USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 36
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! Town of Amesbury Records, vol. i., P. 342. "Ould Newbury," pp. 175-188.
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State street, Newburyport, nearly opposite Ring's island, where he v. , licensed by the court held at Ipswich in Sep- tember, 1682, "to keep an ordinary and draw wine and liquors."
Soon after the appointment of Sir Edmund Andros as governor of the provinces in New England, John March ap- plied for permission to keep a ferry over the Merrimack river, from warehouse point, so called, in Newbury, to Ring's island in Salisbury. At a meeting of the council held September 23, 1687, the following petition was read :
To his Excellence Sr Edmund Androsse Knt: Captaine Generall & Governour in Cheife in & over the Territory & Dominion of New Engd
The Humble petion of John March Sheweth. That yor petitioner is an inhabitant of the Towne of Newberry, in ye County of Essex within this Territory, and keeps the Ordinary there. That yo:r petitioner liveing Conveniently near ye water side hath beene frequently sollicited & is dayly by Gentlemen travelling that way & also by the inhabitants of ye Said Towne & the Townes adjacent to Obteine yo:r Excellencys Grant for the keeping of a fferry from ye sd Towne of Newberry to ye Towne of Salisbury which will be a Comon Convenience to all such Travellers as shall passe that way & likewise a considerable advantage to the sd Townes Of which yo:r petitioner hopes yo:r Excellence will be more pticulerly informed by severall Gentlemen who have lately rode that way & Experienced the Convenience such a fferry will be, Therefore
May it please yo:" Excellence to Grant unto yo:r petitioner Liberty to keep such a fferry from ye sd Towne of Newberry to the sd Towne of Salisbury which yo:r petitioner Pposes to Doe for halfe the Charge of the old fferry and yo:r petitioner shall ever pray &c
JOHN MARCH .*
A copy of the above petition was sent to James Carr, who controlled the ferry established by his father, George Carr, in 1640. He was notified to appear and show cause why the prayer of the petitioner should not be granted. On the day appointed for the hearing he presented a brief statement of his case, in which he claimed that the new ferry would seriously interfere with his rights and privileges, and prove impassable at certain seasons of the year. Notwithstanding his objec- tions, however, the following order was passed : -
* Massachusetts Archives, vol. cxxvii., p. 157 ; Province Laws, vol vii., p. 404.
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HISTORY OF NEWBURY
Att a Councill held att the Councill Chamber in Boston on Wednes- day the 28th day of September 1687,
Present His Excellencye Sr Edmund Andros Knt &c.
Joseph Dudley Peter Bulkley ) Nath Clerke - Esqrs
Wm Stoughton Esqrs John Usher Esqrs Edw Randolph
Robert Mason John Hincks Fran : Nicholson
Upon reading this day in Councill the Peticon of John March of Newbury about a new Ferry from Newbury to Salisbury to be kept by him neere his dwelling. As alsoe the Peticon of James Carr of Salis- bury about his right to the swing bridge and old Ferry there.
Referred to the Justices of the Peace in the County of Essex to ex- amine the offers and allegacons of both the Petitioners and forthwith to report to this Board what they conceive therein to be most suitable and convenient for Travellers and the publique service of the country .*
William Browne, jr., John Hathorne, Jo: Woodbridge, and Philip Nelson, justices of the peace, reported October 6, 1687, that the proposed ferry would be convenient and of great advantage to the public, "provided the sd John March (or whom y' Excellency shall please to grant the keep of sd ferry unto) be obliged to make a good causeway on Salisbury side to the Place where they take Boat and that at the Particular Charge of the sd undertaker of the ferry." + This report was read and approved, and the following order passed : -
At a Council held at the Council Chamber in Boston on Tuesday ye 25th day of October 1687,
Present His Excellency Sr Edmund Andross, Knt &c.
Joseph Dudley Nath1 Clarke
Wm Stoughton Walter Newbury
Robert Mason Esqrs Edward Randolph -- Esqrs
Jno Usher Jona Tyng
Francis Nicholson
Upon Reading this Day In Council ye Report made by ye Justices of ye County of Essex about a new ferry from Newbury To Salisbury ye same was approv'd off - And Ordered That it be kept & maintained by John March of Newbury accordingly, provided That James Carr of Salisbury Do on notice given him by ye said Justices refuse to under- take & keep ye same and yt ye said Justices do & are hereby authoriz'd to Lay out ye ways & causeway & Regulate ye said ferry and take such
* Province Laws, vol. vii., p. 405 ; Massachusetts Archives, vol. cxxvii., p. 157.
t Massachusetts Archives, vol. cxxvii., p. 212.
1
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security or caution as to ym shall seem meet for ye making thereof & keeping and maintaining ye same in Good order and repair.
By order in Council &c.
JOHN WEST Depty Secry .*
On the fourteenth day of November, John Appleton, Richard Dummer, and Philip Nelson, three of the justices of the peace for Essex county, made a tender of the new ferry to James Carr, as required by the order of the governor and council. The offer was declined ; and the franchise was then assigned to Mr. John March, who gave bonds, in the sum of one hundred pounds, to provide boats and keep the ferry ac- cording to law.
Know all men by these presents that John March of Newbury, Taverne Keeper, living in the County of Essex in New England doth owe unto our soveraigne Lord the King the full and just somme of one hundred pounds of good and lawful money of New England, to be levied upon his house, lands and chattells and to the true payment thereof he doth bind himself, his heirs exequitors administrators and assignes unto our saide Soveraigne Lord the King his heirs and successors, in witnes whereof the saide John March hath hereunto set his hand and seale this fourteenth day of November, and in the third year of his majesties raigne. Annoque Domini 1687.
The condition of this obligation is such that if the above bounden John March doth provide a good and sufficient boate for the carriage over of horses and men over the ferry granted to him by his Excellency and Counsell at or before the sixteenth day of this Instant November and doth also dewly attend the ferry granted to him by carriinge over horse and man for six pence, a single person for two pence, and doth allwayes while he doth hold the saide ferry keepe his boate or boates in good repaire fit for the service of the Country, then this obligation is to be voide and of no effect, or else to remaine in full force and vertue, and the time of Keepinge this ferry and standinge bound as aforesaid is as long as the ferry shall be confirmed to him by an authoritie.
Signed Sealed and delivered
JOHN MARCH
in the presence of us CALEB MOODY D. DAVISON.t
In order to make the way to the ferry, on the Salisbury side of the river, convenient and serviceable, it became necessary
* Essex Deeds, vol. xv., leaf 214 ; Suffolk County Court Files, No. 2471 ; Province Laws, vol. vii., p. 406.
t Massachusetts Archives, vol. cxxvii., p. 231 ; Province Laws, vol. vii., p. 406.
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HISTORY OF NEWBURY
to build a substantial road over the low, marshy land that con- nected Ring's island with the upland beyond. The work was begun and probably completed under the following agreement made by John March with the town of Salisbury : -
The Proposition of John March to ye town of Salisbury now mett ye 22d day of November 1687 To ye town of Salisbury, Gentlemen you have been Informed yt there is a new way from Merrimack river to your town Laid out by authority for ye use of ye country & is Insufficient for per- sons to pass & there is a ferry granted to me by Authority Therefore my Request is yt you would be pleased to make ye way Sufficient for ye use of ye Country for wch it is Laid out, But I John March do Engage for Quietness Sake to make ye way from Merrimack river to ye South Side of ye creek & half ye Bridge over ye Said Creek. This proposition of John Marches with his condition annexed so far as it Refers to ye town is voted on ye affirmative & sd Marches hand signed & owned to ye performance of what he hath engaged himself In Reference to ye above Country way as above manifested
As attest
JOHN MARCH ROBERT PIKE, Mod-
George Carr & William Carr enter their contra Decents Left William Buswell enters his Contra Decent
A true copy taken out of the town Book As attest WILLM BRADBURY T. Clerk *
During the winter of 1687-8, complaints were made that the boats used by John March for the transportation of passen- gers were not able to withstand the rough weather of that season, and that in the month of January they were prevented for ten consecutive days from crossing the river on account of the ice. Taking advantage of the dissatisfaction that existed on account of these interruptions and delays, James Carr again petitioned the governor and council, under the date of June 13, 1688, " to order the Ferry to be stated & settled as formerly, and the late Ferry set up by John March, which is of so little benefit to the publique & very detrimental to yo:" Petr to be laid down." With this petition Mr. Carr filed the following certificate : -
These are to Certify whom it may or shall concerne that wee ye sub- scribers hereof Beeing at Newbury ; and our occations vrgently requir- ing vs to goe for Salisbury : therevpon wee have repaired ourselfes for * Essex Deeds, book xv., leaf 214 ; also, Province Laws, vol. vii., p. 407.
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passages over the ferry wch Jno March vndr tooke to keepe for passages but could [not] get any notwithstanding wee stay'd about 4 or 5 houres and at that tim Mr Mercer that now Lives at Bescataqa came over but could not bring his horse for there was noe Boat but a hay Boat and that nobody would venture there Lives at such weather as then was : and then after or Long and tedious staying at mr Marches wee came to mrs Carr and got over without any difficulty at all ye same day beeing ye 2 of December 1687 as witnese or hand
THOMAS JACKSON of Redding HENRY WILLIAMS of Boston cum multis alis
MERCER, A Jersy man of Bescatahqua *
The prayer of the petitioner was not granted ; but, after the seizure of Governor Andros in Boston, and his return to Eng land in 1689, Mr. Carr petitioned the provisional government of the colony of Massachusetts bay, still asserting his claim to the management and control of the ferries between New- bury and Salisbury, and complaining of the illegality of the grant made to John March and the injurious competition resulting therefrom. The General Court, having care- fully considered the whole subject, passed the following order : - -
May 20, 1691 In Answer to the Petition of James Carr of Salisbury, complaining of wrong and Injury done him by Capt John March of Newberry, in keeping up a ferry upon Merrimack river betwixt New- berry and Salisbury, in prejudice of a grant formerly made by the Gen- eral Court unto Mr George Carr Father of the Said petitioner, and his Heirs &c The petitioner is referred to seek his remedy by Course of Comon Law.t
At that date John March was captain of a company en- listed to serve in an expedition to Canada. He evidently made arrangements with Capt. Edward Sargent to take charge of the newly established ferry and of the tavern where he was licensed to sell wine and beer.
August 29, 1693, James and Richard Carr commenced a suit to recover damages from Capt. Edward Sargent for tak- ing passengers over Merrimack river without legal authority.
* Province Laws, vol. vii., p. 408.
t Council Records, vol. vi., p. 183 ; Province Laws, vol. vii., p. 408.
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HISTORY OF NEWBURY
In the writ of attachment, they made the following declara- tion : --
. . . ye sd Sargent for near two yeares last past hath Exercised and prac- tised ye Comon Carrying and Transporting of men horses and goods over ye River Merrimack in ye County aforesaid between ye Towns of Newbury and Salisbury upon Hire and for Reward to ye Great Dis- turbance nusance and Damage of ye sd James Carr and Richard Carrs ferry over ye sd River .*
At an Inferior Court of Pleas held in Newbury, September 26, 1693, Capt. Sargent asked for a continuance of the case on the ground that " Capt March ye proper owner of ye ffery " was engaged in the king's service on the eastern frontier. By the consent of both plaintiff and defendant, the case was continued to the next court to be held in Salem, in the month of December following. Meanwhile, December 5, 1693, the General Court passed the following order : -
That all suits and actions now depending between any persons and the said Capt John March, referring to any matter or controversy about the ferry or ferries over the river of Merrymack between Newbury and Salisbury, be suspended; and that the Court of Salem be directed to continue any action or actions so depending there until the general assembly have determined and resolved upon the settlement of the said ferry or ferries ; and that the heirs of George Carr be notified that they may appear on the sixth day after the begining of the next sessions of the general assembly, and there offer what plea and objections they have to make against the confirmation of the said ferry to the said Capt. John March.t
No record of the hearing appointed for the sixth day of the session, beginning February 14, 1693-4, has been found ; and probably no definite action was taken in regard to the settle- ment of the claim of James and Richard Carr at that time. Edward Sargent continued to serve as ferryman; but in 1701 the way leading to the ferry on the Salisbury side was so defective that on the thirtieth of September of that year the Court of Sessions ordered the parties interested to repair
* Province Laws, vol. vii., p. 408.
Capt. Edward Sargent came from Saco to Portsmouth, and thence to Newbury, previous to 1693. His first wife died in December, 1718 ; and he married June 9, 1719, Sarah, widow of Dr. Humphrey Bradstreet. His will, dated February 12, 1735-6, was proved September 6, 1742.
t Province Laws, vol. vii., p. 35. For further details of this controversy see "Ould New- bury," pp. 65-75.
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it according to their contract. This order was evidently un- heeded ; and, in consequence, the ferry was neglected, and at length temporarily abandoned.
March 9, 1702-3, Major Daniel Davison was authorized and instructed by the inhabitants of Newbury to present a petition to the Court of General Sessions, in behalf of the town, "in relation to the lower ferry over Merrimack river." * March 30, 1703, the court at Ipswich appointed Major Francis { Wainwright, Capt. John Whipple, and Capt. Joseph Boynton a committee to examine the causeway in Salisbury, and report upon the expediency of laying it out anew, and at the same session passed the following order re-establishing the ferry : -
There having been for Several Years last past Many complaints Made to this Court for want of a ferry duely stated over Merrimack River Nigh Capt. Edward Sarjeants betwixt Newbury & Salisbury & Sundry motions made from time to time Referring to the Same & now renewed applications Made by Newbury & Salisbury that a ferry be kept at ye place aforesd and yt the keeping & profit thereof might be stated & Settled upon the said Townes & a Boat to be constantly kept on each side duely to attend ye said ferry viz : One by Newbury & ye other by Salisbury. This Court having Considered ye necessity & Conveniency of the premises do approve of the same in manner following.
I. That there be a ferry kept over Merrimack River hence forward from Newbury to Salisbury Nigh where Capt. Serjeant now dwells.
2. That there be Two Sufficient & Suitable ferry Boats for the Trans- porting of Men and horses ye one kept at Newbury & the other at Salis- bury side provided & Maintained respectively by said Townes & Suffi- cient skillful Men Constantly to ply in the same and yt each Town do on their Shoars respectively make Convenient Causeways or other Commodious places for ye Safe & easy boarding & landing horses & men & yt each Town do give Two hundred pounds for Two sufficient men for ye performance of this Court order according to ye true intent & meaning thereof that the publick may be faithfully Servd.
3. That the profits of the said ferry shall redound to the sd Townes as their own particular boats shall Earn.
4. That the fare of said ferry be four pence for a horse & Two pence for a man & proportionable for other things.
5. That inasmuch as Newbury Comon Land or high way comes to ye ferry aforesd so yt they have no Occasion to purchase a way thro any proprieties & it being otherwise on Salisbury side wherefore in regard Newbury hath halfe the benefit of ye ferry. Therefore they shall pay
*Town of Newbury Records.
.
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HISTORY OF NEWBURY
ye one halfe of ye first purchase of ye high Way on Salisbury side as it shall be laid out from said ferry to ye Comon Road in Salisbury where it may lay thro any particular proprieties as it shall be apprised accord- ing to Law but shall not be obliged to pay any part of making or re- pairing ye said way passable either now or hereafter .*
April 12, 1703, the town of Newbury appointed the board of selectmen, with Major Daniel Davison and Mr. Thomas Moody committee, to provide a ferry boat and let out the ferry to some responsible person. April 19, "the committee having charge of the ferry, near Capt. Sargents, lately granted to Newbury and Salisbury," were authorized to prosecute any person or persons transporting man or beast over said ferry contrary to law.f
When Lieut. Col. John March, who was engaged, with the troops under his command, in repelling the attacks of the French and Indian forces at Casco bay, was informed of what had occurred in his absence, he applied to the Court of Sessions for a new order or decree, restoring his rights and privileges, and placing the ferry under his care and control. His petition was granted March 28, 1704, upon condition that he keep in repair the way and bridge on the Salisbury side, and pay to the towns of Newbury and Salisbury such sum or sums as they advanced while the ferry remained in their pos- session .*
There seems to have been some disagreement between Lieut. Col. John March and the selectmen of the towns named in regard to the transfer of the ferry and the amount of money to be paid. May 15, 1704, the inhabitants of Newbury au- thorized the selectmen, with Major Daniel Davison and Mr. Thomas Moody, " to provide for the keeping of the ferry over Merrimack River near Capt Sargents and to let out said ferry at their discretion." +
September 26, 1704, the Court of General Sessions ap- pointed a committee to confer with the selectmen of New- bury and Salisbury, examine the accounts submitted by them showing the expenses incurred and the tolls received from the ferry, and report the result of their investigations in the month of November following.#
* Province Laws, vol. viii., p. 634. # Ibid., p. 635.
t Town of Newbury Records.
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December 6, 1704, the town of Newbury authorized Lieut. Col. Thomas Noyes, Major Daniel Davison, and the selectmen "to make a settlement with Lieut. Col. John March in regard to the ferry over Merrimack river." *
March 26, 1705 : Voted that Majr Daniel Davison Esq. and Mr Wil- liam Titcomb are chosen attorneys for the Towne of Newbury to answer in behalf of sd Towne to a notification from ye sessions of ye peace dated March 2, 1704-5 with respect to a ferry over the river Merrimack near Capt Sargents House as also that they shall have full power to appoynt attor- ney or attornyes under them to ye end afore sd as also they shall have full power to make a final agreemt with Lieut March or his attorneyes about said ferry in the Towns behalf according to their best discretion as they shall se cause .*
July 11, 1705, Lieut. Col. Thomas Noyes, Major Daniel Davison, Mr. William Titcomb, and Lieut. Joseph Little were appointed a committee to make final agreement with Col. John March; and on the twenty-third day of July he conveyed " for & in consideration of ye sum of Two Hundred & forty Pounds . . . to ye aforesd committee for ye said Town of Newbury " all his right, title, and interest "in or to the ferry Comonly Called Marches ferry over Merrimack River near the place where Capt Edward Serjeant Now Dwells, ... Excepting ye ferridges of my self & my perticular family & Horses & Cattle," which were to be free for a term of twenty-two years.t.
With the consent of all the parties interested, the report of the committee appointed by the Court of Sessions September 26, 1704, was not taken into consideration until the twenty- fifth day of September, 1705, when the court ordered that Col. March, having sold all his right and interest in the ferry to the town of Newbury, the inhabitants of said town or their agents "have ye use and income of said Ferry by virtue of said Purchase until by further Order it be more fully and amply settled at ye next sessions of ye Peace." }
September 30, 1705, the town authorized the committee
* Town of Newbury Records. # Province Laws, vol. viii., p. 636.
t Essex Registry of Deeds, book xix., leaf 48; "Ould Newbury," p. 185. A copy of this deed of conveyance from Lieut. Col. John March will be found in the Court Files for Suffolk County, No. 6552.
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HISTORY OF NEWBURY
appointed to settle with Col. John March to offer one- half the ferry to the town of Salisbury for the sum of one hundred and twenty pounds, that being one-half the purchase money agreed upon.
1
At or about this time, Richard Carr presented another petition to the General Court, setting forth his claim to the ferries over Merrimack river. A hearing was appointed and held June 5, 1706, before the whole court ; but no definite action resulted .*
There was evidently some reluctance on the part of the town of Salisbury to accept the offer of one-half the ferry on the terms and conditions named. Possibly the friends and supporters of Richard Carr were opposed to the purchase, and were numerous enough to delay and, perhaps, defeat the project altogether. At all events, Edward Sargent, who had formerly kept the ferry under a lease from Lieut. Col. March, proposed, February 19, 1705-6, to take the inhabi- tants of Salisbury, with their horses and cattle, over the Merrimack river free of charge forever, and keep the high- way and bridge leading to the ferry in good order and con- dition, provided the town would agree to pay one hundred pounds in four payments, " that is to say twenty five pounds per year for four years," and surrender all its right, title, and in- terest in or to the ferry .¡ This proposition was accepted, and a committee was appointed to complete the agreement and receive the bond that Captain Sargent was required to furnish.
March 5, 1705-6, the town of Newbury appointed Lieut. Col. Thomas Noyes, Major Daniel Davison, and Capt. Henry Somerby a committee to see what arrangements could be made with the town of Salisbury in regard to the purchase of one-half the ferry for one hundred and twenty pounds, and also to lease that part of the ferry belonging to Newbury.#
March 27, 1706 Lieut Col Thomas Noyes, Major Daniel Davison and Capt Henry Somerby, all of Newbury, being a committee chosen and ap- pointed by the freeholders and inhabitants of the said town of Newbury
. Province Laws, vol. viii., pp. 146 and 538.
# Town of Newbury Records.
t Ibid., p. 637.
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· at a legal meeting held March 5th, current, to make an agreement with the town of Salisbury about the ferry over Merrimack river, between Newbury and Salisbury, near by Capt Serjeants, in consideration of one hundred and twenty pounds, sold and conveyed to Capt Edward Serjeant and Mr Thomas Moody, both of Newbury, one half of the right, title and interest which the freeholders or inhabitants of the town of Newbury may or ought to have in or to the ferry commonly called Marches ferry over Merrimack river, near the place where the aforesaid Capt Edward Serjeant now dwells, which ferry was granted by Sir Edmund Andros and his Council unto Col. John March, October 25, 1687, confirmed and settled by the justices of the County of Essex November 14, 1687 and again confirmed unto him at a General Session of the Peace held at Ipswich, March 28, 1704 .*
Having thus acquired one-half of the ferry by purchase from the town of Newbury, and settled with the inhabitants of Salisbury for whatever claim they might have in or to the franchise granted by the Court of Sessions, March 30, 1703, Edward Sargent resumed his occupation as ferryman, and evi- dently carried on the business in his own name, although Thomas Moody was for many years part owner of the property with him.
The ferry was conveniently located, and on many important occasions was employed by the provincial authorities for the transportation of troops and special post riders. September 3, 1703, the governor and council passed an order allowing Edward Sargent thirty-five shillings and two pence "For Ferriage of Souldiers and Posts in the year 1702 and for the refreshment of Posts." t
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