USA > New Hampshire > Merrimack County > Salisbury > The history of Salisbury, New Hampshire, from date of settlement to the present time > Part 27
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With all due respect for the respectable Gentlemen who composed that Commit- tee, we think the Report was made from an imperfect view of the subject, & that if its merits had been fully laid open to the view of the General Court the Report would not have been accepted.
Wherefore, we pray that the Vote accepting the said Report may be reconsid- ered, or that such order may be taken on the subject as the wisdom of the General Court shall think the case requires.
To shew that our opinion of that report is not without foundation, we beg leave to submit the following facts and remarks-
The proprietary Grant of the tract of land now called Salisbury, formerly called Stevenstown, was made in the year 1749 by the Masonian Proprietors, who were at the same time the owners of the tract of land called Kearsarge Gore-
The Grantees of Stevenstown, soon after the grant divided part and only part of the land granted to them into lots, leaving a considerable tract undivided-
In the year 1773 they laid out the thirty acre lots at the west end of the Grant adjoining Kearsarge Gore, and then run it as [ not legible ] for the first time, the west end line of their grant, & marked trees to shew the line.
The thirty acre lots laid out in 1773 up to this time were immediately after drawn among the Grantees, & some of the lots were drawn to the reserved rights of the Grantors, the Masonian Proprietors, who have ever since claimed & held these lots accordingly -
It is believed that the Masonian Proprietors by taking those lots in 1773 & -
- & holding them ever since, in [ not legible ] as their reserved right, in the grant of Stevenstown did then recognize the right of the Proprietors of Stevens- town to the land as far westward as their line .- At that time Kearsarge Gore was held by the Masonian Proprietors in common; and was not laid out into lots until 1782- In the year 1782 Col. Henry Gerrish as the agent & by the direction of the Masonian Proprietors surveyed & laid out into lots the tract of land called Kear- sarge Gore & bounded on the aforesaid line of lots adjoining Salisbury - The sur- vey & plan of the lots then made by Gerrish was adopted by the Masonian Proprie- tors & has ever since been recognized by them -
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TOWN BOUNDARIES.
At a subsequent period since question being made respecting the bounds between Salisbury & Kearsarge Gore the Masonian Proprietors appointed said Henry Gerrish their agent, to join with a Committee of the Proprietors of Salisbury to settle the question & determine the proprietary line between Salisbury & Kearsarge Gore. In the the year 1801 the said Gerrish on the part of the Masonians & the said Com- mittee of the Proprietors of Salisbury went together to the bound which has ever been known & recognized as the southwest corner bound of Salisbury-& from thence run northward the course directed by the Masonians & on the aforesaid line which was run & marked in 1773, to be the north line of Salisbury and there made a bound between Salisbury and Kearsarge Gore -
Thus the aforesaid line run in 1773, was recognized by the Masonian Proprietors in 1773 & in 1782 & again in 1801 was settled & confirmed by the parties -
The limits of the grant from the Masonian Proprietors being thus settled by those who had the right so to do, it is believed that the Proprietors of Salisbury & Kearsarge Gore are both bounded thereby.
The description of the town of Salisbury in the act of Incorporation is the same as in the Masonian Grant & was probably copied from it -
The Proprietors of Salisbury have ever since [ not legible ] & held the land west- ward to the aforesaid line run in 1773, to the town of Salisbury has ever held juris- diction to the same line.
The aforesaid Report takes from Salisbury a tract of land of a triangular form four miles in length, one hundred & eighty-four rods wide at the north end, running to a point at the south & laying east of the aforesaid line.
The inconvenience which will be the consequence of dividing the lots by this new line of jurisdiction, and transferring part of a lot to Kearsarge Gore & leaving part in Salisbury, we trust will be deemed a sufficient apology for this our request.
Novr 1816
Signed
Wd. ELIZABETH STRAW, JAMES B. STRAW, STEPHEN S. STRAW, SAMUEL EATON, WM. PINGREY, JAMES JOHNSON, THOMAS CHASE, EBEZR. JOHNSON, MOSES GREELEY.
AFFIDAVITS.
I Phineas Bean of the age of sixty-six years testify and say that in the year of 1773 I was at a meeting of the Proprietors of Salisbury held at Kingston when the Proprietors Chose a committee to run out the town according to the charter, and lay out the last division or thirty acre lots. My Father Sinkler Bean, Benjamin Huntoon & Capt. John Webster were chosen for that Committee, the Committee all lived in Salisbury. My Father moved into the town I with him in 1766 the Committee proceeded according to their orders, & finding that Andover Charter run two degrees on Salisbury they adjourned & reported to the Proprietors that Andover charter run two Degrees on Salisbury & requested instructions. The Proprietors
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HISTORY OF SALISBURY.
soon after wrote to them that they had laid the matter before the Grantors, who had agreed to make up for said two Degrees at the west end of the town,- even if it should extend to Perrystown, and directed them to proceed & lay out the last Division of lots,-the Committee proceeded & executed their commission in No- vember 1773.
While they were at work at the west end of the town two of the Committee Huntoon & Webster and Mr. Foster the surveyor boarded at my Fathers & came there & put up every night .- I saw them have the Charter of the town & heard their conversation, I heard Mr. Foster the surveyor say that the course they must run for the head line of Salisbury was due north from the southwest corner Bound, which bound was a beech tree then well known. This beech tree was the southwest corner bound of lot numbered 23 & stood where the stone is which is now recog- nized as the southwest corner bound of Salisbury. The day that they run the west end line of the town -it came on stormey towards night -and when Mr. Foster & the committee came in I heard them say that they had run & marked that line over the bald mountain & as they supposed almost to the north line of the town, when the surveyor fell and broke his compass, which prevented them from going any farther and it being very rainy and cold they returned home.
I further testify that I have known some of the thirty acre lots adjoining that line run by Foster to have been in part cleared up & improved about forty years ago, and the same have ever since been held under the Proprietors of Salisbury-the Masonian Proprietors drew their several rights or lots in this division of thirty acre lots, & one of them drew the lot since called the Fisher lot which is bounded on the Foster line.
I further testify that in the year 1782 I understood that Col. Henry Gerrish run & laid out into lots part of Kearsarge Gore and was then told, by James Flanders Esquire & others who assisted Gerrish, that Gerrish bounded the lots in the Gore on the Foster line.
I further testify that in June ISO1 I was called to attend Colo John C. Gale & Joseph Bean Esqr. who were appointed as a committee by the Proprietors of Salis- bury to join with Colo Henry Gerrish agent of the Masonian Proprietors, to run the west end line of the town and establish the northwest corner Bound.
Col. Gerrish & the Committee appointed Mr. Ephraim Eastman surveyor to run the line. Ezekiel Straw, Reuben True and I went as their assistants.
While we were at the stone which is the southwest corner Bound of Salisbury, I heard Col. Gerrish declare to the committee from Salisbury that he was commis- sioned by the Masonian Proprietors as their agent to join with the committee from Salisbury to perambulate & run the west end line of Salisbury & establish the north- west corner bound.
After some conversation about the point they should run, Colo. Gerrish said he was instructed by the Masonian Proprietors to run a course that would cover the old Foster line, if it did not take more than one Degree west of north, the one Degree he said was for the variation of the compass, they accordingly agreed to stand one Degree west of north and said if that point hit the westerly bounds of the upper thirty acre lots in said last division they would agree it was right & go on accordingly. They started on that course & as they went, they found an old spotted line & some of the bounds of the thirty acre lots. After proceeding some ways East- man the surveyor set his compass for an object at a distance & Colo. Gerrish & the
1
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TOWN BOUNDARIES.
committee looked through the sights of the compass & saw that it hit that object - then Gerrish & the committee went forward to the object & the surveyor & others followed, and when we came near to the object which proved to be a Bass stub, we found Gerrish and the committee standing by it-they called to us to come on & said we were right, that the Bass stub was the southwest corner bound of the Fish- er lot. When we came to that stub I saw it was spotted and numbered, the marks were ancient but plain to be seen. One of the committee then said to Colo Gerrish " are you satisfied?"- Gerrish answered "yes, come let us start on." We all went on together & I do not recollect hearing anything said afterward about the correct- ness of the point which we run, for all agreed that we were right.
W'e proceeded & found marks of an old line in the woods, which by the appear- ance of the marks on the trees, was run as early as 1773-We found on this line a large white rock which is seen at a great distance & had long been noted as being on the line ; there were then ancient marks evidently made by man on the rock - Mr. True marked it again with his ax.
Colo. Gerrish had his compass with him, and very often went forward on the old line, & set his compass and looked back & would say "you are right, come on." We found ancient marks on trees all along our course in the woods until we came as near as I can judge within half a mile of the north line-we passed the same course to the north line,-and there we marked a Birch tree with a spruce by the side of it for the northwest corner Bound of Salisbury-each one present placed a stone at the foot of the tree-that it might be known as the Bound. We set off for home, but it soon came on dark & we were obliged to lay out in the woods all night.
I have lived ever since the year 1766 at the distance of about two miles from the aforesaid line called the Foster line & have never known any other line at the west end of the town run by the Proprietors of Salisbury or by the Masonian Pro- prietors. When Foster & the committee were running the said line in 1773 I under- stood from them that the west end line had not before been run by anybody .- In ISOT I with John Webster & others assisted in surveying the common land in the west part of Salisbury. Ephraim Eastman was the surveyor - We surveyed and measured all the common land up to the Foster line so called, & a plan of it was made which I exhibited to Nathan'l A. Hazen Esquire agent of the Masonian Pro- prietors, also informed him of the doings of the l'roprietors of Salisbury respecting a sale of the land, and he recommended to sell all the land according to that plan.
Afterwards Mr. Hazen as agent for the Masonian Proprietors authorized me to represent & sell their shares of all the common land according to that plan. I did sell it & paid over the money to his order and took his discharge for the same.
Question, by Richard Herbert, Jr .: Who were the committee for selling the common land in Salisbury ?
Answer, by Deponent : Andrew Bowers, Benjamin Pettengill, Jr., and Benjamin Little.
Question, by the same : Did you act as Auctioneer in selling said common land ? Answer. Yes.
Question, by the same : Did you, or did you not at the time of said sale repre- sent that said common land extended westwardly to the Foster line so called?
Answer. I did so represent it, and sold all the land situated between the lotted
.
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HISTORY OF SALISBURY.
land in Salisbury westwardly to said Foster line, which was considered the western head line of Salisbury. I acted only as auctioneer in selling said land under the direction of the aforesaid Committee.
Signed,
PHINEAS BEAN.
State of New Hampshire, Rockingham, SS.
On the thirtieth day of January in the year of our Lord one thousand eight hun- dred and seventeen, personally appeared before us the subscribers Justices of the Peace quorum - the said Phineas Bean and made solemn oath that the fore- going Deposition by him subscribed, contains the whole truth and nothing but the truth relative to the point for which it is taken.
Before us
ALBE CADY, { Justices of the Peace. JOHN ODLIN, § Quorum
I Reuben True testify and say that sometime in the month of June ISO1 I was called on by one of the Proprietors committee of Salisbury, to help run the west end line, & ascertain, & establish, the north west corner bound of said town. I accordingly went with them to the south west corner bound, which was a Large stone, placed in the ground, by its appearance, and their joined in company with Joseph Bean Esqr., and Colo. John C. Gale, committee in behalf of Salisbury Pro- prietors and Colo. Henry Gerrish of Boscawen, agent for and in behalf of the Ma- sonian Proprietors, Ephraim Eastman of Andover, was appointed surveyor by the partyes. Phineas Bean Esqr Ezekiel Straw, and I assisted as ax-men, & carrying the chain &c .- At the stone before we started, their was considerable conversation between Colo. Gerrish & the committee about the point of compass they should run. I understood Colo. Gerrish was instructed by the Masonian Proprietors, to run a course or point that would just cover the Foster line so called, if it did not take more than one Degree west of north, which would strike the west Bound on the west side of the thirty Acre lots in the last Division, in that corner of said town. Accordingly they started North one Degree west, & said they could tell whether they were right or not when they came to the south west corner bound of the Fish- er lot so called (it was my duty to follow the surveyor and spot the line ) we steered on & found an old line and some bounds of lots. I recollect one more particularly after we had run some considerable distance, the surveyor Mr Eastman asked me to look at his compass & see his Object & I did, & saw it at a great distance, we called it a Stump but after passing over a piece of rising ground we found the object was a stub; when coming up to it we found Colo. Gerrish & the committee standing by it, it was a bass stub, which they all said was the south west corner bound of the Fisher lot so called, and Colo. Gerrish and the committee agreed that they were right, and after that their was no doubt about the correctness of the course and all went on -
I further testify that we found marks of an Old line along on our course, and particularly, a large white stone on the side of Bald Mountain so called, which ap- peared to have ancient marks on it, and was recognized as being on the old Foster line. I also marked that stone with my ax; we found some spotted trees, after we decended said hill along some ways,-Colo. Gerrish had his compass with him, and would very often go along Forward on the old line and set his compass, and look
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TOWN BOUNDARIES.
back, & hallow out "you are right, come on "-When we arrived to the north line of Salisbury & ascertained it, Colo. Gerrish & the committee of the Proprietors of Salisbury marked a Birch tree I think with a spruce near the side of it, for the bound, which they called the North west corner Bound of Salisbury and each one present placed a Stone at the foot of the tree.
Soon after we set off for home, but it was soon so dark that we could not find the way, and was obliged to stay in the woods all night. We built up a fire and cut some little hemlocks and laid down very tired indeed.
Colo. Gerrish observed that he had surveyed more or less for several years and never had so severe a days work before .-
I further testify that some time in the year 1805 ( I was one of the Selectmen that year ) I assisted in running that line, with Mr. Joshua Lane, when he made a survey of this town, who hit some of those objects, and particularly the above named Stone, and he said it was about the best line that he ever followed in the woods, and was very well spotted indeed .-
REUBEN TRUE.
State of New Hampshire, Rockingham, SS.
On the thirtieth day of January in the year of our Lord one thousand eight hundred and seventeen, the said Reuben True personally appeared before us the subscribers Justices of the Peace, quorum unus, made solemn oath that the fore- going Deposition by him subscribed, contains the whole truth and nothing but the truth relative to the point for which it is taken. Said Deposition is taken in per- petuam rei memoriam.
Before us, ALBE CADY, { Justices of the l'eace. JOIIN ODLIN, S quorum unus.
I Ephraim Eastman do testify and say that some time in June in the year IS01 I was called upon by Joseph Bean of Salisbury to run the Line at the westerly end of said Salisbury, I accordingly went and met with said Joseph Bean, also John C. Gale, Colo Henry Gerrish, Phinehas Bean, Reuben Truc, & Ezekiel Straw at a stone which I understood then was the south west corner Bound of the Town of Salisbury; and while we were there, there was considerable conversation passed concerning the Point of compass we should run, in which Colo. Gerrish appeared to take quite an active part, which caused me to make some enquiry, and I was told that Colo Gerrish was acting as agent in behalf of the Masonian Proprietors, and Joseph Bean & John C. Gale were a Committee for the Proprietors of Salisbury, and I understood I was to run an ancient Line North point, and I was ordered to run North one Degree west on account of the variation of Compass, which I did; and when I had run a half a mile or more, I came to a small pile of stones, I asked what that ment, and I was told that it was one of the westerly Bounds of one of the westerly thirty acre lots in Salisbury, and when I had continued on a mile or more, I struck a Bass stub, and when I came to it Mr. Gale, Colo Gerrish, Esq. Bean were standing around it, and I was informed that it was the south west corner Bound of the Fisher Lot so called. This stub appeared to have ancient marks on it. I then continued on by my point and heard no more concerning the point of Com- pass that I can recollect. After we left said Bass stub I struck a large whitish Stone
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HISTORY OF SALISBURY.
on the side of bald Mountain so called, which was a noted object, Esq. Bean and Colo Gerrish had their Compasses with them and all the way till I came to the said whitish Stone they appeared to criticise my Line very particularly and appeared to be very well satisfied with the correctness of it, and when we were in the woods before we came to the said Whitish Stone I heard one of them say ( at a short dis- tance from me ) here is the Old Line. I continued on till I struck a birch Tree which was standing on or near Andover Line, which some or all them spotted and marked, calling it the North west Corner Bound of Salisbury, and if I mistake not put some stones around it.
Question, by Moses Greeley : Did you see any tree on or near the line you run that appeared to be anciently spotted?
Answered, by Deponent: I did.
EPHRAIM EASTMAN.
State of New Hampshire, Rockingham, SS.
On the thirtieth day of January in the year of our Lord one thousand eight hun- dred and seventeen, the said Ephraim Eastman, personally appearing before us the subscribers Justices of the Peace, quorum unus, made solemn affirmation that the foregoing Deposition by him subscribed, contains the whole truth and nothing but the truth. Said Deposition is taken in perpetuam rei memoriam.
Before us, ALBE CADY, { Justices of the Peace, JOHN ODLIN, § quorum unus.
I Joel Eastman of Lawfull age testify and say that sometime in the fall of the year 1795 I was called on by the Selectmen of Kearsarge Gore to perambulate the line between the Town of Salisbury and said Gore and I did attend to that duty as one of the Selectmen of the Town of Salisbury and that the Selectmen of the Gore at the South west corner bounds of Salisbury, which is now a large Stone, and agreed to run a due North course and did run that course, and found a Number of bounds of both and in particular a bass Stub, which bound appeared to agree well with our corner, and on said corner found ancient mark of a line and I well remember a . large white stone on bald hill which we took for an object before we ascended said hill, and we found Marks of an old line descending said hill and before we arrived to the North line Night came on and we made our course for the first settlement which was Phinehas Huntoon's on Andover line, and it being Saturday we did not persue the business further.
Question, by Moses Greeley : Did you assist, and when in placing the large stone at the southwestern corner bounds of Salisbury ?
Answer, by Deponent : I did assist in placing said stone and I think in the year 1796. I had known previously where said corner was -prior to placing said stone the corner was designated by a stake.
JOEL EASTMAN.
State of New Hampshire, Rockingham, SS.
On the thirtieth day of January in the year of our Lord one thousand eight hun- dred and seventeen, Joel Eastman, personally appearing before us the subscribers,
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TOWN BOUNDARIES.
Justices of the Peace, quorum unus, made solemn oath, that the within Deposition by him subscribed, contains the whole truth and nothing but the truth relative to the point for which it is taken. Said Deposition is taken in perpetuam rei memo- riam.
Before us, ALBE CADY, { Justices of the Peace, JOHN ODLIN, § Quorum unus.
I James Flanders testify and say that when Colo Henry Gerrish of Boscawen surveyed Kearsarge Gore he came to my house and put up all night, it was if I recollect right in the spring of the year 1782. That evening Colo Gerrish told me he was appointed as a surveyor by the Masonian Proprietors to survey and lot Kear- sarge Gore for them, and asked me ( if I recollect right ) if I would go and show him where Salisbury corner bound & head line was. I accordingly went the next morning with Colo Henry Gerrish & others to the south west corner bound of Salis- bury & shew it to Gerrish ( I then lived in Warner about forty or fifty rods from the bound) which was then a beach tree, this beach was also the south west corner bound, of the south westerly thirty acre lots in Salisbury, & was then well spotted and marked. I also shew him the head line of Salisbury which run northerly from that bound on the west side of the two upper thirty acre lots in the south range, ( one of said lots is now known to belong to the Straw farm ) and on that course I shew him a spotted line as far north (as near as I can judge ) as two thirds of the way across the west end of Salisbury which I then told Gerrish, was the west end line of said town, this line was very well spotted and Colo Gerrish examened it very closely .-
I further testify that some time in the year 1796 ( if I recollect right ) I assisted Capt Joel Eastman as one of the Selectmen of Salisbury ( as he said ) in halling and placeing a large stone where the within named beach tree formerly stood which was then recognized as the south west corner bound of Salisbury & south east corner bound of Kearsarge Gore.
Question, by Samuel Eaton : Was any part of that farm now called the Straw farm, cleared up, when you shew Colo Gerrish the line and bound ?
Answer, by the Deponent : I can not recollect certainly as to that point.
JAMES EASTMAN.
Henniker, April, 1, 1817.
State of New Hampshire, ! Hillsborough, SS.
On the first day of April in the year of our Lord one thousand eight hundred and seventeen, James Flanders, Esquire appeared, before us, the subscribers - Justices of the Peace & quorum unus-and made solemn oath that the foregoing deposition by him subscribed, contains the truth, the whole truth and nothing but the truth relative to the points for which it was taken. The deposition was taken in Perpetuam Rei Memoriam.
JOSHUA DARLING, { Justices of the Peace, OLIVER NOYES, S Quorum unus.
From what we are able to learn, we conclude that Parker Noyes, Esq., and Thomas H. Pettengill, Esq., were the counsel
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HISTORY OF SALISBURY.
for the parties. If so, it is quite probable that the following questions, which were raised by the committee of the proprie- tors, Benjamin Little and Andrew Bowers, were put by their attorney, Mr. Pettengill, and answered, most certainly, by Mr. Noyes.
Question 1. Does Salisbury by assuming a line beyond what the charter con- tains give them a right to the soil ?
Answer. If the Proprietors of Salisbury in making the bounds of their grant did go beyond the exact measure mentioned in the grant, and the Grantors, knowing the same, acquiesced for a time long enough to give title by possession, or in any way recognized those bounds, as bounds, the Proprietors of Salisbury will hold to those bounds.
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