USA > New Hampshire > Rockingham County > Salem > History of Salem, N.H. > Part 10
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"Of all which all persons concerned are to take notice of and govern themselves accordingly.
"In testimony whereof we have caused the Public seal of our said Province to be hereunto affixed.
"Witness Benning Wentworth Esq our Governor & Com- mander in Chief of our said Province the 9th day of Janry. in the year of our Lord Christ 1752 & in the 25th year of our reign By His Excellencys Command)
with advice of Council
(B. Wentworth.
Theodore Atkinson Sec'y
"Entered & recorded according to the original under the Province seal this ninth day of Janry 1752.
"Pr. Theodore Atkinson, Secy."
JOHN F. TENNEY.
109
BUILDING THE TOWN.
This alteration was indicated on the plan of Salem affixed to the back of the charter. In the map here presented (see p. 104), which is a copy from the original, though not in fac simile, the dotted line is the alteration. It will be seen that Salem lost a large tract of land lying to the west of Canobie Lake, and ac- quired a considerable area in the extreme southwest part of the town.
Although this settlement had been made by agreement of the two towns it was by no means satisfactory to all citizens of either town. It would have been impossible to make a division by straight lines which would not put some persons on the wrong side. But in those times of unsettled boundaries no hesitation was felt in regard to complaining of undesirable conditions or asking that frequent and radical changes be made.
At a meeting of the House at Portsmouth, on Wednesday, May 9, 1753, the secretary read several papers relating to Salem and Windham, and said that "the Council observed yt in ye propor- tion for a New [rate] that there were sundry persons taken from Salem and put to Wendham which he sd ye Council tho't ought to belong to Salem for Reasons which he mentioned and left sun- dry papers relating thereto." The Journal of the House has the following entry in reference to this matter :
"And as to the message relating to Salem & Wendham, That if the Council tho't proper to take any thing from Wendham and put it to Salem the House had nothing to say against it, But that the House did not at present apprehend that it lay with them to settle any dispute there is between Salem and Wendham relating to their Boundary."
A copy of the petition asking for another re-adjustment of the bounds was served on the selectmen of the two towns, together with a request that they appear before the Council on certain days to show reason why the same should not be granted. This petition seems to have died, as there are no further evidences of it.
Another petition was sent to the Council February 2, 1756, and was acted upon fifteen days later. It was "voted by the Council to grant exemption from payment of arreas of the Prov- ince Tax to date, since they had been paid to Windham."
110
HISTORY OF SALEM.
The old question was again raised in 1777, when an article in- serted in the warrant for a Salem town meeting, to be held June 4, stated it to the voters in these words: "to see if the town will vote to allow certain men with their respective families and estates to be annexed to the town of Windham." At the meet- ing this article was emphatically voted down; but the sponsors for it had still another card, which they prepared to play. They had enlisted and fought in the regiment of continental troops from Windham, still they were taxed in Salem. Thinking that this might be an entering wedge for gaining their end, they drew up a new petition, this time to the government of New Hamp- shire, dated January 3, 1778. After stating all the arguments for their case, the petitioners called attention to their relations with the people of Windham by saying, "We have always asso- ciated and been connected with them as brothers, but have never associated with the other inhabitants of Salem." This petition came before the House February 27, 1778, and was not granted. It was signed by
Isaac Thom
Thomas McGlaughlin
Josiah Hadley
James McGlaughlin
William Thom Jr.
Hugh Campbell
William Smith
John Campbell
Jacob Hardy
David Nevins
William Smith Jr.
Richard Hennesey
Solomon Smith
Nathaniel Gorrell
William Gordon Gain Armour
The people of the west part of Salem paid ministerial taxes to Windham, under the provisions of the charter alteration, till 1797. On March 8, 1798, Windham voted to omit citizens of Salem from all future tax lists.
There was a frequent reopening of the controversy regard- ing the line between these two towns until 1807, when it was finally settled. It was agreed that each town should choose a committee of three, who should determine the line. In case these could not agree, they were to choose another committee of three neutral men, who should have authority to decide. The towns agreed to abide by the decision rendered. Windham delegated Samuel Morrison, Samuel Armor and John Dinsmore; Salem
111
BUILDING THE TOWN.
chose Jeremiah Dow, Joshua Merrill and Israel Woodbury. These men were appointed March 28, 1806.
As might be expected, these men were unable to agree, or thought a more satisfactory result could be obtained from a neu- tral board. Therefore they chose as the final judges Amos Hunt, John Varnum and Amos Blanchard, Esq. This board submitted their decision January 23, 1807, as follows: "Beginning at Lower Crank Corner, thence south 546 rods to the north end of Hitty Titty Pond, allowing for variation of the compass from 1721 to that time, 2° 30' west; thence to the east end of Pollicy Pond 420 rods, allowing a variation of 1º 45' since 1752; thence south 40° west over Pollicy Pond to Pelham line." And this find- ing was taken as the authoritative line. The perambulations of the lines, as effected by the selectmen from time to time, do not often agree in every detail with the accepted lines. The dif- ferences are due to very slight errors in the surveying and to variation of the magnetic needle. There is a spot on the line from Hitty Titty Pond to Crank Corner where it is said to be im- possible to obtain a reading on the compass. Here the method of running by fore and back sights is absolutely necessary in order to keep the direction of the line. At present all of the town bounds are clearly determined by stone monuments, which are accepted by the adjoining towns, so that all cause for controversy is eliminated.
ATKINSON CONTROVERSY.
In following the difficulties that arose in the settling of the Windham line, we noticed that there seemed to be good causes for misunderstandings and differences of opinion. The town of Londonderry had long claimed territory which by charter rights belonged to Salem; also the citizens in that part of Salem were descended from the settlers across the line, and exerted all their efforts to have the line so determined as to put them in Wind- ham. Even when the line was settled and understood, attempts were made to have it altered.
On the east side of the town, however, the circumstances were very different. Salem had been incorporated seven years before Atkinson, but there was an inconsistency in the Salem charter
112
HISTORY OF SALEM.
which substantiated the subsequent claim of the neighboring town. Reference to our charter shows that the east bound was a straight line from the stake near Captain Pond to the corner of Londonderry, but excluding the whole of Theodore Atkinson, Esquire's, farm. Now such a line would be impossible, as Mr. Atkinson's land extended far across this straight line into Salem. Either the line could not be straight, or the farm could not be excluded. There were, however, potent reasons why the farm must be excluded. Theodore Atkinson was the secretary of the province, and also one of the twelve gentlemen who had pur- chased the title of John Tufton Mason. He was a very powerful man in New Hampshire at that time. He owned a very large estate on the northeast bounds of the proposed town of Salem, and when the request for the charter was finally granted, he was careful to insert a clause which would efficiently prevent any loss of property to him. Doubtless he had in mind the organi- zation of the town which he was so soon to have incorporated, and to which he gave his own name. This part of the case is very easily understood. The question that we do not understand is, why those who were called upon to determine the line did not go back to this fallacy in the charter and make it right.
The first record that we have of an official attempt to settle the discussion is in 1799, when a committee of reference, consist- ing of Baley Bartlett, James Duncan, Jr., and Cotton B. Brooks, was appointed to decide the controversy between Atkinson and Salem. They made an investigation, then based their finding upon the charter and declared the line to be straight from the corner of Londonderry to Captain Pond, to a point, however, twenty-five rods west of the bound there claimed by Salem. They gave the opinion that the whole of Atkinson's farm belonged to the town of Atkinson.
It really seems hardly credible that such capable men could have rendered a decision so self-contradictory; but such is the fact. As may be supposed, this did not settle the matter. The controversy was at once revived and continued for some years. In 1822 an article in the warrant relating to it was not given any united support, and it was not for three years later that de- cisive action was taken. On January 11, 1825, it was "voted to
JAMES EXNS
STORE AND RESIDENCE OF JAMES EWINS. (M 6)
ARTHUR C. HALL.
113
BUILDING THE TOWN.
chose a Committee to apply to the court of common pleas to es- tablish the bounds between Atkinson and Salem." Thornton Betton was chosen agent to attend to this work.
Evidently the work of the boundary commission detailed by the court for this case was not acceptable to the town, for on De- cember 24, 1825, it was voted that the selectmen be a committee to oppose at court the report which this commission were to make at Portsmouth. The town records are silent as to the details of the action at Portsmouth. However, in the following August, 1826, the line was established by a committee from the court of common pleas, consisting of T. D. Bell and others. The line today is as then determined, with the single exception of the present short line extending from the Londonderry line south- ward. At that time this part of the line was declared to extend south twenty-seven degrees east a distance of sixty-two rods. This, by the way, is the same direction as that of the lower part of this line, near Captain Pond, showing a retention of the orig- inal straight line as far as possible.
In 1844 the line was perambulated by the selectmen of the two towns, at which time the short line referred to above was first noted. When it was officially determined, which must have been at some time between 1826 and 1844, is not clear, as the records make no mention of the change.
The only other line which could have caused trouble at the north part of the town was that between Salem and Londonderry. A committee from the two towns established this line, their find- ing being accepted by the town November 16, 1802. The mem- bers of this committee from Salem were Silas Betton, John Clen- denin, William Thom, Thomas Smith and David Allen.
SEEKING NEW GRANTS.
In following these boundary difficulties we have wandered far from the time of organization of the town, as it seems best to treat the whole subject here. If we return to the early days we shall find that many of the original citizens of Salem did not care to remain here, preferring to branch out and settle some part of the province which was as yet undeveloped. It was
114
HISTORY OF SALEM.
scarcely two months after the town was incorporated that a pe- tition was sent to Portsmouth asking for a grant of land :
"Sheweth-
That your Petitioners Are Inclined to venture into the woods And make Settlements of a town, that for themselves & familys they are not Accomodated in the towns Where they Dwell, that the Land there is so mean and Broaken Cannot for their Own Nor the Governments Advantage Enlarge their Improvements-
"That their is in this Province Great Quantities of his Majestys Lands Unappropriated, & Lyes Wast and till Improved will be Useless, Capable of Improving and Enlarging the Strength of the frontiers, Where your Petitioners would willingly venture, And make Settlement under the Like Conditions as other his Majestys Subjects Receive Grants-
"Wherefore Your Petitioners Humbly pray that they may Have a Grant of Land of the Contents of Six miles Square in Some Convenient place Capable of making a good Settlement, Within his Majestys Lands aforesd under such Conditions & Limitations As Your Excellency Grants to Others and that Thos Packer Esq may be Admitted On Our Behalf to prefer this Our Petition and On Our Behalf do everything Necessary for the Claiming the Same and Ascertaining the place where the Same may Lye. And Your Petitioners as in duty bound Shall pray."
It was signed by men from Pelham and Salem, the larger num- ber being from Pelham. The Salem signers were as follows :
Ebnz Ayres
Daniel Dow
Seth Pattee
Oliver Kimball
Abner Bayly
John Lowell
Peter merril
Wm Kelly
Henry sanders
Richard Dow
John Merrell
Ralph Hall
Alexander Gorden
John Bayly
Jonathan Corliss
Edwª Bayly
Nath11 Dow
Sam11 Parker
Richard Kimball
Wm Sanders
John Hall Jr.
Timy Swan
Richard Patee
John Ober
115
BUILDING THE TOWN.
The records are silent in regard to the fate of this petition, but it is certain that no favorable consideration was ever bestowed upon it by the governor or the council. As one reads this list of names he feels that had the request been granted, the history of Salem would have been greatly changed. Among these men were some of the most devoted citizens of the town. A glance at the account of the first town meeting will show that nearly all of the first officers were included in the above list (see page 102).
The most plausible reason for this desire to desert the town so newly born seems to be that the spirit of restlessness was upon the people. New towns were springing up on all sides, the grants for settlement of which were made upon very liberal terms. Then, too, the endeavor to secure charter rights for Salem from the provincial authorities had been an uphill and discouraging task, while a grant from the proprietors would be clean and clear cut, and obtained, if at all, with little trouble. Perhaps, also, the proximity to Massachusetts, with the possible attendant controversies over the boundary, had some weight in urging these early town fathers to seek another location.
About the time of the incorporation of Salem the Masonian Proprietors were giving quit-claim deeds to a large number of towns of early settlement, as well as grants for new towns. Since the landholders of Salem did not succeed in obtaining a new location, they thought it best to have their titles to land in Salem confirmed by the men who had bought Capt. Mason's claim to ownership of this territory. Here is seen again the question of priority of claim. This land had been granted by the proprie- tors of Haverhill, who had for more than a hundred years exer- cised authority over it. Nevertheless the owners thought best to receive recognition by the Masonian Proprietors. Accordingly, a request was forwarded to Portsmouth, signed by thirty-three of the citizens of Salem:
"Salem in To the Honorable Propreatiers that Clame
Newhamsher Under Masons Patten tees
Jan" 22: 1759 ) Whereas We the under siners have This Day Being informed that there is sume of the inhabetants of the
--
116
HISTORY OF SALEM.
Town of Salem afore Said who have Pertitioned or about to Pertition to the Sª Proprters for the Land in Sª Township Tak- ing to their Sosierty home they Plese and Whome they Plese they Refuse-
"The Humbel Pertition of the We Subscribers to the Said Pro- pripeiters that if there is aney Right that belongs to the Propri- ters that the Town of Salem in Genrel might be a Quainted With it and that Your Portitions Prays that it might Plese your Hon- ers to Give the Town of Salem afore Sª the Liberty of Purcheus- ing By a maigeroty and in So Doing it mighe Prevent a grate Disturbence in Sª Town your Partitions further Prays that you Would Signify in Wrighting Your minds to us before you Doe aney thing as to Sale that the Town of Salem afore Sd have their Voice in the Purches : as Your Portitioners as in Duty Bound Shall ever Pray
Daniel Peaslee
James Hastings
Ebenezer Ayer
James Gregg
Jonathan Wheeler juner
John Lowel juner
Nathaiel Woodman
Israel young jur
John Baley
Edwª Carlton
Stephen wheeler
Isaac Clough senr
Caleb Duston
Jonathan Collis
John Cross
Thomas Duston
James Chase
Obadiah Duston
Israel Young Sen™
John Lowel
Evan Jones
Nathaniel merrill
Jonthan Wheeler
william wheeler
Timothy Johnson
william Curtis
Daniel Massey
Edwª Clark
Abial Aston
John Corrier
Joshua Baylay
William Townsend"
Benja Rawlings
QUIT CLAIM DEED OF 1759.
The accompanying plan was submitted with this petition. The outlined lots are intended to indicate the land which was com- mon, or undivided. As the petition indicates, certain persons in the town were attempting to take possession of such land and
POINT A., LOOKING TOWARD NASHUA. (M 233)
-
-
Plasto Line
¿ Pich Pine
o a Stake
Whit oke in the
.
W 952 Rods .....
$ 392
--
spory 9be Whit oke
"Haverhill Line
darey Line
015 acor's
1750 acor's up Band]
uhland
Plan of Salem-
50 ac
5 acors meadow
8 acars
50 acer's medow
50 acor's uh Land
40 acers uh Land
50 acor's
10 acers
4 miles
8 acer's medout
yanos Provence Line
5 acors medow
Plasto
Black oke London Dary
Plan presented with quit-claim petition of 1759.
Province Line
Stake
300 acor's
118
HISTORY OF SALEM.
distribute it to those who had no right to it. The request of the petitioners that the town be acquainted with the status of such land and permitted to purchase it for town use, if the citizens saw fit to do so, started a discussion and investigation by the proprietors at Portsmouth. They inquired into the in- dividual ownership of land as well as the condition of the un- granted lots. The result was that these lots were granted to the town, and each landowner was given a quit-claim title to his real estate within the town. Salem was the twentieth town granted by the Masonian Proprietors. The word "tax" is written above the name of the town in the record, while a note says "Quit Claim, no reservation." Following is the wording of the grant: "Province of At a meeting of the Proprietors of the New Hampshire Lands purchased of John Tufton Mason, Esq. in New Hampshire, held at Portsmouth in said province on the Eighth day of March 1759-
"Whereas the Persons whose names are hereafter Expressed have applied to this propriety for their Right & title to the Lands they severally claim in the Township of Salem in the Province of New Hampshire, Excepting what is within the Bounds of Lon- donderry and in Consideration of their improvements and for Encouraging the settlers-
"Voted that there be & hereby is Granted to the said Persons their Heirs & assigns all the Right Title Interest Claim Property and Demand of said Proprietors according to the several & Re- spective Rights & Claims of said Persons as they have or shall Devise the same from the proprietors of Haverhill or other Grants made by the Government of the Province of the Massa- chusetts Bay and also to all such particular lots of Lands situate as aforesaid which any of them hold in Common & undivided. But as to the Hundred acres of Land within said township of Salem which was appropriated the one half for the first minister and the other half for the use of the ministry it is not intended to be Comprehended in the foregoing vote. But all the Right Title Claim property & demand of this propriety or of the pro- prietors first above named be & hereby is granted to the Reverend Mr. Abner Bayley his Heirs & Assigns, the one half of said Hun- dred acres to be taken where he has made his improvements, and
119
BUILDING THE TOWN.
the other half be & hereby is granted to Remain for the Use of the ministry in said town of Salem forever.
Allin, John
Crass, Thomas
Ames, Nathan
Currier, John
Amey, Micah
Currier, Richard
Annis, Abraham
Day, Abraham
Astin, Abiel
Dow, Nathaniel
Ayer, Ebenezer
Dow, Richard
Ayer, Ebenezer Jr
Dow, Stephen
Ayer, James
Dusten, Caleb
Ayer, Peter
Dusten, Obadiah
Badger, Joseph
Dusten, Thomas
Balch, Andrew
Eastman, Obadiah
Bartlett, Enoch
Eaton, Moses
Bayley, Reverend Mr. Abner
Eaton, Thomas
Bayley, Humphrey
Eaton, Thomas Jr.
Bayley, Jeremiah
Emerson, Ithamer
Bayley, John
Emerson, Timothy
Bayley, Jonathan
Emery, Doct. Anthony
Bayley, Joshua
Ford, James
Beadle, Jacob
French, James
Beadle, John
George, William
Beadle, Timothy Jur.
Gragg, James
Browne, Josiah .
Greenleaf, John Esq.
Burbank, David
Greenough, Daniel
Carlton, Edward
Hall, Caleb
Clark, Edward
Hall, Ralph
Clements, Benjamin
Harris, Joseph
Clements, Ruth
Haseltine, Philip
Clements, Samuel
Hastings, James
Clough, Isaac
Hastings, John
Clough, Wid. Mary
Hazzen, Abigail
Corlis, David
Hazzen, John
Corlis, Jonathan
Hazzen, Moses
Corlis, Jonathan Jur.
Heath, David
Corlis, Jonathan ye 3ª
Hilton, Benjamin
Corlis, Joseph
Hilton, Samuel
Beadle, Timothy
Gordon, Alexander
120
HISTORY OF SALEM.
How, John
Patee, Richard Patee, Seth
Jaquis, John
Johnson, Heirs of John
Peaslee, Daniel Esq.
Johnson, Timothy
Peaslee, Nathaniel Esq.
Johnson, William
Pecker, James
Jones, Evan
Rawlins, Benjamin
Jones, Evan Jr.
Rowell, Benoni
Jones, James
Rowell, John
Kelly, Richard
Sanders, Sarah
Kelly, William
Sanders, Oliver
Kimball, Dinah
Sanders, William
Kimball, Isaac
Shepard, Jonathan
Kimball, Jemima
Simons, John
Kimball, Nathaniel
Smith, John
Ladd, John
Stevens, Joseph
Lovejoy, Nathaniel
Swan, Asa
Lowell, John
Swan, James
Lowell, John Jur.
Swan, Richard
Marble, Caleb
Swan, Robert
Massey, Daniel
Swan, Timothy
Merrill, John
Tenney, Jonathan
Merrill, Nathaniel
Tippit, John
Merrill, Peter
Townsend, William
Messer, Abiel
Uran, Peter
Messer, Nathaniel
Watts, John
Messer, Richard
Weare, Mesheck Esq.
Mitchell, Andrew
Webster, Ebenezer
Mitchell, Ebenezer
Webster, Wido. Hannah
Mitchell, John
Webster, Joshua
Mitchell, Martha
Webster, Stephen
Mitchell,. William
Webster, William
Mooers, John
Wheeler, Benjamin
Morse, William
Wheeler, Benjamin Jr.
Ordway, Samuel
Wheeler, Jonathan Jr.
Page, Ebenezer
Wheeler, Stephen
Parker, Samuel
Wheeler, William
Patee, Asa
White, John
Patee, John
White, Samuel Esq.
A PART OF STILLWATER ESTATE. (M 383)
THE OLD MAJOR HENRY LITTLE HOUSE. (M 1)
121
BUILDING THE TOWN.
Whittier, Joseph
Woodman, Nathaniel
Whittier, Richard
Wright, Joseph
Whittier, Thomas
Young, Israel
Whittier, Thomas Jr.
Young, Israel Jur."
In the original record these names appear in no particular or- der. The author has here arranged them alphabetically, to ob- tain facility in reference or research. It is to be understood that not all of these men were necessarily residents of Salem, but may have merely held land here. Most of them, however, did live here. Their approximate locations may be found on page 122. On the other hand, not all of the residents of that time appear on this grant. Some felt their titles to be sufficiently secure to make a grant from the Masonian Proprietors needless ; others held that these persons had no authority worth considering when it came to a question of validity of such titles as the Haverhill Propri- etors had given; and still others did not take interest enough to ask for the grant, feeling well content to be let alone.
The locations of residences of the first citizens of Salem at the time of incorporation and just afterwards are determined to- day only after extensive research in public and private docu- ments. On the accompanying map those which are not very doubtful are indicated. Probably all could be definitely fixed by studying the records of deeds at Concord and Exeter.
THE POUND.
One of the interesting features of the old town life was the pound. It was found necessary, in all of the settlements, to provide a place where stray cattle and other animals could be held for ownership claim. This was of course due to the fact that very few of the farms were fenced except near the meadows or planting lots. Even such fences as were built around the barnyards were for the most part poorly constructed and often sadly out of repair. Where cattle were pastured they fre- quently found their way into the road, from which it was an easy step into some neighboring garden or field. When thus trespassing the animal was liable to be impounded. The owner must then claim it of the pound keeper, whereupon a fine for damage and keeping was imposed. In case no one claimed it,
PATTER
LOCATIONS.
ABOUT 1750.
HEATH
KIMBALL
WATTS
CURRIER
CLEMENT
HADLEY
DUSTON
GORDON
MARBLE
COL. ATKINSON
EATON
GREENOUGH
CARLTON .
RAWLINGS
ALLEN
MARSH
CROSS
SMITH
WHEELER
JOHNSON ,
WHEELER
WHEELER
RIWELL
SANDERS
BEDEL
ANNIS
ROWELL
WHITIER
BEDEL
MERRILL
HARRUS
BAYLEY
CURRIER
JONES.
ASHBY
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