Joshua Atherton (June 20, 1737 – April 3, 1809), was a lawyer and early anti-slavery campaigner in

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

and

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

. He served as

Attorney General of New Hampshire The Attorney General of New Hampshire is a constitutional officer of the U.S. state of New Hampshire who serves as head of the New Hampshire Department of Justice. , the state's attorney general is John Formella. Qualifications and appointment Un ...

. In later years he was also commissioner for the United States direct tax. Signature of Joshua Atherton

Early life and education

He was the son of Col. Peter Atherton and Experience Wright. He was named after his grandfather; Joshua Atherton (b. May 13, 1656, d. 1721) a soldier in

King Philip's War King Philip's War (sometimes called the First Indian War, Metacom's War, Metacomet's War, Pometacomet's Rebellion, or Metacom's Rebellion) was an armed conflict in 1675–1676 between indigenous inhabitants of New England and New England coloni ...

, under Captain Daniel Henchman (1623-1685) of Boston, who settled at

Still River, Massachusetts Still River is a village located on the west side of the town of Harvard, Worcester County, Massachusetts, United States. Noted for its views of Mount Wachusett, Still River is home to Saint Benedict Abbey, St. Benedict Center, Harvard His ...

in 1687, then part of

Lancaster, Massachusetts Lancaster is a town in Worcester County, Massachusetts, in the United States. Incorporated in 1653, Lancaster is the oldest town in Worcester County. As of the 2020 census, the town population was 8,441. History In 1643 Lancaster was first ...

and became a farmer and a tanner. His father was a blacksmith by trade, a farmer, magistrate and politician. Atherton attended local schools in

Worcester County, Massachusetts Worcester County is a County (United States), county located in the U.S. state of Massachusetts. At the 2020 United States census, 2020 census, the population was 862,111, making it the second-most populous county in Massachusetts while also b ...

and was tutored by the clergy. He was brought up to be farmer and was expected to follow his father's footsteps and enter the lucrative blacksmithing trade. However Atherton was a sickly boy and was not considered suited to heavy labor. Instead he sought an education, tutored younger children in order to pay towards college, running a local school in order to save for the tuition fees. At the age of 21, Atherton went on to study law under James Putnam at

Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...

, graduating in 1762, alongside

Francis Dana Francis Dana (June 13, 1743 – April 25, 1811) was an American Founding Father, lawyer, jurist, and statesman from Massachusetts. He served as a delegate to the Continental Congress in 1777–1778 and 1784. A signer of the Articles of Confederat ...

and

Elbridge Gerry Elbridge Gerry (; July 17, 1744 – November 23, 1814) was an American Founding Father, merchant, politician, and diplomat who served as the fifth vice president of the United States under President James Madison from 1813 until his death in 18 ...

. His younger brother Israel (1741-1822), did not share his passion for politics, choosing to study medicine at

and graduated that same year.

Career

After completing his term in the chambers of James Putnam, Atherton, after being admitted to the bar in Worcester, Massachusetts opened his first law practice in

Petersham, Massachusetts Petersham is a town in Worcester County, Massachusetts, United States. The population was 1,194 at the 2020 census. Petersham is home to a considerable amount of conservation land, including the Quabbin Reservation, Harvard Forest, the Swift R ...

, in 1765. Atherton was also a teacher at the time. Atherton then decided to move to the

Province of New Hampshire The Province of New Hampshire was a colony of England and later a British province in North America. The name was first given in 1629 to the territory between the Merrimack and Piscataqua rivers on the eastern coast of North America, and was nam ...

, moving to

Litchfield, New Hampshire Litchfield is a town in Hillsborough County, New Hampshire, United States. The population was 8,478 at the 2020 census. History Prior to European settlement, the area was populated by the Abenaki people. They were skilled with fishing and we ...

, then settled in Merrimack where he established a law practice from 1765 to 1773. Under his tutelage was William Gordon, his future son in law, William Coleman and

William Plumer William Plumer (June 25, 1759December 22, 1850) was an American lawyer, Baptist lay preacher, and politician from Epping, New Hampshire. He is most notable for his service as a Federalist in the United States Senate (1802–1807), and the sevent ...

. He moved to

Amherst Amherst may refer to: People * Amherst (surname), including a list of people with the name * Earl Amherst of Arracan in the East Indies, a title in the British Peerage; formerly ''Baron Amherst'' * Baron Amherst of Hackney of the City of London, ...

, became a farmer and was elected as the

Register of Probate A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts o ...

in Hillsborough County in 1773.

The onset of the American Revolution

Atherton was victimized for his

loyalist Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cro ...

sympathies, however minor. He had been known for hosting a prominent Loyalists and often found an angry mob at his doorstep. His memoirs reveal that he did not initially believe the patriotic cause could ever succeed. He had established strong friendships with British officials. As a law man, he sympathetic to the Tory cause, and maintaining a status quo. He witnessed what he perceived to be treasonous acts, and chose not to participate in patriotic plans for fear of a breakdown in the rule of law. It was a time when those like Atherton, with some loyalist sympathies, had to decide whether to stay or leave the town. Many of his peers had to make hard choices. He likely choose to stay for economic reasons. In doing so, his daily life was subject to scrutiny and often he expressed safety concerns with his peers. Both he and his family were subject to risk of attack and torment by mobs on a frequent basis. He was disarmed, his beloved riffle confiscated, and on a number of times he was detained by the committee of safety due to his opposing views. Crowds often congregated outside his home, taunting him to leave the town, often gaining entry. However Atherton believed order would prevail. He was active politically, during his adult life. At times out of tune with many of his neighbors, since he was resistant to change, and controversial enough for arsonists to torch his barns and burn his effigy in the town. New Hampshire was one of the

thirteen colonies The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of Kingdom of Great Britain, British Colony, colonies on the Atlantic coast of North America. Fo ...

that rebelled against British rule during the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

. Atherton at first joined the opponents to British rule, but refused to join the local

Sons of Liberty The Sons of Liberty was a loosely organized, clandestine, sometimes violent, political organization active in the Thirteen American Colonies founded to advance the rights of the colonists and to fight taxation by the British government. It pl ...

, a secret revolutionary organization created to advance the rights of the

colonists A settler is a person who has migrated to an area and established a permanent residence there, often to colonize the area. A settler who migrates to an area previously uninhabited or sparsely inhabited may be described as a pioneer. Settle ...

and fight taxation by the British government. Atherton then tried to remain neutral during the Revolution, believing the colonists could not win a war with England. The community was offended by his stance and had him arrested in 1777, jailing him in nearby

Exeter, New Hampshire Exeter is a town in Rockingham County, New Hampshire, United States. The population was 16,049 at the 2020 census, up from 14,306 at the 2010 census. Exeter was the county seat until 1997, when county offices were moved to neighboring Brentwood. ...

. As a result, he was fired from his position as register of probate and

justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

, and he resumed farming. After taking an oath of allegiance to the new state of New Hampshire in 1779, Atherton started practicing law again. In 1782, he became the leader of the Amherst committee to help draft a state constitution. The next year, as a member of the New Hampshire state constitutional convention, he helped revise state laws, advocated for a bill of rights for citizens, and fought to settle former

Loyalist Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cro ...

land claims. He was a state senator in 1793.

Major speech at convention

In 1787 he was elected as a delegate to the convention in New Hampshire to ratify the federal constitution. He worked hard to defeat its ratification unless certain amendments were adopted. Atherton claimed it was poorly written; he insisted on a

bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

to protect private beliefs and actions, and also defended the rights of town and state government against a too strong centralized government. In February 1788, Atherton delivered a major speech in opposition to Article 1, Section 9, Clause 1, of the proposed constitution. The focal point of his speech was about the evils of

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

. Atherton asserted that the southern states had made him a "partaker in the sin and guilt of this abominable" traffic in the buying and selling of slaves, and that the "clause has not secured its abolition". He argued that "we will not lend the aid of our ratification to this cruel and inhumane merchandise, not even for a day". Atherton continued on with a vivid description of the conditions of slavery, proclaiming: He voted against its adoption, on instructions from the town. The state finally ratified the constitution on June 21, 1788, with 57–47 in flavor.

John Langton John Langton (died 1337) was a chancellor of England and Bishop of Chichester. Life Langton was a clerk in the royal chancery, serving as the first Master of the Rolls from May 1286, and became chancellor in 1292.Fryde, et al. ''Handbook of B ...

immediately wrote to

George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...

to inform him that New Hampshire had become the ninth state which he described as the “Key Stone in the Great Arch. Atherton, who campaigned against ratification gracefully accepted the result and stated 'It’s adopted. Let’s try it'”. As a staunch

anti-federalist Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed History of the United States Constitution#1788 ratification, the ratification of the 1787 United St ...

he wrote to John Lamb on June 23, 1788. He was a candidate for New Hampshire in the

1788 and 1789 United States House of Representatives elections Events January–March * January 1 – The first edition of ''The Times'', previously ''The Daily Universal Register'', is published in London. * January 2 – Georgia ratifies the United States Constitution, and becomes the fourth U ...

, and the

1789 New Hampshire's at-large congressional district special election The 1789 New Hampshire's at-large congressional district special election was held on June 22, 1789 to fill a vacancy left by Representative -elect Benjamin West, who had declined to serve in the 1st United States Congress. This was the first spe ...

, the first special election in the history of the United States House of Representatives. Atherton was also a candidate in the

1792 and 1793 United States House of Representatives elections Year 179 ( CLXXIX) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Aurelius and Veru (or, less frequently, year 932 ''Ab urbe condit ...

Public office

In 1791, Atherton was once again elected as justice of the peace, and was a member of the convention in

Concord Concord may refer to: Meaning "agreement" * Pact or treaty, frequently between nations (indicating a condition of harmony) * Harmony, in music * Agreement (linguistics), a change in the form of a word depending on grammatical features of other ...

that drafted the new state constitution, revising the previous one of 1783. From 1792 to 1793, he was a member of the

state senate A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...

, and after his resignation in 1793 from the senate, he was elected

state attorney general The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney genera ...

that same year. In 1798, he was elected commissioner of Hillsborough County. In 1803 he retired because of a heart ailment.

Personal life

His father, Col. Peter Atherton served in the Massachusetts Colonial Militia, then seen as a political position, rising to the rank of Colonel. The law in Massachusetts required all able men to keep a firearm and volunteer in the citizen army known as the militia. His father was a

Minutemen Minutemen were members of the organized New England colonial militia companies trained in weaponry, tactics, and military strategies during the American Revolutionary War. They were known for being ready at a minute's notice, hence the name. Mi ...

. However the militia was also mustered to fight alongside the British soldiers engaging the threats resulting from the

French and Indian War The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...

during the mid-1700s. His father went onto serve in a civic role for a number of years as a member of the General Court. Atherton married Abigail Goss, the daughter of a Congregational Minister in 1765. His son,

Charles Humphrey Atherton Charles Humphrey Atherton (August 14, 1773 – January 8, 1853), an American Federalist politician, banker and a distinguished attorney from New Hampshire. Atherton served once as a United States Representative from New Hampshire from 1815 ...

, continued his legacy practicing law, and as a politician, served as a United States Representative from New Hampshire, and as a member of the New Hampshire House of Representatives during the early 1800s. His daughter Mary Frances Atherton married William Gordon, a New Hampshire politician. His daughter Catherine married David MacGregor Means (1841-1931), a lawyer and former assistant editor of The Nation. He was survived by 4 other daughters. After his retirement, he helped establish the Franklin Society in Amherst, a library dedicated to historical events that changed the state. It was not associated with

Societas Domi Pacificae Societas Domi Pacificae, colloquially known as The Pacifica House or SDP, is a secret society based at Brown University, in Providence, Rhode Island, and is the oldest student secret society in the United States. Organized in 1824 as The Franklin ...

which was founded several decades later. Atherton died of heart disease on April 3, 1809 and is buried in Amherst Cemetery. Few of his personal papers survive, however his son published his memoirs.

Descendants

His grandson

Charles Gordon Atherton Charles Gordon Atherton (July 4, 1804November 15, 1853) was an American politician and lawyer from New Hampshire. He was elected to the United States House of Representatives from 1837 to 1843. He was elected to the United States Senate from 184 ...

also became politically active and went on to service as a Democratic Representative and Senator from New Hampshire, and was responsible for the

gag rule A gag rule is a rule that limits or forbids the raising, consideration, or discussion of a particular topic, often but not always by members of a legislative or decision-making body. A famous example of gag rules is the series of rules concernin ...

of December 1838, known as the “Atherton Gag”, which stifled any petitions relating to slavery. His grandson's reasons were likely to have been to placate southern interests, however Atherton, as an early ardent anti-slavery campaigner would have objected to his grandson's gag rule. His granddaughter Abby Kent-Means was an American society hostess who acted as the

White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...

hostess during the presidency of

Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. He was a northern Democrat who believed that the abolitionist movement was a fundamental threat to the nation's unity ...

, as Pierce's wife

Jane Pierce Jane Means Pierce (née Appleton; March 12, 1806 – December 2, 1863) was the wife of Franklin Pierce and the first lady of the United States from 1853 to 1857. She married Franklin Pierce, then a Congressman, in 1834 despite her family's misgiv ...

was not well enough to carry out official duties. Abby Kent-Means was Jane Pierce's maternal aunt.

Ancestry

Atherton has been incorrectly attributed as a descendant of

Humphrey Atherton Major-General Humphrey Atherton, (c. 1607 – September 16, 1661), an early settler of Dorchester, Massachusetts, held the highest military rank in colonial New England.Adams, William Frederick, William Richard Cutter. ''Genealogical and pers ...

within certain notable sources. His great-grandfather

James Atherton James Atherton (born James Conway; 16 July 1987) is an English actor, known for his roles as Will Savage on ''Hollyoaks'' and Jamie Bowman on ''Coronation Street''. In 2017, he appeared in the stage production of ''Rita, Sue and Bob Too''. In ...

had arrived from England in the 1630s, and went on to serve under Captain John Whiting's Company, eventually becoming one of the founders of Lancaster. His great-grandfather on his maternal line was Samuel Wardwell, a carpenter, who was charged with witchcraft in 1692, and was hung at Witch Hill, in

Andover, Massachusetts Andover is a town in Essex County, Massachusetts, United States. It was settled in 1642 and incorporated in 1646."Andover" in ''The New Encyclopædia Britannica''. Chicago: Encyclopædia Britannica Inc., 15th ed., 1992, Vol. 1, p. 387. As of th ...

Notes

References

External links

New Hampshire Historical Society

Historical Society of Amherst

Founders Online - under the John Adams Administration
{{DEFAULTSORT:Atherton, Joshua Harvard College alumni 1737 births 1809 deaths New Hampshire lawyers New Hampshire Attorneys General 18th-century American lawyers Christian abolitionists American abolitionists People from Lancaster, Massachusetts People from Amherst, New Hampshire People of colonial New Hampshire Burials in New Hampshire 18th-century American farmers 19th-century American farmers