USA > New Hampshire > Merrimack County > Warner > The history of Warner, New Hampshire, for one hundred and forty- four years, from 1735 to 1879 > Part 8
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Damil Damare
137
A NEW GRANT.
parents had remained at the home of their early wed- ded life a very few months longer than they did, his · birthplace would have been Warner. It is thought that he is fairly entitled to recognition in the history of the town.
Daniel Barnard, after attending the district school at Orange, became a student at Canaan union acad- emy, where he nearly fitted for college. Subsequent to this he was a pupil of the late William Russell, who established a Normal Institute at Reed's Ferry, and who also received private scholars. From the age of 18 to 25 he taught schools a part of the year in the towns of Groton, Lyme, Grafton, Enfield, Orange, and Amherst. In January, 1848, he was twenty-one years of age, and in the March following (when his first vote was cast) he was elected as repre- sentative to the General Court. He continued to represent the town for four years in succession. Dur- ing this membership in the legislature, he concluded to pursue the study of the law, and at the close of the session of 1851 he entered the office of Hon. Geo. W. Nesmith and Hon. A. F. Pike, at Franklin, where he has since resided. He was admitted to the bar in Octo- ber, 1854, and he at once formed a partnership with Mr. Pike, which continued till the spring of 1863. He was elected as representative from the town of Frank- lin in 1860 and in 1862, and to the Senate, from the eleventh district, in 1865 and 1866, and was president
138
HISTORY OF WARNER.
of that body the latter year. He was elected coun- cillor from the third district in 1870, and again in 1871. He was a member of the Philadelphia Con- vention in 1872, which nominated Gen. Grant for his second term. He was appointed county solicitor in 1867, but declined a reappointment in 1872. The appointment was again tendered him in 1877, but de- clined. He has been a trustee of the Franklin Sav- ings Bank since its organization in 1865, and clerk and legal counsel of the Franklin Falls Company since its organization in 1864, and for seven years past its agent. He is a widely known and successful lawyer.
Mr. Barnard married, Nov. 8, 1854, Amelia Morse, only daughter of Rev. Wm. Morse, then of Chelms- ford, Mass. Seven children have been born to this couple, six of whom are now living.
ORGANIZING UNDER THE GRANT.
An application was now made to a justice of the peace for a warrant to call a legal meeting, and a copy of the justice's warrant here follows :
Province of
New Hampshire. S Whereas, application has been made to me, one of His Majesty's Justices of the Peace for the Province, by the owners of more than one sixteenth part of a Township, No. One-called New Amesbury in the said Province, which has been granted of late to Capt. Jonathan Barnard and others by the Proprietors of Mason's Right, that a meeting of the proprie- tors may be called :---
This is therefore to notify all the Proprietors to meet together
139
ORGANIZING UNDER THE GRANT.
at the house of Mrs. Esther Colby, Inholder in Amesbury in the Province of Massachusetts Bay, the 17th day of February, at one o'clock P. M. to act on the following particulars, viz :-
First, to choose a moderator :-
2d, to choose a proprietors' clerk :-
3d, to vote a confirmation of what the proprietors have hereto- fore agreed upon :-.
.
4th, to choose a committee to call meetings and empower them to settle accounts and collect in delinquents' money and pay out where due.
Philip White, Justice of the Peace.
So. Hampton
Feb. 2, 1768.
Agreeably to this warning the proprietors met, and made choice of Thomas Rowell for moderator, and Nehemiah Ordway for clerk.
At the same meeting, voted that Francis Davis have the saw-mill, iron-work, and mill privilege, the same as had been laid out by the committee.
Voted, also, to confirm many votes previously passed. Chose Increase Morrill, Francis Davis, and Ezekiel Evans a committee to visit the settlers, and see if they have fulfilled their contract, and if not, to forbid them to proceed any further ; and if any have taken more land than was granted them, to warn them off.
It is evident from one of the foregoing votes, that Francis Davis had completed a grist-mill at this time, for a committee had been previously appointed to make sale of the saw-mill and privilege for the most they would bring, and oblige the buyer to build a grist-mill. So, from about this time forth, the rum- 10
140
HISTORY OF WARNER.
bling of the millstones has been a familiar sound within our borders.
At the annual meeting, March 22, 1768,-
Voted to raise 3 pounds and 12 shillings ($12) on each right, to pay the Masonian proprietors and to meet the charges of the present year.
During the years 1768 and 1769 many bills were paid by the proprietors for services of committees, for the relief of settlers, for preaching, for the township of land, and for various other purposes. A few of these bills are here transcribed :
Widow Esther Colby, expense of several meetings, Mr. Ferrenton Preaching and expense of meetings, 6- 2-4-0 Ezekiel Evans Collecting taxes, 1768- 6- 0-0-0
Ezekiel Evans for going to Portsmouth to get the Charter of Mason Proprietors- 3-17-7-1
Dr. Nehemiah Ordway for services rendered to Jacob Rowell for cramps
4-10-8-0
Timothy Walker for preaching-
4-16-0-0
David Morrill for Iron work
1- 0-0-0
Ordered to pay to George Jaffrey
180- 0-0-0
Nehemiah Ordway, Jr. for preaching,
5-12-0-0
Capt. Jonathan Barnard, services
2-14-0-0
Francis Davis work on highway
2- 0-9-0
Ezikiel Evans for clearing way to Perrytown
2- 8-0-0
Daniel Annis plank for dam
0-15-0-0
Simeon Bartlett services as assessor
0- 9-0-0
Barnard Hoyt for services in New Almsbury
5- 3-6-0
Voted to give to Seth Goodwin $15, under his distressed cir- cumstances.
£ s. d. q.
1-11-0-0
-
CHAPTER X.
DELINQUENT RIGHTS-SECOND MEETING-HOUSE-ANOTHER TOWN -TRESPASSERS-RUNNING THE LINES.
FTER the large assessment was made in 1768 to pay the Mason proprietors, and after it was seen that another heavy assessment must be levied to dispossess the Rye people of their claims in the town- ship, many of the Amesbury proprietors allowed their rights to be sold for taxes. Indeed, before 1768, a number had become weary of taxation and of strife, and had allowed their rights to go, under the hammer.
From the year 1764 to the year 1769, twenty-three out of the sixty original rights or shares were sold to pay taxes on the same. The sales averaged only about $15 to a share. No further proof is necessary, to show that as a speculation the investment in the township was a failure. Each proprietor had paid at least twice $15 on his right.
In 1768 and the next year the proprietors frequent- ly met for the transaction of business. It was an un- usually busy period with them. Settlers on the gift- lots were confirmed in their titles; committees were
142
HISTORY OF WARNER.
chosen for re-surveying those lots, for laying out high- ways, for examining bounds and rectifying mistakes, for laying out another division of eighties, and another of sixties. The details of these transactions might not be interesting to the reader : they are therefore omit- ted.
In the year 1768 another tax of $2 was ordered on each right.
In the year 1769 the province of New Hampshire was divided into counties, five in number, viz., Rock- ingham, Strafford, Hillsborough, Cheshire, and Graf- ton. The public business had all been done at Ports- mouth previous to this, and it was done there some little time afterwards, as the machinery of the coun- ties did not at once get to running.
SECOND MEETING-HOUSE.
In the warrant for a meeting of the proprietors in the house of James French, innholder, in South Hampton, June 28th, 1769, the fourth article to be acted upon was in these words :
"To see if the Proprietors will do anything towards building another Meeting House in the township."
On this article the following action was taken :
" Voted to build a meeting house in the township." At the annual meeting in March, 1770,-
"Voted to raise $60 to build the meeting house, and that Ezekiel Evans and Ezekiel Dimond be a
143
SECOND MEETING-HOUSE.
committee to see that the $60 be laid out for said purpose."
The first house had but a brief day. It was de- stroyed by fire, no one knows how. It could not have been an act of incendiarism committed by the Indians, for they had retired forever from Warner before this time. It could hardly have occurred accidentally, be- cause the house was seldom occupied, and there was in it no fireplace or other provision for heating. The poor old edifice may have been the victim of a dispute or controversy, as many a one, both before and since, has been. But no insurance company was "broke " by this fire, and no great loss was suffered, for the building was poorly constructed of unhewed logs. It had in it not a single pane of glass, nothing but the merest apology for a pulpit, and not a pew of any kind.
The second house was erected in the old cemetery, on the exact site of the first. It was a frame building, 24 feet by 30, one story high, without a steeple, boarded on the sides, and covered on the top with long split shingles. It faced the Gould road, the door being at the middle of the front side, and the pulpit at the back side. It was rather uncomely in appear- ance, but far less so than its predecessor. After the timber was partly prepared for this second meeting- house, and the nails were on the ground, a " bee " was made, to which all the people were invited, and the
144
HISTORY OF WARNER.
house was raised and substantially completed in a day. This was in the summer of 1770.
The seats, at first, were rough benches, but in Sep- tember, 1772, the "pew-ground" was sold, and the proceeds of the sale went for the further finishing of the house. At the same time the assemblage
" Voted that there should be six pews at ye fore side of ye meeting house, and four at ye back side, and two long pews-one at each end of said house."
At the same meeting the unmade pews were sold at public vendue, to raise money for the making of the same. Captain Daniel Flood, who had a gift for that position, acted as auctioneer.
Pew No. 1 was struck off to Francis Davis at 19 shillings ;
No. 2 to Abner Chase, at 20 shillings ; No. 3 to Dea. Nehemiah Heath, at 17 shillings ;
No. 4 (it being the long pew at the east end of the house) to Zebulon Davis, at 14 shillings ;
No. 5 to Joseph Currier, at 18 shillings ;
No. 6 to Seth Goodwin, at 23 shillings ;
No. 8 to Isaac Waldron, Jr., at 21 shillings, 6 pence ;
No. 9 (the long pew at the west end of the house) to Thomas Annis, at 14 shillings ;
No. 10 to Daniel Flanders, at 15 shillings ;
No. 11 to Richard Goodwin, at 21 shillings, 6 pence ;
No. 12 to Dea. Parmenas Watson, at 22 shillings.
Of course these pews were not to be finished in the highest style of workmanship, nor to be made of ma- hogany or black walnut. The lowest priced one sold for $2.33}, and the highest for $3.83}.
A part of the house was provided with benches for
145
ANOTHER TOWN.
those who did not feel able to own pews. It was felt that provision must be made for all, as the people of that day did not forsake the assembling of them- selves together on the Sabbath, as the manner of so many now is.
ANOTHER TOWN.
The reader is now invited back to the proprietors' meeting at South Hampton, June 28, 1769. At that meeting,-
" Voted that Capt. Jonathan Barnard and Nehe- miah Ordway, be a committee to send to the General Court, by some of the Representatives to see if they can get the petition granted that was sent in last year for another Township."
This application was, of course, to the General Court of Massachusetts, and not to that of New Hampshire, for the latter province was under no obli- gations to those proprietors. She had had no deal- ings with them. The proprietors held that Massachu- setts was indebted to them; that they received their first grant from that Province, which failed ; that they had been compelled to purchase the same township from the lawful owners; and that another party still was assuming a threatening attitude towards them. This was equity, if not good law. By the false step of Massachusetts the proprietors had been led
146
HISTORY OF WARNER.
into difficulty, and it was the duty of that province to lead them out, or in some way to make them whole.
Their application was favorably considered. The General Court of Massachusetts, by way of remuner- ation for their losses and labors, granted to the Salis- bury and Amesbury proprietors one half of the townships of Solon and Poland, in Maine. Maine, at this time, was a part of Massachusetts. Solon is on the Kennebec river, in Somerset county, and a few miles north of Skowhegan. Poland is in Androscog- gin county, near Auburn and Lewiston. They are both very respectable towns at the present time, but it is not known how valuable these grants became to the proprietors of Warner.
TRESPASSERS.
At the aforesaid South Hampton meeting, Simeon Bartlett, David Bagley, and Jonathan Barnard were chosen as a committee to prosecute trespassers.
At a meeting of the proprietors, in March, 1770,- " Voted that the settlers who have taken up 40 acre Lots, shall give security for them in one month's time from the above date, or be excluded from having one."
RUNNING THE LINES.
" Voted, at same meeting, that Henry Morrill and Barnard Hoyt be a committee to apply to the Pro-
147
RUNNING THE LINES.
prietors of Mason's Patten, to settle the Lines round the town purchased of them, and that said committee apply to the Lords' Proprietors for the above purpose, by the first day of May."
At an adjourned meeting, April 18th, the committee reported that " they had acquainted the Clerk of the Mason Proprietors, and that they would appoint a Surveyor at their next meeting to perform the busi- ness required."
" Voted that Ezekiel Dimond and Ezekiel Evans go with the surveyor to run the lines round the town."
In the records of a meeting of the Masonian or Lords' proprietors, held at Portsmouth, June 13, 1770, the following appears :
"Whereas there has been application to this Pro- prietary, requesting that the Bounds of the tract of Land sold to Jonathan Barnard and others, may be run and marked by a skilfull Serveyor, by order and Direction of the proprietors, ye Venders-and the charge of the Same to be defrayed by the Vendees or those who hold under them, Therefore Voted that Daniel Rogers Esq. and Mr. Peter Pearce be a Com- mittee to have the same performed at the Expense of aforesaid Vendees."
In due time these steps resulted in the thorough and systematic survey of the township which has been noticed in a preceding chapter, and which is
148
HISTORY OF WARNER.
referred to again in the following pages. It was the first proper survey of the township ever made.
In the warrant for a meeting to be held in Ames- bury, April 21, 1770, the following articles appear :
" To see if the proprietors will choose a man or men to carry on the Law-suit commenced by Increase Morrill against Jonathan Parmer of Chester for Tres- pass."
" Also, to do what is thought proper towards clear- ing a way from Boscawen to Perrystown."
At the meeting held under this warrant,-
" Chose Jonathan Barnard and Ezekiel Evans a committee to take advice of the Lords' Proprietors in relation to the Law-suit against said Parmer, and chose the said Evans to clear the way from Boscawen to Perrystown."
In the years 1770 and 1771 taxes were assessed, at one time, two dollars on each right; at another time, three dollars; and at another time, one. Highways were laid out in different sections of the town, but principally in the eastern and southern parts, and most of them leading to the meeting-house, the great religious and political centre. Some of these roads were decently made; others were made barely pass- able for cart and oxen; others were mere bridle- paths.
149
RUNNING THE LINES.
In 1771, the report of the committee on roads con- cludes as follows :
" Also, layed out a road between every Range in all the divisions except where they are altered by the points of Compass."
All the roads laid out in those years were to be three rods in width. It is a pity that this early ex- ample could not have been followed more closely in after years by the authorities of Warner.
Among the prominent and active proprietors of the township under the Masonian grant, were Jonathan Barnard, Benjamin Evans, Simeon Bartlett, Ezekiel Evans, Nehemiah Ordway, and Ezekiel Dimond. The history of these men, in all its details, would greatly interest the inhabitants of the town which they found- ed, but only a small part of that history is known to the present generation.
" Captain Jonathan Barnard, innholder," is briefly mentioned on a preceding page.
Capt. Benjamin Evans lived at Rocky Hill, Salis- bury, Mass. He was a large farmer, a tanner, and a dealer in cattle. He also served in the legislature of his native state, and was a sheriff many years. As a proprietor, he owned lands in Warner. Asa Harriman, who was his nephew, bought sixty acres of his land on the south side of the Mink hills, and named his first son for him.
Simeon Bartlett was a resident of Amesbury. He
150
HISTORY OF WARNER.
was a brother to Dr. Josiah Bartlett, one of the sign- ers of the Declaration of Independence, and one of the early chief magistrates of New Hampshire. Sim- eon was the father of Joseph, Richard, and Simeon Bartlett, who settled in Warner, and the grandfather of Levi, Stephen, Thomas H., and Col. Simeon.
Ezekiel Evans was a resident of Salisbury, Mass., and was a brother to Capt. Benjamin. The Ezekiel Evans, of Warner, was a distant relative of his.
Nehemiah Ordway resided in Amesbury, and was a doctor. He was proprietors' clerk a great many years. He visited Warner, and remained in town some months, perhaps a year, at one time. He had two adjoining lots in the North village, the one being the lot on which his great-grandson, John Ordway, re- sides. He was the father of Rev. Nehemiah, noticed in a former chapter, and of Bradshaw, who settled in Warner, and who was the father of Nehemiah and Samuel, recently deceased.
Ezekiel Dimond was originally from Amesbury. He was one of the proprietors of Warner, and was regard- ed at one time as a citizen of the town, though he had no permanent residence here. He settled on Di- mond's hill, in Concord, where he remained through life. He was the father of Israel, at Dimond's Corner, Ezekiel, in the Mirick neighborhood, and Isaac, at Joppa.
CHAPTER XI.
SETTLEMENT OF FIRST MINISTER-STEPS TOWARDS INCORPORA- TION-A CHURCH ORGANIZED-THE SURVEY-FIRST BRIDGE- PROPRIETORS' RECORDS.
T a meeting of the proprietors, in Amesbury, Nov. 14, 1770, Voted to pay a dollar and a half on each right for the first year, and a dollar a year on each right for the next four years, and fifty cents on each right for the sixth year, on condition that the inhabitants settle an orthodox minister in town within two years from December, 1770.
As there, were sixty rights on which this tax was to be assessed, this proposed aid from the proprietors would amount to the handsome sum of $90 the first year, $60 a year for the next four years, and $30 for the sixth year. The proprietors believed, of course, that the town would be rapidly increasing in numbers and wealth, and that the demand for foreign help to sustain the church would be growing less and less.
At the same meeting,-
Chose Nehemiah Ordway, Simeon Bartlett, and Dea. Daniel Morrill, a committee to treat with the
152
HISTORY OF WARNER.
settlers' committee in relation to settling a minister in town, and having constant preaching, according to the charter.
CONTRACT BETWEEN THE PARTIES.
" Almsbury March 13, 1771. Pursuant to the votes of the proprietors of New Almsbury, so called, in New Hampshire, at their meeting Nov. 14, 1770, at the Widow Esther Colby's, We the subscribers, in our capacity Do by these presents engage and bind ourselves to Isaac Waldron Joseph Sawyer and Isaac Chase all of New Almsbury aforesaid committee of the settlers in the sum of three hundred and sixty 'milled' dollars to be paid 90 dollars on or before December next, and 60 dollars a year for 4 years after December next, and 30 dollars in five years after December next which payment well and truly to be made we bind ourselves and successors in the penal sum of 108 pounds lawful money witness our hands in presence of-
Samuel Barnard Nehemiah Ordway
Benjamin Evans
Simeon Bartlett Committee."
Daniel Morrill
Two of the committee from the settlers had made a journey to Amesbury in the fulfilment of their mis- sion with regard to settling a minister. They met the committee of the proprietors, on the day above written, and then and there signed the contract in behalf of the settlers. It was in the words following:
" Almsbury, March 13, 1771. We the subscribers, Isaac Wal- dron Joseph Sawyer and Isaac Chase, committee of the settlers in New Almsbury in New Hampshire in our capacity Do by these presents bind and oblige ourselves in the sum of 108 pounds lawful money, to Dr. Nehemiah Ordway Simeon Bartlett, and Deacon Daniel Morrill of Salisbury, to be paid on or before De- cember, 1772 : The conditions of the above obligation are such
153
CONTRACT BETWEEN THE PARTIES.
that if the above said Isaac Waldron Joseph Sawyer and Isaac Chase or the inhabitants of New Almsbury shall settle a Learned Orthodox Gospel Minister in New Almsbury as above expressed on or before December in the year 1772, then the above obliga- tion to be void and of none effect, or else to stand in full force and virtue : In witness whereof we have set our hands the day and date above written :
In presence of-
Samuel Barnard
Benjamin Evans
Isaac Chase
Joseph Sawyer Committee."
This contract needs no explanation, as there is no ambiguity about it. It was religiously observed by the two contracting parties. The inhabitants of the township settled their " learned orthodox minister" ten months before the expiration of the time in which they had bound themselves to do this, in order to se- cure the stipulated sums from the proprietors to sup- port preaching, and the proprietors on their part promptly paid over every dollar, according to con- tract.
To be prepared to meet the conditions of this con- tract, the proprietors were obliged to levy additional taxes on the rights, and they, at their annual meeting in March, 1771,-
" Voted to raise 4 dollars on each right to defray the charges of the year.
" Voted, also, that Seth Goodwin have 28 acres more of land, if he will accept it in lieu of the 15 dol- lars voted him at a former meeting, under his distress- ed circumstances."
154
HISTORY OF WARNER.
What the distressed circumstances of Mr. Goodwin were, there is no living witness to tell. He may have been disabled by an accident; his family may have been sick ; perhaps his buildings were burned, or his " cattle died, and blighted was his corn;" or his gift- lot did n't " pan out " as well as he expected. But we may console ourselves with the reflection that it could not have been a very grave matter, for the proprie- tors, who were alive to every cry of distress, evidently thought that about fifteen dollars would make him whole. He lived at the Moulton place in Schoodac. At a meeting, May 29, 1771, --
" Chose Capt. Benjamin Evans, Nathan Currier, and Benjamin Osgood a committee to prosecute Trespass- ers on lands, or for cutting timber."
At a meeting, July 30, 1771, ordered,-
£ s. d. q.
To Mrs. Tarbiatha Barnard, for expenses of propri- etors' meetings- 0- 6-4-0
To Mrs. Esther Colby, for meetings at her house, 2- 2-6-0
To Nehemiah Ordway, Jr., for preaching, 1-10-0-0
For preaching in 1771-
16-10-0-0
At the same meeting,-
Chose a committee to renew the bounds of lots, so that they might be recorded in the proprietors' book ; and to see if those persons who had engaged to be- come settlers had complied with the terms of their agreement, and if not, to make a demand of their lots.
155
A CHURCH ORGANIZED.
STEPS TOWARDS INCORPORATION.
At Amesbury, October 24, 1771,-
Chose Ezekiel Evans and David Bagley a commit- tee to get the town incorporated.
At another meeting, held November, 1771,-
" Voted that Eliphalet Danford have the Interval laying in his Lot." (This intervale and lot belong to the Bagley farm, which is now owned by Samuel H. Dow.)
At the same meeting,-
" Voted that there shall be laid out a 40 acre lot for 'the first ordained minister,' near the Meeting House, and also, a 40 acre parsonage Lot and a 40 acre School Lot."
A CHURCH ORGANIZED.
A church was organized, and Rev. William Kel- ley was ordained and settled in New Amesbury (Warner), Feb. 5, 1772. A biographical sketch of Mr. Kelley will be found in a subsequent chapter. His home in Warner was on the road that leads up southerly from the Parade. He built his house after his settlement in town. It was a small, one-story building. After living in this several years, he added a two-story front, it being the first two-story frame house built in town. That front now stands in War- ner Lower Village, opposite John Aiken's. It was for- 11
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