USA > New Hampshire > Merrimack County > Andover > History of the town of Andover, New Hampshire, 1751-1906, Part I > Part 2
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same time to the Grantors That one of the said Shares be for the first Minister of the Gospel who shall be Settled on the said Land & Continue there during his life or until he shall be Regularly Dismissed- To hold to him his heirs & assigns-and one other of the said Shares to be for & towards the Support of the Gospel Ministry there forever-and the first hundred acre lots belonging to these two Shares shall be laid out as near the place where the Meetinghouse shall be built as may Conveniently be done-and not be drawn for as the other Lots that there be ten acres of land left and Reserved forever in some Convenient Place within said Boundaries for Building a Meetinghouse & school House upon & for a Training Field a Burying place & any other Public use the Inhabitants there may have Occasion for that one other of said Shares be for the use & Support of a School there forever- That Eighteen of the said Shares be & hereby are Reserved to the use of the said Proprietors the Grantors in these Presents their heirs & assigns, That the owners of the other Sixty Shares make a Regular Settlement there at their own Charge & Expence in the following Manner Vizt; That fifteen Families be Settled upon said Tract of Land each having an house of Sixteen foot Square at least or equal thereto & four acres of land Cleared and fitted for Tillage or Mowing upon their Respective Shares within four years next after the Granting hereof & fifteen Fam- ilies more so Settled within Six years from the Granting & thirty Families more within ten Years from the Granting hereof that within Eight Years from the Granting hereof a Meeting house be Built for the Publick Worship of God & fitted for that Purpose for the use of the Inhabitants there & that they Maintain and Support the Constant Preaching of the Gospel there after the Expiration of ten Years from the Granting hereof & that the said Grantees Determine within one year from the Date of the Grant which of the sd. Sixty Settlers shall be the first & second fifteen and make Report to the said Grantors within one Year from the Date hereof- That There be twenty acres of land left in some Suitable place within said Boundaries for a Privilege & Accommodation of a Saw Mill with Suitable Roads leading thereto which shall be to him or them his & their heirs & assigns (the Roads excepted) who shall build such a mill within three years from the Granting hereof with the Privilege of the most Convenient Stream & place for doing the same & in Consideration thereof for the Benefit of
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THE EARLY HISTORY.
the said Inhabitants the owner or owners of such Mill shall Saw the Logs & timber of the other of the said Inhabitants or such as are pre- paring to build there to the halves for the Term of seven Years next after the said Mill shall first work if desired so to do & if no Particular Person or Persons of the owners of sd, Shares or such other person or Persons as the Majority of them shall Permit to do the same will under- take to Build such Mill on the terms aforesaid then the said owners shall do the same at their Common Charge and put the said Mill under such a Regulation as that they and other Inhabitants there or such as Shall be preparing to Settle may have their logs & timber Sawed at the halves as Occasion may require for Building on the land hereby Granted-
That each owner of the said Sixty Shares pay to Such person or persons as the Majority of them shall Elect for that purpose-all such sum & sums of money or Bills of Public Credit as the said owners or the Major part of them shall Determine to be Necessary from time to time & as Occasion shall Require to defray the Charges of laying out the said Land as aforesaid & other matters & things necessary to be done for making a Settlement as aforesaid & performing the other matters & things herein Directed to be done That the lots be laid out in Ranges where the land will admit of it best & land left between the Ranges for highways of four Rods wide & also between the lots as many roads as may be thought Convenient of four rods wide & that a plan of the whole when so laid out be made at the Charge of the said owners & Returned to the Grantors when said lots are drawn for as aforesaid. That the Eighteen Shares Reserved as aforesaid be Exon- erated acquited & fully Exempted from paying any Charge towards making said Settlement & not held to the Conditions of the Sixty Shares aforesaid nor be liable to any Taxes or assessment untill improved by the Grantors their heirs or assigns That all white pine trees fit for Masting the Royal Navy be & hereby are reserved & Granted to his Majesty his heirs & Successors forever for that purpose That in Case anyone or more of the first fifteen Settlers their heirs Executors Administrators or assigns shall Neglect & Omitt doing & performing what is to be done & performed by the said first fifteen Settlers Respectively within the time herein limited then such Delin- quent owner or owners share in the said tract of land shall be for- feited unto the other fortyfive owners & others as shall have done their part and that they shall have the term of one Year more for doing & Performing the same-
And that in Case anyone or more of the second fifteen Settlers their Heirs Executors administrators or assigns shall neglect & omit to do & perform what is to be done & performed by the said Second fifteen Settlers Respectively within the time herein Limited then such Delin- quent Owner or Owners Share in the said Tract of land shall be for- feited unto the other thirty owners & others as Shall have done their Part & that they shall have the Term of one Year more for the doing
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HISTORY OF ANDOVER.
and Performing the same and that in Case Sixty Families shall not be Settled within the time herein limited by the said Sixty owners their heirs or assigns then the whole of the said Sixty shares shall revert unto the Grantors their heirs or assigns and that the said Grantors their heirs or assigns shall and may enter into the Same & take Posses- sion thereof as tho. this Grant had never been Made-
Provided always in Case of an Indian War within any of the Terms of Years above limited for the doing any of the said Matters & things aforesaid by the said owners to be done the same Number of Years as such War shall last shall be allowed after that Impediment shall be removed & in Case any Action or Suit shall be bro't against the Gran- tees or any of them for the said Tract of land or any part thereof in the Right of the King under the Massachusetts Province the Claim of Sam1. Allen Esq. Deceased or the Million acre Grant so called the said Grantees are hereby Obliged to Vouch the said Grantors or such of the said Grantees as shall be so Sued shall so do & the said Grantors hereby Promise & Ingage they their heirs executors administrators or assigns shall & will at their own Cost & Expense Defend one Action or Suit upon one of the said Titles or Rights & Pursue the same to final Judg- ment through the whole Course of the law (if there shall be occasion) and in Case the final Judgment in such trial shall be against the said Grantors the Grantees shall Recover nothing over in Satisfaction of and from the said Grantors their Heirs Executors or administrators or any of them Provided also that the said Grantees do Sign an Instru- ment within nine months from Granting hereof therein Acknowledging that they Do Hold the same under The Grantors and thereby Obliging themselves to do & perform what they are Enjoined to do & perform and Return said Instrument to the Grantors within the time afore- said-
Copy of Record
Attest (Signed)
GEO: JAFFREY Proprs. Clerk
CONCESSION TO THE SETTLERS.
A portion of the record of a meeting of the proprietors, on February 20, 1752, is as below :
Vote whereby the Said Grant was made among which is the article following, that in Case sixty families shall not be settled Within the time Limited in said Vote for the settling of that Number by the own- ers of Sixty Shares of the said Tract of Land who are to make said Settlement or their Heirs or assigns shall and may enter into the Same & take Possession thereof as tho- the said Grant had never been made :-
And Whereas it has been Represented to the said Proprietors in behalf of the Grantees that from other articles in said Vote it was
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THE EARLY HISTORY.
Necessary a short time farther than that Limited in said vote for the settling of the said sixty families should be Granted and allowed for the Perfecting of said Settlement as the Case may Happen in carrying on the Same Which motion having been Considered and the said Pro- prietors being desirous of giving all Reasonable Encouragement to the Said Settlers and of having the sd. settlement effected according to the Design of the Grant.
Therefore voted that the share of each of the Said Grantees who were to Make the Settlement according to the Said Vote and who shall not have performed and done his part and Duty therein at the time Limited in the said Vote for the Compleating & perfecting the settle- ment of Sixty Families on Said Land according to the true intent and meaning thereof be and hereby is granted to such of Said Grantees as shall have done and Perfected their Respective Part and Duty therein: Provided Nevertheless on this condition only that Those Grantees who shall have so Settled Shall and Do well & truly perform the part, Duty and business of such Neglecting and Delinquent Person within the term of six months from the Expiration of term Limited in said vote for the Compleating the Settlement of sixty families as aforesaid which Term of six months is hereby Granted to them for that purpose but in default hereof this Vote shall be Void and the Grant of said Land be and Remain on the Conditions and Limitations of the former Vote and as tho this Vote had never been Passed anything herein Contained to the Contrary thereof Notwithstanding.
In order to forward the settlement of the grant, the following agreement, copied from the original paper, was adopted and signed by twenty-one of the proprietors :
PENALTIES FOR NON-PAYMENT OF ASSESSMENTS FOR EXPENSES.
Whereas the Proprietors (Purchasers) of the Right of John Tufton Mason Esq. to the Lands in the Province of New Hampshire On the Twentyeth day of November 1751 Granted to us the Subscibers a Tract of Land in Said Province Containing About Forty Square Miles Near Pemigawasset River Under Certain Terms, Conditions & Limitations. The Performing of which will make it Necessary That Each Proprietor of Said Tract of Land should pay his Proportion of the Charges of Settling the Said Tract of Land- Therefore We the Subscibers Do Hereby Covenant Promise & Agree to and with Each Other That We & Each of us for himself Will from Time to time and at all Times Well & Truly pay Such Sum & Sums of Money as Shall be Assessed or Sett on Each of our Rights or Shares in said Tract of Land Respectively By Vote or Votes of the Proprietors of Said Land for Defreying all Necessary Charges in Carrying on a Settlement of Said Land to Such Committee or Treasurer or Collector as shall from time to Time be
.
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HISTORY OF ANDOVER.
Chosen or Appointed (by the Said Proprietors) for that Purpose; And In Case any or Either of us Shall Fail of paying Such Sum & Sums of Money as aforesaid We hereby Covenant, Promise & Agree to & with Each Other That the Person or Persons So Failing Shall Forfeit & Give up to the other Proprietors of the Said Tract of Land All his or their Right & Title to the Said Tract of Land to be sold by the Said Pro- prietors in Such way & manner as Shall be Voted or Agreed to by the Said Proprietors- In Witness whereof we do hereunto Set our hands this first day of May Annoque Domini One thousand Seven hundred and Fifty four .-
Edmund Brown
Amos Dwinnell
Ebenezer Lovorin
Jonathan Brown
Richard Smith
John Hoyt
John Sanborn
Nathan Longfellow
William Swain
John Sanborn for John Eles
Achelaus Lakeman
Robert Miller
Nath'l Healey Jr.
Samuell French
Nathan Rowe
Daniel Page
Benjamin Swett
Tobias Lakeman
James Carrick for 2 Rights
Ezekiel Worthen
Anthony Emery
Under the terms of the above agreement, many of the lots changed owners within a few years.
THE ENABLING ACT.
An act to enable the proprietors of New Breton to sell lands. etc., passed the House in the Provincial Legislature of New Hampshire on May 31, 1765. The governor and council con- sented to the act, - 22, 1766. The month of the latter date is not definitely given in the records. nor are the details of the act given. It is evident, however, that the proprietors acted under such authority.
THE SETTLEMENT.
Although the proprietors of New Breton were quite ready to begin the settlement of their grant, nothing was accomplished in that direction during the next seven years. On May 11, 1754, only ten days after the transfer of the grant had been completed, Nathaniel Meloon, who had settled in Stevenstown, west of the Blackwater, was captured by the St. Francis Indians and, with his family of six persons, carried to Canada and sold to the
SITE OF THE FIRST BUILDING IN ANDOVER; THE MAN STANDING ON THE SPOT WHERE JOSEPH FELLOWS BUILT HIS LOG CABIN IN 1761
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THE EARLY HISTORY.
French settlers. On August 15, 1754, in the eastern part of Salisbury, near the Webster place, the Indians killed Timothy Cook and Mrs. Philip Call. On the same day, Robert Barber and Sammel Scribner of Stevenstown, who were haying near "Flaghole," were captured by a part of the same band who had killed Cook and Mrs. Call at the Webster place, and were taken to Canada and sold to the French. All these prisoners, save a young daughter of Meloon, finally returned to their homes. These Indian raids immediately stopped all preparations for set- tling the grant until the close of the French and Indian War, by the English conquest of Canada in 1760.
When the incursions of the Canadian Indians ceased, the plans for settlement were taken up anew.
The first settler was Joseph Fellows, who occupied his log cabin, in what has since been called the "Flaghole" district, in the spring of 1761. He was followed by Elias Rano, William Morey, Edward Ladd and Simeon Connor. They were soon followed by John Rowe, William Emery and others, all hardy, trained and fearless men, well skilled in the use of the axe and the gun; and most of them afterwards saw service in the war for American independence.
Soon after the settlement of New Breton began, there were many discouraging circumstances, due mainly to the small annual additions made to the colony and to the misunderstandings between the settlers and the proprietors. This dissatisfaction finally culminated in the following letter, which will explain itself :
A letter of Complaint from the Settlers of the township of Newbrit- ton to the genteel men granters of Said township Whareas your honers Ware pleased to grant this township to a Sertain number of men and they having givn Som Small incourigment for Settling We a few of us have under taken to Settle in Said town we would inform you genteel- men that we undergo a great deel of Difekelty on the a count of the proprietrs being backword in premoting the Settlement of this town they are not carefull to perform what they promised us neithe can we learn as they give any incourigment at all for any more to Com into the town they Clear us no rodes build us no bridges indeed they have built us a saw mill but that not being Completed as it ought to be that we git our bords with a great deel of Difikelty but this is not all we Suffer more abundently for want of a grist mill we have been forsed to go twenty mils to mill this year with a teem and men upon
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HISTORY OF ANDOVER.
three Days and nights by these and such like difikeltys and many more which would be needless for us to mention is the grate means why people do not settle in the town if the proprietrs would give any proper Incourigment there is men stands radey to settle in the town but by the backwardness of the proprietrs they are Discoriged and it hath almost Discoriged us for in removing into Suchy Distent wildness we are Deprived of the privilege of the gospel which is one grate Discour- igment and things at present lookes very Dull with us and without theire be some further care taken we Sea nothing else but we are likely to spend the rest of our Days in a wildrness without the gospel as those hethen natives of the land hath done before us and there fore genteelmen we your most humble Sarvents would be gratly obliged to you if you would be so Cheretible to us as to Stir up and move forward our proprietrs in the further Settlement of this town for we Cannot Sea as they have any regard to their fellow Creters but only for their own privet interest atrying to Save their land with as little Cost as possible and we at the Same time are the grate Suffers by this means and genteelmen this is our Complaint hoping that your Honours will do Sumthing for our releif Dated at Newbritton November the 5 1767
William Morey Samuel Blake Edward Ladd
Israel Graves
elias rano
Sim Connor
Samuel rano
Samuel Scribner Joseph Fellows.
The early history of the town, known at various times as "Brownstown," "Emerystown," "New Breton" and, finally, as "Andover," was developed under three distinct forms of government.
From the date of the original grant, in 1751, to 1773. the gov- ernment was conducted solely by the proprietors. From June 21, 1773, to July 13, 1779, the territory was an unincorporated town- ship. After its incorporation as Andover and its first town meet- ing on July 13, 1779, the citizens of the town had the entire con- trol of its municipal affairs. At first the grant was sometimes called "Brownstown," ont of respect to the first named grantee, Edmund Brown. Afterwards it was sometimes called "Emerys- town," after Anthony Emery, who was interested in the settle- ment of the grant.
On May 28, 1773, the General Court of the British Province of New Ilampshire passed an act, requiring each unincorporated township to organize a local government, to facilitate the due apportionment or assessment and collection of taxes for the sup- port of the provincial government.
By virtue of the authority vested in him, John Goffe of Derry-
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THE EARLY HISTORY.
field called a meeting of the settlers of New Breton for the pur- pose of organizing their township under the provincial law. The meeting was held June 21, 1773, in the house of the first settler, Joseph Fellows. At this meeting the required loeal township government was organized and the necessary officers were elected. It was voted that the assessors should invoice the property of the inhabitants. This arrangement did not supersede the organiza- tion of the proprietors or change their methods of proprietary control.
The first town meeting after the incorporation of the town as Andover was ealled by Samuel Blake. The eall was dated June 29, 1779. At this meeting, held at the meeting-house, July 13, 1779, the following town officers were chosen :
Moderator, Samuel Blake.
Town Clerk, Jonathan Weare.
Selectmen, Joseph Philbrick, Samuel Blake, Jabez Morrill. Assessors, Peter Weare, Joseph Chandler.
Surveyors of Highways, Robert Wise, John Rowe, Joseph Phil- brick, Joseph Fellows.
Tithing Men, William Morey, John Rowe.
Hog Constables, William Emery, Josiah Scribner, Robert Wise, Ebenezer Tucker.
Constable, Thomas Blake.
Fenee Viewers, Joseph Philbrick, John Rowe.
Deerkeepers, Robert Wise, Moses Clough.
Surveyor of Lumber, Moses Clough.
At this meeting the record shows: "Lastly, voted to give five hundred dollars for a man to go into the Continental Service during the war."
Diligent search has, thus far, found no record of any reason assigned for changing the name of this town from New Breton to Andover. It is generally supposed that the war with Great Britain made the former name, generally pronounced like the name of the mother country, very objectionable to the residents. of the township; but why the name Andover was selected has not yet appeared.
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HISTORY OF ANDOVER.
TOWN MEETINGS.
After the organization of the township, the meetings of the citizens were held at private houses until the first church was built. After the first minister was settled, all the business of the town and the church was transacted at meetings generally held in the meeting-house. There is a record that the town meeting on April 16, 1798, and also the following meeting, were held at the tavern of Elisha Cilley at the Centre. In 1840 the town voted to relinquish all claim to the meeting-house (the North Church) to any society that would repair it and maintain it in good condition. The offer was accepted by the Christian denom- ination and the town meetings were afterwards held in halls, taverns or the church at the Centre, until the erection of the town house at the Centre in 1879. During this period most of the meetings were held in the hall in the tavern at the Centre.
Following is the call for the first meeting of the people of New Breton under the provincial law :
Province of New Hampshire Hills Borough
To the Inhabitants of New brittain so Called in the County of hills- borough greeting-
Whereas by an act for a New Proportion of the Province tax Passed May the 28. 1773 I am appointed to call meetings of the Inhabitants of Certain Places which are not incorporited nor have aney method to assess the Sums to be raised in certain Counties which meetings by said act are to chuse the necessary officers for assessing and collecting the Several Sums their Proportion of the Province & County tax you are hereby Directed in his masesty Name to meet at the house of Joseph fellows on monday the 21 Day of June present at ten of the clock in the fore noon for the porpoiss afor said-
Given under my hand and seal at Derryfield this first Day of June in the 13th year of his Majesty Raign annoy Domini-1773
John Goffe
New brittain the 21st of June 1773 the Inhabitants met according to the Notification and Proceeded to the choice of the officers as folloeth viz.
voted Paul Smit Marston Clark
Samuel Blake
Joseph fellows
Lassessors
William Emory
Joseph Severeness Collector
The assessors to take the Invoice.
The above meeting was held at the house of Joseph Fellows.
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THE EARLY HISTORY.
The record of the second town meeting is as given below :
New Britton March the 15 1774
the free holders and in habints met acording to the notifiy cation and Proceded to the choice of the offciors as folloeth viz Voted
Moderator Samuel Blake
Town Clark Collector
Paul Smith Marston
William Morey
William Emery
Assessors
Paul Smith Marston
thomas Blake
Voted to give the Collector Six Pence upon the Pound for gathring the money.
Moses Clough and Jonathan Selle Chosen to Examine the assessor accounts
Voted that the assesor Shall have two Shillens a Day
At the township meeting on November 6, 1775, Joseph Sever- ance, Samuel Blake, Paul Smith Marston, Moses Clough and Thomas Blake were elected a "Comity of Safty or In Spection."
The proprietors' records cease April 11, 1775. The New Bre- ton township records, under the provincial law of May 28, 1773, begin June 20, 1773.
TOWNSHIP OFFICERS OF NEW BRETON, CHOSEN AT THE ANNUAL MEET- INGS. (COMPLETE.)
Moderator
Town Clerk
Assessors
Collector
June 21 1773
No record
Paul Smith Marston
Samuel Blake Joseph Fellows William Emery
Joseph Severance
Mar. 15 1774
Samuel Blake
Paul Smith Marston
William Emery Paul Smith Marston Thomas Blake
William Morey
1775
William Emery
Paul Smith Marston
Abba Brown Thomas Blake Joseph Severance
Moses Clough
1776
Joseph Rawlins Paul Smith Marston
Peter Weare Paul Smith Marston Nathan Rowe
Samuel Blake
1777
Samuel Blake
Paul Smith Marston
Jabez Morrill Paul Smith Marston Moses Clough
John Rowe Jr.
There were two township meetings in 1778, one on January 30, the other on March 30, and on both occasions township officers
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HISTORY OF ANDOVER.
were elected. The following literal copy of the notice and the record will explain itself :
State of New Hampshire Hils Borough
By Vartue of an act of the general assembly of this State I notify and warn the inhabitants of New brittan to assemble and meet to gether at the meeting house on fryday the thirtieth day of this enstant Jan- uary at one of the Clock in the after noon then and their when met to act on the following articals Viz .-
1 to Chuse a moderator to Regulate said meeting
2 to Chuse a Clark and all other officers as the law directs in order to asses and Colect the State tax of said New Brittan
John Putney
January 12, 1778
New Brittain the 30 Day of January 1778
the inhabitants met acording to the Notification and proceded as folloueth viz .-
Chos Cp John Putney moderator
Voted Paul Smith Marston town Clark
Paul S. Marston, :- Select
John Rowe, Juner Constable
Joseph Philbroik
Men
Nathan Rowe
the meeting Desloved.
The records of the remaining meetings under the township organization are as copied below :
New Britton March the 30: 1778
the free holders & inhabitants meet acording to the Notification 1ly Chos Samuel Blake moderator. 2ly Chos Paul S. Marston town Clark 3ly Select men Joseph Philbrick Paul S. Marston thomas Welch
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