USA > New Hampshire > Cheshire County > Marlborough > History of the town of Marlborough, Cheshire County, New Hampshire > Part 4
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SETTLEMENTS, ETC.
During this period Joseph Collins had built a saw and grist-mill in the north part of the township on the Richardson brook near the bridge east of the place where Stillman Richardson now resides. This was the first grist- mill erected in town. Not far from this time, Abijah Tucker built a saw and grist-mill on the site of the mill now owned by the Monadnock Blanket Company. The erection of these two mills did much towards advancing the settlement of the town. Previous to this there was no grist-mill within six miles, and the early settlers must have hailed with joy the erection of one in their midst; for carrying grain on their backs that distance through the woods over a rocky, rough, and uneven country with only marked trees to guide their steps, could have been no easy task.
1769. Ebenezer Dexter who up to this time had held the office of Proprietors' clerk, died; and by virtue of a warrant issued by Thomas Frink of Keene, a justice of the peace, the Proprietors assembled on the 3d of January, 1770, at the house of Benjamin Tucker, for the purpose of choos- ing new officers and transacting other important business relating to the township.
At this meeting Benjamin Tucker acted a conspicuous part : he was not only moderator and clerk, but was also chosen treasurer, chairman of the board of assessors, and chairman of several committees. It was at this meeting that the Proprietors voted to build the meeting-house ; the measures adopted for this purpose will be noticed in a subse- quent chapter. It was also voted "that every man shall vote in their meetings according to their interest in sd township." "Voted that the oners of one sixteenth part of the Lands in said township, - Requesting ye Clark to call a meeting, he Shall be obliged to do it, by Posting a notifica- tion in sd town Ship, and in Marlborough, (Mass.) at some Publick Place near the senter of Sd Town."
There was also considerable legislation relating to high- ways in this and subsequent years ; committees were chosen
7
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HISTORY OF MARLBOROUGH.
to lay out and clear roads, and accounts were brought in „at every meeting for "Worck done in ye Roads." The average price paid per day was three shillings.
1771. There were four Proprietors' meetings this year. Benjamin Tucker was dismissed from the office of clerk, and Stephen Church was chosen in his room. The legisla- tion related mainly to the difficulty which the Proprietors had in settling with Capt. Jesse Rice, a former treasurer, and the executrix of Stephen How deceased, and also Daniel Harrington, -two former collectors.
Committees were chosen for the purpose of settling with the refractory persons ; but, meeting with no success, they were dismissed, and others were chosen in their stead, who met with no better success than those who had preceded them. At length the Proprietors, weary of the delay which had been made in settling, determined to bring the matter to a crisis : they discharged the old committee, and chose Col. John Weeks, Breed Batchellor,* and Silas Gates, "to Reckon & settle with the above mentioned Treasurer, & Col- lectors, and voted that the above committee be impowered to Discharge the said Rice, the former Treasurer, the executrix of Stephen How's istate, and Daniel Harrington, former Collectors, if settled with, or either of them that will Comply to settle." Voted, that the " Committee be,
* Major Breed Batchelder was one of the earliest settlers of Packersfield (Nelson). He was a very wealthy man and a large landholder. He settled on the farm now occupied by Gilman Nims in Roxbury. He owned a considerable quantity of land in the north part of Marlborough, which gave him the right to vote in the meetings of the Proprietors.
When the Revolutionary war broke out, Batchelder became a Tory. His neighbors were so exasperated at his conduct that, in the summer of 1777, he was obliged to leave his family and reside some three months in a cave about eighty rods from his house, not daring to be seen by his neighbors, who, had they known of his where- abouts, would have captured him, and he would have been shot or hung. The cave where he resided is still known as "Batchelder's Cave." At length, satisfied that the only way to save his life was to leave the country, he bade his wife and children good-bye and fled.
He joined the British army, and was made a captain in Lieut .- Col. Peters' corps of the "Queen's Rangers." He was with his company at the battle of Bennington, where he was severely wounded in the shoulder by a musket-ball. After the war he became very dissipated, and finally was drowned in 1785 by falling from a boat in the Basin of Annapolis.
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SETTLEMENTS, ETC.
1136949
and are impowered to Bring an action in the Law against the said Rice Treasurer, the executrix of the estate of Stephen How Deceasd & Daniel Harrington former Col- lectors, or either of them that will not comply to settle."
In order to post themselves in all the formalities of the law, Joseph Collins was instructed to buy a Law Book for the use of the Proprietors. The committee, now armed with this legal authority, at once proceeded to perform the duties assigned them. The delinquent officers satisfied that the Proprietors now "meant business," and seeing they could no longer hold back without being in danger of the law, readily closed in with the proposals made by the com- mittee, and came to a settlement. The terms upon which this settlement was made, are shown by the following report rendered by the committee, and accepted at a meeting of the Proprietors, December 10, 1772 :-
We the Subscribers being appointed by the Proprietors of monadk, No. 5, as a Comitee to recon and Settle with Capt. Jese Rice Former Tresur for said Proprietors aforesaid, that we have Recond with the said Rice, and find that he has Payed out to Defray Proprietors Charges, Between four and five Pounds Lawful money more than he has Received, besides his Trouble of being Treasurer, and we have given said Rice a Discharge in full of all accounts, and all demands that ye Proprietors have against him as being Treasurer for said Proprietors, and have taken a receipt in full of all accounts that the said Rice has against sd pro- prietors ; the said Rice Throwing in the sum above mentioned and his service as being Treasurer, for the needless cost that he has put said Proprietors to for not settling when requested, and the Settlement made with Dan1 Harrington, Collector, may be seen by a paper bearing date July the 27th 1771, wherein we Turned over the said Harrington to Lt Tucker the Present Treasurer, or to his Successors in said Office, with the whole account of what we have done towards a Settlement with him; and as to the rate Committed to Stephen How Deceased, we have not as yet Discharged the said deceased widow, but have taken the rate into our hands as it appears that a number are not Crosed, to Examine and notifie Those that have Paid and Crosed to make it appear if paid. witness our hands this 9th Day of September 1772.
SILAS GATES
BREED BATCHELOR
Comitee.
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HISTORY OF MARLBOROUGH.
There was a rapid increase in the number of settlers at this period, and many new names appear in the records of the Proprietors. Among this number were Richard Tozer, with a family of six children, from Southborough; James Lewis, wife, and eight or nine children, also from Southborough; Ebenezer Rhodes, with his wife and one son, from Walpole, Mass .; Eliphalet Stone (who had not yet removed his family); Thaddeus Hastings and Daniel Emerson, both of whom were without families; there were several others whose residence here was so short that we know but little about them or their families.
1772. Only two meetings of the Proprietors were held this year, and nothing of importance was done beyond choosing new officers and raising money for building and repairing highways.
1773. At a meeting, April 1, all officers were dis- missed, and new ones chosen in their place. Eliphalet Stone was chosen clerk and treasurer; James Brewer, col- lector; Jonah Harrington, Richard Roberts, John Felton, and Richard Tozer, highway surveyors; James Brewer, Andrew Colburn, and Eliphalet Stone, assessors; Lieut. Andrew Colburn, Lieut. Benjamin Tucker, and Richard Tozer were chosen a committee to survey, mark, and bound the roads, and make a return, in order to have the same recorded. The following year this committee reported twelve roads, the greater part of which were laid out three rods wide.
This year the question of incorporation was proposed for the first time, and an article relative to this was placed in the warrant for a meeting held June 23, which, after being duly considered, was passed in the negative.
1774. A meeting was held on the 19th of January, at which it was voted to "Incorporate said Township Into a Town." "Voted that Eliphalet Stone, Andrew Colburn, and Lieut Benja Tucker, be a committee to git it done."
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SETTLEMENTS, ETC.
"Voted to raise half peney on Each acre in said Township for the purpose afore Said." "Voted that the above said committee shall endeavor that said Township be Incorpo- rated after one of the three following names, viz: Oxford, Salsbury, or Worcester."
Whether an attempt was made at this time to get the township incorporated, does not now appear. We find nothing on the Proprietors' records, or in the journal of the Provincial Congress, to indicate that there was any petition presented; neither do we find that this committee ever made a report. The legislation of this year was mostly concerning the meeting-house, and for providing preaching ; and the records indicate that the people were anxious to settle a minister. In striving for this, they met with many difficulties, owing to the fact, they were not an incorporated town; and this, probably, was one of the main objects which led them the following year to put forth still greater efforts for the accomplishment of their purpose.
1775. At a meeting in March, Lieut. Benjamin Tucker, Eliphalet Stone, and Thomas Riggs, were chosen a committee to get the township incorporated. These gentlemen petitioned to the Provincial Congress for an act of incorporation.
The petition was read July 6, 1775, and Congress having taken the same under consideration it was resolved "That it be & hereby is recommended to the said Town of Monad- nock, No. V, that they proceed to choose as soon as may be, the several Town officers, which may be necessary for the internal Government of sd Town, such as Selectmen, Constable &c, as are chosen in other Towns in this Colony at their annual Town meeting; also that they choose a Committee of Safety, or of Corrispondence for sd Town, and also that the sd town (if occasion requires it) may use the money in the hands of Mr. James Lewis for the purpose of purchasing of fire arms and ammunition, and for wch money sd Towne is to be accountable to this Colony or Congress
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HISTORY OF MARLBOROUGH.
and County of Cheshire, when Demanded, and further it is Resolved, that Mr. Jonathan Frost be & hereby is appointed by this Congress the moderator of the first meeting in sd Town and that Messrs. Jonathan Frost, Benja Tucker and Thomas Riggs, be & hereby are impowered to call sd meeting."
We learn from a subsequent petition that the recommen- dations of Congress were complied with; a meeting was held and officers chosen. No records of this meeting have been preserved, and we have no means of knowing who were chosen to fill the various offices. No charter was given at this time, and this partial organization only served to perplex the people and throw them into greater difficulties than before; for they were very much in doubt whether the Provincial Congress intended they should enjoy equal privileges with other towns, or not. Accordingly, in order to extricate themselves from this difficulty, in Sep- tember they presented to the Provincial Congress then in session the following -
PETITION.
PROVINCE OF
NEW HAMPSHIRE.
MONADNOCK Nº 5, September 28th, 1775. To the Honobl Congress of Said Province,
WHEREAS In the month of July last the Congress See fit to grant us privilidges which before we was Destitute of, and for which we do express our gratitude, viz. In recommending to us to choose Town officers, such as Select men, Constable and a Committee of Safety, all which we have don, but as it is a Doubt whether the Congress Intended we should Injoy privilidges equil to Towns Incorporated by a Governor, or not, and as we have a desire to Settle a Minister in this Town, and as we have one a preaching here whome the people universally like, -
We, therefore, pray the Congress to Incorporate Said Nº 5, by the name of Washington, and appoint a Day for our Annual meeting. In so Doing your Honours would much oblige your Humble petitioners,
ELIPHALET STONE, THO. RIGGS,
JONATHAN FROST, Committee In behalf of Monad- nock, No. Five.
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SETTLEMENTS, ETC.
This was a most unfortunate time for the presentation of such a petition. Already had hostilities commenced with Great Britain, and the Provincial Congress which was then in session had more weighty and important business to attend to; and there is no record to be found among the State papers to show that this petition was ever acted upon.
This year Monadnock No. V united with Dublin, and was represented by Eliphalet Stone in the fifth Provincial Congress, which assembled at Exeter, December 21st. This Congress continued in session until the fifth day of the following January; then, by leave of the "Honble, The Continential Congress, they Resolved themselves into a House of Representatives, or Assembly for the Colony of New Hampshire."
The proceedings of this Congress related mainly to the establishment of post-offices, a committee of supplies for the army, and a committee of safety. This committee, under the leadership of Hon. Meshach Weare, acted with great boldness and judgment in the affairs of the Province, and soon after of the State, placing "New Hampshire in the fore- most rank both in point of influence and achievements."
1776. The partial organization which had been granted in 1775 to the inhabitants of Monadnock No. V was not deemed sufficient to overcome the difficulties under which they labored for the want of incorporation, and in September of this year Eliphalet Stone presented to the House of Representatives then convened at Exeter the following -
PETITION.
STATE OF NEW HAMPSHIRE.
To the Honble the Council and house of Representatives Convened at Exeter, Septr 5, 1776,
Humbly shows Eliphalet Stone, of a place Called New Marlborough in the County of Cheshire, Gent, in Behalf of the freeholders and Inhabitants of said place. That your Petitioners, under a title from the Purchasers of the Right of John Tufton Mason Esqr did enter into and upon the premises & have with Great Toil & Labor formed Settlements for themselves & families.
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HISTORY OF MARLBOROUGH.
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That the said tract of Land is Well Situated for a Township, & of the Contents of about Six Miles Square. That your Petitioners have Erected a Meeting-house for Public Worship, & had preaching, That they Labor under Difficulties for want of an Incorporation which Coud they Obtain are perswaded would be for the Public Good,
Wherefore, your Petitioners humbly pray that they may be Incorpo- rated in to a Body Politick, to have Continuance & be Invested with all the powers, Priviledges, & Immunities that other Towns in this State by Law hold & Enjoy, and your Petitioners as in Duty bound Will ever pray, &c.,
ELIPHALET STONE
In the foregoing petition it will be noticed that the inhabitants expressed no wish as to the name of the town ; but it was probably understood by all concerned that the name should be Marlborough. Although the meetings of the Proprietors were always called under the name of Monadnock No. V, yet the place was known by the name of New Marlborough as early as 1770.
This name originated, no doubt, from the fact the majority of the early settlers were natives, or had been long residents of Marlborough, Middlesex County, Mass .; and very many of the Proprietors were residents of that place. At the time of incorporation, the qualifying word "New" was dropped, leaving the name which it now bears. We here present the charter as it is found in the town records : -
In the year of our Lord one thousand seven hundred and seventy-six.
STATE OF NEW HAMPSHIRE.
An act to incorporate a place called New Marl- SEAL borough in the County of Cheshire. Whereas a petition has been preferred to the General Court in behalf of the inhabitants of that tract of land called New Marlborough in the County of Cheshire, setting forth that they labor under difficulties for want of an incorporation, and praying that they may be incorporated, of which due notice has been given & no objection has been made, and it appearing for the public good.
Be it therefore enacted by the Coucil and Assembly that there be & hereby is a township erected and incorporated by the name of Marl- borough within the following bounds, (viz) Beginning at the northwest corner of Dublin, and from thence running North eighty degrees West, three miles and a half by Packerfield to a beech tree standing in the East
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SETTLEMENTS, ETC.
line of Keene; thence running Southerly by Keene and Swanzey seven miles, three quarters & forty rods, to the Northwest corner of Fitzwill- iam; from thence South eighty degrees East, about four miles by the North line of Fitzwilliam, till it comes to the West line of Jaffrey ; & from thence running North by the needle by Jaffrey and Dublin to the bounds first mentioned; and the inhabitants of said tract of land erected into a body politic & corporate, to have continuance & succession forever, and are hereby invested with all the powers, and enfranchised with all the rights, privileges & immunities which any towns in this State hold and enjoy : to hold to the said inhabitants and successors for ever. And Mr. Thomas Riggs is hereby authorized to call a meeting of said inhab- itants, to choose all necessary and customary town officers, giving four- teen days notice of the time, place & design of such meeting, & such officers shall hereby be invested with all the powers of the officers in any other town in this State. And every other meeting which shall be annu- ally held in said town for that purpose shall be on the second Tuesday of March for ever.
STATE OF
NEW HAMPSHIRE.
In House of Representatives, December, the ninth, A.D. 1776.
The foregoing bill having been three times read, voted that it should pass to be enacted.
JONA LOVEWELL, Speak, P. T.
In Council, December, the 13th, 1776 this bill was read a third time and voted that the same be enacted.
M. WEARE Pres. D.
The public interests which had been controlled by the Proprietors were now in part assumed by the town. As the Proprietors were somewhat in debt, and still laid claim to the meeting-house, they continued to hold meetings from time to time as necessity required, until 1801, when, having discharged their debts, they gave over their papers to the town, and their organization was dissolved.
Although the town was incorporated December 13, no town-meeting was held until the annual meeting, the 11th of March, 1777. At this meeting the town officers for the ensuing year were chosen, but no other business was transacted.
The record of this meeting, and also a copy of the charter, are found in the town records, in the handwriting of David Wheeler, the first town clerk. The record of this meeting is given entire.
8
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HISTORY OF MARLBOROUGH.
MARCH, THE STATE OF NEW HAMPSHIRE CHESHIRE SS
11th, 1777.
Having Received a coppy of incorporation act marlborough in said State, Wherein I the Subscriber Being appointed By the Honorable general Court of sd State, to cal the first annual meeting in order to Chose all Nesesary and Cnstumary Town officers, have warned Said meeting to meet at the meeting House in said Marlborough, on Tuesd the Eleventh Day of march 1777, at ten O Clock in the morning, at which time and Place Preceded as follows, (viz) first made choice of mr thomas Rigg, moderator for said meeting, Secondly Chose David Wheeler Town Clark,* thirdly Chose Capt James Lewis Treasurer, Chose Capt James Lewis first Selectman; Chose Lint Elipha Stone Second Select- man; Chose mr Richard Towzar third Selectman; Chose m' Abel Woodard Constable, Voted that the Selectmen Be the Sessors (viz) Capt James Lewis, Leut Elipha Stone and Richard Towzer; Chose mr Daniel Cutting Survior for the South west quarter of Marlborough; Chose William Tiney Survior for the South East quarter of said Town; Chose Phinehas Parks for the Survior for the North west quarter of Said Town; Chose m' Theodore man Survior for the North East quarter of Said Town, Chose m' Silas Fife and m' Jedediah Taintor Tithering- men ; Chose m' David Deufor and mr Samuel Bishop, Dear Reaffs ; Chas Egn Richard Robards, Liut Elipha Stone, David Wheeler, and mr Renben Ward, hog Reafs; Chose Capt James Lewis, David Wheeler, mr Thomas Riggs, mr Oliver Wright, and mr Benony Robens, a Committee of Safty; Chose m' Richard atwell, m' Jedediah Taintor, m' Jonathan goodenow, and m' Thadeus Hastings, fence vewers; all of the above Chosen Said officers to serve the insuing year. Voted that this meeting Be Desolved, Thomas Riggs moderator; Recorded from the minuts pr
DAVID WHEELER, Town Clark.
The reader will notice that in the foregoing record several offices are mentioned which are not in use at the present. day, as tithingmen, deer-reeves, and hog-reeves. It was the duty of the tithingmen to keep order during public worship on the Sabbath; and in addition to this duty they were expected to stop all needless travel on the Sabbath. As a badge of office, each tithingman was to have a black staff two feet long, with about three inches of one end tipped with brass or pewter. The law required that all persons chosen to this office should be "of good substance and sober life"; but the law was not always complied with in this
* On the old records this is invariably written Clark.
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SETTLEMENTS, ETC.
respect, for men were sometimes chosen whose love of gain was so great, they would not hesitate to take a bribe, and allow the offending traveller to go on his way rejoicing. It is related that on one occasion a young man who had been to sea, and was on his way home to visit his mother, was passing through this town one Sabbath morning, when he was accosted by a venerable man who held the office of tithingman, who asked him if he did not know it was "against the law to travel on the Sabbath." The young man explained to him his circumstances, but the officer was inexorable ; and the poor man finding that he could make no impression upon him, offered him a dollar, stating at the same time it was all the money he had. The bribe was accepted, and the man was permitted to pursue his journey.
It was the duty of deer-reeves to expose any person who killed deer at unseasonable times of the year. These officers were chosen but a few years, as the deer became extinct and there was no longer any need of their services.
The duties of the hog-reeves, though not laborious, yet when called for, were rather unpleasant to perform. In those days swine were allowed to run at large, if properly yoked and ringed; and it was the duty of the owners to see that this was done as required by law : but in- case they neglected it, then it became the duty of the hog-reeve to yoke and ring them, and recover from the owner thereof one shilling for yoking and sixpence for ringing each swine.
It was the custom to choose every man lately married as hog-reeve. It sometimes happened that men who were "old and well stricken in years" would be chosen to this office, having for the second time entered the matrimonial state. This was the case with Esq. Sweetser who, after being chosen to said office, arose in town-meeting, and in his quaint manner thanked his friends for the honor conferred upon him, but begged to be excused on account of the infirmities of age, which, should he be called upon to per- form the duties of his office, would prevent his "catching the d-d hogs." . This was deemed a sufficient excuse, and the town voted "to excuse Mr. Sweetser from serving as hog-reeve."
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HISTORY OF MARLBOROUGH.
For five years previous to the incorporation of the town, there was a rapid increase in the number of settlers. A large number of these were influential men, and their descendants have become useful and valuable citizens. Among this number may be mentioned David Wheeler, Reuben Ward, and Jedediah Tayntor, from Marlborough, Mass .; David Thurston, from Leominster; Jonathan Frost, from Sherburn; William Tenney, from Littleton, Mass .; and Robert Converse and Oliver Wright, residence unknown. The whole number of inhabitants at this time must have been less than four hundred.
The following inventory of taxable property for 1777 shows that the inhabitants had not only met with tolerable success in clearing and bringing their lands into a state of cultivation, but were good livers and rapidly increased in wealth : -
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