He went to the academy in Lancaster, Massachusetts, under the charge of Jared Sparks from 1815 to 1817, returning home upon the death of his mother, completing his preparation for college in his father's office, under the direction of Joseph Willard.

He was tutored in the classics by the inventor Samuel Abbot, and went on to study law under the tutelage of his father, a former Federalist politician and one of the most distinguished attorneys in the state.

Like all males in New Hampshire between the ages of 18 and 45, Atherton was a member of the state militia serving in the Lafayette Riflemen 5th Regiment as a lieutenant in 1827,[8] and as captain in 1828.

[16] His circle of friends included Congressman Jonathan Cilley, who died in a duel in Bladensburg, Maryland in February 1838.

One of the committee's recommendations resulted in a law signed by President Van Buren on February 20, 1839, prohibiting the giving or accepting of challenges to duel within the District of Columbia.

[17] A curious position for the grandson of Joshua Atherton who, so many years earlier had been ready to oppose the Ratification of the Federal Constitution because of its acknowledgment of slavery.

[19] Several similar resolutions and eventually a standing House rule were approved by Congress from 1835 to 1840, but the "Atherton Gag" was the only one of them to be named after its creator.

Resolved, therefore, That all attempts, on the part of Congress, to abolish slavery in the District of Columbia or the Territories, or to prohibit the removal of slaves from State to State, or to discriminate between the institutions of one portion of the country and another, with the views aforesaid, are in violation of the constitution, destructive of the fundamental principles on which the Union of these States rests, and beyond the jurisdiction of Congress; and that every petition, memorial, resolution, proposition, or paper, touching or relating in any way or to any extent whatever to slavery, as aforesaid, or the abolition thereof, shall, on the presentation thereof, without any further action thereon, be laid on the table without being debated, printed, or referred.Atherton was responsible for composing the gag rule of December 1838, which stifled any petitions relating to slavery.

The gag rule was deeply controversial as it curtailed progressive debate and was extremely unpopular in northern states and frustrated the abolitionists cause; however it still won enough votes in Congress; and this rule remained in place for over 8 years, due to heavy pressure and lobbying from Southern pro-slavery states.

A brave act rescind and recommence debate, however this polarisation proved to be one of the building blocks taking the country towards breaking point and civil war.

[25] Atherton and Samuel S. Phelps were the only New England Democratic and Whig Senators, respectively, to vote in favor of the Clayton Compromise bill.

As an example of his political influence, a regional newspaper, “The Boston Pilot” of August 28, 1852 reported: “At the Democratic Barbecue in Hillsborough, the Hon.

It was a spirited affair; and the speakers were all in good tune.”[27] After serving out his term Atherton was not then re-elected, resuming the practice of law in Nashua.

However, in November 1852, he was chosen to take the seat left vacant by John P. Hale and returned to the Senate after he took the oath of office for the term beginning March 4, 1853.