USA > New Hampshire > Rockingham County > Salem > History of Salem, N.H. > Part 9
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Lemuel Tucker John Hunkins John Atwood
Daniel Gile
Joseph Heath
Nehemiah Heath
John Heath, Jur. Samuel Heath
Wait Stevens
Joseph Heath, Jur.
William Heath
Samuel Anderson Nathll Mackfarlen John Mackcaster
Robert Gilmore
Johnathan Coborn Jur.
Daniel Poor
Jonathan Dusten Jur.
Moses Trussel
Capt. Nicolas White Francis Smiley
Joseph Harriman Henry Haseltine Edman Hale
Johnathan Johnson
Wid Mary Kimball Samuel Kimball
Jonathan Roberts
1
Johnathan Bradlee John Bradlee Joseph Beartoe Obadiah Clements Abraham Chase Thomas Cheney Josiah Copp
Josiah heath
Bartholomew Heath John Harriman
Leonard Harriman
Leonard Harriman Jun.
Mathew Harriman
Abner Harriman
John Smiley Heugh Smiley Capt. Christopher Bartlet Nathaniel Bartlet
Ephraim Emerson Heugh Pike
Othro Stevens Eliphelet Page
John Muzzee
Jonathan Stevens Moses Stevens Samuel Smith Nathaniel Smith Thomas Worthin Samuel Worthin
1
96
HISTORY OF SALEM.
John Pollord Nathll Tucker Samuel Brown Benjamin Stone
moses Jackman Benjamin Pettingall John French Nathll Gatchell
Nathaniel Johnson, Jur.
The most unsatisfactory feature of the new conditions was that the territory newly acquired by New Hampshire was with- out any form of local government. The Massachusetts towns of which it had been a part, no longer had any authority over it, nor did the adjoining towns in New Hampshire have any rights there. Consequently the people in this vicinity were desirous of obtaining official sanction as a local power in themselves. At a meeting held January 8, 1741-42, Henry Sanders and Benja- min Corning were chosen a committee to confer with the New Hampshire government in regard to obtaining a township. They submitted a petition to the Secretary of the Council, which was read to that body; but on the 28th of the same month, the following petition was received by the Governor's Council :
"Petition of Inhabitants of Methuen-To his Excellency Ben- ning Wentworth, Esq' and the Honble Council of the Province of New Hampshire :
"This Prayer of your humble Petitioners show, That Whereas there has been a Petition lodged with your Secretary by Messrs. Henry Sanders and Benjamin Corning for a township in that. part of Methuen which has lately fallen into New Hampshire, with the westerly part of Haverhill as described in said Pe- tition: This is the prayer of your Petitioners that said Pe- tition be granted.
Jany 28th 1741-2.
Bengaman Wheeler
Samuel Currier
Stephen Wheeler
Richard Kimball
Nathan Wheeler
Samuel Packer Johnathan Wheeler. jun
Daniel Curey
John Gilmor
Benjamin Hilton
John Coffran
Benony Rowl
John Amy
John Rowl
John Loul
Lemuel Rowl
Richard Dow
Abraham Annis
David Louel
HOTEL ROCKINGHAM
HOTEL ROCKINGHAM. (M 168)
HOWARD L. GORDON.
97
BUILDING THE TOWN.
Daniel Pensha Richard Kally Abiel Kally
Timothy Johnson William Johnson
David Dow
Nathaniel Dow
John Ober jun. Oliver Sanders Joseph Sanders John Page
Josiah Clough
Abel Asten
Jonathan Corlis
Samuel Sanders
Peter Youring
William Sanders
Joseph Pesely X mark
Timothy Sanders
Isaac Clough
Joseph Rite Benony Rowl, jun. Josiah Rowl
John Hall
Timothy Swan
Jonathan Woodbery
Seth Patey
Nathaniel Woodbery
Richard Patey
Samuel Giles
David Sanders
Ebenezer Woodbery
Israel Young
John Giles
Jonathan Wheeler
John Ober."
Richard Carlton
Edward Carlton
The governor evidently saw the need of some form of author- ity in the community, for the part of Methuen which had been put into New Hampshire was incorporated into a district on March 18, 1741-42. This was known as Methuen District. Similarly all the other parts of towns were made into districts, as Haverhill District and Dracut District. This arrangement was not of great permanency, but served to unite the people un- til they could obtain charters for townships. The next year, that is June 25, 1743, another petition was sent to the governor and council. After rehearsing the existing conditions of lack of town jurisdiction, it defines the territory asked for in these words :
"Wherefore, your Petitioners in behalf of their principals most humbly pray that they may be Incorporated into a Par- ish or Precinct by the following Boundaries : viz. Beginning at the East End of a Pond commonly called & known by the name of the Captain's Pond, & from thence to Run to the late dwelling house of one Richard Petty now deceased, upon a strait line,
8
Ebenezer Ayer
Robert Ellenwood
98
HISTORY OF SALEM.
and from thence to the North part of Pollicy Pond so called, & so runing by said pond to the South West part & then by Dracut Line till it comes to the Province Line & so running by that till it comes to the place first mentioned, and invested with the usual Parish Powers & Privileges within this Province, and your Petitioners, as in duty bound shall ever pray, &c.
"John Ober "Daniel Peasely."
This petition brought no change in the situation, but the prin- ciple so often employed before was applied again here-that per- severance and persistence are often crowned with success. The next petition was drawn and dated "Methuen District, Apr. 4, 1746." It asked for a township on the ground that there were forty-five families represented who had been "at the expense of erecting a meeting house & settling a Minister and are com- modiously situated to attend the worship of God in sª District." It went on to state that these people could not well be united with the people of Windham, as they were of a "different Per- suasion, they being Presbyterians while we are Congregation- alists."
This was signed by thirty-one men, whose names appear also on the petition of January 28, 1741-42. The result, however, was no different from that of the former requests. The course was still clear-try again! This time twenty-eight men signed a paper dated January 1, 1749, which advanced an argument of more serious import than had been used before. It first called attention to the fact that the district arrangement was not in- ended to be permanent, and asked what was to be gained by fur- ther delay. It then stated that the district, by reason of its small size, found it difficult to support the Rev. Abner Bayley, who had "been here near ten years past without any fixed support." To meet the difficulty here set forth, it was suggested that the western portion of Haverhill District be added to Methuen Dis- trict to form a township.
While no immediate action followed this petition, the subject of incorporation had by this time been definitely brought before the governor and his council.
At this time another petition for land was presented, not to the
99
BUILDING THE TOWN.
provincial authorities, but to the Masonian Proprietors. It seems that an old grant had never been definitely claimed while the land was under jurisdiction of Massachusetts, but after the running of the province line, the heirs to the original grantee thought fit to obtain a clear title from the proprietors. The re- quest is recorded as follows :
PETITION OF SAMUEL HALE.
"To the Honourable Theodore Atkinson Esqr and the Other Proprietors of Masons Right
"The petition of Samuel Hale for Himself and Others Humbly Sheweth
"That whereas a Grant of three hundred Acres of Land was made by the Government of the Massachusetts Bay to the Heirs of our Grandfather John Hale of Beverley deceased for reward of Service in the Canada Expedition Anno 1690 which Grant was laid out in Methuen District (so called) Bounded East on Haverhill old Line North on Woodbury's Farm West on Land Owners unknown South on (Land since known by) Greanleafs Farm and was then Claimed by that Province but by the late Settlement of the Line it falls within this Prov : & within your Claim We therefore Pray that you would Confirm or Quit unto us said tract of Land and as in Duty bound shall ever Pray
Your Petitioners
Portsmouth New Hampshire ) Sam" Hale for Himself & Others.
March the 1st 1748/9 S
The records preserved show no action on this petition, although the disposition of similar cases might lead us to suppose that the request was granted.
SALEM INCORPORATED.
It was becoming more and more evident to the men in con- trol at Portsmouth that there should be a town government con- trolling the territory along the border line; and as an answer to the many petitions came the act of the governor and council, dated May 11, 1750. The territory known as Methuen District, with considerable additions, was incorporated into a town under
100
HISTORY OF SALEM.
the name of Salem. sented :
SALEM CHARTER.
The act of incorporation is herewith pre-
- Province Seal
Province of New Hampshire
George the Second, by the Grace of God of Great Brittain France & Ireland King, Defender of the Faith &c.
"To All whom these Presents Shall Come, Greeting Whereas our Loyal Subjects Inhabitants of a Tract of Land within our Province of New Hampe. aforesaid lying Partly within that part of our Province of New Hampshire called Haverhill Dis- trict Have humbly Petitioned and requested to us that they may be Erected and incorporated into a Township and infranchised with the Same Powers & Privileges which other Towns within our said Province by Law have & Enjoy and it Appearing to us to be Conducive to the General good of our Said Province as well as of the Said Inhabitants in Particular by maintaining good order & encouraging the Culture of the Land that the Same Should be Don Know Ye therefore that We of our Espe- cial Grace Certain knowledge - - - . & for the En- couragement & Promoting the Good Purposes & End aforesd by & with the advice of our Trusty & well Beloved Benning Went- worth Esq. our Governor & Commander in Chief & of our Coun- cil for Said Province of New Hampshire Have Erected and ordained and by these Presents for us Our Heirs and Successors Do will & ordain that the Inhabitants of the Tract of Land aforesª, or that Shall Inhabit and Improve thereon hereafter, Butted and bounded as follows (Viz.) Beginning at a Stake by the Captains Pond in the Province Line which is a bound of the Town of Plastow, Thence North 22: 1/2 West about Three miles & an half (Excluding the whole of Theodore Atkinson Esq. Farm Situate lying & being on the Said Line) to A black Oak Tree near Joseph Palmers land in Londonderry Bounds, then South Ninty Degrees West by Londonderry Bounds one mile & three Quarters to a White Oak Standing in An Angle of Londonderry Line, thence Two hundred ninety Six rods by Londonderry line to a Stake Standing in Said Line, thence South 39 Degrees West nine hundred & fifty two rods to a Stake & Stones, thence South Twenty Degrees East One hundred & fifty Two rods to a Pitch Pine marked, Thence South Three Degrees
MAIN WALK, CANOBIE LAKE PARK.
101
BUILDING THE TOWN.
East Seven hundred & twenty rods to a White Oak in the Prov- ince Line, thence as the Province Line runs to a Stake by the Captains Pond first mentioned And by these Presents are De- clared & ordained to be a Town Corporate and are hereby Erected & Incorporated into a body Politic & a Corporation to have Continuance forever by the Name of Salem, with all the Powers & Authority Privileges & Immunities & Infranchises to them the Said Inhabitants & their Successors forever All ways reserving to us our heirs & Successors all white Pine trees grow- ing & being or that Shall hereafter Grow and be on the Said Tract of Land fit for the Use of our Royal Navy reserving also the Power of Dividing the Said Town to us our Heirs & Suc- cessors when it Shall Appear necessary & Convenient for the Benefit of the Inhabitants thereof-it is to be understood and it is Accordingly hereby Declared that the Private Property of the Soil is in no manner of way to be Effected by this Char- ter. And as the Several Towns within our Said Province of New Hampshire Are by the Laws thereof Enabled & Authorized to Assemble & by the majority of Votes to Choose all Such Offi- cers as Are mentioned in the Said Laws We do by these Pres- ents Nominate & Appoint Capt Richard Kelly to Call the first meeting of the Said Inhabitants to be held within the Said Town at Any time within Thirty Days from the Date hereof giving Legal notice of the Time Place & Design of holding Such meeting after which the Annual Meeting in Said Town Shall be held for the Choice of Town officers & forever on the Last Wednesday in March Annually. In Testimony Whereof we have Caused the Seal of our Said Province to be hereunto affixed. Witness Ben- ning Wentworth Esq. our Governor & Commander in Chief of our Said Province the 11th Day of May in the Year of our Lord Christ one thousand Seven hundred & fifty & in the Twenty third year of our Reign.
"B. Wentworth
"By his Excellencys Command ) with Advice of Council Theodore Atkinson Secy.
"Entered & Recorded according to the original under the Province Seal this Eleventh Day of May 1750
"Pr. Theodore Atkinson, Secy."
102
HISTORY OF SALEM.
Thus the town was put together from land of Haverhill Dis- trict, Methuen District and Dracut District. By the act of March 18, 1741-42, all land which had fallen into New Hamp- shire by the settlement of the province line was erected into dis- tricts bearing the names of the Massachusetts towns from which they had been cut off. These districts were to stand until they were annexed to other towns or incorporated into towns by them- selves.
The first thing necessary was the election of officers. The first town meeting was held May 30, 1750, at which time the following officers were chosen :
Moderator
Henry Sanders Nathaniel Dow
Town Clerk
First Constable
John Hall
Second
Benjamin Wheeler
Selectman
Nathaniel Dow
Seth Pattee
66
Ens. John Ober
66
Jonathan Wheeler
Richard Dow
66 Treasurer Tythingman
Ens. Richard Kimball
Daniel Morse
William Sanders
Ens. John Ober
Abiel Austin
Samuel Parker
Israel Young
Edward Carleton
John Watts Jr.
Richard Pattee
Edmund Clark
Andrew Balch
Fence Viewer
Stephen Wheeler Jr,
Hogreeve 66
Jonathan Woodbury Peter Yourin
James French
66
Nathaniel Woodbury
Surveyors of Highways
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BUILDING THE TOWN.
Field Driver 60
Obadiah Duston John Ober Jr.,
Clerk of ye market, or)
seeler of waits
Nathaniel Dow
These officers are very nearly the same as the present list, ex- cept that the number of men elected has been changed in a few cases. For example, the Board of Selectmen has been decreased from five to three, and the Surveyors of Highways from nine to three. Other minor changes will be noted by comparing the above with the present officers.
BOUNDARY CHANGES.
Thus at last the people of the Spicket valley had a town of their own. The map on page 104 shows the town as desig- nated by the charter-in many respects different from its pres- ent condition. The changes began shortly after the incorpora- tion and were not finally settled until more than seventy-five years had passed.
The first of these was the alteration made in the line between Salem and Windham, and was the outcome of a controversy which had arisen between Haverhill and Londonderry. When the colony of Scotch-Irish immigrants received a charter for the large tract of land to the northwest of ancient Haverhill, they did not see fit to recognize the line already established as the west boundary of Haverhill. Instead they took possession of any and all fertile lands in the neighborhood, including portions which had been laid out to Haverhill men. When these owners went to look up their lands with a view to settling, they found them already occupied by the people from Londonderry. This led to complaints to the Province of New Hampshire, as well as to the General Court at Boston, asking for injunctions to evict the usurpers. An investigation followed, in which it was shown that the Londonderry claim to this territory was groundless, as their charter stated explicitly that their town was "bounded on Haverhill west line." At a town meeting of Methuen, August 28, 1728, a complaint was made of the "Irish people settling on the out lands of our township." The main difficulty seems to have been in the fact that the west line of Haverhill and Methuen
a Stake by CapTs Pond
Plastow's Bounds
& 440 rods
UN. 445 Stake
Stake
South
NDO 214 +/ 8211; M : 0 06:59
Plan of Salem.
Stake
S:296 rods
Stake
5: 230 rods to5:32: 3 1: 400 rods Wittytify Ponto Policy Pond
@ Hemlock
Stake
N:59º C: Cr: 82: E: 424 rods
on the Back of the Charter this 11th Day of Entered und recorded according to the Original
P. Theodore Alkinson Sery
840 rods
S: 40° West
-
25.2010 2 5.3° E: 720 rods. +152rd. --
take
Pitch Pine
tham Line " Rtham
- 5:34% to a
White Oak in ye Province Line
Line
S : 47° : E : 880 rods.
Plan of Salem, copied from the charter.
May 1750 .
September 25th 1751 In Council Mem- The Pricked Line is the Line of alteration agreeable to Vote of this Day Theodore Atkinson Seey
& Plastow Bounds~
Black Oax Londonderry Bounds
S 39° W 952 rods
FRED C. BUXTON.
RESIDENCE OF WALLACE W. COLE. (M 212)
105
BUILDING THE TOWN.
had already become an "old line" and was not everywhere recog- nized as a valid bound. Matters were still further complicated by the chartering of Windham, February 12, 1741-42. This charter defined the bounds as "ye Easterly line of said London- derry." Immediately a contention over the assessment and col- lection of taxes arose. A certain number of persons living near the line were taxed by both Windham and Methuen districts. Even before the year was ended, these men found it necessary to enter a complaint to Governor Wentworth, to the effect that since this part of Methuen and Dracut had been erected into a dis- trict and had elected officers and levied taxes, the constables of Derry and Windham had forcibly taken away their goods on pre- tense of a "tax to help support the government," although they had already paid their proportion of the province tax to their own constable. They also asked support for the ministry, "which the unsettled condition of affairs had put into a danger- ous condition." This petition was "Dated Methuen Desember ye 25 : 1742," and signed by thirteen men.
The prompt action which was given to this matter was some- thing very unusual. Only three days later, on December 28, Theodore Atkinson, secretary of the council, wrote letters to the selectmen of Londonderry and Windham, ordering them to re- turn the taxes collected and warning them against a repetition of the offense.
There were a few men in the western part of the district who belonged to the Windham colony, being descendants of the Scotch settlers. They naturally wished to remain on their present homesteads, but preferred to be under the same authority as their kinsmen. Therefore they repeatedly urged that the line be so laid as to include them in Windham. The agitation of this ques- tion became more and more serious, until in 1747 the town acted upon the matter, as shown by the record :
"Feb. 18-1747 Dan'l Peaslee and Ebenezer Ayer chosen to go to the bank to get the line settled between us and Windham."
The "bank" was the name applied to Portsmouth. It was a shortening of "Strawberry Bank," the name first given to the present site of the city of Portsmouth because of a large hill covered with strawberry plants which the first settlers found.
106
HISTORY OF SALEM.
In all the old records this name is used. Here the seat of gov- ernment was located for many years before the settlement of Con- cord. As early as 1653 the name had been changed to Ports- mouth by order of the court of Massachusetts, of which New Hampshire was then a part; but the old name clung to the town for a long time afterwards.
After the Salem charter was granted the line in dispute became a more definite thing, and evidently demanded attention. Ac- cordingly, at a meeting of the council at Portsmouth, September 25, 1751, it was
"Ordered-that the line between the town of Salem & parish of Windham be altered agreeable to the votes of these places, and recorded on the back of the charter."
Several hearings were held for investigation, during which it was agreed that for religious purposes the inhabitants of the dis- puted territory (which was given to Salem) might join with the people of Windham, if they saw fit so to do. The charter of Salem was then revised and new western bounds for the town decided and ordered by the council.
Province Seal George the Second by the Grace of God
Province of New Hampshire.
SALEM CHARTER of Great Britain, France & Ireland, King,
ALTERED. Defender of the Faith &c.
"To all to whom these presents shall come, Greeting- Whereas diverse disputes have arisen between the inhabitants of our town of Salem and the inhabitants of our parish of Windham within our Province aforesaid touching the dividing bounds be- tween them as the same are described in our charter of incor- poration for the town of Salem aforesaid of the 11th of May in the 23ª year of our reign, which said disputes have occasioned many petitions and complaints from both parties to our Governor & Council of our said Province and whereas the said parties have each of them at their respective meetings regularly warned for that end agreed upon, Voted & desired an alteration in the lines of the said town of Salem as the same are described in the char- ter aforesaid and have exhibited the votes of the said town and parish respectively thereon together with a Plan of the said town of Salem with the desired alteration thereon described and also
107
BUILDING THE TOWN.
requesting that all such persons who now inhabit or hereafter shall inhabit on that part of Salem which heretofore was in the parish of Windham or paid rates & taxes there may have the liberty to joyn with the said Parish in such affairs only as re- late to the minister & ministry in said parish if they or any of them shall see cause so to do.
"Now know ye that as well for the town & parish aforesaid as for quieting the said parties & putting a stop to any further strife or complaints touching the premises-We have thot fit by & with the advice of our trusty & well beloved Benning Went- worth Esq. our Governor & of our Council of our said Province, To Order & Ordain & do by these presents order & ordain that in that parte of the bounds of the said town of Salem which divides the said town & the said parish an alteration shall be made thus Viz: beginning at the white oak mentioned in the Salem charter aforesaid as standing in an angle of Londonderry line from thence running south about five hundred and twenty six rods to Hitty Titty Pond so called-thence south thirty two degrees & one half degree west about four hundred rods to a hem- lock tree marked S. W. standing near the south west angle of Pollicy Pond so called from thence south forty degrees west to a White Pine standing in Pelham line, thence by Pelham line south thirty four degrees and one half degree east to a white oak stand- ing in the Province line and is a boundary mentioned in the char- ter aforesaid, thence (without any alteration from the bounds mentioned in the charter aforesaid) by the Province line as that runs till it comes to the stake by the Captains Pond being the first bound mentioned in the charter aforesaid, thence following the bounds mentioned in the said charter till it comes to the White oak standing on the angle of Londonderry line being the bound tree where the alteration made began - And that the said tract of land circumscribed within the bounds above mentioned as they stand altered from the lines in the charter aforesaid shall be and hereby are made the bounds of the town of Salem, the former bounds in the charter above mentioned notwithstanding and the inhabitants that now are or hereafter shall be settled upon the said tract of land & such only shall be deemª & held to be the in- habitants of Salem to all intents & purposes excepting such inhab-
108
HISTORY OF SALEM.
itants as now are or hereafter shall be upon that part of Salem which heretofore was deemed parte of Windham or that paid rates & taxes there who shall have the liberty (if they see cause) to join with the inhabitants of Windham in all matters & things which relate to the minister or ministry in said parish and those only - provided nevertheless that all those inhabitants of Salem that paid their province tax to Windham proportion shall con- tinue so to do till a new proportion shall be made or some farther order thereon - Provided also that all such of the present inhab- itants as shall desire to join in the above mentioned particulars with the inhabitants of Windham shall within six months from the date hereof signify such their desire under his or her or their hands to the Selectmen of Salem and also to the Selectmen of Windham respectively and that all such persons as shall here- after become inhabitants of the said tract last mentioned shall in the same manner signify their desire to both setts of Selectmen aforesaid within six months after their first entrance as inhabit- ants there and when they have so done they shall be and hereby are excluded from the privilege of voting in those affairs above mentioned with Salem and shall be and hereby are exempted from any rates or taxes that shall be laid for the support of the minister or ministry as aforesaid in the said town, and shall enjoy the privilege of voting with and be obliged to do the duty that other the inhabitants in Windham do enjoy or are obliged to do in relation to the minister or ministry as aforesaid-
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