USA > New Hampshire > Merrimack County > Canterbury > History of the town of Canterbury, New Hampshire, 1727-1912, v. 1 > Part 20
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LIBRARIES OF CANTERBURY.
of Canterbury is little in excess of 600 at the present time, the librarian has given out nearly 400 cards. The annual expendi- ture for books is not far from sixty-five dollars. The present number of volumes is approximately 600 in addition to the books of the earlier libraries, making 1,700 in all. The public library was opened October 21, 1893. Miss Elizabeth F. Houser was elected librarian, a position she still holds.
The earliest library to be incorporated in New Hampshire was one at Dover for which a charter was obtained in 1792. The next was at Tamworth in 1796. A year later twenty-one libraries were chartered by the legislature, of which that at Canterbury was one.1 After 1797 there was a constant addition to the num- ber, but that year appears to have been the beginning of the library movement in the state. As has already been seen, the first organization of a library at Canterbury, antedates this move- ment by about two years. Individuals in other towns may have taken a like initiative before applying to the legislature for a charter, but the number of libraries thus started without legisla- tive authority is very few.
At a meeting in August, 1806, the town voted to divide Canter- bury into highway districts, "that said districts may be more equally divided and more permanently established." Highway surveyors appear to have been officers of the town from the earliest days of the settlement, being appointed even when the proprietors' meetings were held in Durham. By what method the boundaries of their several districts were fixed does not appear from the records of the town. In 1750 there were only two highway surveyors, and, with one exception, this was the number until 1765, when four were appointed. The number varied for the next thirty-five years from five to thirteen, being reduced to eight in 1799. This indicates that there were no districts defined by metes and bounds until after 1806, the surveyors probably exercising supervision over territory marked out for them by the selectmen.
At the annual meeting in 1807, the committee appointed the year previous to divide the town in highway districts made its report which was accepted. The boundaries of these districts are indefinite; but the names of the surveyors in each district
1 Index Laws of N. H., 1679-1883, page 286.
15
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HISTORY OF CANTERBURY.
indicate their location. The surveyors were: District No. 1, Lieut. William Moore; No. 2, Samuel Gerrish; No. 3, Jonathan Ayers; No. 4, Abiel Hazeltine; No. 5, Capt. David Morrill; No. 6, Ezekiel Morrill; No. 7, Leavitt Clough, Jr .; No. 8, Francis Winkley; No. 9, John Kimball; No. 10, Leonard Whit- ney; No. 11, Enoch Emery; No. 12, Dea. David Kent; No. 13, Nathaniel Bachelder, Jr .; No. 14, David Clough; No. 15, Oba- diah Mooney, Jr .; No. 16, Nathaniel Ingalls; No. 17, Amos Pickard.
The first reference in the records to the War of 1812 was at a special town meeting held July 28 that year. There was an article in the warrant "to see if the town will give any more than $5 per month to those men who were detached Minute Men from the town of Canterbury, which (is) our proportion of a hundred thousand which the government voted to raise." Noth- ing was done at this meeting except to instruct the selectmen to insert an article in the warrant for a meeting in November "to see if the town will vote to give the men detached from the militia anything in addition to what they are to receive from the govern- ment." At the November meeting it was voted to pass this article.
Congress voted to declare war June 18, 1812, and the Presi- dent made requisition upon the government of New Hampshire for its quota of militia. Under date of May 29, orders were issued by Gov. John Langdon detaching 3,500 men from the militia of the state and organizing them into companies, battalions and regiments to be armed and equipped and in readiness to march at the shortest notice.1
More than a month before the declaration of war, Lieut .- Col. Moody Bedel, who had orders to raise seven companies for the regular army, established a recruiting station at Concord. Be- tween May 8 and September 16, 1812, he had enlisted 397 men. These recruits were for the Eleventh United States Infantry, of which Colonel Bedel was an officer.2 The rolls as published do not indicate the place of residence of the recruits, but it is probable that there were enlistments from Canterbury.
On the roll of field and staff officers of this regiment of United States Infantry is the name of Royal Jackman as chief musician.
1 Potter's Military History of N. H., Vol. II, page 6.
? Idem, page 35.
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WAR OF 1812.
He was a well-known resident of Canterbury. Mr. Chandler E. Potter says of him, "His skill with the drum and astonishing dexterity with the sticks, keeping one in the air while its fellow was continuing its duty in producing correct and excellent music, must be recollected by many men within the limits of the 11th and 38th Regiments." 1
At the annual meeting in Canterbury March, 1813, there was an article in the warrant "to see if the town will vote to purchase arms and accoutrements for such a part of the militia as are not able to equip themselves," but no action appears to have been taken.
In 1813 and 1814 detachments of the state militia were sta- tioned at Stewartstown on the northern frontier, and at Ports- mouth in expectation of an invasion of New Hampshire territory. At a special meeting September 14, 1814, the town chose a com- mittee consisting of Maj. Asa Foster, Capt. John Foster, Capt. Daniel Sawyer and Ensign Jeremiah Forrest "to procure our quota of militia to defend the sea board if called for rather than draft them." The committee was given authority to pay every person who volunteered or was drafted $5 per month in addition to what they were allowed by the government.
This meeting followed immediately after the order of Gov. John T. Gilman, dated September 9, directing detachments of the state militia to rendezvous at Portsmouth in anticipation of an attack upon the British.2 The rolls of the troops assembled at the seacoast very generally give the residence of the volunteers. Capt. Edward Fuller's company, Second Regiment, was recruited from Concord, Canterbury, Loudon, Northfield and Pembroke. From Canterbury the following names appear:
Samuel G. Sutton, Sergeant. Sampson How, Private.
Timothy Sargent, Private.
Samuel Davis,
David Kent, Jr.,
Joseph Clifford,
William Arvin,
Joshua Whitcher,
Milton Giles, Private.
They were in the service about sixty days. In the First Regi- ment was Capt. Nathaniel G. Bradley's company which was ap- parently taken from the militia about Concord, but the residence
1 Potter's Military History of N. H., Vol. II, page 36.
2 Idem, page 130.
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HISTORY OF CANTERBURY.
of the men is not given on the roll. As only eleven of the com- pany, including the captain, are identified as from Concord, it is very likely that some came from Canterbury.1
The last reference to this war in the records of the town is at the annual meeting of 1815, when it was voted to dismiss an article "to see how much money the town will give each person per month who was drafted to defend our sea board in the year 1814."
The town records give no information of the enlistments for this war, and the rolls of New Hampshire soldiers have never been obtained from the general government.
Dr. Joseph M. Harper enlisted in January, 1813, and was commissioned as second surgeon in the Fourth United States Infantry. His service continued to the close of the war. Jere- miah, son of Obadiah and Sarah Clough, born January 15, 1784, was a soldier in this war and died at Baton Rouge, La.
At the annual meeting in 1815, Abiel Foster, John Sutton and Ezekiel Morrill were chosen a committee to examine the records and see if any land can be found that has not been disposed of. This committee reported that they found "one lot in fourth division laid out for the Parson's right Number 75 lying between lands owned by Obadiah Clough and Gilman Clough, and have surveyed and measured the same and find it contains forty five acres." They also found that "the forty acre lot No. 11 belongs to the school right. It lies in the second range adjoining lot No. 10." Some common land in the "state of nature, " except as timber has been cut off recently by individuals, was discovered between lots number 11 and 13. .
At the annual meeting in 1816 a committee was appointed to determine what it was best to do with these lots, and in Novem- ber they report that it was thought for the benefit of the town to sell the school lot but that the lot belonging to the minister's right be kept for the present. This report was accepted and the selectmen were directed to sell the school lot.
At the annual meeting in 1824 it was voted that the parsonage lot be sold and the money appropriated for the support of the gospel. The time of the sale was left to the judgment of the selectmen.
1 History of Concord (1903), page 344.
CHAPTER IX.
EARLY LEGISLATION FOR THE SUPPORT OF PUBLIC WORSHIP. THE TOLERATION ACT. SEPARATION OF TOWN AND CHURCH IN CANTERBURY. CONTROVERSY OVER THE LOCATION OF A TOWN HOUSE. USE OF THE OLD MEETING HOUSE AS SUCH. THE MORAL SOCIETY. POOR FARM AND HOUSE OF CORRECTION. BRIDGES.
The Rev. William Patrick was the last settled minister of the town. Before his pastorate was half complete, the toleration act was passed and the former system of taxation for the main- tenance of the gospel came to an end in New Hampshire. At the time of Mr. Patrick's coming there was protest to both the doctrine that he preached and to the tax levy for his support. Other religious societies had already been organized in Canter- bury, the Shakers and the Freewill Baptists. The Shaker faith had its converts in town as early as 1782, and ten years later they were organized into a community and were settled in the east part of the town at their present location.1 In 1794 the Freewill Baptists had formed a society and towards the close of 1802 their first church was built.2 This was six months prior to Mr. Patrick's settlement. Whether there was difficulty in collecting the minister's tax from the time of his coming in 1803 to 1819, when the toleration act was passed, there is nothing in the town records to show. Mr. Patrick, however, faced a situation requiring tactful management on his part to prevent the disintegration of his followers of the Congregational faith. Both the Shakers and the Baptists were aggressive in their proselyting. In other towns of the state the established churches suffered because of the popularity of the new doctrines and the earnestness of their followers.
The early part of Mr. Patrick's ministry was a period of tran- sition. That his pastorate was so long is evidence that he met changing conditions in a philosophical spirit. Whatever differ-
1 See chapter on Shakers.
2 See chapter on Freewill Baptists.
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HISTORY OF CANTERBURY.
ences of opinion the people entertained of his theology, there was but one sentiment regarding the man. He endeared him- self to all by his kindly nature, and "Priest" Patrick, as he was affectionately called, was a welcome visitor to the homes of ortho- dox and dissenter alike. The records of the town furnish little information of what was taking place, but an occasional vote shows that the people were becoming more tolerant in their religious attitude. For nine years, from 1793 to 1802, the Bap- tists had made vain efforts to secure the use of the North Meet- ing House for their public services. Yet at the annual meeting in 1805, scarcely two years after their own church was completed, the town "voted to give the Baptist Society fifteen shillings for taking care of their meeting house the last year." When the time came fourteen years later that churches had to depend upon the voluntary offerings of their congregations, the people of Canterbury were evidently prepared for the change. Even the division of the income of the fund, which had been created by act of the proprietors in 1756 for the support of the gospel, be- tween the Congregationalists and the Baptists was made without friction.
"The toleration act," as it was called, was simply an amend- ment to one section of an act passed February 8, 1791, "for reg- ulating towns and the choice of town officers." This section authorized towns to vote money for certain specific purposes, among which was "the settlement, maintenance and support of the ministry." This clause was dropped from the amended act, which was approved July 1, 1819, so that towns no longer possessed the right to levy taxes for the support of preaching or the building of churches. There were, however, existing contracts between towns and their ministers entered into at the time of the settlement of the latter which could not be invali- dated. Then many of the meeting houses had been built from public funds and were used jointly for town purposes and reli- gious services. To protect these vested rights the amended act "provided that towns between which and any settled minister there is prior to, or at the passing of this act, a subsisting con- tract shall have the right from time to time to vote, assess, col- lect and appropriate such sum or sums of money as may be necessary for the fulfilment of such contract, and for repairing the meeting houses now owned by such town so far as may be
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EARLY LEGISLATION FOR SUPPORT OF PUBLIC WORSHIP.
necessary to render them useful for town purposes, provided that no person shall be liable for taxation for the purpose of fulfilling any contract between any town and settled minister who shall, prior to such assessment, file with the town clerk of the town where he may reside a certificate declaring that he is not of the religious persuasion or opinion of the minister settled in such town."
Authority was also given to any religious sect or denomina- tion of Christians to form itself into a corporate body with power to raise money upon polls and estates of its members for the purpose of building houses of public worship and for the support of their ministers. The assessors and collectors of such associ- ations were clothed with the same powers and were liable to the same penalties as similar town officers. No person was com- pelled to join or support any congregation, church or religious society, and he could separate himself therefrom after becoming a member by leaving a written notice with the clerk of the society. Then his liabilities ceased.
Ezekiel Morrill was the representative from Canterbury to the legislature which passed the toleration act, and on two roll calls he voted against the measure.
To appreciate the full significance of the toleration act, a brief review of the colonial and state legislation on the subject of the support of the ministry which preceded it in New Hamp- shire is essential. It must be borne in mind, however, that, with the exception of the establishment of the Church of England at Portsmouth, the Congregational and Presbyterian Churches were the only organized religious denominations in New Hampshire until late in the eighteenth century. The people, so far as they were able to express themselves through their legislative assem- blies, sought to maintain religious teaching by local taxation, and even the Crown, when it arbitrarily interfered in the affairs of the colony, acted upon the principle that no one was to be excused from contributing to the support of the gospel.1
The predominant and almost universal religious sentiment of New Hampshire was in accord with the Puritan Church until after the Revolution, for, with the exception of a few Quakers who came to the colony and the single parish of the Church of
1 Laws of N. H. Provincial Period, 1679-1702 (Batchellor), pages 641, 861.
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HISTORY OF CANTERBURY.
England at Portsmouth,1 no other creed was presented to the people until the coming of the Baptist and Universalist preachers after 1770 and the advent of the Shakers in 1782. The sluggish condition of many of the Congregational and Presbyterian Churches at this time gave encouragement to the "new lights," as the evangelists of the new doctrines were called, and con- tributed to their following. Embracing the faith of these itin- erant preachers, the people began at once to object to the payment of taxes for the support of a ministry with whom they were not in accord.
The attainment of political independence by the United States emphasized in New Hampshire the restraints of the statutes bearing upon the subject of religion, which, until the people divided in their religious beliefs, had not been irksome. Conditions, therefore, had materially changed when the nine- teenth century opened from what they had been for a century and a half after the first settlement in the state.
When the union of the colonies of Massachusetts Bay and New Hampshire took place in 1641, the terms of the agreement provided "that all of the present inhabitants of Piscatag (Piscat- aqua) who were formerly free there shall have liberty of free- men in their several towns to manage all their town affairs and shall each town send a deputy to the General Court though they are not at present church members." 2
This concession to the people of New Hampshire, besides giving them representation in the assembly, marked the differ- ence between the qualifications of freemen in the two colonies. In Massachusetts the voter had to be a church member, while in New Hampshire this was at no time a condition of suffrage. The union of the two colonies continued until 1679, when New Hampshire was made a separate province under the administra- tion of John Cutt.
It was then enacted that "Those laws by which we have formerly been directed and governed shall be a rule to us in all
1 Itinerant missionaries of the Episcopal Church visited New Hampshire towns in the Connecticut Valley from 1767 to 1771. In the latter year the church at Claremont was organized. (History of the Eastern Diocese by Calvin R. Batchelder, pages 175-185.) A Baptist Church had been formed in Newton in 1755, and two others at Madbury and Weare in 1768, but the spread of the faith did not occur until later (History of Weare, page 140 and following).
2 Laws of N. H., Provincial Period, 1677-1702 (Batchellor). Introduction, page 33. Fiske's Beginnings of New England, pages 154, 155.
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EARLY LEGISLATION FOR SUPPORT OF PUBLIC WORSHIP.
judicial proceedings. . . The like laws shall be a rule to all the selectmen in each town for the management of all their prudential affairs according to the laudable custom hitherto used." 1 This enactment referred to the privileges accorded to the freeman of New Hampshire at the time of the union with Massachusetts Bay,2 and to the laws enacted during the time of that union as well as to the customs having the force of law.
In 1682, under the administration of Edward Cranfield, pro- vision was made for raising money in towns by taxation for the support of the ministry.3 Four years later New Hampshire was included in the dominion of New England, and under the administration of Joseph Dudley, which was preliminary to the assumption of authority by Sir Edmund Andros, it was ordered by the council that "all contracts, agreements and orders for the support of ministers and schoolmasters" be continued in full force.4
In 1692 New Hampshire again became a separate province, and August 5, 1693, the provincial government passed an act "for the maintenance and supply of the ministry." 5 This stat- ute becomes interesting because it more clearly defines the atti- tude of New Hampshire freemen towards the support of the gospel by taxation, although foreshadowed by prior acts already cited. Its provisions are as follows:
"That it shall and may be lawful for the freeholders of every respective town . . to agree with the minister or minis- ters for the supply of the town and what annual salary shall be allowed him, and the minister so made choice of and agreed with shall be accounted the settled minister of the town. And the selectmen for the time being shall make rates and assessments upon the inhabitants of the town for the payment of the minis- ter's salary as aforesaid in such manner and form as they do for defraying other town charges
"Provided always that this act do not at all interfere with their Majesties' grace and favor in allowing their subjects lib- erty of conscience, nor shall any person under pretence of being
1 Laws of N. H., Provincial Period, 1679-1702 (Batchellor), page 28.
2 Whittemore's edition, Laws of Mass. Bay, published 1887-1889.
Laws of N. H., Provincial Period, 1679-1702 (Batchellor), pages 69, 791, 800.
4 Idem, page 115.
5 Idem, page 560.
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HISTORY OF CANTERBURY.
of a different persuasion be excused from paying towards the support of the said minister or ministers of the town but only such as are consciensciously so and constantly attend public worship of God on the Lord's Day according to their own per- suasion, and they only shall be excused from paying towards the support of the ministry of the town.
"And it is hereby further enacted and ordained that for the building and repairing of meeting houses, ministers' houses, school houses and allowing a salary to a school master in each town within this province the selectmen in the respective towns shall raise money by an equal rate and assessment upon the inhabitants in the same manner as is in this present act directed for the maintenance of the minister."
All the acts of the colonial assembly were subject to approval by the Crown, and this New Hampshire law of 1693 was accord- ingly sent to England and by the Queen submitted to the attor- ney-general for examination. In his opinion the latter writes: 1
"And as to the act for the maintenance and supply of the ministry etc., this act leaves the ministry perfectly at the will of the people and also leaves it in the people's choice whether they will have a minister or not and exempts all persons who shall serve God separately according to their own persuasion from con- tributing to the minister, so that there is no settled minister at all in this colony. Therefore, I think this law is not fit to be confirmed."
This act was accordingly vetoed by the Queen in 1706.2 Per- sistent, however, in their efforts to control their domestic affairs, the representatives in the New Hampshire assembly of 1714 reenacted the law of 1693. It continued in force until 1791, when it was superseded by the statute passed by the legislature of that year. The new law became a part of the compilation of statutes of 1791, and the old colonial enactment was formally repealed with other statutes when the compilation was accepted by the general court.
The law of 1693 provided for liberty of conscience by exempt- ing from taxation for the support of the settled minister all such as were of a "different persuasion" from the established church of the town, if they "constantly attend public worship of God on
1 Laws of N. H., Provincial Period, 1679-1702 (Batchellor), pages 646, 861. 2 Idem, pages 866, 867.
EARLY LEGISLATION FOR SUPPORT OF PUBLIC WORSHIP. 219
the Lord's Day according to their own persuasion." This exemption was of little avail for the reason that, until the advent of the Baptists, Universalists and Shakers late in the eighteenth century, there were no places of public worship, barring the Epis- copal Church at Portsmouth, except those supported by public taxation.
The statute of 1791, however, omitted even this exemption, so that under the authority there given to towns to vote money for "the settlement, maintenance and support of the ministry" every tax payer was liable to contribute his share to the support of whatever creed a majority of the town desired. Societies of the new religious sects were now multiplying. Their adher- ents were aggressive. The minority, who on account of con- scientious scruples were opposed to being taxed for the support of the gospel, was constantly growing, while there was an increas- ing number of individuals of the Congregational faith who recog- nized the injustice of the existing system. Attempts to secure in the courts the freedom of conscience guaranteed by the bill of rights of the state constitution were largely futile owing to the rulings of prejudiced judges and the findings of juries drawn from panels made up largely of those who belonged to the established town churches. The contest grew in intensity and was finally carried to the legislature. After several years of agitation and debate and several trials of strength in the general court, the toleration act was passed.1
Mr. Patrick's contract made in 1803 was with the town of Canterbury, and the meeting house at the Center which had been built by the proprietors was, with the exception of the pews, the property of Canterbury to be used for both secular and religious purposes. Consequently, when it became necessary to build a new meeting house and provide a building for the town's use, meetings of the inhabitants had to be called to take valid action.
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