History of Bedford, New Hampshire, from 1737 : being statistics compiled on the occasion of the one hundred and fiftieth anniversary of the incorporation of the town, May 15, 1900, Part 40

Author: Bedford (N.H. : Town)
Publication date: 1903
Publisher: Concord, N. H. : The Rumford Printing Co.
Number of Pages: 1202

USA > New Hampshire > Hillsborough County > Bedford > History of Bedford, New Hampshire, from 1737 : being statistics compiled on the occasion of the one hundred and fiftieth anniversary of the incorporation of the town, May 15, 1900 > Part 40

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leaving in the Committee's hands a balance of $15.29 to be disposed of as the town may direct.

JOHN ORR, SAMUEL BARR, Committee.

JOHN CRAIG,

A true record attest PHINEAS AIKEN, Town Clerk.

March 29, 1810. " Voted to lease the meadow lots belonging to the ministerial and school rights for 999 years from the date of the leases."

1812. " Voted to lease the meeting-house lot for the term of 999 years and that Moody M. Stevens, Joseph Colley, and James Darrah sell and lease same.

Articles of sale of the meeting-house lot :

Article 1. The highest bidder to be the purchaser.

Article 2. Notes with sufficient bondsmen will be received in pay- ment therefor, payable in one year with interest until paid.

March 26, 1812. A true record, attest :

MOODY M. STEVENS, Town Clerk.

On the above day the above said lot was vendued to the highest bidder and the same was struck off to Patrick McLoughlin at $4.50. (Signed) PATRICK McLOUGHLIN.

Attest : MOODY M. STEVENS, Town Clerk.

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MINISTERIAL LAND.

When the strip was taken off from the southerly end of Souhegan East, or Narragansett Number 5, and added to Merrimack (as is ex- plained in the chapter on the origin of the town), it became desira- ble to locate the meeting-house nearer the geographical center of the town. Accordingly, no church edifice was ever erected on the " meeting-house lot," although the first burying ground was there located. This lot has a prominent knoll, which was early termed " meeting-house hill," and by this name it is still known.

As has been seen, a portion of the lease purchase money was paid down and notes taken for the balance. These notes were lodged in the keeping of the town treasurer, and the interest upon them was received by him and turned in toward the payment of the salary of the Rev. David McGregore. For many years interest upon these notes amounted to something more than $100, the balance of his sal- ary being raised by direct taxation.

About 1820, in consequence of the passage of the Toleration Act of 1819, an effort was made to collect the principal of these notes. Between that date and 1834 this seems to have been done, for when the town farm was purchased in that year the money for the purpose came from these payments, and from the surplus revenue received from the United States, a fact remembered by some of our oldest inhabitants, but of which no record has been found upon the town books. The town continued to pay interest on the sum received from the sale of its ministerial land, toward the support of the min- ister, for many years. The money was, however, paid to the church societies in a proportion determined as follows: The selectmen when taking the inventory each year, inquired of each taxpayer as to which religious society he chose to have his proportion of the income from the ministerial fund devoted, and it was divided accordingly. At times, however, it was voted by the town that those portions as to which no preference was expressed should be devoted to the support of the Rev. Thomas Savage, the Presbyterian pastor. From the records of the Universalist society it is learned that so large an amount as $30 in one year was received from the town as the result of the above described canvass. It may be safely presumed that for the greater part of the time the balance went to the Presbyte- rian society.

Other towns than Bedford were in possession of similar funds, similarly derived, and their action had been the same as Bedford's, but it seems that an element had arisen in these towns which was

394

HISTORY OF BEDFORD.

either not enthusiastic for the support of the ministry by what was virtually town aid, or else following the logic of the Toleration Act, felt that such aid was not legal. They were industrious thinkers in those days, and there was basis for the belief that indirect evasion of the law, if not a positive infraction of it, was going on. At length the authorities of some towns refused to devote the income from the ministerial fund towards the support of any religious society. In other towns, individual taxpayers refused to pay the assessments levied for that purpose. Thus the matter came into the courts. Wilton was one of the former, and a proceeding in Henniker came within the latter class.

While the particulars may have no place here, it is pertinent to state that the decisions of the court were in substance, that the as- sessments were illegal and if made in connection with those for the payment of other town charges would invalidate the whole assess- ment, if the point were raised. The explanation was practically this : The land was granted to the original proprietors, as an induce- ment to, and in order to make easy, the establishment of a church. It was the property of the town and not of the church, and held absolutely in trust. A church having been established and a minis- ter settled, the greater part of the duty of providing for gospel teaching had been performed. It therefore remained for the resi- dents of the town to carry on the work from such a start. The town had the right to devote the proceeds of the ministerial land to the purchase of a farm or to any other legal purpose whatever, and having done so, there was no authority which could compel it to re- verse its action or to treat the transaction in any other way than as an exercise of its legal authority.

News of these decisions spread quickly, and soon after 1850, when some feeling between the religious societies in Bedford had devel- oped, it appears that there happened to be elected on the board of selectmen two men who were not Presbyterians. The Universalist society had disbanded ; the Baptists were in but little, if any, better condition. This board of selectmen refused to raise or appropriate any money for the payment of the interest on the ministerial fund, thus breaking a long-established custom. It can readily be seen why conscientious authorities, in the face of the decisions rendered as to other towns, should hesitate to take any other course. Although undoubtedly sustained by the majority of their fellow-townsmen, it was reasonably certain that if the point were raised and pressed by

395

MINISTERIAL LAND.

any objector, the entire assessment which they should levy would be declared illegal and uncollectable, if it contained any money to be applied for religious purposes. Several of the more zealous mem- bers of the Presbyterian society endeavored to bring about such a solution of the problem as would allow the money that had been so long available, without question, for use by the Presbyterian society, to be continued. Among them was Dr. Peter P. Woodbury; but these efforts were unsuccessful. The date of the last payment to the Presbyterian society, which its records show, was 1853, and the amount was $113. In 1857 Dr. Peter P. Woodbury was appointed in town-meeting to secure the original grant of the ministerial land, which he did, the idea manifestly being to show that so far as Bed- ford was concerned the grant was in the nature of a trust for the maintenance of the ministry there in perpetuity, rather than for the mere establishment of a church.

But the problem still remained unsolved. Was the town liable for the interest upon the ministerial fund ?

After the death of Dr. Woodbury, which occurred in 1860, and more particularly after the town had sold its poor farm in 1862, and covered the money received therefor into its treasury, work upon the problem was renewed. Foremost in it was Solomon Manning. During the legislative session of 1865 he went to Concord and worked with Col. George W. Riddle to obtain the passage of an act which would enable the town to pay this money toward the support of the ministry. They secured the assistance of Judge Asa Fowler, and the following act was passed :

Whenever any city or town shall be in the possession of funds, the proceeds, whether directly or indirectly, of property or funds originally set apart for the purposes of education or the support of the ministry, it is lawful for such city or town at any legal meeting, duly notified and holden for that purpose, to set apart and devote such funds for the purposes of their original destination, and to pro- vide for their investment and management by trustees appointed for that purpose and for the application of the income of such funds to aid the cause of education or in support of the ministry, in such just and equal manner as said city or town may determine.

It may be inferred that the act was made general in its provisions to avoid a local contest, and "education " was brought in so promi- nently in order to disarm possible sectarian opposition. It was, nevertheless, a fact that the overwhelming majority of the town favored a payment of the annual income to the support of the min- istry, as had previously been done. In pursuance of this act, the

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HISTORY OF BEDFORD.

the parties to these presents have interchangeably set their hands and seals the day and year first above written.

Signed, sealed and delivered

John Orr (seal)

Samuel Barr (seal)

in presence of

John Craig

(seal)

Ezekiel Gardner

Sam'l Chandler (seal)

Silas Dole

Rec'd and recorded 7 oct", 1803, & examined by Isaac Brooks, Reg"

This indenture of Lease made the second day of April, one thou- sand seven hundred and ninety nine, by and between William McAfee and William Riddle, yeomen, and Samuel Chandler, trader, all of Bedford in the County of Hillsborough and State of New Hampshire, on the one part, and Isaac Riddle, of the same Bedford, Trader, on the other part,

Witnesseth, that the said William McAfee, William Riddle, and Saml. Chandler under particular appointment, as per vote of the said town of Bedford, passed the 21st day of March last past, hav- ing received of said Isaac Riddle good security for five hundred and fifty seven Dollars and 80 cents, payable on demand with interest to the Selectmen of Bedford for the timbering and also sixty eight Dollars and ninety two cents in specie all which security and cash together with eight dollars paid to the Selectmen of Bedford on the 26 of January 1795 and sixty six dollars and 92 cents paid the selectmen of said Bedford on the 9th day of Feby. 1797 amount in the whole to seven hundred and one dollars and 64 cents in con- sideration of which and of the rents, covenants, and agreements hereinafter mentioned and reserved on the part and behalf of the said Isaac Riddle, to be paid, done and performed, do hereby remise, lease, set and to farm let unto the said Isaac Riddle, his heirs, assigns for and during the term of nine hundred and ninety nine years from the twenty sixth day of January Anno Domoni 1795- a certain lot of land lying in said Bedford, containing by estimation one hundred and thirty acres, be it more or less, and is numbered fifty eight third division, originally drawn and recorded to the Ministry and bounded northerly on Joseph Patten's farm, easterly on home lots, southerly on number fifty seven, third division. To have and to hold to the said Isaac Riddle, his heirs and assigns with all its appurtenances and privileges, during the term aforesaid, excepting the road land on sd premises which is hereby reserved ; and the said Isaac Riddle on his part engages for himself his heirs and assigns to render or pay unto such person as the Town of Bed- ford shall appoint one ear of Indian corn, as a rent therefore, annu- ally if demanded, and at the expiration of said Term, to deliver up unto the said Town of Bedford the peaceable possession of said leased premises.

In testimony whereof-the parties to these presents have inter-

399

MINISTERIAL LAND.

changeably set their hands and seals the day and year first above written.

Signed, sealed and Wm. McAfee (seal) delivered in presents of Wm. Riddle (seal) Sam1. Chandler (seal)

Samuel Barr, Roger Vose,

Recd. and Recorded 1 April, 1801 & Examined

by Jona Smith Regi.

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HISTORY OF BEDFORD.

the parties to these presents have interchangeably set their hands and seals the day and year first above written.

Signed, sealed

John Orr (seal)

and delivered

Samuel Barr (seal)

in presence of

John Craig (seal)

Ezekiel Gardner

Sam'l Chandler (seal)

Silas Dole

Rec'd and recorded 7 oct", 1803, & examined by Isaac Brooks, Reg"

In testimony whereof-the parties to these presents have inter-

399

MINISTERIAL LAND.

changeably set their hands and seals the day and year first above written.

Signed, sealed and

Wm. McAfee (seal)

delivered in presents of

Wm. Riddle (seal)

Samuel Barr, Roger Vose,

Sam1. Chandler (seal)

Recd. and Recorded 1 April, 1801 & Examined

by Jona Smith Regi.

396

HISTORY OF BEDFORD.

warrant for the next annual meeting, March, 1866, contained three articles upon the subject, and it was voted thereunder that :

The town hereby set apart and devote for the purpose of their original destination such funds as may be in possession of the town, as were originally set apart for the support of the ministry, and the proceeds thereof, and that the income of the same be applied in the following just and equal manner, viz .: that the sum originally set apart for the ministry or the proceeds thereof be applied to the sup- port of the Gospel in said town of Bedford.

Gardner Nevins, Solomon Manning, and Daniel Barnard were ap- pointed trustees to have charge of the fund, and the selectmen were authorized to pay over to them such money as was in possession of the town and belonging to the ministerial fund.

The extraordinary expenses due to the Civil war had more than exhausted the town's treasury, but a note of the town was issued to the trustees, bearing date of April 2, 1866, for $2,100. It is presumed that the sum was agreed upon as the amount actually received by the town upon the long term lease, or as we should now call them " sales " of the ministerial lands, prior to the year 1834. Still the long standing problem was not finally settled. Interest on this note was paid for the years 1866 and 1867, but the board of selectmen for 1868 refused to pay it, and in the warrant for the annual meet- ing of 1869 is found an article, "To see what action the town will take in regard to paying interest on the above note." It was voted to choose Solomon Manning and Joseph H. Stevens a committee to investigate the matter of the ministerial fund.

The record of the next annual meeting reads that "This commit- tee reported and the report was accepted and the committee was discharged." Mr. Manning states that the committee consulted eminent counsel, among whom was the same Judge Fowler who had been formerly consulted, and they were assured that if the act under which the town was proceeding was passed upon in the courts, it would unquestionably be declared unconstitutional. They so re- ported. Thereupon, the long agitated subject was finally dropped and no further effort has been made toward securing for any church in Bedford any portion of the ministerial fund.

The clause in the constitution upon which this final settlement undoubtedly rests is Article VI of the Bill of Rights :

And no person of any particular religious sect or denomination shall ever be compelled to pay toward the support of the teacher or teachers of another persuasion, sect, or denomination.

397

MINISTERIAL LAND.

A COPY OF THE LEASE OF PART OF THE MINISTERIAL LANDS.

This indenture of lease made this thirteenth day of September, one thousand eight hundred and two, by and between John Orr, Esq., Samuel Barr, Gent. and John Craig, Yeoman, all of Bedford, in the County of Hillsborough and State of New Hampshire of the one part and Samuel Chandler of the same Bedford, trader of the other part.

Witnesseth, that the said John Orr, Samuel Barr and John Craig, under particular appointment as per vote of the town of Bedford, passed the twenty-third day of March last past; having received of the said Samuel Chandler, nine dollars and seventy cents in specie and security for four hundred seventy five dollars and sixty eight cents payable to the Selectmen of said Bedford, in two years from the twentieth day of April, one thousand eight hundred and two with interest, in consideration of which and the rents, covenants and agreements hereinafter mentioned and reserved on the part and be- half of the said Samuel Chandler to be paid, done and performed, do hereby remise, lease set and to farm let unto the said Samuel Chand- ler, his heirs and assigns for and during the term of nine hundred and ninety nine years, from the twentieth day of April, Anno Domini 1802, two certain tracts of land in said Bedford, described as follows, viz : one tract (293.10), containing twenty five acres and forty rods, being part of lots number ten and eleven in the ninth range, second division and bounded as follows, viz: beginning at a heap of stones on the south line of sd lot number eleven forty rods east from the southwest corner of said lot; thence running North two degrees west about one hundred and one rods to the north line of lot number ten aforesaid; thence easterly on sd line forty rods ; thence south two degrees east to a heap of stones on the south line of said lot number eleven, thence westerly on sd line to the bound first mentioned the other tract (192.28) contains fifty-one acres and one hundred and fifty-five rods, being part of lot number fifty-nine, third division, bounded as follows : beginning at the north- west corner of said lot: thence running south two degrees east one the range line seventy six rods, thence north eighty-eight degrees east to the road now occupied through said lot ; thence northerly by the west side of sd road to the North line of sd lot; thence westerly on sd line to the bound first mentioned ;

To Have and to Hold the said leased premises with all its appur- tenances and privileges to the said Samuel Chandler, his heirs and assigns during the term aforesaid. And the said Samuel Chandler on his part for himself, his heirs and assigns engages to render or pay unto such person as the town of Bedford shall appoint, one peck of potatoes annually as a rent therefor, if demanded, and at the ex- piration of said term to deliver up unto the said town of Bedford the peaceable possession of said leased premises. In testimony whereof

The Parsonage Association.

The Bedford Parsonage association was formed in April, 1866, with an authorized capital stock of $3,000, divided into shares of $25 each. The following were the original shareholders : George W. Riddle, Daniel Barnard, Charles Gage, Gardner Nevins, Frederick F. French, John Barr, Thomas G. Holbrook, John Goffe, Stephen C. Damon, Nathaniel Flint, E. P. Parkhurst, Eliza B. G. Woodbury, F. R. French, S. A. Shepard, Solomon Manning, Paul T. Campbell, Phineas C. French, Samuel Patten, Adam N. Patten, Samuel Chandler, Samuel P. Dunklee, Frederick Hodgman, John A. McGaw, 4 shares each; David Swett, 3 shares; William McAllister, Blanchard Nichols, O. L. Kendall, Thomas Bursiel, C. S. Shepard and Moody M. Stevens, 2 shares each; John Adams, 1 share.

The meeting for organization was held April 10, 1866. John A. McGaw was chosen chairman; Solomon Manning, secretary; and Solomon Manning, Charles Gage, and Nathaniel Flint, trustees ; Charles Gage, treasurer; William W. Wilkins, clerk.

Three propositions relative to the location of the building were received, one from Isaac Riddle to sell one acre of land for $500; Thomas J. Rollins proposed to sell his farm for a parsonage for $2,800; the owners of the Baptist church and site offered the prop- erty for $500, and the latter proposition was accepted. The follow- ing were named as a building committee : Daniel Barnard, Fred- erick Hodgman, Nathaniel Flint, Charles Gage. An assessment of $5 on a share was ordered, payable May 1; another of $10, pay- able June 1, and a third of $10, payable August 15. The contract for the building was awarded to Dean Bixby, of Manchester, the building to be completed on the 10th day of July. The contract price was $450.1 The buildings were to consist of a dwelling house, of two stories, 32 feet long by 24 feet wide, with an L, one and one half stories, 26 feet long by 16 feet wide; a barn 24 by 20 feet. At a meeting held November 19, 1866, the building committee

1 Taken from the record book and exactly as there stated.

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THE PARSONAGE ASSOCIATION.

reported that the entire cost of the parsonage was $3,223.13. At a subsequent meeting it was voted that the rent be $200. This was reduced in 1882 to $150, and in 1883, to $100.

In December, 1866, the capital stock was increased $250, and it was voted to assess $4 on a share to pay up the debts on the parsonage.

The articles of agreement were amended in 1893, authorizing stockholders to sell or transfer their shares without first obtaining the consent of the association. Previously, such consent had been required, or the shares were to be forfeited.

In 1901 the shares were held as follows: Presbyterian church, 10; Frances E. Woodbury, 23; Gordon Woodbury, 12; William M. Patten and Milton N. Flint, 8 each; Daniel Barnard, Charles Gage, Frederick F. French, John Barr, Stephen C. Damon, Eliza B. G. Woodbury, Solomon Manning, Samuel Chandler, Samuel P. Dunk- lee, and Elbridge J. Campbell, 4 each; Freeman R. French, 5; William McAllister, Charles Bursiel, 2 each.

The Presbyterian Vestry.

The general gratification of Presbyterians throughout the country over the union of the two branches of the Presbyterian church-the old school and the new school-in 1870, was shared by the members in Bedford. Deacon S. C. Damon had been a delegate in attendance at the Presbytery at Philadelphia, at which the action of union had been taken.

It had been recommended that $5,000,000 be raised by the Pres- byterians of the country as a thank offering for such result, and be expended for the better equipment of the strengthened church in the prosecution of the work of gospel dissemination and Christian teaching.

The need of a building, smaller than the church and especially adapted to the needs of gatherings for prayer, Sabbath school, lec- tures, etc., had long been felt. It was promptly suggested that Bedford's portion of the memorial fund, recommended as above mentioned, should be devoted to providing a vestry building.

In response to a resolution "that a meeting of the church and society be called with a view to consider the expediency of building a lecture room and otherwise improving the church edifice," a spe- cial meeting was called, to be held October 20, 1870. Under the appropriate article in the above-named call, the following preamble and resolution was adopted :

WHEREAS, the want has long been felt for a suitable room for the uses of the Presbyterian church wherein to hold its Sabbath school sessions, prayer meetings, lectures, and other meetings, and

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History of Bedford, New Hampshire, from 1737 : being statistics compiled on the occasion of the one hundred and fiftieth anniversary of the incorporation of the town, May 15, 1900, Part 40

Author: Bedford (N.H. : Town) Publication date: 1903 Publisher: Concord, N. H. : The Rumford Printing Co. Number of Pages: 1202

Author: Bedford (N.H. : Town)
Publication date: 1903
Publisher: Concord, N. H. : The Rumford Printing Co.
Number of Pages: 1202