History of Merrimack and Belknap counties, New Hampshire, Part 2

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520

USA > New Hampshire > Merrimack County > History of Merrimack and Belknap counties, New Hampshire > Part 2
USA > New Hampshire > Belknap County > History of Merrimack and Belknap counties, New Hampshire > Part 2

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

At a date not long subsequent to this event Colonel Walker was made one of the committee to devise a systematic plan of finance, by means of which the payment of the debts of the State might be provided for and funds raised for present and future purposes.

When, on the 14th of March, 1776, the Continental Congress sent out the Association Test, to be signed by all friendly to the patriot cause, Colonel Walker most cheerfully signed the copy sent to Concord, and it was through his influence, in part at least, that, of the one hundred and fifty-six to whom it was presented for signature in that town, not one declined subscribing to it his name.

Colonel Walker was this year a member of the Committee of Safety and served in that capacity until the 20th of June, 1776. During the next three years -viz., from December 18, 1776, to December 15, 1779 -he was a member of the Council, associated with Meshech Weare, Josiah Bartlett, Nicholas Gilman and others of like character,-men of the purest pa- triotism, whose names New Hampshire will ever cher- ish. On the 26th of March, 1777, he was chosen by the Legislaturea delegate to the Continental Congress, and again, at three subsequent times, in 1778, 1782 and 1784, but it is not certain that he ever attended. He was sent from Concord a delegate to each of the New Hampshire Constitutional Conventions of 1778 and 1781, and also to that of 1791, to revise the con- stitution.

In 1777 he retired from the more stirring scenes

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

connected with the war, and accepted the office of a justice of the Court of Common Pleas, which he con- tinued to hold until 1809, being for the last five years a chief justice. The courts were held alternately at Exeter and Portsmouth, and Judge Walker made his journeys to and from those places on horseback.

Upon the organization of the Republican party in New Hampshire, in 1798, Judge Walker was selected for its first candidate for Governor, and was run against John Taylor Gilman, who had already been the in- cumbent of the office in previous years, and was one of the strongest men of the Federal party, at that time in large majority throughout the State. Governor Gilman was the successful candidate, receiving nine thousand three hundred and ninety-seven votes out of the whole number of twelve thousand one hundred and fifty-three thrown, and Judge Walker seven hun- dred and thirty-four. Twice afterwards-viz., in 1800 and 1801-he was the Republican candidate for Gov- ernor, receiving the former year six thousand and thirty-nine, and the latter five thousand two hundred and forty-nine votes, the whole number of votes cast being between sixteen thousand and seventeen thou- sand.

Although mingling largely in State affairs, Mr. Walker did not withhold himself from a participation in the management of the more limited business of his native town. In this sphere he was also promi- nent. He was moderator of the annual town-meeting in 1779 and every year afterwards, with the excep- tion of ten, until 1809, serving in that capacity no less than twenty-one years. He was also town clerk from 1769 up to and including 1777, and one of the selectmen of the town for twenty-five years between 1769 and 1802, being chairman of the board every year during this period except four.

He ever took a lively interest in everything tending to advance the prosperity of Concord. Being a rep- resentative to the Legislature, which was holden at Exeter in 1781, and finding some dissatisfaction among the members relative to accommodations furnished there, he proposed to them that if they would adjourn to meet at Concord, they should be as well served and at one-half of the expense. The proposal was accepted, and upon his return home he informed his townsmen of the manner in which he had committed them, and they at once pledged themselves to make good his engagement to the best of their several abil- ities. The next year the Legislature assembled in Concord for the first time, meeting first at the meet- ing-house, but adjourning, immediately after coming together, to a hall prepared for them in a building now standing near the southwest corner of Main and Penacook Streets.

In 1798 we find him greatly interested in the im- provement of the sacred music of the town, and the records of the Concord Musical Association show him to have been its first president. Indeed, Judge Walker seems to have been intimately connected with

most of the Concord enterprises of his day. He was one of the original proprietors of Federal bridge, which was incorporated in 1795, and crossed the Mer- rimac at East Concord village. Three years after, he became one of the members of "The Proprietors of the Concord Library."

In 1806 the Concord Bank was incorporated by the Legislature, and irreconcilable differences of opinion arising at the meeting of the grantees for organiza- tion, two banks with different officers, but bearing the same name, were organized under the same charter,- one located at the north end and the other at the southerly end of Main Street. Each did a successful business for twenty years, at the expiration of which period they were organized under separate charters. Of the upper bank Judge Walker was the first presi- dent, and continued for several years. Upon most, or all, of the old subscription papers for procuring money for local purposes, which have been preserved, his name stands prominent, evincing his constant interest in the public enterprises of his native town.

In 1774, largely through his influence and efforts, a township of land upon the Androscoggin River, in Maine, was granted by the General Court of Massa- chusetts to the proprietors of Concord or their de- scendants, to indemnify them, in part, for expenses and losses incurred in consequence of the long con- troversy with the alleged proprietors of Bow. This grant afforded good lands upon favorable terms to the children of the original settlers of Concord, and many emigrated to that locality and established the present town of Rumford. Of these lands Judge Walker eventually became a large proprietor and afforded substantial aid to many young families of limited means in establishing themselves in life. Some of these lands descended to his children and to his children's children, while some are still held by his great-grand- children, who are to-day among the prosperous farm- ers of Rumford.

Notwithstanding his multitudinous avocations of a more or less public character, Judge Walker always kept and managed with care the large farm left him by his father. He increased, rather than diminished, its original area. Situated, as this was, upon the very edge of the village, it afforded him a convenient residence, and at the plain mansion which sheltered him and his family he dispensed, for a long series of years, a plain hospitality to multitudes of friends and acquaintances who sought his society.

" My son, you must not pull down the old barn in my day," he said, on one occasion, to his youngest son and successor upon the farm. "You can build as many new ones as you like. That was Parson Walker's barn ; it has never failed to afford shelter and feed to the horse of the visitor who has knocked at our door ; let it stand as long as I last." And a new barn went up, but "Parson Walker's barn" re- mained standing until the worthy judge had rested from his labors a half-score of years and more.

BENCH AND BAR.

In person, Judge Walker was of medium size, being abont five feet ten inches in height and having rounded and well-developed limbs. In later life he was a little inclined to fulness. He had a placid, open countenance, a nose somewhat prominent and a full, blue eye. His walk was erect and his bearing dignified. He possessed an active, vigorous mind and a well-balanced judgment. He had keen per- ceptive faculties, which, aided by the experience gained by long intercourse with men, enabled him to form quickly correct opinions of the characters and motives of those with whom he came in contact. While cautions, he was yet of a sanguine tempera- ment; hopeful, also, when others despaired, and rarely given to despondency. He had a cheerful dis- position; he was reasonable in his expectations and charitable in his judgments. Careful in the choice of his plans, as well as patient in their execution, he was generally successful. Democratic and affable, he was on familiar terms with all about him. Rejoicing in the welfare of his townsmen, he was ever ready to do them kind services. He manifested a particular interest in the young men of the town, and not a few, just starting in life, received from him counsel or en- couragement or pecuniary aid, which assisted them greatly in overcoming first obstacles and nerved them to exertions which secured the foundations of future prosperity.

When at length old age came upon him, he met it cheerfully and manfully. For several years previous to 1822 he had been somewhat infirm, but still en- joyed life in a good degree. His children were pros- perously and respectably settled in their different avocations, a part of them near about him. He had frequent evidence of the respect entertained for him by his fellow-citizens ; he had an inward conscious- ness of having done what he could to be useful in his day and generation ; he had entire confidence in the re- velations of the Sacred Scriptures and an humble hope that the infinite atonement of the Son of God might attach to him. On the 5th of May, 1822, in the bosom of his family, he died, a virtuous and a happy old man, in the eighty-fifth year of his age. Truly, " The hoary head is a crown of glory if it be found in the way of righteousness."

EDWARD ST. LOE LIVERMORE, son of Hon. Samuel Livermore, born in Londonderry, 1761, entered upon his profession in Concord, 1783 ; solicitor for Rock- ingham County, 1791-93; judge in the Superior Court of Judicature, 1797-99; then resided at Ports- mouth. He was also member of Congress from Massachusetts. He was the father of the celebrated Harriet Livermore, born in Concord April 14, 1788. He died at Tewksbury, Mass., September 15, 1832, aged seventy-one.

THOMAS W. THOMPSON, son of Deacon Thomas Thompson, of Boston, born March 10, 1766 ; graduated at Harvard University, 1786 ; was tutor in college, 1789 ; aid to General Lincoln at the time of "Shay's

Rebellion ; " commenced the practice of law at Salis- bury, 1791 ; representative from that town in the State Legislature ; chosen representative to Congress, 1805- 07; in 1810 treasurer of the State, when he moved to Concord; speaker of the House in the State Legislature, 1813 and 1814; Senator in Congress, 1814-17; elected trustee of Dartmouth College in 1801, which office he held till his death. Mr. Thomp- son was an accomplished gentleman, distinguished for the dignity and urbanity of his manners, for integrity and piety. He held the office of deacon in the First Church in Concord from 1818 till his death. He died of pulmonary consumption, October 10, 1821, aged fifty-five years.

ARTHUR LIVERMORE, judge, brother of Edward St. Loe Livermore, opened an office in Concord in 1792; soon moved to Chester, thence to Holderness. He died July, 1853, aged eighty-seven years.

SAMUEL GREEN, judge, son of Nathaniel Green, born March 7, 1770, read law in the office of his brother, Peter Green, Esq .; commenced practice in Concord, 1793; associate justice of the Superior Conrt from 1819 to 1840, when he retired on account of the constitutional limit of age. He was then ap- pointed to a clerkship at Washington, where he con- tinued till his death, March, 1851, aged eighty-one years.

PHILIP CARRIGAIN, son of Dr. Philip Carrigain, was born in Concord in 1772, and graduated at Dartmouth College in 1794; studied law with Arthur Livermore, Esq., and settled in practice in his native town. He was Secretary of State, clerk of the Senate and was often employed in public business. He died March 15, 1842, aged seventy years.

MOODY KENT, son of Joseph Kent, was born in Newbury, Mass., May 22, 1779; gradnated at Harvard College, 1801 ; admitted to the har in 1804; practiced in Deerfield nearly five years; came to Concord in September, 1809, where he remained in practice till 1832, when he withdrew from business.

ISAAC GATES, graduated at Harvard College, 1802 ; was in Concord a short time in 1814; died in Harvard, Mass., in November, 1852.

LYMAN B. WALKER, from Gilford, while Attorney- General of the State, from 1843 to -, resided in Con- cord.

SAMUEL FLETCHER, born in Plymonth, July 31, 1785 ; graduated at Dartmouth College, 1810; opened an office in Concord, 1815; trustee of Darmouth Col- lege; trustee and treasurer of Phillips Academy and Theological Seminary, at Andover, from 1841 to 1850.

NATHANIEL GOOKIN UPHAM was born in Deer- field, N. H., January 8, 1801. His parents removed to Rochester the following year. He pursued his studies preparatory to college at Exeter Academy ; entered Dartmouth in 1816 ; was a faithful student, and graduated with honor in 1820.

Immediately after his graduation, Mr. Upham com- menced the study of law. After being admitted to

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

the bar, he practiced his profession in Bristol until 1829, when he removed to Concord.

Four years later Mr. Upham was appointed one of the associate justices of the Superior Court of New Hampshire. This honor was the more complimentary as he was only thirty-two years of age. With the single exception of Hon. Levi Woodbury, he was the youngest man who had been placed upon the bench of New Hampshire. He discharged with faithfulness and ability the duties devolving upon him until 1843, when he resigned and was appointed superintendent of the Concord Railroad. Some years later, the business of the road having greatly increased, he relinquished the superintendency and was made president. In the management of its affairs for twenty-three years he used great wisdom and judg- ment, giving to it his best thoughts, his legal know- ledge and experience, ever planning wisely and suc- cessfully for the enlargement of its business, with remarkable prudence, foresight and perseverance. He held the office of president till 1866, when his connection with the railroad ceased.

In 1853, Judge Upham was appointed commissioner, on the part of the government of the United States, to confer with a similar commissioner appointed by the English government, and to decide upon certain claims brought by citizens of either country against the government of the other. These claims had been growing in number and amount for forty years. This commission met in London in September, 1853, Ed- mund Hornby, Esq., acting on the part of Great Britain. They considered all claims presented, pro- nouncing upon each a deliberate and final judgment, and in accordance with these decisions the claims were paid by the respective governments, amounting in the aggregate to many millions of dollars.

In 1862, Judge Upham was called to act in a similar service, that of umpire in the commission appointed by government for the settlement of claims between the United States and New Granada.

In politics Judge Upham was a Democrat for many years. Though decided in his political principles, he was not a politiciau. His influence was exercised rather by private suggestions and the weight of his general character.

In 1850 he was chairman of the business committee of the convention called to amend the Constitution of New Hampshire.

In 1865 and 1866 he was a member of the Legisla- ture, and earnest in advocating the proposed amend- ment of the National Constitution. He was also at this time chairman of the committee to remodel the State-House.

accepted heartily the emancipation proclamation, both as to its expediency and constitutionality as a war measure.

There was in Judge Upham, beneath all the busi- ness and professional life, a strong literary taste. He wrote with ease, and wrote much. His style was clear and forcible, at times eloquent, and many valua- ble articles from his pen were published.

For more than forty years he resided in Concord, and his name is associated with the growth and pros- perity of the city. He was interested in all wise measures for the public good, and his was a leading mind in devising methods of improvement, and very efficient in carrying them into effect. His fellow- citizens learned to place great confidence in his judgment, acknowledging his prudence and foresight, knowing that his opinions were given after a careful consideration of the subject. He was a man of up- rightness, true to his engagements, faithful to every contract, doing what he regarded as right in the sight of God and man. He was a leading member of the South Congregational Church from its organization, and did much for its stability and prosperity.

Judge Upham was twice married, first to Miss Betsy W. Lord, of Kennebunkport, Me. She died in Concord, August 17, 1833, leaving two children, both of whom survive,-Rev. Nathaniel L. Uphanı, of Philadelphia, and Mrs. Joseph B. Walker, of Concord. His second wife was Miss Eliza W. Burnham, of Pem- broke. The children of this marriage are not living. An infant daughter died in 1844, and Mr. Francis A. Upham, April 3, 1867, aged twenty-nine years. Mrs. E. W. Upham died April 14, 1882.

" But the most honored life must come to a close." Never a strong or robust man, yet with prudence and care he was ever able to perform well the duties of the hour. A few days' illness terminated a useful life, and Nathaniel Gookin Upham died December 11, 1869, aged sixty-nine.

STEPHEN C. BADGER, a native of Warner, born April 12, 1797; graduated at Dartmouth College, 1823 ; admitted to the bar, 1826; came to Concord from New London, 1833 ; was clerk of the courts of Merri- mack County from 1834 to 1846; police magistrate several years previous to the adoption of the city charter.

DAVID PILLSBURY, born in Raymond, whence his father soon removed to Candia; a graduate of Dart- mouth College, 1827; practiced law in Chester from 1830 to 1854, when he opened an office in Concord. Several years was a major-general in the New Hamp- shire militia.

HAMILTON HUTCHINS, A.M., son of the late Abel Hutchins, born July 10, 1805; graduated at Dart- mouth College, 1827 ; admitted to the bar in Concord, 1830; was highly esteemed for his amiable temper and gentlemanly manners.

In the struggle between the North and the South Judge Upham took an open and decided stand at once on the side of the government, in the exercise of all the influence he could exert, by addresses delivered on public occasions, as well as by letters GEORGE MINOT, born in Bristol; graduated at and essays published in the leading newspapers. He Dartmouth College, 1828; admitted to the bar, 1831 ;

BENCH AND BAR.

practiced in his profession at Gilmanton, Bristol and Concord. He was cashier of the Mechanics' Bank in Concord.

CALVIN AINSWORTH, a native of Littleton, born August 22, 1807; admitted to the bar, 1835 ; came to Concord from Littleton, 1843; register of probate for Merrick County five years, and first police justice of the city of Concord, 1853.

EPHRAIM EATON, a native of Candia ; graduated at Dartmouth College, 1833 ; studied law with Samuel Fletcher, Esq., and opened an office in Concord, 1837, where he continued in business until 1853.

NEHEMIAH BUTLER, born at Pelham, February 22, 1824 ; studied law with Asa Fowler, Esq., of Concord, and at the Law School in Harvard University ; com- menced practice at Fisherville, 1843 ; was appointed clerk of the Superior Court and Court of Common Pleas for the county of Merrimack, and removed to Concord, 1852, where he resided until his death.

HON. EZEKIEL WEBSTER, elder brother of Daniel, was born in Salisbury, April 11, 1780. The first nine- teen years of his life were spent on his father's farm, and it was settled in the mind of Judge Webster that he was to remain at home and be a farmer, while Daniel, who had less physical strength in childhood, who seems to have had little inclination for farming, was to be educated to one of the learned professions.

Daniel entered college in 1797. It troubled him, however, to think that Ezekiel was at home plodding on the farm while he was obtaining an education. He says in his autobiography,-

"I soon began to grow uneasy at my brother'a situation. His prospects were not promising, and he himself felt and saw this, and had aspirations beyond bis condition. Nothing was proposed, however, by way of change of plan, till two years later.

" In the spring of 1799, at the May vacation, being then a sophomore, I visited my family, and then held serious consultation with my brother. I remember well when we went to bed we began to talk matters over, and that we rose after sunrise without having shut our eyes. But we had settled our plan.

" He had thought of going into some new part of the country. That was discussed and disagreed to. All the pros and cons of the question of remaining at home were weighed and considered, and when our council broke up, or, rather, got up, its result was that I should propose to my father that he, late as it was, should be sent to school, and also to college. Thia we knew would be a trying thing to my father and mother and two unmarried siaters. My father was growing old, hia health not good and hia circumstances far from easy. The farm was to be carried ou, and the family taken care of ; and there was nobody to do all this but him who was regarded as the main atay, that is to say, Ezekiel. Huwever, I ven- tured on the negotiation, and it was carried, as other things often are, by tha earnest and sanguine manner of youth. I told him that I was un- happy at my brother'a prospecta. For myaelf I saw my way to knowl- edge, respectability and self-protection, but as to him, all looked the other way ; that I would keep school, and get along as well as I could- ba more than four yeara in getting through college, if necessary-pro- vided ha alao could be aent to study.

" He said, at once, he lived but for his children ; that he had hut lit- tle, and on that little he put no value, except so far aa it might be useful to them ; that to carry ua both through college would take all he was worth ; that for himself ha was willing to run the risk, but that this was a serious matter to vur mother and two unmarried sisters ; that we must settle the matter with them, and if their consent was obtained, he would trust to Providence and get along as well aa ba conld."

The father laid the case before the mother. "The farm is already mortgaged, and if we send Ezekiel

to college, it will take all we have; but the boys think they can take care of us," he said.

It did not take the strong-hearted, sagacious wo- man long to decide the matter : "We can trust the boys."

The question was settled. Daniel went back to Hanover, while Ezekiel went, bundle in hand, to Dr. Wood's, and began the study of Latin. He spent two terms at a school kept at Salisbury, South Road village, and returned again to Dr. Wood's, where his expenses were about one dollar per week.

While thus studying and taking recreation be- neath the magnificent beeches that stood before the house, he kept up a frequent correspondence with Daniel at Hanover. Ezekiel distrusted his ability to get on. Daniel made this reply to him, in a letter written April 25, 1800,-

" You tell me that you have difficulties to encounter which I know Do- thingof. What do you mean, Ezekiel ? Do you mean to flatter ? That don't become you. Or do you think you are inferior to me in natural abili- ties? If 60, be assured you greatly mistake. Therefore, in the future aay in your letters to me, 'I ami superior to you in natural endowments ; I will know more in one year than you do now, and more in six than you ever will.'

"I should not resent the language,-I should be very well pleased in hearing it ; but be assured, as mighty as you are, your great puissance ahall never insure you a victory without a contest."

With such words Daniel endeavored to cheer the struggling elder brother.

In November, 1802, Daniel was at home in Salis- bury, while Ezekiel was struggling with poverty at Hanover. Funds were getting low in the Webster homestead. Daniel writes under date of November 4th,-

"Now, Zeke, you will not read half a sentence, no, not one syllable before you have thoroughly searched thia sheet for scrip ; but my word for it, you'll find uo scrip here. We bald a sanhedrim this morning on the subject uf cash. Could not bit upon any way to get you any. Just before we went nway to hang ourselves through disappointment it came into our heads that next week might do. The truth ia, father had an execution against Hubbard, of N. Chester, for about one hundred dollars. The money was collecting and just ready to drop into the hands of the creditors, when Hubbard suddenly died. This, you see, stays the execu- tion till the long process of administering is completed.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Merrimack and Belknap counties, New Hampshire, Part 2

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1885 Publisher: Philadelphia [Pa.] J. W. Lewis & co. Number of Pages: 1520

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520