USA > New Hampshire > Grafton County > Plymouth > History of Plymouth, New Hampshire; vol. I. Narrative--vol. II. Genealogies, Volume I > Part 16
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By order of the Committee
JOSEPH PEARSON, Depty Sec'y.
To the Committee of Safety for the State of New Hampshire -
May it please your Honors - Joseph Smith, whom we claim in behalf & for the Town of Plymouth, the support of our Claim is by the Depositions herewith presented and the following Reasons, viz : - That the said Smith, in the first Establishment of the Continental Army, en- gaged for Plaistow for three years, at the expiration of which we conceive he had fulfilled his engagement to Plaistow, his Reinlisting we conceive gives Plaistow no further Title to him as he was free from any town when he Reinlisted and his family in Plymouth and belonging there himself &
179.
REVOLUTIONARY DOCUMENTS.
this Town is liable to be called upon by his family at any time when they stand in need for support, we conceive no Town has a right to him other than Plymouth. Our having our quota without him does not dehar us of him as our Right, we know not how soon we may want a man. - It has been reported that Plaistow has got a Rect from him that he is en- gaged for them during the war, but we believe your Honors will see that, that must be some mistake as his engaging for Plaistow during the war and Inlisting but for three years would be Inconsistent with Reason, - We leave it with your Honors, not doubting that you will do what ap- pears to be just in the affair. - Said Smith was at home in Plymouth on furlow in April, May &C. in 1780. - We have engaged Capt. Benjamin Rogers to wait on you with this as the shortness of the notice & distance of the way makes it inconvenient for us to attend.
From, Gentlemen, Your Humble Servants SAMUEL EMERSON RICHARD BAYLEY S Selectmen.
Plymouth 3ª Oct. 1781
Selectmen of the Town of Plaistow.
Gentlemen - Please to pay Stephen Wells or order Four pounds ten shillings Lawful Money and place the same to the acc't of my Husband Joseph Smith, who is one of your Towns Quota of Continental Soldiers as so much of his wages received by me, it being for money supplied me by said Wells to the amount of that sum as witness my hand at Plymouth this 30th day of August 1782 -
HANNAH SMITH
Test - Petr Dear Bon - Zebadiah Richardson
PLYMOUTH June 13th 1782 -
To the Selectmen of Plaistow,
Gentlemen please to pay Mr. Stephen Wells seven pounds ten shil- lings lawful money it being for a Cow & other supplies Receivd of him to that amount, which shall answer to you as so much supplied the Family of my Husband, Joseph Smith who is one of your Towns Quota of Conti- nental Soldiers -
HANNAH SMITH
test Stephen Webster Jun. Jacob Draper
June ye 20th 1782 then Recd of the Selectmen of Plaistow in full for the within
Per STEPHEN WELLS
PLYMOUTH March the 8th 1782 -
This may Certify that the Subscriber being the wife of James Barns one of the Continental Soldiers of the Quota of the Town of Plymouth
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HISTORY OF PLYMOUTH.
have Recd of the Selectmen of and in behalf of said Plymouth the sum of twelve pounds lawful money silver in supplies from the last day of December 1780 to the first day of January 1782 being one year - Test John Rogers
her mark SUBMIT X BARNS
PLYMOUTH 25th Decr 1782.
This may Certify that the Subscriber being the wife of James Barnes one of the Continental Soldiers of the Quota of the Town of Plymouth have Receivd of the Selectmen of said Plymouth in behalf of said Town Twelve pounds lawful money silver in supplies from the last day of December 1781 to the first day of January 1783 being one year
Witness Samuel Marsh
her
SUBMIT X BARNS
mark
John Taylor Gilman, Esq. Treas' of the State of New Hampshire. Sir. please pay to Joseph Senter Esq' the wages due to me on account of my late husband James Barns Deceased being late a Continental Soldier of one of the Quota of the Toun of Plymouth and you will oblige, yours &c
her SUBMIT X BARNS mark
Plymouth 22ª October 1784 Test Sam' Emerson.
This may Certify that the Subscriber being the wife of Edward Evins one of the Continental Soldiers of the Quota of the Town of Plymouth did receive of the Selectmen of said Plymouth in behalf of said Town the sum of eight pounds three shillings and one penny lawful money silver in supplies from the first day of January 1780 to the first day of January 1781 being one year deducting out of the same the like sum in Continental Currency (which I lodged) in value according to the scale of depreciation as the first day of August 1780
Plymouth 25th Decr 1782
ELIZABETH EVENS
Edward Evans [Evins]
Dr
1784 July 3. To a certificate dld. Mr Joseph Pearson Border £18 - -
1885 Aug 10. To a certificate dld. Moses Dow Esq. Border £12. 18.8
Contra
Wounded - Vote March 1. 1783
By half pay from Jany 3. 1783 to July 3. 1784. £18 By half pay from July 3. 1784 to July 31. 1785. inclusively £12.18.8
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REVOLUTIONARY DOCUMENTS.
There is due to Edward Evans Eighteen Pounds for half Pay in full to July 3d 1784 EPHM ROBINSON Paymast
Exeter July 5th 1784 £ 18-
July 6-1784 Received an order on the Treasr in behalf of Edwd Evans for the above Sum - JOSEPH PEARSON
State of New Hampshire. This certifies that Edward Evans served as a private in the First New Hampshire Regiment - that he has pro- duced sufficient Evidence that while in the Service of the United States he received a wound in his ankle, which being still unhealed renders him an Invalid - and that we judge him to be thereby entitled to a pension of twenty shillings per month from 31st July 1786 -
Exeter 2nd Decr 1786
JOSIAH GILMAN Junr SAME TENNEY Committee
PLYMOUTH December 2rd 1786 - Grafton ss.
Then Edward Evins came before me one of the Justices of the Peace for the County of Grafton in the State of New Hampshire and made Oath that he is an Inhabitant of the Town of Plymouth in the County aforesaid SAML EMERSON Just Peace
November 3rd 1788 -
State of New Hampshire Grafton ss.
Edward Evins came before me one of the Justices of the peace for the County of Grafton in this State, and made Oath that he was examined by Doctr Samuel Tenny appointed by said State for that purpose, obtained a Certificate and that he now lives in the Town of Plymouth in the County of Grafton aforesaid
SAML EMERSON Just Peace
State of ) To the Honhle the Senate & House of Representatives New Hampshire § of said State in general Court convened -
Humbly shows David Webster of Plymouth in the County of Grafton Esq & Sheriff of said County. That he has been at great expense in going to the several Towns in the County of Grafton, with the Extents that have issued against the same, for the poor payment of Taxes, vz the Extents issued in June A D 1782. Feby 1782 March 1783 & August 1783. And that your Petitioner was unable to serve the same by reason of there being no Selectmen within the Towns, against which said Extents issued. Wherefore he humbly prays your Honours would take his case into your wise consideration : & grant him such recompense for his time
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HISTORY OF PLYMOUTH.
& services aforesd as your Honours shall think sufficient - And you Petitioner will ever pray &cª -
DAVID WEBSTER - Concord October 26th 1785 -
Newhamps: S
State of In the House of Representatives Nov: 3d 1785
The Committee on the petition & account of Col. David Webster, Reported, that Twenty pound be allowed the sd Col. Webster in full of his account, & that the Treasurer be directed to add to the Taxes of the next year on those towns (mentioned in Colº Websters petition who were incorporated at the time the Extents issued,) their proportion of the abovesaid sum of Twenty pounds -
Sign'd M. Thornton for the Committee which report being read & con- sidered, Voted, that it be receiv'd & accepted - & that the President give order accordingly -
Sent up for Concurrence
JNO SULLIVAN Speaker
In Senate the same day read & concurred
J PEARSON dep Secy
Warnt granted
To his Excellency the President and the Honble the Council of the State of New Hampshire
The Petition of the subscribers in the County of Grafton - humbly Sheweth
That whereas Coll David Webster of Plymouth was appointed Sheriff for said County in a critical Period of political affairs, & has executed said office, with Fidelity to his Country, & to this State in particular, - as well as to very general approbation of the Inhabitants of said County of Grafton : - that by the disposition of his affairs to serve the public in this capacity it would be detrimental to his interest, & unless the public good plainly pointed the preference of some other to succeed him it would appear implicit inattention to the merit of said Webster's good behavior, to be neglected now : - that it would tend to embarass the settlement of affairs committed to him, & in part executed, & make such additional Cost, under which the County already groans, to have said affairs committed to another for further execution : - that it is very improbable if any other, not so firmly attached to the American Cause should be appointed to succeed him, that it would give so general satis- faction as said Webster has done -
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REVOLUTIONARY DOCUMENTS.
We therefore pray your Excellency & Honors that said David Webster may be appointed Sheriff for said County of Grafton, & we shall as in duty bound ever pray &c
January 28th 1785 -
Moses Baker
Abel Willey
William Baker
Jabez Church
Jared Church
Timothy Ingalls
Gershom Burbank
John Clark John Foss
Abel Willey
Elias Cheney
William Elliot
John Southmayd
Oliver Tayler
Francis Worcester
Nathaniel Tupper
Moody Cook
Josiah Brown
Samuel Holmes
Jonah Chapman
Samuel Stearns Junr
Edmund Marsh
Jonathan Cone
Josiah Brown Jr
William Page Junr
Cutting Cook
J. Robbins
John Holmes
Hobart Spencer
Carr Huse
Uriah Foss
184
HISTORY OF PLYMOUTH.
XIV. COUNTY RELATIONS.
TN accordance with the act of 1769 the province of New Hamp- shire was divided into five counties - Rockingham, Hills- borough, Cheshire, Strafford, and Grafton. The three counties first named were organized in 1771, and county officers were then appointed. The counties of Strafford and Grafton were more sparsely settled, and by the terms of the act the two counties were to constitute a part of Rockingham County until the governor, with the advice of the council, should declare them competent to assume county organization. Already the premonitory voices of the Revolution had reached the attentive ear of the governor. The organization of the two counties gave him an enlarged prerogative in official patronage. Ever pleased in rewarding his friends, he also seized an opportunity of making official overtures to a few dissatisfied men. The organization of Strafford and Grafton counties was not long delayed. May 28, 1772, the governor issued the following message to the council and the assembly: " I recom- mend to your consideration the previous measures necessary to be enacted toward Enabling the Counties of Strafford & Grafton in this Province to Exercise & enjoy County Privileges."
A joint committee of the council and assembly was appointed the same day, and eight months later the act was passed and approved.
Anno Regni Regis Georgii Tertii Magna Britania Francia & Hiber- niæ, Decimo Tertio.
An Act for fixing the Times & Places for holding the Courts in the Countys of Strafford & Grafton.
185
COUNTY RELATIONS.
Whereas by the Act for Dividing this Province into Counties the Countys of Strafford & Grafton were to be counted & taken as Parts & members of the County of Rockingham until the Governour & Coun- cil should declare them respectivly sufficient for the Exercize of their Respective Jurisdiction - And Whereas the Governour by & with the advice & Consent of his Majesty's Council of this Province has declared the Said Countys Sufficient for the exercize of Said Jurisdiction - Therefore
Be it enacted by the Governour Council and Assembly That the Sev- eral Courts in the County of Straford shall be held as follows Viz. A Court of General Sessions of the Peace on the Second Tuesdays of Jan- uary July & October at Dover annually & an Inferiour Court of Comon Pleas on the first Thursdays next following the Second Tuesdays of Jan- nary July & October at the Same Place Annually & one Court of General Sessions of the Peace on the Second Tuesday of April Shall be held at Durham in sd County Annually And one Inferiour Court of Comon Pleas on the first Thursday next following the Second Tuesday of April At Dur- ham Annually and A Superiour Court of Judicature be held at Dover aforeSaid on the last Tuesdays of May annually this Regulation shall Continue for the Term of Seven Years and after that Time the sd Supe- riour Court to be held at Dover & Wolfborough alternately and the Said Courts of General Sessions of the Peace & the Said Inferiour Courts of July & October to be held at Wolfborough.
And be it further Enacted that the Several Courts in the County of Grafton shall be held as follows (Viz.) four Courts of General Sessions of the Peace on the third Tuesdays of January April July & October Annually & four Inferiour Courts of Comon Pleas on the first Thursdays next following the third Tuesday of January April July & October annu- ally at that the Courts of General Sessions of the Peace & Courts of Comon Pleas of October & April shall be held at Haverhill & those of January & July Shall be held at Plymouth in Said County and that there be held in Said County annually one Superior Court of Judicature on the Second Tuesday in June at Haverhil & Plymoth Alternatly And whereas it will Require Some Time after the Passing this Act to appoint & comission the Proper Officers to build Prisons Court Houses & other Necessary Edifices within Said Countys for the Due & Proper Exercize of the Jurisdictions aforeSaid therefor this Act shall be Susspended for the Term of four Months and all Writts & Processes to be Issued shall be Conformed to the Directions of this Act and not withstanding the suspension of the Operation of this Act the Court of General Sessions of the Peace in sd Countys may Set and Act for the Purposes Only of
186
HISTORY OF PLYMOUTH.
Raising Money to build Court Houses Prisons & other necessary Publick Buildings Imediatly
Province of ) In the House of Representatives Febry 3d 1773 this Bill New Hampe S having been Read three Times Voted that it Pass to be Enacted
J WENTWORTH Speaker
In Council Febry 5 1773 This Bill was Read a Third Time & Passed to be Enacted
THEODORE ATKINSON Secry
Consented
J WENTWORTHI
Recorded According to the Original Act under the Province Seal Attest THEODORE ATKINSON Secry
The division of the county into two judicial districts and the shire towns were determined by the provincial government and ex- pressed in the act. In the discussion upon this subject, which preceded the act, it was generally conceded one-half of the courts should be held at Plymouth, and the town of Plymouth, Sept. 22, 1772, paid David Hobart and David Webster "for time and expense going to Portsmouth on county affairs." At the same time the western towns of the county were not listless or indif- ferent. The petition of Alexander Phelps and Israel Morey, rep- resenting Lyme and Orford, prayed " that one half of the Courts may be held in one or the other of said towns." John Hurd, representing the desires of Haverhill, Bath, and Lisbon, was in- structed to petition for one-half of the courts at Haverhill. His petition is on file in the State archives : -
Province of ? To His Excellency John Wentworth Esq: Governor & New Hampsh Commander in Chief of sd Province - The Honble His Majesty's Council and the Honble House of Rep- resentatives in General Court assembled -
The Memorial of John Hurd Agent for & in behalf of the Proprietys of the Townships Haverhill Bath & Gunthwaite within the Bound of the County of Grafton - humbly sheweth -
That whereas tis expected the said County of Grafton is now at this sessions of the General Court to be established & to assume the Exer- cise of its County Priviledges - And as the places for holding the Courts is of very important Consequence to the present Settlement of that part
187
COUNTY RELATIONS.
of the Country & its future Weal - Your Memorialist humbly prays Your Excellency & Honors, with the Honble House of Representatives, to take it into Your Consideration, whither the Town of Haverhill may not be the most suitable place for the present purpose, it being not only pleasantly & conveniently situated on Connecticut River & nearly Cen- tral to all the Settlements in the County, but most forward in their Agriculture & Improvements - And by the large Quantitys of Grain & provisions yearly produced there, and at Newbury, on the Opposite side of the River, most capable of supplying not only the Demand for all the new settling Towns, as has been the Case for several Years past, but any Courts that may be held there, with their necessary Attendants far beyond what can be done in any other of those Infant Settlements - And if any preference is to be given to Industry & Resolution, the Town of Haverhill really merits it-the Inhabitants of wch have undergone, in first exploring ye Country, cutting out New Roads, & prosecuting their settlements, the greatest Difficultys & Hardships - Moreover the holding the said Courts so far up the River may & indeed must be an Induce- ment to the Settlers to open & keep good all their Roads leading thereto - the River Road & late enacted Province Road so calld especialy - of Course will it benefit the Whole Country & this Capital Portsmouth in particular by enabling the back Settlers at an easy Expense to transport all their spare produce to this Market -
On these Considerations Your Memorialist humbly prays that the said Town of Haverhill may be appointed the first Shire Town in the County of Grafton for at least Three Years - that both Inferior & Superior Courts may be there held for that Term of time-And hereafter with such Alteration as to Your Excellency, Y: Honors & the Honble House of Representatives in their great Wisdom may seem meet - And Y' Memorialist as in Duty bound will ever pray, &c &c-
J HURD
Portsmouth 26th May 1772 -
In 1773, when the county was organized, the only towns in the new county containing over three hundred inhabitants were Haverhill, 387; Plymouth, 345; and Hanover, 342. From a later standpoint these were small towns, but at that date they were the principal towns in northern New Hampshire. To com- plete the organization of the county, Governor Wentworth promptly appointed the county officers. May 18, 1773, he appointed John Hurd of Haverhill chief justice of the Court of Common Pleas, and Moses Little, Asa Porter of Haverhill, and Bezaleel Wood-
188
HISTORY OF PLYMOUTH.
ward of Hanover associate justices. Moses Little, " by reason of his other business out of this province," declined, and July 7, 1773, David Hobart of Plymouth was appointed an associate justice. William Simpson of Orford was appointed sheriff and immediately removed to this town, where he resided six years. John Fenton was the Judge of Probate and Clerk of the Courts. The Register of Probate was Jonathan Mitchell Sewall of Ports- mouth. He soon resigned, and Moses Dow of Plymouth was appointed early in 1774. The county treasurer was John Hurd. At this date registers of deeds were appointed for one year, ending in May, and a committee was appointed in each county to have the custody of the records in the event of the death or disability of the register or recorder. Feb. 6, 1773, John Hurd was ap- pointed to serve until May, and the committee were Alexander Phelps, David Hobart, and Charles Johnston. In May Mr. Hurd was appointed for the ensuing year, and the committee were Bezaleel Woodward, David Hobart, and Charles Johnston.
In the original division of the province into counties, Campton and Holderness were in Strafford County until 1782, and Conway was in Grafton County until 1778.
The Court of Sessions, for many years an extinct court, was a complex and consequential wheel to the judicial chariot of former times. It was composed of the justices of the peace of the county, and its powers were judicial and prudential. It devolved upon this court to exercise full power in the construction of courthouses and jails. At a session, of which the record is lost, this court appointed Samuel Livermore, and probably two others, a commis- sion to build a courthouse in Plymouth. At a session of the court convened at Haverhill, April 23, 1774, the commission for building the courthouse and jail at Plymouth " were empowered to agree with David Webster for the hire of his dwelling house and the temporary goal adjoining upon the best terms they can until the next General Sessions."
" The Sheriff came into Court and protested against the suffi- ciency of the temporary goal at Plymouth."
-
OLD COURTHOUSE, 1860
-
---
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COUNTY RELATIONS.
At the session convened July 20, 1774, it was "Voted that the sheriff be ordered to notify the selectmen of Plymouth and Haver- hill that it is expected they erect stocks and whipping posts in their respective towns forthwith near their respective court houses and goals."
David Webster lived on the site of the Pemigewasset house, and the site first selected for the courthouse was east of Main Street and very near his dwelling-house. The structure was raised before July, 1774. For some reason David Webster preferred another location for the county buildings and stocks and whipping- post, and he offered to present the county two acres of land on the opposite side of Main Street, and the frame was removed to the west side of that street. In regard to the change of site of the first courthouse the action of the court of sessions follows: -
At the session July 21, 1774, voted that David Webster be allowed to remove the frame of the court house of Plymouth from the spot where it now stands to and upon the hill opposite, he giving a deed to the County of that tract of land being two acres more or less, and removing and erecting said frame immediately at his own expense and in as good order and condition as it now stands. Upon due performance of which said Webster to have his former deed cancelled.
Voted that the committee empowered by a former vote to erect the court house and goal in Plymouth be also empowered to take a sufficient deed for the above two acres of land, more or less, of Major David Webster and to cancell his former deed.
Accordingly, the frame of the courthouse was removed westerly across Main Street to near the corner of Russell and Pleasant streets, and east of the ledge west of the house of the late John Mudgett, and there it remained and in continued use nearly fifty years. It was completed in the autumn of 1774, and one Tasker was paid for labor and materials by a draft on John Hurd, county treasurer, dated Oct. 29, 1774. The building was 34 by 34 feet on the ground, and from the centre of the roof arose a stately cupola out of proportion to the diminutive size of the structure. The completion of the first courthouse was an event in the annals of Plymouth. It was built by the fathers and dedicated to an
190
HISTORY OF PLYMOUTH.
honored use. It was an expression of their love of justice and their respect for the court. The Revolution followed, and under a reformed government the courthouse became the temple of an independent judicial system and the emblem of a better system of laws and government.
A new and enlarged courthouse was built in 1823. The goddess with blinded eyes and impartial scales was seated upon a more pretentious throne. The old courthouse was deserted. The golden memories of former years were ruthlessly brushed aside and the building was sold and put to an ignoble use. The cupola, once the pride of Plymouth, was destroyed, and the first courthouse was removed to the easterly side of South Main Street, immedi- ately south of the house formerly of William R. Park. There it was used as a wheelwright shop, and later it was closed and suffered to remain in unawakened paralysis many years. The honor of the restoration of this memorable building, and its re- dedication to a fitting use, is due to Henry W. Blair. In 1876, a year of centennial memories, he purchased it and removed it to a convenient location. At the same time he restored it, except the cupola, to its original form, and presented it to the Young Ladies Library Association. The restoration of this honored land- mark of Plymouth was a commendable and thoughtful benefaction. In the willing gratitude of the present and of future generations Senator Blair will reap a rich and merited reward.
The old courthouse, a memorial of the past and present, is pre- served. It has survived several removals, and it has experienced as many changes. It has been a temple of justice, the shelter of a humble industry, and the home of a library. At all times and under all conditions it has been an instructive witness of the simple manners and the rugged character of the men who built it. Enter, the spirit of the fathers will meet you at the door. The inner temple is a panorama of mingled personalities and is eloquent with the voices of living memories. The walls still echo the spoken words of able men who debated principles and ren- dered decisions during four decades succeeding the Revolution.
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