USA > New Hampshire > Merrimack County > Henniker > History of the town of Henniker, Merrimack County, New Hampshire, from the date of the Canada grant by the province of Massachusetts, in 1735, to 1880 with a genealogical register of the families of Henniker > Part 2
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I7
SCENERY.
" Oh! knew he but his happiness, of men The happiest he ! who, far from public rage, Deep in the vale, with a choice few retired, Drinks the pure pleasures of the rural life. Rich in content, in nature's bounty rich In herbs and fruits : whatever greens the spring When heaven descends in showers; or bends the bough When summer reddens and when autumn beams ; Or in the wintry glebe whatever lies Concealed, and fattens with the richest sap. Here, too, dwells simple truth ; plain innocence ; Unsullied beauty ; sound, unbroken youth, Patient of labor, with a little pleased ; Health ever blooming; unambitious toil ; Calm contemplation, and poetic ease."
CHAPTER I.
FIRST GRANT OF THIS TOWNSHIP BY THE PROVINCE OF MASSACHUSETTS-JOHN WHITMAN-FIRST SETTLERS- SETTLEMENT OF BOUNDARY DISPUTES.
N 1690, the colonies in New England and New York, being aroused at the unprovoked atrocities committed upon some of the inhabitants of the frontier towns during the year previous by Indians and their Canadian allies, de- termined upon a speedy revenge, and united in an effort to invade Canada, and, if possible, to conquer it. With this end in view, two expeditions were sent against that province ;- one, a land expedition, from the New York colonies, was sent against Montreal; the other, a naval expedition, against Quebec. This latter expedition was furnished wholly by the Massachusetts colony, and consisted of thirty-four vessels and two thousand men, under the command of Sir William Phipps, a native of Pemaquid, now Bristol, Maine. Finding the city strongly fortified, and an attack, with the forces at his command, useless, he returned to Boston, and the expe- dition was a total failure.
The soldiers in this expedition were paid for their services in paper money, the first ever seen in New England, which soon became so depreciated in value as to become almost worthless. Nearly forty years afterwards, the soldiers of this expedition, then living, petitioned the General Court of the province of Massachusetts for an additional compensa- tion for their services, in grants of land, which petitions were generally granted. Eight townships in New Hamp-
19
FIRST GRANT OF TOWNSHIP.
shire, from territory claimed by Massachusetts, were grant- ed these different petitioners. One of the companies in the expedition in 1690 was composed of men from Middlesex and Worcester counties, Massachusetts, and was command- ed by Capt. Andrew Gardner. A large number of the men composing Capt. Gardner's company were from Stowe, Marlboro', and Westboro', Mass., and these men, headed by John Whitman, Esq .- at that time one of the most promi- nent men of Stowe, and a grandson of John Whitman, who was in Weymouth, Mass., before 1638-petitioned the Gen- eral Court of Massachusetts, in 1728, for a grant of land six miles square. After various delays, for which the most tri- fling reasons were given, in 1734 the attention of the Gen- eral Court was again directed to the prayer of these peti- tioners, and on January 14, 1735, the petition was referred to its appropriate committee, which committee, on the day following, January 15, 1735, reported, through its chairman, Edmund Quincy, as follows :
January 15, 1735. William Dudley, Esq., submitted a re- port from the Committee on the Petitions for Townships, &c. Ordered a survey of the lands between Merrimac & Connecti- cut Rivers, from the Northeast Corner of Rumford, on the Mer- rimac, to the Great Falls, on the Conn., at least 12 miles in breadth, and a committee of II was chosen to lay out the land into townships of six miles square, no township to be more than six miles square from East to West, to make report as soon as convenient. That John Whitman, Esq., and others that have not been heretofore admitted Grantees or settlers within the space of seven years last past of, or in, any former, or other Grant of a Township or particular Grant on condition of settling, and that shall appear and give security to the value of Forty Pounds to perform the Conditions that shall be en- joyned by this Court, may by the major part of the Committee, be admitted Grantees into one of the said Townships, the Com- mittee to give publick notice of the time and place of their meeting to admit Grantees, which Committee shall be impow- ered to employ surveyors and chain-men to assist them in sur- veying and laying out said townships, the Province to be at the charge and be repaid by the Grantees (who may be admitted) the whole charge they shall advance: which Committee we
20
HISTORY OF HENNIKER.
apprehend are to be directed and impowered to admit sixty set- tlers in each Township and take their bonds payable to the Committee and their successors in the said trust, to the use of the Province, for the performance of the Conditions of the Grant, viz: That each Grantee build a dwelling House of eighteen feet square and seven feet stud, at the least, on their respective Home Lots, and fence in and break up for plough- ing, or clear and stock with english Grass, five acres of Land within three years next after their admittance, and cause their respective Lots to be inhabited, and that the Grantees do with- in the space of three years from the time of their being admit- ted, build and finish a Convenient Meeting House for the pub- lick Worship of God and settle a learned Orthodox Minister- and in case any of the Grantees shall fail, or neglect to per- form what is enjoined as above, the Committee shall be obliged to put the bonds in suit and take possession of the Lots and Rights that shall become forfeit, and proceed to grant them to other Persons that will appear to fulfil the conditions within one year next after the said last mentioned Grant. And if a sufficient number of Petitioners that have had no Grant within seven years as aforesaid, viz : sixty to each Township, do not appear, others may be admitted, provided they have fulfilled the Conditions of their former Grant, the Committee to take care that there be sixty-three House Lots laid out in as regular, compact and defensible manner as the Land will allow of, one of which Lots shall be for the first settled Minister, one for second Minister, and one for the School, to each of which an equal proportion of Land shall accrue in all future divisions. Per Order of the Committee.
Edmund Quincy.
This was concurred in in the council the same day,-J. Belcher, governor. The following order was passed the same day :
Ordered, that Joseph Gerrish, Benjamin Prescott, Josiah Willard, Job Almy, Esqs., Mr. Moses Pierson and Capt. Jo- seph Gold, with such as the honorable Board shall join, be a Committee to all Intents and Purposes, to effect the business projected by the report of the Committee of both Houses to Consider the Petitions for Townships, which passed this Day, viz : on the proposed Line between Merrimac and Connecti- cut Rivers and on both sides of Connecticut River : and that there be granted and allowed, to be paid out of the publick Treasury after the rate of fifteen Shillings per diem to each one
21
JOHN WHITMAN.
of the Committee for every day he is in the Service in the Woods, and subsistence : and ten Shillings per diem for every day to each one of the said Committee while in the Service in admitting Settlers into the said Towns and subsistence.
The proposition to oblige the petitioners or grantees to give a bond for fifty pounds was afterwards stricken out, and the commonwealth assumed all expense under that sum.
This committee caused the necessary survey to be made in accordance with the above order, and made their report at the next session of the Provincial Assembly.
The townships thus surveyed were assigned to the sev- eral parties petitioning, and this township, known then as No. 6 in the line of townships, was assigned to John Whit- man, Esq., and others, of Stowe and Marlborough, as wit- ness the following :
On the petition of John Whitman, Esq., and others, of Stowe and Marlborough &c. praying for Lands, as entered the 2d of December, 1732, and referred, which was read and accept- ed, and the House came into the Grant of a Township of the contents aforesaid, in some suitable place on the Contoo- cook River, on the some Conditions of Settlement with the former. Sent up for Concurrence Dec. 13, 1735.
Upon this order the grant was made as above given. Be- fore completing all the necessary arrangements for the set- tling of this township, the Provincial Assembly adjourned, and it was not until Dec. 4, 1736, that the following order was passed :
December 4, 1736. John Whitman of Stowe, Esq., is hereby allowed and impowered to assemble and convene as soon as may be, the Grantees or Proprietors of N. 6, lying in the Line of Towns between the Rivers Conn. and Merrimac, to choose officers and divide their lands and make return of the same to the Court.
The petitioners met at Concord, Mass., in September, 1737, at which time sixty grantees were admitted. Thus,
22
HISTORY OF HENNIKER.
after a delay of some ten years after the petition of Mr. Whitman and others was received by the Provincial Assem- bly, this tardy act of justice was done. These petitioners were well advanced in years when the grant was made, for nearly half a century had passed away since they were soldiers in the ill-fated expedition in which they were en- gaged. John Whitman was a grandson of John Whitman, of Weymouth, Mass., who was in New England before 1638, and was the ancestor of the Whitman family in Amer- ica, and settled in Stowe, Mass., over two hundred years ago. He was a prominent man of the town, being a justice of the peace, and was empowered by the General Court of Massachusetts to settle all difficulties arising amongst the settlers about him, particularly those relating to land titles. He died in Stowe shortly after receiving this grant, and was the immediate ancestor of the Whitman family, which has existed in this town for nearly a century.
The grant being located and confirmed, the proprietors had then the sole management. As has been seen, John Whit- man was empowered "to assemble and convene as soon as may be" the grantees of this township, to choose all neces- sary officers, divide their lands, and make return of the same to the General Court ; all of which they did, but there is no record of their doings in detail at their several meet- ings. There is no positive record of any settlement having been made within this township under the grantees' direc- tion : that there were a few settlers within the township is equally as certain, but where they resided is known only by tradition. Mr. Crane, tradition says, with quite a large family, lived near the north shore of the pond on the south side of the hill named for him ; that he made quite a clear- ing, but was obliged to abandon his new-made home in con- sequence of the Indians. One or more settlers had made a clearing in the south-east part of the town, and one or more in the south-west part, near the few settlers in Hillsborough. Mr. Whitman, with a few of his grantees, came and exam-
23
SETTLEMENT OF BOUNDARY DISPUTES.
ined the township preparatory to settling here, but none of them ever came to settle, and for reasons following :
Ever since the colonists of New Hampshire united in 1641 with Massachusetts, for their better protection, the southern boundary line of this state had been in dispute. Massachusetts claimed " all the lands lying south and west of a line beginning at a point three miles north of the mouth of the Merrimac, thence running west and north at the same distance of three miles from the river, to a point three miles beyond the parallel of the junction of the Winnipiseo- gee and Pemigewasset, thence due west to the Connecticut, a claim which covered the greater part of what are now the counties of Hillsborough, Merrimac, Sullivan, and Chesh- ire." Being anxious to secure the property of these lands, Massachusetts was influenced largely to make the hurried grants she did between the years 1730 and 1737. The line of townships, including this one, was the most northern tier then granted. Gov. Belcher said, in his message, May 28, 1736,-
When the committee appointed to survey the Lands for the projected Line of Towns shall present the several plats they have taken, and their reports in that Affair, I hope this Court will give all proper encouragement for a speedy Settlement of these Lands, which will fix such a Barrier for that part of our Frontiers as shall be of great safety to the Province upon any Rupture that may happen with our neighbors.
The dissensions between the colonies became very bitter, New Hampshire endeavoring to resist in all honorable ways the settlement of the townships granted by Massachusetts, until 1737, when, through the personal efforts of John Tom- linson, Esq., a warm friend of the New Hampshire colony, a board of commissioners was appointed by a royal order to settle the contested lines. This board met at Hampton in August, 1737, and the assemblies immediately convened within five miles of them: that of New Hampshire at Hampton Falls, and that of Massachusetts at Salisbury,
24
HISTORY OF HENNIKER.
Mass. New Hampshire claimed for her southern boundary " a line drawn due west from a point three miles north of the mouth of the Merrimac," and for her eastern, "a line passing up the Piscataqua to the source of the Salmon Falls river, and thence north one or two degrees west." After a protracted hearing, the line remained unsettled. Finally, it being seen that this controversy could only be brought to a close by a royal decision, agents were appointed by both provinces to submit their respective claims to the king. The claim and the "petition of appeal" upon the part of New Hampshire were drawn up and presented by Parris, in which he artfully represented "the poor, little, loyal, dis- tressed Province of New Hampshire" as being in danger of being devoured by "the vast, opulent, overgrown Province of Massachusetts."
In 1740 the king rendered his decision, which was far more favorable to New Hampshire than she had dared an- ticipate, and established the eastern and southern lines as they now run ; and by it New Hampshire gained a territory of fifty miles in length and fourteen in breadth more than she had ever claimed.
The boundary line was run in 1741 by Richard Hazen, and of course this township came within the New Hamp- shire line. If any attempt had been made by Mr. Whitman and his associates to settle in this township, this action had the effect to discourage all such attempts. The French and Indian War of 1744 followed so closely the settlement of the contested line, that but few settlers ventured into this section of the country, which was then mostly a wilderness.
But now that the boundary question had been settled, new difficulties arose under the question of titles. The old Masonian grant was again revived. This was the original claim of Capt. John Mason, who had granted to him, by the Council of which he was a member during the reign of King James, a large section of land lying largely in New Hampshire.
25
SETTLEMENT OF BOUNDARY DISPUTES.
In 1629 Capt. Mason secured a second patent or title for the land covered by his first patent, and including nearly all the land which was afterwards in dispute between the prov- inces of New Hampshire and Massachusetts. This patent was neglected for many years after the death of Capt. Ma- son. Then many attempts were made by his heirs to revive the patent and vindicate their claims. The contest extend- ed through a long series of years, and was finally brought to an end by John Tufton Mason, a native of Boston, and a great-grandson of Capt. John Mason, who successfully pros- ecuted his claim ; and having firmly established his right and title, he in 1746 sold his interest in it to twelve men, resi- dents of Portsmouth and vicinity, who were known and are referred to in this work as the "Masonian proprietors." The purchase was divided into fifteen shares. The owners were,-Theodore Atkinson, three fifteenths ; Mark Hunk- ing Wentworth, two fifteenths ; Richard Wibird, John Wentworth, John Moffat, Samuel Moore, Jotham Odiorne, George Jaffrey, Joshua Pierce, Nathaniel Meserve, all of Portsmouth ; Thomas Wallingford, of Somersworth ; and Thomas Parker, of Greenland ;- to the last ten, one fifteenth each.
Previous to this sale, John Tomlinson, Esq., had negoti- ated for the purchase of these lands in behalf of the prov- ince of New Hampshire, but the Assembly unwisely de- layed to ratify the contract. Mason informed them that if they delayed much longer he should sell his claim to others who stood ready to purchase, and while the Assembly were disputing as to the terms of the purchase, the gentlemen above alluded to took the bargain from out their hands. In some towns, where settlements had been made, either under patents from New Hampshire or Massachusetts, quit-claim deeds were given by these gentlemen, and the settlers re- mained in peaceful possession. By this time the original pro- prietors of this township were many of them dead, and oth- ers fast becoming old men; and no attempt was made, so far
3
26
HISTORY OF HENNIKER.
as can be ascertained, to have their right to this township confirmed, and it passed into other proprietors' hands with- out any interposition. The population of New Hampshire at this time was about 30,000, it having doubled its popula- tion within the last eighteen years prior to 1748, which in- crease had been greatly stimulated in consequence of the liberality in granting townships of land by both the prov- ince of New Hampshire and that of Massachusetts. The tide of emigration from the latter state, and from the south- ern part of this, began to turn towards the frontier line of towns, some of which contained a few settlers, and others none, some not yet having been granted.
CHAPTER II.
GRANT TO THE DESCENDANTS OF THE FIRST GRANTEES OF THIS TOWNSHIP.
M ASSACHUSETTS granted thirty-seven townships in the disputed territory of this state, most of them for military services in the French and Indian wars. By the settlement of the southern boundary line, twenty-eight of these townships were transferred to the jurisdiction of New Hampshire, and within the claim of the Masonian pro- prietors. Eight townships were granted by Massachusetts for services in the expedition against Quebec in 1690 under Sir William Phipps. Some of these were Bow, Rowley Canada (Rindge), Salem Canada (Lyndeborough), Ipswich Canada (New Ipswich), Todds-town (Henniker), Beverly Canada (Dunbarton), Bakerstown (Salisbury).
After the adjustment of the boundaries between New Hampshire and Massachusetts, some of the grantees, whose titles to townships had been vitiated by the cession of lands in this state back to the state, petitioned the General Court of Massachusetts for townships within its own jurisdiction. Among those who made application were the heirs and as- signs of the first grantees of this township. Under date of February 26, 1774, they petitioned the General Court of Massachusetts as follows :
Province of the Massachusetts Bay. To his Excellency, Thomas Hutchinson, Captain General and Commander in Chief in and over this Province, To the Hon- orable His Majesty's Council and to the Honorable House
28
HISTORY OF HENNIKER.
of Representatives in General Court aforesaid Assembled, Feb. 26th, 1774 :
The petitions of the subscribers in behalf of ourselves and others, grantees of the township No. 6, in the line of towns, humbly showeth that the great and general Court of this Prov- ince at their session 1735, granted a township of the contents of six miles square, being No. 6, in the lines of towns between the Connecticut and Merrimack Rivers ; that the grantees were at considerable expense in clearing its roads, building mills &c. in said township ; that by the late running of the line between this government and the government of New Hampshire, the said township was taken into the government of New Hamp- shire, and your petitioners and their associates have lost their interest therein, together with the money expended for bringing forward the settlement of said township. Your petitioners humbly request that your Excellency and honors, would in your known wisdom and practice, grant petitioners and other grantees and proprietors of No. 6, in lieu thereof, a township in some of the unappropriated lands in the eastward part of the Province, or otherwise relieve your petitioners as your ex- cellency and your honors in your wisdom shall think proper, and your petitioners as in duty bound shall ever pray.
John Gardner, Stephen Maynard,
Seth Rice.
To this petition the following answer was given :
Feby 26th 1774.
On the petition of John Gardner and others, in behalf of themselves and the proprietors of a township of the contents of six miles square, granted to John Whitman and others, called No. 6, in the line of towns between the Connecticut and Mer- rimack rivers, Whereas, It appears that the proprietors of said township expended much money and labor in making roads and other ways bringing forward the settlement of said town- ship, and that the whole of said township fell within the limits of said government of New Hampshire, for which the Grantees have received no Consideration from the State of New Hamp- shire, Therefore, resolved : That in lieu thereof there be grant- ed to the proprietors and legal representatives or assigns of the original grantees, who were sufferers by losing their lands, a township seven miles square in the unappropriated lands be- longing to this Province, Provided : that the grantees settle thirty families in said township within six years, and lay out one sixty-fourth part for the use of the first settled Minister, and
29
EARLY GRANTS AND GRANTEES.
one sixty-fourth part for the Grammar School, and one sixty- fourth part for Harvard College ; Provided also, that said town- ship be laid out adjoining to some former grant in that part of the unappropriated lands lying east of the Saco river, and Col. Whitcomb and Col. Gardner of Cambridge, with such as the honorable board, the Council, may join, be a committee to de- termine who are to be admitted as proprietors of said town- ship ; and if any of the grantees of said township No. 6 shall appear to have been compensated, that said committee shall admit other sufferers in their stead, the expenses of said Com- mittee to be paid by said grantees ; Provided, also, that said proprietors return a plan taken by a surveyor and chainman, under oath, into the Secretary of State's office within one year for confirmation. In Council read and concurred in, and Arte- mas Ward is joined.
In the month of May following, a plan was forwarded with this statement :
A plan of the township of the contents of seven miles square granted by the General Assembly of the State of Massachusetts Bay to the Rev. John Gardner, in lieu of a township granted to John Whitman and others that fell within the limits of New Hampshire on running the lines between the state aforesaid and the state of New Hampshire, with an allowance of one rod in thirty for swag of chain, with an allowance of 2,500 acres for ponds ; said plan was taken by a surveyor and two chain- men, on oath, and returned into the Secretary's office in May, 1774.
This township is now known as Waterford in Maine.
From the above it appears that efforts were made by the first grantees to settle the town. The roads referred to were "paths" through the forest, leading from one township to the other. It is morally certain that such a "path" was cleared, leading from one side of the township to the other, and that the first road laid out under the Masonian grant followed substantially this path from Hopkinton to Hills- borough, upon the south side of the river. It is also certain that attempts were made to erect a saw-mill, taking the wa- ter from what is now known as Long pond, before the foun- dation of one was laid by the Masonian grantees, of which
30
HISTORY OF HENNIKER.
mention will be made hereafter; but there is no evidence that a saw-mill was put in operation, or that many families settled here, under the grantees of 1735, though their foot- prints to secure a foothold here under that grant were plain- ly visible when the township was re-granted by the Maso- nian proprietors.
CHAPTER III.
THE MASONIAN GRANT CHARTER AND ACTION OF PRO- PRIETORS-DIARY OF MR. PATTEN-NAME GIVEN TO THE TOWN NOV. 29, 1748.
Nov1 29, 1748.
A T a meeting at Joseph Scobeys of Several of the Inhabi- tance of Londonderry and Capt todd was chosen Mod- erator, Capt Sam" Barr was Chosen treasurer and Robert Cochran was Chosen Clerk.
Votid that Capt Todd & Capt Barr Shall Go to Portsmouth and Do their Best to Procure a township.
21y Votid that Leut John Humphra John Duncan and Joseph Willson be a Commitee to Call the treasurer to an account which way he expended the money Collected by him.
Then the treasurer Recd the following Sums from the Men hereafter named.
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