History of Newfields, New Hampshire, 1638-1911, Part 22

Author: Fitts, James Hill, 1829-1900; Carter, Nathan Franklin, 1830-1915, ed
Publication date: 1912
Publisher: Concord, N. H. [The Rumford Press]
Number of Pages: 881


USA > New Hampshire > Rockingham County > Newfields > History of Newfields, New Hampshire, 1638-1911 > Part 22


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Hugh Adams.


228


HISTORY OF NEWFIELDS.


Mr. Adams surely must be given credit for his unsparing plain- ness in the bestowal of praise and blame, and it is presumed that his endeavors were successful in the interest of peace and quiet- ness in the community.


We give here a few extracts from the transactions of the Coun- cil Board and House of Representatives relating to men and mat- ters pertaining to Newmarket :


The governor, November 9, 1738, laid before the Board a let- ter from "Justice Hall touching the Execution of Patrick Fisher on whom were found some counterfeit bills of this Province, as also the Examination."


In his message to the Legislature, February 15, 1739, the gov- ernor recommended that a committee be chosen to visit Fort William and Mary and investigate its condition. Accordingly Capt. Edward Hall and Jotham Odiorne were so chosen "to joyn such as the Honble the Council shall appoint to go down as soon as possible & view what is absolutely necessary to be done at the said Fort & Stores and to bring a particular return as neare as they can compute what the charge may be & make their returne to the Gen1 Assembly as soon as they can." When this committee acted and made report we have not ascertained.


October 24, 1739, Capt. Edward Hall was returned "according to the King's Writ to serve in the General Assembly" for New- market.


February 1, 1740, Captain Hall prayed the Board to swear in Thomas Wallingford as a member of the Assembly, and this was accordingly done.


Captain Hall, February 5, 1740, "entered his dissent against the vote of hearty thanks in the name and behalf of the good People of this Province to John Thomlinson of London, agent of the Assembly of Great Britain, for settlement of Boundary Lines," and February 15, "against the answer of the House to His Excelles speech." On February 12, he was put on a commit- tee to "draw up an Additional Militia Act."


For the years 1742-47, Capt. Israel Gilman was the representa- tive for Newmarket in the General Assembly .. On May 31, June 4 and 9, he acted as "messenger between the House of Represen- tatives and the Governor relating to the choosing of a Recorder," and as a member of the House, July 19, 1744, he "brot up a


1


229


CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


vote for a Committee to Inspect the repairs of fort Wm Mary &c.," and such committee was duly chosen.


That elections in those early days did not always run smooth- ly and satisfactorily is made plain from the following petition to the Legislature, dated June 5, 1745 :


The Humble Petition of Sundry of the Freeholders of the Parish of New Market in said Province Shews-


That ye Freeholders of the said Parish being Intitled to the Privilege of Sending a Representative to the General Assembly met on the 3rd Instant (Pursuant to a precept Issued according to Custom) in order to make Choice of a Suitable Person for that purpose-


That upon Counting the votes it appeared they Exceeded the Num- ber of voters present which Rendered it Probable there was some unfair practice in the proceedings, & made it Doubtful whether the Person said to be elected, was Really so, upon which Seven at Least of the said Freeholders Desired the Matter might be decided by the Poll (as the Law in such Cases , Provides) which the Moderator (Joseph Hall Esqr) utterly refused & denied & thereupon Dissolved the Meeting taking the matter in Doubt to be as he Declared it without giving the Dissatisfyed Persons the least Satisfaction-


That your petitionrs Conceive the Freedom of Elections is the foundation of the Rights of the People, & a fundamental Principle in the form of Government they are under, on which freedom every Instance or Partiality is an Infringement, & the very suggestion there- of ought to awaken a Judicature subsisting only by that freedom, to Examine whether Such Suggestions are true or false-Wherefore your Petitioners pray that this Honble House will take Cognizance of the premises Examine & Determine as to the truth of the facts & the Merits of the Cause Requires & in order thereto to Order the usual and necessary process with all Convenient Speed-and your Petitioners as in Duty bound shall ever pray &c-


Israel Gilman Ezekiel Sanborn Robert Pike


Robert Barber Joseph Sinclair Richard Clark


Nathaniel peas


Nathaniel Piper Joseph Gilman


Edward


Jonathan Bachelder


The man said to be elected was Thomas Young, but the Legis- lature, after a hearing with the selectmen, clerk and moderator of Newmarket present, declared the election illegal, June 12, 1745, and a new precept was issued and Capt. Israel Gilman was elected and sworn in.


April 2, 1745, Meshech Weare and Capt. Israel Gilman were chosen by the House as a committee "to joyn with such as may be appointed by the Honble Council to draw up an act" relative to a law for the relief of poor prisoners for debt."


230


HISTORY OF NEWFIELDS.


In the controversy of the date of January 19, 1745, between Gov. Benning Wentworth, respecting the call of members "simp- ly by the King's writ without the previous consent of the Gen- eral court," reference is made to the precedent of Newmarket and other places as "intitled to the privilege of sending members to sit in ye Gen1 Assembly, by vote of the General Court." It seems the difficulty arose from excluding five members "who were called to be present by the King's writ," in the organizing of the House. Governor Wentworth demanding the grounds of their rejection, the House appointed Capt. Israel Gilman, Me- schech Weare and Jonathan Look a committee to go to James Jaffrey, the late clerk of the House, and demand of him all books, records and files belonging to the House and bring them in. After due examination the House cites Newmarket and other places as precedents and concludes that "such persons as are called on from places yt are not Privileged by the Gen1 Court ought not to vote in this House in the choice of speaker, but the House ought to exclude them as much as if they came from an- other Province." The governor then waived further discus- sion and approved the choice of Nathaniel Rogers as their speaker.


Capt. Israel Gilman, October 5, 1745, "brot up from the House" a vote for paying an account of Dr. Nathaniel Rogers "for Sundy Administration to the French prisoners & a vote of . the House thereon for Paying the same," which the governor ap- proved.


The Legislature, December 20, 1745, "Voted That there be five hundred pair of snow shoes & five hundred pair of Manh- gazins - moccasons - with strings forthwith provided at ye pub- lick expense ... & that they be disposed of & kept in conven- ient Places - Vizt one hundred & fifty pr of each in Exeter & Newmarket."


Capt. Israel Gilman, July 8, 1746, is again made "a mes- senger of the House to the Governor," and on July 30, entered his protest "against action in the Mason claims." Also May 22, 1747, "dissents to a vote to lure the good will of the Six Na- tions."


Edward Hall was chosen to represent Newmarket in the House of Representatives for 1749, and appeared there January 17,


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CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


1749, not having been qualified. A request was then made that he repair to the Council Chamber and be sworn in, which he ac- cordingly did and was admitted to his seat.


The House chose July 1, 1749, Thomas Millet, Edward Hall and Zebulon Giddings as their committee "to joyn such as shall be appointed by ye Honble Council to Examine ye Muster Rolls of the soldiers in ye service of this Governmt in defence of the frontiers in the year 1748 in the Recess of ye Court, and that said Comtee give publick notice to all whose proper business it is to bring in Said Muster Rolls to ye Comtee to be Examined by them & they to Report to ye Gen1 Ass™ as soon as may be that said Muster Rolls may be past & ye soldiers paid."


Capt. Israel Gilman was again chosen to represent Newmarket in the Legislature in 1752, and by him and Jedediah Philbrick, September 28, the House "sent up" to the Council a vote ap- pointing Daniel Pierce, recorder of deeds.


An inquiry was instituted September 25, 1752, respecting the "Right and method of Newmarket - and other towns - then sending Representatives to serve in the Gen1 Assembly." New- market, October 5, was classed with other towns to form a dis- trict for the collection of excise upon liquors, and Zebulon Gid- dings was to be allowed five per cent. for collection.


In 1752, the calendar was corrected, making the year begin January 1, instead of that date or March 25, and September 2, O. S., September 14, N. S.


A new proportionment of the Province tax was made February 1, 1753, and May 17, 1753, by vote the travel of Edward Hall to the General Assembly at Portsmouth was fixed at thirteen miles.


As a member, Capt. Israel Gilman was present August 21 and September 6, 1754, at special conventions of the General As- sembly at Portsmouth.


John Wentworth, January 22, 1755, was appointed collector of the "Excise" to have six per cent. for his service.


The Journal of the House has the following record for Febru- ary 1, 1755 :


Whereas Capt. Israel Gilman is willing at the desire of this house to go to Haverhill with proper officers and endeavor the apprehending of Ebenr Kimball and David Emerson Junr, two persons suspected to be concerned in counterfitting and altering Bills in imitation of the Bills of Credit of this Province,


232


HISTORY OF NEWFIELDS.


Voted, That sd Gilman receive out of the publick Treasury twelve Pounds ten shillings new Tenr to enable him to conduct and manage sd affair, and that he render account thereof to the Gen! Assembly.


With Jonathan Livermore, he took, March 18, 1755, the oath of secrecy, and on April 3, at his desire, his dissent was entered "against the act passed the forenoon granting his Majty £30,000." This had reference to the prospective expedition to Crown Point.


Joseph Smith was sworn in October 23, 1755, as a member of the House from Newmarket. He was one of a committee, July 13, 1756, "on his Excellencys speech to both houses," and on September 2 and 3 attended "a special Convention of the Gen1 Assembly, pursuant to his Excellencys orders." He was also on a committee of the House "to prepare a Bill for licensing taverns." At that date Newmarket had three.


The House, February 23, 1760, and January 28, 1761, ordered the selectmen to take an inventory of certain towns, and April 25, 1761, a petition of the selectmen of Newmarket was granted "for reimbursement of charges for taking care of soldiers with small pox."


Col. Joseph Smith of Newmarket was chosen January 29, 1762, to inform the governor that the House had made choice of Hon. Henry Sherburne for speaker.


On January 18, 1765, the petition of Walter Bryent in behalf of Daniel Ames for bringing Mary Flood, who had been tried for her life and acquitted, from Canterbury, was presented in the House.


Lieut. John Burley was representative from Newmarket in 1766, and on July 1, was chosen messenger of the House to the Council. He also represented the town in 1767.


The first census of New Hampshire on which any reliance is to be placed was taken in the year 1767. It was made under the selectmen of each town, and returned by them to Governor Went- worth. He had several times before attempted to ascertain the number of the population, but with little success. The census of Newmarket was as follows :


Unmarried men from 16 to 60 years of age, 120


Married men from' 16 to 60, 182


Boys 16 years or under, 288


Men 60 years and above, 28


233


CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


Unmarried females,


407


Married females, 198


Male slaves, 13


Female slaves,


16


Widows,


34


The total was 1,286, the seventh town for size in the state. The census as taken at later dates was as follows:


Census of 1773.


Unmarried men from 16 to 60


113


Married men from 16 to 60, 178


Boys 16 years and under,


341


Men 60 years and above,


22


Females unmarried,


435


Females married,


188


Male slaves,


8


Female slaves,


16


Widows,


43


Total


1,344


Census of 1775.


Males under 16 years of age,


322


Males from 16 years to 50,


212


All males above 50 years of age,


50


Persons in the army,


30


All females,


658


Negroes and slaves,


17


Total


1,289


Census of 1786.


Whites,


1,172


Slaves,


2


Total


1,174


In 1790 the population was 1,137; in 1800, 1,027; in 1810, 1,061; and in 1820, 1,033; in 1830, 2,013; in 1840, 1,109 males, 1,614 females, 29 colored-total, 2,732.


In 1771, the year New Hampshire was divided into counties, Capt. Israel Gilman was a member of the House from Newmarket as also in 1772, and was credited respectively with 19 and 57


234


HISTORY OF NEWFIELDS.


days attendance at two sessions, the latter of 34 days, ending February 10, 1773. The certified amount of his pay for 34 days and 17 miles travel, was £12, 8s., 2d.


The governor, with advice of Council, February 2, 1773, ap- pointed Capt. Israel Gilman and Capt. Nathaniel Rogers, jus- tices of the peace. In May, 1773, the number of polls was 252; ratable estates, 362; and proportionate tax of the town, £17, 10s. per £1,000.


Capt. Israel Gilman was also member of the General Assembly in 1774.


The Assembly at Exeter chose delegates January 5, 1775, to the General Congress at Philadelphia, and the following May to the Provincial Congress at Exeter. The towns in voting to send deputies to this Congress, quietly passed from the jurisdiction of a king to that of a republic. Notifications for town meetings were no longer warned in "His Majesty's" name. The dele- gates from Newmarket to the Provincial Congress at Exeter were Capt. Jeremiah Folsom, Capt. Hubartus Neal and James Hill, and to the General Assembly, Col. Joseph Smith.


After the capture of Fort William and Mary, the initial act of the American Revolution, the desire of the people to throw off the British yoke grew stronger and preparations began to be made in readiness for the open outbreak which was foreseen to be inevitable. Committees of Safety were chosen and soldiers en- listed. The Second New Hampshire Regiment was organized with the following officers: Colonel, Enoch Poor; Lieutenant- Colonel, John McDuffee; Major, Joseph Cilley; Adjutant, Jere- miah Fogg.


Captains, Henry Elkins, Winborn Adams, Philip Tilton, Benjamin Titcomb, Jeremiah Clough, Winthrop Rowe, Samuel Gilman, Jonathan Wentworth, James Norris, Richard Short- ridge.


The officers of the Third New Hampshire Regiment were: Colonel, James Reed; Lieutenant-Colonel, Israel Gilman ; Major, Nathan Hale; Adjutant, Stephen Peabody; Quartermaster, Isaac Frye; Surgeon, Ezra Green; Surgeon's Mate, Nathaniel Breed; Captains, John Marcy, Benjamin Mann, Josiah Crosby, William Walker, Ezra Town, Jonathan Whitcomb, Jacob Hines, Levi Spaulding, Hezekiah Hutchins.


235


CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


Lieut. John Burley was at this time, June, 1775, a member of the House from Newmarket. By vote of the Committee of Safety, at Newmarket, June 6, 1775, of which Thomas Tash was · chairman, Mr. Parsons was chosen to present the following peti- tion :


To the Honbl Provincial Congress at Exeter-Gent.


Whereas many Inhabitants of this Town are inlisted in the Prov- incial Service, whose Family whilst they are absent will stand in a great need of Support-and as it might be very Convenient if the Committee of Safety of the Town, could assist such Familys with Provisions or other Necessaries of Life in such Manner that the same might be allowed The Town or any Private Person that inclined to advance for that Purpose; in any Future Proposition of Charges that may be made to Pay of sd Soldiers-


Wherefore we pray the advice of this Honbl Convention- And that your Honbl would direct accordingly-


The Fourth Provincial Congress met at Exeter May 17, 1775. The deputies from Newmarket were Capt. Jeremiah Folsom and Edward Parsons.


On motion of General Sullivan by "vertue of orders from his Excellency, George Washington," certain persons having been brought to the attention of the Congress "on suspicion of their being inimical to the Country and Cause of Liberty," it was voted "That Capt. William Torry remain at Newmarket and not on any occasion leave said Town or Parish without Leave from the Congress or Committee of Safety." Also "That Capt. Nathaniel Rogers confine himself to his own house & Farm in New Market, or if he shall choose to remove himself Twenty miles from Portsmouth and from the Sea, not on any occasion Leave the town or Parish he shall remove to, without leave of the Congress or Committee of Safety."


That the Honble Peter Gilman Esqr confine himself to the town of Exeter, and not on any occasion Leave the said Town without Leave of the Congress or Committee of safety.


Twenty days were allowed them for removal.


It was also voted that in the opinion of the Congress


Samuel Dyer ought to confine himself to his present place of abode in Berwick and that it will not be prudent for him to be allowed to Pass & repass this Colony at present.


John Parker, who doubtless had been under suspicion was


236


HISTORY OF NEWFIELDS.


voted "a Friend to this Country and is Accordingly Set at full Liberty."


Tories were brought before the Committee of Safety and re- quired to give bonds to be of good behavior towards the subjects of the United States, and New Hampshire in particular, not to go more than half a mile from their residence without leave.


This Congress voted to pay Nathaniel Rogers twenty shillings for his services in settling accounts as a Committeeman, and Col. Jeremiah Folsom the balance of his account for fire arms amounting to twenty-four shillings and eight half pence.


July 4, 1775, it was voted "That a Publick Stock of Fire arms be provided for this Colony," and Capt. Jeremiah Folsom was on a committee "to procure 500 good fire arms as soon as may be."


As vacancies were from time to time occurring in the differ- ent regiments which needed to be speedily filled, the field officers, headed by Col. John Stark of the New Hampshire Regiments, sent in a petition to the New Hampshire Committee of Safety, September 29, 1775, for blank commissions to be filled in by the brigadier general for such persons to fill these vacancies as he deemed qualified, thereby saving time and expense.


In reply, the Committee of Safety, October 10, 1775, sent a letter to Gen. John Sullivan acknowledging the receipt of this petition of the field officers, and expressed a willingness to grant the request, but filling vacancies had been made by the Provincial Congress, their special duty, and they were not authorized to delegate such action to any one else. They therefore asked for a list of vacancies, with dates of becoming vacant, and names of fit persons to fill them, and the committee would send commissions as soon as possible.


In accordance with this reply a list of vacancies in Colonel Reed's Regiment was sent in and the following persons were com- missioned to fill them: George Aldrich, Lieutenant in Captain Spaulding's Company; Richard Coughlin, Ensign in Captain Hutchin's Company; William Hawkens, who distinguished him- self in the battle of Bunker Hill, Ensign in Captain Hind's Company, and Stephen Peabody, "who hath ever done the duty," Adjutant.


Lieut .- Colonel Israel Gilman writes to the Committee of


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CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


Safety, June 16, 1775, from Charlestown, saying that Colonel Reed's regiment was fully officered and enjoying a good degree of harmony, but needed very much a chaplain, surgeon and "armor." In a postscript he adds that it is a still time with the regular troops, but "we expect they will make a push for Bunker Hill or Dorchester Neck very soon." The battle of Bunker Hill occurred the next day.


The Provincial Congress, November 8, 1775, voted "That the Selectmen of Newmarket be sent for to attend the Congress forthwith and answer for their neglect of Numbering their In- habitants according to the order of this Congress."1 This Con- gress ended November 16, 1775.


The Fifth Provincial Congress, December 23, 1775, Thomas Tash, delegate from Newmarket, gave leave to those who had previously been ordered to confine themselves to certain places "to go to their respective Business for the space of fifteen days, unless they or any of them should be called for Sooner; and then to make their appearance before this Congress." It was voted January 3, 1776, that they "be Liberated from their con- finement till Further Orders."


For reasons that do not appear, the Provincial Congress is asked to reconsider their action in appointing Capt. Jeremiah Folsom to the office of lieutenant colonel of the Fourth Regi- ment. Several petitions from the inhabitants of that part of the Colony which composed this Regiment contain 205 names. Another petition contained the following Newmarket names: James Hill, Hubartus Neal, Richard Clark, Charles Wiggins, Edward Hilton, Moses Edgerly, Nathaniel Lord, Zebulon Davis, Robert Barber, Jr., Eliphalet Pease, Jonathan Sanborn, John Wedgewood, Josiah Burley, William Burley, William Higgins, Benjamin Stevens, Jacob Burley, Nicholas Doe, Jr., Joseph Meloon, Robert Pike, John Burleigh, David Wiggin, Benjamin Mead, Josiah Hilton, Samuel Baker, Charles Smart, Jr., An- thony Pickering, Benning Brackett, Anthony Pickering, Jr., Levy Pickering, John Perkins, Winthrop Smith, Peter Drown, Stilman Tarlton, John Marston, Jacob Pearson, Daniel Connell, Nat Ames, Edward Colcord, Samuel Dyer, Samuel Neal, Brad- street Gilman, John Bennett, Cotton Bennett, Joshua Brackett,


1 Prov. Papers 7 : 648.


238


HISTORY OF NEWFIELDS.


Nicholas Hartford, Joseph Smart, Thomas Churchill, John Til- ton, Samuel Chapman, Aaron Kenson, James Burley, Jonathan Wiggin, John Tash, Job Savage, Reuben Doe, Thomas Bennet, John Colcord, Robert Jackson, Joseph Folsom, Walter Shute, David Folsom, William Coffin, John Mason, Enoch Remick, John Meader, David Chapman, John Cooke, Jonathan Doe, Moses Bur- ley, John Bennet, Jr., Caleb Clark, John Ames, Andrew Burley, Nat Gilman, Joseph Adams, David Smart, William Folsom and Nat Ames, Jr.


Samuel Baker, James Hill and Wentworth Cheswell, in behalf of the town of Newmarket, sent the following petition to the Provincial Congress, which speaks for itself :


Humbly Shews-That when all America are Asserting and your Honours are specilly delegated to maintain amoung other Things; the Rights of a free Representative, of Representatives being liable to & bound by the Instructions of their Constituents, and of Petitioning for Redress of Grieviances-We doubt not that your Honrs will vouchsafe to hear this Petition, respecting infringements on some of the Rights, by a Member of your Body-The Exercise of arbitrary Power over Places of Honour & Profit has once we have seen overballanced free Representation and helped to Reduce this Nation to a Civil War ; may not therefore appointments to such Trusts, solicited or Accepted by Delegates in violation of the Instructions of their Constituents, be justly esteemed Things of a bad and dangerous Tendency especially when such Honours fall upon Persons either of small Accomplishments or Low Merits- We therefore humbly Pray your honours to Eye the Hand of Freedom in our present case and preserve even in small Things the Priviledges & Immunities of Each Individual- The Town of New- market being the Second in the Regiment have usually had the Second Field Officer appointed there: They still humbly pray for a continuance of the Same Favour ; and they did specially order and Instruct their Delegates to represent to your Honours the Desire of the Town That Major Thomas Tash might be appointed a Field Officer here, and themselves to use their Influence and Vote for said Tash accordingly- tho' not with any the most distant view of an exclusive Right to dictate to your Honours in the Matter, but only on a Confidence founded on Evidence of his Courage and good Conduct manifested in the last War, and his firm and generous Exertions in Defense of the Common Cause from its earliest rise: and from the Advantages they have from their Situation to gain the Knowledge of the Person in this Town most worthy of such an office above that of many of your Honours to whom the inhabitants of this Town are Strangers-And it cannot justly alarm us that Capt Jeremiah Folsom one of our sd Delegates should, repugnant to such Instructions not only neglect to inform your Honours


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CIVIL, LEGISLATIVE AND MILITARY, 1727-1787.


of his sd Instructions or even regard them himself, but Presumptiously (to use his own Words) "crawl into the Gap" The very place which he by the ties of his Word & Honour was obliged to endeavor to precure for another-


This Conduct (had his Accomplishments as an Officer been equal to those of Major Tash or even greater) would we conceive have Apolli- gized for this Petition-it was this amoung other Reesons that induced the Town of Newmarket at a meeting of its Freeholders and other Inhabitants to Vote to dismiss the said Folsom from all further Service and to chose us a Committee to prefer this Petition-humbly to beseech your Honours to reconsider said Appointment, and permit this Town still humbly to recommend the said Tash to your Honours Consideration & humbly pray your Honours gracious Acceptance and Approbation of such Choice-And your Petitioners as in Duty bound shall pray- Newmarkett 5th September 1775




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