USA > New Hampshire > Merrimack County > Warner > The history of Warner, New Hampshire, for one hundred and forty- four years, from 1735 to 1879 > Part 10
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The proprietors met agreeably to the above warn- ing, May 24, 1792, and chose Nathaniel Bean, Esq., moderator.
" att the same meeting voted to chuse a committee of three to Examine the former votes of the proprie- tors and See what part of them is Necessary to be Ratified and make a Report at the adjournment of this meeting."
Nathaniel Bean, Lt. Wm. Ring and Richard Bart- lett were chosen said committee.
" att the Same meeting, voted to chuse a committee to Bring an action or to Support one in Behalf of the proprietors with those on Lands not claiming them under almesbury proprietors."
Simeon Bartlett, James Flanders, and Nathaniel Bean were chosen.
" att the Same meeting, voted that James flanders Esq. and Mr. Tappan Evans be a committee to Dis- pose of a gour of land by Mr. Moses Clements."
FINAL MEETING.
The last legal meeting of the proprietors was at the house of Levi Bartlett, in Warner, March 29, 1830. The record of this meeting is in the words following :
175
FINAL MEETING.
" Met according to warning and chose Dea. David Heath, Moderator, and Levi Bartlett, Clerk.
"On motion of Benjamin Evans Esq .-
" Resolved, That it is expedient to discontinue the proprietors' meetings in Warner, and to choose an agent to take the notes and collect the funds of the proprietors, pay all demands against them, and divide the money that remains equally among the legal proprietors.
" The above Resolution was carried in the affirmative, and Stephen Bartlett was chosen to take the funds and dispose of them as directed above.
" Then the meeting adjourned.
Levi Bartlett, Clerk."
Thus ended the work of the proprietors of Warner. Much of shadow and but little of sunshine had been found in it. Ninety-five years had elapsed since the first grant of the township had been made. All of the original grantees, and most of the men and women of the next generation, had gone to
"That undiscovered country, from whose bourne No traveller returns."
Many of those grantees, unlike the prophet of old, never so much as beheld the promised land ; but their descendants, generation after generation, have caused the hills and valleys of Warner to teem with plenty, and to echo the voices of contentment and gladness.
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CHAPTER XIV.
1
THE INTERMEDIATE STATE-FIRST MEETING OF THE SETTLERS FAST DAY-REV. MR. KELLEY CALLED-HIS SALARY-HIS ORDINATION-THE FIRST JURYMAN-TOWN CHARTER.
AVING pursued the proprietors of township Number One, in the line of towns, through their many tribulations, to the end of their authority and the termination of their existence as a legal or- ganization, the reader is now invited to go back and consider the transactions of the settlers in the town- ship.
In December, 1770, the inhabitants,-the settlers of the town then generally called New Almsbury,- met together for the first time to take action concern- ing their affairs. Hitherto all their municipal matters have been managed by the proprietors of the town- ship, most of whom lived in another province. Now the occupants of the soil begin to be heard. The pro- prietors may control their own property in the town- ship, whether held by them in common or individ- ually, but may not longer control the general affairs of the settlers.
177
THE INTERMEDIATE STATE.
There is yet, however, no legal town organization. No act of incorporation has been passed. Hence no tax can be collected, no road or bridge can be built, no school can be supported, except by voluntary con- tribution. This period, from 1770 to 1774, may be called the intermediate state. It stands between the legal authority of the proprietors over the inhabitants on the one hand, and the legal town organization on the other. The town is not only not yet organized, but it has no name,-no legal name. It was granted by Massachusetts as township Number One, but that grant fell for want of jurisdiction on the part of the grantor, and another grant, from another party, had to be obtained. The proprietors, being residents of Amesbury, Mass., and that vicinity, generally called the town New Almsbury (spelling the name, for some unaccountable reason, with an l). But in convey- ances of land and other legal documents, up to the time of its incorporation in 1774; the town is called " New Almsbury or township Number One."
It is probable that the Rye proprietors (if they had gone forward, settled, and organized the town) would have given it the name of Jennestown. But the town has never absolutely been known by that name, though it may have been indifferently called by it in certain cases. So it was called, occasionally, by the Masonian proprietors, "Rye Town." And on an old English map, made from the survey of Mitchell and
1.
178
HISTORY OF WARNER.
Hazzen in 1750, it is distinctly marked at the foot of " Kyasage," and there called Rye Town. But the only established legal name that the town ever had is the one it now bears.
FIRST MEETING OF THE SETTLERS.
The first public meeting of the settlers of the town was held in the meeting-house at the Parade, Decem- ber 27, 1770. This meeting took action only in re- gard to the religious affairs of the parish. At that time the town and church were one. The record of the proceedings of that meeting is given below, in full, and is as follows :
" Whereas the Proprietors of a tract of land usually known by the name of New Almsbury in the Province of New Hampshire, by Nehemiah Ordway, Simeon Bartlett, and Daniel Morrill, their committee, have promised and engaged to pay ninety Dollars for the first year, and sixty dollars a year for the four years next fol- lowing, and thirty dollars for the sixth year, to be applied to the support of a Gospel Minister in said New Almsbury and to sup- plying the same place with preaching till such Minister can be settled therein, provided such Minister be ordained and settled within two years from this time ;
"And Whereas, said Proprietors have further engaged a right of Land as a Proprietors' Share in said New Almsbury, to the first Ordained Minister in the same place, and also the Improve- ment [use ] of an other Right or Share in said New Almsbury, as a Parsonage during his continuance in the Ministry there; in consideration of said promises and engagements of the Proprie- tors aforesaid, and in consideration also that Isaac Waldron, Isaac Chase, and Joseph Sawyer, a committee chosen and appointed by the majority of the inhabitants of said New Almsbury will use their best endeavors that an Able and Learned Minister of the Gospel, approved by the Pastors of the neighboring Churches,
179
FIRST MEETING OF THE SETTLERS.
may be settled and ordained in said New Almsbury according to said proposal of the Proprietors aforesaid : We whose names are hereunto subscribed being inhabitants of said New Almsbury and being willing to encourage and promote so laudable a design ; Do promise each for himself to pay to the said Isaac Waldron, Isaac Chase, and Joseph Sawyer, or to the survivors of them our just and ratable proportion, according to our respective estates, of whatever sum or sums of money shall be needed to defray the charges of hireing some Preacher qualified as aforesaid to preach in said New Almsbury on probation for settlement, and also for the settlement and Ordination of said minister, and also for his yearly Salary or allowance afterwards; Said Minister to be chosen and his Salary appointed by the majority of the inhabi- tants of said New Almsbury, and the allowance per day to Preachers as by custom to be the price to be paid, and if any- thing further be given for the encouragement of a Minister to settle among us the same shall be by agreement by the inhabi- tants, and all charges or sums of money to be paid by us as afore- said shall be assessed by the said Waldron, Chase, and Sawyer, or their survivors in the same manner as the Province Taxes are by Law assessed, and paid by each of us respectively our said Tax within one calendar month from the time we are notified of the same ; provided the Proprietors aforesaid shall well and faith- fully perform all of their several promises and engagements, and that we shall and may have the full benefit of the money which thereby shall be paid by said Proprietors, the same shall be de- ducted, when paid, out of the Salary of said Preacher or minister, and our several assessments abated in proportion to the money so paid by said Proprietors, and that all of the money paid by us and the said Proprietors shall be faithfully applied to the support of the Gospel in said New Almsbury. And in case no minister of the Gospel shall be Ordained in said town within the space of two years, or in case the Proprietors aforesaid shall neglect to pay any sum by them promised for the term of one year from the time said money was to be paid, in either case the promise by us made shall be Void as to all time to come, but shall stand good against us for all debts due any Gentleman for preaching in said town by us engaged. Provided further that this writing shall be of no force against any Subscriber of the same unless Nine Tenths
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HISTORY OF WARNER.
in number of the present inhabitants of said New Almsbury shall subscribe the same ; and in case of failure of performance by either of us subscribing, of any of the articles according to the true intent and meaning of the writing, then we are each of us to for- feit for each and every such failure of his own, ten pounds, Law- ful money, to be collected by the said Waldron, Chase and Saw- yer, said money to be applied to the support of the Gospel as above directed.
"In consideration of all the articles above written, we have hereunto subscribed our names, this 27th day of December, 1770."
Though the meaning of the above bond or obliga- tion is somewhat obscured by verbiage, the reader will probably be able to comprehend it. It has been thought best to give it in full here, as it is em- braced in the proceedings of the first meeting of the settlers. Forty-five names are appended to the docu- ment. They are substantially the names that appear on a former page, in the list of early settlers, and they need not be repeated.
At a meeting of the inhabitants of the township, held Feb. 14, 1771, Joseph Sawyer acting as moder- ator,-
" Voted that Mr. Nehemiah Ordway stay one day more.
" Voted that the committee designated in the Bond for provid- ing preaching, shall send for Mr. Wm. Kelley to preach here three Sabbaths, and that Mr. Joseph Sawyer shall board the min- ister."
At another meeting of the inhabitants, held May 14, 1771, Francis Davis acting as moderator,-
"Voted to hire three days preaching ;
" Also, voted that Mr. Daniel Flanders shall keep the Settlers' Bond, taken from Daniel Gale's of Concord."
181
FAST DAY.
This was a bond given by the settlers to the pro- prietors of the town, for the fulfilment of their obli- gations in relation to building houses, clearing lands, and making improvements generally upon their gift- lots. It had been several years in the custody of Mr. Gale.
At another meeting of the inhabitants and free- holders of New Almsbury, held at their meeting-house Sept. 26, 1771, Francis Davis acting as moderator, and Daniel Flanders as clerk,-
" Voted to hire Mr. Kelley six Sabbaths from this date, and that Joseph Sawyer board Mr. Kelley during said term of time."
FAST DAY.
At the same meeting,-
" Voted that Mr. Kelley appoint a Day of Fast, and that Mr. Isaac Waldron go to the neighboring Ministers and invite them to attend said Fast."
There is no evidence on record going to show that Isaac Waldron saddled his horse and pushed off to Salisbury, to Boscawen Plain, to Hopkinton, and to Henniker, to invite the ministers of those towns up to this fast,-no evidence, in fact, that Mr. Kelley appointed such a day in accordance with the above vote. Fasting has, in all ages and among all nations, been resorted to in times of mourning and sorrow. Joshua and the elders of Israel remained prostrate before the ark from morning until evening, without eating, after the Israelites were defeated by the men
182
HISTORY OF WARNER.
of Ai. The king of Nineveh, terrified by Jonah's preaching, made an order that not only the men, but the beasts also, should continue without eating or drinking. The Jews, in times of public calamity, made even the children at the breast fast. But no good reason appears for this Fast day in Warner. The inhabitants had got through the Red sea. Neither war, pestilence, nor famine stalked abroad in the land. The harvests of 1771 were abundant. The infant town of New Almsbury was rapidly filling up with substantial settlers. The second meeting-house had been just erected, and all the people were attending upon the . ministrations of the sanctuary. The young clergy- man, who was soon permanently settled over the parish, was popular in the pulpit and fascinating in manner out of it. There was every reason for thanks- giving, but none whatever appears for fasting.
MR. KELLEY CALLED.
The inhabitants met at their meeting-house Nov. 4, 1771, and after choosing Francis Davis, moderator, and Daniel Flanders, clerk,-
" Voted to give Mr. William Kelley a Call to Settle in the Ministry in this place, and that our said committee, Waldron, Chase and Sawyer, shall extend the call to Mr. Kelley in behalf of the Inhabitants."
At this and a subsequent meeting, held Dec. 17, 1771, the salary and maintenance of Rev. Mr. Kelley were fixed by the following votes :
183
MR. KELLEY CALLED.
" Voted to give Mr. Kelley for the first year 40 pounds, lawful money, and to rise one pound ten shillings a year, for 13 years and four months, or till his Salary shall amount to sixty pounds a year, lawful money.
" Voted, also, to give Mr. Kelley $100, in labor at two and six- pense per day, or if dinners are found, the work to be performed at 2 shillings per day.
" Voted, also, to give Mr. Kelley 20 cords of Wood annually to be cut and hauled to his door.
" Voted, also, to cut down and clear the trees from three acres of land each year, for three years, on Mr. Kelley's Lot-and that said nine acres of land shall be cleared by a tax on the Inhabi- tants at the rate of $7.50 per acre-workmen to be hired at 2s. 6d. per day and commence their day's work at 7 o'clock in the morning."
This salary looks small to the people of the present day, but, if it was paid promptly, it was sufficient. It afforded the family of Mr. Kelley ample support. Money was money at that time.
The regular salary was forty pounds a year, which was $133.33. Then they added $100 a year in labor at " two and six" a day, the laborer " finding himself." This was laid out about his buildings, and in general farm work. Then they added twenty cords of wood annually, cut and hauled to his door ; and then, again, in addition to all this, they were to clear three acres of land a year on his farm for three years. These payments, in the aggregate, amounted to not less . than $275, which was as good as $800 or $1000 now.
But this is not all, for they voted to rise $5 a year
184
HISTORY OF WARNER.
for thirteen years and a third, or until the direct sal- ary should amount to sixty pounds, or $200, a year. While this (if paid) yielded Mr. Kelley a fair support, the settlers were not ground down by heavy taxation. The proprietors paid $90 of this sum the first year, sixty dollars a year for the next four years, and thirty dollars for the sixth year. After the sixth year they left the inhabitants to go alone.
ORDINATION.
Rev. William Kelley was ordained and settled in New Amesbury, Feb. 5, 1772. This appears among the records of the proprietors in a former chapter. A church was organized at the same time, a full account of which, and of its several pastors, will be found un- der the head of " Ecclesiastical History."
The only record in the books of the inhabitants, referring to the ordination, is found in their doings at the annual meeting, held March 25, 1772. At this meeting, Isaac Chase acting as moderator, and Par- menas Watson as clerk,- .
" Voted to allow Mr. Isaac Waldron's account for pro- & s. vision he made the Ministers at the Ordination,- 2- 1
"Voted to allow Isaac Chase's account for board of Min- isters and other services performed for the town,- 1-11
"Voted to allow Mr. Joseph Sawyer for board of Mr. Kelley, and other services for the town, all lawful money-
£ s. d.
"Voted to raise to defray the necessary charges of the year, lawful money-
3-3- 3 & s.
52-10
185
ORDINATION.
At this meeting, Daniel Flanders, Seth Goodwin, and Daniel Flood were chosen assessors, and Jacob Tucker collector, for the year. Their duties had reference simply to the matters of the church. No selectmen or other officers were chosen for the gen- eral management of town affairs during the continu- ance of this intermediate state.
The sale of the pews in the meeting-house, which occurred in September, 1772, has already been set forth among the transactions of the proprietors.
At the annual meeting of the inhabitants, March 30, 1773, Isaac Chase was chosen moderator, and Dan- iel Flanders, clerk. Dea. Parmenas Watson, Francis Davis, and Dea. Nehemiah Heath were chosen asses- sors "to take Invoice and make out the Rates." Jacob Tucker was again chosen collector.
The assessors were instructed to carry the town inventory to the office of the secretary of state. This was done under the direction of the royal government of the province.
A meeting of the inhabitants was held June 17, 1773, by virtue of a warrant from John Goffe, Esq., for the purpose of raising a province tax. The sum required of the town of New Amesbury was £3 16s. lawful money.
At the annual meeting of the inhabitants, March 29, 1774, Isaac Chase was chosen moderator, and Daniel Flanders, clerk. Capt. Daniel Flood, Lieut.
186
HISTORY OF WARNER.
Jacob Waldron, and Isaac Chase were chosen asses- sors, and Jacob Sawyer, collector.
"Voted to raise £54 lawful money, to defray all expenses of town and for preaching above the 18 pounds to be received from the proprietors for preaching."
"Voted that we should be glad to have the town Incorporated and that the Assessors send a letter to the Proprietors to see what they will do about having it incorporated."
. The condition of affairs was not satisfactory during this period. Perhaps there was not much actual dis- order in town, but there was wanting that wholesome fear of law which has been found essential in all com- munities. There could be no compulsion, for the town government that then existed was simply the voluntary association of men. Hence the inhabitants would be " glad to have the town incorporated." The proprietors, it will be recollected, had already initiated steps looking to this end.
THE FIRST JURYMAN.
At a meeting held June 14, 1774,-
"Voted to allow Dea. Nehemiah Heath's account of Eight Shillings, and nine pence, Lawful money, for his services as Jury- man to Amherst."
In the account of this meeting is the following · record :
" This day Stephen Edmunds appeared at town meeting and acknowledged it to be the first time that he ever appeared at a town meeting in this town."
187
CHARTER.
It is not quite clear whether this fact was an- nounced by Mr. Edmunds in a feeling of exultation, or confessed in a spirit of contrition.
At the next meeting of the inhabitants, which was held July 14, 1774,-
" Voted that the Records which have been destroyed by Fire, in consequence of the burning of the present Clerk's house, shall again be recorded as he has collected them, and stand good."
"Voted that Captain Francis Davis shall go and get the town Incorporated, if the Proprietors will find the money to do it with." [The proprietors did find the money.]
" Voted that Captain Daniel Flood shall keep the Covenant Obligation, for us, the inhabitants of New Almsbury." [This is supposed to refer to the Church Covenant, and this is the last vote ever given by the town in its inchoate state.]
In September, 1774, Francis Davis went on his mission to the seat of the provincial government at Portsmouth. There he was joined by Ezekiel Evans, of Salisbury, Mass. (agent for the proprietors), whose mission, like his own, was to get the town incorpo- rated. They found no insurmountable obstacles in their path, but were entirely successful in their un- dertaking. They obtained the following
CHARTER.
Province of George the Third by the grace of God of New Hampshire § Great Britain France and Ireland King De- fender of the Faith, &c.
To all People to whom these presents shall come-
Greeting.
Whereas our loyal subjects Inhabitants of a Tract of Land within our Province of New Hampshire, aforesaid, commonly called and known by the Name of New Almsbury, containing by 13
188
HISTORY OF WARNER.
estimation about six Miles square, have humbly petitioned and requested Us that they may be erected and incorporated into a Township and enfranchised with the same powers and privileges which other Towns within our said Province by Law have and enjoy, and it appearing to us to be conducive to the general Good of our said Province as well as to the said Inhabitants in particu- lar, by maintaining good order and encouraging the culture of the Land that the same should be done-
Know ye that We of our special grace, certain knowledge, and for the encouragement and promotion of the good purposes and ends aforesaid, by and with the advice of our trusty and well be- loved John Wentworth Esq. our Governor and Commander in Chief of our said Province and of Our Council of the same, have created and ordained, and by these presents for Us Our Heirs and Successors, do will and ordain that the Inhabitants of said Tract of Land and others who shall improve and inhabit therein hereafter, the same being butted and bounded as follows, viz :-
Beginning at a place called and known by the name of Contoo- cook, thence running North fifteen degrees West six Miles, then running from each end of the Line, West five degrees South, six miles, then crossing and running over on a Straight Course from one end of these last mentioned lines, at the end of the said six miles, to the other, so as to make up the quantity of six Miles square and no more, Be and they are hereby declared to be a Town Corporate, by the name of-
WARNER,
To have continuance forever, with all the Powers and authorities, Privileges, immunities and Franchises which any other Towns in our said Province by Law hold and enjoy, to the said Inhabitants or those who shall hereafter inhabit there, and to their successors forever, always reserving to Us Our Heirs and Successors, all White Pine Trees that are or shall be found being and growing upon the said Tract of Land fit for the use of Our Royal Navy. Reserving also, unto Us our heirs and Successors the power of dividing said Town when it shall appear necessary and conven- ient for the Inhabitants thereof-
Provided nevertheless, and it is hereby declared that this Char-
189
CHARTER.
ter and Grant is not intended and shall not in any manner be construed to affect the private property of the soil within the limits aforesaid :-
And as the several Towns within our said Province are, by the Laws thereof, enabled and authorized to assemble, and by Major- ity of the voters Present, to chuse all officers and transact such affairs as in the said Laws are Declared, we Do by these Presents nominate and appoint Captain Francis Davis to call the first Meeting of the said Inhabitants to be held in the said Town at any time within sixty Days frome the Date hereof, Giving Legal Notice of the time and Design of holding such Meeting, after which the annual Meetings for said Town shall be held for the choice of said officers and the Purposes aforesaid, on the First Tuesday in the month of March annually.
In Testimony whereof We have Caused the seal of our said Province to be hereunto affixed.
Witness our aforesaid Governor and Commander in Chief, this third day of September, in the 14th year of our Reign Annoque Domini 1774.
By His Excellency's Command, Theo. Atkinson, Sec'y.
J' Wentworth.
CHAPTER XV.
NAME OF THE TOWN-DANIEL WARNER-COL. SETH WARNER- HIS CHARACTER AND SERVICES.
₼ HE names of towns are often brought by the first settlers from the homes they left. Thus, to hun- dreds of towns in New England and to thousands in the country, English names have been applied. Thus Hopkinton, Salisbury, and Bradford came by the names they bear. Towns are also frequently named for persons of character and worth. Boscawen takes its name from Lord Boscawen of the British navy ; Webster takes the name of the foremost man of America ; Wilmot received its name from Dr. Wil- mot, an Englishman, who at one time was supposed to be the author of the celebrated Junius papers ; Hen- niker received its name from Gov. Wentworth, who conferred it upon the town in honor of his friend, John Henniker, a merchant in London, and a mem- ber of the British parliament when that town was incorporated.
Warner, New Hampshire, was the only town by
191
NAME OF THE TOWN.
that name in the United States till a recent date. There is no other now east of the Alleghany Moun- tains, and but one west of those mountains by that name. The author of this volume has no doubt that this name was conferred upon his native town in recognition of the services of Colonel Seth Warner, the champion of the New Hampshire Cause in the mem- orable contest between this province and that of New York. The late B. E. Harriman never entertained a doubt that the town received its name from this source. The writer never heard such doubt ex- pressed till a few years since ; so, in 1870, he pre- pared so much of this chapter as relates to Col. War- ner, to be woven into a history of the town, which the late H. H. Harriman, at that time, had some thought of writing.
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