USA > Massachusetts > Hampshire County > Amherst > The history of the town of Amherst, Massachusetts, pt 1 > Part 8
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Voted Committee Capt. Cook Leut Chilliab Smith Nath' Kellogg Ebenezer Kellogg Ebenezer Dickinson and Solomon Boltwood."
This committee performed its task and reported to a meeting held Jan. 6. 1745-6, when the town passed the following votes :
" Whereas their was a Committee Chosen and appointed Last March Town meeting to lay out anew the Streets and Roads in the Third Precinct of Hadley : and they having done the work; and returned the Plan thereof :
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HISTORY OF THE TOWN OF AMHERST, MASS.
Voted That said Return According to the said Plan be Excepted and Confirmed Whereas it appears to the Town by the Plan abovesaid that many persons have Encroched upon the Streets and highways in said third Precinct
Voted That Col Porter Job Marsh and Nath1 Kellogg Jun. and Ebenezer Dickinson Lt. Jonathan Smith be a Committee in the behalf and at the Charge of the Town to Persecute said Tresspassers and Incrochments to Effect in Law or to Compound with them by Selling or Exchanging for other Lands what they have taken in out of the highway as abovesaid and as said Committee shall think Best."
In Hadley records under date of March 7, 1747, is found the first mention of a bridge in the Third Precinct :
"Voted Committee to build or impower some person to build a Bridge over Fort River in Pelham Road Deac"" Ebenezer Dickinson and John Nash."
In 1748 there was felt the need of a road through the first division. and Hadley voted under date of Jan. 2 :
" Voted a Committee to look out a convenient place for a Road through the first Division in the third Precinct, and to discourse the owners of the Land, and make Report where they Judge a Road may most suitably be laid out and what terms the Land may be had upon. at the meeting of the Town next March : Col. Eleazer Porter, Dea" John Nash and Lieut. Nath1 Kellogg.
Voted a Committee to build a convenient Cart Bridge over Fort River, near the mill in the third Precinct, at the expense of the Town. Deans John Nash and Ebenezer Dickinson, and Mr Solomon Boltwood and Lieut. Ebenezer Kellogg."
The same year under date of March 6 the following vote was recorded :
"Voted Committee to view the Bridge over the Mill River in the 3d Precinct. and make report to the Town. whether they judge it convenient, to rebuild the same, or to build another in some other place, and what place they think most suitable, if the place where the Bridge now is, be not by them thought most con- venient be chosen.
Voted Messi Peletiah Smith, Daniel Dickinson and Nathaniel Coleman be joined with Dea John Nash &c. Committee for building a Bridge over the Fort River near the mill in the third Precinct chosen last January."
Nothing was done in regard to rebuilding the bridge over Mill river that year, and at the meeting held March 5, 1749, the following vote was passed by the town :
" Voted. That whereas a vote of this Town was past March 6, 1748, relating to rebuilding the Bridge over the mill River in the third precinct: but no committee was chosen to manage said affair : Messi. Joseph Smith. Benj" Smith and Jonathan Dickinson be a Committee for that affair, and they are accordingly desired and impowered to pursue the Instructions of the said vote. and to make Report to the Town at the next Town meeting."
In 1746 the town of Hadley engaged in a controversy with John Mor- ton of the Third Precinct, accused of encroaching upon the highway between the second and third divisions, which was carried on before referees, the county courts and the General Court for more than fifteen
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JOHN MORTON AND NATHAN DICKINSON.
years. In 1750 and afterwards Nathan Dickinson was joined with John Morton as defendants in the various actions brought by the town for trespass. Morton and Dickinson came from Hatfield and were the first settlers in the eastern division of the Third Precinct. They laid claim to most of the land in the highway adjoining their lots and refused to give it up. They evidently had full belief in the justice of their claim as appears from their memorial to the General Court. The case was a celebrated one in its day, and as the first of many highway controversies that have arisen in Amherst is worthy of extended consideration. There is no record as to the final settlement of the case, but as the decision of the county court and referees favored the town it is probable that Morton and Dickinson were dispossessed or made some satisfactory settlement for the lands they had taken. The records of Amherst contain but little in regard.to the controversy. but those of Hadley bear many allusions to it ; from them the following are quoted :
" April 19, 1749. Voted that Eleazer Porter Esq Dea Joseph Eastman. Lieut Nathaniel Kellogg, Dea Ebenezer Dickinson and Dea John Nash be a Committee authorized and impowered, in behalf and at the cost of the Town, To sue and prose- cute to Effect in Law John Morton incroaching upon the Highway in the third Precinct; as also all other persons who have made, or shall make Incroachments on. or incumber the high-ways in said Precinct."
" July 26. 1750. Voted That application be made to the Great and General Court for some Relief under the Difficulties subsisting in the Third Precinct of this Town, relating to the Highways or land sequestered for Highways within said Precinct.
Voted that Eleazer Porter Esq and Messi Benjamin Dickinson and Josiah Peirce, be a Committee to prepare a Petition, in behalf of this Town to be preferred before the Great and General Court, praying their Direction and Help in order to remove the Difficulties subsisting in the Third Precinct of the Town relating to the High-ways or land Sequestered for High-ways within said Precinct: and they are desired to prepare the same, by the time of the said Court's next sitting.
Voted that Eleazer Porter Esq. is desired to prefer our Petition respecting the High ways to the General Court at their next session.'
" Nov. 19, 1750. Whereas there has long subsisted a Controversy between the Town of Hadley on the one part, and John Morton and Nathan Dickinson of said Hadley on the other Part, relating to some land by the said Town formerly Sequestered for an High-way between the Second and Third Divisions of Land in the Third Precinct ; and all measures hitherto taken for a Reconciliation have proved ineffectual :
Therefore voted That the said Controversy be submitted to the Determination and final Decision of the Hon" John Chandler and James Minot Esquires. Col Nahum Ward Esq. They viewing the said Land in Controversy, and hearing the parties and setting out the said Sequestered Land between the said Second and Third Divisions : and also those Lands Sequestered for an Highway between the said Second Division and the first Division in said precinct : all as near as may be to the original laying out of the same in the year 1703. as may appear to them from
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HISTORY OF THE TOWN OF AMHERST, MASS.
the Records of the Town and such Boundaries as are to be found remaining, and that M' Benjamin Day of Springfield, Surveyor, be impowered to assist in Run- ning the Lines ; and Stephen Warner and Nath1 Church of Hadley to carry the Chain.
Said John Morton and Nathan Dickinson being present when the said vote was past, and giving their voice in and Consent to the same. Allso
Voted that Eleazer Porter Esqr. Lieut Nathaniel Kellogg and Dea. Ebenezer Dickinson be a Committee to manage the affair in behalf of the Town, at the Cost of the Town."
" March 25, 1751. Voted that the Treasurer be, and hereby is Impowered and ordered to pay out of the Treasury to the Committee for managing the affair relating to the Controversy subsisting in the East Precinct about the Town Land &c, appointed Nov. 19, 1750, such Sum or Sums of money as they shall call for to carry on the said affair."
" May 11, 1752. Voted That Messi David Smith, Moses Porter and Samuel Smith Jun. be a Committee Impowered, in Behalf of the Town, and at the Cost of the Town, to prosecute and Eject such persons as are Trespassers, and shall Trespass upon any of the Lands by the Town Sequestred for Highways in the Third Precinct, and also that the said Committee is fully authorized and Impow- ered by the Town to make Sale of so much of the said Sequestred Land, as may be needful for the defraying the Charge of such Prosecution, as also to Reimburse the Charge and Cost the Town has already been at. about said Land. They always leaving at least Twenty Pole in Breadth for Highways; and likewise. that the said Committee are fully authorized and Impowered, in Behalf of the Town, to Compound and agree with any person or persons Trespassing on any part of the said Land on such Terms as they shall judge equal and just.
Voted That Eleazer Porter Esqr. and Messi Nathaniel Kellogg, Edmund Hubbard, David Smith, Enos Nash, and Moses Porter, be a Committee, to Examine the case represented to the Town by Samuel Gaylord, Complaining he has not his full Complement of Land by him purchased of the Town, in the third Precinct; who are fully authorized and Impowered, in Behalf of the Town, to agree with the said Gaylord; and also to represent the Town in any Case that may be depending in Law, relating thereto."
" March 29, 1754. Voted That the Sequestration of those lands between the Divisions of land in the Second or East Precinct, which the Town of Hadley formerly reserved for Highways, is taken off: saving with regard to such parts of the said lands as are now established for Highways, and such parts as have been already disposed of by the Town of Hadley.
Voted to Impower, Elect and authorize Messi John Nash, Ebenezer Dickinson and Jonathan Dickinson. Inhabitants of the Second Precinct in Hadley, as a Com- mittee on behalf of the Town, in their name. to prosecute in Course of Law. and finally, and to Effect to Dispossess and Eject all such persons as have Trespassed upon the lands formerly Sequestred for Highways or Common Roads; Provided always the Second Precinct be at the whole Charges of the Prosecution in the Law.
Voted That the Town do give, grant, alien, convey and confirm to the Inhabi- tants of the Second Precinct in Hadley all the several Tracts of land originally Sequestred by the Town of Hadley, within the Bounds of said precinct, for the use of Roads or Highways, save so much as the town now have established for High- ways, and such parcel or part of said lands as hath been given or sold to any person or persons in any of the said land, and any such part as is Trespassed upon.
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JOHN MORTON AND NATHAN DICKINSON.
or in possession of such Trespassers; Provided the said second precinct pay to the first precinct their Proportion of the Charges expended about said lands upon the Two Committees and their Surveyor, and their Charges for Entertainment. Being Ten Pound Lawful money; as also the South District their Proportion of the aforesaid Charges, if they ( being set off from said Town) have just and Legal Rights thereto."
" March 11, 1755. Met and put to vote whether the Town is of the mind to appoint and authorize Agents to make answer to Messi John Morton and Nathan Dickinson Complaining against the Town, relating to the Highways, and past in the affirmative.
Voted That Capt. Jonathan Smith and Messi Ebenezer Dickinson and John Nash, are appointed and authorized. in behalf of the Town, to appear and make answer to the complaint of Messi John Morton and Nathan Dickinson, relating to the High-ways, with Power of Substitution."
"Oct. 28, 1756. Voted Messi Ebenezer Dickinson, Josiah Chauncey and Jonathan Smith be appointed and authorized to appear and make answer, in behalf of the Town, to Messi Nathan Dickinson and John Morton in the Case relating to the Highways."
" Dec. 19, 1759. Voted That the Committee appointed to make answer to the memorial of Morton and Dickinson be Impowered to attest the memorial of Amherst in answer to Morton and Dickinson, if Amherst Committee desire it, and they apprehend it not prejudicial to the Town."
At a meeting held Nov. 29, 1762, Hadley appointed a committee to make sale of the town's right in the sequestered lands and Jan. 10, 1763, voted to dispose of the right at a vendue. There are few references to this case in Amherst records ; when the controversy began Amherst was but a precinct and the control of the highways rested in the town. As will be noted in Hadley records, the town grew tired of the contest in 1754, and voted to turn the matter over to the Precinct. The first allusion to the matter in Amherst records is found under date of March 21, 1753, when a committee -was appointed to " take advice of sum Gentelmen" concerning the lands sequestered for highways. July 5 of the same year the members of the committee were instructed to take advice and to act in the affair according to their best judgment. Nov. 21, 1759, a committee was appointed to make answer to the General Court against the petition of Morton and Dickinson. April 28, 1762, a committee was chosen to settle with the Hadley committee concerning the highways. Amherst, both as a precinct and as a district, appears to have aided Hadley in all possible ways in the contest with Morton and Dickinson, and to have accepted readily the task of prosecuting the offenders. To understand the attitude assumed by Morton and Dickinson, it may be well to read the following abstract of an entry in the General Court records, under date of October, 1759:
"John Morton and Nathan Dickinson petitioned the General Court, stating that 15 years since they had purchased lands in the third division, running through
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HISTORY OF THE TOWN OF AMHERST, MASS.
the whole breadth of the division, and had built on or near the westernly end of their respective lots. In March, 1754, the selectmen of Hadley laid out a private way across the whole breadth of petitioners' lots, alleging that the land so taken away was the estate of the town. Complaint was made to the court of general sessions, and in May, 1757. was submitted to a referee; the referee having con- sidered the case reported against the complainants."
That Morton and Dickinson were not the only persons who attempted to add to their possesions by taking land from the highways, is shown by a complaint made in 1758 against Moses Smith and Nathaniel Kellogg for fencing in a part of the Bay road ; they were ordered to move their fences back. In 1759, Daniel Kellogg was complained of "for erecting a wood mansion house, log shop and some fence upon the street between the second and third divisions of the east precinct." Reuben Dickinson was also complained of for a barn and fence in the same street. In 1754, a road was laid out through the East Precinct, Pelham and " Quabbin " to Hardwick. "Quabbin " was the original name of the lands now com- prised in the town of Enfield and Greenwich. This road began at the upper end of the "pine plain " in Hadley, ran to the " Hartling stake " near where the Amherst house now stands, crossed the second division and then went on to Pelham. It did not follow the old path all the way. This road then first became a county road.
The early settlers called the low places between mountain peaks "cracks", and the paths or roads that ran through them "crack roads ". Such a path was in existence before the settlement of either Amherst or South Hadley in what was known as the "Round Hill crack " where is now the highway between these towns. This " crack " was also known as "Turkey pass" from its use by hunters after turkeys and deer. The " crack road " to. South Hadley from Pine hill on the Bay road in Amherst was laid out in 1762 and accepted in 1763.
In Judd's unpublished mss. is found the following account of the laying out of highways by the selectmen of Hadley, March 18, 1754: these. highways were in the East Precinct, but the precinct records do not allude to this action :
"No. 1. Between Jonathan Cowls and land lately Samuel Gaylord's, 10 rods wide. This was across first or west division. It was next to Gaylord's lot which was on south side of the road but went 10 rods east of Gaylord's lot to Highway No. 2.
No. 2. From Mill river to Bay road, twenty rods wide, between first and second divisions. Began at a red oak on the side hill east of the dug path leading to the bridge over Mill river below Ephraim Kellogg's mill. and extending to the Bay road on the south. The whole distance, exclusive of that from Daniel Dick- inson's to Samuel Church's is 1813 rods, but not so much in a straight line. The line crooks about in the old 40 rods highway, Did not begin so far north as Mill river. When these lots were laid out in 1703 it was called 1960 rods from the Bay road to Mill river.
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HIGHWAYS LAID OUT.
No. 3. Highway north and south between second and third divisions, begin- ning at Bay road and going north on west side of road to end of the division, in all 1568 rods. This road is 12.rods wide, except a little distance near Fort river it is IS rods.
No. 4. Between Ebenezer Dickinson's and Josiah Chauncey's land, ten rods wide, east to the road running north and south between second and third divisions. Length, 268} rods.
No. 5. Between Jonathan Dickinson and Moses Warner's lots, north of Warner's lot N. 11º E. 20 rods made breadth of the road-then E. 11º S. 100 rods, thence E. 17º S. 144 rods to S. E. corner of Jonathan Dickinson's lot, then S. 17º W. to Moses Warner's N. E. corner 16 rods. . Thence back on Warner's land to beginning -only 244 rods long. ( Was not this the Foots' Folly road ?)
No. 6. Between Solomon Boltwood and Simeon Clark. Began 6 rods N. of Simeon Clark's N. W. corner; then E. 5º N. 100 rods on S. side of road; then E. 30º N. 72 rods to .N. side of road, which ends i rod S. of William Boltwood's south door : thence E. 43º S. 76 rods on N. side of road : thence S. 11º W. 20 rods to the "Hartling Stake " on S. side of road. Road 20 rods wide in every part. (This is the old N. road-present road at N. end of square, that is, it was part of Hadley N. road to Amherst.)
No. 7. Between Moses Cook and Nathaniel Coleman. Began S. 11º W. 20 rods, from N. Coleman's S. E. corner ; then W. 5º N. 247 rods on S. side of the road to W. end 20 rods wide.
No. 8. Between John Dickinson's and Ebenezer William's land. Began at William's S. E. corner. run W. 9º N. through the division Road 10 rods wide south of this line.
No. 9. Lies on S. side of John Keets land and runs through the third divis- ion, 2 rods wide. Corner, E. 103º S.
Two of the highways ran N. and S .: 6 were across the first and second divisions (3 each probably) and one across the eastern division."
The old " Middle road," from rear of the " pine plain " homelots to the line of Amherst, was laid out in the path called the " middle highway," Oct. 26, 1769, by the selectmen of Hadley.
Osmyn Baker, in a conversation with Mr. Judd in 1858, said that when he was young the house of his grandfather, Elijah Baker, and that of Gen. Mattoon's father stood on opposite sides of the street, where they are placed on the plan of the town drawn about 1770 and before alluded to. This was the end of inhabitants on that road and the land north was poor. There were no houses for three-quarters of a mile north of Elijah Baker's ; the road then stopped and did not go to Mill river but turned off each way to the east and west and these cross-roads were inhabited. In 1788 a new road was laid out from Sunderland to the Bay road, passing through the third division in a diagonal course. It is supposed that this road followed the general lines of West Pleasant street, Shays street and the road to Logtown.
Jan. 7, 1750, Hadley appointed a committee to build a bridge in the Third Precinct. "over the Gutter in the Street near William Murray's
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HISTORY OF THE TOWN OF AMHERST, MASS.
house." Aug. 3, 1761, a committee was appointed to make a plan of the land where a bridge over the Mill river, near Joseph Clary's, was thought to be needful, and also of the highway in that place.
The first mention of highways in the Third Precinct records is found under date of March 10, 1735-6, when it was voted that highway work should be done by " heads and Teams," and that a team should be equal to a hand per day. March 16, 1738, it was voted that highway work should be done by "pools," i. e. polls. This vote was repeated in 1740 and 1742. but in 1743 it was voted that the highway work should be brought into a rate. The prices allowed for highway work rose and fell with the fluctua- ting value of the currency. The highest prices paid were in the spring and summer months. The same sum was allowed for a man as for a team. In 1765; Amherst voted for repairs (in labor) £30, in 1777, 640: in 1783. £60; in 1784, 670; in 1791, {100. Surveyors of highways were first appointed in 1763. In 1774, it was voted that the highways should be put in equal repair with the county roads.' Jan. 2, 1769, Amherst appointed a committee to ascertain the bounds of the townways in the district, to erect sufficient boundaries, and to prosecute persons who had made encroach- ments on the highways. Highways were discontinued from time to time and new ones laid out. Damages were claimed and allowed to individuals for roads laid out over their land, and there were frequent exchanges of land for highway purposes. In 1799, the Sixth Massachusetts Turnpike corporation was chartered for the construction of a road from the east line of Amherst to Worcester, passing through the towns of Pelham, Green- wich, Hardwick, New Braintree, Oakham, Rutland, Holden, and Worcester. and uniting with the " great road in Shrewsbury," leading from New York to Boston.
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CHAPTER VIII.
INNKEEPERS. - CEMETERY AND TOWN LOT. - OCCUPATIONS. - PAUPER EXPENSES .- NEGROES .- PHYSICIANS .- LAWYERS.
The first innkeeper in the Third Precinct was Ebenezer Kellogg, from 1734 to 1737, and again from 1752 to 1757. From 1744 to 1756, Ephraim Kellogg, brother to Ebenezer, kept an inn. From 1757 to 1771, Moses Warner kept an inn near the meeting-house, which proved a great conven-
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LIQUORS AND LIQUOR SELLERS.
ience for the hungry and thirsty voters at district meetings. From 1758 to 1766, Moses Smith kept an inn on the Bay road. From 1758 to 1763, Alex- ander Smith kept an inn on the highway between the first and second divis- ions, south of the meeting-house. Among the other innkeepers in the earlier history of the town were Martin Kellogg, 1771-73 ; Gideon Parsons, 1777-78: Elisha Ingram, 1779-82 ; Oliver Clapp, 1778-85 ; Seth Wales, 1779-80; Daniel Cooley, 1780; Ezra Rood, 1779-84; Nathaniel Dickinson. 1781 ; Nathaniel Dickinson, Jr., 1783-85 ; David Trowbridge, 1781-82 ; Joseph Pet- tis, 1783-88 ; Nathaniel Peck, 1785-87 ; John Belden, 1787. The old inns or taverns were a peculiar feature of early life in New England. Most of them were simply large dwelling-houses, with two or three"spare"rooms where trav- elers could lodge for the night, and find a supply of food and drink. More attention was paid to supplying the wants of the thirsty than of the hungry. The bill of fare was simple but substantial and the prices charged were reasonable. But unpretentious as were these country taverns, they were the center of social life in the community.' Here were held the old- fashioned country dances, and here after the cows were milked and the "chores " done for the night the farmers assembled to discuss neighbor- hood matters, talk politics, smoke their pipes and season their discussions with New England rum. Here the village oracle established his head- quarters, relating anecdotes of earlier days and giving opinions on matters of politics, theology, and social economics that had behind them the authority that comes of years and of experience.
The early settlers in New England were a temperate people, but most of them came from England where indulgence in intoxicants was general. Following the custom prevalent in the mother country, licenses to sell liquor were granted, but only to persons of approved standing in the com- munity. The common drinks were wine and beer, until rum was brought from the West Indies. Beer was first made from imported malt, but later on of malt made from grain raised in the settlements. Cider was used as a beverage from an early date, and from its cheapness and the ease with which it could be manufactured became a common drink. "Flip", made of beer, sugar and spirits, was introduced near the close of the seventeenth century ; it soon became a favorite tipple. Drinking in moderation was a general custom, sanctioned by public sentiment. Liquor played a promi- nent part at " raisings " and in nearly all public celebrations. There was some drunkenness, but little of an offensive character, and apparently, in the earlier years, little poverty or suffering resulting from it.
Retailers of liquors were licensed aside from tavern-keepers, and of these Amherst seems to have had more than its proportionate share. Judd in his unpublished mss. gives the following list of 25 men who were licensed retailers in Amherst between the years 1759 and 1784: Josiah
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