[4-237] [Proceedings in a Parish Meeting, 1773.]

143

We the subscribers being present at the Annual Parish meeting at Hampton falls 9th of march 1773-Jona Fifield Esq' was Chosen moderator after which he the Moderator ordered the Voters to bring in their Votes for a Clerk in wrighting and after the Moderator had counted them he declared Cap" Caleb Sanborn was Chosen Clerk-A Dispute Immediately Arose and a Poll demanded, which was denied some Considerable space of time, but more than one hour after the first demand, the Moderator granted a Poll, & ordered them that were for M Benja Tilton to be Clerk, to go out at the east end of the Meeting house, & them that were for Capt Caleb Sanborn, to go out at the west end, & ordered m' David Batchelder to number them, said Batchelder said, the number for Tilton was forty Three-But those that were for Sanborn kept there places, in the meeting House, & would not go out to be numbered the Moderator & others then said Sanborn was Chosen by Proxy, & that was the end of the Law The party for Benja Tilton still required a fair Devision by Poll, & about Twenty then again demanded it-After some time more was Spent in dispute the Moderator ordered all them that were for m' Benja Tilton to be Clark to go into the Womens seats, and them for Cap Sanborn to go into the mens seats, and again m' David Batchelder Number'd both parties-After which said Batchelder said the number for Tilton was fifty five and the number for sanborn did not exceed Thirty three-and directly after said Batchelder had reporeted the numbers, the Moderator Administered the oath of a Clerk to Capt Caleb Sanborn-Our Judgement by Appearence of the Numbers is that their was more than two for Tilton to one for Samborn

John Lane

Samuel Tucke

Henry Elkins
John Blake

Abraham Sanborn
Jesse Tucke

[4-238] [Summons to Witnesses in foregoing matter.]

Province of New Hampre

To Major John Lane of Kensington Cap Henry Lane Elkins Ensign Samuel Tuck David Batchelder

You are hereby required to make your appearance before the General Assembly on Wednesday next then to give evidence of What you know relative to a Petition preferred by sundry of the Inhabitants of Hampton falls of & concerning a dispute at their last annual Town meeting with regard to the Choice of a Parish Clerk as by said Petition more fully appears

Hereof fail not as you will answer your default under the pains & penalties of the Law

Dated at Portsmouth the thirteenth day of May A D 1773

Geo: King D Sec

Province of New Hampshire Rockingham ss

May 13th 1773.

I have Summoned all the within named Witnesses to Appear According to the within Summons

Per Jonathan Cram

[4-239] [Petition concerning aforesaid Dispute.]

To his Excellency John Wentworth Esq' Captain General Governer and Commander in Chief in and Över his Majestyes Province of New Hampshire; To the Honble his Majestys Councill, And to the Honble House of Representatives in General Court Assembled May 1773.

Humbly Shew your Petitioners That at our Annual Parish Meeting in March Last, after the Moderator was without controversy or Opposition Chosen it was moved that the Parish Clerk Might be Chosen by written votes. they were Accordingly Called for and Regurlaly brought in and no Exceptions taken or Complaint made that the Ballot was not fair, untill it appear'd by counting the Votes that Cap Sanborn was Chosen, Then a Poll being Demanded was granted, And the two Parties who were for or against the Clerk that had been Declared Chosen being Seperated and no Exception taken that the Seperation was not Sufficient for Determining the Poll exactly, the Moderator desired One of the Last years Selectmen to Count those on One Side and who were of his party, while he Carefully Numbered the Other Party himself; at length Mr Batchelder, who was the person Desired by the Moderator to Count one side Returned to the Moderator, and without Exspressing any uneasiness as to the Manner of the Poll or doubt as to the Number of persons he was Employed to tell, Declared the Number precisely, and the Moderator Declar'd the Number on the Other Side, Whereby it appeared that Cap Sanborn was Chosen Clerk by Poll as he before had been by Ballot-nor did any Dispute Arise about the Regularity or Validity of the Poll that had been taken untill the Number were Declared on both sides and it Appeared who was Chosen. Then a Poll again Demanded which was Judged needless and unreasonable by many and they

declined paying any regard to it, Insisting that the Clark was clearly Chosen already both by Ballot and Poll, and the Moderator altho' willing to have gratifyed even an unreasonable Request yet thought it incumbant upon him and did proceed to Admit him by Oath to his Office-That as the Selectmen and Other Parish Officers there is no dispute of their being legally Chosen and so no pretence for having the Choice of them made void, had the adverse Party been a Majority at the Meeting as has been pretended they might have had an Oppertunity of Shewing it by After Pollings and Choosing such officers as they pleased, But as we doubt not they being Conscious that they were the Minority withdrew and left the Majority peaceably to Choose those Officers they saw fit. That at the Adjournment of the Meeting, upon a Motion made by one in Opposition to the proceedings of the Meeting it was put to vote whether the Parish would reconsider their Votes respecting the Choice of Parish Officers and it passed in the Negative, That the Selectmen and Other Officers have proceeded in their business as bound by the duty of their Offices Excepting wherein they have been prevented by some persons unreasonably keeping the books and Other necessary papers belonging to the Parish out of their hands-That it would put the Parish to very great Trouble and Expence to Call a new Meeting, and Especially to Choose all the officers anew wou'd throw many Affairs into great Confution such as takeing the Invoices for Taxation as by law Directed, paying the School Marster and the Like which we trust will not be done only in Case of necessity and much less where there is no pretence of Dispute in any transaction of the Meeting except in the Choice of Parish Clerk and in that as we humbly Conceive very unreasonable. And we apprehend that the Major Part of the Parish who were at Said Meeting are not only fully Satisfied that the Meeting was legally and fairly Conducted but also well Contented with the Persons Chosen to the Several Offices, We are led thus to Lay before your Excellency and Honours an Account of the Proceeding at Said Meeting being informed that a Number of the Inhabitants of Hampton falls have Petitioned the General Assembly representing the Proceedings at said Meeting to be illegal and unfair and praying they may be Set aside A Copy of which Petition with the order of Court for a hearing thereon has been Read to, but Refused to be left with the Moderator of Said Meeting, so not being Acquainted with any thing more then the General purport of the Petition cannot make so purticular a Reply As Otherwise he might. But can only give a true Account of the Proceedings of the Meetings by which we trust it will appear Clear to your Excellency and Honours that their Petition is Groundless and Calculated to keep up Divisions and Disputes in the Parish

Wherefore your

Petitioners humbly Pray That said Petition may be Dismiss'd, and as in Duty Bound we Shall Ever pray &c :

I was not present at the Meeting but from all the Accounts I have Since had Am fully Satisfied the foregoing is a true Account of the transactions of the Meeting respecting the Poll

[The last clause is in the handwriting of M. Weare.ED.]

[4-240] [Another Statement relative to the foregoing Dispute.]

To His Excellency John Wentworth Esquire Captain General Governer & Commander in Chief in & Over his Majesties Province of New Hampshire

To the Honble his Majesties Councill and House of Representatives for Said Province Convened in General Assembly

Most Humbly Sheweth

The Subscribers Freeholders and Inhabitants of the Parish of Hampton-falls in the County of Rockingham in Said ProvinceThat at the Annual Meeting of the Freeholders and Inhabitants of Said Parish held at the New-meetinghouse in Said Parish on the Ninth day of March AD 1773-Jonathan Fifield Esq' was Chosen Moderator for Said Meeting, and Called upon the Voters to bring in their Votes for a Parish Clerk, whereupon one Party Voted for Caleb sanborn and the Other Party (of which your Petitioners are) Voted for Benjamin Tilton to be Parish Clerk for the Currant year, and upon Sorting the Votes

the Said Moderator Declared that Capt Caleb Sanborn was chosen, But we (Suspecting that Several who Voted for Said Sanborn were not Legal Voters and that some had put in more than One Vote Each) to the Number of Eighteen Desired and Requested a Poll, which was for some time Denied us, but at length Granted, and David Batchelder one of the Select men was Ordered to Number the Polls of the Voters, who made Report to the Said Moderator that there was Fifty five Votes for the Said Tilton & Thirty two or thirty three for Said SanbornNotwithstanding which the Said Moderator then (to our great Surprise) declared the Said Sanborn to be Chosen Clerk and imediately Administered the Oath to him Accordingly—

Which Proceedings We humbly Conceive to be Unfair, Illegal and Designed by the Said Moderator to hurt and Injure the Major Part of the Legal Voters in Said Parish—

Wherefore and for many other good Reasons to be offered & Proved to your Excellency & your Hon" upon a hearing of this our Petition We Humbly Pray your Excellency & Honours to take our Case under your wise Consideration and Nullify and make Void the Proceedings of said Meeting and Order the Selectmen for the last year or some other Person or Persons to Call and warn another Meeting of said Freeholders & Inhabitants as soon as may be for the Choice of all Parish officers in said Parish for the Currant year, Or Otherwise grant us Such Relief in the Premises as to your Excellency and Honours Shall Seem Meet.

And your Petitioners as in Duty Bound shall ever Pray &c Hampton falls March 29th 1773.

[2-242] [D. Bachelder's Statement concerning same.]

David Bachelders Decleration of the managment of the annual metting Held in Hampton Falls on march 9th 1773 being