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Joshua Atherton (born June 20, 1737 – died April 3, 1809) was an important lawyer and an early fighter against slavery in Massachusetts and New Hampshire. He also worked as the top lawyer for New Hampshire, called the Attorney General. Later in his life, he helped collect taxes for the United States government.

Signature of Joshua Atherton
Signature of Joshua Atherton, a lawyer and politician

Joshua Atherton's Early Life and Education

Joshua Atherton was the son of Peter Atherton and Experience Wright. His grandfather, also named Joshua Atherton, was a soldier who later became a farmer. Joshua's father was a blacksmith, farmer, and politician.

Joshua grew up in Worcester County, Massachusetts. He went to local schools and was taught by church leaders. His family expected him to become a farmer or a blacksmith. But Joshua was often sick and not strong enough for hard work. So, he decided to get an education instead. He taught younger children to earn money for college.

When he was 21, Joshua went to Harvard College to study law. He graduated in 1762. His younger brother, Israel, also went to Harvard and studied medicine.

Joshua Atherton's Career as a Lawyer

After finishing his law studies, Joshua Atherton became a lawyer in Worcester, Massachusetts. In 1765, he opened his first law office in Petersham, Massachusetts. He also worked as a teacher.

Later, Joshua moved to New Hampshire. He lived in Litchfield, New Hampshire and then in Merrimack, where he had a law practice from 1765 to 1773. He taught law to several students who later became important, including William Gordon and William Plumer. In 1773, he moved to Amherst, became a farmer, and was chosen to be the Register of Probate for Hillsborough County. This job involved handling official records for wills and estates.

Joshua Atherton and the American Revolution

The American Revolution was a time when the Thirteen Colonies fought for independence from British rule. Joshua Atherton faced challenges because some people thought he supported the British. He had friends who were British officials and believed that the colonies might not win a war against England. He thought it was important to keep the existing laws and order.

Because of his views, people sometimes gathered outside his home. He was even arrested in 1777 and put in jail in Exeter, New Hampshire. He lost his jobs as Register of Probate and justice of the peace. After this, he went back to farming.

In 1779, Joshua Atherton promised to support the new state of New Hampshire. After that, he started practicing law again. In 1782, he helped write a new state constitution for New Hampshire. The next year, he worked to update state laws and argued for a bill of rights to protect citizens' freedoms. He also helped settle land claims for people who had supported the British. In 1793, he became a state senator.

Joshua Atherton's Speech Against Slavery

In 1787, Joshua Atherton was chosen to be a delegate for New Hampshire at a meeting to approve the new federal constitution. He worked hard to make sure certain changes were added to the Constitution before it was approved. He believed the Constitution needed a bill of rights to protect people's private beliefs and actions. He also wanted to protect the rights of towns and states from a too-powerful central government.

In February 1788, Atherton gave an important speech against a part of the proposed Constitution (Article 1, Section 9, Clause 1). His speech focused on the terrible practice of slavery. He said that this part of the Constitution would make him "a partaker in the sin" of buying and selling enslaved people. He argued that New Hampshire should not support this "cruel and inhumane merchandise."

Atherton described the harsh conditions of slavery:

Parents are taken, and children left... A parent is sold to one, a son to another, and a daughter to a third! Brother is cleft from brother, sister from sister, and parents from their darling offspring! Broken with every distress that human nature can feel, and bedewed with tears of anguish, they are dragged into the last stage of depression and slavery, never, never to behold the faces of one another again!

He voted against approving the Constitution because of this issue. Even though he voted against it, New Hampshire approved the Constitution on June 21, 1788. Joshua Atherton accepted the decision, saying, "It's adopted. Let's try it."

Joshua Atherton's Public Office Roles

In 1791, Joshua Atherton was again chosen as a justice of the peace. He also helped write the new state constitution in Concord. From 1792 to 1793, he was a member of the state senate. After leaving the senate in 1793, he became the state attorney general.

In 1798, he was elected commissioner of Hillsborough County. He retired in 1803 due to a heart problem.

Joshua Atherton's Family Life

Joshua Atherton married Abigail Goss in 1765. His father, Peter Atherton, was a Colonel in the Massachusetts Colonial Militia. This was an important political position at the time. His father also served in the government for many years.

Joshua's son, Charles Humphrey Atherton, followed in his footsteps. He became a lawyer and a politician, serving as a United States Representative from New Hampshire. Joshua's daughter, Mary Frances Atherton, married William Gordon, who was also a New Hampshire politician.

After he retired, Joshua Atherton helped start the Franklin Society in Amherst. This was a library focused on historical events in the state. Joshua Atherton died from heart disease on April 3, 1809. He is buried in Amherst Cemetery. His son later published his memoirs, which are his written memories.

Joshua Atherton's Descendants

Joshua Atherton's grandson, Charles Gordon Atherton, also became a politician. He served as a Representative and Senator from New Hampshire. He was known for the "Atherton Gag" in 1838, which stopped discussions about slavery in Congress. Joshua Atherton, who fought against slavery, would likely have disagreed with his grandson's actions.

His granddaughter, Abby Kent-Means, was a social hostess in Washington D.C. She served as the White House hostess during the presidency of Franklin Pierce, because Pierce's wife, Jane Pierce, was often too ill to do the official duties.

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