USA > New Hampshire > Cheshire County > Keene > History of the town of Keene, from 1732, when the township was granted by Massachusetts, to 1874, when it became a city > Part 2
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Upon that description the Massachusetts grantees claimed that the line beginning three miles north of the mouth of the river was intended to run along that side of the river, at the same distance from it, to the source of the main stream; which gave them a strip three miles wide on the east side, as well as on the north side of the river.
In 1652 the general court of Massachusetts appointed a commission to survey the boundary line between the
14
HISTORY OF KEENE.
two provinces. That commission, consisting of Capt. Simon Willard of Concord and Capt. Edward Johnson, with guides and assistants, accompanied by a committee of the general court and escorted by a squad of soldiers, surveyed as far north as the "Weares," near the outlet of Lake Winipisiogee. They there marked, 1 at the head of a small island in the channel, what they claimed to be the northeast corner of Massachusetts, by chiseling on the face of the rocks-still to be seen-the initials of the names of the commissioners and the full name of "John Endicott Gov." A line running "due west" from that point strikes the Connecticut river near the south line of Lebanon.
The New Hampshire grantees, following the language of their grant, claimed that the "Southern Boundary of Said Province should begin at the end three miles North from the Middle of the Channel of Merrimack River where it turns into the Atlantic Ocean, and from thence should run on a Straight Line West up into the Main Land until it meets with His Majesty's other governments." That line, starting at a point on the shore three miles north of the mouth of the Merrimac, "would cross that river a little south of Reed's Ferry, pass north of Mount Monad- nock, south of Keene, and strike the Connecticut river in the northern part of Chesterfield." 2
Under her claim Massachusetts granted many town- ships in the disputed territory: Dunstable in 1673, includ- ing what are now Nashua, Hollis, Brookline, Pelham, Hudson, and parts of other towns; Penacook (after- wards called Rumford, now Concord) in 1725; Suncook (Pembroke) in 1726; Souhegan West (Amherst) in 1728; and several others before the boundary was finally estab- lished in 1741.
In 1693 Lieutenant Governor Usher of New Hampshire and his council appointed commissioners and surveyors to run the boundary line between the two provinces and in- vited Massachusetts to join in the survey, but she declined the invitation. From that time on for more than forty
1 Dr. Philip Carrigan, author of the first general map of New Hampshire. 2 Report of commission on boundary line, 1895.
SALMA HALE, AUTHOR OF "ANNALS OF KEENE."
15
THE MASSACHUSETTS GRANT.
years disputes between the two provinces concerning the boundary line continued, and at times were sharp and bitter.
On the 1st day of June, 1732, in his speech to the legislature of the province of Massachusetts, Governor Belcher said, "I think it would be wise in this assembly to take a proper care for settling the ungranted lands," etc., and on the 20th of that month the house of repre- sentatives "Voted that there be seven Towns opened of the contents of six miles square, including two on the Ashuelot 1 River above Northfield;" and the vote went on to describe in the usual way how it should be done. This vote, however, was not concurred in by the council, but on the 1st day of July following, upon the report of a committee of conference, their vote of non-concurrence was reconsidered, and a vote of concurrence passed on the 3d, with amendments which were agreed to by the house. But the act was not recorded until after the meeting of the council in April, 1733.
Under date of the 20th of that month we find the fol- lowing record, the legislature being then in session : 2
Present in Council
"Friday His Excellency, Jonathan Belcher Esq."Gov.'
April 20, 1733 The Honble. Spencer Phips Esq" Lieut Gov.'
"Thomas Palmer Willm Clark Ebenezer Burrill
Will™ Pepperil John Alford Ezekiel Lewis
Willm Dudley Esq™ Jos' Wadsworth Esq" Isaac Lothrop
Jonª Remington *
Thomas Cushing Francis Foxcroft." * *
"The Secretary sent down the following Message from His Excellency to the House of Representves viz. Gentle- men of the House of Representves- When I was last at N. H. the assembly there pass'd an Order for the stopping at present of any Process in the Law against the Bor- derers on the Lines disputed betwixt this province and
1 "The name was originally written Nashue lot. The Indian word nashue signifies in the midst, and was applied by them to a point or angular piece of land lying between two branches of a stream or other water; ut means at. The application of the term here is plain. The natives called the triangular peninsular formed by the bend of the Connecticut and touched on the east by the smaller stream, nashue ut; and the settlers, without inquiring into the specific meaning of the word, made it the name of the smaller stream. By omitting the initial n and with the introduction of / before the termination, it makes a most musical appellation. The regret is that our fathers did not re- tain more of those apt and significant Indian names."-Temple and Sheldon. "Jonathan Belcher was at that time governor of both Massachusetts and New Hampshire, and each province had a lieutenant governor, Spencer Phipps in Massachusetts and John Wentworth in New Hampshire.
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HISTORY OF KEENE.
that which I have communicated to His Majesty's Council here, and I now send it you by Mr. Secretary and earn- estly recommend your coming into an Order of the like nature that the people of both Governments may have the happiness of living with each other as becomes good Neighbors and good Christians."
Then follows the record of the act as amended and concurred in, passed July 3, 1732, "Consented to" April 20, 1733.
The following is from the Massachusetts archives :
"Vote pass'd both House in July last, viz: In answer to that part of His Excellency's Speech which relates to the ungranted Lands of the Province- Upon Consideration yt Power is given the General assembly to Grant Lands especially for the Planting or Settling of the province and that by the Great Increase of His Majesty's good Subjects, many that are inclined to Industry have not been able to obtain Lands for the Employment of themselves and Families, and great numbers have removed to Neighboring Colonies for their accommodation, - Voted that there be four Towns opened of the contents of six miles square Each, viz. - One at Paquoiag (Athol) on Miller's River, Two on Ashuelot River above Northfield, the other in the Eastern Country at the Head of Berwick, all to be sur- veyed in October or November next at furthest by the Direction of Comm:tees to be appointed by the General Court and their several Surveys to be Reported at the Fall Session and the Charge of the Comm:tee and Survey to be paid out of the public Treasury, yt Comm:tees be ap- pointed to admit Settlers and to lay out the House Lots so that ye Settlement may be made in a Defensible man- ner and to direct in the drawing thereof, but not to lay out any other Division without further Direction from this Court, Each Home Lot to consist of so many acres as the Court shall Order after Report is made of Quality and other Circumstances of the Land, the Comm:tees to be paid as the Court shall Order, that there be sixty three House Lots laid out in Each Township, One for the first Settled Minister, One for the Ministry, one for the School and one for Each of the Sixty Settlers who shall Settle thereon in his own person or by one of his Children. The rest of the Land to be allotted or Divided equally into Sixty three Parts; That one year be allowed from the Survey for the admission of Settlers, and that the Comm:tee be directed to Demand and receive from Each Settler at his admission Five pounds part of which shall be employed for reimburs- ing the Province the Money to be advanced for paying the
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THE MASSACHUSETTS GRANT.
Committee and the Charge of the Survey, the remaining part to be employed for building houses for public Wor- ship or otherwise as the General Court shall Order; That Each Settler actually live on his Land within three years from his admission, build an House on his Land of eighteen feet square and Seven feet Stud at the least, and within the same Time do sufficiently fence in and till or fit for mow- ing Eight acres of Land. Each Settler to have his Land on Condition that he perform the foregoing injunction, and in Case any Settler fail of performance in the whole or in part, his Right to be forfeited & such Land shall revert to the province & the Comm:tee to be appointed to admit Settlers are directed at the Time of admission to take a Bond of Twenty pounds of each Settler to be paid to them or their Successors for the Use & Benefit of the Settlers in Case he fail of performing the several Con- ditions and Injunctions before mentioned, & that the Settlers in each Town to be obliged to build a suitable meetinghouse and to settle a learned orthodox minister in such Town within the space of five years from the admis- sion of the Settlers. Consented to J. Belcher."
On the same day the house "Voted that Major Chan- dler, Mr. Choate and Mr. Samuel Chandler with such as the Honb:le Board shall appoint be a Comm:tee to Survey & lay out by a Surveyor & Chain men on Oath the three new Towns in the Western Frontier agreable to the Vote of the third of July last, viz. One at Paquoiag & two at Ashuelot River and return Plans thereof to this Court in the next May Session.
"In Council; Read and Concurred & the Hon:ble Spen- cer Phipps Esq. & William Dudley Esq. are joined in the affair. Consented to J. Belcher."
On the 19th of October of the same year the following preamble and vote were passed:
"IN the House of Represent.ves WHEREAS this Court at their Sitting in April last past did appoint a Committee to survey & lay out three Townships in the Western Frontiers, agreably to the Vote of the third of July pre- ceding, one at Paquoiag & two at Ashuelot River, and return Plats to this Court at the then next May Session, which service has not yet been performed & the greater Part of the Committee being Members of the General Assembly-wherein their attendance is necessary, and the House being certified that there are great numbers of Per- sons desirous to settle themselves in said Townships in the next Spring of the year, which cannot be unless there be a speedy Survey thereof:
.
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HISTORY OF KEENE.
"Therefore Voted that Joseph Kellog and Timothy Dwight Esq.' and Capt. William Chandler (or any two of them) be a Committee for that Purpose, and that they be directed forthwith to repair to those Lands, and with Chainmen on Oath to lay out a Township at Paquoiag and two Townships at Ashuelot agreable to the said Vote of the third of July 1732, unless they find that by reason of the laying out of the Township granted to Coll.º Willard 1 and others the Land remaining at Ashuelot River will not well serve for two Townships, that then they lay out only one Township on Ashuelot, and that they return Plats thereof to this Court at the present Sitting.
"In Council Read & Concurred- Consented to J. Belcher." (Massachusetts Archives.)
On the 6th of November following:
"IN the House of Represent. ves Ordered that Mr. Israel Williams 2 and Mr. Samuel Chandler with such as the Hono'ble Board shall appoint be a Comm:tee to admit such person as they shall think proper to bring forward the Settlement of the new Towns lately granted at Ashue- lot and Paquoiag, who shall be subjected to the Condi- tions made in the said grant pass'd this Court in the May Session 1732, that the Committee make Report of their doings as soon as may be .-
"In Council Read & Concurred & Eben." Burrill Esq'," is joined in ye affair .-
Consented to, J. Belcher."
On the 21st of February, 1734, a return was made by the committee of "A Plat of two Townships, each of the contents of six miles square & laid out by William Chand- ler and Nath'l Dwight3 by Order of this Court situated on each side of Ashuelot River above the Tract of Land lately granted to Coll Josiah Willard-and others; be- ginning at a Spruce or White Pine Tree standing about midway between the South and East Branches of said Ashuelot River, about five perch East of the Bank of the Main River marked West thus and East with three
chops with an ax, and from thence running each way as described in the Plat. (See note, page 23.)
1 Barlington, afterwards called Arlington, (Winchester) had been granted to Col. Josiah Willard and others, April 6, 1788.
2 Israel Williams was of Hatfield, -son of Rev. William Williams-graduated at Harvard 1729-afterwards judge of provincial court.
8 Nathaniel Dwight was the surveyor who laid out the land and made the plat. Timothy Dwight was one of the committee, but evidently did not come to Upper Ashuclot at that time.
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THE MASSACHUSETTS GRANT.
"In the House of Represent.ves Read and Ordered that the Plat be and hereby is accepted; and the Lands in the said two Townships are declared to ly in and be accounted as Part of the County of Hampshire hence-forward.
"In Council; Read and Concurred ;- Consented to; J. Belcher."
(Massachusetts Archives.)
On March 1, 1734: "In the House of Represent. ves Oredered that Coll. Chandler Coll. Church & Major Daniel Esq.rs, & M." John Hobson with such as the Hon. ble Board shall join be added to the Committee appointed in Novem.er last to admit such Persons as the Committee may think proper to bring forward the Settlem.t of the new Towns at Ashuelot & Paquoiag, any three of them to be im- powered to lay out either of the said Towns into Home or House lots, and to be laid in as compact & defensible a manner as may be, & that upon the admitting of Settlers the Committee or the Major Part of them meet at a suitable Place for that end, giving publick notice of the time & place of meeting :-
"In Council; Read & Concurred, and William Dudley and William Clark Esq." are joined in the affair .-
Consented to J. Belcher." (Massachusetts Archives.) On Monday, June 17, 1734:
"The Report of the Com.tee for laying out the house Lotts in the two Towns on Ashuelot River, June, 1734. "Pursuant to the order of the Great and General Court we Repaired to Ashuelot where we found in each of the said Towns Respectively That a very large Body of the Land lyes in one entire parcel being Interval Land and other lowlands altogether unsuitable for House Lotts and from the best view and observation that we Respectively were able to make of the value & quality of the Land there, we apprehend it impracticable to lay it out in a defensible manner and to lay out between twenty & forty acres to each house Lot according to the order of the Court and there being (in our humble opinion) no other way in which the House Lotts could be laid out but would Render (at least) many of them far less accommoda- ble to the Intervals and also very Scattering & Remote.
"We Concluded that to lay out Small House lotts lying contiguous and also convenient for the Interval Lands would be more agreable to the Intention of this Hon.ble Court than either for us to Desist and Return without doing anything or to lay out large Lotts which must have been Extremely Scattering and indefensible and therefore proceeded as follows viz.
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HISTORY OF KEENE.
"To lay out in the uppermost of the said Ashuelot Townships fifty four Lotts in the most Convenient place for Building on and adjoining to each other each Lott Containing eight acres and that place not accommodating more lotts there, we were obliged to lay out the other nine Lotts about three quarters of a mile Distant from the Fifty four Lotts aforesaid. We also laid out a Street thro' each Division of Land aforesaid four Rods wide .-
(Signed) "Sam' Chandler Ebenezer Burrill
John Hobson Edwd Goddard Charles Church
"In the House of Represent." Read and Ordered that this Report be accepted.
"In Council Read and Concurred .-
Consented to J. Belcher."
" Tuesday (Massachusetts Archives.)
June 18, 1734
"A Plat of the House lotts in the Upper Township on Ashuelot River.
"In the House of Represent. vs Read and Oredered That the House lotts in the Upper Township at Ashuelot as within Delineated and protracted be accepted -
"In Council Read and Concurred .- Consented to J. Belcher." (Massachusetts Archives.)
"In the House of Represent.vs June 19, 1734.
"Whereas the Committee that have Layd out the Home Lotts in the two Towns Westward on Ashuelot River and paquoiag have notified all persons that are desirous to take up Lotts on the Terms & Conditions this Court has directed to meet at Concord on Wednesday the Twenty Sixth Instant and it being necessary after such Lotts are drawn that the Grantees be assembled and come in- to proper methods for the Settlement of their said Lotts &c. "Voted that after the Sixty persons for each Township shall have Drawn Lotts and given Bonds and paid their five pounds according to the order of this Court July 1732 that they forthwith assemble at Concord and then and there Choose a moderator a Proprietor's Clerk and agree upon Rules and methods for the fulfillment of their Respective Grants, and for making any further Division and for calling other meetings for the future and any other matters or things for the Speedy Settlement of the said Township.
"Sent up for Concurrence. J. Quincy Speaker. "In Council June 19th 1734 Read and Concurred J. Willard Secry Consented to J. Belcher." (Massachusetts Archives.)
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THE MASSACHUSETTS GRANT.
"On the 26th day of June 1734 the General Court Committee met at the house of Mr. Jonathan Ball, Inn- holder, in Concord, in order to admit proprietors into the upper Township on Ashuelot River. The names of sd Com.tee are as followeth (viz) :
" William Dudley Esq. Col Charles Church
Ebenezer Burrill Esq. M.r Samuel Chandler
Daniel Epps Esq.
M." John Hobson
Edward Goddard Esq.
M." Israel Williams
John Chandler Esq.
"On the day abovesaid the said Hon. ble Committee Received as proprietors of the upper Township on Ashuelot River the persons hereafter Named. The Grantees Received their Lots by Draught Numbered as Affixed hereafter to their Names Respectively, Each Grantee paid five pounds money to the said Com.tee upon admittance Except the Minister, Ministry and School Lots.
"1. Capt. Samuel Sadey. 33. David Chandler.
2. Jeremiah Hall.
34. Benjamin Whitney.
3. Samuel Heywood. 35. Joseph Allen.
4. John Witt. 36. Nicholas Sprake jr.
5. Joseph Wright.
37. Abraham Master.
6. Samuel Flood.
38. Nathan Fairbanks.
8. Jonathan Morton.
40. John Corbitt.
9. Thomas Weeks.
41. John Guild.
10. Isaac Power. 42. Joseph Ellis.
11. William Hoaton.
12. Eleazur Allen.
13 Ministers Lot.
45. Robert Grey.
14 Daniel Haws.
46. Thomas Abbott.
15 John Hawks.
47. Josiah Fisher.
16. Philemon Chandler. 48. Jabez Ward.
17. Robert Moor.
49. Isaac Tomberlin.
50. Jonas Wilson.
51. Ebenezer Witt.
52. Amos Foster.
53. David Harwood.
54. Edward Twist.
23. Bartholomew Jones.
55. John Burge.
56. Ebenezer Mason.
57. Daniel Hoar.
58. Elisha Root.
59. Mark Ferry.
60. Josiah Fisher.
61. Elias Witt.
62. Samuel Witt.
63. Stephen Blake."
(Massachusetts Archives.)
18. Irael How.
19. William Witt.
20. Jonathan Whitney.
21. Joseph Hill.
22. William Puffer.
24. Joseph Priest.
25. Jonas Kees.
26. William Smeed.
27. Joseph Hill.
28. School Lot.
29. Ministry Lot.
30. Edward Hall.
31. David Moss.
32. Isaac Heaton.
43. John Nims.
44. Jonathan Southwick.
7. Solomon Kees.
39. Nathaniel Rockwood.
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HISTORY OF KEENE.
No charter was granted by Massachusetts. The title rested in the acts of the legislature and the compliance with those acts by the payment of five pounds by each grantee, for himself and his heirs, and the fulfillment of all the conditions of the grant. Under that title these sixty- three grantees owned all the land in the township. The house-lots were laid out by the committee of the legisla- ture, to be drawn by lot, and these proprietors and their successors divided the remainder of the land among them- selves from time to time, as will be seen by their records.
"At a full meeting of the proprietors of the upper Township on Ashuelot River held at the Dwelling house of Mr Ephraim Jones in Concord (Innholder) on the 27. day of June 1734 the several votes were passed :
"Primus \ Capt. Samuel Sady of Medfield was chosen Moderator of said meeting.
"Voted that Samuel Heywood of Concord be proprie- tors Clerk, was immediately sworn to the faithful discharge of that trust before the Worshipfull Justice Goddard.
"Voted that Capt. Samuel Sadey of Medfield, Mr Daniel Hoar of Concord, Dr. Israel How of Andover, Lieut. Benjamin Whitney of Marlboro, M' Elisha Root of Deer- field be a Committee to call a meeting of the said pro- prietors from time to time as need shall require.
"Voted that twenty days warning by posting up in some publick place within the Respective Towns where the proprietors Dwell shall be sufficient warning to call meetings.
"Voted that this meeting be adjourned until the Eighteenth day of September next, to be held at the upper Township on Ashuelot River."
(Massachusetts Archives.)
In the following September, six of the proprietors, Capt. Samuel Sady,1 Jeremiah Hall, Elisha Root, Nathaniel Rockwood, Josiah Fisher and William Puffer, with Daniel Hoar, Jr., representing his father, and Seth Heaton repre- senting Isaac Heaton, came to the township to hold the meeting adjourned from Concord on the 27th of June to be held here on the 18th of September; and to open up the township for settlement. They must have come by the
1 The Annals of Keene do not mention the name of Capt. Sady as one of this party, but the records state that he was the moderator of the meetings here, both on the 18th and 19th. When the next meeting was held on the township, the following year, the records state that "Capt. Sady not being present Jeremiah Hall was chosen moderator," and if that had been the case at these first meetings no doubt the records would have so stated.
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THE MASSACHUSETTS GRANT.
only practicable route at that time-following an old Indian trail, which, for a part of the distance, had become the "Bay Path" from Boston to Agawam (Springfield) - through Concord, Worcester, Brookfield, Belchertown, Hadley, Hatfield, Deerfield and Northfield.
"None of them having previously visited it, [the town- ship] they were accompanied by Deacon Alexander, of Northfield, as a pilot. They did not arrive at the line of the township until late in the evening of the 18th, the day to which the meeting was adjourned; and as soon as their pilot informed them that they had passed it, they opened the meeting,1 and adjourned to the next day."
(Annals, page 7.)
The records state that: "At a General meeting of the propriators of the upper Township on Ashuelot River on the Eighteenth day of September 1734, held on said Town- ship by adjournment from the 27. day of June Last past, Capt Samuel Sadey being Moderator of sd meeting.
"Voted that this meeting be adjourned untill tomor- row at ten of the clock in the forenoon to be on sd Township."
"At a General meeting of the propriators of the upper Township on Ashuelot River on the Nineteenth day of September, 1734, on said Township, Held by adjournment from the Eighteenth day of September Currant, Capt Samuel Sadey being moderator of said meeting.
"Voted that Daniel Hoar jun" be allowed to vote in the Room of his father Daniel Hoar.
"Voted that Seth Heaton be allowed to vote in the Room of Isaac Heaton.
"Propounded Whether mesueres Josiah Fisher of Ded- ham, Samuel Witt of Marlborough, and John Hawks of Deerfield shall be a committee to Survey the Whole of the Entervail in said Township and to allott out the one half thereof, in order to be Drawn by the propriators, Said Lots to be Layd out as conveniant as they can be to fence in in two General Inclosiers, to acomedate the house Lots Layd out by the General Court Committee (viz) That the 54 house Lots have their Lots Layd out as conveniant as they can to acomidate them, and that the 9 house Lots
1 That was on the "Thompson farm," on the meadow south of Main street and it has since been known as "Statia"-the first station of the proprie- tors, and of the preceding party of surveyors, of whom, doubtless, Deacon Alexander was one. They made their camp on the east bank of the river, very near the town line, and the blackened roots of the pine stump where tradition says they built their camp fire were still to be seen as recently as 1880. But the "spruce tree" which the surveyors had taken for their starting point, and on which they made their curious hieroglyphic, stood in the line of the town- ship five rods east of the river.
.
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HISTORY OF KEENE.
Layd out at a distance from the other house Lots, have their Lots Layd out as conveniant as they can to acome- date them and that they have Liberty to Imploy a Sur- veyor and Decon Elexander of Northfield to assist them therein, this was voted in the affirmetive.
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