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EigTofjidSi* g^¥CS 
 
 Hillsborough County Congresses, 
 
 HELD AT 
 
 AMHERST, CN. H .) 
 
 WITH OTHER 
 
 'REVOLUTIONARY <R E C (R (D S 
 
 COMPILED BY 
 
 WARD J. POYLSTON, 
 
 Edward p. B 
 
 — -s^&jiZG^&^S^S-j^ 
 
 AMHERST, N. H. 
 
 farmers' cabinet press 
 
 1884. 
 
BO*} 
 
 "To guard effectually against the gathering storm, a union of the 
 colonies was thought absolutely necessary; and recourse was had to the 
 same measure which had formerly been tried in cases of common danger, 
 to hold a Congrkss of delegates from each colony. 
 
 "The enemies of America have uniformly censured this measure as 
 unprecedented, illegal and dangerous. That it was dangerous to the de- 
 signs of the British administration, is admitted; but for that reason to us 
 it was the means of safety. Though it was not supported by any written 
 law, yet it was evidently founded on self-preservation, the first law of 
 nature. But that it was unprecedented, is a very great mistake. From 
 the middle of the preceding century, the united colonies of New- Eng- 
 land held annual, or semi-annual meetings of commissioners, on their 
 common concerns, for above forty years. From the reign of Queen 
 Anne to that of George the the Second, governors, and delegates from 
 councils and assemblies, occasionally met in central places, to hold con- 
 ferences relative to the operations of war, or treaties with the Indians. 
 These meetings, usually called by the name of Congresses, though un- 
 known, or disregarded in Britain, were familiar to the people of Ameri- 
 ca; and what could be a more natural or obvious step, in a time of com- 
 mon danger, than to assemble by deputies, and confer on the means of 
 of safety ? Precedents were numerous, that governors and delegates 
 had held these assemblies, when their interests were united; what then 
 should hinder the people from following the example, when their inter- 
 est required them to meet, without their governors, who were endeavor- 
 ing to maintain a separate interest ?"- Belknap's Hist. N. H., Vol. 2, 
 pp. 284 and 285. 
 
[The following monograph was read, by invitation, before the New-England 
 Historical and Genealogical Society. Boston, October 9, 1872, Hon. Marshall P. 
 Wilder, President, in the chair. By open vote, a copy was requested for publica- 
 tion, which (with intent of private publication, with additions, as in its present 
 form,) was respectfully declined.] 
 
 Honored President, and Membkrs of this Society: 
 
 Multiform are the definitions of history as the tastes and wants 
 of writers. It may well suit my purpose to speak of it as a twist- 
 ed cable, uniting the past and present. Strands in this cable, by 
 the strain of time upon it, have been broken, the re-uniting of 
 which is the noble work of your Society — in which allow me, sir, 
 to bid you God-speed ; and to show my sincerity, by a helping 
 hand, in bringing before you as complete a sketch as at the pres- 
 ent time can be made, and much more perfect than before has 
 been made, of The Hillsborough County Congresses, held at 
 Amherst, (N. H.) in 1774 and 1775. 
 
 No era in our national history can surpass in interest that in 
 which, as Bancroft aptly says, "the people were rushing toward 
 revolution, and yet, knew it not." But, for such a crisis, they were 
 not unprepared or, as the sequel proved, unequal.. Well-schooled 
 in equality and in law, they became a law unto themselves when 
 other law became a nullity ; and, mid scenes and trials that would 
 
4 HILLSBOROUGH COUNTY CONGRESSES. 
 
 have led a less principled and determined people to desperation, 
 they remained cool and unimpassioned, and calmly considered, in 
 primary assemblies, the duties they owed to God, to the King and 
 to themselves. 
 
 With what an added interest does the lapse of a hundred years 
 invest the records of those Revolutionary days ! With what new 
 interest clothe the noble labors and sacrifices of that generation, 
 now yielding to us, their descendants, such a precious fruitage ! 
 How challenge and compel fresh tokens of our warmest gratitude 
 and most profound admiration ! It is under such an inspiration 
 my privilege to bring to light, and here, for the first time to make 
 public, some more than Rip Van Winkle records, drawn from the 
 secrecy of nigh a hundred years, and long deemed lost beyond re- 
 covery ; — records which Farmer, Bell and Potter so "desired to see, 
 yet died without the sight" ; — records, the loss of which has occa- 
 sioned much regret, and the want of which, much vain conjecture 
 and not a little misapprehension, as to the objects and actions of 
 those primary assemblies, various' allusions to which, at the dates 
 of their occurrence, are found upon the records of many of the 
 towns then composing Hillsborough County, in the form of choice 
 of delegates to County Congresses. No newspaper had then been 
 published in the County, and, considering that the incipient foot- 
 prints of Revolutions are of tener covered than revealed, and sel- 
 dom recorded by those who make them, it is no little cause of sur- 
 prise and hearty gratification, that these have been snatched from 
 oblivion, and re-produced a century away. The old wine poured 
 for you to-day, is from the "original packages," (proof of age and 
 truth,) in the hand-writing of the actors themselves, and mostly in 
 that of Daniel Campbell, Esq., whose memory is yet fragrant, 
 and whose tombstone bears the record of an honored Centenarian. 
 Mr. Campbell was a man of great executive ability ; a Surveyor 
 
HILLSBOROUGH COUNTY CONGRESSES. O 
 
 and Coroner under the King ; of extensive acquaintance and in- 
 fluence throughout the County, and, therefore, selected as one of 
 the Central Committee To his careful habit of preserving rec- 
 ords, we are indebted for these papers, as, also, to the courtesy of 
 his grandson, the Hon. Charles II. Campbell, President of the 
 N. H. Senate, (at in# side,) who kindly placed at iny service, in 
 the preparation of a manuscript history of our native town, a box 
 of miscellaneous papers, in which these records were found, care- 
 fully filed among some venerable but then worthless deeds. Their 
 discovery was a pleasure of a life-time, their presentation here — if 
 so be that they shall re-unite a broken strand in the Revolutionary 
 history of two sister Provinces — a high privilege, for which your 
 Committee will please accept my thanks. 
 
 A brief allusion to the position of affairs in these Provinces at 
 the time covered by these ancient records, may add a zest to the 
 cup poured. : 
 
 The arbitrary measures of the Crown had awakened throughout 
 the Colonies resentment and determination of resistance, of which 
 such records are the .first fruits. The intense opposition to the 
 unjust and oppressive Stamp Act, which already had compelled 
 its abrogation, and the embargo placed at Portsmouth and Bos- 
 ton to prevent the landing of cargoes of teas arriving at those ports, 
 were unmistakable evidences of a fixed purpose to contend man- 
 fully for right and justice, at whatever cost. The port of Boston 
 was invested by British troops, and her starving poor, objects of 
 the most generous sympathy, commiseration and charity, as these 
 vecords attest ; and, as the clouds gathered blackness, threatening 
 the people of "the Massachusetts," it awoke in the people of the 
 upper Province a determination to render them every aid in their 
 power "should the cloud first burst upon them." The "hurricane" 
 which Governor Wentworth had foreseen, was upon him. Fort 
 
b HILLSBOROUGH COUNTY CONGRESSES. 
 
 William and Mary had been sacked, and ransacked of its powder 
 and lighter guns, by a company from Portsmouth and some of the 
 neighboring towns, led by Major John Sullivan and John Langdon. 
 The Governor, finding himself divested of all authority, sought 
 protection and safety in the Fort, under the guns of the Scarbo- 
 rough, which came to the rescue, two days after its dismantling. 
 "The fountains of the great deep were broken up," and because 
 "judgment is turned away backwards, and justice standeth afar 
 off," the people were compelled, in Provincial and lesser assem- 
 blies, to consult upon their common safety. 
 
 Hillsborough County, at the breaking out of the Revolution, 
 was, in point of population and importance, the second in the 
 State. Amherst was its shire and principal business town, then 
 comprising its present territory and a large portion of the present 
 towns of Milford and Mont Vernon. The recent division of the 
 Province into Counties (1771.) carried to their shire towns many 
 men of wealth and learning, and leading influence with the peo- 
 ple of their respective counties, and the Province at large. These 
 formed » nucleus for action, as the storm-clouds gathered in the 
 horizon, and violated rights and threatened liberties demanded 
 defense of the people. 
 
 With a brief recall of the) relation of the people to the existing 
 Government, subsequent to the division of the Province into coun- 
 ties, the way will be clear to the presentation of the long-lost and 
 sought-for records. From the promulgation of the law making 
 this division, the affairs of the several Counties had been conduct- 
 ed and controlled by the Courts of the General Sessions of the. 
 Peace, constituted of the several Justices of the County, each of 
 whom had an equal voice and vote on all questions. But as these 
 held office under the Crown, and by their commissions were sworn 
 to fealty, the people foresaw that the bans under which they act- 
 
HILLSBOROUGH COUNTY CONGRESSES. 7 
 
 ed would impede among them the progress of freedom and render 
 the Sessions, ss a tribunal, an unsafe source of appeal or power ; 
 while they as clearly foresaw that, with the lifting of Kingly au- 
 thority, there must come an end to all His Majesty's tribunals. 
 "God save the King," was soon to be on board the Scarborough! 
 
 It was in this emergency, all government at an end, the people 
 reduced, as it were, to a state of Nature, that resort was had to 
 the only source of self-government, to wit : self-constituted 'Con- 
 gresses, composed of such delegates as States and Towns might 
 elect ; subject to the call of Central Committees whenever circum- 
 stances should demand their action. This was the general plan of 
 the Colonies : the Continental Congress dictated laws and orders 
 for all ; the Provincial Congress, in harmony acted for its own peo- 
 ple; the County Congress, under both, regulated the affairs of its 
 lesser division ; while the town Committees of Safety, in keeping 
 with all the others, looked after the interests and conduct of their 
 constituents. Harmony in the pursuit of common rights and mu- 
 tual justice, was the one spirit that controlled and pervaded all. 
 
 It was on the 16th of August, 1774, at a tavern in the village of 
 Stoughton, that the delegates of your Suffolk (then embracing 
 Norfolk,) listened to the prayer for Liberty of the aged Pastor of 
 the parish, and to the declaration of Thayer of Braintree : "We 
 must stand undisgui-ed upon one side or the other /" while full dele- 
 gations were ordered to assemble at Dedham, at the opening of 
 September; from which County Congresses jour Warren predicted 
 ''very important consequences." The example of the Massachu- 
 setts, in holding these important lesser assemblies, was soon fol- 
 lowed by the upper Province. 
 
 The first Hillsborough County Congress was held at Amherst, 
 November 8, 1774, (as clearly shown by the Hollis records.) For 
 the particular occasion of its being called, no positive evidence is 
 
8 HILLSBOROUGH COUNTY CONGRESSES. 
 
 had, except that found in the words of the call itself,' and in the 
 instructions given to the Amherst and Hollis delegates, as no rec- 
 ord of its doings is known to exist. The measure would seem to 
 have originated with the people of Amherst, who, having elected 
 Patfl Dudley Sargeant, Daniel Campbell, and Benjamin Kendrick 
 to represent them therein, instructed them as follows: 
 
 "To use their endeavors to secure and maintain peace and good 
 order in this town, and to use their utmost efforts to diffuse peace 
 and good order throughout the County, and excite in the minds of 
 people a due respect to all just measures that may be recommend- 
 ed by the present Grand Congress at Philadelphia ; and said del- 
 egates are hereby instructed to take copies of this vote from the 
 Clerk, and send to all the towns hi this County that they shall 
 think necessary to constitute a County Congress, — that so the good 
 ends aforesaid may be answered, grievances heard, and remonstrate 
 to such authority whose province it is to grant redress, — to con- 
 tinue in office until our annual meeting in March next." 
 
 The call was issued, signed by these gentlemen, in accordance 
 
 with their instructions, giving the following as the objects of the 
 
 meeting : > 
 
 "To consult what measures should be thought best to restore 
 peace and good order in said County ; and to take into consider- 
 ation the grievances this County is supposed to lie under." 
 
 The Hollis Town records show that a town meeting was held, 
 
 November 7, 1774, under this call for delegates to assemble the 
 
 next day at Amherst. Dea. Stephen Jewett, Ensign Stephen Ames 
 
 and Lieut. Reuben Dow were chosen to represent the town in this 
 
 County Congress, and the following preamble and resolutions 
 
 adopted by the meeting : 
 
 "We, the inhabitants of the town of Holies, having taken into 
 our most serious consideration the precarious and most alarming 
 affairs of our Land at the Present Day, do Firmly enter into the 
 following Resolves, viz : — 
 
 1. That we will (at all tims) Endeavor to Defend our Liberty 
 and privileges, both Civil and Sacred, even at risque of our lives 
 & Fortunes, & will not only disapprove of, but wholly Dispise, all 
 such persons as we have just and Solid reason to think Even wish 
 us in any measure deprived of the same. 
 
HILLSBOROUGH COUNTY CONGRESSES. 9 
 
 2. Resolved, that we do Abhor, Detest and Abominate, all Op- 
 pressive acts of Persons of Power, whether Magistrates or Officers, 
 ■whereby the Poor are Destressed, & unlawfully Robb'd of their 
 property, in any unjust manner whatever, & will always Deem 
 them not only inimical to Individuals, but to the General good of 
 Man kind, and will always Endeavor to treat them in such a man- 
 ner as they shall justly Deserve. 
 
 3. Resolved, that we will at all Times Endeavor to assist the 
 Civil Magistrate in the Due Execution of his Office for Supporting 
 our Laws, at the Resque of our lives, and will always shew our 
 Dislike & Disapprobation to all unlawful Proceedings of unjust 
 men, Congregating Together (as they pretend) to maintain their 
 Liberty, and very Outrageously Trample under feet the very Law 
 of Liberty & Madly Destroy that Jewell, which is so Exceedingly 
 Precious to our American Land. 
 
 4. Resolved, that all Persons setting themselves to adjudge and 
 Determine Causes between party and party only by the Authority 
 Of a Mobbish Company of Disorderly Men, Unlawfully Assembled 
 to Commit Riots and Unlawful actions, are bold, Contumatious 
 Despisers of Law, & their proceedings directly tend to the Utter 
 Subvertion of all Regularity, Good Order, Peace and Harmony 
 Amoungst His Majesty's Good Subjects in the Land." 
 
 These are the only records yet found from which anything posi- 
 tive can be known of this first County Congress. 
 
 The Provincial Assembly, held at Exeter, July 14th, 1774, had 
 chosen and sent delegates t6 the first General Congress at Philadel- 
 phia, appointed a day of fasting and prayer, and elected a Com- 
 mittee of Safety for the Province. Large meetings were held in 
 all parts, and resolutions passed, pledging the people to the main- 
 tenance of Liberty and denouncing the arbitrary measures of the 
 British Government. 
 
 The first Grand Congress had met in Philadelphia, (Sept. 5th,) 
 in which Patrick Henry, reciting the wrongs inflicted on the Col- 
 onies, declared that "all government was dissolved ; that they 
 were reduced to a state of nature ; that this Congress was but the 
 first in a never-ending succession of Congresses" ; — and the more 
 calm and considerate Washington expressed, as his convictions, 
 that "not one thinking man in all North America desired inde- 
 
10 HILLSBOROUGH COUNTY CONGRESSES. 
 
 pendence; but none will ever submit to the loss of those rights and 
 privileges without which life, liberty and property are rendered 
 totally insecure. * * • If the Ministry are determined to push 
 matters to extremity, more blood will be spilled on this occasion 
 than history has ever yet furnished instance of in the annals of 
 of North America." While Washington favored the measures 
 proposed, he dared not to hope in their success, and when Patrick 
 Henry had read the prophetic words of Hawley, "after all we must 
 fight I" the future Father of his Country, raising his hand, call- 
 ed God to witness, as he declared, "/ am of that man's mind .'" 
 
 This, first Continental Congress, with no little divison of feeling, 
 had denounced eleven acts of Parliament as oppressive ; had re- 
 solved to import no merchandise from Great Britain or Ireland af- 
 ter the 1st of December, and should redress be delayed beyond 
 Sept. 10, to withhold all exports from Great Britain, Ireland and 
 the West Indies, (rice being excepted, to secure the vote of South 
 Carolina to the agreement.) Says Bancroft, "every refusal to im- 
 port was made by the colonist at the cost of personal comfort; eve- 
 ry omission to export was a waste of the resources of his family. 
 And yet the people so yearned for a bloodless restoration of the 
 old relations with Britain, that they cheerfully entered upon the 
 experiment^* * in hopes thus to bring the British government to 
 reflection." This Congress, also, unanimously, bound the several 
 Provinces to the discontinuance of the accursed slave-trade. 
 
 Suffolk in Massachusetts (as already mentioned) had held a sim- 
 ilar Congress (Aug. 16) ; Faneuil Hall, filled with delegates from 
 four Counties, had denounced the Boston port-act as "a wicked vi- 
 olation of the right to life, liberty, and the means of sustenance, 
 which all men hold by the grace of Heaven, irrespectively of the ' 
 King's leave" ; had declared the Act of Parliament removing from 
 the American Courts the trials of officers who should take the lives 
 
HILLSBOROUGH COUNTY CONGRESSES. 11 
 
 of American citizens, as "the extreme of despotism," and propos- 
 ed the holding of a Provincial Congress, with large executive pow- 
 ers, (Sept. 26.) The same day, at Springfield, two thousand men 
 had marched into town, set up a black flag at the Court House, 
 and, threatening death to any one who should enter, compelled the 
 suspension of the Court. A few days later, a similar suspension 
 at Worcester had resulted from the intervention of four thousand 
 determined men ; while in Boston, under shadow of British arms, 
 every juror when called refused to take the oath ! 
 
 The light thrown upon these partial records of this first County 
 Congress by this general statement of the condition of the public 
 mind, and the fact that long after blood had begun to flow, some 
 of those most active in this and future Congresses, withheld their 
 names from the 'tests' required by the Continental Congress (14th 
 Mar., 1776,) will surely warrant the conclusion that the delegates 
 were not all of one mind, but there can be but little doubt that it 
 sanctioned the doings of the first Continental Congress. While 
 the great body of the people were ready for the conflict, if it must 
 needs be that a bloody conflict come, all would gladly have avoid- 
 ed it ; but when the conflict became irrepressible, woe to those 
 who opposed resistance, and basely and doggedly adhered to the 
 Crown and its usurpations ! 
 
 In connection and close harmony with this statement of the 
 disturbed and divided state of feeling throughout the Colonies, 
 some reliable records of similar events that transpired within the 
 County, in which prominent men in the only towns as yet named 
 were made to feel personally the potency of the words of Thayer of 
 'Braintree, " We must stand undisguised upon one side or the other .'" 
 will well explain the severe terms used in the Hollis resolutions, 
 as well as the wording of the call of this first County Convention, 
 and with this intent are here given. 
 
12 HILLSBOROUGH COUNTY CONGRESSES. 
 
 The first and most prominent of these resulted from the odious 
 and exceedingly oppressive reservation of the Crown of all white 
 pines from 15 to 36 inches in diameter, for the use of the Royal 
 navy. Gov. Wentworth was "Surveyor of the King's woods" in 
 his Province, and Samuel Blodgett, Esq., of Derryfield, his Dep- 
 uty and Agent. No owner of any land could make a clearing for 
 any purpose until, at his own expense, his lot had been surveyed, 
 and the royal R (Rex) had been emblazoned upon all the King's 
 trees, on penalty of forfeiture of his timber. From neglect of this 
 requirement, through ignorance, inability to meet the expense, 
 or otherwise, whole mill-yards of lumber, cut by the settlers for 
 their houses and barns, work of the whole winter, had often been 
 seized and appropriated by the Crown. In the winter of 1771-2, 
 most of the mill-yards on the Piscataquog were visited and large 
 seizures made. Many of the owners compromised with Blodgett, 
 but owners of logs at Clement's mills, in Weare, refused all his 
 overtures; whereupon, Benjamin Whiting, of Hollis, Sheriff of the 
 County, who had already rendered himself obnoxious to the people, 
 was sent to make arrests in the name of the King ; — but, with his 
 sympathetic deputy, found the road to Weare and back "a hard 
 road to travel," as the following record shows : 
 
 "On the 13th of April, 1772, Mr. Whiting, in company with Mr. 
 Quigley, his Assistant Deputy, proceeded to Weare, to serve the 
 King's warrants. One of the principal of these men was a Mug- 
 gett, or Mudget, who lived near Clement's mills. Mr. Whiting 
 called upon him, and made the arrest ; but Mudget suggesting he 
 would furnish the necessary bail in the morning, as it was then 
 late, the Sheriff and his assistant repaired to the tavern near by, 
 kept by a Mr. Quimby, and put up for the night. Meantime the 
 fact of Mudget's arrest got noised abroad through the town, and 
 there were not wauting scores of men to offer themselves as bail 
 for him. But, during the night, a more summary process was 
 agreed upon by Mudget and his friends. Accordingly, early in the 
 morning, Mudget called at Quimby's, and being shown to Whit- 
 ing's room, he walked up to the Sheriff and told him his bail was 
 
HILLSBOROUGH COUNTY CONGRESSES. 13 
 
 ready. Mr. Whiting jumped out of bed, chiding Mudget for call- 
 ing him so early, and assayed to dress himself; but Mudget's bail, 
 some twenty or thirty men with blackened faces, were impatient, 
 and rushing into the room, proceeded to the business set apart for 
 the morning. Whiting, seeing the intention of his early visitors, 
 seized his pistols, and would have fired upon them, but was seized 
 and disarmed. They then beat him to their hearts' content, two 
 on a side holding him up from the floor by his arms and legs, as 
 the others crossed out their account of "certain logs cut, hauled & 
 forfeited," upon his naked back ! Quigley, Ids assistant, showed 
 more fight, and was secured only by taking up the ceiling over- 
 head, and beating him with long poles thrust down from the gar- 
 ret. After the. populace had beaten the King's officers to their 
 entire satisfaction, their horses were led to the door, saddled and 
 bridled for their riders. -The ears, manes and tails of the horses 
 had been cut, and they, as well as their masters, presented a most 
 woe-begone appearance. Whiting and Quigley refused to mount 
 and were assisted to their horses in no gentle manner. They were 
 then started down the road, amid the joke and jeers of the people. 
 At Whiting's request, Colonels Goffe of Bedford and Lutwyche of 
 Merrimack ordered out the posse comitatus, and, armed with mus- 
 kets marched to Weare, but the rioters could not be found. One 
 soon after was committed to jail, and others gave bail to appear in 
 September, but all, doubtless, escaped punishment, and the affair 
 in a few years began to be looked upon as one of merit, rather 
 than as one deserving disapprobation." — History of Manchester. 
 
 The following is from the Diary of Hon. Matthew Patten, of 
 Bedford, N. H. : 
 
 "Sept. 19, 1774. I went to a town meeting at evening, and the 
 people intended to go to Amherst to-morrow to visit Mr. Atherton, 
 who insisted on my going with them ; and they told me that I 
 must and should go : and that if I did not, they would visit me. 
 On which I said I would go. 
 
 20th. I went to Amherst, and about 300 men assembled and 
 chose a Committee, who went to Mr. Atherton, and he came to the 
 people to the Court Honse, and he signed a Declaration and read 
 it to the people, who accepted it. He invited them to go to Mr. 
 Hildreth's and drink what they pleased. The people dispersed 
 about midnight, without doing any outrageous act. I stopped till 
 morning." 
 
 Many details are on record of subsequent acts in relation to 
 these officials and other obnoxious loyalists, but these, ante-dating 
 this first County Congress, are somewhat explanatory of terms 
 found in its partial records. 
 
14 HILLSBOROUGH COUNTY CONGRESSES. 
 
 And here we leave this imperfect history of this first County 
 Congress, hoping, if not sooner, a hundred years away, some earn- 
 est searcher may discover its lost records; thus realizing the pleas- 
 ure of re-uniting a broken strand, and making its history complete, 
 — a pleasure that is mine in presenting the history that follows. 
 
 The Second Hillsborough County Congress was held at 
 Amherst, on' the 5th of April, 1775. Your minds, replete with 
 the thrilling echoes of the first three months of that eventful year, 
 in which Parliament had proclaimed Massachusetts in rebellion, 
 and her Congress had declared that ''Resistance to tyranny becomes 
 the Christian and social duty of each individual;" while from Vir- 
 ginia's proudest son came the re-echoing cry, "(Jive me liberty, or 
 give me death!" will readily picture to you that closing day of 
 March in which Benjamin Kendrick and Daniel Campbell, the 
 Central Committee, sat down to make transcripts of this identical 
 anil precious paper held in my hand, to be sent to all the towns in 
 the County : 
 
 "Brethren— -When we consider the unhappy condition to which 
 our American Brethren are reduced, when we view the Lowering 
 Clouds charged with Ministerial Displeasure fast spreading over 
 this extensive Continent, ready to burst over the heads of its inhab- 
 itants, — At this alarming juncture, Duty to Almighty God, to our 
 Country, ourselves, and Posterity, demands our most strenuous 
 Exertions to avoid impending Danger. In order thereto, we have 
 thought it advisable to constitute a County Congress, to take un- 
 der their Consideration measures Necessary to be pursued Rela- 
 tive to theProvince of the Massachusetts Bay, in case the cloud 
 should break on that Province first — and to consider and prescribe 
 some measures with Refference to the Conduct of the People in 
 this County towards each other in such a Day of Distress — as also 
 to consider and treat with the Gentlemen of the law, about carry- 
 ing actions out of the County, and bringing actions in the County 
 in favor of Men in the Massachusetts Bay. Wednesday, the 5th 
 day of April next, is appointed for said purpose. It is therefore 
 earnisly desired that your Delegates, if such are or shall be ap- 
 pointed, would attend. 
 
HILLSBOROUGH COUNTY CONGRESSES. 15 
 
 April 3, 1775, the town of Hollis elected Deacon Stephen Jew- 
 ett and Deacon Enoch Noyes delegates to this second Congress, 
 and instructed them as follows ; .'..-•• 
 
 Respecting the first'Article Recomm.ended in the letter from 
 Messrs KenrickAnd.Campbell,. about Wf).at Measures is Necessary 
 for this County, to takeReJative to the Prpvince of the Massachu- 
 setts Bay, &c, if the Cloud should break on that Province firs> — 
 as tq this Article, as. there is a Commity chosen by the, late. P.jjo- 
 yincial Congress which was held. at Exeter-to.Corres]ionc|:with;the 
 Commitys of Correspondence for the Messach upetts Bay, -who will 
 upon any Immergency of that kind,noti^y : \tbi3 Whole Prpvince — 
 therefore if this County should propose any Measures,' Perhaps it 
 Will be. Detrimental to.the Prpvince Plan. 
 
 As to y e 2d article, Respecting the Conduct of the People in this 
 County atowards Each other in this Day of Distress, we look upon 
 ,ihe Meathod Proposed by- the late Congress held' at Exeter, which 
 is B,ecpmmended to this Whole Province, Respecting matters of 
 this Kind, to be as gooil a Meathod as any we can Prescribe. 
 . •: As to y e 3d Article, Respecting actions being 'Bro'uh against 
 People in this Government in favor of Persons in the Other,. We 
 leave this intirely to the Delegates Discretion. ' ; t 
 
 4'y, As to actions Being carried out of this County, we think a 
 Petition to the, General, Court for another Superior Court in this 
 County if, answered would be the most likely means to take away 
 the. Cause of this greavance. 
 
 The following records of this second County Congress, as before 
 '. stated, w-ere found among some worthless deeds of the late Daniel 
 Campbell, (senior,) carefully folded in the above. call — and to-day 
 are for the first time to be made public: 
 
 "Proceedings of a County Congress, April, 1775. 
 
 At the Court House, Amherst, April 5, 1775. 
 
 In County Congress, Present Benj n - Kenrick, Daniel Campbell, 
 Paul Dudley Sargeant, Amherst ;. Jona. Martin, Mr. Punnam, 
 Wilton; Francis Blood & John Cragin, Temple ; Francis Epes, 
 Lyndeboro ; Deacon Juit, Holies ; Joseph Merriam, Mason; Capn. 
 Chamberlane, Capn- Auld, Cap"- Barron, John Neal & Simeon 
 Cummings, Merrymack ; Aaron Brown, Peterborough ; Doct. J. 
 Gove, Esqr. Clark. & Thomas Wilson, New Boston ; Nathl- Switz- 
 er, Dearing ; Esq r - Quigley, Frances '1'owu ; John Parker & Dan- 
 
16 HILLSBOROUGH COUNTY CONGRESSES. 
 
 iel Kendol, Litchfield ; James Martin, Bedford ; Joseph Bates, 
 New-Ipswich ; Asa Davis, Mr. Hazelton, Nottingham -west ; Capn- 
 Lovewell, Dunstable ; Cap"- Stark, Dcryfield. 
 
 1. Voted, Benjn. Kenrick, Chairman. 
 
 2. Voted, John Cragen, Clerk. 
 
 3. Voted, to adopt and abide by the Resolves of the Continen- 
 tal Congress. Objected to by Doctr. Gove & Esq'- Quigley. 
 
 4. Voted, that Capn. Blood, Capn. Stark, Capn. Lovewell, Mr- 
 Sargeant Mr. Jona. Martin, Doctr. Uove and Daniel Campbell be 
 a Committee to consider the several Articles in the Circular Let- 
 ter signed by Mr. Benjn- Kenrick and Daniel Campbell, and make 
 Return to morrow at the adjournment. 
 
 April 6th, met by Adjournment. 
 
 5. Whereas it is necessary for the Defens of any People that 
 they Perfect themselves in the Military Art, and whereas it is said 
 from„the Good Discipline of Regular troops that one Regiment 
 would put to flight ten that are not Disciplined, we Earnestly rec- 
 ommend to this County to form themselves into Companys and 
 make choice of such men as they shall think Best Qualified for 
 Teaching the Military Art, to meet once a week at least, and at 
 the same time paying that obedience to the Officers appointed by 
 Authority as the Law Requires, And make certain Rules binding 
 themselves in the manner they judge most proper for executing 
 the above-mentioned plan. 
 
 6. We would Recommend to all Persons of this Community 
 not to engage in any Routs, Riots, or licentious attacks upon the 
 person or property of any person whatsoever, as being subversive 
 of all Good Order & Government. 
 
 7. That a Remonstrance be made to the Good People of the 
 Massachusetts Bay, showing the Difficulty this Coun ty labours un- 
 der from their not being able to Recover monies in that Province 
 when there are considerable Sums Due to them, and praying that 
 they would not Distress Us, at this time when we are Doing Eve- 
 ry Thing in our Power for them. 
 
 8. That a Petition be drawn & preferred to the General Court 
 praying an Act to be made Requiring the Endorsee to make oath 
 that he has paid a Consideration Equal hi Value for any Note 
 brought in his name. 
 
 9. That a Petition be drawn & preferred to the General Court 
 praying An Act to be made that there may be two Superior Courts 
 in this County annually. 
 
 10. Voted, that Cap n - John Stark, M r - Paul Dudley Sargeant, 
 & Daniel Campbell, be a Committee to Draw up the Petitions to 
 be preferred to the General Court — also to carry the same to the 
 Selectmen of the Several Towns in the County in order to be 
 signed by them — likewise Present them to the General Court. 
 
HILLSBOROUGH COUNTY CONGRESSES. 17 
 
 11. Voted, that the above-named Cap". John Stark, M» Paul 
 Dudley Sargeant & Daniel Campbell be a Committee to Draw a 
 Remonstrance to the Good People of the Massachusetts, and In- 
 sert the same in the Essex Gazette and one of the Boston papers. 
 
 12. Voted, that Deacon Jewet, Doct r - Gove, & Ensign Daniel 
 Kendol, be a Committee to wait upon the Gentlemen of the Barr, 
 Desiring them as much as in them lies, consisting with honor and 
 justice, to Discourig all actions that may be brought by Persons 
 in the Bay Government against any man in this County, until the 
 laws have free course in that Government, and make Report at 
 the Adjournment. Adjourned till to-morrow at Eight o'clock. 
 
 April 7, met according to Adjournment. 
 
 The Return from the Gentlemen of the. Barr by the Committee 
 chosen to treat with them that they will fully comply with the 
 above request in all particulars.- 
 
 Voted to Return the thanks of this body to s d Committee for 
 their faithful services. 
 
 Voted, that Paul Dudley Sargeant, Jona. Martin and Daniel 
 t Campbell be a Committee to call a meeting of the County when 
 they shall see occasion therefor, and Desolved the meeting. 
 
 The Remonstrance to the "Good People of the Massachusetts" 
 voted, did not appear in the Essex Gazette, and probably was nev- 
 er made. The "irregularities" which occurred at Lexington and 
 Concord, but a few days after this, demanded their attention and 
 remonstrance, rather than any grievances that existed in their re- 
 lations and intercourse with the lower Province. 
 
 Their recommendation for military drilling of the people, fully 
 explains their readiness for, and promptness in responding to the 
 calls for aid when the cloud so suddenly burst on the good people 
 of the Province below. 
 
 Their petition for two sessions of the Superior Court annually, 
 well illustrates and fully verrifies the words of Bancroft, quoted at 
 the opening of this sketch, that "the people were rushing towards 
 revolution, but knew it not," — full two years intervening ere any 
 ermine appeared upon that Bench. 
 
 And here we must leave our historical sketch of this Second 
 County Congress, to give as reliable details of the Third. 
 
18 HILLSBOROUGH COUNTY CONGRESSES. 
 
 A Third Hillsborough County Congress was held at Am- 
 herst, May 24, .1775. A fragment of the letter calling this third 
 Congress, with its thrilling appeal, was found, many years since, 
 among the papers of John Bell, Esq., of Bedford, one of the Se- 
 lectmen of that town in those stormy days, and published by Col. 
 Potter in his history of Manchester, (the original then being in 
 possession of Charles Richardson, Esq., of Worcester, Mass., for 
 many yeais Sheriff and Gaolor at Amherst, since deceased.) The 
 following is what remains to us of this interteting document : 
 
 "God forbid ! Let every Brest swell with Disdain at the Impious 
 thought. 
 
 The British troops have invaded every sacred Right of Nature. 
 Then let us defend them as long as we have life. And we believe 
 the Great God that Gave them to us will look down with Gracious 
 Approbation and Cause gs and our Posterity to Rejoice in his Sal- 
 vation. And while we are vigorously Defending ourselves against 
 the attacks of the British Troops, it is expedient and equally nec- 
 essary to give due attention to our internal Policy in this County. 
 ■ Stimulated by these reflections, we have Thought proper, by and 
 with the advice of a number of Respectable men in Amherst, to 
 appoint a County Congress. Accordingly Wednesday, the 24* of 
 this instant May, at eleven of the Clock, at the Cort House in said 
 Amherst, is appointed for that purpose to consider and determine 
 upon the following Particulars (viz.) 
 
 First, to see if the Congress will appoint a Committee of Cor- 
 rispondence to wait upon or join with the Congress in the Province 
 of the Massachusetts Bay. 
 
 Secondly, to go into some measures for the better security of 
 the internal Polity of this County to prevent declining into a state 
 of Nature. 
 
 Thirdly, to enforce a strict Adherence to the Association of the 
 late Continental Congress. 
 
 It is Desired that you send your Delegates, and with them a Cer- 
 tificate of their appointment. 
 
 Gentlemen we are your 
 
 hhble. Servts- 
 DANIEL CAMPBELL > Committee for call- 
 JONA. MARTIN J ing a Congress. 
 
 May 13ih, A. D. 1775." 
 
HILLSBOROUGH COUNTY CONGRESSES. 19 
 
 The discovery of the full records of the third County Congress 
 among the defunct Campbell deeds, was as when a searcher for 
 gems uncovers a Kohinoor. Their recovery renders nugatory the 
 many conjectures as to its proceedings, and corrects many misap- 
 prehensions long entertained. 
 
 County Congress, Amherst, May 24, 1775. 
 
 At a Convention of the Delegates from the several towns in ye 
 County, held at Amherst, May 24th, 1775. 
 
 Chose Jona. Martin, Chairman. 
 
 Revel. Mr. Searle of Mason, Clerk. 
 To see if it is the minds of the members of this body to agree 
 to and acquiesce in the Resolves of the late Continental Congress 
 in Septr. & Octr. Last at Philadelphia. 
 Voted in the Affirmative. 
 
 To see if the several towns in the County have chosen a Com- 
 mittee of Safety ^to see if the towns in the County strictly adhere 
 to late Resolves of the Continental Congress. 
 
 Answer in the Affirmative Except two towns which promised 
 to forward the same. 
 
 Voted a Committee to act on any affairs that may come before 
 them, or any seven of them to be acorram to act till further orders. 
 
 Committee, Campbell, Nevens, Lovewell, Neal, Barron, Martin, 
 Hail, Simonds, Holmes, Mr. Searle, Mr. Webster, Adams, Bow- 
 man, Patten, Jones. 
 
 Upon the article in the call respecting the sending of a Commit- 
 tee to meet the Bay Congress, the town of Hollis instructed its 
 delegates "that as we have a Provintial Congress now sitting which 
 doubtless will send to them, therefore it appears to us not Best for 
 this County to take it upon themselves to send such a Commity." 
 This matter, with all matters touching the "internal Polity of this 
 County to prevent declining into a state of Nature," appears to 
 have been submitted to this large Committee of Safety for the 
 County, which was, for a time, the only local government. 
 
20 HILLSBOROUGH COUNTY .CONGRESSES. 
 
 It cannot be matter of surprise to any who have well considered 
 the state of public affairs in these opening months of the Revolu- 
 tion, that in the abrogation of the tyrannical government under 
 which they had lived, and the improvising of self-government, 
 there should be many an occasion for the misunderstanding of 
 rights and duties, as well as for much friction, growing out of 
 differings of opinion and judgment, honestly entertained by those 
 acting for the people in these several committees, as to the wisest 
 and safest courses of action. This will be the more apparent if 
 we recall the fact that some of the most active members of these 
 primary assemblies, (as did the first-named on this County Com- 
 mittee of Safety,) a full year after this, refused to subscribe to 
 "the test" prescribed and presented to all the people of the Colo- 
 nies for their signature, by the Continental Congress. 
 
 The i'ollowiiig"original paper affords proof of such friction, and 
 will serve to throw light on the relative duties, and the oft uncer- 
 tain judgments, of the distinct branches of the unique government 
 thus hastily formed. It was found among papers of the late Noah 
 Worcester, Esq,, one of the Hollis Committee of Safety, and grand- 
 father of Hon. S. T. Worcester, of Kashua, (present with us,) 
 through whose courtesy it is here presented : 
 
 Tub Letter that was Directkd to M«- Searle, Clerk for 
 the County Congress. 
 
 Holles, July 17*. 1775. 
 Gentlemen— You must be Sensible that it has been Strongly 
 Recommended by the Continental Congress, and Enjoyned by them 
 upon the inhabitants of the Several Towns in this Government, 
 that they chuse Committees of Safety to keep Good Order in their 
 Respective Towns, & also to Examine & deal with all such persons 
 as appeared to be in any wise Enemical to their Country. You 
 must also be Sensible that it has been Recommended by the Con- 
 tinental Congress to all the Colonies on this Continent in General, 
 and in Particular, We in this Government have had it Recom- 
 mended to us by our Provincial Congress, to do all in our power 
 
HILLSBOROUGH COUNTY CONGRESSES. 21 
 
 to preserve Good Order among our Selves, that thereby the Union 
 of all the Colonies might be perfectly harmonious, that we might 
 avoid doing any thing that might Cross the General plan, & have 
 a tendency to destroy the Common Cause. 
 
 — Therefore, we would inform you that the inhabitants of this 
 Town did Chuse us the Subscribers as a Committee of Safety for 
 the Purposes above mentioned, & We have met from time to time 
 & always hitherto have been, & still are Ready to hear any Com- 
 plaints against any inhabitant of this town, & determine the same 
 impartially. Notwithstanding all which we Understand you have 
 Assumed on Authority of your own to Summon some of the inhab- 
 itants of this Town before you for Tryal. We should have Really 
 thought if you had any thing against any of them, that you Could 
 not have been so mistaken as not to have known that it was yoar 
 duty to have Come & Complained to us, and if you were not Sat- 
 isfied with our Decision of any matter, you might Appeal for Fur- 
 ther Tryal to our Provincial Congress, or Committee of Safety, or 
 the Continental Congress ; this we look upon to be the proper way, 
 — and When any person or body of men, do Assume upon them- 
 selves to Go Contrary to the Advice of the Respective Congreesses, 
 & the Rules and Resolves Laid down by them, they are Really 
 hurting the Common Cause, and are (what they call others) Ene- 
 emies to their Country. And you may depend on it that we both 
 as members of Society and as a Committee of Safety in this Town 
 shall, as We think it our Indispeusible dnty, do all in our power 
 to have the strictest Regard and obedience paid to Whatevir the 
 Respective Congresses have already advised to and may Advise to. 
 
 As to your Citing any persons before you who have been Exam- 
 ined by us, and Dealt with, We look upon it to be of Dangerous 
 Consequence, a very Extraordinary Procedure, and » Reflection 
 upon our Capacity and understanding, and something which did 
 not belong to your proper Province. 
 
 We herewith send you inclosed a Copy of the declaration which 
 was subscribed by sundry persons ol this Town, & which was 
 thought by us to be satisfactory, & we gave those persons a Certif- 
 icate und^r our hands that we looked upon them as Friends to their 
 Country. This declaration here inclosed has been shown to some 
 of the members of the Provincial Congress of this Government, 
 to a number of Gents in the Massachusetts Province & in the Col- 
 onv of Connecticutt, and they all of them have highly approved 
 of "it, and think it by all means Satisfactory. 
 
 Upon the Whole, Gentlemen, we would Assure you that all we 
 are Seeking after is to promote the Good of the Country, of the 
 Province, and the Common Cause of all America in General, in the 
 defence of our Just Rights and Liberties; and We Earnestly Wish 
 and Pray that our Endeavours may be Crowned with Glorious 
 Success. We are Gentlemen your Hum'- Servants — 
 
22 HILLSBOROUGH COUNTY CONGRESSES. 
 
 The occasion for this sharp remonstrance of the Hollis Commit- 
 tee of Safety may be found in the following record of the proceed- 
 ings of the County Committee chosen by this last Congress : 
 
 Proceedings in the Case of Benjamin Whiting, of Hollis. 
 
 Whereas the delegates for the several towns in the County of 
 Hillsborough in Congress chose a committee of nine persons to 
 hear, examine, and try Benjamin Whiting, Esq.,. as an open and 
 avowed enemy to his country, the said Whiting being notified of 
 the time and place of heai-ing, did not appear. 
 
 Ordered, that his contempt be recorded, and that upon exam- 
 ination of sundry depositions and evidences we find him guilty of 
 the crimes laid to his charge, and we do caution all persons from 
 connexions with him. Matthew Patten, Chairman. 
 
 Amherst, in N. H. government, July 13, 1775. 
 
 One of these depositions was as follows : 
 
 Thompson Maxwell testified and said that in the month of May 
 last past, I was riding from Holies to Amherst, in New Hampshire 
 government, in company with Benjamin Whiting, Esq., who ask- 
 ed me what I thought of Major Sullivan's taking away the guns 
 and powder from Castle William and Mary ? I answered that I 
 looked upon it as a piece of good conduct. Then said Whiting 
 answered that said Sullivan was a dam'd perjured villain for so 
 doing, and a dam'd rebel, and deserved to be hanged, that this 
 spring the king's standard would be set up in America, and proc- 
 lamation made that those that would come in and enter their 
 names would have a pardon, and those that would not would be 
 deemed rebels and suffer death jointly, and that within three 
 months said Sullivan and John Hancock would be hanged. The 
 said Whiting also said he hoped I would come in and enter my 
 name. Sworn to before Jonas Dix, Jus. Peace. 
 
 Cambridge, July 6, 1775. 
 
 But Whiting proved a false prophet ; and the Certificate of the 
 Hollis Committee of Safety proving as false as he, and failing to 
 make of him a safe man for the Province, he was finally proscrib- 
 ed and banished, and his property confiscated. 
 
 The towns of New Boston, Weare and Francestown, appealed 
 directly to the Provincial Congress for redress of their troubles at 
 about the same time, as the following paper (Hammond's Town 
 papers, vol. 12, p. 649,) shows : 
 
hillsborough county congresses. 23 
 
 Statement op the Comimttees of Safety of New Boston, 
 Francestown and Weare, July, 1775. 
 
 To the Honorable the Provincial Congress, Council of War, or Com- 
 mittee of Safety sitting at Exeter in and for the Province of New- 
 Hampshire. Gentlemen — 
 
 We the Subscribers being Committees of Safety for our respec- 
 tive Towns think it our indispensible Duty to remonstrate to you 
 Geutln as the Guardians of our Province the malancbolly and un- 
 happy Scituation of our Country by Reason of a Number of Dis- 
 orderly Persons who lying aside all Reason and Rules prescrib- 
 ed by You Gentem and the Wisdom of the Continent, have set 
 themselves as it were in Battle Array against all Order ; and pur- 
 sue with hasty steps the very road to Confusion and Effusion of 
 Blood and therefore from such unnatural Behaviour fearing the 
 worst of Consequences if not speedily prevented and conscious we 
 have done everything in our Power hitherto within our proper 
 spheres of Action to prevent a Consequence so horrible in its Na- 
 ture and so utterly subversive of Peace and and Unity and seeing 
 the dreadful Eve of domestic]? War now blackening over our heads 
 we now avail our-selves of the last Effort in applying to You 
 Ge"iitln in whom this Province has reposed so much Confidence, 
 humbly beseeching You in your great Wisdom to point out Some 
 more effectual Method than has heretofore been taken, that all 
 Persons who have been fairly and impartially examined and Just- 
 ly and honourably acquitted of the odious Names Tories and Ene- 
 mies to their Country may rest in Peace for the future and have 
 an Opportunity by their good Behayiour to prove to the World 
 what Malice itself must acknowledge and applaud and unless some 
 such Method be Speedily taken (in our opinions) our County will 
 so6n discover that Committees of Safety are but Empty Names 
 and the Distress of Nations our only Asylum and Place of Resort 
 If the Above Remonstrances should appear to you Gentl" Reason- 
 able and worthy of Notice Your Compliance therewith will con- 
 ferr very great obligations on 
 
 Gentn your most obedt hi* Serv"-- 
 
 New Boston, July 18, 1775. 
 
 Charles mellen, John Dickey James Fisher \ Comittee of Safety 
 William m^master, Thos McLaughlin \ for Francestown 
 
 James m c Farson, William moor ) Committee for 
 Daniel molester ) Netri Boston 
 
 William Dustan, Timothy worthley ) Committee 
 Ebenezer Bayley, Sam Philbrick \for Weare 
 
24 HILLSBOROUGH CODNTY CONGRESSES. 
 
 The following correspondence should have a place in this record 
 of the third Hillsborough County Congress. The first letter was 
 copied from the Essex Gazette of date of August 3d, 1775, the re- 
 ply thereto, from vol. two of the "American Archives," the exten- 
 sive documentary collection by Peter Force. 
 
 To the Hon. John Sullivan, Brigadier-General of the Continental 
 
 Army — 
 Sir, 
 
 The Committee of Safety for the County of Hillsborough, in the 
 Colony of New-Hampshire, having in contemplation the great Ser- 
 vices you lately rendered the County in your Civil capacity, and 
 the great Abilities you then exerted at the Bar, in their Defence, 
 at a Time when the People were most cruelly oppressed by the 
 Tools of Government, pray Leave to address and congratulate you 
 on your Appointment to the rank of Brigadier-General. An Ap- 
 pointment, which as it distinguishes your Merit, so at the same 
 Time, it reflects Honour upon, and shows the penetrating Discern- 
 ment of those truly eminent Patriots, from whom you received 
 it, aud of whom are composed the Continental Congress. — Nor are 
 we less sanguine in our expectations, of the high advantages, which 
 must result (under God) to the Public, by your military Skill and 
 Courage — As you have been indefatigable in attaining the first, 
 and have given a recent Instance of the latter, to your great Hon- 
 our and Reputation, in depriving our Enemies of the Means of 
 annoying us at Castle William and Mary, and at the same Time 
 furnishing us with Materials to defend our invaluable Rights and 
 Privileges. 
 
 This, Sir, must be ever had in Remembrance, and (amongst the 
 Actions of others our Heroes of 1775,) handed down to the latest 
 
 Posterity. That the Almighty may direct your Councils, — be 
 
 with you in the Day of Battle — and that you may be preserved as 
 a Patron to this People, for many years to come, is our fervent 
 Prayer. Per Order, 
 
 July 17, 1775. Matthew Patten, Chairman. 
 
 While Sheriff Whiting and his base Tory compeers would glad- 
 ly have hanged Sullivan for his noble venture, the people of the 
 County were of Thompson Maxwell's opinion, that '"it was a piece 
 of good conduct I" And as in duty bound, will ever so regard it. 
 
 The following is General Sullivan's answer addressed to this 
 County Committee, copied as above stated : 
 
HILLSBOROUGH COUNTY CONGRESSES. 25 
 
 To the Honourable the Committee of Safety for the County of 
 Hillsborough : 
 
 Gentlemen : Your polite congratulatory Address upon my 
 Appointment to the rank of Brigadier- General in the American 
 Army, demands my most sincere and cordial thanks. Your ap- 
 probation of my conduct while at the bar, acting in defence of an 
 injured people against the arbitrary tools of Government, gives me 
 highest satisfaction. 
 
 The favorable opinion you have formed of my courage and mil- 
 itary skill, must, alone be a sufficient inducement for me to exert 
 myself at this important day, and, if possible, prevent yon*from 
 being disappointed in your expectations. It gives me great pleas- 
 ure to find that so respectable a number of the worthy sons of free- 
 dom, in the Colony to which I belong, have so publicly given their 
 approbation of my conduct in assisting to secure the warlike stores 
 at Fort William and Mary, and thereby preventing those evils that 
 must have resulted from our enemies having possession of them. 
 That the important office you sustain may be ever held by such 
 worthy patriots, who, while they so nobly exert themselves in de- 
 fence of our common liberties, are endeavouring to strengthen the 
 hands of others, is, gentlemen, the earnest prayer of 
 Your most obedient servant, 
 
 John Sullivan. 
 
 Camp at Winter Hill, August 10, 1775. 
 
 The following blank form of an iron-clad oath was found, in writ- 
 ing, with the other records, among the Campbell papers : 
 
 "I, A. B., Do solemnly Swear By the Great Name of the Ever- 
 living God that I will do my duty as a good Subject of the State 
 of New Hampshire, that I will to the utmost of my power and abil- 
 ity Disclose and make Known to some officer or Magistrate acting 
 for and under the Authority of the United States, or some one of 
 them ; all plots & Conspiracies which I know or may come to my 
 Knowledge against this State, or the United States of America, or 
 anv one of them ; as Independent of and in opposition to the King 
 of Great Britain — and that I will not Directly or Indirectly aid, 
 assist, advice, or give Intelegence to any person or persons acting' 
 under the Authority of the Said King of Great Britain Relative 
 to his or their Endevering to Bring the United States or any one 
 of them under the Dominion of the Said King. And that I take 
 this Oath without any mental Reservation or Equivacation what- 
 soever, and mean Honerably and faithfully to perform the same. 
 So help me God." 
 
26 HILLSBOROUGH COUNTY CONGRESSES. 
 
 In these unquestionable records we have seen the manner in 
 which the people of Hillsborough County proceeded in the forma- 
 tion of a Government to protect themselves, and to avoid "declin- 
 ing into a state of nature." This County Committee of Safety, 
 thus chosen and instructed, and subject to the instructions of the 
 Provincial and Continental Congresses, constituted the only local 
 appeal higher than the Town Committees of Safety, until the 
 formation of the State Government, in January following. 
 
 The late Col. Potter, our State civil and military historian, in- 
 vestigated this history while writing the '-History of Manchester," 
 and in that work (pp. 427-8,) says : 
 
 "This (third) Congress met on the 24th of May, at Amherst, and 
 proceeded to take measures for the "better security of the internal 
 polity of the County," (words quoted from the call.) Among oth- 
 er measures, a Committee was chosen to take possession of the 
 Jail, and the Congress adjourned to the 4th of July. 
 
 "On the 4th day of July the County Congress met at Amherst, 
 according to their adjournment. Mr. John Harvey was doubtless 
 in attendance from this town (Derryfield). The keys of the Jail 
 were duly given into the care of the Congress by this Committee. 
 
 "They then chose varions Committees, — one, consisting of men 
 in each town, to "judge Tories," and another to exercise the pow- 
 ers of Justices of the Peace within the County. They also estab- 
 lished a Court of Justices, to be held at Amherst, at stated periods. 
 Of this Court Hon. Timothy Farrar was a Justice and "held court" 
 at Amherst' during the summer of 1775, by virtue of authority of 
 this Congress. After making arrangements for "securing the in- 
 ternal polity of the County," the Congress adjourned." 
 
 Of this supposed fourth County Congress there is to be found 
 no records, and there are many reasons for the belief that no such 
 gathering or results occurred. Of these a few may be mentioned: 
 
 1. The day named, the 4th of July, (then without political sig- 
 nificance,) was the day for the assembling of the Inferiour Court 
 of Common Pleas for the County, at the same place ; and the.6th, 
 for the Justices' Sessions. The records of both show but two mem- 
 bers present, both Amherst Justices, one presided, the other acted 
 as Clerk pro tern., and adjourned the Courts ! 
 
HILLSBOROUGH COUNTY CONGRESSES. 27 
 
 2. A Committee to judge and deal with those suspected of infi- 
 delity to their country already existed in every town, and the 
 Third Congress had also elected a large Committee of Safety, and 
 entrusted thereto the internal policy of the County. The matter 
 of the appoinment of a Court, and of persons to exercise the pow- 
 ers of Justices of the Peace, by its authority, lacks verification, 
 notwithstanding the statement of Judge Farrar (see Hist, of New- 
 Ipswich p. 365,) — a statement probably made from memory, at the 
 treacherous age of 93. Frederic Kidder, Esq., one of the authors 
 of that history, (after a careful examination of these records, and, 
 in company with the writer of this sketch, carefully examining the 
 Court and Town records of the County, and finding no trace of 
 Court, Justice or Juror,) fully endorsed the view herein taken. , 
 
 In June, 1775, two men were convicted by the Committee in 
 Mason, of stealing and killing a heifer, and fined, but refused pay- 
 ment ; whereupon the advice of the Committees of New-Ipswich 
 and Mason was sought, and the rogues summoned to appear before 
 the three. But they did not appear ; and Mason Committee ap- 
 pealed to the Provincial Congress for instructions ! Where were 
 the Courts and Justices? A good illustration of the times. 
 
 3. This Fourth County Congress is represented as having been 
 held by adjournment from that of the 24th of May ; but the com- 
 plete record of that Congress, herein presented, proves that, like 
 its predecessors, it was "dissolved." 
 
 4. It is no confirmation of the continuance of these Congresses 
 that one or two towns may have elected delegates at a later date. 
 Deer-keepers were elected long after all the deer had fled! 
 
28 MISCELLANEOUS RECORDS. 
 
 The following miscellaneous records will serve to illustrate the 
 the foregoing sketch, and to sustain some of its positions : 
 
 "Oct. 23, 1774, (Sunday) a warrant was issued' for a town meet- 
 ing in Mason, the next day, to choose a delegate to meet the Ses- 
 sions at Amherst. 
 
 At a town meeting in Merrimack, held May 9, 1775, a Commit- 
 tee was chosen to draw up instructions to Jacob McGaw, who 
 had been chosen to represent the town in the Provincial Congress 
 at Exeter, on the 17th, "to be laid before the town on Sunday next 
 for their approbation." 
 
 "Revolutionists know no Sabbaths." — Webster's Balt'r. Add. 
 
 Our Revolutionists evidently had no respect of persons, and as 
 
 little knew the Clergy as the Sabbath, in that trying crisis. In 
 
 Judge Patten's diary is the following : 
 
 July 17th, (1775) There was 4 of Goffstown committee, and 4 of 
 Merrymack, and 2 from Derryfield met in Bedford by desire of the 
 Bedford committee, to judge of (Rev.) Mr. Houston's being an 
 Enemy to this country ; they judged him Guilty and confined him 
 to the County without leave from the major part of the committees 
 of the towns who judged him ; we broke up the next morning after 
 day-break." 
 
 The Rev. gentleman still proving "en eniycal," the town voted 
 him 36 Sabbaths to his own use more than the 9 agreed upon, and 
 no pay! He was soon after treated to a free six-mile ride upon a 
 wooden horse, by a private committee, with no better result. 
 
 [Where was the County Committee, represented as chosen two 
 weeks previous, to "judge the tories"? (See p. 25, If 5.)] 
 
 A town meeting was held in Merrimack. June 19th, 1775, "to 
 choose a Committee to meet the Committee of the neighboring 
 towns in order to choose Field Officers for Regulating the Militia, 
 as is recommended by the Provincial Congress." That gathering 
 of "neighboring towns" has left no trace behind. 
 
MISCELLANEOUS RECORDS. 29 
 
 Hollis records afford another instance of appeal to neighboring 
 •Committees of Safety, and of tliu misjudgment of the Courts: — ; 
 Early in 1776, Benjamin and Leonard Whiting, Samuel and Thos.' 
 Cuinmiiigs, and Richards Cutts Shannon, a proud lawyer, fresh 
 from Portsmouth, were summoned before the combined Commit- 
 tees of Safety of Hollis, Dunstable, Merrimack and Litchfield.! 
 They appeared with counsel ; appealed to' the General Court, in 
 session at Exeter ; were tried and discharged ; but, nevertheless, 
 proved desperate tories. In the same month, Thomas Cummings 
 was indicted by the Superior Court and gave bail to appear in 
 September. Record, "leg bail." 
 
 Town Committees "judged the tories" till law and order were 
 fully restored. In October, 1779, Hollis. in town meeting, adopt- 
 ed the price of certain articles agreed on, and posted the same, all 
 persons not governed thereby to be judged "inimical." Zechariah 
 Lawrence, jr., being convicted of defacing the document posted, 
 the town by vote tnrned him over to its Committee of Safety. 
 
 Hollis had had enough trouble from these friends of the King, 
 and there was no desire for their return. Early in 1783, a town 
 meeting was held to act upon this matter. The following record 
 is not remarkably fragrant with forgiveness : 
 
 The minds of the people being tried in respect to the Return- 
 ing of those Miserable Wretches under the names of Tories, Ab- 
 sentees or Conspirators, 
 
 Voted unanimously that they shall not be allowed to return or 
 regain their forfeited possessions. 
 
 "Voted that a Committee be chosen to give the Representative 
 of this Town particular Instructions which may eonvey to him the 
 unanimous sentiments of the people in respect to the Absentees 
 above mentioned. 
 
 These were the men, notoriously "inimical," who, eight years 
 before this, were dealt with by the County Committee, drawing 
 out the bitter remonstrance of the Hollis Committee (p. 20.), who 
 had given them clean papers ! 
 
30 MISCELLANEOUS RECORDS. 
 
 Bedford people were no less decided, but a little more moderate 
 in their expressions. May 31 1783, they instructed Lt. John Orr, 
 their Representative at the General Court, as follows : 
 
 Sir : — Although we have full confidence in your fidelity and 
 public virtue, and conceive that you would at all times pursue 
 such measures only as tend to the public good, yet upon the par- 
 ticular occasion of our instructing you, we conceive that it will be 
 an advantage to have your sentiments fortified by those of your 
 constituents. 
 
 The occasion is this : the return of those persons to this coun- 
 try, who are known in Great Britain by the name of loyalist, but 
 in America, by those of conspirators, absentees, and tories : 
 
 We agree that you use your influence that these persons do not 
 receive the least encouragement to return to dwell among us, they 
 not deserving favor, as they left us in the righteous cause we were 
 engaged in, fighting for our undoubted rights and liberties, and as 
 many of them acted the part of the most inveterate enemies. , 
 
 And further, — that they do not receive any favor of any kind, 
 as we esteem them as persons not deserving it, but the contrary. 
 
 You are further directed to use your influence, that those who 
 are already returned, be treated according to their deserts. 
 
 The process of "judging tories" may be learned from the follow- 
 ing. One of Henuiker's Justices, being "suspected," was sum- 
 moned and appeared before the Town Committee, in the old log 
 meeting house. The following is the Report made to the State 
 
 Committee of Safety : 
 
 Henniker, June ye 12, 1775. 
 The Resolves of the Committee met to discourse Joseph Kim- 
 ball, Esquire, concerning his political principals in the dispute be- 
 twixt Brittain and this North America, Accusations as follows : 
 viz : the sd Kimball did say that he did not blame General Gage 
 for coming to this North America But did not justify or approve 
 his evil Conduct since lie has been in yf Country. Further, the 
 s d Kimball is for keeping up civil authority- Further, the sd Kim- 
 ball being accused of speaking favorably of Gov. Wentworth — But 
 discoursing the Committee before the body of the people and find- 
 ing the people disaffected, the s d Kimball saith he is sorry that the 
 people are uneasy with him: and that he is sorry if he hath given 
 any provocation of offense. But means to do all so far as lies in 
 his power to Propegate y e liberty cause, and we the s d Committee 
 of Safety do receive y<= s d Kimball as a friend to ye Common Cause. 
 
MISCELLANEOUS RECORDS. 31 
 
 The following documents will serve to explain some of the votes 
 passed by the Second County Congress (p. 16): 
 
 Concord (January, 1774,) petitioned to be annexed to Hillsbo- 
 rough County, for reasons thus set forth : 
 
 First, as there is but one Superior Court of Judicature in a year 
 held in said County of Hillsborough, and Prisonej-s committed for 
 capital'crimes must lay in Goal sometimes Eleven nine or six 
 months according to the time they are committed before it can be 
 known whether they are or are not guilty ; and in case they should 
 be acquitted your Petitioners constituents humbly apprehend it a 
 great Pity that they have, suffered so long and if found guilty they 
 think it a grievous burthen to maintain such bad subjects so long 
 at expence of poor honest industrious beginners in the wilderness. 
 
 Secondly Creditors in General in said County of Hillsborough 
 who incline to sue at any time except July term in said County 
 are obliged to indorse their notes &c. over to persons who live in 
 the County of Rockingham or other Counties & some to the Mass- 
 achusetts, and the expence is as great as before they were a County. 
 [For full petition, by town agent, see Prov. pap. vol. 7, p. 348] 
 
 In June, 1775, the Provincial Congress at Exeter issued the 
 
 following Address to the people : 
 
 This Body having taken into, consideration the great stagnation 
 of trade and the difficulty to which their constituents are reduced 
 by the unhappy dispute with Great Britain as to the turning eith- 
 er their Real or personal Estates into Cash, think it necessary to 
 l'ecommend for the present all possible lenity & forbearance in 
 Creditors. towards those who may stand indebted to them, and that 
 they avoid multiplying suits at law &especially the carrying them 
 tt)'such length as the Levying Execution on Real Estate, which 
 must in this case (in our apprehension) be sold much below their 
 Real value. We must particularly recommend this lenity & for- 
 bearance in Reference to such who have or may engage as officers 
 & Soldiers in the defence of the invaded rights and Liberties of 
 America ; and we further recommend to Debtors all possible care 
 and endeavor to discharge to the utmost of their power all de- 
 mands upon them. 
 
32 MISCELLANEOUS RECORDS. 
 
 The preamble and sharp resolutions adopted by the town of 
 Hollis, November 7, 1774, (seep. 8,) and supposed to have origin- 
 ated there, may be found, under previous date of October 21, in 
 American Archives, ser. 4th, vol. 1, p. 887, also, in N. H. Prov. 
 Papers, vol.7, p. 417, headed, "Frances Town Resolves," with 
 twenty-three signatures, headed by Esq. John Quigley ! This 
 was Esq. Whiting's assistant, in 1772 famed for his ride to Weare 
 and back, (see p. 12); in 1773, asking protection in Court-time, 
 which he doubtless needed, (see records following) ; in 1775, ad- 
 judged by County Committee unsafe to be at large, (Prov. Papers, 
 vol. 7, p. 563) ; who sought protection at Exeter six days later, 
 and probably found it in "Cohos" (Prov Papers, vol. 7, p. 639.) 
 
 In June, 1775, Joseph Kelley, of Nottingham West, by order of 
 Committee of Safety at Cambridge, "raised a, number of men for 
 the preservation of the liberties of America,'' and "verily thought 
 he was serving God and his country in so doing." But he and 
 one Major Hubbert were "suspected persons," and the men refus- 
 ed to be mustered in by the latter, and so Kelley appealed to the 
 Provincial Congress at Exeter. (Prov. Papers, vol. 7, p. 496.) — 
 Kelley's reputation was bad, as will be seen in the Court records. 
 
 July, 1775, objections being raised that Francestown Committee 
 of Safety was not fairly and legally elected, the Selectmen called 
 in the Committees of two neighboring towns, who sanctioned the 
 election. (Prov. Papers, vol. 7, p. 563.) 
 
 The Committees of Litchfield and Merrimack having taken pos- 
 session of Lutwyche's Ferry (now Thornton's) and run it, Sarah 
 Lutwyche appealed to the Congress at Exeter, Nov., 1775, and it 
 was restored. (Prov, Papers, vol. 7, p. 641.) 
 
 The Bedferd Committee attempt to settle a private claim but 
 fail. (See Prov. Papers, vol. 7, p. 671.) 
 
BRIEF SKETCH 
 
 Hillsborough County Courts, 
 
 FOE 
 
 FIRST DECADE. 
 
 Prior to the Revolution, not only the Governor and Council, but 
 all magistrates, held their commissions from the King. 
 
 The bill dividing the Province of New-Hampshire into five Coun- 
 ties, passed by the Assembly, having received the approval of the 
 King, took effect March 19, 1771. Previous to this all the Courts 
 had been held at Portsmouth, and the transaction of business in 
 them was attended with great delay and expense. 
 
 Four Courts were at that time constituted : the Superior Court, 
 — the Inferiour Court of Common Pleas, — the Court of the General 
 Sessions of the Peace, — and the Court of Probate. 
 
 The following brief record of the Hillsborough Courts from their 
 inception through that decade, will be of interest and value as ex.- 
 planatory and illustrative of the foregoing. They were copied 
 by the compiler of this sketch, from the original records in the 
 County Clerk's office, in 1872. 
 
 The first record found of any Court in Hillsborough County is 
 that of the General Sessions ; but this brief sketch will be com- 
 menced with that of the higher Court. 
 
SillgWougli gupericrf CWt£, 1^3"'§3. 
 
 — sjfc-eiS^Ar^a-S-J — 
 
 Anno Regni Regis Georgh Tertii Magn^e Brittanni^e, 
 
 Francis et HibernijE Duodkcima. 
 SUPERIOR COURT, 2d Tuesday Sept., L772. 
 
 Hon. Theodore Atkinson, Chief Justice. 
 ( Meshech Weare, ) 
 Hon. -c Leverett Hubbard, > Justices. 
 ( Wm. Parker, ) 
 
 Geoi-ge King, Clerk. 
 Joseph Kelley was convicted. (Offence not stated.) Sentence, 
 fine £10 and costs, 3 months in Jail, and to give bonds £100 for 
 his good behaviour for one year. 
 
 SUPERIOR COURT 2d Tuesday Sept., 1773. 
 
 Same Officers as in 1772. The following was the only criminal 
 
 cas, being the first capital trial in the Hillsborough County Courts, 
 
 and the first and only instance of a rogue's escape by pleading 
 
 "his clergy." 
 
 Domini Rex-v.-Israel Wilkins. 
 
 The said Wilkins being arraigned at the Bar, pleaded not guilty, 
 and put himself upon his Country for trial. 
 
 The Attorney General and Council for the Prisoner being fully 
 heard on the evidence, the Jury withdrew, & returned into Court, 
 say upon their oath that the prisoner at the Bar is guilty of Man- 
 slaughter only. The Prisoner being asked why sentence of Death 
 should not be passed on him, pleaded his clergy, which he was 
 allowed to do. Whereupon the prisonor, the said Wilkins, was 
 burned with a hot iron in the form of a letter T. on the brawny 
 part of the thumb of his left hand, and it is further considered 
 that said Wilkins forfeit all his Goods and Chattels to the King. 
 
 [The indictment was for the murder of his father, Israel Wilkins, sen., 
 at Hollis, Nov. 2. 1772, in a sudden quarrel, by a blow on 'he head, hy 
 a billet of wood, which blow he survived three days. Manslaughter, as 
 premeditated murder, was then punishable by death. For details of the 
 British "jwivVegium clericuhtm," which secured many a rogue against his 
 deserts, see Appleton's Encyclopedia, article "Benefit of Clergy," which 
 erroniously states that this was never allowed in this country.] 
 
FIRST HILLSBOROUGH COURTS. 35 
 
 SUPERIOR COURT, 4th Tuesday Sept., 1774. 
 Present, same Justices as in 1772. 
 
 Domini Rex-v.-Molly Foster. 
 Offence, Bastardy. Plead that she "would not contend with 
 our Sovereign Lord, the King, but submit herself to his grace.'' 
 Fine, 5Qs. and costs, and stand committed till paid. 
 This session adjourned Oct. 1. 
 
 ■ No other record of the Hillsborough Superior Court of Judica- 
 ture is found, nor is it probable that any session was held, until 
 the fourth Tuesday in September, 1776, when the records drop 
 the title of Province, and bear that of the State — old things having 
 passed away, and all things become new. 
 
 January 26, 1776, Plan of State Government adopted, and Offi- 
 cers of Justice appointed for all the Counties. 
 
 In March, Proclamation of said appointments was made, and 
 obedience to all other persons forbidden on pain of being consid- 
 ered inimical to the country. 
 
 June 28, the Court of Appeals was abolished, and its powers 
 and actions pending transferred to County Superior Courts. 
 
 July 6, a new Act was passed establishing Courts, mainly re-af- 
 firming existing ones, which were the si> me as the Province Courts 
 with newly appointed officers. 
 
 SUPERIOR COURT T., 4th Tuesday Sept., 1776. 
 Hon.Meshech Weare, Chief Justice. 
 
 ( Matthew Thornton, 1 
 Hon. < Leverett Hubbard, J- Justices. 
 I John Wentworth, ) 
 
 George King, Clerk. 
 
 This was undoubtedly the first Court session in the County after 
 the declaration of Independence. The commissions of the Chief 
 Justice and his Associates were publicly read. Thirty-one Jurors 
 were in attendance. "Dominus Rex" now disappears, and crim- 
 inal acts are brought in the name of "The Government and the 
 
36 FIRST HILLSBOROUGH COURTS. 
 
 People." There were but five civil cases on the docket, — in one 
 neither party appeared, (he other four were continued. Rowland 
 Hideout was tried and acquitted, offence not stated. Three other 
 criminal cases continued, in two recognizances declared forfeited. 
 Joseph Kelley, under recognizances to appear, was discharged. — 
 Court adj'd. to Monday preceding 4th Tuesday in Sept., 1777. 
 
 Next after this is the following entry : 
 
 "The public Business having prevented the Court from meeting 
 at the adjournment, a Resolve passed the General Assembly, Nov. 
 19, 1777, enabling the Judges to take up all matters pending at 
 this Court, at the Superior Court to be held at Amherst, the 2d 
 Tuesday in Dec. following, by adjournment." 
 
 SUPERIOR COURT T., 4th Tuesday Sept., 1777. 
 Hon. Mf.shech Whare, Chief Justice. 
 
 ( Matthew Thornton, ) 
 Hon. -j Leverett Hubbard, > Justices. 
 ( John Wentworth, ) 
 
 George King, Clerk. 
 Adjourned, according to Resolve of General Assembiy, to 2d 
 Tuesday of December, same year. 
 
 Four civil cases, all continued, and one State action. James 
 Taylor and Thomas Senter discharged by proclamation. 
 
 John Holland of Amherst, yeoman, in the sum of £1000, Robt. 
 Read, Esq. and Israel Towne. jr., Esq., both of said Amherst, in 
 the sum of £500 each, recognized for appearance of John Holland 
 at June T. 1778, said Holland to answer to indictment for aiding 
 and assisting in counterfeiting bills of credit of this State. 
 Adjourned to 1st Tuesday iu June, 1778. 
 
 SUPERIOR COURT, Adj'd. T., 1st Tuesday, June 5, 1778. 
 
 John Hollsnd and sureties did not appear. Dr. Jonathan Gove, 
 New Boston, Joshua Atherton of Amherst, Leonard Whiting of 
 Hollis, each recognized in sum of £1000, with two sureties each 
 of £500, to be good and faithful subjects of the State. Similar 
 recognizances were furnished by Richard Cutts Shannon, Joshua 
 Boynton, Hollis; Reuben Smith, husbandman, New Boston; Sam- 
 uel Dodge, husbandman, John Wilkins, gent., Amherst. 
 
 The Court adjourned to the Monday preceding the 4th Tuesday 
 in September and then to the 5th Tuesday. 
 
FIRST HILLSBOROUGH COURTS. 37 
 
 SUPERIOR COURT 5th Tuesday Sept., 1778. 
 
 John Hitchcock, blacksmith, Amherst, convicted of counter- 
 feiting, sentenced to pay fine of £50, costs £25, and 3 months im- 
 prisonment. Dr. John Gove of New Boston, convicted, fine to 
 Government and People £750, costs £26, and 6 months imprison- 
 Richard Cutts Shannon, Joshua Atherton, John Wilkins, Reuben 
 Smith and Samuel Dodge discharged from their recognizances. — 
 
 Col. Moses Kelley, Sheriff of the County, informed the Court 
 that the Jail in Amherst was insufficient. 
 
 SUPERIOR COURT, 4th Tuesday Feb., 1779. 
 
 Hon.Meshech Weare, Chief Justice. 
 
 ( Matthew Thornton, ) 
 Hon. J Leverett Hubbard, > Justices. 
 I John Wentworth, ) 
 Jona. Mitchell Sewell, Clerk pro tern. 
 Joshua Atherton, Esq. at this Term was admitted, and took the 
 Oath of Allegiance to this Stnte "to qualify him for a practice. 
 The form of the oath was prescribed by enactment as follows : 
 
 I, A. B., do solemnly swear that I do renounce, refuse, and ab- 
 jure any Allegiance or Obedience to George the Third, King of 
 Great Britain ; and that I will, to the utmost of my power, sup- 
 port, maintain, and defend the Independence of all the United 
 States of- America, as the same was set forth by the Continental 
 Congress, in their Declaration of the 4th of July, one thousand 
 seven hundred and seventy-six. And I do promise that I will 
 bear Faith and true Allegiance to the State of New Hampshire 
 during my residence therein ; and will disclose and make known 
 to some Magistrate acting under said State all Treasons and Con- 
 spiracies which I shall know to be against the United States, or 
 any one of them, as independent of the Crown of Great Britain. 
 And these Things I do swear according to the plain and common 
 Sense of the Words, without any Equivocation or secret Reserva- 
 tion whatsoever; upon the true Faith of a Christian. So help, &c." 
 
 SUPERIOR COURT, Adj'd. T., Sept. Last Tuesday , 1780. 
 State of New-Hampi-hire { At the Superior Court of Judicature 
 Hillborough ss. ) holden at Amherst, in and for said 
 
 County of Hillsborough, on the last Tuesday in September, 1780, 
 by adjournment from the last Tuesday in February last past, and 
 continued by adjournment to last Tuesday in September instant, 
 present, &e. Record very imperfect. 
 
HILLSBOROUGH 
 Inferior Court of Collin] oi^lek^ : 
 
 1771-1780. 
 
 The first Inferior Court of Common Pleas for Hillsborough 
 County met at Amherst, on the First Tuesday in October, 1771. 
 Matthew Thornton, Chief Justice ; Samuel Hobart, John Shep- x 
 ard, jr. and Samuel Blodgett, Justices. Stephen]Holland, Clerk. 
 This was the first Court session in the County. 
 
 The Attornies whose names appear upon the Docket were, Eb- 
 enezer Champney, New-Ipswich ; Joshua Atherton, of Amherst ; 
 Wiseman Clagget, Litchfield, (the only Attornies then hi the 
 County) ; Nath'l. P. Sargent, Haverhill, Mass. ; John Prentice, 
 Londonderry ; Samuel Livermore and John Sullivan, Durham ; 
 John Lowell, Boston; Stephen Scales, Concord, Mass. 
 
 There were entered upon the Docket 21 cases, the first case en- 
 tered being Nath'l. Emerson vs. Joseph Emerson. 
 
 On through, to the winding up of "His Majesty's Inferior Court 
 of Common Pleas," the same officials appear, with added names 
 as Attornies of John Bunker, Peter Green, Benjamin Byam, Zed- 
 ekiah Drury, Joseph Butterfield. July Term, 1772, 88 entries, 29- 
 appeals. Court granted Josehp Kelley writ of protection. July 
 Term, 1773, 133 entries. July Term, 1774, 158 entries. April 
 Term, 1775, a protection ordered to Jona. Johnson during Court. 
 
FIRST HILLSBOROUGH COURTS. 39 
 
 The record of this Court for its July Term is about as brief as 
 a lawyer could well make it. It is as follows, on a half sheet of 
 Crown foolscap : 
 
 Anno Regni Regis Georgh Tbrtii. 
 
 At His Majesty's Inferiour Court of Common Pleas, Held at 
 Amherst, on ye 4th of July, 1775, after electing Moses Nichols, 
 Esq. Clerk pro tern. , said Court was immediately adjourned to the 
 First Tuesday of October next, at Ten o'clock, A. M., at the 
 Court House in said Amherst. Moses Nichols, Clerk p. t. 
 
 Exit "Georgii Tertii"— and no lnore Inferior Courts of Com- 
 jiion Pleas until January 7, 1777. 
 
 f Jona. Lovewell ) 
 
 Present -; James Underwood, [-Justices. 
 
 ( Jeremiah Page, ) 
 
 13 Jurors returned. Robert Fletcher, Cleric. 
 
 Met at the Court House and adjourned for half an hour to Mr. 
 
 ■Jona. Smith's, Innholder in Amherst. 
 
 Met according to adjournment. (The record of the next day is 
 missing.) Jan. 9th, met. Same members present as yesterday. 
 Ordered by the Court that all the actions hitherto continued be 
 further continued over to the next Inferiour Court to be held in 
 April next. Adj'd without day. Robt. Fletcher, Clerk. 
 
 APRIL T., 1777.— Present 
 
 Jona. Lovewell > j . . ) James Underwood. 
 Jerh. Page j } Farro. 
 
 Eight Jurors returned. 
 April 3d. All actions heretofore ordered continued to be con- 
 tinued to next July T. 
 
 [A mem. giving giving parties in four cases :] The above are 
 Champney's list of appeals. Copies must be made out for the Su- 
 perior Court ye 11th Nov.1777. Robt. Fletcher, Esq. 
 Nemini Contraidicentia. 
 
 JULY T., 1777. The first two leaves of the records of this 
 session are lost. It was adjourned to Aug. 26th, when Timothy 
 Farrar's name (same as Farro in previous record,) appears with 
 the other three Judges. No business is recorded except the grant- 
 ing of an alias Execution to Joseph Kelley on a Jd't. obtained at 
 Oct. T. 1774, which had been lost by a Deputy, and unsatisfied. 
 
10 FIRST HILLSBOROUGH COERTS. 
 
 JANUARY T., 1779.— Col. Moses Kelley, Sheriff of the Coun- 
 ty, appeared in Court and entered his protest against the sufficien- 
 cy of the Jail in Amherst to detain the prisoners already there, 
 or these who may be sent prisoners to the said Jail hereafter. 
 
 Joshua Atherton, Esq. appeared, subscribed and took the oath 
 of Allegiance and Fidelity to the United States of America, and 
 also the Oath of Office appointed by law for Attornies to take — 
 and was thereupon admitted an acting Attorney in said Court. 
 Attest — Robt. Fletcher, Clerk. 
 
 The same Officers through 1779. No records to be found of 
 the January term, 1780. 
 
HILLSBOROUGH 
 
 CWt of Gfci\ei'&l $e^ioi\£ of tl^e ^ekde, 
 1771-1780. 
 
 The first Court record in Hillsborough County is as follows : 
 
 ( Province of 1 At a Court of General Sessions of the 
 I New-Hampshire, j Peace, (held for the purpose of prepar- 
 ing a Prison, raising money, &c, Pursuant to an Act entitled An 
 Act for Dividing the same into Counties ; and for the more easy 
 Administration of Justice,) held in the publick Meeting House 
 in Amherst, within and for the County of Hillsborough, in said 
 Province, by adjournment on the 6th day of May, in the eleventh 
 year of His Majesty's Reign, A. D. 1771, held by adjournment 
 from the first Thursday next after the first. Tuesday in April last, 
 ("John Goffe, } 
 
 * E. G. Lutwytch, | 
 
 Present H }™^. . U SQUIRES . 
 John ohepard, jr. 
 Samuel Hobert, \ 
 _ Samuel Blodgett, J 
 Appointed John Shepard, jr., Clerk pro tempore. 
 Then adjourned to the House of Jonathan Smith, Innholder in 
 said Amherst. Instantly met at the House of said Smith, accord- 
 ing to adjournment. — Appointed Saml. Hobart, John Shepard, jr. 
 and Benj n - Whiting, Esq., a Committee to cause said Prison to be 
 built. Appointed Samuel Hobart, Esq., Treasurer. 
 
 Ordered, that the Committee aforesaid Provide a suitable House 
 in said Amherst, and make it fit to keep prisoners in until a Pris- 
 on can be built. 
 
 Adj'd. to Second Thursday in June, to meet at said Smith's. 
 Met according to adjournment on the 2d Thursday of June, as 
 before written. Present, Goffe, Lutwyche, Shepard, Hobart, and 
 Reuben Kidder. Dismissed the Court without day. 
 
 John Shepard, Jr., Clerk pro tern. 
 
 At a Court of the General Sessions of the Peace held at Am- 
 herst, in and for the County of Hillsborough, in the Province of 
 New Hampshire, on the first Thursday next following the first 
 Tuesday in July, 1771, in the 11th year of His Majesty's Reign : 
 
 Present, same Justices — with Stephen Holland added, who was 
 appointed Clerk, and took the oath of office. 
 
 Adjourned to seven o'clock to-morrow morning. 
 
42 
 
 FIRST HILLSBOROUGH COURTS. 
 
 Met according to adjournment. Present same all but Kidder. 
 
 Ordered that the several towns and places in the County be and 
 hereby are assessed the several particular sums of money herein 
 afterward annexed to the name of each town respectively, to De- 
 fray the Expence of Building a Prison and other necessary Coun- 
 ty charges, that is to say the Town of 
 
 Litchfield 
 
 £19 : 11 
 
 : 2 1-2. 
 
 Dunstable £27 
 
 : 18 
 
 : 8 1-2. 
 
 Boscawen 
 
 11 : 14 
 
 :2. 
 
 Temple 7 
 
 : 16 
 
 : 6 1-2. 
 
 Bedford 
 
 16:10 
 
 : 1 1-2. 
 
 New Boston 11 
 
 : 14 
 
 :9. 
 
 Nottingham 
 
 w. 25: 1 
 
 : 3 1-3. 
 
 Weave 8 
 
 : 7 
 
 : 8 1-2. 
 
 Amherst 
 
 42 : 16 
 
 :11. 
 
 Holies 42 : 
 
 : 2 : 
 
 6. 
 
 Derryfield 
 
 11 : 3 : 
 
 5 1-2. 
 
 Mason 9 : 
 
 10 : 
 
 2 
 
 Goffstown 
 
 14 : 11 : 
 
 2 1-2. 
 
 Mile Slip 2 : 
 
 10: 
 
 5 1-2. 
 
 Stevenstown 
 
 9 : 10 : 
 
 3. 
 
 Hillsborough 5 : 
 
 7: 
 
 3 1-2. 
 
 Peterborougl 
 
 i 20 : 15 : 
 
 3. 
 
 N. Ipswich 27 : 
 
 18: 
 
 9 1-2. 
 
 Dumbarton 
 
 12 : 0: 
 
 2 1-2. 
 
 Merrymack 25 ; 
 
 3: 
 
 1-2. 
 
 Hopkinton 
 
 19 : 11 : 
 
 3. 
 
 Lyndeboro' 8 : 
 
 7: 
 
 9. 
 
 Wilton 
 
 15. 1 : 
 
 11. 
 
 Henniker 6 : 
 
 IS. 
 
 2 1-2. 
 
 amounting in the whole to the sum of four hundred pounds, and 
 paid to the Treasurer, and hereby ordered that a Precept be sent 
 to the Selectmen and Assessors of each town and place aforesaid. 
 
 Adjourned until two o'clock. 
 
 Met according to adjournment. 
 
 Ordered that James Hobart, John Shepard, jr., and Benjamin 
 Whiting, Esq. be a Committee to look out a proper place to set 
 the Gaol, and make report on the adjournment. 
 
 Adjourned to 24th day of July inst. same place. 
 
 July 24. Met according to adjournment. Present, Goffe, Lut- 
 wytche, Hale, Hobart, Shepard, Holland. Adjd. to the 3d Tues- 
 day in August. 
 
 August 20. Met according to adjournment. Present, John 
 Goffe, John Shepard, jr., Samuel Hobart. John Shepard, jr. was 
 chosen Clerk pro tern. Clerk ordered to send out venires for 
 Grand Jurors and Petit Jurors — 18 each. 
 
 Anno Regni Regis Georgii Tertii Magx^e Brittannle, 
 Francos et Hibernm; Duodeclna. 
 
 At His Majesty's Courts of Sessions held at Amherst, in and 
 for the County of Hillsborough, on the first Thursday next after 
 the first Tuesday in October, A. D. 1771 ,— 
 
 Present, the Honl> le John Goffe, Edward Goldstone Lutwyche, 
 Samuel Hobart, Matthew Thornton, John Shepard, jr., William 
 Clark, Reuben Kidder, Samuel Cummings, John Hale, Samuel 
 Blodgett, Stephen Holland. 
 
 Adjourned to 3 p. m. — then to to-morrow morning. 
 
FIRST HILLSBOROUGH COURTS. 
 
 43 
 
 Met according to adjournment — all present but Hale. 
 
 Grand Jurors. 
 
 Amherst, 
 Dunstable, 
 
 Holies, 
 
 Peterboro', 
 Derryfield, 
 Wilton 
 
 Solomon Kittredge. 
 
 Benjamin French. 
 ( William Nevins. 
 ( Reuben Dow. 
 
 John Gregg, jr. 
 
 John Stark. 
 
 Jona. Burton. 
 
 Nottingham-w. Henry Hale 
 
 (These were the first Grand Jui 
 
 Mason, 
 
 Bedford, 
 
 Litchfield, 
 
 Temple, 
 
 Merrimack 
 
 Goffstown, 
 
 Lyndeboro' 
 
 N. Ipswich, 
 
 ors drawn in 
 
 Thomas Burdick. 
 James Caldwell. 
 John Harvel. 
 Joshua Todd. 
 Sol'n. Hutchinson. 
 Benjamin Stevens 
 George Goold. 
 Wm. Shattu'ck. 
 
 the County.) 
 
 Domini Rex vs. Jonas Stapleton. 
 
 The prisoner being brought to the Bar pleaded Guilty, and 
 prayed the mercy of the Court. It is therefore considered by the 
 Court that said Jonas Stapleton is guilty as set forth in the in- 
 dictment. It is therefore ordered that he shall be whipt twenty 
 stripes on the naked back at the publick whipping-post, between 
 the hours of One and two in the afternoon of this 3d day of Octo- 
 ber, and that lie pay costs of prosecution taxed at £5: 3: 10, and 
 that he pay Nahum Baldwin, the owner of the goods stolen, forty- 
 four pounds lawful money, being two-fold the value of the goods 
 stolen, (the goods stolen being returned,) and that for default of 
 payment of the said two-fold damages and cost aforesaid, the said 
 Nahum Baldwin be authorized to dispose of the said Jonas in 
 servitude to any of His Majesty's subjects for the space of seven 
 years, to commence from this day, and that ye said JonaS'Stand 
 committed until this sentence be performed. 
 
 (This was t»he first criminal trial in the County.) 
 
 Adjourned to 3 o'clock this afternoon, to house of Jona. Smith. 
 
 Met and adjourned to the 17th instant, at the Meeting House. 
 
 October 17th, met and adjourned to Jona. Smith's instantly. 
 
 Mel according adjt. Present same. Adjd. to 8 a. m. to-morrow. 
 
 Met and adjd. to 2 p. m. Met at 2 o'clock. 
 
 Ordered by the Court that Zaccheus Cutler and Nahum Bald- 
 win be permitted to keep a tavern while the several Courts of Jus- 
 tice are sitting in Amherst, and no other time. _ 
 
 Clerk ordered to pay all money received for licenses to Smauel 
 Hobart, Treasurer, reserving his own fees. 
 
 Adj'd. to 8 o'clock to-morrow. Then adj'd. without day. 
 
44 
 
 FIRST HILLSBOROUGH COURTS. 
 
 [Iii the Seventh year of the Reign of George the Third, 1767, 
 an act was re-enacted laying an Excise on all Spirituous Liquors 
 sold in the Province. The right to collect this was ' ' farmed out' ' 
 in divisons to Receivers, and the amount received paid to Tr.] 
 Taverners for the County of Hillsborough Licensed Oct. T. 1771 : 
 
 AMHERST 
 
 Benjamin Shepard 
 Amos Flint 
 Jonathan Smith 
 Nathan Hutchinson 
 Capt. Robt. Read 
 Ephraim Hildreth 
 Hezekiah Lovejoy 
 Archelaus Towne 
 William Mack 
 
 BEDFORD 
 
 John Bell 
 
 BOSCAWEN 
 
 Samuel Fowle 
 
 DUNSTABLE 
 
 Benjamin French 
 Jonathan Lovewell 
 Thomas Harwood 
 Widow Butterfield 
 
 DERRYFIELD 
 
 Samuel Moores 
 Richard Taylor 
 Abram Morrall 
 John Hall 
 William McClench 
 
 DUXBURY FARM 
 
 Ebenezer Parson 
 
 NOTTINGHAM-WEST 
 
 Reuben Spalding 
 Samuel Bradley 
 
 GOFFSTOWN 
 
 Capt. James Karr 
 Job Dow 
 
 Alexander Walker 
 
 HOLLES 
 
 Samuel Cummings jr. 
 Lt. Samuel Farley 
 
 HILLSBOROUGH 
 
 Archibald Taggart 
 Samuel Bradford 
 
 HENNIKER 
 
 Eliakiui Hale 
 
 HOPKINTON 
 
 Jeremiah Fowler 
 Timothy Clemens 
 Joshua Bailey 
 
 LITCHFIELD 
 
 Nathan Kindle 
 
 LYNDEBORO' 
 
 John Goold 
 Jacob Wellman 
 
 MASON 
 
 Samuel Tarbell 
 Josiah Robens 
 Thomas Tarbell 
 
 MERRIMACK 
 
 Nathaniel Garfield 
 Alpheus Gooden 
 Samuel Spaulding 
 Jonathan Cummings 
 
 NEW-BOSTON 
 
 John H. M'Glavoghlin 
 William Starrot 
 
 NEW-IPSWICH 
 
 Jonas Wheeler 
 Reuben Kidder 
 
 PETERBORO' 
 
 Alexander Robb 
 Robert Willson 
 
 RABY 
 
 Alexander Mcintosh 
 
 SOCIETY-LAND 
 
 Alexander Robison 
 
 TEMPLE 
 
 Peter Hale 
 
 WEARE 
 
 Aaron Quimby 
 
 WILTO*r 
 
 Joseph Butterfield 
 Alexander Millikin 
 
FIRST HILLSBOROUGH COURTS. 
 
 45 
 
 Retailers for the County of Hillsborough Licensed Oct. T. 1771 : 
 
 AMHERST 
 
 Zaccheus Cutler 
 JNahum Baldwin 
 William Roby 
 
 GOEFSTOWN 
 
 Moses Little 
 
 HOLLES 
 
 Daniel Kendrick 
 John Atwell 
 James Coburn 
 Jacob Jewet, Jr. 
 
 HOPKINTON 
 
 Joseph Flint 
 Jonathan Straw 
 
 MASON 
 
 Reuben Hosiner 
 
 MERRIMACK 
 
 Edward G. Lutwyche 
 Robert Main 
 
 NEW-IPSWICH 
 
 Thomas Fletcher 
 Jonas Davis 
 Robert Harris 
 
 NEW-BOSTON 
 
 William Clark, Esq. 
 John Grimes, 
 Alexander Gregg 
 
 TEMPLE 
 
 Francis Blood 
 
 WEARK 
 
 Samuel Felbrick 
 Ebenezer Mudgett 
 
 List of the Taverners and Retailers appointed by the Court from 
 September 4, 1771 to January, 1772. 
 David Currier, Goffstown ; Moses Johnson, Nottingham-west ; 
 Robert Nesmith, Merrimack; Nathan Kindle, Amherst ; Jeremiah 
 Towle, Hopkinton ; John Swan, Peterborough; Win. Hunt, Dun- 
 stable ; Elias Elliot, Mason ; Widow Elizabeth Powers, Mason ; 
 Simeon Fletcher, Ipswich. 
 
 Retailers— Solomon Kitteredge, Amherst ; James Goodhue, 
 Hollis ; James Campble, Raby. 
 
 January Term, 1772. 
 
 Present Lutwytche, Hobarfc, Thornton, Shepard, jr., Blodgett, 
 Kidder, Jerli. & Benj, Page, Holland, Gone, Wm. Clark. 
 
 Adjourned to half past 2 at meeting house. 
 
 Met and adjourned to 11 to-morrow, Friday, 10th. 
 
 Thomas Drury, Temple ; Abijah Allen Mason; Retailers. 
 
 Samuel Wason found guilty, fined £6 and costs £11 : 19: 6. 
 
 Adjd. to 3 o'clock. Adj'd. to 9 to-morrow morning. Adjd. to 
 last Wednesday in January. 
 
 Met according to adjournment. Present, Goffe, Lutwyche, Ho- 
 bart, Shepard, jr., Hale, Blodgett, Clark, Jerh. Page, James Un- 
 derwood, Robert Fletcher, Stephen Holland, Matthew Patten and 
 Moses Nichols. 
 
 Hopkinton prayed to be excused from paying County tax, as a 
 part of that town was claimed by Rockingham, and question was 
 before the General Court. Granted. 
 
46 FIRST HILLSBOROUGH COURTS. 
 
 Adjourned to nine o'clock to-morrow morning. 
 Met accordingly. Same present. 
 
 The Court after mature deliberation Ordered, "That the Prison 
 for this County be set on a piece of land that Jonathan Smith of 
 Amhersi , Innholder, has given to the County for that purpose, lay- 
 ing Northerly and nearly adjoining said Smith's dwelling house 
 in said Amherst, as by his deed will appear." 
 
 Adjourned to three o'clock this afternoon. Met accordingly. 
 
 Voted that no person be licensed to keep a Tavern or retail un- 
 til they have obtained the approbation of the Selectmen of the 
 town where they live, or the major part of them, unless it should 
 happen that the Selectmen should unreasonably withhold such ap- 
 probation, in which case, it being made to appear, the Court may 
 nevertheless proceed to license such persons. 
 
 Voted that Mi-. Treas r - Hobart pay the Justices their legal fees. 
 
 Adjourned to 9 to-morrow. Met accordingly. Present same. 
 
 Following Rules adopted : 
 
 1. No person to speak without leave of the President. 
 
 2. All remarks to be addressed to the President. 
 
 3. All to stand when speaking. 
 
 4. JNo one to speak twice till all have had chance. 
 Adjourned to 19th day of Feb'y. 
 
 Feb'y. 19th, met. Present. Goffe, Lutwyche, Thornton, Hale, 
 Hobart, Shepard, Blodgett, Clark, Patten, Underwood, Nichols, 
 Holland. 
 
 Voted that an account exhibited by Sam'!. Hobart. John Shep- 
 ard, jr. and Benjamin Whiting, Esq. for Repairing a Gaol at Capt. 
 Reide's in A mherst. be allowed £30 : 3 : 4. 
 
 Adjourned to 9 to-morrow. Met accordingly • 
 
 Robert Read's Account for boarding Jonas Stapleton 8 weeks, 
 and locking and unlocking gaol for said Stapleton, in all £2: 3_:S, 
 allowed and paid. 
 
 Voted that John Goffe and Moses Nichols, Esq. be joined to the 
 Committee appointed for Building a Prison. 
 
 Voted that the Gaol be 26. feet wide and 34 feet long ; that the 
 rooms for the prisoners be 11 feet square ; the entry 7 feet wide. 
 The Gaoler's rooms be 14 feet long — 2 story high, 17 feet post. — 
 The cellar to be under all the Gaoler's end except what the chim- 
 ney takes up. That there be a fence around the Gaol S feet high 
 well spiked, and 10 feet from the Gaol- The posts, cills and plates 
 of the Gaol shall be of white oak, the rest of the timber to be of 
 chestnut. The Court re-affirmed its former decision on location.. 
 
FIRST HILLSBOROUGH COURTS. 47 
 
 The Committee to build the Gaol is to divide the work into lots, 
 and upon duly advertising it, to receive the proposals, and accept 
 of the lowest. After the Gaol is built it is expected that the com- 
 mittee produce the several persons accounts sworn to and satisfy 
 the Court that they have got it built as cheap as possible. 
 
 Retailers licensed January T,, 1772 — Samuel Atkinson. Boscaw- 
 en ; David Alexander, New Boston ; Timo. Smith, Nottingham- 
 west ; Silas Barnes, Henuiker ; Matt. Pettingill, Salisbury; Joseph 
 Wilkins, Henniker. 
 
 Taverners -Thos. Drury, Temple; Abijah Allen, Mason; Sam- 
 uel Gregsr, Peterborough ; Silas Barber, Henniker; liobert Clark, 
 Derryfield, Feb. 20. 
 
 April Session, 1772.' Present, Goffe, Thornton, Page, Fuller, 
 Hobart, Shepard, Blodgett, Patten, Nichols, Holland. 
 
 Name's of Grand and Petit Jurors given. Adjour'd. to 3. p. m. 
 
 Met accordingly. Adj'd to to-morrow morning. Then to 3. 
 
 Met. Vf.ted and ordered that the Committee to build the Oaol 
 proceed to finish it in such manner & form as they see fit — & draw 
 on the TV. from time to time for that purpose. 
 
 John Thorn failed to answer to the King. K»c. forfeited. 
 
 January Skssion, 1772. Present, Goffe, Thornton. Shepard, 
 Blodgett, Kidder, Wiseman Clagget, Fuller, Samuel Weiitworth, 
 James Underwood, Nichols, Hobart, Holland, Lutwyche. 
 
 Adjourned to three o'clock. Then till to-morrow. Met. 
 Joseph Kelley, apt. v. James Bkkiutt,& wike, npee. 
 
 Jury returned apt. is guilty according to complaint. Sentence, 
 10s. and costs 4s. and recognize £20 to keep the peace. Fine paid 
 and rec. furnished. Adjd. to Saturday 8 o'clock. 
 
 Met. Voted that £200 be raised for defraying the charge of the 
 County in building the Prison, &c. and that precepts be issued for 
 its collection to the towns. 
 
 Alexander Grimes, tavemer, Amherst. 
 
 Paul Dudley Sargent, retailer, 
 
 October Session, 1772. Present, Goffe, Thornton, Hobart, 
 Shepard, Blodgett, Clagget, Nichols, Page, Lutwyche, Fuller, Eb- 
 eneze'r Goss, Clark, Thos. Jackman, Holland. Adjd. to to-morrow. 
 
 Met. Petition of Town of Amherst for Road from Col. Lut- 
 wyche's to New Bridge on Souhegan Kiver, and thence as the road 
 now runs to the great road running north & south thro' Amherst. 
 
 Hobart, Clagget & Atherton to lay it out, & report at next adj't. 
 
 Nahum' Baldwin & Paul Dudley Sargent granted leave to keep 
 tavern in Court time only. 
 
48 FIKST HILLSBOROUGH COUKTS. 
 
 Tavernevs in Amherst — Col. John Shepard, Ephraim Hildrtth, 
 Jona. Smith, Hezk. Lovejoy, Capt. Arch. Towne, Capt. Nathan 
 Hutchinson, Amos Flint, Stephen Peabody. 
 
 Retailers in Amherst — Benj. Shepard, Henry Wilkins Ccdman, 
 Paul Dudley Sargent; Nahum Baldwin. 
 
 Upon the petition and representation of B. Whiting, Esq., on 
 file, Ordered by ihe Court the Sheriff hire a guard to guard Gaol 
 and secure the prisoners now in the Gaol, until the New Gaol is 
 completed and accepted and the prisoners removed into it — not 
 exceeding four men. 
 
 Adj'd to 14th inst. Then met, only 5 present. Adjd to Oct. 20. 
 
 Oct. 20. Met. Present. Clagget, Hobart, Nichols, Shepard. 
 
 And having taken into consideration the state of the new gaol 
 in Amherst — and it appearing that the old prison is very insuffi- 
 cient to secure prisoners — it is Ordered by the Court that all pris- 
 oners in future be committed to and confined in the aforesaid New 
 Gaol. And further ordered that an addition be made to said New 
 Gaol at the Gaoler's end, so called, of 18 feet in length, the Light 
 and weighth therefor to be made equal to the New Gaol, and that 
 said addition be erected and finished as soon as may be u by the 
 Committee heretofore appointed for building said gaol. 
 
 Adjourned to Nov. 5th. 
 
 Nov. 5, met. Adjourned to to-morrow. Met, present, Goffe, 
 Shepard, Blodgett, Clagget, Nichols, Holland, Lutwyche, Under- 
 wood, Clark. 
 
 Zaccheus Cutler, taverner, Amherst. 
 
 Voted a stove for the use of the prison. Adjd. to Nov. 20. 
 
 Met accordingly. Sheriff protested against the insufficiency of 
 the Gaol. Ordertd that the Gaol be lathed and plastered, that is 
 the four rooms designed for prisoners. Ordered that the Commit- 
 tee place iron bars in the north lower room of the Prison, within 
 three inches of each other. Adjd. without day. 
 
 January Session, 1773. Present, Hobart, Shepard, Blodgett, 
 Clagget, Nichols, Holland, Kidder, Fuller, Lutwyche, Zac. Cutler. 
 
 The report of the Committtee to lay out Road from Lutwyche's 
 Ferry to Amherst "was accepted, and road in future to bepublick. 
 
 Petition of Joseph Holland for £78 -■ 3 : 2 for Joseph Kelley's 
 escape out of gaol. Com. apt. to act and report what this Court 
 ought to do. 
 
 Apuil Session, 1773. Present, — Goffe, Thornton, Shepard, 
 Blodgett, Nichols, Fletcher, Kidder, Page, Cutler, Clagget, Pat- 
 ten; Hubbard, Hobart, Hale. 
 
 Adjourned to the 10th. 
 
FIRST HILLSBOROUGH COURTS. 49 
 
 Saturday, 10th. Committee on Holland's petition reported 
 they did not care to act in the matter. The matter was adjourn- 
 ed to 2d Tuesday iu June, and <t Committee appointed to consult 
 "some Gentlemen learned in the Law" what the County c,r Court 
 was obliged by law to do. 
 
 June 8th. The petition being considered and argued, the Court 
 allowed it, and ordered that the sum of £78 : 3 : 2 be assessed on 
 the towns, and paid by Dec. 26th. 
 
 Voted that the Gaol Committee cause well to be dug & stoned. 
 
 July Session, 1773. Present, — Goft'e, Thornton, Shep.rd, 
 Hobart, Blodgett, Nichlos, Fletcher. Clagget. Holland, Jackman. 
 
 Sarah Underwood, Merrimack, fined £10 for bastardy. Esther 
 Hildreth same. Adjd to Aug. 17. 
 
 Aug. 17, met. Met, present, Goft'e, Lutwyche, Shepanl, jr., 
 George Jackman, Patten, Kidder, Nichols, Underwood, Fletcher, 
 Doct. (joss, Hobart, Holland, Page, Hale. 
 
 Committee on Gaol ordered to buy two good Locks & window 
 shutters for lower north room. Protest of lien j . Whiting of the 
 insufficiency of Gaol read. 
 
 Ordered by the Court that Joseph Kelley now iu Gaol be kept 
 chained with a certain chain now woduced to the Court by the 
 Sheriff with a lock till further orders. Adjd to Sept. 15. 
 
 Sept. loth. Met. Present, Kidder, Lutwyche, Shepard, Ho- 
 bart Blodgett, Underwood, Patten, Holland. 
 
 Ordered that Col. Goffe, Samuel Hobart and John Shepanl jr., 
 Esq. be a Committee to wait upon the Justices of the Superiour 
 Court for their opinion if Capt. Joseph Kelley now in his Majes- 
 ty's Gaol at Amherst may be further secured with irons, as it is re- 
 ported that Kelley has given out that he intends to break Gaol. 
 
 Adjourned without day. 
 
 October Session, 1773. — Present, Shepard. Blodgett; Nichols, 
 Clagget, Hubbard, Hobart/Thornton, fatten. Js. Scales, Holland 
 Underwood. Adjd to Nov. 4. 
 
 Nov. 4, 1773. — Col. Lutwyche ordered to provide two good and 
 sufficient Steck Locks for the Gaol, and one Pad Lock, to be pnt 
 on the Gaol doors forthwith. Adjd to 5th. 
 
 Nov. 5th. Committee's accounts on Gaol disallowed, and new 
 Committee appointed to examine them. 
 
 Ordered that the fence round the Gaol be made four feet high- 
 er and well spiked, and be set up 20 feet westerly and northerly 
 from said Gaol forthwith. 
 
50 FIRST HILLSBOROUGH COURTS. 
 
 January Session, 1774. Present, Goffe, Lutwyche, Thornton, 
 Hobart, Shepard, Blodgett, Underwood, Jackman, Page, Clagget 
 Clark, Nichols, Cutler, Holland, Dr. Goss. 
 
 Domini Rex v. William Stark. Discharged by or. of Ct. 
 
 Voted, that the Court House be removed from the place where 
 it now stands, on to the County land on the Plain, or such place 
 as shall be fixed by the Court Committee chosen to see it done, 
 as soon as may be, Shepard, Nichols, Cutler. 
 
 Voted, that there he two Attoruies, learned in the Law, as a 
 Standing Council for the County in the present exigencies. 
 
 Chose Samuel Livermore and Joshua Atherton. 
 
 Voted, that the Committee on the Gaol make such further re- 
 pairs as are needed to prevent communication between strangers 
 and the prisoners.. 
 
 Venires and capias ordered. 
 
 April Session, 1774. — Present, Thornton, Hienard, Blodgett, 
 Patten, Clark, Fletcher, Isaac Andrews, NichoN, Fuller, Cutler. 
 Hale, Sam]. Cummings, Kidder, Lutwyche, Holland, Atherton. 
 
 Adjourned to 9th, same place. 9th, met. Committee on mov- 
 ing. Court House ordered to make such alterations in seats as shall 
 make it convenient for Courts. 
 
 July Session, 1774. Present, Goffe, Thornton. Hobart, Shep- 
 ard, Blodgett, I'atten, Underwood, Cunnnings, Atherton, Hub- 
 bard, Clagget, Cutler, Dr. Fben'r. Ward Goss, Nichols, Metcher. 
 
 Adjourned to Friday, Sth. July 8th met. 
 
 Voted to dispose of Court House, and to erect another on the 
 ground given to the County for that purpose, near the New Meet- 
 ing House in this town. 
 
 Shepard, Atherton, Fletcher —Committee. 
 
 Voted, that said Committee proceed so far in case they can dis- 
 pose of the old Court House to advantage, as to erect and enclose- 
 new one upon some elegant and advantageous plan according to 
 their discretion, as soon as may bo, and to draw money out of the 
 Treasury for that purpose. 
 
 Voted £200 raised for County expenses. Venires and capias or- 
 dered as usual. Adjourned without day. 
 
 October Session, 1774. — Present, Shepard, Nichols, Atherton. 
 Shepard appointed Clerk pro tern. Adjd. to last Tuesday Oct. 
 
 Met. Present, Goffe, Hale, Shepard, jr., Kidder, Page, Nichols 
 Fletcher, Fuller. 
 
 Adjourned to Nov. Sth. 
 
FIRST HILLSBOROUGH COURTS. 51 
 
 Nov. 8th. Met. Present,. Goffe, Lutwyche, Hale, Hobart, 
 Shepard, jr., Nichols, Page, Clark, Cutler, Cummings. 
 
 Delegates petition received & filed. Petition of delegates sent 
 to Gov. Wentworth to remit fines of Joseph Kelley. 
 
 Ordered, that Stephen Holland, Esq., Clerk of this Court, be 
 notified by the Clerk pro tern, that it is the desire of this Court 
 that he immediately remove into the shire town if determined to 
 hold his said office. Adjourned till to-morrow. 
 
 Met. — Ordered Committee for Building Court House on Com- 
 mon proceed no further at present. 
 
 Order issued for Treasurer to pay Sheriff Whiting residne of bill 
 of case Holland vs. Kelley, after collection of subscription money 
 and relinquishment of the. £L-t charged for the posse cnmmitntus 
 and the £5 which he has generously given up is deducted. 
 
 Ordered Prison Keeper lay account of prison charges of Capt. 
 Joseph Kelley berore the Court at the next adj't., and Treasurer 
 be directed to pay gaoler what is allowed him as soon as may be. 
 
 Jona. Eund. Win. Lampson, Maj. Robt. Read, Amherst, Tav 
 timers; Robi. Means in publick times. 
 
 Robert Means, Samuel McKean, Retailers. Adjd. to Dec. 1. 
 
 Dec. 1, met. Present Goffe, Thornton, Hobart, Shepard, Page 
 Blodgett, Clagget, Atherton, Nichols, Fuller, Col. Hale, Major 
 Heald, James Scales, Holland, Fletcher, Kidder, Cummings, John 
 Quigley, Cutler. 
 
 The vote to build a New Court House was revoked. 
 
 On motion of the Sheriff setting forth that the locks and hinges 
 of the gaol doors are broken and out of repair, and a large hole 
 cut through the floor in the north room, and many of the said 
 dours broken, and all of the prisoners have lately made their es- 
 cape out of said prison — Ordered that John Shepard and Moses 
 Nichols, Esq. be a Committee to repair the same in the strongest 
 and best manner as soon as may be. 
 
 January Session, 1775. The Honbl's. present, Goffe, Ho- 
 bart, Thornton, Blodgett, Jack man, Clagget, Holland, Quigley, 
 Fuller, Page, Eph. Heald, Shepard, Atherton. 
 
 April Session, 1775. — Present. Hoffe, Thornton, Shepard, jr. 
 Blodgett, Patten, Cummings, Quigley, Clagget, Atherton, Lut 
 wyche, Underwood, Fletcher, Nichols. 
 
 Allowance to Samuel dimming for boarding prisonerss. 
 
FIRST HILLSBOROUGH COURTS. 
 
 Anno Regni Regis Georgii Tertii. 
 
 July Session. 1775. — Justices present;, John Shepard, jr., Mo- 
 ses Nichols, Esqs. 
 
 Grand Jurormen present, William Bradford, Samuel' Robey, 
 William McQuistiu. 
 
 At his Majest3''s Court of General Sessions of the Peace, held 
 at Amherst, in and for the County of Hillsborough and Province 
 of New-Hampshire, on the first' Thursday next followingthe first 
 Tuesday in July, 1775, said Court elected Moses Nichols, Esq. 
 Clerk, pro tern., and adjourned said Court of General Sessions of 
 the Peace to the first Thursday next following the first Tuesday of 
 October next. Moses Nichols, Clerk pro tern. 
 
 This last record is on a half sheet of crown foolscap. Two 
 members present. Shepard, jr. presides, Moses Nichols, Esq. is. 
 unanimously elected Clerk poo tern, and by order adj'ns. the Court 1 
 Thus ends His Majesty's Court of General Sessions of the Peace. 
 
 No other record of a Court of General Sessions appears until 
 
 July Session. 1777,— Present, John Goffe, Matthew Patten, 
 Moses Nichols, Noah Worcester, Nahuin Baldwin. 
 
 Grand Jurors, James Seaton, John McGlaughlin. 
 
 Nahuin Baldwin was chosen Clerk, pro tern. Zach. Chandler 
 was licensed ta vomer in Bedford. Adjd. to last Tuesday in Aug. 
 
 August 25, 1777. — Present, Goffe, Jona. Loveweil, Underwood. 
 Jerh. Page, Timothy Farrar, Jona. Blanchard, Noah Worcester, 
 Francis Blood. Nahum Baldwin, Jacob Abbot i 
 
 One retailer licensed, only business recorded. 
 
 October Session, 1777.— Present Goffe, Loveweil, Underwood 
 Jerh. Page, Moses Little, Baldwin, Jackman, Nichols, Worcester, 
 Clagget. 
 
 Col. Baldwin added to former Committee for taking care of the- 
 Gaol, and that he be desired to' repair and keep in good order the- 
 C'ourt House. 
 
 Loveweil, Underwood, Farrar, Fletcher Worcester, Committee 
 to settle with former County Treasurer. 
 
 Darius Abbot, Jona. Smith, Hezk. Lovejoy, Amherst, Tav'rs. 
 
 Adjourned to Nov. 11. Met, 3 present, no business. 
 
 Januaky Session, 1772, Lovewel), Underwood, Farrar, Page 
 ,'osh. Barley, Little, Blood. Baldwin, Worcester, Clagget, Nichols. 
 
FIKST HILLSBOROUGH COURTS; 53 
 
 April Session, 1778. — Present, Goffe, Lovewell, Underwood, 
 Jerh. Page, Farrar, Clagget, Worcester, Nichols, Baldwin, Little, 
 Asa Davis, John Duncan. 
 
 Committee appointed to count votes for County Officers. 
 
 Zaeh. Lawrence, of Hollis, came into Court and complained of 
 himself for selling spirituous liquors without license. The Court 
 ordered that he pay £3 : 8 : 7 : 8 as fine, with which he complied. 
 
 Committee chosen to "make a lift" of dues to Justices for at- 
 tendance on the Sessions from April 1774 to April 15, 1775 — for 
 the Grand Jurors also — and to settle all County accounts. 
 
 July Session, 1778. — Present, Goffe, Lovewell, Underwood, 
 Page, Clagget, Patten, Blood, Little, Baldwin, Abbot 
 Ruth Blood, Mason, paid fine 12s for bastardy. 
 Voted Moses Kelley, Sheriff, 4s day for past & future services. 
 
 October Session, 1778. — Goffe, Lovewell, Underwood, Page, 
 Farrar, Worcester, Little, Blood, Nichols, Clagget, Baldwin, 
 Timothy Gipson. 
 
 Joshua Burnam, Hezekiah Lovejoy, Amherst, Taverners. 
 
 Robert Means, Jona. Smith. 
 
 The Couvt Ordered that Joshua Atherton pay the fine as the law 
 directs for his not attending his duty as Grand Juror the year past. 
 
 January Session, 1779. — Goffe, Lovewell, Page, Farrar, Un- 
 derwood, Little, Blood, Worcester, Clagget, Baldwin, Abbot. 
 Gipson, Nichols, John Duncan, Blanchard, Isaac Andrus, Patten 
 Asa Davis. 
 
 Jan. 9. — Ordered, that the Gaol and Court House Committee 
 prepare the large chamber in the Gaol house and make it as con- 
 venient as they can for the Courts in this County to be held in. 
 
 April Session. 1779. — Justices present, Goffe, Nichols, Love- 
 well, Underwood, Baldwin, Blood. Worcester, Little, Clagget, Asa 
 Davis, Wm. Smith, Patten. 
 
 Voted, that Jacob Abbot, Esq. Capt. Nathan Hutchinson and 
 Joua. Martin be a Committee to build a Bridge over Souhegan 
 River in the Mile Slip, so called, in this County, according to their 
 own discretion, so as to comply with the Act of the General As- 
 sembly of April 1, 1779. 
 
 Voted that all women complained of for Bastardy hereafter be 
 required to appear in Court and pay the fine. 
 
 July Session, 1779. — Com. chosen to ex Mile Slip bridge ac't. 
 
 Oct. Session, 1779— Moses Little, Esq. came into Court and 
 says he will not contend with the Gov't. & People, paid fine 25s. 
 and costs £11 :3. 
 
Cornell University Library 
 F 42.H6B79 
 
 Historical sketch of the Hillsborough Co 
 
 3 1924 009 233 846