read & ordered to be sent Down to the Honble House togeather with the three other Petitions for the same affair here unto annexed Prov of Theod Atkinson Secy New Hampre} In the House of Representatives Dec 6th 1746 Voted That the within Petitioners be heard on their Petition ye second Day of y setting of ye Gen1 Assembly after y seventeenth Day of Jan. next & that y Petitioners at their own expence advertise ye publick three Weeks successively between this Day & ye aforesaid 17th of Janu3 (in ye Postboy & Evening Post News Papers so called) of ye Tenor of ye Prayer of said Petitions (Viz) 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 y proper Cost & charge of y Petitioners that any or every one may have opportunity to shew Cause if any they have why y Prayer of s Petitions should not be granted. D. Peirce Clr In Council December 7th 1746 read & Concurr'd Theodore Atkinson Secy December 11th 1746 Assented to B. WENTWORTH Where as Sum of the Inhabitence of Several townes within this Provence have Petitioned the Gen' Court to Grant Liberty for the bulding of a bridge over Exeter River Between Stratham and New market and the Gen1 Court having apointed a Day for the hearing of sd Petitioners, Leberty being Given for all persons to apear that are against said Bredge being bult to Shew ther Resons against the same. At a Leagal parish meeting held at Brintwood on Monday the 16th Day of March 1747 at the hous of Nicolas Gorden in sd parish Voted that there be no bredge bult between Stratham and Newmarkit by Reson we apprehend it will be a Great Dammeag both to the trade and fishere Copy Exam'd Biley Hardie parish Clarck May ye 18th 1747. Province of In Pursuance of a vote of General Assembly of ye New Hampre 4 Instant We the Committee Have been and Viewed the places as mentioned in a petition for building a Suficient Draw bridge over the River between new market and Stratham and we have unanemusley agreed that the bridge be built over said River to begin to be built about twenty foote below a white Pine tree Standing about the ferry place on Wigginses land and so to Run as straight over or across said River to Robert Smarts land as it can be built for Conveniency of Setting Said bridge. The Distance between the Peers under the Draw bridge to be twenty six foote and the Distance between the Pears for Rafts and other Necessary to be forty or fifty foot and the tops of the Caps between these vacancies to be Seven foot above high water mark in a middling tide the width of the aforesaid bridge to be Eighteen foote wide between The rails of sd bridge from end to end. This is our Report In this affair of said Bridge Sam Smith Committee In Council May 27, 1747 The above report read & ordered to be sent to the Honble House Province of In the House of Representatives 29th May 1747 New Hampshire Voted That ye within Report be received & approved with ye following amendments, that ye Draw Part of sd Bridge be twenty eight feet wide & y Passage for Rafts forty five feet wide that the Petitioners build ye Bridge Keep it in Repair & procure convenient Ways to & from ye Bridge & all at their own expence. D. Peirce Clr. Anno Regni Regis Georgii Secundi magnæ Britanniæ Franciæ & Hiberniæ Vicessimo. An Act for Erecting and maintaining a Bridge over the River at New Market. Whereas Many of the Inhabitants of New Market Stratham and other Places within this Province have Petitioned the General Assembly Representing that the Passing over the ferry at New Market is attended with Great Difficulty for a Considerable part of the year by Reason of the frost, That a Bridge over the River there would be of Great use to those Places and all the Neighboring Towns And Praying that they might have Liberty to Erect a Bridge there accordingly which they would do at their own Cost. Which Petition having Been Considered and it appearing that a Good Bridge at the Said Place will be of General Service and Conveniency: Be it therefore Enacted By His Excellency the Governor Council and Representatives in General Assembly Convened and by the Authority of the Same, That the Petitioners aforesaid and Such others as shall join with them therein shall have Liberty to Erect and Build a Good Strong and Convenient Bridge over the River at New Market and Stratham to run from about Twenty foot below a white pine Tree Standing a Little way above the Ferry place on the Land of Andrew Wiggin strait a Cross the River to the Land of Robert Smart on New Market Side on the following Terms and Directions that is to say that it Run as Strait a Cross the River from and to the Place aforesaid as it may be for the Conveniency of Setting and Laying the foundation thereof in the River, that the Said Bridge be Built on Peers set at Convenient Distance form'd in the Best manner for passage Between them that a Passage for Vessels Gundelos Rafts and other water Carriage be Left where the Deepest water is of forty five feet wide Between the Peers, that a part of the said Bridge be made to Draw in the most Convenient manner twenty eight feet wide for the Passage of Vessels That the said bridge be built with Rails on the Top on Each Side and to be eigh teen feet wide between the Rails that the Tops of the Caps between the Vacancies be seven feet above high Water in a Middleing Tide and that all the said Bridge be Built in a strong workmanlike manner at the Cost of the Petitioners and others as aforesaid and so maintained and Kept in Repair and that they Procure and get Laid out all such Convenient Ways and Passages to and from Said Bridge as shall be wanting and Necessary and that the Draw Part of sad Bridge be made so that it may Conveniently be Drawn by two men. Province of In the House of Representatives 3 June 1747 In Council June the 4th 1747 John Sanborn Speaker pro Tempore The foregoing Bill Read three Times and past to be enacted. Eodem Die I assent to the enacting this Bill B. WENTWORTH Copy Examined Theodore Atkinson Secy Exeter's Answers to Stratham and New Market's Petition for a Bridge. Province of To his Excellency Benning Wentworth New Hampshire Esq Captain-Generall, Governor and Commander in Chief in and over his Majesty's Province of New Hampshire, To the Hon his Majesty's Councill And house of Representatives Convened in Generall Assembly. Humbly Shews The Freeholders & Inhabitants of Exeter by their Agents the Subscribers hereof That whereas Notice hath lately been given in the Publick Prints That the Towns of Newmarket Stratham & Towns Adjacent have Petitioned your Excellency and this Hone Court Praying Liberty to Build a Strong Substantiall 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 & hon 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 Constituants as well as for our Selves Most Humbly Crave Leave to offer the Following reasons why the Prayer of said Petitions 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 yearly 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. 2 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 passing and repassing of any Vessell of one hundred Tons Loaden whereby this Town as well as the Towns above it have reaped great advantages 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 Vessells in the Town of Exeter which they have as Just a right to do as any other Towns in the Province. 3dy For that the Free use and Priviledge 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 an Incouragement to the Inhabitants of Kingston and other Towns to Settle Farther 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 maintain & Duly attend Such a Bridge in such manner as to Lett all Vessells 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. 4 thly 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 Vessells 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. 5 We humbly Conceive that the Granting the Prayer of the Petition by this hone Court will not only be a Depriving of our Constituants as well as the Towns above us, and others, of their Lawfull right & Priviledge but also be a Leading Example for other Injuries of the like nature and be a much Greater Injury to the Province in General 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 very greatly obstruct the Trade of this Province. We do therefore Humbly Intreat That your Excellency & this Hone Court will duely 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 hon's will in your great wisdom Prevent the Same by not Granting the Prayer of said Petition. EZEKIEL GILMAN Jedediah Philbrick Agent for and in behalf of the Town of Kingston in said Province humbly craves Leave to present the foregoing answers or reasons made in behalf of ye Town of Exeter as answers for and in behalf of said Town of Kingston it being their Grievances & Dangers truely Expressed & for y same reasons pray that the Prayer of the Petition for building a Bridge over y° river betwixt Stratham & New Market may not be Granted Jed Philbrick At a Meeting of the free holders & Inhabitants of the Town of Exeter holden at the Town house in s Town Jany 19th 1746-7 Whereas notice hath been Given in the publick prints that New Market Stratham & several of the adjacent Towns have petition'd the Gen1 Court of this Province for Liberty to build a bridge Crost the River that parts Newmarket & Stratham at the ferry or a Little above & that the sd Petitioners are to be heard on s petition on the Second Day of sd Courts next Setting & those that are ag the Prayer of s Petitions being Granted are in sd Prints notifyed to appear to Show Cause agt the Granting the Prayer of sd Petitions, Voted Mr Nich° Perryman Majr Ezekel Gilman & Cap' Daniel Gilman be agents that they or Either of them appear in behalf of the Town to Shew Cause why the Prayer of the Petitions should not be Granted. A true Copy Zebulon Giddings Townclerk |