Petition in relation to a certain tract of land. To his Excellency Bening Wentworth Esqr. Governour & Comander in Chief in & over his Majestys province of New Hampshire in New England, and to the Honoble his Majestys Council for said Province Humbly Shew the Inhabitants of the Town of Charlestown in the County of Middlesex in the province of the Massachusetts Bay That in the Year Sixteen hundred and Sixty by Vertue of an order of the Generall Court of the Province of the Massachusetts Bay, There was laid out a Tract of Land on the western Side of Merrimack River for the use of the School of Charlestown aforesaid Containing One Thousand Acres More or Less at a place Call'd by the Indians Souhaganack and within the Bounds of old Dunstable a Coppy of which Laying Out and the Bounds thereof is hereunto annext. That in the Year Sixteen hundred & Seventy one The Town of Charlestown obtained a Deed for the Same Land from three Indians Then Inhabitants near Merrimack River a Coppy of which Deed is Also hereunto Annext. That by the late Burning of the Boundary line Between the province of the Massachusetts Bay and New Hampshire the Said Tract of Land falls within the province of New Hampshire Wherefore the sd Inhabitants pray your Excellency and Honours That when you shall be pleased to Take Under Consideration the making any Grants of Confirmation the Said Tract of Land may be Confirmed to the Proprietors or at least no ways Infringed Upon by any New Grants that the Proprietors May be held in their Just Rights that the Needless Expence of Law Suits may be prevented and Your petitioner as In Duty Bound Shall ever pray &c Aug. 4, 1742. JOHN FOYE In the behalf of the said Inhabitants Indian Deed. To all People to whom these Presents shall come Greeting. Know ye that we Nimrod alias Ohkohhan Son of Robin Indian and Wunnuntogin Son of Pahphomo-hammunt Indian and John, Indian alias Jahkananunguiss son of wassarmemit, now Inhabitants of Naamcock on Merrimack River near Patucket, for and in consideration of a valuable sum of money to us and to each of us well and truly paid by the Selectmen of Charlestown in the behalf of their Town, the receipt whereof we do by these presents acknowledge and therewith to be fully Satisfied contented and paid and thereof and of every part and parcel thereof do fully clearly and absolutely acquit release and discharge the said Selectmen and Town of Charlestown their heirs and assigns forever by these presents have granted bargained and sold aliened enfeoffed and confirmed and by these presents do fully clearly and absolutely grant bargain and sell alien enfeoffe and confirm unto the said Selectmen and Town of Charlestown one parcel of Land containing by estimation one thousand acres, be it more or less, situate lying and being within the bounds and limits of Soughgenuck land lying near the upper end of the Second great Interval and on the South side the said River beginning at a great hill called Dram-cup-hill and so extending down the river about two miles and so to ly in every respect and particular according to the record of said thousand acres (abiding yet on file in the County records) granted by the honble General Court of the Massachusetts to the School of Charlestown. To have and to hold the above granted and bargained premises and every part and parcel thereof with all the privileges and appurtenances to the same appertaining or in any wise belonging both upland Meadow Interval-land Swamps Rivers, Brooks broke up land fishing places with all the benefits profits and Commodities of the same to the said Town and school of Charlestown and Selectmen thereof and to their heirs and assigns forever and to their and their only proper use and behoof and we the said Nimrod alias Tash-kobham Wunnuntogin and John alias Pakana-nunguiss for us and each of us our heirs administrators and assigns forever do covenant promise and grant to and with the said Town and Selectmen of Charlestown for the time being and so from time to time that we the said [Indians] (1) now are and of ancient times have been by our forefathers and near Relations the proper and true owners of the aforesaid Land, according to the best title that any Indians can claim, and that we have (And hereafter shall be ready the likes to do in case of need) made out our just right and title therein and thereto and that wee have good right full power and lawful authority to grant bargain and sell all Indian right Title and Interest therein or thereto unto the Said Selectmen and Town of Charlestown and that they the said Selectmen and Town of Charlestown shall and may at all times and from time to time forever hereafter quietly and peaceably have hold occupy possess and enjoy the above granted and bargained premises with all the profits and Commodities privileges and appurtenances to the same appertaining or in any wise belonging as aforesaid without the lawful Lett hindrance trouble molestation or denial of us the said [Indians] or either of us our heirs Executors Administrators or assigns of us or either of us or of any of them or of any other person or persons whatsoever lawfully claiming and having any Indian Right Title or Interest therein or thereto by from or under us or either of us or by any other ways or means whatsoever. In witness whereof we the said [Indians] have hereunto set our hands and seals this fourteen day of July in the year of our Lord God one thousand six hundred and seventy one. Nimrod alias Tashkohan, his mark and (1) Names as before. ED. a seal Pakanun guiss his Mark and a seal Wunnuntogin his Mark and a seal. Read, signed, sealed and delivered in the presence of us Joseph Whiting, Eleazar, Monoquasson Jacob alias Patatuck his mark Jonathan Danforth. July 15, 1671. Wunnuntogin and Pakana-nenguiss Indians late of Natakuck now of Wamesit freely acknowledged this writing to be their act and Deed. Daniel Gookin Assistant. July 15, 1671 Nimrod Alias Tashkohhan acknowledged this Instrument to be his act and Deed before me. Edw Tyng Assisst Charlestown Octobr 8th 1695. Entred by Sam' Phipps Record Copy from the Registry of Deeds for middlesex Book 10, page 425-6 Examd. by Fras. Foxcraft Regr At a Second Sessions of the General Court held at Boston ye 16th of October 1660 By Virtue of an Order of the Generall Court laid out for the use of the School of Charlestown, One Thousand Acres of Land more or Less in the Wilderness on the Western Side of Merremacke River at a place comonly called by the Indians Souhaganucke beginning at the foot of a great hill and so extending Eastward about Two Miles down the said River & bounded with the River North and by Land laid out for Mrs. Anna Cole on the East. The Wilderness elsewhere Surrounding according to marked Trees all which are Sufficiently bounded with C. and is more fully Demonstrated by a Plat taken of the same by Jonathan Danforth Surveyor The Court doth allow and approve of this Return Attest J. Willard Secy Petition in relation to conflicting town meetings. To His Excellency Benning Wentworth Esq' Capt. General Governor & Commander in Chief in & over His majesty's Province of New Hampshire the Honble His majestys CounCil & House of Representatives for said Province in General Assembly convened the 10th Day of May 1748 The Humble Petition of Joseph Blanchard of Dunstable in said Province in behalf of himself & other Freeholders & Inhabitants of the said Town Shews That on the 12th Day of March last past the Selectmen of Dunstable afores Issued a Warrant Directed to the Constable of said Town Requiring him to Warn all the Inhabitants of said Town who were Qualified to Vote in the choice of Town officers to meet the 30th Day of the same month to chuse Town officers for the Current Year. &c. That the Inhabitants of the said Town accordingly met & after some Debate Concerning the Qualifications of Voters in such affairs they proceeded to the Business of the meeting & fifty three then assembled who were Qualified according to the Laws by which they had heretofore been Govern'd who Divided into two parties thirty six in one & Seventeen in the other & each chose a moderator Select men & all other Town officers who are all sworn to the faithful Discharge of their Respective Offices whereby there are two or a Double set of officers for every office in the said Town the Evident Consequence of which is the utmost confusion-That there is an absolute necessity for Officers in the said Town Legally chosen & Qualified whose Authority there may be no Just Grounds to Dispute as well with Regard to the Province taxes as to those matters & things which more Immediately Concern the Town the Decision of which in the Common Course of the Law would be both tedious & Expensive and not answer the Exigencies of the Town. That these Inconveniences to the said Town are in a great measure owing to their particular Circumstances being but Lately Incorporated can have no Custom to Govern their proceedings in such cases And to the Defect of the Province Laws Relating hereunto. For your Petitioner cannot find there is any Law of this Province that Determines the Qualifications of Voters in such Town meetings for the Choice of Town Officers the only Law that Relates to that matter Says That the Free holders & other Inhabitants of Each Town Ratable at twenty Pounds Estate to one Single Rate besides the Poll &c. Shall Vote But there being no Law that Distinguishes what Estate is Ratable and what is not (which yet the very Term Ratable Estate supposes) the Directions of this Law in this case are Intirely useless That it would greatly Contribute to the Peace and Dispatch of such meetings if the Law was Express & Clear who should Govern them till a moderator is fairly chosen for in matters of Importance & when the People are Divided every man having an Equal Right to Govern they dispute as hotly about that as any matter they have to do In which point the Law is Intirely Silent and with Respect to Towns newly Erected no customs can have Existence (as was before hinted) But such as can have no operation that Such Places Especially must Labour under Insuperable Difficulties unless aided by the General assembly or the Standing General laws of the Province in this Particular amended Wherefore your Petitioner most Humbly Prays that the Premises may be consider'd with all Convenient DispatchThat the Choice made by the majority of the Votes afores may be confirmed and declared valid or that the whole proceedings may be nullified and a new meeting called under the Direction of the General assembly-and some Law Enacted that may Prevent the like Inconveniences for the future. And your Petitioner as in Duty Bound shall ever Pray &c In Council May 17, 1748 read & ordered to be sent down to ye Honble House Prov of New Theodore Atkinson Secy JOSEPH BLANCHARD. In the House of Representatives 17th May 1748 Voted that y Petitioner be heard on this Petition ye next Thursday come seven night & that he (at his own cost) serve both sets of Selectmen & both Town Clerks that were chosen on sd thirtyeth of March with a copy of this Petition & this order of Court between this Day & y next Fryday night that they may shew cause if any they have why y Prayer of y Petition should not be granted D. Pierce Clk In Council Eodem Die read & Concurred Theo Atkinson Secy Eodem Die Assented to B. WENTWORTH. Voted That ye whole Proceedings of ye Town of Dunstable at their meeting on ye thirtyeth of March last be nullified & made void and it is hereby order'd that a meeting be held by the Freeholders & Inhabitants of sd Town of Dunstable qualified to vote as is herein after mentioned on the third Wednesday of June next at ten o'clock in y° forenoon at y meeting House in sd Dunstable to choose a Town Clerk Selectmen & all other Town officers as Law Directs which meeting shall be warned by posting up a Copy of this order of Court attested by y Secretary at two publick Houses in sd Town ten Days at least before ye Time appointed for holding sd meeting and Capt Thomas Coleburn of Nottingham West is hereby appointed to be the moderator of sd meeting & to be paid for his Trouble therein by said Town of Dunstable and it is resolved that all Freeholders being Inhabitants & all other inhabitants ratable at twenty Pounds Estate according to ye last year's Invoice of sd Dunstable have a Right to Vote at sd meeting & that ye Petitioners have Liberty to bring in a Bill accordingly D. Pierce Cir Assented to B. WENTWORTH In Council May 27th 1748 read & non concurrd and Voted that the Several Votes Past at the meeting within mentioned of which Magr. Zacheus Lovwell was moderator be & hereby are ratifyed & Confirmed & that the respective officers ellected at the said meeting be Deemed the Lawful officers of the town for the year Insueing & that the other meeting mentioned above, held in sd Town at the same time of which Mr. Jonathan Lovwell was chosen clerk and all the votes actions & Transactions thereof be & hereby are made Void & of none Effect and Tis hereby further order'd & Directed that all Parties in the sd Town conform themselves accordingly Sent down for Concurrence New Hamp The Atkinson Secy In the House of Representatives 27th May 1748 Voted That the foregoing Vote of the Hon. Council be nonconcur'd & that ye House adhere to their former Vote D. Pierce Cl |