USA > New Hampshire > Grafton County > Canaan > The history of Canaan, New Hampshire > Part 29
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On the 12th of March, 1844, the people declared that the pro- prietors of the academy had got more than their share of the sur- plus revenue and ordered them to pay into the town treasury an amount equal to the excess they had received above the rest of the inhabitants, but it does not appear that any one of those proprietors ever complied with the request of the people. They took all that ever came into their hands and kept it. At one of the proprietors' meetings, the venerable and respected Joseph Dustin, introduced the old fire-brand in these words :
That the school be opened for the benefit of the colored as well as the white children, and that all his Methodist brethren vote on the motion and not attempt to dodge it.
This provided a discussion characteristic of the times and peo- ple. It was promptly voted down and from that day onward, no colored person has been seen in any of our schools.
On May 10, 1845, the proprietors of the academy voted to appoint J. E. Sargent "as agent of said proprietors to execute and deliver to S. P. Cobb a good and valid deed of said academy, buildings and land for the sum of $400." It does not appear that this deed was ever executed, for what reason is not known, but it seems queer that a company of men should embark in such an enterprise and after spending so much money, and feel- ing, not to say passion, in five years be so anxious to get it off their hands.
But little remains of interest concerning the academy. The institution was re-established in 1852, its fortunes having varied with the years up to 1854, when, under the care of Charles C. Webster, it reached its greatest fame, with a total of 206 schol- ars, 114 males and 92 females; with a classical depart- ment designed to prepare for college, a higher English and com- mon English department, and four terms a year. Eleazer Mar- tin was president of the corporation; Jonathan Kittredge, vice-
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president; Jesse Martin, secretary, and Horace Chase, treasurer. William P. Weeks, S. P. Cobb, Jonathan Kittredge, Arnold Mor- gan and Caleb Blodgett were the executive committee of the cor- poration. There were seven instructors and the scholars came from all over the country, although for the most part from Canaan and the surrounding towns. Mr. Webster gave up the school in 1856, having been here three years, and removed to Minnesota. Burrill Porter, Jr., continued it for another year, with a corps of six teachers and 171 pupils. Since that it ceased to be a corporation and became simply a private school, with wide intervals of time when the building was closed. Occa- sionally some one came along who would open a school and con- tinue it for one or two terms, contributing nothing towards the support or care of the building, and little towards their own.
Through the energy of J. D. Weeks and William A. Wallace as trustees of the academy, the school was revived in 1870, and continued with different teachers until 1878. Some of them were Herbert Norris, J. Clement Story in 1876; William Sharp and B. E. Goodrich in 1877. For fourteen years its doors were closed and then in 1891 it was opened by Prof. Luther Purmot. Hugh Moore was the last person to open a school.
In 1854 the town was asked to paint the academy, fix up the yard and put a fence around it; they refused to do it and the fence was built by private subscription. Parts of it are still in existence on the line between the academy land and the adjoin- ing owner on the south. Repairs have been made to the build- ing by private subscription from time to time. In 1904 the town library having attained such proportions, it was deemed advis- able to move it into the academy building, where it occupies the upper floor. The town having appropriated part of the money to fit it up for that purpose and the balance being raised by voluntary contributions.
The question has arisen, who owns the academy? In read- ing this detailed statement of the facts, relating to the doings of the proprietors of the academy, it is evident that so long as the corporation existed it considered itself the owner of the building. The town having refused a deed from the pro- prietors, exercised no control over their doings. The money which built the academy was borrowed, and the town was only
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a creditor of those sixty-five individuals who signed the notes. What was done with the money was immaterial to the town. The town at first sought to replace this money in the funds from which it had been taken, but a change of feeling led it to distribute the balance of the surplus revenue among the other inhabitants. Realizing that the proprietors had had more than their share, they sought to make them pay the difference back to the town; this they never did. The town is in the position of having paid for something which they would not accept, and not enforcing their demand for their money to be re- turned, but silently allowing it to remain. Some might say that by their silence, they had accepted the disposition which had been made of their money, and are really in the position of being owners of the property, since their money paid for it.
At this day some are jealous of the apparent exercise of ownership of some people over the building, but no one claims it. If one person or another does anything to protect and preserve this old landmark of the Street, it is done with a feel- ing of respect for the memories which must cluster around its portals. Unique in its position, it stands as a monument to the expression of the most trying times in the history of the town. Deserted and alone, it attracts the attention of every newcomer, who wonders that it should be so neglected. Like a bone that has been quarreled over by two dogs, it has been dropped, never to be taken up again. The generation in whom the worst parts of man's nature was aroused has passed away. More than sixty years have elapsed since it was a disturbing factor; not one of the signers of the thirteen notes is alive today ; not one of the men who opposed their plans. The questions disputed at that time and at the bottom of all their hard feeling has long since been settled, and their children and grand- children have grown up with no remembrance of the spite and abuse thrown broadcast by their parents and grandparents. The issue is dead and forgotten; the slave question has ceased to be; abolition, too; and we of this day can little realize the depth to which men's feelings were stirred. Such is the his- tory of the attempts to establish a school of learning in Canaan, and when we look back upon its stormy course at no time having the good will and sympathy of all the people of
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the community, bitterly opposed and as bitterly favored, liv- ing along from year to year on the persistence some men have to accomplish their ends, and using the object in dispute only as a means, blind to the good there might be in it itself, if spite and revenge be eliminated, the good in it became secondary to the success of their plans for revenge, resorting to trickery, force and unlawful means to bolster up or oppose. Is it any wonder that such a cause should fail, when dependent upon such influences, that people who had not become involved should hesitate to take any part ?
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CHAPTER XX
LAWYERS.
There were no lawyers among the early settlers of Canaan, and from the appearance of all the written documents that have come into my possession not any very learned men. There was very little use for law or lawyers so long as these men were contending simply with forests and wild beasts. Disputes relative to land titles were easily adjusted by the proprietors' committees and the surveyor with his compass. It was many years after the first arrivals before the people had need of courts of justice or of lawyers. Every man felt himself con- strained to be neighborly, friendly and forbearing, because each one was dependent upon every other one for some of the comforts in their rough life. In like communities, where the labor of the day was followed by the rest of the night, there was no place for the idle and dissolute either to rest or amuse themselves.
George Harris, who followed close upon the footsteps of Thomas Miner in 1767, was an intelligent business man with a good education. Having the interests of the new colonists greatly at heart, he exerted a wise influence over them, so that while he lived, the uneven tempers were held in subjection, and for many years there were more precautions taken against wild beasts than dishonest men. In those first years, when it was necessary to observe forms of law, in order to give binding effect to the wishes of some grantee, recourse was had to Bezaleel Woodward of Hanover, or Benjamin Wheaton of Lebanon, both of whom held commissions as justices of the peace under the king.
About the year 1779 William Ayer, holding a commission as justice of the peace from the governor of Massachusetts, came with his wife to make his home in Canaan. Nathan Follensbee, a young friend, accompanied him; they came from Amesbury, Mass., and on their arrival were very hopeful of their future in the new settlement. They secured lands on South
West Canaan
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Road, near enough to be neighbors, and built log houses for their first shelter, as did all the early settlers, because of the scarcity of sawed timber. Mr. Nathan's father and a hired man came with them also and located upon the farm once owned by Farrington Currier, and Mr. Ayer upon the next ad- joining, afterwards owned by Daniel Farnum. After building his log house, Mr. Follensbee, with his father's assistance, felled five acres of trees, burned over land and raked in the seed, but the early frosts killed the crop; then he returned to Haverhill and brought back a wife, Anne Sawyer. They lived here several years and had three sons born to them. It is related that after the fire which had burned the brush and timber which her husband had felled, that the ground was black with ashes and coal, there was nothing green left growing near his cabin. Mrs. Follensbee visited her neighbor, Mrs. Ayer, and told her how dismally black everything was about her home, and begged of her a handful of green turf, which she carried home in her handkerchief and transplanted. The seasons from 1785 to '90 were severe; untimely frosts cut off the crops of the farmers and even their seed was lost. Discouraged by the unpropitious seasons, Mr. Follansbee sold his lands and moved to Hamp- stead, where his eldest daughter, Martha, was born, July 30, 1793. She married Hubbard Harris, Jr., who was a trader on the Street and built the house long the residence of Dr. Arnold Morgan, now owned by Mrs. Henry Martin. One other sister, Betsey, was born in Hampstead in 1795. Afterwards, not pleased with his manner of life he was persuaded by his friend Paddleford and Capt. James Huse, to return to this region and buy lands on Shaker Hill in 1796. In 1797 his daughter Sarah was born. She married George Harris, a brother of Hubbard. Mr. Follensbee died in Enfield after a long and eventful life.
Mr. Ayer had received a good education and was somewhat familiar with legal lore. He was not too modest to let his townsmen know that he could make his services as valuable to them as those of Wheaton and Woodward and at less trouble. The legal business of the colonists consisted chiefly in the making and acknowledging of deeds. The days had not yet come when they could afford to spend their time and sub- stance in litigation. Mr. Ayer served the people as justice,
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conveyancer and adviser, and also in many town offices. He was an honored resident of Canaan about twenty years, when the failing health of his wife induced him to sell out his farm to Daniel Farnum and return to Massachusetts. But there were other men in town competent to perform all the legal services which the people required in their business intercourse. Thomas Baldwin was one of these men. Being a ready writer, he was often called upon to make deeds and wills, some of which are quaint and picturesque in their phraseology. I have several of them in my possession written in a fair, round hand.
Daniel Blaisdell, also, the first of the name, was a growing man and became so familiar with legal forms and requirements that he was generally selected to present questions to the courts, duties which he performed satisfactorily and for small compensation. He was not a learned man, but possessed a good judgment and a retentive memory. Then there was "Esq." John Currier, who was almost uninterruptedly engaged in business of a public kind all his life. These were the law- yers in those early days who were sufficient unto the wants of the people. Lawyers as such found little encouragement to stop here for several seasons, but chiefly because there was neither time nor money to squander on such luxuries. In nearly all bargains or trades it was agreed that payments should be made in farm products, labor, etc.
At or about the time of the building of the meeting house, there came into town a lawyer, who with strong assurance told the people that they needed him, or at any rate he needed them, for they appeared to be thrifty and ought to have a good many nice questions in law to talk over, and he proposed to stay and get his living among them. His name was Nathanial Farrer, but the people did not take kindly to him. He secured board with Capt. Moses Dole. He remained here a year or more, and in that time occurred the first lawsuit in Canaan. Capt. Robert Barber had bought a nice horse, at a low price, from a stranger who was passing through town, and was much pleased with his bargan. The captain was a short, pussy man, wore breeches and a long waistcoat, like old Uncle John Barber, and was a good sort of a man, but always busy, too much so to
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pay much attention to children; in fact, children got very lit- tle away from home. About the only salutation they got from him was "take care boy, don't meddle with things." A short time afterwards a man from one of the Vermont river towns appeared in our street, inquiring for a horse which he said had been stolen from him. He described the horse and the thief, saying he had traced them as far as this village. Being directed to Captain Barber, he saw and claimed the horse as his property, but Captain Barber declined to part with it without consideration, whereupon the claimant set Lawyer Farrer upon him, brought him into court and replevined the horse. The captain paid the costs with an ill grace. He said it was "all along of harboring a lawyer in town, whose only means of living was by the misfortunes of honest people." The captain's chargin at being cheated by a horse thief was very great, and he continued to pour out the vials of his wrath upon lawyers as the natural allies of thieves, until the sympathies of the people were awakened in his favor and Mr. Farrer was re- garded as a man who might make mischief among them. Be that as it may, our hardworking ancestors were not yet ready to engage in suits at law. They knew it to be expensive, and so they continued to rely upon their friends, whose previous faithful services were a guaranty for the future. Mr. Farrer, finding his cases did not multiply, and that his clothes were getting seedy, left town, and there is no further trace of him to be found in our annals. In part payment for his board bill due Elias Lathrop, he pledged two blank books, unruled and bound in sheep, with his name upon the fly-leaf. These books are now in my possession, containing valuable memoranda con- cerning the meeting house, and the reorganization of the Bap- tist church in 1802.
For several years little variation was noticeable in the lives of our people. They labored diligently upon their lands and prayed for the prosperity of the church, which was without a pastor, but was feebly, yet vainly, struggling to find a man to take charge of their spiritual affairs, one whose teachings they could follow with faith and trust; but it was many years yet before those prayers were answered. For amusement they had for a long time an adjourned town meeting, which they regu-
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larly attended, and scolded about the dilatorious conduct of the contractors in building and finishing the meeting house.
In 1808 Thomas Hale Pettingill, a graduate of Dartmouth College in 1804, and just then admitted to the bar, visited rela- tives in Canaan, and concluded it would be a good field for him to work in. He was the son of Benjamin and Polly Pettingill of Salisbury, born November 20, 1780. He read law with John Harris of Hopkinton. He built the house, later the residence of Jesse Martin, and opened an office in one of the rooms in the spring of 1808. At first he met with indifferent success. The old prejudice against lawyers was active and demonstra- tive; but he persevered, and when told they had no use for his kind of man, he would shrug his shoulders and wait. He had not long to wait, not more than a year, before he had the whole town by the ears. His labors necessitated the appoint- ment of a sheriff, and this officer planned how he could gain a living by this office. The next thing of importance was a court; and from that day onward until now Canaan has never been without a lawyer, with his attendant sheriff and court, and the evidence is conclusive that all of them escaped the fate of Farrer. No one of them has ever since been starved out, with the exception of George Kimball and John H. Slack. Mr. Pet- tingill's diligence and success surprised his friends. His legal machinery ground slow but sure. Many of the best and most quiet citizens were taken in his toils, and paid him homage. One record shows that from the 2d day of July, 1808, to Feb- ruary 23, 1811, a period of two years and eight months, Mr. Pet- tingill brought 193 suits before John Currier, Esq., the court's fee in each case being charged at sixty-seven cents. The first case this young lawyer brought was Nathaniel Tucker v J. Smith. The case was a trivial one, a misunderstanding in the settlement of a small account, but it served for a beginning as well as if it were of national importance. Mr. Pettingill was aggressive in his temperament, was not famous for courtesy or neighborly kindness; he was persistent in the pursuit of an object, and no mere personal consideration turned him aside from the attainment of his fixed purpose to get rich. He liked directness and hated all shams, but he was never a great fa- vorite with the people, although they appreciated his ability,
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and for three years he held three town offices at one time. He was representative in 1814, 15 and 16, moderator from 1813-20, town treasurer from 1813-20, and member of the school commit- tee from 1811-20. In his earlier years he was a Federalist. In 1817 he published a burlesque upon Jefferson and his friends, called "The Yankee Traveller; or, the Adventures of Hector Wigler"; later he changed his opinions, became ashamed of the literary venture and tried to recall it from circulation. When he left town he had made no impress upon its institu- tions nor upon the hearts of the people that would lead them to cherish his memory. Many incidents are remembered of him which illustrate his sharp wit and self-reliance. His imperious disposition manifested itself in all the walks of his life. He was the first candidate for the rights and benefits of Masonry in the then new Mt. Moriah Lodge, which was organized in 1814. The records show that he carried his temper into the lodge room. Another lawyer, Elijah Blaisdell, of whom we shall hear more further on, had located in Canaan; he also was a member of that lodge. Being of the same profession and of similar traits and habits, they had frequent altercations. Then there were complaints; one day it was the complaint of Brother Pettingill against Brother Blaisdell, and a committee appointed to consider the same. At the next communication was a report that the belligerants had settled their difficulty, and there was nothing further to report. Next time it would be a complaint Blaisdell v Pettingill, and the committee would go over the same routine; then there would be difficulties with Nathaniel Pierce, and again with Doctor Tilton, and all ending in the same way, and each showing arbitrary temper on the part of the members of the bar.
A demand against Amasa Jones was left with him for col- lection. He sent Amasa a letter which brought him quickly to his office. Amasa objected to paying fifty cents for the letter and began to plead his hard times. Pettingill took up his pen and wrote figures. Amasa asked him why he wrote. Pettin- gill replied, "I'm charging you ten cents a minute for the time you keep me waiting, I can't afford to do all this talking for nothing," and then Amasa made haste to pay the bill without further objections to the price of the letter.
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In 1813 he subscribed one dollar towards the support of Elder Wheat; three years afterwards, when Mrs. Stephen Worth died, and the elder at the funeral charged Stephen with being an infidel, greatly offending the whole congregation, Pet- tingill, Colonel Wells, John M. Barber and William Richardson, withdrew their promises of support, and declared they would never hear him preach again. Mr. Pettingill resided in Canaan until 1822, and his going was much like his coming. His father, grown old, desired him to come home and live with him. He declined; his chances for wealth were too good to be abandoned here. As a further inducement the old man told him to sum up all his gains during his residence in Canaan and if he would come to him he would double the sum. The lawyer counted up his gains, until they amounted to over ten thousand dollars, which surprised the old man into the re- mark that he feared Tom had not been very considerate; but he made good his promise and in 1822, with reluctance, Lawyer Pettingill turned his back upon the field of his legal triumphs, leaving it in possession of his antagonist, Blaisdell, and settled down in his native town of Salisbury, where he continued to reside, with the exception of two years spent in Franklin, until his death, August 8, 1856, at the age of 75 years. He married Aphia Morse at Cornish in February, 1810. They had one son and two daughters.
Old Jim Woodbury was a Revolutionary soldier, whom Pet- tingill often met, and to his salutation, the old man's uniform answer was "I'm a leetle better than I was yesterday. Mr. Pet- tingill." Pettingill's reply to this refrain was, "Well, Uncle Jim, you've been a leetle better every day since I knew you, and you are about as miserable now as a man can be and live ; you must have been an almighty mean man before anyone else knew you. "
There was Henry French of Grafton, who applied to him for a certificate to teach a district school. After a short examina- tion, Pettingill gave French a certificate reading that "he was fully competent to teach school in any district where there were no scholars."
Elijah Blaisdell, born in Canaan October 29, 1782, was the son of Hon. Daniel Blaisdell. November 14, 1802, he married Mary
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Fogg of Hampton, daughter of John Fogg, and settled down in Pittsfield as a shoemaker. At the age of twenty-seven, with a wife and three children dependent upon him, he concluded that shoemaking was not his strong point! he might get rich, but he never would become famous; so laying aside his last and apron, he entered an office in Montpelier, Vt., and for three years applied himself to the study of law, and was admitted to the bar. For a few years he loitered about in search of a loca- tion. He tried Grafton and Danbury, but the people were not sufficiently litigious. About 1812 he located on Canaan Street, in the house afterwards occupied by Albert Pressey. About the same time he was appointed "side" judge of the court of com- mon pleas for the county of Grafton. He resigned in 1834 and was appointed county solicitor and reappointed five years after. He was also the colonel of a regiment of militia. His second wife was Mrs. Mary Kingsbury of Plainfield. Here Pettingill already had a court with all its machinery in full blast. Here he lived and labored until 1833, when he sold out and removed to Lebanon. He died in Lebanon October 10, 1856. In politics he began a Federalist, and was elected to various town offices, also to the Legislature in 1827-28. Upon the election of General Jackson in 1828, he visited Washington to see the inauguration ceremonies, and he was received with so much affability by the old general that he became his warm supporter and forever afterward voted and talked as a Democrat. In 1835, when for a season Abolitionists had no legal rights and public opinion was as merciless as an octopus, he returned to Canaan, and har- rangued the assembled people upon the importance of "driving the niggers out of our beautiful town," even if it became neces- sary to destroy the academy building to accomplish that purpose. He was made a Mason in Mount Moriah Lodge in 1814, and he soon became upon all occasions the rival and antagonist of his brother Pettingill. In their temperaments, these two men were much alike, arbitrary and overbearing, impatient of restraint, not scrupulous of the rights and feelings of others, and in the innumerable suits which they promoted, were always pitted against each other. Their language to each other was far from polite, and a stranger would suppose them to be bitterly hostile, but when the time arrived for making up bills of costs, they
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