and the continuation of Pleasant Street.
It is evident, however, from the terms and conditions of a deed, dated Nov. 13, 1802, from Moses Brown to Joshua Titcomb, that the highway now connecting Green Street with Titcomb Street was intended to form a part of the public square. The land conveyed by this deed was on the north- easterly side of that highway, and on the northwesterly side of the present city-hall. The description reads substantially as follows : -
Beginning at the westerly corner of said lot adjoining a square which I will lay down eight rods, at least, in width, thence partly by my own land and partly by land of Ebenezer Gunnison, north two chains 93 links, thence by said Joshua Titcomb's land south 694 links, thence by my own land southwesterly two chains, and thence by the north- easterly side of said square 732 links . ... on condition that only a brick building shall be erected on the southwesterly end (Essex Deeds, book 171, page 292).
In September and in October, 1803, two small lots adjoin- ing the above land, bounded southwesterly on Brown Square,
* Thirty years previous to the laying out of this public way, Enoch Titcomb, distiller, sold to Abel Merrill, shipwright, Edmund Bartlet, cordwainer, Ichabod Woodman, retailer, Obadiah Horton, shipwright, George Burrough, tanner, all of Newburyport, a lot of land to erect a meet- ing-house upon; and by another deed, dated April 6, 1768, Enoch Titcomb agreed to open and keep open a way of one and one-half rods wide from Merrimack Street up to said lot of land by his son, Joshua Titcomb's, fence, for said committee to pass and repass to and upon said lot freely (Essex Deeds, book 130, pages 262 and 263). On the land purchased of Enoch Titcomb, a meet- ing-house was erected by the Second Congregational Society of Newburyport. The building now standing there is the third house of public worship that has occupied that site.
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were conveyed by Moses Brown to Joshua Titcomb on the same terms and conditions (book 173, page 58).
The erection of a new court-house in Newburyport was, at that date, under consideration. At a legal meeting of the town a committee was appointed to select a suitable building lot ; and July 18, 1803, they voted to approve the action of the committee in selecting a lot of land for the court-house " by Mr. Moses Brown's Square as the most eligible situation for the court house " and requested the justices of the court of sessions to concur with them in this action. They also voted to purchase the land of Moses Brown if the county would relinquish to them all its rights and interests in the old court-house, and the land under and adjoining the same. The following year, however, the town voted to concur with the justices of the court of sessions in the selection of a site for the court-house on the mall opposite the head of Green Street.
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