USA > New Hampshire > Rockingham County > Newfields > History of Newfields, New Hampshire, 1638-1911 > Part 16
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RICHARD HILTON.
This request was promptly granted for the term of fifty years, "Provided there be a convenient way on both sides the river laid out to said ferry, without making it a Province charge; every man and horse to pay 6ª a time, and a single person two pence."
Richard Hilton was the son of Capt. William Hilton, and grandson of Edward Hilton, Sr., all residents of Newfields.
There was a "boom" or floating bridge across Lamprey River in early times. December 15, 1712, Dover voted to give twenty- five pounds for building a boom over "Lamperel" River.1
Nine years after, April 22, 1721, Jonathan Wiggin, son of Andrew, and grandson of Capt. Thomas Wiggin, of Stratham, petitioned Gov. Samuel Shute, "Council and Representatives convened in General Assembly" for a ferry on the southerly
1 Before this boom was built there was a ferry. In 1671 Philip Crommet was licensed to keep a ferry across Lamprey River at the rate of two pence for every person, and six pence for man and horse.
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HISTORY OF NEWFIELDS.
side of the river, on the ground that Mr. Hilton had failed to fulfil the conditions of his grant, as follows :
most humbly Sheweth:
That Capt. Rich. Hilton of Exeter was formerly favored by the Gen1 Assembly in this his Majesties Province with a Grant of the ferry over Exeter river, which Grant was attended with a particular condition that he should procure a way to the Ferry, so that the Publick should not be charged therewith; but tho he has had the improvement of the Ferry for the space of near Thirty years yet never procured any way thereto on the southerly side of the sd river, but all Travellers have trespassed on yor Petitioner by passing over his pastures, meadows and fields, for the space of one full mile in one part of his farm & almost halfe a mile in another part thereof, extremely to yor Petitioners dam- age, who cannot obtain any redress from the sd Hilton, altho his Grant is thereby forfeited to the Government.
And the aforesd Capt. Hilton doth live at so great a distance from the river that Travellers are oftentimes hindered in getting over and necessitated to burden your Petitioner with themselves and horses for entertainment in the night, which is expensive to yor Petitioner and an hindrance to them in their journey, many of whom have often times put your Petitioner upon praying for the Ferry on that side of the river adjoining to his land. And if your Petitioner should stop up the afore sd ways, Travellers would be extremely prejudiced.
Your Petitioner therefore most humbly prays that your Excellency and this Honorable Assembly will please to grant to him the privilege of the Ferry on the southerly side of the sd river; with the liberty of Keeping or hanging Gates through his own farm, & the liberty of the Ferryman keeping an house of entertainment for Travellers free of Excise: So yor Petitioner shall ever pray as in duty bound &c. &' sub- scribes,
JONATHAN WIGGIN.
Three days after, the petition was "read at yr Board, and ordered that the hearing and consideration of said petition be suspended till the next session of General Assembly, and that in the mean time the said Wiggin serve Richª Hilton, Esq., with a copy of the said petition and this order."
Accordingly Richard Hilton was duly summoned to appear at the hearing, July 12, 1721, but it does not appear that he was present. Mr. Wiggin, however, was there to prosecute his peti- tion. The next day the General Assembly voted that he should have the ferry and "the improvement hereof, for the space of twenty nine years and half from ye date hereof; he finding and providing a sufficient boat and canoe for transportation of trav-
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FERRY AND BRIDGE OVER SQUAMSCOT RIVER.
ellers, taking for each horse and rider six pence and no more, and for each single person two pence and no more; providing that the said Wiggin allow to all travellers sufficient ways or passage from the King's road down to the ferry as the ways now go, he having the liberty of hanging Gates where needful in said ways, he always keeping his bridge and cosway in repair at his own cost and charge, and to have liberty to sell beer and Cyder free of Excise, and to give due attendance."
This term of 291/2 years fills out the 50 years of Hilton's original grant. It is supposed that Hall's ferry crossed the river at Newfields Landing, while Hilton's and Wiggin's ferry crossed just below the present bridge. So in 1772, half a century later, when the time drew near for a bridge to take the place of the ferry, we read of "the New Market Lower Ferry place" and of "the upper ferry place called Newfields."
On June 9, 1742, as the time grew near when Jonathan Wig- gin's grant would expire, and a movement had been started to petition for a new one about a mile above, we find Andrew Wiggin, Jr., petitioning for an extension, as follows:
Shews that for many Years past a Ferry has been kept from the Land now belonging to Your peticoner over Exeter River to New Market and a Way kept open thro' his Land to come down to the said Ferry Place and a Tavern has been kept in a House belonging to him near the said Ferry place - That your peticoner understands that the pivilege was formerly Granted by the General Court (or otherways) for a Term of Years now near Expired and that a petition is now pre- ferrd or about to be preferrd to have a Ferry kept a Cross the said River about a mile Higher up - That your peticoner humbly Conceives there is the same Reason for keeping the same at the usual place now as there was for fixing it there at first and that this Court will see Cause to Renew the Grant to him and his Heirs and Assigns in Con- sideration that his Ancestor was at the Charge of opening a way keep- ing a Boat and hands to tend the same when the profit was Incon- siderable-
That if another Ferry place should be settled so near neither of them would be worth attending and there is no Necessity for it with Respect to Conveniency of Travellers or any other Consideration whatsoever
Wherefore Your peticoner Humbly prays that a new Grant of a Ferry may be made to Your peticoner to be kept at his Landing place where it has been usually, to hold to him his Heirs and assigns that he may have the sole privilege of keeping it there and that there may none be Established Els'where over the said River that will be prejudicial to
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HISTORY OF NEWFIELDS.
him without such an Advantage to the Public as will Counterballance the damage to him and your peticoner as in duty Bound shall ever pray &c.
ANDREW WIGGIN Junr
Wiggin's prayer for the renewal of his grant was presumably availing, and the movement for a new ferry for the time sus- pended, for we find him eight years later remonstrating against the granting of the following petition, dated September 24, 1750:
The Petition of Sundry of the Inhabitants of Newmarket in Said province and others most humbly Sheweth - That there is a Country Road Laid out by the general Court Several Years Ago from Notting- ham to Exeter River in the upper part of Newmarkett and there is no Established ferry over Exeter River in the upper part of Newmarkett that if there was it would be of great service and benefit for Travellers That Travell to and from Nottingham Ipsum Bow and Pennecook and other places to Portsmouth Wherefore Your petitioners most humbly Pray Your Excellency and Honours to Establish a ferry over said River near the Late house of Nathan Presberry at the new field so called in the upper end of Newmarkett aforesaid and that he Joseph Hall Esqr may have the benefit of said ferry and Your Petitioners as in Duty bound shall ever Pray &c.
James Marston, Edward Hall, Ebeneser Bean, David Lyford, Edward , Jacob Tilton, John Perl, Charles Hilton, Andru Burly, James Hinson, James Sinkler, Joseph metcalf, Fitz Wm. Sargent, Daniel Lad, Joseph -, John Mattoon, Jonathan Folsom, Richd Mattoon, Win- throp Hilton, Isaac marston, Samuel nel, Samuel Mighell, John Wedge- wood, peer harsee, Joseph merrill, Hubartes Mattoon, Israel Gilman, Richard Clark, Robert Pike, Edward Colcord.
The following is Andrew Wiggin, Jr's., remonstrance to the foregoing :
Humbly shews Andrew Wiggin Junr of Stratham in sd Province That he is informed that Joseph Hall of Newmarket in sd Province Esqr (with others) hath Petitioned your Excellency and Honours that there may be a Ferry over Exeter River so called at some Distance above the Ferry over said River, at a place call'd Hiltons Ferry And that it will affect your Petitioners Interest very much in Case the Prayer of the said Joseph Hall and others should be granted-
Wherefore your Petitioner Most humbly prays your Excellency and Honours that the Prayer of the said Petition of Joseph Hall Esqr and others may not be granted untill your Petitioner can be heard in oppo- sition thereto which your Petitioner prays may be granted him - and your Petitioner as in duty bound shall ever pray-
Descr 25th 1750.
ANDREW WIGGIN Junr
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FERRY AND BRIDGE OVER SQUAMSCOT RIVER.
Hall's ferry was finally granted notwithstanding the remon- strance of Mr. Wiggin, doubtless with the thought that one man's personal interests should not block the way to the greater good of the general public.
As early as 1746 measures were taken to secure a permanent and substantial bridge across the river between Stratham and Newmarket. Experience had shown that in late autumn and the weakening and breaking up of the ice in the spring, the operating of ferries was attended with great inconvenience and difficulty. For this reason and others the following petition for such a bridge, of the date, November 21, 1746, was addressed to the Governor and the General Court :
We the subscribers Conceiving it will be for the great advantage of this Province in general as well as for our own particular Interest and for the benefit of the Inhabitants of the Several Towns to which we respectively belong that there should be a bridge over the river which Divides Stratham from New Market where the ferry is now kept or a little higher up the river at the Place Called the New Field Do humbly Petition this honorable Court for License to build a Strong and Sub- stantial bridge there Sufficient for Teams to pass and repass Laden and if you will Vouchsafe to take the matter under your Consideration and permit us to offer to your Consideration the reasons Inducing us to offer this our petition we doubt not you will readily grant us License for which we hereby make humble request by which grant you will greatly Oblige your most humble Supplicants, the Inhabitants as in Duty bound shall ever pray.
Robt Smart, Sam1 Miles, Jona Colkit, Jona Colkit Jun, Joseph Chap- man, Walter Neel, Saml Neel, Richd Clark, Caleb Clark, David Hanes, Jon Jedkins, Josiah Persons, Thos Young Sr., Charles Smart, Joseph Smart, John Burley, Jams Burley, Jams Burley Junr, Josiah Burley, Joseph Burley, Isaac Marston, Andrew Burley, Wm. Burley, Edward Hilton, Josiah Hilton, Wentworth Hilton, Fitz W. Sergant, John Bennet, Joseph Burley Jun, Jon Elice, Nath1 Piper, Peter Folsom, Robt Pike, Charles Hilton, Thoms Gilman, Robt Barber, Saml Sinkler, John San- born, Nath1 Pees, Saml Stevens, Jona Bachler, Ezekiel Sanborn, Joseph Sinkler, Wm. Crocket, Jona Robinson, Joseph Robinson, Joseph Gilman Jr, Thoms Sinkler, Conste Gilman, Joshua Sanborn, Timo Gilman, Joseph Glidden, Abner Cofin, Nathan Folsom, John Meder, Ichabod Whidden, Thoms Bennet, James Goodwin, Jams Goodwin Jun, Saml Rolins, Jams Rolins, Sam1 Brecket, Hope Cheswill, Sam1 Doe, Israel Folsom, John Kenneston, Francis Durgan, Wm Durgan, James Kenneston, Sam1 Dooly, Thoms Packer, Nicholas Doe, Daniel Hilton, Jacob Burley, Samson Doe, Benja York, Benja York Jun, Thoms Young, Joseph Jedkins, Thoms York, John Neel, Abneze Neel, Nathan Presby, Ephraim Sanborn, Jacob
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HISTORY OF NEWFIELDS.
Tilton, John Wedgewood, John Pender, John Fose, Edward Fose, David Litefoot, Daniel Ames, Simon Ames, David Ames, Jacob Ames, Joseph Hall, Edward Hall, Arthur Slade, James Maston, Nath1 Ames, Robt Perkins, Jon Miles, Benja Smart, Giles Burley, Wm. Perkins, Jona Hil- ton, Philip Herris, Jon Hilton, Timo Emerson, Bartes Metoon, Joseph Hilton, Joseph Young, Joseph Midcalf, John Birgan, Richd Matoon, Benja Thomson, John Hersey, James Hersey, John Perkans, John Per- kans Junr, John Folsom, Andrew Folsom, Wm Folsom, Jon Barber, Jon Barber Junr, Andrew Wiggin, Joseph Wiggan, Edward Fose, Benja Fose, Sams Chapman, John Taylor, Jon Palmer, Groth. Palmer, Ephraim Folsom, Ephraim Folsom, Jr.
A second petition from Nottingham with 34 signatures, of the same date, was sent in, giving as the reason, "That this and Sev- eral other Towns in this Province are exposed to Great Diffi- culties being Separated from the Metropolis and the Main Body of the Settled Part of this Province by a narrow River Running between Stratham and New Market which Lais us under a Necessity to travel many miles Round the Head or else Cross said River at a Ferry which is often times Not Less Difficult and at Certain Seasons of the year is altogether Impracticable and is always so for Carte and Teams."
A third petition of the same date, signed by Richard Calley and 44 others, adds the following: "We the Subscribers Sign with that reserve that sª bridge be no hendrance to vesels & Rafts of any kind Passing & Repassing up & down Sª River."
Still another petition, without date, for the same object, is signed by Joshua Brackett and 44 others.
The four petitions were duly read in the Council and House, and January 19, 1747 was fixed as the date of hearing the petitioners, with the proviso that the public be advertised pre- viously three weeks successively "in ye Post-Boy & Evening Post News Papers (so called) of ye Tent of ye Prayer of said Peti- tions, Vizt that there may Liberty be granted for Building a good sufficient Draw Bridge over Exeter River at Wiggin's Ferry so called, or at ye New Field at ye proper Cost & charge of ye Petitioners that any or every one may have opportunity to shew Cause if any they have why ye Prayer of sª Petitioners should not be granted."
At a meeting of the "free holders & Inhabitants" of Exeter held at the town house January 19, 1747, Nicholas Perryman,
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FERRY AND BRIDGE OVER SQUAMSCOT RIVER.
Maj. Ezekiel Gilman and Capt. Daniel Gilman were chosen agents of the town "to shew Cause why the Prayer of the peti- tioners should not be granted."
The hearing was deferred by the House from January 21 to March 3, and again to the first Monday in May. Meanwhile 36 freeholders of Stratham, 64 of Kensington, 62 of Hampton Falls and 60 of Epping, petitioned the General Court "that the prayer of sª Petition may not be Granted." These petitions were with- out date. Kingston, March 3, 1747, "Voted unanimously that we are not willing that there should be any Bridge Built over Exeter River any where below the falls at Exeter Town." Jedediah Philbrick was chosen to oppose the building at the General Court.
The parish of East Kingston, March 3, appointed a commit- tee to object. Likewise Brentwood, March 16, 1747, voted against building the bridge.
The parties were finally heard in the House May 13, 1747, by their attorneys for the opponents. The attorney for the peti- tioners asked leave to lay before the House an answer in writing, which was granted, the House adjourning till the next day.
The Exeter objections were as follows:
Humbly Shews
The Freeholders & Inhabitants of Exeter by their Agents the Sub- scribers hereof That whereas Notice hath lately been given in the Public Prints That the Towns of Newmarket Stratham & Towns Adja- cent have Petitioned your Excellency and this Honble Court Praying Liberty to Build a Strong Substantial Draw Bridge over the river that Divides said Stratham and New Market at the Ferry place in Said Stratham or a Little above, And your Excellency & honrs having ordered said Petitioners a hearing of their Petitions on the Second day of the Sitting of this Court after the Seventeenth day of January then next and that said Petitioners give Public notice Thereof.
Whereupon we the Subscribers agents as aforesaid on behalf of our Constituents as well as for our Selves Most Humbly Crave Leave to offer the Following reasons why the Prayer of said Petitioners Should not be Granted, Viz:
1st For that the building such a Bridge would in a Great measure Stop the Course of the Fish Especially the Bass which Providence has hitherto greatly supplyd us with great Quantitys of to the Great Support of our Selves and Towns above us, and many Poor Familys if the Course of the Fish be Stopped will be Likely thereby to be Great Sufferers.
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HISTORY OF NEWFIELDS.
1
2dly For that whereas the said river having been free Ever since The settling the Town of Exeter (upwards of one hundred years) for the passing and repassing of Vessels from hence to Portsmouth & Boston and other Ports, and there being Generally water sufficient for the pass- ing and repassing of any Vessel of one hundred Tons Loaden whereby this Town as well as other Towns above it have reaped great advan- tages By means of Transporting their Lumber and by having return'd to them by the same Vessels The Provisions and Necessaries for the Support of Life & for Commerce and Trade with Each other; Which the building of the aforesaid bridge would greatly hurt if not Totally Stop, & also Prevent Carrying on the building of Vessels in the Town of Exeter which they have as Just a right to do as any other Towns in the Province.
3dly For that the Free use and Privilege of That river to the head thereof was the Principal reason and cause of Peoples settling so far into the Country and Defending their Settlements in such Dangerous & Difficult times as have been since the Settlement of the Same and was also Incouragement to the Inhabitants of Kingston and other Towns to Settle Father into the Country they hopeing to Enjoy the Benefit of Transporting their Lumber in this river without such an Incumbrance as the Proposed bridge would be. And now if the Prayer of the Petition should be granted Those invaluable Priviledges which the respondents have so long Enjoyed and so highly Prised (more than any other part of their Estates) would in a great measure if not Totally be cutt off and would be more Damage to the Town of Exeter and other Towns above it Than to Maintain men and Boats forever to carry over the Petitioners and Every thing they have as often as they please to remove, and Cannot be of such Service to the Petitioners as to Equal the Damage that would be consequent upon it. Neither would the Petitioners themselves be willing that any such Incumbrance should be made upon the river below their Landing places to prevent the Free passage of Vessels to them.
Neither is it likely if Possible for the Petitioners to make and main- tain & Duly attend Such a Bridge in such manner as to Lett all Vessels pass and repass in said river For Vessels going up & Down swiftly with a strong tide cannot come to anchor and wait for any Persons to come and open the Passage for them without great Difficulty & Danger and Damage more than can be at Present Discerned.
4thly For that the building the aforesaid Bridge would be a great Impediment to the conveying Down to Portsmouth the Mast Trees which are Yearly Procured in & brought to the Town of Exeter for his Majestys use, and would also make it very Dangerous to pass with Ves- sells rafts & Gundelows in the Narrow Passage of Thirty foot. For the Straitening of the river must of Consequence Cause the Current to run very swift and Rapid and thereby Greatly Endanger the Lives of the People as well as the Loss of their Vessels Lumber and Gundelows.
5ly We humbly Conceive that the Granting the Prayer of the Petition
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FERRY AND BRIDGE OVER SQUAMSCOT RIVER.
by this honble Court will not only be a Depriving of our Constituants as well as the Towns above us, and others, of their Lawfull right & Privilege but also be a Leading Example for other injuries of the like nature and be a much Greater Injury to the Province in Generall Than Benefitt to the Petitioners or others, in That it would cause the People of this Town and the Towns above us Instead of Transporting their Lumber to Portsmouth to convey the Same to Haverhill and Newbury and thereby greatly obstruct the Trade of the Province.
We do therefore Humbly Intreat That your Excellency & this Honble Court will duly Consider the foregoing reasons and what we may Further Crave Leave to offer why the Prayer of the said Petitions should not be Granted Considering the many bad Consequences it might be attended with, and humbly hope and Desire That Your Excellency and honrs will in your great wisdom Prevent the Same by not Granting the Prayer of said Petition.
EZEKIEL GILMAN DANIEL GILMAN NICHI PERYMAN.
Jedediah Philbrick, agent for Kingston, presents the foregoing reasons as expressing Kingston's objections to granting the de- sired permission.
Exeter's objections led to the following reply of Israel Gilman in behalf of himself and the petitioners :
The Reply of the Petitioners for a Bridge over the River at New Market to the Objections made by the agents of the Town of Exeter.
1st It is objected a bridge would stop the course of the fish &c This is wt the objectors cannot prove, it is Gratis dictum, nor does it carry probability with it that an open Bridge as this is proposed to be should stop the passage of Fish only by having a few Piers stand in the River, it may with almost Equal truth be said that ships & Vessels in the River Stop the Course of the fish, & so there should none of them be Suffer'd to pass, besides the advantage made by fishing at the head of the River is too Inconsiderable to be put in the Scale against the ad- vantage of such a bridge.
2d their second Objection supposes that the building this bridge would prevent all Trade &c. it is not fair to suppose the case otherways than it Really is, or will be. An open Bridge will not prevent trade, passing & Repassing with Vessels &c. a bridge may be so Contrived as to be very little Impediment to that. Some Inconveniencys allways attend the building of Bridges, and if none was to be built but only where there should be no Inconvency attending there will never be another built, & if that had been the Rule of judging concerning those that have been done, there never would have been one made over a River.
But in Such a Case the Greater Public Benefit is to have the Prefer- ence. if the building the bridge will serve 100 People in the Course of a
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HISTORY OF NEWFIELDS.
year to the Same Degree it disserves of prejudices 99 the Bridge ought to be built. that a bridge can be so made as to be very little Damage to the passage on the River, we need only to look about us & see what has been done in other places. Vessels of near 100 ton pass & Repass Lon- don bridge (as well as many other places) tho' they are forced to strike their Masts, yet the trouble was not tho't Equal to the advantage of the Bridge. As to the Lumber Trade tis well Known it Decreases every year at Exeter. Lumber bro't out of the Country is carry'd to other places more than to Exeter, & if this Bridge is built more will come over it or to it in one year, than come down the River from Exeter in three.
3d their third objection is but little different from the 2d. it sup- poses that there could be no passing the Bridge without Insuperable difficulties, which is only beging the Question. the Petitioners think a Bridge may be so contrived as to be no other Impediment in passing but only a few Minutes time & a little care, and they have the Examples of other places & People to support them in their Opinion. as to what they say about the Inducemt to settle at Exeter is a great mistake for they settled there as soon as at Portsmo for the sake of the falls for Grist Mills & not for the Sake of transporting Lumber to Portsmo whence every man there might cut it at his own door or within a few Rods of the River.
4th their 4th objection is still the Same only to make it a little more formidable. the Mast Trees are bro't in & His Majestys name made use of. and is it more difficult for a Mast tree to Swim under a Bridge than for a Gundeloo of wood or a Raft of Boards, what may easily pass as the bridge may be contrived. But how many mast trees are bro't to the head of Exeter River in a year, & those that are might with as Little Difficulty be hal'd below this Bridge & would be so was the bridge erected. but this objection was made only to fright People with those Potent words his Majestys use, and to carry a more frightful idea they Suggest the Lives of the People would be in danger which is nothing but suggestions.
5th The fifth Objection Relates to the depriving People of their Privi- lege. this objection operates Equally in all other cases of this nature & if attended to, no bridge had ever been built, nor tyde mills, nor any works upon Rivers which makes the passage more difficult for they are always some disadvantage to those whose Estates lay above such works, and 'tis almost impossible but that every Public work is a prejudice to Particular Persons. the Repair of a Bridge that the Public maintains is a prejudice to the Owners of the Lands adjoining, & yet it shall be done & the Law will give them no Remedy Because Private Right must give way to the Public advantage. and if it is considered that a great advantage this Bridge must be to two thirds of the People in the four old Towns, & all the new settlems above New Market, Durham, Dover &c, both in peace & war, what is the little difficulty of the trading part of Exeter & those concerned with them in comparison of the advantages of such a bridge which are so plain they need not be mentioned. the wisdom of all well ordered Governments have Esteemed such Building
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