USA > New Hampshire > Sullivan County > History of Cheshire and Sullivan counties, New Hampshire > Part 96
USA > New Hampshire > Cheshire County > History of Cheshire and Sullivan counties, New Hampshire > Part 96
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A. S. Mail .-
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BENCH AND BAR.
Vt., in April, 1846, and soon commenced the prac- tice of his profession at Alstead, N. H., where he continued until May, 1857, when he removed to Newport, N. H., and was the law partner of the late Hon. Edmund Burke until 1867, when the partnership was dissolved, since when he has con- tinued the practice alone, and has been engaged in the trial of many important causes. In June, 1865, he received the honorary degree of A.M. at Dartmouth College. As a studious, pains- taking and profound lawyer he has but few equals in New Hampshire. During the ten years that he was a partner with Mr. Burke he argued orally the law points of most of the cases in which the firm was employed and which were carried before the full bench. His briefs have been considered able and exhaustive. A chief justice of the New Hampshire Supreme Court once said to the writer of this sketch, that his court was very careful when Mr. Wait stated a legal proposition or laid down a principle of law, before antagonizing his positions. Some years ago the British govern- ment ordered the publication of a new edition of the work of Bracton upon the laws of England. On the issue of the first volume, Mr. Wait de- tected an error in the rendering of the original Latin into English, which not only misrepresented the author, but misstated the law. He addressed a letter to Sir Traverse Twiss, the editor, at London, suggesting the error. In the sixth and last vol- ume of the work there appeared in the Introduc. tion a very handsome and courteous acknowledg- ment of Mr. Wait's suggestion and also of the error to which it called attention. Bracton's work was written in the reign of King Henry III., and is the earliest general treatise upon the English law. The author is styled " The Father of the English Law."
Mr. Wait has a decided taste for literature and science, and has given considerable attention to these subjects and pursuits, in some of which he is an enthusiast. He has a large collection of rare and valuable books devoted to these matters. From an early age he has been especially interested
in the science of geology and has an extensive cabinet of choice mineral specimens, the collec- tions of many years, illustrating this most fasci- nating science. He has written a great number of essays and delivered lectures upon various sub- jects. His lectures upon " American Antiquities," "Spectrum Analysis " and " Greek Character " have been highly commended. They have been delivered in Newport, Claremont and some other places, and that on "Greek Character " was de- livered before the New Hampshire Antiquarian Society. He delivered the historical address at the Centennial Celebration of the Congregational Church, at Newport, on October 28, 1879, which was considered a very able performance, showing much patient labor and research.
For many years Mr. Wait has been a Free- Mason and has a great love for the principles in- culcated by the order and an admiration for the work in its different degrees. He has been one of the most active and devoted members, and is said to be one of the most accomplished ritualists in the State. He has been Grand High Priest of the Grand Royal Arch Chapter, and, in 1878, was Grand Commander of the Grand Com- mandery of Knights Templar of New Hamp- shire. For several years he has been chairman of the committee on foreign correspondence of the Grand Chapter and Grand Lodge, and has written the reports of these committees, in which was discussed at considerable length the progress, the judicial aspect and the literature and improvement of the institution, established as it is in almost every section of the world, and as an- cient almost as civilization itself. These reports are among his most finished productions and have attracted much attention. He is regarded as au- thority in Masonic law in New England, if not throughout the entire country.
In religion, Mr. Wait is a Congregationalist ; in politics, always a Democrat. He has three times been a candidate of the Democratic party for rep resentative for Newport in the Legislature, and twice for State Senator for his district. Each
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HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.
time he received the full vote of his party, which, however, was not sufficient to elect him. In 1864 he was a delegate to the Democratic National Convention at Chicago.
Mr. Wait is a member of the New Hampshire Historical Society, the New Hampshire Antiqua- rian Society, the Webster Historical Society, lo- cated in Boston ; the New Hampshire Club and the American Bar Association.
Mr. Wait has been three times married,-Octo- ber, 1849, to Caroline, daughter of Rev. Seth S. Arnold, of Acworth, N. H. She died in May, 1851.
June 23, 1854, to Harriet E. Kingsbury, of Alstead, New Hampshire, who died February 21, 1873.
December 22, 1880, to Ella O. Eno, of West- field, Mass., by whom he has one daughter.
HISTORY OF ACWORTH.
CHAPTER I.
THE town of Acworth lies in the southern part of the county, and is bounded as follows : North, by Unity ; east, by Lempster ; south, by Cheshire County ; and west, by Charlestown and Langdon.
This town was first granted by Governor Ben- ning Wentworth, December 28, 1752, to Colonel Sampson Stoddard, of Chelmsford, Mass., and sixty-nine others, by the name of Burnet, prob- ably in honor of Governor William Burnet. At this time white people could not live safely in this vicinity at any great distance from the fort at No. 4, (now Charlestown), on account of the Indians ; and the town, with others, was probably granted by Governor Wentworth with a view of asserting New Hampshire's claim to the territory, which was also claimed by Massachusetts, and at that time in dispute. No attempt was made to settle under this grant, and it was regranted, September 19, 1766, to Colonel Stoddard and sixty-four others, by the name of Acworth, probably in honor of the Governor's friend, Lord Acworth, of England.
In 1767 three young men from Connecticut- William Keyes, Joseph Chatterton and Samuel Smith-located here and commenced clearing farms. The grant of 1766, being forfeited by the non-fulfillment of some of its provisions, was ex- tended by Governor John Wentworth, May 30, 1772, and was bounded as follows :
" Beginning at a stake and stones & runs North two degrees West six miles and an half to a stake and stones, the South West corner of Unity, from thence running East by the needle five miles & three quar- ters to a stake and stones, from thence South by the needle six miles & an half to a stake and stones, from
thence West by the needle five miles & & to the bounds first mentioned."
In 1772 the town contained fourteen houses.
Reasons for not wanting to be Classed for Representa- tive, and Vote of Town.
"The reasons why we do not join with Towns of Unity, Acworth, Lemster, Saville, Croydin & New- port as we did the last year in chusing a Representa- tive is this : viz : then we Supposed they was to act only upon the present Exigencies of the Government, but now the case is much altered, the Honourable Contintal Congress has declared their independence of Great Britain therefore we think that the present as- sembly has not taken right methods in issuing out their precepts for the choice of Representatives and Counsellors for the year Ensuing, for in the first place they have as to Representatives in Some incor- porated Towns allowed two or three representatives, to others they have joined five or six towns togather, whereas we think every incorporated town ought to be represented by themselves. Then as to Counsel- lors in one Conty they have ordered five, in Some others two, and in one County but one, which we Look upon not according to liberty, for as this State is but one body we think they ought to be Chose by the people at large, and also they have ordered that neither of these Shall have a Seat in the assembly without they have Real estate to the value of two hundred pound Lawful money, whereas we think every Lawfull elector is a Subject to be elected.
" Voted that the above resons be Sent to the Coun- sell and assembly of this State which is to Convene togather at Exeter the third wednesday of this instant and that the town Clerk Shal Sign it in behalf of the town. This done at a Legal town meeting.
" Acworth December 9th A D 1776
" THOS PUTNAM Mod"
" A true Coppy attest SAM" SILSBY town Clerk."
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HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.
Certificate of non-receipt of Precept by the Selectmen. "To Whome it may Conciern.
"This may Sertify that there wase No precept Come to us or to this town So fare as we know to rais one of the New Emmision taxes for the year 1781 also one of the specie taxes & there wase no act come to us or to this town to rais aney beef in the year 1781.
" attest " DANIEL GROUT ) Select- " ISAAC FOSTER S men.
"acworth febury ye 12th 1781.
Petition of John Duncan in behalf of the Town.
" To the Honble the Counsil & House of Representa- tives for the State of Newhampshire Convened at Exeter, Febry 26th 1783.
" The petition of John Duncan of Ackworth in said State in behalf of said town Humbly Sheweth.
" That Wheras your Petitioner finds That there is an Extent issued against Said Town for nonpayment of a New Emmision Tax for the year 1781 as also for a specie Tax for the Same year Likewise for a Beef Tax for that year, for all which your Petitioner beg Leave to inform the Honble Counsil that we never Received any Precept for assessing any of said Taxes : as will more fully appear by a Certificate under the Hands of the Selectmen of Said Town.
" Wherefore your Petitioner prays That new pre- ceipts may Issue to the Sellectmen of Said Town for the assessment of the above said Taxes and as in Duty Bound Shall pray.
" JOHN DUNCAN.
"State of In the house of Representatives Feb- New Hamp. $ ruary 26th 1783.
" Upon Reading & considering the foregoing Peti- tion Voted that the prayer thereof be granted.
"Sent up for Concurrence.
"JOHN DUDLEY, Speaker.
" In Council the same day read and Concurred.
"E. THOMPSON, Secy."
Memorial of John Duncan relative to Taxes of 1781.
" To the Honble the Council & House of Represen- tatives for the State of Newhampshire Convened at Concord on the third wensday of December 1783. The memoriel of John Duncan in behalf of The Town of Acworth in Said State humbly Sueth That your memorialest on Febry ye 26th 1783 Did Petition the Honble Court Laying before them the Dificulties
we Labor under in having Extents issued against Said Town : when we Never had aney act or Precept to inable the Selectmen to asses the Town in Said Tax.
" One New Emmision for the year 1781 also a Spe- cie tax for the Same year Likewise for a Beef tax for the Same year, all that your memorialest then praid for wase to heave the present Selectmen inabled to asses the town in the above three taxes all which wear granted, as will apair Reference being had as to the above petition which is Now in heand & we pro- ceeded accordingly & ordered the Colector to pay unto the treasurar of Said State the three aforesaid taxes but altho we heave Colected State Securities to pay Said beef tax with interest according to Law yet the treshurar says he is Not willing to discount Said tax untill we fetch a resolve of Cort to inable him to take the State Securities in Lu of the beef & if this resolve is Not granted to us we shal be obleged to take the State Securites from the Colector & rais another tax in Specie to pay for the beef tho we Never had aney pour to rais it which we are in Now ways able to do at Present altho our wills weare ever so good. " Therefore we pray your Honors to take our Case into your wise consideration & grant us Releef and as in duty bound Shall Ever pray.
" Acworth Deemr ye 13th 1783.
" JOHN DUNCAN."
Petition for the Right to Tax Non-Residents for Repair of Highways, etc.
"State of New Hamp ) To the Hon. the Council &
Cheshr ss. House of Representatives in Genneral Assembly at Con- cord Convened. -
" The petition of us inhabitants of Lemster, Unity and Acworth humbly Shews that your petitioners Living in a hill country where there is several Large Streams to Bridge and Roads to be made and main- tained at a Verry Great cost and charge, several of which is made through large tracts of Unimproved lands the Owners ofSd lands must Reap Great advantage our labor in advancing their interest yet they are freed by law from aney tax to highways whil your Petitioners Unimproved lands is Subjected thereto which is Surely unjust and oppressive.
" Wherefore we pray your Honnors to take the matter under your wise consideration and Grant us Relieff by Passing an Act that Sª Unimproved lands
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ACWORTH.
pay their proportion of all Highway taxes, otherwise that Roads and Bridges may be made and maintained through Unimproved Lands at the Charge of the Owners or in Such other way as to your hon8 may appear just &c-and your Petitionars as in Duty Bound Shall Ever pray
" JOHN DUNCAN
" in behalf of the petitioners."
Selectmen's Petition about Beef, 1786.
"ACWORTH June ye 1 1786
"To the Honbl the Senate and House of Representa- tives Convened at Concord The first wednesday in June instant
" The Petition of the Selectmen of Acworth in be- half of said Town Humbly Sueth that in obedience to an act of Law Passed in this State the 27th of June 1780 calling on the Towns to furnish the States Col- lector with beef for the use of the army And on de- livering Sd beef & taking the Collectors recpt for The same (which is to Sd Acworth 3,415 pounds) we should be Credeted for the Same in the Next years tax of New Emision Accordingly we Delivered 3425 pounds of beef and produced Our Recpts to the Treasurar But he tels us that the Collector Did not Return aney But 1925 pounds of beef and he will not Give us Credet without an order from this Honbl Cort and as we in obedience to your Hon's did deliver the full Sum of 3425 Pounds of Beef as doth apear by Recpts Now in hand and Likewise John Hubbard Esqrs Testemony Theirfore We pray your Honers to take our Case into your Serious Consideration and as we are not to be accontabl for the Neglect of the States Collector in not Returning all the Beef he Collected, theirfore we Trist your Honers will Direct the Treshurar to Give us Credet for all the Beef we delivered and for the Remendar of the beef more than setls the New- emision tax we desier To have it Reducted from the Beef we ow in the Next year which is the year 1781 or aney other way in your wisdoms you shall think pro- per and we as in duty bound Shall Ever pray.
" JOHN DUNCAN
" DANIEL GROUT
" AMOS KIYES,
---
Select- men."
The allowance was granted.
Petition for Authority to Tax Non-resident Lands.
" ACWORTH September 18th 1787
" To the honorable Senate and house of Represen- tatives now sitting at Charlestown. The petition of
James Campbell in behalf of the inhabitants of the town of Acworth Humbly Sheweth That your Peti- tioner has been at great Expences in repairing roads and Building a Meeting-house which has greatly In- creased the value of lands belonging to Nonresidents, Granting this to be the Case your honors will Con- clude they Ought to contribute a small moity to de- fray the Charges that has or may arise. And we are further incouraged to ask, and expect your honors hearing and Assistance, as we had one bridge over Cold river burnt with fire, And another Carried off by Water, the buttmans of which cost us Sixty pounds, as we have been great Sufferers, therefore we pray your honors to consider our case and Grant that we may be enabled to asses and Collect Two pence on the acre of all lands lying in said Acworth belonging to Nonresident Owners. And we as in duty bound Shall ever pray.
" JAMES CAMPBELL in behalf the
inhabitants of the town of Acworth."
" To the Honorable General Court of the State of New Hampshire.
"The Petition of Matthew Wallace of Acworth humbly Sheweth that he was commited to Goal in Keene the tenth day of June last and not being able to pay the contents of the Execution-the Honorable the Justice of the Superior Court in October last ad- mited him to the Oath prescribed in an Act entitled an act for the ease and relief of Prisoners for Debt and ever since your Petitioner hath been and is now detained in the Goal in Keene aforesaid by his Mer- celiss creditor-and that your Petitioner hath a large family of small children who are in a suffering con- dition even for the Necessaries of life and your Peti- tioner in his present situation can afford no relief which must be peculiarly depressing to a Husband and a father and more easily felt than described-and your Petitioner is worth nothing and never like to be in his present situation and without a friend to pay the Debt and no one to Shew mercy to him in that way- Wherefore he most earnestly prays that this Honble court would pass an act to relieve poor prisoners in this Situation after they have paid the uttermost far- thing that creditors may not be suffered to triumph in the distress of an honest Debter and in the entire de- struction and Deaths of his Wife and Children -
" and as in duty bound will ever pray.
" Keene prison June ye 1st day 1792.
" MATTHEW WALLACE."
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HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.
The Congregational Church in Acworth was or- ganized March 12, 1773, with eight members, as follows : Henry Silsby, Bethiah Silsby, Thomas Putnam, Rachel Putnam, Samuel Silsby, Elizabeth Silsby, Dean Carlton, Anna Cross.
During the first fifteen years the church was supplied by George Gilmore, David Goodale, Isaiah Kilburn and others. The first pastor was settled on the second Tuesday of November, 1789. The first meeting-house, erected in 1784, in front of the present house, was not ready for use till 1789. The present edifice was built in 1821. The Confession of Faith and Covenant were revised by direction of the church, and adopted in their pre- sent form by vote of the church, on the 13th of April, 1884.
The following is a list of the pastors and min- isters :
Rev. Thomas Archibald, ordained November 1789, dismissed June 13, 1794; Rev. John Kim- ball, ordained June 14, 1797, dismissed May 4, 1813; Rev. Phineas Cooke, ordained September
7, 1814, dismissed February 18, 1829, died April 28, 1853, buried in Acworth ; Rev. Moses Gros- venor, installed October 14, 1829, dismissed April 25, 1832; Rev. Joseph Merrill, installed October 16, 1833, dismissed July 11, 1838; Rev. Thomas Edwards, installed August 19, 1841, dismissed February 16, 1843; Rev. R. W. Fuller, acting pastor, 1843-1845 ; Rev. Edwin S. Wright, or- dained January 7, 1846, dismissed March 10, 1856; Rev. Amos Foster, installed February 18, 1857, dismissed June 13, 1866 ; Rev. J. L. Mer- rill, installed June 13, 1866, dismissed March 1, 1870; Rev. S. V. McDuffee, acting pastor, June 7, 1870-71; Rev. Nathan R. Nichols, ordained February 1, 1872, dismissed September 30, 1873 ; Rev. James Marshall, installed June 9, 1874, dis- missed April 25, 1877 ; Rev. Benjamin H. Laba- ree, D.D., acting pastor April, 1877-November, 1878; Rev. Albion H. Johnson, acting pastor, November, 1878-September, 1882; Rev. Edward G. Stone, acting pastor, November 26, 1882 to pres- ent time.
HISTORY OF CHARLESTOWN.
CHAPTER I.
Geographical-Original Grant-The First Settlements --
Names of Pioneers- The French and Indian War -- Ex- posed Condition of the Settlement-Fort Erected-French and Indian Raid-The Town Attacked-Seth Putnam Killed-Later Troubles-Incorporation of Town-Named in Honor of Commodore Sir Charles Knowles-First-Town Meeting-Officers Elected.
THE town of Charlestown lies in the western part of the county, on the Connecticut River, and is bounded as follows :
On the North by Claremont ; East, by Unity and Acworth ; South, by Langdon ; West, by Connecticut River, which separates it from Ver- mont.
The first grant of the town was made by Massa- chusetts December 31, 1735. The first settlement was made in 1740 by David, Samuel and Stephen Farnsworth. They were, however, soon after fol- lowed by Isaac Parker and sons, Obadiah Sartwell, John Hastings, Moses Willard and Phineas Stev- ens, all of Massachusetts. Only three of the orig- inal proprietors became settlers, Captain Phineas Stevens, Lieutenant Ephraim Wetherbe and Ste- phen Farnsworth. In consequence of its location on the frontier, and liable to Indian incursions, the settlement of the town was very slow. In 1774 there were not more than ten families.
The town had been settled only about three years when it became apparent that a war was imminent, and the settlers began to adopt measures for their defense.
A meeting was therefore notified on the petition of the following proprietors, viz .: David Farns-
worth, Moses Willard, Phineas Stevens, Isaac Par- ker, Jr., Obadiah Sartwell, John Avery and Charles Holden, for the purpose of " considering the present circumstances of affairs and the danger we are in of being assaulted by an enemy, in case a war should happen between the kingdoms of Eng- land and France; and to consider and transact what is proper to be done in respect of building and furnishing a fortification or fortifications in said township, for the defense and better security there- of." This meeting was notified by Dr. John Hast- ings, proprietors' clerk, and was held at the house of John Spafford, Jr., November 24, 1743.
At this meeting, the erection of a fort having been decided upon, the following votes relating to the election of committees and other matters essen- tial to the carrying out of their design were passed :
" 1st. Voted-That John Hastings, Lieut. John Spafford and John Avery be a Committee to take ac- compts of men's labor at the Fort and to see the Fort completed. (To this Committee John Spafford, Jr., and Samuel Farnsworth were subsequently added.)
" 2nd. Voted-That a Carpenter be allowed 98., Old Tenor, per day ; each laborer 78., per day, and a pair of oxen 38. 6d., per day, Old Tenor.
" 4th. Voted-that the above Committee be Im- powered to finish or complete the Fort so far as they shall judge necessary and convenient.
“5th. Voted-That the charge of building the Fort shall be assessed upon and paid by the proprie- tors.
"6th. Voted-That the Committee be allowed £5, 108. 0d., for setting up the house at the North-West corner of the Fort and Completing the same.
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HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.
"7th. Voted .- That the sum of £12 be allowed the Committee to be laid out to such workmen as they shall agree with to fit up the house that was Lieut. Witherby's, so that it may be suitable to meet in, in such manner as the Committee shall think conve- nient.
"8th. Voted-That the sum of £300, Old Tenor, be assesssed on the proprietors of the Township, for the charge that has arisen in building a Fort, and for paying the charge that shall arise in completing the Fort so far that it may be convenient and defensible, and if all the £300 be not needful to be expended for finishing the Fort, the overplus to be laid out for other necessary uses for the good of the proprietors.
" 9th. Voted-That Capt. John Spafford, Lieut. Phineas Stevens and John Hastings be assessors to proportion the aforesaid sum of £300 on the proprie- tors of the Township.
" 10th. Voted-That Samuel Farnsworth be a Col- lector to collect the aforesaid sum of £300, and de- liver it into the hands of the proprietors' treasurer.
"11th. Voted-That John Hastings be allowed 12 pounds for the benefit of his house, and the damage of his land, and the use of one of the rooms in the house now building on the east of the Fort, so long as it holds peace. He not to take his house from the Fort.
"12th. Voted-That Capt. John Spafford, Lieut. Stevens and John Hastings be appointed a Commitee to keep the Fort in repair, and take care that no per- son come to dwell in any of the houses within the Fort, but such as they, the said Committee, shall ap- prove.
" 13th. Voted-That Ensign Obediah Sartwell, Moses Willard and Lieut. Stevens be a Committee to pass accompts and order money out of the treasury to such persons to whom it may become due."
Immediately subjoined to these votes there is found in the proprietors' records the following, but at what mecting passed is not apparent :
" An acc't of what is allowed for houses and mate- rials for the Fort.
" Voted-Capt. Spafford for his house and timber, £23-0-0.
"Voted-To Lieut. Stevens for his house, £35-0-0.
"Voted-To Isaac Parker for stone, 46s .; Mantle- trees, 68 .; Clay, 8s .= £3-0-0.
"Voted-To Moses Willard for his house, £8-0-0; Stone, £1-6-0=£9-6-0.
" Voted-To Lieut. Witherby for his house, £35-0 -0."
The fort is said to have been built under the direc- tion of Colonel John Stoddard, of Northampton, Mass., who was for many years the principal military engineer on the Connecticut River frontier, and had twenty years before superintended the build- ing of the block-house at Fort Dummer. That Colonel Stoddard was consulted and his counsel obtained is probable, though the fact does not appear in the proprietors' records. The fort was con- structed in the manner of other fortifications of the time, which were only intended to afford a d-fense against musketry. It covered, says Rev Dr. Crosby, in his "Annals of Charlestown," about three-quarters of an acre, which dimensions, in the absence of any more definite measurement, we are under the necessity of receiving. This would make it about the size of Fort Dummer, which was one hundred and eighty feet on a side, it being built in the form of a square. The walls were made of large squared timbers, laid horizontally, one above the other, and locked together at the angles in the manner of a log cabin. Within the inclosure were buildings called province houses. These, before being inclosed in the fort, had been the houses of Captain John Spafford, Captain Phineas Stevens, Lieutenant Moses Willard, Lieu- tenant Ephraim Wetherbe and John Hastings. In the inclosure was also a house, which was newly built, and which was situated in the northwest corner.
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