USA > Massachusetts > Essex County > Haverhill > The history of Haverhill, Massachusetts, from its first settlement, in 1640, to the year 1860 > Part 31
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# At a meeting held May 17, this town chose a Committee, consisting of Colonel Richard Saltonstall, Mr. Richard llazzen, and Deacon James Ayer, " to wait upon the Commissioners, and represent the affairs and boundaries of the town to them, provided the proprietors of the undivided lands pay the expenses of the said Committee."
THIS PRICKT LINE IS WHAT HAVERHILL CLAIMS
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HISTORY OF HAVERHILL.
August, and the Secretary, by the Governor's order, prorogued it to the 10th, then to meet at Hampton Falls. The Assembly of Massachusetts met at Boston, on the same day, and also adjourned to the 10th, then to mcet at Salisbury ; - thus the two Assemblies met within five miles of each other. On the 10th, a large cavalcade was formed at Boston, and the Governor rode in state, escorted by a troop of horse. He was met at New- bury Ferry by another troop, and at the supposed divisional line by three more, who conducted him in all the pomp of power to the George tavern, at Hampton Falls, where he held a council, and made a speech to the Assembly of New Hampshire.º
After several weeks of angry discussion, the boundary of the eastern line of New Hampshire (which had also been in dispute) was agreed upon, but the southern was not, and by agreement was submitted to the King.
The main point on which this controversy turned, was entirely evaded by the commissioners. That point was " whether the charter of William and Mary granted to Massachusetts all the lands which were granted by Charles the First ? " If this question was decided in the affirmative, then the claim of Massachusetts must be granted; if not, then it must fall. Making, therefore, an evasive decision, the commission left the parties to pursue their contentions as best they could, by means of Agents, before His Majesty's Council in England. The New Hampshire interest was represented by John Tomlinson, who employed a Mr. Parris as solicitor - a man of great shrewdness, penetration, and artful address. Massachu- setts employed, as her agent, Mr. Edmund Quincy, who died in 1738, and afterward the affair was in the hands of Wilks and Partridge - neither of whom understood a tithe so much of the controversy as Tomlinson, nor had the address of Parris. The latter drew up " a petition of appeal " to the King, in which all the circumstances attending the transaction from the beginning were recited and colored in such a manner as to asperse the gov- ernor and assembly of the " vast, opulent, overgrown province of Massa- chusetts ; " while " the poor, little, loyal, distressed province of New
" The following "pasquinade " having been adopted as a part of the history of these proecedings by so many of our predecessors, we dare not risk omitting it in this place :- Dear paddy, you never did behold such a sight,
As yesterday morning was seen before night.
You in all your born days saw, nor I did'nt neither,
So many fine horses and men ride together, At the head, the lower house trotted two in a row, Then all the higher house pranced after the low,
Then the Governor's eoaeh galloped on like the wind,
And the last that came foremost were troopers behind ;
But I fear it means no good to your neek, nor mine, For they say 'tis to fix a right place for the line.
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HISTORY OF HAVERHILL.
Hampshire " was represented as ready to be devoured, and the King's own property and possessions swallowed up by the boundless rapacity of the charter government.
The following letter, from Richard Hazzen of this town, to Mr. Cushing, -written a few months after the matter had been thus referred to the King, - throws considerable additional light upon this controversy : - " ST.
Inclosed are the Plans of Haverhill & Methuen with the Severall Claims of Kingston Chester & Londonderry" upon them which you will I believe Easily find Out by the Delineations, as also the first plan that ever was taken of the Town of Haverhill as I Can find which I thought might be of service for its Antiquity .¡ You will see by the Southerly Course of Londonderry what parts of Dracutt & Dunstable they Claim but for want of more knowledge in the Courses of them Two Towns I forbore to take a plan thinking it more proper for Mr Justice Blanchard, and as to Almsbury I am acquainted that Kingston Claims near one third part, but without measuring I could not take an Exact plan so desisted hoping what is done may Suffice for the present. I have also enclosed the copy of a petition which was sent in Haverhill's behalf by the late Honrble Colo Quincy which if you please to peruse you will find it agrees with said Plan I have drawn & I hope will serve Haverhill.
After you have read it I desire you would Send it me by the bearer, again. If my business would have allowed of it I should have taken a plan of Kingston, by which you would have perceived that they have no Right by Grant to any part of Haverhill. Their Grant beginning at a Stake seven miles west from Hampton meeting house thence running west & by north Ten miles into ye Country & then beginning where they first began & Run North four miles & South within three Miles of Merrimack & then from the Extreme points Last mentioned to ye End of ye Tenmile so that it Lyes in the same form of Haverhill.
I should earnestly request that endeavours might be used that a Line from Endicott's Tree to three miles North of Merrimack River at ye mouth might be the dividing Line of the Provinces which we take to be the true intent of the Charter, but the Province having put in a different Claim we
" In July, 1737, one Robert Auchmaty petitioned the Proprietors of Haverhill that "whereas a honse lot had been laid out to him in Londonderry which is supposed to be within ye ancient town of Haver- hill," to prevent any future trouble in regard to it, he requested the Proprietors to make over to him in writing all their right and title to the same. The request was not granted-perhaps because the peti- tioner asked the release as a gift.
t See an engraving of the last plan here referred to, on page 104.
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HISTORY OF HAVERHILL.
forbear to mention it. however that you will use your utmost Endcavour that Haverhill's property may be Secured we Earnestly Request. If any thing further may be done to Serve the Province I shall readily lend a hand. In Haste I am Sr Your Most Humble Servt
Richd Hazzen
Haverhill May 9th 1737.""
The decision of the King in Council was not made until August 5, 1740, and the line was not actually run until the following year; and during all this time, the inhabitants of the disputed territory suffered the most serious inconveniences and annoyances. It would be both unjust, and ungenerous, did we deny that private rights were invaded, property destroyed or damaged, law suits needlessly multiplied, and other wrongs committed, by persons, and parties, on each of the contending sides. Passions were inflamed, cupidity and a love for contention excited, and, as always has been, (and, from the nature of man, under similar circumstances always must be expected,) every available means, short of actual resort to physical force, was adopted to harrass and drive off the settlers on the disputed lands. Parties from this town repeatedly attempted (and often with success) to drive off the Londonderry and other settlers upon these lands, ; and visa rersa.
In the hope of putting a more speedy stop to these serious difficulties, the town, September 29, 1740, chose a committee to petition " his majesty " directly, about their town boundary.
Finally, (August 5, 1740,) a decree of the King in Council passed the seals, by which it was " adjudged, ordered and decrced, that the Northern boundary of the Province of Massachusetts Bay, is and be a similar curve line, pursuing the course of Merrimac river, at three miles distance on the north side thereof, beginning at the Atlantic Ocean and ending at a point due north of a place in the plan returned by the Commissioners," (to whom the subject had been previously referred,) "called Patucket falls and a straight line drawn from thence due West across said river till it meets with his Majesty's other Governments." This decree was forwarded to Mr. Belcher, then governor of both Provinces, with instructions to apply to the respective Assembles of New Hampshire and Massachusetts, to unite in marking the necessary provisions for running and marking the line
* State Archives 52, 472.
+ In April, 1735, John Carlton, and his brother George, (sons of Thomas, of Bradford) petitioned to the proprietors of Haverhill to make them some consideration for the services of themselves and teams "when Constable pecker went to fetch off those that were Tresspessers on that part of Haverhill Common beyond the Island Pond," as they had done to others that went at the same time.
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HISTORY OF HAVERHILL.
conformable to said deeree, and that if the Assembly of either Province refused, the Assembly of the other might proceed ex parte. The Assembly of the Province of Massachusetts.declined complying with this requisition. The Assembly of New Hampshire made the necessary appropriation for running and marking the line: and George Mitchel and Richard _Hazen were appointed by Gov. Belcher, on behalf of New Hampshire, to survey and mark the boundary line conformably to said decree. Pursuant to this authority, in the month of February, A. D. 1741, Mitchel run and marked a line from the seacoast above three miles north of the mouth of the Merrimack River, to a point about three miles north of Patucket falls, as and for the line directed to be run by said decree, and said Hazen, in the month of March following, run and marked a line from the said point about three miles north of Patucket falls, across the Connecticut River to the supposed boundary line of New York, on what he then supposed, was a due West line from the place of beginning.
This line gave to New Hampshire a territory of about fifty miles by fourteen MORE THAN SHE HAD EVER ASKED FOR !
Massachusetts, as may readily be supposed, did not soon forget her unjust treatment in the matter, and it was not until 1826, that she took part in a re-survey, or retracing of the line.º
But the decree of the King did not put a stop to the disputes between the inhabitants of Haverhill and those of Londonderry. It was made a condition of the submission to the decision of the King, that private pro- perty should not be affected, and this condition was incorporated into his decree; but it did not settle the question of private ownership.
At their meeting in September, 1741, the Haverhill proprietors chose a committee to prosecute all trespassers on their common and undivided lands, whether they were on the north or south of the New Hampshire line, or in that part of Methuen formerly Haverhill ; and they continued to sell and grant lands on the north side of the new line.
On the other hand, the inhabitants of Londonderry petitioned their Gen- eral Court to newly run the lines of their town, as "your petitioners for several years past has been very greatly disturbed and troubled and in- croached upon in their Possessions and in defence of the same has expended from time to time in the Law near two thousand Pounds against the In- habitants of Massachusetts Bay." Among other causes of complaint against the latter, the petitioners say that " they carry off the small part of timber that is yet growing there."
" From 1741, to 1826, no survey of the line was made by public authority.
297
HISTORY OF HAVERHILL.
That we may not be charged with suppressing testimony upon the Lon- donderry side, we copy, in extenso, the Rev. Mr. Parker's version of the matter, as given in his History of that town": -
" It appears that certain persons in Haverhill, and its vicinity, laid claim to these lands, by virtue of a deed of but about twenty years date, from an Indian sagamore named John, ; whereas the Indian title which the proprietors of Londonderry claimed, was obtained more than sixty years before, and signed by all the principal chiefs who had any right whatever to the territory in question .; Weak and unjust as was the claim of these individuals,. they endeavoured to press it, hoping that, as these settlers were foreigners, if they could not by persuasion, they would by menaces, be induced to abandon their settlement. Hence they came from time to time in armed bodies, threatening violence if the settlers upon these lands did not remove. But they knew not the men whom they thus assailed, were men of tried courage and noble daring. Satisfied of the justness of their title, and determined to maintain it at the peril of life, if called to the' encounter, the inhabitants of Londonderry went forward with their settle- ment, without heeding the menaces they received. It is related, that on one occasion a large party from Haverhill, led by a man named Herriman, came fully armed for an encounter, unless these settlers would yield to their demands, either paying them for the township or at once quitting it.§
"It was on Friday, and the men with their families were assembling under a spreading oak, their house of worship not being as yet crected, to observe, according to the good old Presbyterian custom, the service preparatory to communion, which was to be administered on the following Sabbath. The assailants, on making known their purpose, were requested to desist from all acts of violence, until their religious services were over, which they consented to do. Having listened attentively to the discourse addressed to his flock by the venerated pastor, and struck with the firm and undaunted
" Parker's History of Londonderry, page 58.
t With this deed, and the claim under it, this town had nothing whatever to do, and but very few of its inhabitants. When we first began to "read up" upon this subject, we somewhere met with, and made notes of, a history of this deed, and the attempts made to establish claims under it; but they have been either lost or misplaced; and we ean now only affirm that the elaim was owned by parties outside of Haverhill, (we believe in Ipswich, or Salem) and that when they passed through this town, on their way to this disputed territory,-which was, as they claimed, covered by their deed,-to compel the settlers there to either purchase of them, or move off the lands, a number of Haverhill men joined the party .- G. W. C.
# We believe it is even yet doubtful whether the deed here referred to is a genuine deed, or a false one. But even admitting it to have been a genuine and valid deed, the bounds of Londonderry under it, was distinetly stated to be to, and upon, Haverhill the Line.
§ This must have been the party who claimed under the Indian deed, already referred to. They claimed the whole township. Haverhill never elaimed anything more than to its west line, as laid out in 1667. The latter elaim, therefore, covered but a small portion of the township of Londonderry.
38
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HISTORY OF HAVERHILL.
appearance of the men, and with the spirit and solemnity of their devotions, Herriman said to his followers: 'Let us return, it is in vain to attempt to disturb this people, for surely the Lord is with them.'
" In connection with these more formal assaults, they were frequently har- rassed by intruders who attempted to mow their meadows, on which they mainly depended for the support of their cattle during the earlier years of the settlement.º
" Such intruders were not unfrequently taken by them, and detained as prisoners, until satisfaction was rendered by them, or their friends. We find in the town accounts during these years, frequent charges by in- dividuals ' for guarding prisoners.' Sometimes an inhabitant of the town, when employed in these meadows, would be seized and carried away by individuals from abroad, who laid in wait for the purpose. Thus a Mr. Christie, while mowing in a meadow, was seized and carried to Haverhill, without being allowed to apprize his family of his situation. The next day some of his apparel was found in the meadow where he had been at work, and he was at length discovered and rescued.
" It also appears that civil processes were commenced and carried on before the courts in Massachusetts, as they held their sessions, at New- buryport and Ipswich, and that certain individuals were actually com- mitted to prison under the arrests which were made by the claimants in that province. We find frequent charges made for attendance at court at Ipswich, also a vote of the town to pay the expenses of the individuals imprisoned, and to perform for them the necessary work required on their farms during their imprisonment."
As a partial offset to the above, we give the following outline of one of the numerous cases where actions were brought against those Haverhill settlers who fell to the north of the line ; and which will show the ground upon which such actions were brought, and the proceedings thereon. We condense it from a petition of Richard Hazzen to the General Court, dated November 22, 1749 : --
In 1744, Robert Boyes, of Londonderry, brought an action of Eject- ment against Jonathan Colburn, of Haverhill, to recover possession of a certain piece of land formerly within the jurisdiction of Massachusetts, but, by the running of the line, falling within New Hampshire. Colburn
" The reader will bear in mind that these disturbanees only occurred on, and related to, those lands which formed a part of the "northwesterly angle of Ilaverhill," but were elaimed by Londonderry as a part of their township. Even after the line was run in 1741, and when all the land to the north of it was claimed by New Hampshire, we find that most, if not all, the suits commenced against the settlers on the north side, were brought against those of "Haverhill Peke," or, as it was also then called, " Haverhill District."
299
HISTORY OF HAVERHILL.
held the land by virtue of a grant from the proprietors of the town of Haverhill to his predecessors, before the town of Londonderry was granted. Boyes claimed the land under the grant of Governor Shute for the town of Londonderry. At the Inferior Court, judgment was given for the de- fendant. The plaintiff appealed, and the Superior Court reversed the judgment. Subsequently, Colburn brought a Writ of Review and recov- ered, with costs. Boyes then appealed to the Governor and Council of New Hampshire, " called the Court of Appeals," but after nearly two years delay, the title was confirmed to Colburn.
As an additional offset to the troubles, expenses, and embarrassments of the Londonderry settlers, as thus feelingly set forth by their historian, we insert a second petition from Mr. Hazzen to the General Court of Massa- chusetts : -
" To the Honrble Spencer Phips Esq Lieut. Governor and Commander in Chief in and over his Majesties Province of the Massachusetts Bay in New England, The Hourble his Majesties Council and House of Representatives in General Court Assembled at Boston May 31 Anno Domini 1753.
The petition of Richard Hazzen humbly Sheweth That upon the Late running of the Divisionall Line between the Provinces, about one third part of the lands belonging to the Ancient Town of Haverhill, fell to the Northward of the said Line and within the Province of New Hampshire.
That being the Case the Government of New Hampshire claimed, not only the Jurisdiction of these lands to the North side of the Line but also the property (contrary to order of the Crown) and endeavoured to Ouste all the inhabitants, which were then more than One hundred families Setled by Haverhill to the Northward of it and take away their property" by force of arms, the people of Kingston and Londonderry oftentimes coming in Clans to the Number of forty or fifty at a time, and One One hundred or more, to fence in our Lands build on them &c
That your petitioner seeing the Great distress the poor people liveing on the North side of the line were in on the Accompt of the New Hampshire Claim and having some Lands there of his own, moved into that Govern- ment in order to Aid and assist the Haverhill people against them that came to drive them off by force, and did repell them in the same manner and by his application made to Governour Wentworth a stop was at Length put to such illegal proceedings.
That Kingston and Londonderry people then directly brought many law- suites, against the Inhabitants of Haverhill which your petitioner defended to ye Utmost of his power.º
" In the Proprietors' Records, we find many instances where they voted money to assist such persons to carry on their snits, or to reimburse them for expenses already incurred. As specimens, we give the
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HISTORY OF HAVERHILL
That in the Course of those tryalls which have now lasted almost Ten Years, Your petitioner has been one hundred and thirty Journeys to Ports- mouth oftentimes in Rain & Snow heat & Cold, to Attend the Courts or prepare for ye Tryalls & has oftentimes been detained there three weeks at a time on Expence, whereby he has sunk at least one thousand pounds of his Estate, when at the same time if he would have turn'd traytor to this Government he might have gotten large Sums without any trouble
That your petitioner has met with so much difficulty in these affairs that rather than endure so much again he would give up all his Estate & sit down in the most remote parts of the Earth notwithstanding he has had such success that no one Haverhill man has lost his Estate nor are any new Settlement made upon us, no new suites Commenct. and but Two depending, & them before the Governour & Councill.
But so it is may it please your Honour & this Honourable Court, that your petitioner by reason of his Great Expence has involved his Estate to the value of Seven or Eight thousand pounds to Capt. Edward Tyng for no more then Thirty four or five hundred pounds money old Tenor, the Redemption of which is now Expired, And your petitioner must Infallibly Loose four or five thousand pounds unless releived by this Honoured Court
Your petitioner therefore Earnestly requests this Great and Honourable Court to Compassionate his distressed Circumstances & inasmuch as he has endeavoured at all times with his power and Estate to defend the Title of this Government against New Hampshire, You will be pleased to Grant him so much money as will clear that mortgage, or Lend it the peti- tioner who will make sale of his Land as soon as possible & will pay the money in Again & the Overpluss he will devote to the Service of this Gov- ernment & will use all his power and abilities to defend the Title of the Massachusetts as Long as he is able to get to Portsmouth
And your petitioner as in Duty bound shall ever pray
Richard Hazzen.
following :- January 15, 1748-9. One hundred pounds was voted "towards defraying ye action before ye King and Council wherein Nathaniel French (Kingston) is appellant, against Thomas Follonsbee and others (Haverhill) appellees."
December 16, 1751, Henry Sanders was voted twenty pounds "to carry on his case against Wheelright at Portsmouth." (This was a suit under the famous " Wheelwright claim.") June 29, 1752, Edward Flint was voted thirty pounds "to carry on his case against Londonderry at Portsmouth." In November, 1753, he was voted forty pounds more "to continue his case." January 1, 1753, fifty pounds was voted to prosecute trespassers on the land previously granted " the first minister of Timberlane, now called Hampstead." November 20, 1758, four hundred and seventy eight pounds twelve shillings, New Hamp- shire, old Tenor, was voted Nathaniel P. Sargeant, Esq., "for his services in David Heath's and other cases."
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HISTORY OF HAVERHILL.
" In the House of Repves June 8. 1853. Read and Ordered that the Prayer of the Petr be so far granted as that the Petr recieve out of the publick Treasury the sum of four hundred Sixty Eight pounds upon Loan free of Interest for the term of five years. He first giving Bond with sufficient sureties for the payment of said sum at the expiration of the time abovementioned "
T. Hubbard Spkr
In Council June 12, 1753 Read & non Concur'd
Thos. Clarke Dpty Secry
In the House of Repves June 13. 1753. The House entered again into the consideration of the vote passed upon this Petn the 8th Currt at the desire of the Honble Board and after Debate and Mature Consideration
Voted, that the House adhere to their vote as then sent up to the Honl Board
Sent up for concurrence
In Council, June 13, 1753 ; Read & Concur'd
T. Hubbard Spkr
J Willard Secry
Consented to
S. Phips
As will be seen from the foregoing petition, the long continued and vox- atious border troubles were at last drawing to a close. The last notice wc find of them in our records is that where, in 1759, the Proprietors chose a committee" to settle with the proprietors of the " Mason claim" to the township of Salem. This brought up the rear of the long and motley procession of troubles, vexations, and suits, that had for more than a third of a century been fastened upon our town, and we feel a decided relief in thus closing our history of this, by no means insignificant, " Border War."
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