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. 3ly 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 honble 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 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 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' 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 inbehalf of said Town of Kingston it being their Grievances & Dangers truely Expressed & for ye same reasons pray that the Prayer of the Petition for building a Bridge over ye 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 Jan 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 s Petitioners are to be heard on s petition on the Second Day of sd Courts: next Setting & those that are agt the Prayer of s Petitions being Granted are in s Prints notifyed to appear to Show Cause agt the Granting the Prayer of s Petitions, Voted Mr Nich" Perryman Majr Ezekel Gilman & Capt 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 Reply to Exeter's Objections. To His Excellency Benning Wentworth Esq. Capt. Gen Gov & Command in Chief the Honie His Majestys Council & House of Represents for the Prove of New Hamp. 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. Ist It is objected a bridge would stop the course of the fish &c. This is w 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 standing 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 advantage of such a bridge. 2 their second Objection supposes that the building this bridge would prevent all trade &c. it is not fair to suppose the case other ways 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 Inconveniency 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 Preference if the building the bridge will serve 100 People in the Course of a year to the Same Degree it disserves or 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 London 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. 3 their third objection is but little different from the 2a it supposes 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 Inducem to Settle at Exeter it is a great mistake for they settled there as soon as at Portsm" for the sake of the falls for Grist Mills & not for the Sake of transporting Lumber to Portsm° when every man there might cut it at his own door or within a few Rods of the River. 4" 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 Majesty's use, and to carry a more frightful idea they Suggest the Lives of the People would be in danger which is nothing but suggestions. 5 The fifth Objection Relates to the depriving People of their Privilege, 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 what a great advantage this Bridge must be to two thirds of the People in the four old Towns, & all the new settlem's 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 Buildings a Great advantage & if it be fact that more of the vessels which fetch Lumber from Exeter Stop at the place proposed for this bridge & Raft it down which may be easily prov'd, this Lessens the Difficulty to those that object, as to many of the People brot in as objectors it is plain they proceed only on this principle that it will be some charge to them as they fear, upon the whole it is Humbly Submitted whether the advantages will not abundantly over Balance the supposed disadvantages, by In behalf of ISRAEL GILMAN } himself & Petitioners Province of New Hampshire Petition of Inhabitants of Stratham against the bridge. To his Excellency Benning Wentworth Esq' Captain General Governor and Commander in Chief In and over his Majesties Province of New Hampshire, To the Honble his Majesties Councill & house of Representatives Convened in Generall Assembly. Humbly Sheweth the Subscribers Freeholders and Inhabitants of the Town of Stratham in Said Province That Whereas we have Lately heard That a Number of Persons have Petitioned This Honble Court for Liberty to build a Bridge over the river at or near the Ferry place in Stratham and New Market, We Humbly Conceive that the building of such a Bridge would Greatly obstruct the Trade and Fishery of this Province in Generall as well as Damnify many Poor People in their Private Interests. Wherefore we humbly Pray that Your Excellency & Hon will not Grant the Prayer of the said Petition. Richard Sinkler John Cole Benja Norris Jonathan Sibley Thomas Chase John Honneford Jonathan Clark Jun. Benjamin Palmer Owen Rennles Thomas Rennles Jonathan Clark senior James Robinson David Stevens Matthew Tomson Matthew Tomson Senior William Mead John Clark Joseph Clark ties Petition of Inhabitants of Kensington against the bridge. To his Excellency Benning Wentworth Esq' Capt" Gen" Governour and Commander in Chief in and over his Majti Province of New Hampshire, To the honble his majties Council and Representatives in gen" Assembly Convened. Humbly Shew the Freeholders and Inhabitants of the Parish of Kensington in s Province That we having heard of Petitions being preferred to your Excellency and hon for building a bridge Cross the river at or near Stratham & New |