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DOCUMENTS AND EECORDS
EELATINQ TO THE
PEOVINCE OF NEW-HAMPSHIEE,
FROM 1722 TO 1737:
Containing important Records and Papers, pertaining to the Settlement of the Boundary Lines between New-Hampshire and Massachusetts.
PUBLISHED BY AUTHORITY OF THE LEGISLATUEE OF NEW-HAMPSHIRE.
VOLUME IV.
COMPILED AND EDITED BY
NATHANIEL BOUTON". D. D.
Corresponding Secretary of the New-Hampshire Historical Society.
MANCHESTER: JOHN B. CLARKE, STATE PRINTER
1870.
NOTICE.
Joint Resolution, passed by tlie Legislature of New- Hampshire.
Resolved hj the Senate and House of Representatives, in General Court convened. That his Excellency the Governor be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated, to collect, arrange, transcribe and super- intend the publication of such portions of the early State and Provincial Records, and other State Papers of New-Hampshire, as the Governor may deem proper ; and that eight hundred copies of each volume of the same be printed by the State Printer and distributed as follows : namely, one copy to each City and Town in the State, one copy to such of the Public Libraries of this State as the Governor may designate, two hundred copies to the New-Hampshire Historical Society, and the remainder placed in the custody of the State Librarian, who is hereby authorized to exchange the same for similar publica- tions issued by other States.
Approved July 6, 1866.
EDITOR'S PREFACE.
This fourth volume of Provincial Papers embraces the latter part of the Administration of his Honor Jonx Wext^vorth, Lt. Governor and Commander-in-Chief, in the absence of Gov- ernor Samuel Shute ; the brief period of Governor William Burnet's administration, 1729, and that of Governor Jona- than Belcher, from 1730 to October 1737. TJie volume is of special and permanent value as containing all the proceedings of the Governor, Council and General Assembly of the Prov- ince, and all official documents and papers found in the Secre- tary's office, relating to the long controversy between New- Hampshire and Massachusetts, in respect of the boundary lines between the two Provinces. The correspondence, also, between Governor Belcher and Secretary Eichard Waldron and others, and also that between John Thoralinson, Esq., agent for the Province, in England, and Theodore Atkinson, Esq., and others, of New-Hampshire, will be found to be of great interest and value.
In copying and preparing these Papers for the press, the editor has adhered to the rules at first adopted : viz., to preserve the exact words and orthography, capitals and abbreviations of the papers transcribed ; even the punctuation has for the most part been left untouched. Where names of persons in office very often occur, it is denoted by passim^ and not always noted in the Index.
iv editor's peepace.
The fifth volume of Provincial Papers will complete the record of Governor Belcher's administration and the corre- spondence relating to the boundary lines, between John Thom- linson, Esq., and Mr. Secretary Atkinson. Also, additional letters from Gov. Belcher to Secretary Richard Waldron ; but the greater interest and value of the volume will consist in the full record it will contain of the part that New-Hampshire took in the expedition against Louisbourg, 1745, under the adminis- tration of Gov. Benning Wentwokth.
Concord, December, 1870.
GENERAL CONTENTS.
VOLUME IV.
Lt. Governor Jonx Wentworth. pages.
Records of Council, 1-22
Notice of Archibald McPbreclris, Esq., . . . 1, 2
« « Hon. John Frost, 4
« « " Thomas Packer, .... 5
« " " Jotham Odiorne, ... 8
" " " Samuel Penhallow, ... 18
Form of Oaths, 10, 20
Journal of the General Assembly, .... 23-308
Letter to Henry Newman, Esq., .... 30
Speeches of Lt. Gov. Wcntworth, . 46, 54, 60, 80, 87, 106
127, 148, 163, 187, 205, 240, 261, 2S0, 295
Answer to the Lt. Gov" Speeches, 49, 62, 82, 90, 129, 156
173, 197, 213, 264, 290, 296 Block-house at "Winnipishoky Pond, . . .56, 58 Address to his Majesty, ..... 8o
Henry Newman's Letter to Committee, . . . 146 Rev. Hugh Adams, of Durham, . . • 171, 412
Submission of Eastern Indians, &c., 1725, . 188-190
Notice of Hon. Peter Coffin's death, • • 209
Henry Newman's Letter to Lt. Gov. Wentworth, . 225 Treaty with the Indians at Casco, 1727, . . 254-258
Vi GENERAL CONTENTS.
PAGES.
Journal of the House of Representatives, . 308-502
Names of Representatives, .... 326, 484
Letter from Gov' Samuel Shute, .... 322
Bridge over Lamprey river, .... 374
Stores belonging to Fort Wm. and Mary, . . 448
Speech of Lt. Gov' Wentwortli, . . . 458, 464
Triennial Assembly, ...... 469
Complaint against the Court of Chancery, . 479
Choice of Speaker, refused, ..... 486
Proportion, for Town taxes, .... 499
List of Tax-payers in New-Castle, 1728, . . 503
Administration of Gov' William Burnet, 1729, 504
Journal of the House — continued, .... 504-533
Salary of Gov' Burnet, 513
Death of Gov' Burnet, 528, 555
Answers to Queries sent by Lords of Trade, &c., 532, 533
Journal of the Council and Assembly, 1729, mider
Gov' Burnet's administration. . . . 534-558
Speech by the Governor, 534
Instruction 30*^ to the Governor, . . . 535 Madam Vaughan's Letter to Gov' and Council, . 538
Message from the Governor, .... 539
Instruction 24* to the Governor, .... 541
Administration of Gov' Jonathan Belcher, 1730, 559-832 Notice of Gov' Belcher, 561
Journal of the House, 1730-1737, . . . 560-756
Governor's Speeches and Meassges, 562, 566, 573, 579, 589
601, 607, 615, 623, 630, 644, 647, 662, 666
673, 679, 685, 697, 711, 716, 734, 743, 762
Answers to Gov'^ Speeches, 564, 576, 591, 602, 617, 632, 652
664, 684, 688, 707, 717, 735, 742 Instruction 32'' to the Governor, .... 561, 567 Instruction 77"' to the Governor, . . . 568
Names of Members of the House, . . 572, 628, 646, 671 Boundary lines between Mass. and N. Hamp., . 573-756 Address to his Majesty, 1730, .... 584, 613
GENERAL CONTENTS.
TU
JouEXAL OF THE HousE — contiiuiecl.
An Act appointing Commissioners to settle Bound
aries, ..'......
Death of Hon. Richard "VValdvon, Sen.,
Death of Lt. Gov'' John "Wentworth,
Objections to the Massa. Act about the lines,
Quakers, Act exempting, &c.,
Notice of David Dunbar, Esq., Commission of Lt
Governor, ...... 599,
Address to his Grace, the Duke of Xcw Castle, Capt. John Rindge — notice of, . Governor's order about £15,000 loan. Remarks on representation of Lords of Trade, &c. Capt. Joshua Pierce's letter to Gov'^ Belcher, Gov' Belcher's Answer to s'^ letter, Addresses of the House to the Governor, Message from the Council to the House, Queries of Lt. Gov. Dunbar to the Council, Letter of Gov"" Belcher about boundaries, Queen's Chapel, Portsmouth, 1734, . Communication of Gov. Belcher to the Council, Letter from Hon. John Sharpe to Gov'' Belcher, Letter of Gov' Belcher to Lt. Gov' Dunbar, . John Thomlinsou, Esq., Agent for the Province,
Riot at Exeter,
Return of members disallowed by Governor, . Act for Supply of the Treasury, . Letter from Wm. Packer, jun., to Sec^ Waldron, Burning of Sec^ Waldron's house, 1736, .
Chester Petition,
Lt. Gov. Dunbar and Gov' Belcher, . Plan or Draught of Merrimack river, . Benjamin Rolfe, Esq., notice of, ...
Determination of Commissioners on the boundary
lines, objections to, ..... .
Journal of the General Assembly, 1730-1737, . Notice of Secretary Waldron, Jun.,
585 587 587 590 597
500, 7.S0 610 612 624
624-628 629 629
636, 641 643 645 648 650 665 609 670 677 678 683
693, 722 698 713 727 730 738 742
745
757-832 767
viii GENERAL CONTENTS.
PAGES.
JouiiNAL OF THE Geneeal Assemblt — contiiiued.
Col. John Plaisted — notice of, . . . . 775
Bemiing Wentworth and Theodore Atkinson de- cline admission to the Council, .... 794, 802 Order in relation to marriages, .... 832
TiiOMLixsoN CoRRESPOisrDENeE, .... 833-865
Belcher Correspondence, 8G6~880
[See Index at the end.]
Erratum. On page 887, in a note by the Editor, "November 17* 1738," shoukrbe October 20, 1737; and "1724-1748," should be 1724-43.
NEW HAMPSHIRE PROVINCIAL PAPERS
VOLUME IV.
[note by the editor.] [The "Records of Council" which follow from June 21, 1722, to November 2, 1728, were copied from a MS. volume in the Secretary's office, labelled "Commissioners, &c., Council & Assembly Records, 1680 to 1740, Imperfect." The reader will perceive that these " Records " are exceedingly meagre and imperfect ; but they are the only " Records of Council " that can be found relating to the above-named period, or until April .5, 1742. Prob- ably a portion of the Records of Council were destroyed by a fire which con- sumed Secretary Waldron's house in 1736.* But though thus imperfect, it will be found, that these Records contain some matters of great historical interest and value. Pages in the margin correspond with those in the MS. record.!
[p. I.] Pro. N. Hami^. At a Council, June 21, 1722.
Pi'esent,
Lt, Gov' Mark H unking, Thos. Packer, Arcli. 3IcPlieadris(l).
* See notice of the fire under data May 21st, 1736, in tlie " Journal of the House." (1) Archibald MacPheadris, Esq., is among the tax-payers in Portsmouth in 1727. He built a splendid mansion at Portsmouth in 1718-1723, which cost :K6000, and is still Standing, at the corner of Daniel and Chapel streets, now known as the Warner house. This house is provided with a lightning-rod which was put up in 17G2, under the personal inspection of Dr. Benjamin Franklin, and was probably the first put up in New Hampshire. Captain MacPheadris was a native of Scotland, an opulent mer- chant, and was a leading projector of the first iron-works in America. He was at the head of a small company which commenced the manufacture of iron from the ore at Lamprey river. In 1719 the General Court of Massachusetts granted to the Company a slip of land two miles wide, at the head of Dover line. This land waa to furnish
2 PROVIN-CE OF NEW-HAMPSHIRE. [1"22
His Hon'- laid before tlie Board a Cliarter for Lond° Derry, signed by the Gov"', -wliicli Avas read and tlie question put whether tlio Clerk should oountersig-n and seal it, w"^'' was resolved in the alfinnative. The Cler. x)reseiited y" report of Col° Davis & Capt. Gcrrish ab' y« road to Winnipishoky pond, to y"^ board, vsiiiah his Hon"" took to himself.
Prov. of N. IIanlp^
At a Council at Portsm° June 27, 1722. Present Lt. Gov' Sam' PenhalloAV, i Thos. Packer, j)
Mark Iluiiking, > Esqs. Arch*^ McPheadris, > Esqs.
Geo. .lalirey, ) Kich'' AVibird, )
His Hon'' the Lt. Gov"' laid before the Board a letter from Mr. Secretary "Wllliard, dated June 20, 1722, directing him in the Govei"** name to cause 30 men to be imprest in this Prov : to joyu y* Eastern recruits; and another [p. 2.] letter from his Excel- lency, dated the next day to Inforce it ; and he likewise informed the Board he had ordered the impressing j" 30 men according to s"^ order, whom he expected to appear forthwith ; and thereupon prox)osed that the Treasurer should subsist them for the present, & that y^ clerk forthw*"^ issue out summonses to the several mem- bers of the House of represent' to meet in Gen^ Assem. to morrow at 3 o'clock p. M., which was resolved, nemine contradicente.
Prov. of N. ITamp^
At a Council at Portsm° July 3d, 1722.
Present :
Lt. Gov. "Wentworth,
Sam' Penhallow, t. ■, ■
/ . , ^ T. ,«>■„,„, ' Jiunking,
Itco. Jailrev, -,,,., . . "'
Arch<i i\Ia(;Pheadris, ^^ ^'"^■^••
AYhereas his Hon"" the Lieut. Gov'' and this Board are credibly informed that there is now and hath been for 48 houres last past a pirate sloop lying near the Isles of Shoales to the Eastward
fuol f<ir the iron-works, and a location for settling the foreign operatives. Captain M)icPhca<lris niarrieil Miss Sarah Went worth, one of the sixteen children of Lt. Gov- triiiir John Wentworth. They had but one daughter, Mary, who married, in 1754, lion. .Iiiiialhan Warner. Capt. MacPheadris died in 1729. His widow married Hon. Guorge Jaffroy.— .SVe llainblei about Portsmouth, p. 13S.
1722.] RECOEDS OF COUNCIL. 3
thereof, which may w"^ the greatest probability destroy all vessels as well provision vessels as the fishery and all others upon the coast, if proper measures do not prevent: It is therefore in Council concluded and resolved. That a suitable vessel be forth- w"' provided for pursuing the said jiirate, and for the encourngm' of all such as shall enlist themselves on board the said vessel to pursue the s** pirate, each person so enlisting [p. 3.] shall receive in hand 20s. cash for 4 days, and for any longer time they shall be absent, further reasonable wages, and that they shall be en- titulod to the King's bounty, which is £10 prhead, and the vessel w"^ all api)arell, & w"* all cargoe in case of caption.
Pro. N. Ilamp"".
At a Council, July 14, 1722. Lt. Gov Sam'i Penhallow Shad. Walton
Mark Hunking Ilich'' Wibird
Geo. Jatirey Tho. Packer.
The Lt. Gov' laid a complaint w'^'^ he had received from J. Odiorne, Esq., ag*' Col. Walton: Ordered to be heard the first Tuesday in Aug' next. Ordered, The Lt. Gov' be reimburst out of y*^ treasury £7 : 15: 6, for his expenses in settling Garrisons in y* frontiers. Ordered, Mr. Phipps & Mr. JafFrey agree upon the bill of cost of Amory vs. Winkley.
Ordered, That the postmaster be paid S"*^ out of the treasury for publick letters to and from this Goverm' to this day.
Pro. N. Ilamp'.
At a Council, July 20">, 1722. Present : Lt. Gov' Sam' Penhallow Geo. JalTrey
Rich'i Wibird Tho« Packer.
The Lt. Gov' laid before the Board an ace' of Robinson,
am" to 30 lbs. 17 : 2, for work at y" Fort. Ordered that a warr' be issued out to the Treasurer for 20 lbs. payable to s'^ Robinson in pai't, and that the acct. be laid before the [p. -4.] Gen' Asseni. at their next sessions allowance.
Resolved, That whereas there was 2 act' entered by Amory & Winkley at y*^ Court of Appeals, at y" last term, and Judgm' en- tered onely on one, that y*^ bill of cost to be taxed now be ouely the costs in that case.
4 PROVINCE OF NEW-HAMPSHIRE. [1723.
Pro. N. ILalnp^
At a Council at Poi-tsm° Jan^ 9"', 1722-3.
Present :
Lt. Gov'
nir 1 TT 1- -17 ^ Geo. Jaffrev ? Von,c
Mark Hunkmg, Esq. j^-^j^^ ^ibird, \ ^''l^'
His Hon'' the Lieut. Gov'' laid before the Board a letter directed to him, bearing date y" 27"' X^% 1722, from his Excellency GoV Shute, imi^ortiug that there is a great deal of difficulty and delay in the affairs of y^ Goverm' for want of a sufficient number to fill up his Majestys Council, and therefore that he had recommended Jno. Frost, (1) Esq., for one, till such time as they are filled up from home; which letter being read, the said Jno. Frost, Esq., was sent for to the Board, to whom was administered y"^ oaths, instead of y'= oaths of allegiance and supremacy, and the abjura- tion oath, and y" oath of a Councilloi-, and y" by \° [p. 5.] advice of y* Council took his place at y Board accordingly.
In Council, May 21^', 1723. Voted, That Mark Hanking and Rich'^ Wibird be of the Com- mittee from the Board to joyn w* so many of the House of Rep- resentatives to examine the claims and Demands and audit the accounts of all persons to be laid before the Gen^ Assem. at this Sessions, and that they make their report as soon as conveniency
will permit.
Rich'* Waldron, Cler. Con.
(1) lion. John Fkost was of New Castle. He was a native of Kittery, Me., born iu 1G81, and was the son of Major Charles Frost, who was slain by the Indians on the Sabbath, July 4th, IfiOT, as he was returning from meeting, and grandson of Nicholas Frost, an emigrant from England, born at Tiverton, about the jear 1589, and settled at Sturgeon Creek, iu Eliot, lB36, where he died in 1663. This grandson, Hon. John Frost, in 1702 married Mary Pejiperill, sister of Sir William, the baronet. Estab- lished at New Castle, he .soon rose to eminence. He wag a member of his Majesty's Council, at one time commanded a British ship-of-war, .afterwards pursued the pro- fession of a merchant, and was much distinguished and highly useful in civil life. His place of residence was on an eminence, westerly of the Prescott mansion (since the Almshouse), commanding a view of the spacious harbor, the river and its table- lands, with the lofty Agamenticus in the distance. His family was numerous and highly respectable. He die 1 February 25, 1732, aged tifty-one years. — See liamblea about Portsmouth, ;). 8G, and Farm. Belk., p. 411.
1723.] RECORDS OF COUiNCIL. 5
[p. 6.] Pro. N. IIanlp^
Council, Jime 26, 1723. Lt. Gov' Mark Iluiikiiig, ^ Ricli'^ Wibird, ^
Geo. JaflVey, > Esqs. Packer, > Esqs.
Shad. AYalton, ) Jiio. Frost, )
Rob' Armstrong, Esq., presented a Memorial to y"^ Board und' his hand, setting forth that he had been f.ilsely represented to the jjQubie ye Lords of y* Treasuiy, and therefore praying that his character might be cerifyed by the Honourable Board, &c., as pr y« Memorial at large, on tile. "Whereupon, It was resolved to give the s<^ Armstrong y'^ following certiticate (namely), That during our acquaintance av"^ the s"^ Kob' Armstrong, Esq., y« IMe- morialist, and his abode in this Province, he has behaved himself as a loyal subject and faithfull officer, and in no way inclined toy" Pretender, nor any of his adherents, by anything that has ever occurred to our knowledge. By order of y« Lt. Gov"' & Coun.
R. Waldron, Cler. Con. Col. Huuking presented to the Board a return of Stratham south-east bounds, signed by himself and James Jaffry ; the same was ordered to be filed w"* y® Report of y* committee appointed to settle all y« town bounds in y*' Province.
[p. 7.] Pro. N. Hamp^
At a Council at Portsmouth, July 22^, 1723. Present Lt. Gov"", Mark Hunking, \ ^ Rich-i Wibird, } -p
Shad. Walton, S ^ Tho' Packer, (1) \ ^^^^'
The Committee appointed by y° Gen' Assem. the first day of June, 1723, to survey Lampry River and report y** most commo-
(1) Thomas Packer, whose name appears here for the last time as a member of his Majesty's Council, was a physician — " One of the earliest surgeons of Portsmouth who liad been regularly bred to the profession. He was born in London. He came to this country a young man, resided a short time in Salem, and then removed to Ports- mouth. There being no physician here at that time of much repute, he united the prac- tice of physic with that of surgery, and attained some eminence in both. JIo held the office of Judge of the Court of Common Pleas, Lieutenant-Colonel in the Militia, and Judge of Probate for the Province, for many years. As Judge of the Court of Com- mon Pleas, he was superseded in 1095; and from the other two offices, was dismissed by the President and Council the beginning of the year 1697. He was appointed Councillor in 1719, which office he held till his death." [Farmer puts his death ii; 1723.— Ed.] Adams' Ann. of Ports., p. 154.
6 PROVINCE OP NEW-HAMPSHIRE. [1723.
dious place for Iniikling- a bridge across s<^ river, this day made their Report to the Board as follows :
Committees Report. Ordered, That the Clerk serve the selectmen of Dover w^'^ two copys of y^ said report, and direct them to serve the selectmen of Exeter with one of the s"^ copys, and withal to Ictt the s*^ select- men of Dover know that his Honour the Lieut. Gov"' and Council expect that a suitable bridge be built assoon as possible at the place mentioned in y'' s"* Report, w"""^ they have accepted, and that they comnmnicate the same to the s"^ selectmen of Exeter, in order to that town's bearing their i^roportionable part of the charge of said bridge, as to right and justice doth appertain.
Rich'i Waldron, Cler. Con.
Pro. N. IIamp^
At a Council, Jan. 22, 1723-4. Col. Plaisted and Capt. Frost appointed Justices of Peace, and sworn and ordered to be inserted in the Commission of the Peace accordingly.
Pro: N. ^amp^
At a Coun' Feb. 2'2^, 1723-4. [p. 8.] Present,
Lt. Gov', Sam^ Penhallow Geo. JafTrev ) ^
:\Iark Ilunking Rich'i AVibinl \ ^^'l^*
His lion'' presented a Comniission to Sam^ PenhaHow, Esq., to be Treasu'' of this Province, and acquainted him that he had ordered y'= Clerk to prepare a bond for him to sign w"" two sure- ties for his fidelity in y'' office, &c.
Feb: 24. ¥••' bond signed pr Mr. Penhallow, Rich'i AYibird, Esq., and I5enj. Gambling,(l) Esq., as on file.
At a Council, July — , .
[p. 9.] Present,
Lt. Gov.
^Ii'- . ^Ii". JalVrey, Mr, McPheadris.
Ordenul, That y"' Treasurer provide necessary for 40 men to be detached for a cruice after y*^^ Eastern Iiul'".
(nncnjamin Ganiblcn (or Gambling^, Esq., was a gentleman of propertv in Forts- moutli.
1724.] RECORDS OF COUNCIL. 7
[p. 10.] At a Council, July 15"'. Present, Lt. Gov-^ Sam' Penhallow Geo. JaflVov Shad. Walton Eicli'' Wibird. Capt. Jno. Salter & Tho' Mannery appearing at y" Board by order of his Hon'', and being examined of a late cruise they were imployed in after y« Eastern Iud°' ; upon which there appeared that there Avas just cause to suspect them guilt}' of horrible cow- ardice : wliereupon it was ordered, y' y^ b^ Salter and Mannery appear at y" Council Chamber on y^ 12"^ of Aug''' next, at 10 o'clock A. M., to undei-goe a proper & regular ti-yal by a Court for that end to be appointed, & y'
[p. 11.] Pro: N. IIamp^ At a Council held at Xow Castle, y*
26 July, 1729.
Present, His Honour John AYentworth, Esq. Lieut. Gov"" Sam'. Penhallow ) ci i iTr m.
. MarkHunking <Esqs. f^i'l' w-/-"'!
Geo. Jafirey S ^^'''^' ' ^^'^'''^-
Y« Indian Scooner first discovered unde"" y*^ Eastermost Green Island to y'' Westward of 2funpomecus \_?'\ hast Fry day, between 3 & 4 o'clock P. M. & that Capt. John Salter was then ab' a league & h distant to y<' Eastw<i & to windward withall. & y' y« Depo- nent tack'd his vessel to speak w"" his Consort Salter & came up w"" him, & spoke w"^ him in less than ^ an hour, & then told tliat under yonder Green Island were the Enemy they came to seek for, and asked him if he would go Sc see him ; — to which Capt. Salter reply ed, he would; & upon s'^ Salter's so saying y'' Deponent shot along ahead of him toward y'' Ind" scooner, & Salter follow'd on ; but being at some distance behind, y'^ Deponent asked his men if 5^y were willing to run down upon y® scooner and board y'", and some of his people reply'd, it was best to stay for Salter: then the Deponent wore his shallop i-ound to speak w"' Salter again, & haled him, & desired him to bring too in order to attack the enemj' ; y'' Deponent plainly seeing y*" Ind"' on board y^' scooner, & supposing that Salter did the like; upon which Salter wore also and said that he Avould have y'' Deponent take tlie first fire, & that the Deponent said he was willing & would never leave him. Upon which Salter pray'd y* Deponent not [p. 12] to take the wind from him — that the scooner dogged the sliallops ab' an hour &i.
That when y^ Deponent offered to go if 10 men would stand by him, y^ people generally that were forward said yy Avere not will- ing to fight Av"'out Salter; — & y' he suijposed Hooker & Hoojier were there.
8 PROVINCE OF NEW-HAMPSHIRE. [1724.
John Hooker, sworn. Benj'' Yeaton — Benj'' Libby. That they heard ]\Iannery say, if after Salter was gone, y* if 10 or 11 would but come aft & hold up their hands & stand by him, lie would li<i-ht y"= scooner; yet but they themselves were not willing w"'oiit Salter.
Joseph Cowel : That he was not willing to light w"'out Salter was there.
Wm. Packer: That he heard Maunery say, if 11 men would come aft & hold up their hands to stand by him, he would fight y« Ind"^^ in ye scooner.
Jn° Jones : That he was not willing to light after Salter was gone, but he heard Mannery say something ab* 11 men, but he would not say certainly what.
Immanuel Martin : That he was not willing to fight after Salter was gone, [r. i:5.] Sam' Emery:
Y' he heard Mannery say, if 11 men would stand by him, he would fight j" scoouer, but y' himself was not willing without Salter.
Tho. Barns: That he was not willing to tight after Salter was gone.
Andr''' Barns : Tliat he heard Mannery say, if 11 men would stand by him, he would tack upon y" scooner and fight them; but y' he himself was not willinir.
[p. U.] Bro: N. Hamp^ At a Council at Portsmouth, 7^' 2G"^,
1724. Present — His Hon' John Wentworth, Esq., Lt. Gov' Mark Hunking ^ Geo. JafiVey > Esqs. B. Wibird )
His Honour y^ Lt. Gov' laid before y^ Board a warrant signed George K. & by His Maj"'''' Command, Hollis, New Castle, Dated at Kensington, y^ 9* day of July, 1724, for admitting and swear- ing Arch'' MacPheadris, Esq., to be of y" Council of this Province.
And another for John Frost, Esq., signed as afores*^, and dated y« 10"' day of July, 1724.
And another for Jotham Odiornc, Esq., signed as afores"", & dated y« 11"> of July, 1724.
And the s"^ Arch** MacPheadris, Esq., John Frost, Esq., being sworn before, Jotham Odionie, Esq., (1) was swoi-n & admitted to be of the Council accordingly.
(1) Hon. Jotham Odiorne was, in early life, a resident of Newcastle; but after- wards lived in a house on Market street in Portsmouth, which was burnt iu the great
1725.] RECOEDS OF COUNCIL. 9
[p. 15,] Pro: N. Hamp^ At a Council held at Portsm" Jan.
7"^, 1724-5. Present, His Hon"- the Lt. Gov%
Sami Penhallow ) Shad. Walton )
Mark Hunkiiig V Esqs. liich^' Wibird > Esqs.
Geo, Jalirey ) Jno. Frost )
Arch'^ MacPlieadris, Esq. His Honour the Lt. Gov"" pursuant to y" vote of Gen' Assembly, having appointed Mr. Theo : Atkinson a Commissioner to join y« Commissioners of tlie other Governments upon a ^Message to y^ Gov^ of Canada, and furnishing him for his Journey, Ordered that a Warrant be issued out for y'^ Paym' of 130£ out of y« Treas- ury.
[P. 17.]
To the Honourable John Wentworth, Esq. Lieut, Govern'' and Commander-in-Chief in and over his INIajesties Province of New Hamp% and to the Honourable the Council sitting in Portsnr^ in the s'l Province; — the Complaint and Pelition of Eich'^ Scotton, Attorney to Cha: Ungle, High Sherift' of the County of Dor- chester in the Province of Maryland most humbly sheweth: That James Smith alias Spurting was by lawful authority in the month of December, 1724, connnitted to the keeper of the Goal in Dorchester County afores*^ for suspecion of Felony, for otlering to sale and selling to a certain Theophilus Pugh of Nansemond County in the Colony of Virginia, malleable composition of min- erals or mettals heavier than silver, which the s'' Smith alias Spur- ling rated and sold as good gold of the value of one hundred twenty and three and halfe ounces, at four pounds pr ounce, curr* money of America, altho' at the same time he knew the s'' compo- sition to be false and countertital ag'' the Peace and Coiitrary to the Statute in such case made and provided; and the said Smith, alias Spurting, being so committed to custody, did soon alter make his escape from the afores<^ Ungle, High Sheriff as afore^'', and is come into this his Majesties Province, and the s<^ Ungle in danger of being highly amerced and being a great sufferer thereby — Your Petitioner therefore humbly prays that your Honour and
fire, in 1802. He married, al>out 1720, Mebitable, daughter of Robert Cuft, of Kittcry, and bad three daugliters: SaraJi, who first married Henry Appleton, and second, William Ajipleton, (who, though of the same name, was not a relative of her first hus- band); Mary, married Cai)t. Peter Pearse, of Portsmouth; and another daughter was the mother of Mrs. John Peirce. Hon. Jothara Odiorne, died August 16, 1748, aged 73, -See Kam. about Portsmouth. p. 150, and Farm. Belk.,p. 412. Note. — Brewster in big "Kambles" says Jotbam Odiorne died 17C1,
10 PROVINCE OF KEW-HAMPSHIRE. [1726.
this Honourable Board would please to order liim to be sent back from thence to the County from whence he escaped, [p. 18.] that Justice may be done : — and your Petitioner shall ever pray, as in duty bound.
ElCHAKD SCOTTON.
31 Jan>-, 1725-6.
Pro: N. IIamp^ At a Council held at Ports'm", Jau'-y 3P*,
1725-6.
Present, His Hon-^ the Lt. Gov' Geo. Jaffrey ? t^,^^^ Thos. Westbrook ? t^
Kich"! Wibii-d \ ^•'^'- Jno. Frost \ ^'^'-
Jotham Odiorne, Esq. ForasnuK^h as Rich'^ Scotton hath followed James Smith alias Spurling from Maryland to this Province, by hue and cry, for an es.cape from Mr. Sheriff Ungle, of y*' County of Dorchester, in 6"^ Maryland, Avho was there committed to the custody of the s*^ Sherifl" on suspicion of felony, and hath produced a full Power of Attorney from the s'l Ungle ; and Whereas the s*^ Scotten hath preferred a Petition to the board prating that the s*^ James Smith alias Spurling, noAV in Goal in this Province, may be sent back to the said County of Dorchester for the reasons set forth in the s*^ Petition : —
Ordered, That the s"* James Smith alias Spurling, be delivered into tlie hands of the s"^ liichard Scotten, by Benj-' Gambling, Esq. High Shoriflf of this Province, in order to be transported from hence to the said County of Dorchester ; — he the s** Scotten pay- ing the Goaler all the lawfull fees due for y*^ imprisonm', Diet, &c., of the s"^ Smith alias Spurling,
R. Waldron, Cler. Con.
[p. 19.] •
By y'^ Hon'''" Jno. Wentworth, Esq. Lt. Gov' and Command'-in-
Chief in & over liis Maj"^" I'rov. of N. Hamp"" in N. England:
A Pkoclam: von a Publick Fast.
Forasmuch as our Good God is y<^ bountiful bestower of all our benefits; & Avhereas it is o' boun'den duty & highest interest to imi)lore y" smiles of his Providence on all" o"" afiairs, & especially w"' regard to y« advancing seasons of y« year, I have thought fit, with y'' advice of liis i\Iaj"^» Council, to* order & appoint y*^ Thurs- day, y« 2i'. of y*^ Instant March, be observed as a day of publick
172G.] RECORDS OP COUNCIL. 11
lastinw- & prayer tlirougiiout this Province; hereby exhorting both Ministers and people in y"' respective Assemblys, reli<iiously to observe the same, by liumble & penitent confession of sin & fervent supplication for y'^ pardon thereof; & by sincere & hearty pi-ayer y' y*^ Judgments of Heaven may be averted & y*^ blessings y''^of showered down upon us, who merit not y« least favour; particularly, that the precious life & health of our Sovereign Lord, King George, may be continued that their Royal Highnesses y* Prince & Princess of "Wales, & all y" Royal Progeny may be pre- served; that [p. 20] his Majesty's Councils may be und"" V® Divine Guidance, & his Enterprises succeeded; that y'' administration of Goverm' in this Province maj^ be prospered; that o'' privleges of all kinds may be prolonged; that y"^ Peace w* y*^ Ind"^ lately agreed on may be ratify'd & long-lasting; that health may be con- tinued, and our husbandry, trade & tisher}' may be bless'd; that y" true Protestant religion may flourish, and y" professors of it be supported and defended ; & y' y'' Kingdom of our L** & Sav"" J. X. may be advanced; Aud all servile labour & recreations are for- bidden on y"^ s*^ day.
Given, &c., 16 March, 1725-6.
Pres' — Lt. Gov"", in Council, Mark Ilunking Rich'^ Wibird
Geo. JaflY-ey Tho. "\Yestbrook.
The above ordered to be issued out to y" Ministers forth w*.
R. W.
[r. 21.] Pro: N. Hamp'.
At a Council held at Portsm'' May lO"' 1726. Present, His Honour Jno. Wentworth, Esq. Lt. Gov''
Mai'k Hunkiug ^ Richard AVibird j)
Geo. Jafirev >Esqs. Joth. Odiorne > Esqs.
Shad. Walton ) )
It being reported to the Board that in Pursuance of a late vote of the Gen' Assemy of the Province of iNhiss", sundry persons are going or gone to lay out, take possession of, & settle upon some of his Majesty's lands within the limits of this Province, at or near a Place called Pennecook, without the consent of this Gov- erm' for so doing, which is not only unneighborly, but unjustifi- able, and has a tendency to the destroying the Mast Trees fit for his Majesty's service that may be growing thereon, Avhicli the Lieut. Gov"" and Council in faithfulness to his Majesty & in dis- charge of the trust reposed in them cannot pass by without bear- ing testimony against. It is therefore Ordered, That a Connuittee in behalf of this goverm' viz: Messrs. Nath' Wear, Theod'' Atkin- son & Richard Wald" jun. immediately repair to s^^ Pennecook,
12 PROVLXCE OF NEW-HAMPSHIRE. [1726.
& forewaru any persons whom they may find there or thereab'
from hxyino- out, taking possession of, or settling at or near the
Place caird Penuecook, or Presuming to appropriate any other
of his Majestys lands within this Province, till they shall have y"
Countenance and grant of this Goverm* for so doing; & to direct
them in an amicable way, forthw"' to withdraw y'selves from the
B'' land, & their pretensions to it, by virtue of the afores"i vote of
V* Gen' Assem. of y" Mass^.
•^ E. Waldron, Cler. Con.
[p. 22.] In obedience to an order of His Hon"" the Lt. Gov"" & the lIon'''>^ tlic Council, made y^ 10"^ Instant, appointing us a Cominit- tee w"' directions to repair immediately to Pennacook and fore- warn anv persons whom we might find there, from laying out or settling upon that place or any other of his Maj"*^" lands w"Un this Govrm'as pr the s*^ order will more at large tt fully appear: AVo have been at s'' Pennacook, wliere we found his lion'' Coll. AVill'" Packer, Esq. Jno. Wainwright, Esq. & Col. Elez'' Ting, Esq., w"' sundry others, (mostly unknown to us) to y'' number of near fortj' men, who were tailing the trees & laying out the lands there: Whereupon, we presented them with the order of Conn' afores^, and assured y'" that their Proceedings were highly displeasing to y*' Goverm' w*^*^ sent us hither, and tJiat they might depend upon it when y'= Controversial boundary between the two Provinces should be determined, the poor misled People who might be in- duced to settle there und"" y" colour of a Mass^ Grant, would be dispossessed of the said lands or suffer some other Inconvenience equally grievous; and that y*^ Message on which we were sent & y" fair forewarning they had by us, would take away all occasion of complaint when they should be compelled to leave ye s*^ lauds & lose y'' benefit of their Improv'"'^
To which y" gentlemen before named were pleased to reply, that as we were sent by y'= Goverm' of N. Hamp"", so were yy by y" Goverm' of ^Mass"^ & y' [p. 2:3.] when they returned home "they would lay before their Gen' Assem: the order of Conn' w*^"^ we had deliver'd, Avho without doubt would pass thereon as they y° 8*^ Gen. Assem: should think I'roper.
Dated at Portsmouth, y^ 18"' of JMav, 1726.
J ' Nath' Weare
I?ichard Waldron Theodore Atkinson.
1726.] RECORDS OF COUNCIL. 13
Pro : N. Hamp^
At a Council held at Portsm'' Aug. 20"', 1726. Present Lt. Gov
Mark Hunklng ^ Eicli'^ AVibird ")
Geo. JaftVev >Esqs. Arch'^ ^Macpheadris > Esqs?.
Shad. Waltou ) Joth™ Odiorne )
"Whereas the thirty slulHngs bills of Credit of this Province signed James Davis, Peter Wear & Joshua Pierce, are counter- feited, & sundry of the s'^ [p. 24.] counterfeits have been oflered in payment which are not supposed to be struck from a Copper plate; — to prevent y* spreading thereof. It is ordered That the same be published in the Boston Gaz'zette that all persons may beware of y* s"^ Counterfeits ; and for Encouragem' of y*^ Discov- ery of the s*^ Plate, any person or Persons that shall give Informa- tion, so that the s'^ Plate may be found & the offender be brought to Punishment, shall receive tifty pounds out of y*^ .Treasuxy of this ProA^nce as a reward for his service.
Pro : X. IIamp^
At a Council held at Portsm" Sept. 2-1, 1726. Present in Coun^ His Hon'' the Lt. Gov"" jSIark Ilunkiug j^ Rich'^ AVibird j)
Geo. JattVey > Esqs. Jno. Frost >Esqs.
Shad. Walton ) Arch. Macpheadris )
Ordered, That Capt. Wm. Bowen be allowed and paid 22£ out of y*^ Treasury in full for y^ hire of his Brigantine, & for y'= ser- vice of his jSTegro, to Casco Bay.
Ordered, that Mr. Fellows be p<^ 3£ out of the Treasury for an advertisem* ab' 30s bills in y^ Gazette.
Ordered, That Hampton, Exeter, Kingston, Dover & Derry be served w'** a copy of a Proclam" of Peace, to be sent to y** Chief Military officer in each town, to be proclaimed by beat of Drum.
[p. 25.] Pro: N. IIamp^
At a Council at Port: Oct. 31, 1726.
Pres' Lt. Gov''
Geo. JafiVey R. Wibird A. Macpheadris Ordered a Thanksgiving Proclam=' be^issued out for a Thanks- giving dayy« 10* November next : "and y' y* Gen' Assembly be
prorogued till y'= 21"' 9''^
R. W.
14 PROVINCE OF NEW-HAMPSHIRE. [1727.
At a Council, Dec. IS"' 1726. Pres' y" Lt. Gov'
Coll. Walton Wibird
Mc Pheadris Odiorn.
JatlVey The Selectmen of Exeter appeared to answer to the Petition of Chester, and being heard,
Ordered, That NatW Wear, Esq. Deacon Jno. Cate & X>auiel Lunt be a Comittee to run the head line of Exeter according to the Ret ur lie of the Grand Comittee for Runing y" lines of y^ sev- erale Towns, Anno 1778 (1) and that the charge thereof be pay'd by Exeter & y*' Proprie''"^ of Chester. The s"^ Comitte to make Returue thereof upon Oath, to y'' Lt. Gov'' & Council as soon as possib.c.
[v. 26.1 Pro. jST. IIamp^
March 21"' 1726-7. At a Council.
Pres' Lt. Govern''
Coll. Hunking Coll. AYalton
Capt. INIc Pheadris Capt. Frost.
Geo. JaliVcy Ordered, That there be a Sollenm Ffast kept throughout this Prov: on Thirsday, y^ 30"^ inst. and that the Clark of the Council draw Proclamations accordingly, [p. 27.] Mar. 21: 1726-7.
The petition of Mr. Sam^ Waldo, read at y^ Board, praying the Attorney Gen^ maybe directed to informe against, seise and Pros- ecute a parcell of Mat^^ (1) &c.
The Kings Attorney being sent for and appeared, Declared that if the s*! Waldo would in Due form of Law informe against y^ s*^ Mat™ and Indeninifye against all Damages that might arise to him, he was ready and willing to do his duty.
Pro : N. ^amp^
At a Council held at Portsm" Apr. 3'\ 1727. Present Lt. Gov""
Mark Hunking ^ Thos. Westbrook ^
Geo. .hiflVev > Esqs. A. IMacpheadris > Esqs.
Shad. Walton ) J. Odiorne )
Robt. Armstrong, Esq. Deputy Surveyor of his IMaj'*^" woods, being directed to attend at y"^ Board & Mr. vSam' Waldo's (in be- ll) This is manifestly an error; tlio grand Com. to run Town bounds was appointed Dec. 3, 1701.— See Vol. II, p. SCO. Part I.— En. (1) From what follows, this word " JNIatcs" means or relates to Masts. — Ed.
1728.] . RECORDS OP COUNCIL. lo
half of Ml". Ralpli Golston) his Mem*' being read in his y" s'^ Arm- strong's hearing, he was aslied l>y his Hon"" y^ Lt. Gov'' wliat he had to say to y" charge y' was laid against him y"", who rcply'd that he told Mr. AValdo he had taken y** opinion of y" Advocate Gen' & of sundry other learned jiersons in that atiair, M'ho were of y*' mind, y' y"^ trees mentioned were not cognizable in y" Admiralty Court, according to y" 8* of his Maj'y K. George: wliich advice he sent home & thought fit to discharge y"^ [p. 28.] s^ Masts ; — secu- rity being given that y* same should be carryed home & tendered according to Act of Parliam'. Thus far Mr. Armstrong.
AVhereupon it was desired by y" Board y' his ILm"" y" Lt. Gov'' see that security for carrying y^ Masts to Great Brittain, & tender- ing y"" to y* Xavey Board accordin , to Act of Parleam'.
In Coun:
Ordered That y" Clerk serve Mr. AYaldo av"' a Copy of y" fore- going Minutes of Council as an answer to his jNIeni".
Mr. Phipps, Attor. Gen' being sent for, and attending at y" Board, and Mr. Waldo's Mem° in behalf of Mr. R. Gulston, & sev- eral letters from him y^ s*^ Waldo to his Hon"" y'^ Lt. Gov"" being read in his hearing, and being asked by his Hon'' y" Lt. Gov'' what he had to say to y* s** charge contain'd in s'' Letters, he answered as follows :
Inasmuch as the lung has commissionated an oflicer to inspect the King's "Woods in this Province and to preserve the Kings Woods therein, according to the several Acts of Parliament made for that end; it aj^pears to me to be his businesse and not mine, as I am the King's Attorney, to seize the woods mentioned by Mr. Waldo — unless Mr. Waldo or some other persons do tile an Inforniation. Thus far Mr. Pliipps.
[p. 29.] Pro: N. Hamp'.
At a Council held at Portsm" Feb^- 11"^ 1727-8. Present Lt. Gov""
Col. Hunking Capt. Macpheadris
]\Ir. JafiVey Capt. Frost
Col. Walton Capt. Odiorne
Capt. S he rbur n e ( 1 ) . Benjamin Rust being informed against for maltiously & sedi- tiously uttering, att the house of Mr. Harvey in Portsmouth, on
(1) Henry Sherburne, of Partsm )uth, was appointed a member of bis JLijesty's Council ill 1728; be died Bee. 29, 1758, aged 83.— Dd.
16 PROVINX'E OF NEW-HAMPSHIRE. [1728.
or about y* 16* of Jimy last, words that liiglily tend to y« con- tempt of his Majesty's Lieut. Governour of this Province, and y« Council as a Court, & in y" Execution of their duty as such, for which he was apprehended & bound over to appear before y® s* Lieut. Governour & Council: whereupon y^ s"^ Benj. Eust, appear- ii)*r, & several Depositions being taken and produced, to support y'= truth thereof, & y^ same, if fully proved tending- much to pro- mote sedition & to Defame & Discredit as well y*' s'^ Hon''''" Court and persons, as alsoe j° other Courts of Justice & their adminis- tration here legally Established; — That crimes of this nature may not goe unpunished, Its ordered in Council, That y*^ s*' Benjamin Eust, forasmuch as y** Su])e'"' Court of Judicature, Assise & Gen' Goal Delivery is now sitting, to whom y^ Enquiry of these things more strictly belongs, shall give such security there as to the Hon'''® Court shall seem meet, to appear and answer y^ s"^ misdemeanour before y'' s"^ Court, and to be further done with as to Law & Justice appertains ; — and that notwithstanding y*^ Discharge of his y^ s"^ Eust's Eecognizance, he be held in Custody of the officer who is hereby commanded to deliver him to y'^ Court of Assize, in order to be dealt with as above.
E. Waldron, Cler. Con.
[p. 30.] Pro : N. Hamp^
At a Council held at Portsm°, March 27 : 1728. Pres' Lt. Gov'
]\Iark Hunking Joth. Odiorne
Goo. Jalirev Henry Sherburne.
Eich'i Wibird
His Hon'' the Lt. Gov'' acquainted the Board that he had consid- ered it would not be for his Majesty's service nor the Interest of the People, any longer to continue the present General Assembly, and therefore that he had tho't proper to Dissolve them ; and to Issue out a precept for tlie calling a new Assembly to meet next Tuesday, come sen'net. The Couu' unanimously acquiese in his Hon" sentiments and advised to the Issuing a Precept accordingly.
1723.] RECORDS OF COUNCIL. 17
[p. 31.] Pro:N. Ilami^.
At 11 Council at Portsm" y- — of June, being Saturday, 1728. Present His Hon'' Jolin ^Ventworth, Esq. Lt. Gov'' Mark Hunkino- ) „ E. Wibircl ? j.
Geo. Jaftrey I ^^^^- Jotlr. Odiorne J ^^^'
Tlis Hon'' laid before y'^ Board from his non"" Lt. Gov. Dumraer, signifying that y"" Gov'^ of y*" Mass'^ had delivei-ed up the Ind"^ Captives w"'in that Province, to several Cheifs of y'' Ind"' late at Boston, & then Bound to Piscat: to desire any Captives in this Province, which Lt. Gov'' Dmniner in s^ letter earnestly i>ress'd to have D'^ up to j^ s'^ Chiefs, &c. The said Chiefs being sent for to y" board & attending, & Capt. Jos. Bane interpreter being present :
[p. 32.] Aryomuct: Lt. Gov"" Dunimcr told us there was an Indian Captive here w"^*^ Gov'' "VVentworth would deliver to them, & they desired y*^ s*^ Captive.
Lt. Govr: You told us at Casco, at y*^ ratification, tliat there was 5 Ind" captives at St. Francis <fe promised they should be D*^ to y"^ English; 2 of the 5 were returu'd, & desire to know where the otliers are & have y- D'' up.
Lidii: Tlie Ind"^ that had y^ Captives as soon as yy heard of y^ Peace sold them to y'' French, & then they were out of our reach. There is not now one captive in y*^ hands of y** Indians, but all y*-' Eiigiisli y' were ever taken are with j'*^ French.
Lt. Goer: We here there is an English captive or tvro now at Amnskeag w"' y"^ Ind"^ or thereab'.
lad II. ' We know nothhig of it and have nothing to say to it; but desire to know vrhether we shall have y'-' captive or not.
Lt. Govr: I have the same affection.
Anno Riii Wis Georgii, 2di 2d(l).
[p. 33.] Pro: X. Hamp^
At a Council held at Portsmouth on Saturday, the second day of Xovemb'', 1728. Present, His lion'' John AVentworth, Esq., Lt. Gov''
?ri^f',7 h^ Joth. Odiorne ? Esqs.
1- Mi-w-l-"i' ( *^'- Hen. Sherburu Counci".
Kiclr Wibird ) -'
His Excellency William Burxet, Esq. Produced and laid be- fore the Board his Majesties Royal Commission, constitu[ting] and appointing him to be Gov'' and Command'' in Chief of this his
(1) In the secjn;! year of the reign of King George II. 2 V
18 PROVINCE OF NEW-HAMPSHIRE. [1728.
Majesties rroviiice of New Hampshire; wliich being opened and Published in tlic i)i-esence of most of the Principal officers and gentlemen of the Government [p. 34.] & many others, the same was succeeded by a round of the Cannon at his Majesties Fort "William & Mary, and on board several Merch' ships in the Har- bour; and by three vollys of smal arms of a troop of Horse, and five foot companys of Militia drawn up before the Council Cham- ber on the occasion. Then his Excellency was pleased to com- municate to the board the names and order of the Persons ai)pointed to be his Majesties Council" of the s-^ Province of New Hampshire, as they stand placed in his Instructions, viz: John AV^entworth Arch'^ IVfacpheadris
Sliad'' Walton John Frost
Geo. Jaffrey Joth" Odiorne
Thos. Westbrook Hen: Sherburne
Richd Wibird Sam^ Penhallow(l) .
After which his Excellency proceeded to take the oaths re- quired by his Commission, viz: the Oaths appointed to be taken by an Act passed in the tirst year of his late ]Majesties reign, En- tituled an Act for y'' farther security of his Maj"'^'^ Person and Government, and y"^ succession of tlie Crown in the Heirs of the late Princess Sophia, being Protestants, & for extinguishing y*^ hopes of y*^ pretended Prince of "Wales, and his open and secret abettors. He also made & subscribed the Declaration, mentioned in an Act of Parliament, made in y^ twenty-tifth year of the reign of King Charles the second, Entituled an Act for prcA'enting Dangers which may happen from Popish Eccusants ; and further
(1) Saml Peuhallow, Councilor, died December 2, 1726, aged sixty-one. He was born atSt. Mabon, in tlie County of Cornwall, in England, July 2, 1065. Being bred a Puritan, he came to this country with the Rev. Charles Morton, of Charlestown, Mass., in 1CS6. Mr. Penhallow's intention was to devote himself to the ministry; but finding affairs in tliis country in a more unsettled state than he expected, he removed to Portsmouth and engaged in trade. He married the daughter of the late President •John Cutt, and in her right inherited a large estate. He held many imjiortant offices in tlie Government ; was distinguished as a magistrate; was deacon in the Congrega- tional Church. He was aitpoiuted Councilor in 1702 ; was Recorder of Deeds, Judge of the Superior Court of Judicature, Chief Justice of the same, and Treasurer of the Province. Possessed of a strong mind, cultivated by education, and influenced by principles of religion, he discharged the duties of these several offices with integrity. He was the author ot "The History of the Ware of Kew England with the Eastern liKliaiis," from August 10, 1703, to July, 1713; & from the 25th of July, 1722, to De- cember, 1725. He was e.\emplary, charitable to the poor and hospitable to strangers. Katurally of a warm and sanguine disposition, his lirmness had the appearance of obstinacy; rigid in his princii)Ies, he was unwilling to make due allowances for those who dilfered from hiiu in sontimeut. [See Ad. Ann. I'or/smoutli, jp. U\), 150, and '• Mimoir " preilced to the "X-irralice of Indian Wars," Cincinna/i. 1^.J'J.— Kd.]
1728. RECORDS OF COUNCIL. 19
took y^ usual oatli foi' y* due Execution of the office and Trust [p. 35.] of Gov'^ & Commander-in-Chief, as well with regard to y^ due and impai'tial administration of Justice as otherwise; and also another oath required to be taken by Governours of Planta- tions, to do their utmost that y*' several laws relating to trade and y'' Plantations be observed. Then those of the Council who were I)resent, namely, the Hon^'^ John Wentworth, Esq., Shad. Walton, Esq., George Jaffrey, Esq., Eich'^ Wibird, Esq., Jotham Odiorne, Esq., and Henry Sherburne, Esq., took the oaths required by the s*^ Commission, by them to be taken, viz: The oaths appointed by tlie B'^ Act, Eutituled an Act for y" further security of his Majes- ties Person and Goverm' and the succession of the Crown in the Heirs of y"^ late Princess Sophia, being Protestants; and for Ex- tinguishiug the hopes of the pretended Prince of Wales and his open and seci'et abettors. They also made & subscribed the fore- mentioned Declaration, and took y*^ oaths for y^ due Executions of their place and trust. Then his Excellency proposed the Issuing of a Proclamation for continuing all officers, &c., w*^^ y'^ Couu' ad- vised to.
Ordered, That a Proclamation be prepared accordingly and published on Monday next, by beat of Drum, wJiich is as follows — vide on file.
His Excellency was pleased to communicate to y^ board an In- struction ag-*' striking & Emitting Bills of Credit, &c., as follows:
Note. The Council Eecords here abnqjtly end, and there remains a c?iasm till 1742.
The following is the form of Oaths taken by the Civil, Jlilitary and JEcclesiastical offlcei's in JS'eiv Hampshire, on the accession df George II., A. i>. 1727.
[Hist. Coll. N. H., Vol. IV, pp. 83-87.]
I, ■ , do sincerelv pronuse and swear that I will be
faithful and bear true allegiance to his Majesty King George the Second. So helji me God.
I, ,<lo swear that I do from my heart ablior, de- test, a1>jure as impious and heretical, that damnable doctrine and position, that Princes excommunicated or deprived by the I'opeor any authority of the See of Home, may be deposed or nuu-tliered by their su])jects, or any other whatsoever* - • M do declare, that no foreign Prince, Person or Prelate, State or Potentate, hath or ought to have jurisdiction, power, superiority, pre-eminence or
20 PROVINCE OF NEW-HAMPSHIRE. [1728.
anthovity, ecclesiastical or spifitual, within the realm of Great Britain. So help me God.
I , do truly and sincerely acknowledge, profess,
testify and declare in my conscience before God and the world, that our Sovereion Lord, King George the Second, is lawful and riglitful King of the realm of Great Britain, and nil other his Majesty's Dominions and countries thereunto belonging; and I do solemnly and sincerely declare, that I do believe in my con- science, that the person pretended to be Prince of Wales during the life of the late Jving James, and since his decease, pretending to be, and taking upon himself the style and title of King of Eng- land, b\' the name of James the Tliird, King of Great Britain, hath not any right or title whatsoever to the Crown of the realm of Great Bi'itain, or any other of the dominions thereto belong- ing. And I do renounce, refuse and abjure any allegiance or obe- dience to him. And I do swear that I Avill bear faitli and true allegiance to his Majesty, King George the Second, and him will defend to the utmost of my power, against all traitorous conspira- cies and attempts whatsoever, which shall be made against his person, crown and dignity. And I will do my utmost endeavor to disclose and make known to his Ms.jesty and his successors, all treasons and traitorous conspiracies which I shall know to be against him, or any of them; and I do faithfully promise to the utmost of my power, to support, maintain, and defend the succession of the Crown against liim, tlie said James, and all other persons whatsoever ; which succession by an Act entitled an Act for the further limitation of the Crown, and better securing the rights and liberties of the subject is, and stands limited to the Princess Sophia, Electress and Dutchess Dowager of Hanover, and the heirs of her body being Pj-otestants. And all these things 1 do plainly and sincerely acknowledge and swear, according to their express words by me spoken, and according to the plain and conimon sense and understanding of the same words, without any equivocation, mental evasion or secret reservation whatsoever. And I do make this recognition, acknowledgmeist, alijuration, re- imnciation and promise" heartily, willinglv and truiy, upon the true faith of a christian. So he/p me God.'
[The foregoing oaths were subscribed by the following persons. Tlieir names are copied in the order in which they stand in the original and are according to their autographs (1).— Sec J^. H. Hist. Coll., IV., p. 85.]
(1) The " original " here referred to h.as not been four.d by the Editor.
1728.]
RECORDS OF COUNCIL.
21
Lieut. Governor J. Wentworth
Cou7icU M. Ilunking Shad. Walton Arch'd Macplieadris Geo: Jaffrey Jno. Frost E. Wibird Jotliam Odiorne
Eich'i Waldron
Cler. Con.
Bepresentatives Peter Weare James Davis Andrew Wiggin Panl Gerrish Sam' Tebets W. Fellows John Downing John Gilraau Jos'a AYinget John Sanbnrn Ebenezer Stevens Rich'd Jennes Eph'ni Dennet Theodore Atkinson
James Jeilry
Gler. Bepres.
Jflnisters of the Gospel. Jabez Fitch Hugh Adams John Odlin Nathaniel Gookin William Shurtleff Josei^h Adams
Ward Clark Nath'l Morrill Jon'a Ciishing William Allen Henry Eust
Civil Officers Nathaniel Weare Nicli'o Gilman Nat'l Sargent Geo. Walton J. Wentworth Theodore Atkinson Devereanx Bacon David Dunbar Benj'a Gambling Clement Hughes.
Assembly Nath'l Weare Andrew Wiggin Theod. Atkinson Sam'l Thing Josh. Peirce Sam' Tebets Geo. Walker Eph'm Dennet James McKeeu Paul Gerrish Barthol. Thing Joshua Winget.
unitary Officers Richard Jennes John Downing John Sanbnrn Ebenezer Stevens Francis Mathes Nath'l Fellows. John Gofte.
22 PROVINCE OF NEW-HAMPSHIRE. [1728.
[Then follows a list of a New Assembly, containing, besides the preceding Assembly, the following names:]
Benj'a Gambling Thomas Smith
John Saiibnrn Jaccob Sargent [?]
John Knight John Gofle. Samuel In^alls
1722.] JOURNAL OF GENERAL ASSEMBLY. 23
Journal of the Oeneral Assemhly.
[The Journal which follows, from April 30, 1722, till April 22, 1729, is found in a MS. volume in the Secretary's office, labelled " Jourxal of the Council & Assembly, I7IG-1728." The pages in the margin correspond with the paging of the MS. copy. IMany miscellaneous papers of much value will also be found in the body of the work or in the foot notes, for which due credit is given. — Ed.]
[p. 222.] Pro. N. Ham]/.
At a General Assembly held at Portsm" by prorogation, April 30th, 1722. Present In Council His Excellency Sani^ Shiite Esq Gov'' ^
His Honor Jolin Wentworth Esq. L' Gov"" Sani^ Penhallow 1 Shad. Walton \
Mark Plunking \ Rich'^ Wibird \ Esqs.
Geo. Jatfry ) Tho* Packer )
Adjorned till tomorrow 10 o'clock a. m.
Pro. N. Hamp"".
At a Gen' Assem. held at portsmouth by adjornm* May 1*' 1722. Present In Coun, His E.xcellency Samuel Shute Esq Gov' His Honour John Wentworth Esq L' Gov"^ Sam' Penhallow ) ^ Mark Plunking ) -p,
Shad'^ Walton \ ^^^ Rich" Wibird i ^^^ Tho" Packer Esq A message to the house by the Clerk to require Their attend'"^ at the l)oard. The Speaker and house came ac- cordingly and his Excellency was pleased to make the fol- lowing Speech :
Gentlemen —
I have notliing at xjreseii!; to aeqiiahit you Mitli from Tlic Court of Great Brittaiii, my packetts being- on board the ship that wa.s uufortuuatly biu-iit at Sea, I understand that a bill was past at
24 PROVINCE OF NEW-HAMPSHIRE. [1722.
the last Sessions of tlie parliament, for the Encoiirag-emeiit of Na- val Stores, as also that the Duty is taken of your lumber which I hojie will prove very advantagious to this Province.
Gent— What I have to recommend to you, is the quick Dispatch of Those matters that shall he judged necessary to he done at our present Sessions.
Adjorned till 3 a clock p. m.
[p. 223.] Pro. N. Hamj/.
Mctt according to Adjornnicnt.
Present as Before, also Geo. Jaffry Esq. A Message to the board by Ca[/ Wiggln Cap* Greenongh and Mr Dam with the following memorial :
Pro. N. Ham}/. To His Excellency Samuel Shute Esq., Cap' Gen' and Commander iji Chief in and over His Ma- jesty's s^' province :
The Humble Memorial and Request of the House of Rep- resentatives of the said province now sitting — Humbly Sheweth —
That It is now more than five years since we The Memo- rialists were formed and qualifyed a house of Representa- tives for The Province aforesaid, and Tlie Towns whom we represent Think it a greivance. That They may not have a new choice once in Three years, according To Tlie English constitution, and Ave having once and again })rayed for a dissolution. It being a Greivance also to our selves by being continued so long, Therefore w"' submission we humbly pray Tluit We may lie now Dissolved, for That It will be a great benefit To The province and also will create and maintain great peace unity and Satisfaction To His Majesty's good subjects of -Said Province and to our Selves. So pray your humble memorialists.
May 1**' 1722. James Jaffry, Cler. Assem.
Jotham Odiorne Esq. Enters his Dissent ag"' This Me- morial.
17-2'2.'] JOURNAL OF GENERAL ASSEMBLY. 25
A Message from His Excellency to The house hy the Clerk w*^ the following answer to their Memorial :
[p. 22-1:.] Gentlemen —
I have considered your inemorial and sliull be alwayes ready to Comi)ly w*^ the requests of a house of representatives when the circumstances of aifairs will allow of it. Tlio' I must acquaint you that I think this Memorial is without precedent, however since I know your inclinations I shall take your memoi'ial into consideration and Shall at a proi)er Time endeavour to make you easy. In The meaii, Time I Think it necessary you sliould see all the Debts that have been contracted, discharged and The Treas- ury Supplyed.
A message to tlie House by Richard Wibird Esq w"' a vote for a Committe to consider of kStriking more l)ills of credit itc.
Ordered &c.
Adjorned till tomorrow 10 a clock a. m.
Pro. N. Hani}/.
At a General Assembly held at ports- mouth by Adjornm' May 2'' 1722. Present In Council Sam' PenhalloAv ) Shad'' Walton )
Mark Hunking [ Esq Riclf' Wibird [ Esq Geo. Jaffry ) Tho^ Packer )
A message to the board by Maj'' Gillman and Cap* Gill- man with a vote for repealing the Impost and Excise Act, and also for refunding to all persons the mony which hath been Taken from them by the impost officer Since the mid- dle of March last; Which vote was returned to the house by Geo. Jaffry Esq who was directed to recommend to them the suspending of said Act for Two months instead of Repealing it and likewise to shew them the unreasona- bleness of refunding the Dutys mentioned in said vote.
The petition of Eph^ Roberts and others representing that they had been condemned in an action of Tresspass in the County of Essex for a fact done in New Ilamp'' and praying relief was read at the board as on fde.
26 PROVINCE OF NEW-HAMPSHIRE, [1722.
[p. 225.] A message to the House by the Clerk to In- quire whether any thing was done upon the vote of Council sent down yesterday, who replyed It was under considera- tion.
Adjorned Till 8 a clock p. m.
Pro. N. Ilamp'.
Mett according to Adjornm*. Present as before.
A message to the board by Capt. Gillman w"' a vote for repealing the impost and Excise Act.
A message to the board by Mr. Dennet w'^ y° following vote :
In Council,
Voted, That a Committe of both houses be appointed to consider of a proper fund & method for bringing into the Treasury, all such monys as have hitherto been postponed and also to make an Estimate of the charges of the Gover- ment which have arisen since His Majesty's order to His Excellency prohibiting the Striking bills of Credit, &c., & further to consider what sum is necessary to be now struck and Emitted to pay the present Debts and to lodge in the Treasury for defraying the Contingent charges of the Gov- erment, and that Mark Hunking, George Jaffrey and Rich*^ "Wibird, Esq''^ be of the Committe from this board for the service above.
May 1^', 1722.
Rich'i Waldron, Cler. Con.
May 2'', 1722. Read in the house of representatives and Concurred, and Voted tiiat CoP James Davis, Maj"^ Jn" Gillman and Andrew Wiggin, Esq. be a Committe of this house to joyn w'" the Gentlemen of the upper house for the service Exprest in the above vote. '
James Jeffry, Cler. Assera.
Adjorned till to-morrow 10 a clock a. m.
1722.] JOURNAL OP GENERAL ASSEMBLY. 27
[p. 226.] Pro. N. Hamp'-.
At a General Assembly held at Portsmouth by Adjornm* May S^'S 1722. Present Council His Excellency Samuel Shute, Esq. Gov'' His Honour John Wentworth, Esq. Lt. Gov"^ Sam' Penhallow ) Shad^ Walton ^
Mark Hunking [ Esqs. Rich'' Wibird > Esqs.
George Jaffry ) Tliom'' Packer )
A Message to the board by Cap* Greenough and Cap* Gillman praying to be informed whether any thing was done upon the vote of the house for repealing the impost and Excise act sent up yesterday ; They were answered It was und'' Consideration.
A Message to the house by Geo. Jaffry and Rich'' Wibird, Esq^ w"^ their vote for repealing the impost and Excise non- concurred ; They likewise carryed down a vote of Council, for Suspending The force of said act (in part) till tiie end of The next Sessions of the Massachusetts Assembly.
The petition of the Inhabitants of Dover by Their Com- mitte Col. Waldron, Cap* Jones and Cap' Paul Gerrish, praying that Cochecho River and Lamprey River might be bridged at the province charge, was read at the board.
The petition of sundry persons mostly of the Town of Dover praying for a Tract of land above the said Town, <fec., was Read at the board and ordered to be delivered to Col. Waldron & Cap* Wentworth That They might Collect out of the said petitioners such persons as They Thouglit proper to be proprietors and present The same to The board for approbation.
A message to the House Ijy Tlie Clerk, To Enquire whether they had yet Acted upon The publick accounts, who replyed They had not, That Tliey were very solicitous for repealing The impost and Excise Act, and would if pos-
28 PROVIXCE OF NEW-HAMPSHIRE. [1722.
siblc accomplish That before They entered upon other busy- ness.
A message to the board by Cap' Gillman w"' the vote of The house for repealhig the Impost and Excise Act without any alteration, and the [p. 227.] Council's vote for suspend- ing The said w^'out any Thing done thereon, both which were returned to The house by Sam' Fenhallow, Mark Hunkitig and Geo. Jaffry, Esqs. To be further considered.
A message to the board by Mr. Dennet & Cap' Gillman w"^ Tlie following vote :
In The House of Representatives
Voted, That The Act of This Province of the fifteenth of July, 1721, so far as related to the Dutys of Export and impost be suspended until The province of the Mass* })ut Their Act of Export and Impost In force relating to this province.
May 3'-^, 1722. James Jeffry, Cler. Assem.
In Council Eod'" Die.
Read and Concurred.
Rich'' Waldron, Cler. Con.
A Message to the house by the Clerk To Recommend To them the dispatch of The publick accounts. Adjorned Till 3 a clock p. m.
Pro. N. Ilamp"-.
Mett according To Adjornment. Present as Before. The petition of George Walton for himself and The other Children of Sam' Allen, Esq. Dec'', praying for a Tract of land four miles Square, &c., read at The board as on file.
His Excellency laid before the board a letter from M"^ "W'" Popple, w'^" was read and ordered to bo Entered in y" Council Book, and is as follows ;
1722.] JOURNAL OF GENERAL ASSEMBLY. 29
Sir—
The Lords Commissioners for Trade and plautatioiis liave read a letter from ISP Newman To me w* The Extract of one from yon to him in relation to the Act for powder mony to be Collected in New [p. 228.] Hampsliire and The additional Instrnction therein mentioned, Whereupon I am Commanded to Acquaint you, That Their Lordships Thought That The letter I wrote you by their order tl:e 10"^ Aug''' last, might have been Sufficient to have Explained the difficultys M"" Newman mentioned in his me- morial in relation To The powder mony, but since you have thought That The additional Instruction above mentioned was a Sufficient Authority To you, To Suspend the Execution of The aforementioned act, I am further Commanded To Inform you, That The said Act having been passed in 1702 and Confirmed in 1706 the additional Instruction of 1717 could have no retrospect to The foresaid act, besides Tis plain from The words of The In- structions that the restriction Therein mentioned onoly relates to such Acts as Should be passed for the future, and Therefore their Lordships are of opinion that you ought To Take care that the said act be punctually putt in Execution according to the true in- tent and meaning Thereof.
I am. Your most humble Servant,
AVm Popple.
Whitehall, fcV^ 13*"', 172^^.
Adjonied till To-morrow 10 a clock a. m.
Pro. N. Ham]/.
At a Gen^ Asscm. held at portsmoulh by Adjornmcnt May 4"' 17:22. Present in Council His Excellency Samuel Sliute, Esq. Gov'" His Honour Jn" Wentworth Esq. Lt. Gov"" Pam^ Penliallow ) -p Sliad=^ Walton )
Mark Hunking ] ^^'''^^- Rich'' Wil)ird \ Esqs.
Tho^ Packer ) The petition of the Select men of portsmonth ])raying for a Township of six miles broad & Eleven Long- l\ead at the board as on file.
Adjorncd till 3 o'clock p. m.
30 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 229.] Pro. N. Harap^
Mett according to adjornmeut. Present as Before. Ordered That the Clerk write to M^' Agent Newman and acquaint him w"' the opinion of His Excellency and the Honourable board in relation to the divisional line between This province and the Mass'"" w''' was immediately done and delivered to His Excellency To be Sent him, a copy where- of is on file.
[From MS. Correspondence in Secretary's Office p. 43.] Letter to Mr. Newman, May Wi, 1722.
Mr. Newma]i —
Sir — I am commanded by his Excellency the Gov"" and the Hon''''^ the Council [of New Hampshire] to represent to yon their sense of that paragraph in the Mass* Charter on wliicli the deter- mination of the Divisional line between this and the ^Nlass*^ Gov- erm' depends: The words are as follows. " all that part of IS'ew "Enji'land in America lying- and extending from the great river ''commonly called Merrimack on the north part, and Irom three ''miles nor-ward of the said river, &c."
It is the last words of the paragraph which want explanation, viz — and from three miles nor-ward of the said river — w'^'' his Excellency and board understand to intend, That from tlie moutli of said Merrimack three miles directly north, and from the end of the s'^ three miles, to run a west line to the western Ocean, and that to be the dividing line between y" two Provinces ; and that if it be otherwise as the Mass'^ would have it, that the said line shall run i)arallel to the river. This the King's Prov: of N. Hamp"^ nuist necessarily be contracted within exceedingly narrow limits; the s'^ River a little above towns running a great length on a north course, and to eastward of north, and for the most part northerlv; Avhich they desire you to lay l)efore the Right Honourable, the Lords of Trade and'Plantations, which they tliink sufficient vv'^out any papers to he sent from hence.
[No signature.]
A Message to the hoard by Mr. Dennett and Cap' Gill- man w"' an allowance To The Souldiers sent To The East- ward w'^^' was sent down for amendment by George Jaffry and Shad"" Walton Esq.
Adjorned till Tomorrow 10 a Clock A. M.
1722.] JOURNAL OF GENERAL ASSEMBLY. 31
Pro. X. IIamp^
At a Geii^ Assem. held at portsm"
by Adjornin* May 5"^ 1722. Present In Conn. His Excellency Sam' Sluite Esq Gov"" His Hononr Jn" Wentworth Esq. L* Gov"" Sam' Penhallow ) Shad^ Walton \
Mark Hunking [ Esqs. Rich'' Wibird [ Esqs. Geo. Jat'fry ) Tho^ Packer )
A i\[essage to the board l)y ^Ir. Dennett and Cap' Green- oug'h w"' the Committee of Auditts report as follows and the following votes.
We The Subscribers being- a Committee appointed by the Gen- eral Assembly, for Audittin": The publiclc Accounts of the prov- ince, have pursuant To such appoiutui' Examined The several claims and Demands laid before us and do hereby report That we find justly due to the several persons hereafter mentioned The respective Sums Sett against their names viz'
[p. 230.] No. 1, ^Ir. Treasu''^ Acct. of sundry Disbursm''
" 2, Capt Moody's Muster Rol
" 3, Ace' of Victualling Ditto
" 4, liob' Coates for a tlag Stafl' &c
" 5, Cap' Penliallow's Muster Kol
" 6, Ace' of Victualling «fcc
" 7, MM nerk Waldrou
'' 8, D'Peirce
" 9, M'- Sherritr Gambling for y« year 1721
*' 10, M' Eph'' Dennet Coroner
May 21 1722.
In the House of representatives May 4, 1722, Voted, That the above Accounts be accepted (Except Cap' Penhallow's Muster Roll rcdnccd" To X193 : 16 : 8 and Cap' Moodys Muster Roll reduced to 64 : 17 : 7)
James Jcffry Cler. Assem.
|
LU"sm'' |
£213. 3. £ 87. 11. 29. 7. 5. 17. 351. 15. 298.— 70. — |
5 4 4 0 4 |
|
721 |
35. 1. 12.— 4. 9. |
4 |
|
£1107. 2. |
9. |
|
|
Blark |
ITunking |
|
|
Geo. |
Jatfry |
|
|
Eichd Wibird |
||
|
Peter Wear |
||
|
Jotham Odiorne. |
32 PROVIN-CE OF NKW-HAXPSHIRE. [1722.
In Couu. May 5'" 1722. Read and ConcuiTed. Ricli^' Waldron, Clcr. Con.
Sundiy Accounts brought in Since The Sitting of y'^ Au- ditors, viz'
Col" Thomas Packer's account £19. 10. — .
L' Gov-^ Wentworths acct 12. 12. 7.
Benj=' Akermans Ace', lieing p'^ 4s 1. — . — .
M'" Sherriff Gambling for his Service for
y'' years 1720 & 1719 not being acc'^^'^ for 30. 00. 7.
.£63 2. 7. [p. 231.] In the House of Represen.
Voted The above acc'^ be allowed. May 5^^ 1722. James Jeffry Cler. Assem.
Eod'° die. In Council.
Read and Concurred. Rich'^ Waldron, Cler. Con.
In The House of Represen. May 4"^ 1722. Resolved that Tlie. Souldiers named in Cap' Moodys Mus- ter Roll be paid for Their Service at The Eastw*^ Tlie sev- eral Sums as entered ag^' Their names as in s*^ Muster Roll on file, in full discharge Thereof.
James Jeffry Cler. Assem. In Council May 5«^ 1722. Read and concurred, (except the words in full discliarge thereof). Rich" Waldron Cler. Con.
In the House of represen May 4"' 1722. Resolved That Cap' Penhallow and The Souldiers named in his Muster Roll be paid for Their Service the Several Sums Sett ag""' Their names as entered in the Said Muster Roll on file. In full discharge thereof.
James Jeffry Cler. Assem. In Council May 5"^ 1722. Read and Concurred (except the words, in full discharge thereof.) Rich'^ Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 33
111 the House of Bepresen. May 4"' 1722. Voted, That from henceforth all Expresses that Shall be Impressed To any where w*'Hn This province, Shall be al- lowed, and paid by the Treasurer on Certificate of His per- formance thereof six pence P. mile and eight pence P. mile To any place out of Tlie Province For himself and horse for going out and That ferrys [p. 232.] within this province carry them ferry free.
James Jeffry Cler. Assem. In Coun. May 5'^ 1722. Read and Concurred. Rich'^ Waldron, Cler. Con.
A bill entituled an Act for altering the time for holding The Superiour Court &c. read at the board. Adjorned till monday next, 3 a clock p. m.
Pro. N. Hamp^ At a General Assembly held at portsm" by Adjornm* May 7*^ 1722. Present In Coun. His Excellency Samuel Shute Esq"" Gov' His Hon'^ John Wentworth Esq Lt Gov^ Sam^ Penhallow ] Shad'"" Walton \
Mark Hunking \ Esq. Rich*^ Wibird > Esq
Geo. Jaffry ) Thom^ Packer )
A Bill entituled an Act for altering The Time for hol'l- ing The Superiour Court of Judicature &c. Read at The board a Second and Third Time and past to be Enacted and sent down by The Clerk for Concurrenee.
The petition of Sam' Penhallow Esq, as Adnr on y"^ Es- tate of John Cutt Deceased praying for a Special Act To Enable him To Sell part of the Intestates Estate &c, read at The board.
Adjorned Till Tomorrow 10 a clock a. m. 3
34 PROVINCE OF NEW-HAMPSHIRE. [1722,
Pro. X. Ilanii/.
At a Gen' Asscm. held at portsm" by
Adjornmt May 8"> 1722. Present In Council His Excellency Sam' Shute Esq Govern'' His Hon'' John Wentworth Esq L* Gov'' Sam' penhallow ) Sliad'-^ Walton )
Mark Hanking > Esqs Rich" Wibird S Esqs Geo. JatTry ) Thomas Packer )
Adjorned Till tomorrow A. m.
[p. 233.] Pro. N. namp''.
At a Gen' Assem. hy Adjornm* May 9'" 1722, at portsni^ Present In Council Sam' Penhallow ) ^ Shad^ Walton ) -^
George Jaffry \ ^^"^ Rich" Wibird J ^'''^
Adjorned Till 3 a clock p. m.
Pro. N. Hamp^
Mett according to adjornnient. Present as Before, also Mark Hunking, Tho* Packer, Esq.
A message to the Ijoard by Cap* Odiorne and M'' Dennet with the following report and votes :
Pursuant to a vote of the General Assembly of the 2d Instant, we have examined The State of the province Debts &c, and find There has been post|)oned and drawn out of The Treasury That is now To be provided for (the Sum of 5284'") by Repetition to be paid from the year 1724 To 1728.
We find tlie Debts contracted since the Kings order To ))rohil)it the striking bills to amount to £2256-16-4 of
M-liieh is ]>'' pr Impost 222 To be now Impressed
for paym' of s" Debts 2001-16-4.
1722.] JOURNAL OF GENERAL ASSEMBLY. 35
And for payment of the accruing charges, there will be due, (viz*)
To His Excellency the Gov"^ 200
Repairs of the Fort 50
Incidents 550
800
Total X2801
To be repaid into The Treasury one half in the year 1729, The other half 1730 in like bills of Creditt or such Naval Stores and Species as shall be agreed on by [p. 234] The General Assembly To whom This is sul)mitted By
Mark Hunking Geo. JatTry Rich^' Wibird James Davis John Gillman Andrew Wiggin
In the House of Represen. May S"' 1722. Having considered The report of the above Committee we accept and concur in the same.
James Jeffry, Cler. Assem. In Council, May 9"' 1722. Read and Concurred. Rich'^ Waldron, Cler. Con.
In The House of Represen. Whereas The Emergencys of this Province have at Sev- eral Times occasioned The striking bills of Credit To an- swer the present demand thereof and there is yet out Standing of the same Impression by repetition five Thous- and Three hundred and Eighty four pounds, which liills of Creditt are Through much handling, and constant usage very much broken and many of them in danger of ])cing wholly lost w'^^' may prove prejudicial especially to the poor in whose hands they may Rest and Ije lost.
Voted That The aforesaid Sum of five Thousand three
36 PROVINCE OF NEW-HAMPSHIRE. [1722.
hundred and cig'lity four pounds be forthwith Impressed in ord'' to Exchange all the former Impressions of This prov- ince Bills before the year 171G, and that The Committe To be appointed for Signing what may be now Struck for the claims on the province as allowed by the Committe may Sign the same, and that the aboves'' sum be deposited in The hands of Trustees, for the ends abovcs'^ and no other, w^'' shall now be provided for by a fund on the several Towns of this Province proportionably to be paid in To the [p. 235] said Trustees at five equal payments That is to begin at 1724, and so every year to 1728, and to be burnt To Ashes by the General Assembly annually, and That a Committe be appointed to form a bill accordingly.
May 9"> 1722. James Jaffry, Cler. Assem.
Eod™ die. In Council.
Read and Concurred- Rich*^ Waldron, Cler. Con.
The House of Represen. having considered the Report of The Committee Relating to what is necessary in ord' to furnish y*^ Treasury <fec.
In The House of Represen.
Voted — That Two Thousand eight hundred pounds bills of Credit on This province be forthw*'^ Impressed and that a Committe be appointed to sign the same which said com- mitte shall furnish The Treasury from Time to Time as shall be allowed and ordered by the Gen' Assembly, and the same committe to form a bill accordingly To bring in the same sum of Two Thousand eight hundred pounds. To them one half in the year 1729 the other half in the year 1730 in like bills of Credit or naval Stores or such Species as Shall be agreed on by The General Assembly.
May 9"> 1722. Dan' Greenough, Cler. pro Temp.
Eod'^ Die. In Council.
Read and Concurred.
Rich^' Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 37
A message to The Board by Cap' Samuel Tibbitts w"' the following votes :
Constable Longfellow of Hampton being obstructed in The collecting of his rates near the line in Controversy? There being Twenty eight pounds twelve shillings behind, [p. 236.] In the House of Representatives
Toted That The said Constal)le Longfellow be allowed the abovesaid twenty eight pounds Twelve shillings out of the Treasury, and that the said Sum be levyed on the Town of Hampton in Their next Province Tax.
May 9* 1722. James Jeffry, Cler. Assem.
Read and Concurred.
Rich^i Waldron, Cicr. Con.
In The House of Representatives Voted That M' Agent Newman be presented w"" one hundred pounds out of the Two Thousand eight hundred pounds voted to be impressed. May Q^i^ 1722.
Dan' Greenough, Cler. pro Temp.
Bod"" die. In Council.
Read and Concurred
Rich^ Waldron Cler. Con.
A Message to the board by Cap* Tibljitts w"' the bill sent down the 7*'' Instant Entitled an Act for altering The time for holding The Superiour Court of Judicature &c. Read in the House and non-concurred.
A Bill Entituled An Act To prevent Swines going at large was laid before The board, and past To be Enacted and Sent down by Shad"'^ Walton Esq. for Concurrence.
A Message to the board by M'' Eph^" Dennet w"' a Memo- rial & request of CoP Walton praying to be reimburst five pounds out of the Treasury as on file, and the vote Thereon as follows :
38 PROVINCE OF NEW-HAMPSHIRE. [1722.
In the House of Represen. May 9'^ 1722. Allowed Col° Walton five ponnds to be paid liim out of
the publick Treasury.
Dan' Grecnough Cler. pro Temp.
[p. 237.] Eod™ die. In Council
Read and Concurred.
Rich^i Waldron Clcr. Con.
A Message To the board by M>" Dcnnet w"' The Ijill Enti- tled an Act To prevent S wines going at Large. Read in the house and non-concurred.
Adjorned till tomorrow, 10 a clock a. m.
Pro. N. Hamp"^
At a Gen' Assem held at portsm** by Adjornm^ May lO*'^ 1822. Present In Conn. His Excellency Sam' Sliute Esq Gov"^ His Hon'' John "Wentworth Esq Lt Gov'' Sam' Penhallow ) Shad-'' Walton )
Mark Hunking V Esqs Rich'' Wibird [ Esqs
Geo. Jaffry ) Tho" Packer )
Ordered tliat the Clerk Issue out proclamations for a General Fast To be observed and kept Throughout This province upon Thursday the 24"' Instant.
Rich" Waldron Clcr Con. A Bill Entitled an Act for striking and emitting a further Sum of Bills of Credit. Read three times at The board & past To be Enacted and Sent down To the house for con- currence l)y Sam' Penhallow <fe Geo Jaffry Esq"".
A Message To the board l)y Mi\ Dennet and Cap' Tib- bits w"' the following vote.
In the House of Represen. Voted, That ]\[r. Speak'' Peirce, Col° Davis and Col° Wear be a Committe To joyn w"' such as may be chosen
1722.] JOURNAL OP GENERAL ASSEMBLY. o9
in the upper house for preparing a bill relating to the strik- ing bills of Credit and signing the same.
May 9^^ 1722. Dan' Greenough, Cler. pro. Temp.
In Coun. May 10"^ 1722.
Read and Concurred and Mark Ilunking, Geo. Jaffryand Rich'' Wibird Escf appointed for y*^ Service above.
Rich" Waldron Cler. Con.
[p. 238.] A Message To The board by Mr. Dennet and Capt Tibbitts w"^ a vote of the House for addressing His Majesty, for liberty to Strike and Emitt more bills of Credit w'='' was returned To The House by Sam' Penhallow and Geo Jaffry Esq** for farther consideration, by the same Message The bill Entitled an Act to prevent Swines going at large was Sent down To be reconsidered.
A Message to The House by The clerk w"' The Petition of the Town of Dover as Minuted the 3"' Instant and a vote of Council Thereon (namely) for allowing the peti- tioners Sixty pounds out of The Treasury Towards bridging Cochecho & Lampry rivers.
Adjorned Till 3 a clock p. m.
Pro. N. Hamp'.
Mett according to adjornment. Present as Before A Message to The board by Cap' Tibbitts and M'^ Dennet w'" The Bill Entitled an Act for Striking and Emitting a further sum of Bills of Credit concurred & past To be Enacted w'^'' being Immediately Engrost was signed and sealed accordingly.
A ^Message To The board by M'' Dennet w"Uhe following
vote.
In the House of Represen. May 10^" 1722. Voted That a Committee of both houses be chosen to Desire our agent M' Newman To give us advice what proper
40 PROVINCE OF NEW-HAMPSHIRE. [1722.
Steps may be used in ord'" to obtain The Royal assent for
Striking bills of Credit in this province for the encouragem*
of raising naval Stores, Cap* Odiorne Maj'^ Gillman and
Cap' Wiggin Esq^ are of the Committee from This house
for the ends afores"^.
Dan^ Greenough Clcr. pro Temp.
Eod™ die. In Council.
Read and Concurred and Mark Hunking Geo Jaffry & Rich'^ Wibird Esq appointed for j" service above.
Rich. Waldron Cler. Con.
[p. 239.] A Message To the board by M'" Dennet w"' The vote of Council for granting sixty pounds towards The bridging Cocheclio & Lampry River non-concurred.
A Message to the ]joard by Mess''® Odiorne Dennet and Greenough w"^ the following vote.
In the House of Represen. May 10"^ 1722 Voted. That His Excellency be presented w*^ one hun- dred pounds to be paid him out of the publick Treasury. Dan^ Greenough Cler. pro. Temp''. Eod" die. In Council.
Read and Concurred.
Rich. Waldron, Cler. Con.
Several Charters being prepared by order of His Excel- lency The Gov"^ and Council for granting sundry tracts of land in this province and incorporating The Grantees were tliis day laid before the board, and being Read were signed and sealed, (namely) 1'' Chester Charter dated y-^ 8"' Instant
2. Nottingham ^
3. Harrington > dated this day.
4. Rocliester )
Coj)ys of which Charters are on file.
The petition of Samuel Weeks and otliers in behalf of the parish of Greenland, praying To be proprietors in Bar-
1722.] JOURNAL OF GENERAL ASSEMBLY. * 41
rington, or that another Tract of land be granted them as an Equivalent for it, Read at the board as on file. Adjorned Till Tomorrow 10 a clock a. m.
[p. 240.] Pro. N. Hami/.
At a Gen^ Assem. held at portsm*^ May 11"' 1722 by Adjornment. Present In Council. His Excellency Sam' Shute Esq Gov'' His Hon"' John Wentworth Esq. L' Gov"^ Sam' Penhallow ) Sliad^' Walton J
]\[ark Hunking > Esqs Rich^' Wibird > Esqs
George Jaffry ) Tho* Packer )
A message to the House by Cap* Wibird w'^'' a vote of Council for a Committee To survey The land between Co- checho and AVinnipishoky pond which was returned by Cap* Tibbitts concurred and is as follows. In Council May IP'' 1722. Voted That Lieu* CoP James Davis, Maj'' Jno. Gillman and Cap* Timothy Gerrish be a Committee To Survey & find out The most Commodious way to Winnipishoky pond and Report the same w*" an Estimate of the Charge That will attend the opening or clearing Thereof to the Gov"" & Council within six weeks and that They be paid for the same out of The Treasury.
RiclV^ Waldron Cler. Con.
In the House of Represen. May 11*" 1722. Read and Concurred.
Dan' Greenough Cler. pro. Temp. A Message to The House by Sam' Penhallow and Rich'^ Wibird Esq"^ w*" a vote of Council ab* Swine, w"^'^ was re- turned by a member of The Plouse Concurred, and is as
follows.
In Council May 11*" 1722. Voted. That from and after the first day of June 1722
42 PROVINCE OF NEW-HAMPSHIRE. [1722.
for and during The Term of three years next ensuing The said day no Swine Shall go at large in that part of The Town of Portsmouth which lyes to the northeastw*^ of a straight line [p. 241 .] which shall run from Edward Gates house To the head of the Creek at Islington, under the penalty of ten shillings fine to be paid by the owner of Such Swine so offending, one half To The Informer The other half To Tlie poor in s'^ Town, and so toties Quoties any laws uscage or Custom To the contrary notwithstanding.
Rich'' Waldron, Clcr. Con. In, the House of Represcn. May ll*"^ 1722.
Read and Concurred.
Dan' Greenough Cler. pro. Temp''®
Cap* Archibald Macpheadris being sent for by His Excel- lency appeared at the board who took the oathes Insteed of the oathes of Allegiance and Supremacy, and The oath of a Councillor and Then being directed by His Excellency took his place at The board.
In Council.
Granted To The Children of Samuel Alien Esq. Deceased and to Their heirs a Tract of land of four miles square ad- joyning to Chester side line, and Notingham head line upon Condition They Settle fifteen familys on the same within five years, but in case of an Indian Warr within that limitation Then to have so many years after the end of the s'' Warr To perform the aforesaid Condition.
Rich^' Waldron Cler. Con.
Reserved for The Inhabitants of N. Castle & Greenland a Tract of land of four miles broad bounded by the land granted to M'' Allen's Children, and six miles long bounded on Nottingham head lilie, To be hereafter Granted upon such Conditions as The board shall Think meet.
Rich-^ Waldron, Cler. Con.
The Children of Mrs Ann Clark, who formerly petitioned for a Special Act to enable her to Sell a Tract of Entailed
1722.] JOURNAL OF GENERAL ASSEMBLY. 43
land appeared at The board a id volnntaryly declared , (namely) Margaret Swain, [p. 242.^ Bridget Miller & Sarah Clark, That They were freely willing and did Consent to the Cntting of the s'^ Intail.
Rich'^ Waldron, Cler. Con.
In Coun.
Ordered, That the Acts and laws of This province w*^^ are yet onely in Manuscript be forthw*'^ putt in print and that Sam^ Penhallow Esq Take the care Thereof.
Eich'^ Waldron, Cler. Con.
A Message to The house by The Clerk, to Require Their attend-'' at the board, The Speaker and house came accord- ingly and Then His Excellency was pleased to prorogue Them and accordingly They were Prorogued Till the first Tuesday In Aug^' next.
Pro. N. Ilanq/.
At a Session of The Gen' Assem. Mett being Especially Summoned and held at Portsmouth the 28"» day of June 1722. Present In Coun. His Hon'' John Wentworth Esq L* Gov'' Sam' Penhallow ) Shad^ Walton J
Mark Hunking [ Esqs Tho' Packer > Esqs
Geo. Jaffry ) Arch'' Mxpheadris )
A Message to the house by the Clerk requiring Their attend'' at the board, The Sj)eaker and house came accord- ingly, and his Hon'' The L' Gov'" Informed them. His Excel- lency Gov"" Shute had directed the Impressing Thirty men To joyn The Eastern recruits as the Quota of This Prov- ince and That They were accordingly Impressed and that he expected provision for their [p. 243.] subsistance. Then The house prayed leave to withdraw to consider The prem- ises and afterward sent up a vote that no Souldier be paid or subsisted for service at The Eastward &c. as in s*^ vote on file, under consideration.
44 PROVINCE OF NEW-HAMPSHIRE. [1722.
In Council Ordered That M' Treasurer Penhallow forthwith provide twelve barrels pork & twenty five hundred weight of bread To be ready for His Majesty's Service, in case of Emer- gency.
Rich-^ Waldron Cler. Con.
A message To The board by M"" Dennet w^^ y® following vote.
In The House of Represen. June 28"^ 1722. Voted, That His Excellency be desired that the men now Impressed may be imployed in scouting within this province and in cutting the Road from Winnipishoky pond to Dover as lately surveyed and that The Treasurer supply Them w"^ provision and ammunition, and that no Sons un- der age or servants be admitted to Take up any of Their Wages, without Their parents or Masters consent.
James Jeffry Cler. Assem. Eod™ die. In Council.
Read and Concurred.
Rich^ Waldron Cler Con.
His Hon"^ The Lieu* Gov'' acquainted The board That he was impowered by His Excellency Gov'' Shute to Dissolve The Assembly (if he saw meet) and Therefore moved the Council for Their advice Thereupon who unanimously ad- vised in the affirmative. Then His Hon'" Sent for the House by Tlie Clerk. The Speak'' & house came accord- ingly and His Hon'' was pleased to pronounce tlie present Gen Assembly
Dissolved.
1722.] JOURNAL OF GENERAL ASSEMBLY. 45
[p. 214.] Pro. X. Hamp.
At a General Assembly begun and held at portsmoutli July 2*^ 1722. Being the first Session. Present In Council. His Honour Jn" Wentworth Esq L' Gov^' Sam' Penhallow ]
Mark Hunking \ Esqs Shad'^ Walton ) -p George Jaffry ) Thom® Packer ) ^ '
M'' Sherriff Gambling made return of His precept (Issued out the twenty eighth of July last for calling a new Assem- bly To meet and Sett this day) w'" the names of the several persons Elected and Deputed to represent the several Towns as follows.
John Plaisted Esq ]
M-^ Eph=^ Dennet } for Portsm"'
Mr W^ Fellows )
James Davis ]
Cap* Tim" Gerrish > for Dover
Cap* Sam' Tiljbitts )
John Redman / tt ,
M^- John Sanl3urn j Hampton
Peter Wear Esq, Hamp" falls John Gillman Esq ) tti -r Cap* Jn° Gillman \ ^^^^
Jotham Odiorne Esq ) -^j rx li M' Theo Atkinson j ^- ^^^^^^^ Sam' Easman, Kingston Cap* Jn° Downing, Newington And'^ Wiggin Esq, Streatham
A Message from the board by Sam' Penhallow Geo Jaffry Esq and The Clerk to administer The oathes appointed by law To The several Deputys above named, To qualify Them for busyness w°'^ was done accordingly.
A Message to the house by The Clerk To require their attend^ at the board. They came accordingly and His Hon- our directed them (as they were the persons returned to
46 PROVINCE OP NEW-HAMPSHIRE. [1722.
Serve in the Oen' Assem. and now qualified) To proceed To cliuse A Speaker and Settle The house &c. Then they withdrew to their own Chamber.
A Message to the board by Jotham Odiorne and Andrew Wiggin Esq. to acquaint Ilis Hon'' That tlu House had Chosen Peter Wear Esq Their Speaker.
[p. 245.] ±\. Message to the house by the Clerk to require Tlieir attend"^ at the board. They came accordingly To whom His Honour The Lieu' Governour declared his ac- ceptance of Their choice of a Speaker, and then prorogued The Gen^ Assembly and accordingly they were Prorogued, Till The first Tuesday in Aug*' next.
Prorogued Till y« 15 Aug*' 1722.
Pro. N. Hamp"".
At a General Assembly held at portsraouth by prorogation Aug*"' 15"' 1722. Present In Council His Honor John Wentworth Esq Lt. GoV Sam' Penh allow ) -p Geo Jaffry )
■ Mark Hunking j ^^^^ Rich'^ Wil) d } Esq
Tho^Pack 1- ) A Message to the house by the Clerk to require their attend'' at tlie board, Tlie Speak'' and house came accord- ingly and his Hon'" was pleased to make the following Speech.
Gentlemen —
I had no thoughts of Seeing you until Ilis Excellency our Gov- ernour came into this province which will be the hitter end of September, but a warr being declared ag«' the Indian llebels of the East and also receiving a letter from his Excellency That he intended to see The Gen' Assembly of the Mass'' o i t e 8"^ Instant Aug^' in ord' to push on a vigorous Warr ag'' our Eastern Enemy s which letter I shall lay before you.
^ I hope it will be for H IM , esty's Service and the ■ ood of This Govcrment That we [i>. 24C.] are iiowmett to consult of and soon
1722.] JOURNAL OP GENERAL ASSEMBLY. 47
make sucli resolves as may pusli ou This warr (that we arc so forced into) with a heart}- willing mind.
Judge there is none among us that scruples the Justice of Tills warr on our part since tlie dians have so often violated Their most Solemn Treatys and Ingagements to us.
I suppose It's generally Thouglit That The Scout now on the frontiers of this province under y*^ Command of Maj"" John Gill- man is and has been of service, but in case our neighbours of the Mass* make an offensive wa r and keep out a sufficient num- ber of men to march to the Enemys head Quart rs and also to scour the Sea-Coast at The same time, Then and in sucli case 1 hope we shall cheerfully come in to send our Quota of men and joyn w* them to putt a Speedy end to this warr.
If such an army be kept moving in the Eastern parts, Then our Scout which I think it absolutely necessary there should be one may be reduced to a Much Small'^ number, Than wliat we now have and as we shall not at present enter upon any other busy- ness but that of The warr, I hope you will Take it under your serious consideration and grant sucli Supplys as may carry on the warr chearfully, and also that the Honour of the Government may be supported, for the accomplishing of which you are always sure
of my best Endeavours.
Jn° Wentwoiitii.
The Speak'' prayed a Copy of the foregoing Speech who was answered by His Hon^ that the Clerk should Serve him w"' a Copy Thereof, Then the House w'^ drew to Their own Clianiber.
A ^lessage to The house by The Clerk, w"' a Copy of His Hon'' The L* Gov''^ Speech, and a letter from His Ex- cellency to The L' Gov'' referred to in s*^ Speech. Acljorned Ti.l 3 a clock p. m.
[p. 247.] Pro. X. Hamp'-.
Mett according to Adjournment. Present In Council, As Before. • Adjorned Till Tomorrow 10 a clock a. m.
48 PROVINCE OF NEW-HAMPSHIRE. [1722,
Pro. N. Ilami/.
At a General Assem. held at portsra"
by adjornm' Aug*' 16 1722. Present In Conn. His Honour Jn° Wentwortli Esq L* Gov^ Sam' Penliallow ( p Geo. Jaffry )
Mark Hanking j ^^^ Rich'^ Wibird \ Esq
Tho' Packer )
Adjoriied Till 4 a clock p. m.
Pro. N. Hamp''.
Mett according to adjornm*.
Present In Coun. As Before. Adjorned Till Tomorrow 10 a clock a. m.
Pro. N. Hamp^
At a General Assembly held at portsm" by adjornm* Ang^* 17, 1722. Present In Coun. His Hon'^ Jn" Wentworth Esq L' Gov"^ Samuel Penhallow ) ^ Geo. Jaffry )
Mark Hunking \ ^^^ Kich" Wibird [ Esq
Tho^ Packer ) A Message to the ]joard by Cap* Gerrish and M'' Dennet w"' The House of Represent answers to His Hon"^* Speech, and w"' The following account and vote.
Pro. N. Hamp^ Dr. For service done in Surveying The road [p. 248] to Win- nipishoky, May 21^' 1722.
To CoP James Davis 5 days £2. 10. 0
Cap* Tim« Gerrish 6 ditto 30.
M-- Rich'^ Waldron 5 ditto 2. 10
Jn° Wingate 5 ditto 1. 5
17-22.] JOURNAL OF GENERAL ASSEMBLY. 49
1. 5
1. 5
1. 5
|
W" inn |
5 days |
|
Echv'' Evans |
5 ditto |
|
Dan' Davis |
5 ditto |
£U. 0 0
In The House of Rcprescn. Aug^' 17, 1722 Voted, That the above account be allowed.
James Jaffry Cler. Assem.
Eod™ die In Council
Read and Concurred
Rich" Waldron Cler. Con.
A Message To the board by Col° Hunking and Cap' Wi- bird w"^ a vote for a Committee of warr w*"'' was returned by Cap* Odiorne non Concurred.
A Message to the House by Rich'' Wibird and Tho* Packer Esq w*'' a vote of Council for a Committee To wait on His Excellency which was returned by M'' Fellows and Cap' Tibbitts Concurred and is as follows.
In Conn. Aug^' 17"^ 1722
Voted, Tiiat one of the House be joyned w"' one of Tiiis board to wait on His Excellency w"' The answer of The House To His Excellency's letter and the L' Gov™ Speech and discourse Him Thereon.
Rich''' Waldron Cler. Con.
Eod'-' die. In tlie House of Reprcsen.
Read and Concurred.
James Jaifry, Cler Assem.
A Message to the House l)y George Jeffry Esq w'" Tlicir answer to The Lt Gov""" Speecli to be amended w^*" was re- turned to The board by M"" Atkinson and Capt Wiggin w'''- out any alteration & is as follows.
[p. 249.] i\Iay it please your Honour.
In answer To your Honours speech, Your Honour Having been pleased hi your si)eecli at The open- hig This Sessions To Inform us That a wan- being declared ag«' 4
50 PROVINCE OF NEW-HAMPSHIRE. [1722.
The InJiiUi llebels at the Eastw*^ who have violated all Their Treatj'S and made an unjust warr upon us, That it would be ne- cessary for us in Conjunction w"' The Massa*' to push on a vigor- ous Avarr to The utmost of our power and ability we are entirely of your honours opinion, and Therefore shall chearfully concurr in raising- such Sums of mony as shall be sufficient To carry on our proportionate part of The said warr. But whereas our Gov- erment lying much of it fronting up"*^ y* Wilderness from whence The Indians make their fatal Inroads ui)on us, as this province has formerly felt by wofull Experience and may reasonably Expect The like again, and having lately discovered that some of Their headquarters are not much above a day's 3[arch above our Towns, So That whatsoever Ave can raise in This Government being im- ployed on our frontiers Avould not ouly be a protection to us, but a A'ery great annoyance To, The Enemy, and Tend very much to The distressing Them and bringing the warr to a Speedy conclu- sion, and Ave are of opinion That our Good friends and neighbors of TJie Mass" Avill Esteem it a proportionable part in carrying on The warr, and That His Excellency Avill direct his Comiuanding officers that may be posted near unto us, To Concert measures w* ours for suppressing and destroying The Enemy as opportunity & occasion may olTer. And Avhereas you lion'' Avas pleased To lay before us his Excelleucys letter of y'^ 13"^ Curr' Avherein he dii-ects To Send Seventy men To The EastAvard To joyn Tlie Army There we rind our Selves utterly unable To Support That Charge and at Tlje same Time To be able to Secure our frontiers and to oppose The Enemv in case of an attack.
Peter ^Fear, Speak'. Aug't 17 1722.
Adjourned till 3 a clock p. m.
[p. 250.] Pro. N. Hamp.
Mett according to adjornnient. Present as Before. A Message To The board bv Mess'" Wiggiu aiid^Easman w"' The following vote.
In the House of llepresen. Aug''' 17"' 1722. Voted, That a Committee of This house be chosen To joyn Av"' a Committee of The upper house To draw up In- structions for Those Gentlemen That are to wait on His
1722.] JOURNAL OF GENEUAL ASSEMBLY. 51
Excellency according To our vote in The morning, and To lay the same before The General Assembly for their appro- bation.
Aug^' IT"' 1722. James Jeffry Cler. Assem.
Eod" Die. In Council.
Read and Concurred, and Voted, That Col*^ Ilunking, Geo. Jaffry and Ricli'^ Wibird Esq be of The Committe from the board to joyn w"' so many of The house for The
Service above.
Eiclr' Waldron Cler. Con. Ead'" die.
In The House of Represen. Toted, That Andrew Wiggin Esq. Ca})* W'" Fcllo-vvs and M"" Theo. Atkinson be of The Committe of This house for
the Service al)Ove.
James Jetfry, Cler. Assem.
Adjorned till tomorrow 9 a clock A. M.
Pro. N. Hanip''.
At a General Assem. held at portsm" by Adjornm' Aug^' 18'" 1722. Present In Council His Honour Jn° Wentworth Esq L* Gov"" Sam' Penhallow ) ^ Geo. Jaffry )
Mark Hunking \ ^^^ Rich" Wibird [ Esq
Tho« Packer )
A Message To The board by Cap' Samuel Tibbitts w'" the following votes.
[p. 251.] In the House of Represen. Aug^' 17 1722
Voted. That Isaac Green be allowed and paid by the
Town of Hampton The sum of Three Shillings pr day for
forty eight days according To his oath and that The Select
men of said Town of Hampton make an assessment for the
same on said Town.
James Jeffry Cler. Assem.
52 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod'" die. In Council
Read and Concurred.
Ricli^^ Waldron Clcr. Con.
In The House of Rcprcscn. Aug^' IT 1722. Voted, That the sum of seven pounds Ije allowed and paid out of The Treasury unto Benj^'- Akeruian for his Ser- vice as door keeper for y" year 1721.
James Jeffry Cler. Asseni.
Eod'" die. In Council
Read and Concurred.
Piicli'^ Waldron Cler. Con.
George Jaffry Esq laid Itefore the Ijoard a receipt w*^'' was ordered To be entered here and Returned to him. It is as follows.
Received of Geoi'ge Jaffry Esq. j)r ord'" of The Committe for Signing bills of Credit Thirteen hundred Seventy five pounds province bills for Supply of The Treasury, pursuant to order of The Gen' Assem. July 26*'^ 1722.
Pr Samuel Penhallow Treasurer.
A Message To The Ijoard by M'' Atkinson Caj/ Gerrish and Cap* Tibbitts w"' a vote for accepting The Committees report appointed To prepare Instructions for Tlie Gentlem"^ who arc to wait on liis Excellency w'^^'' was read and non-concurred and sent down by Ricli'^ Wil)ird Esq. Also by liim was sent down a vote of Council for accepting another Report of y*" same Committee w'^'' was returned To the board by Lt. Col° Davis [p. 252.] Capt Gerrisli and Two other members non-Concurred as on file.
[From tlic Journal of tlie House. j- Au^-. IS, 1722.
Instructions for the (rent, of the Committee yt are to walte on
Ills Excellencle.
To acquaint liis E.v" y (;ov(M-iiour lliat this Prov, and every
Town ill it is so very luneli exposed to the Insult of the Enemy
Indian;^, by being in a manner all frontiers, as that this Goverm'
1722.] JOURNAL OF GENERAL ASSEMBLY. 53
is nnable to comply with his Excell^ Demands of sending sevoiity men to the Eastward, «fec. Bat to assure liiiu y' if the Governm' of the Mass"- will, upon advisiiiG' with this Governm' joyn in an Expedition ag"'*' the enemy at AVinnipisokee Pond, Osapee, Pic- waket, & at y* head of Merrymak as Conega? «fec. this Governm' Avill readily & cheerfully joyne with them to the number of men mentioned in his Excellences letter, which Expeditions may both annov the enemy and cover the Frontiers of the Mass" on Merry- mack river & this Province at the same time. But this Province lying under much the same circumstances and altog-ethcr as nuich exposed to the incursions of the Enemy as that part of the county of Yoi'k, viz. York, Berwick, Kittery & Wells, and his Excellen- cie having tho't it proper not only to exempt the towns abovesaid from any expedition formed ag^' the Indians beyond the bounds of s"^ county, but have afforded them upwards of 100 men from the westward, posted there for theirc security ; therefore being under \^ same circumstances. Pray wee may be excused seneling any men into the Eastern Country upon the same consideration. The above submitted to Gen' Assembly for approbation.
Theo. Atkinson, Clk. Com.
In council read & non-concurred.
R. AYaldron, Cler. Con.
A Message To the board by James Davis Esq w"^ a vote of The house for giving Thanks To his Hon'' the L' Gov' for liis great care in visiting The frontiers and ordering Scouts &c. as on file.
Adjorned till y" 29"^ Instant.
Pro. N. Hami/.
At a Gen' Assembly held at portsni"
by Adjornm* Aug^' 29'" 1722.
Present In Council
His Hon'' John Wentworth Esq Lt Gov''
Samuel Penhallow ) t-i Geo Jaffrv )
Esq
Mark Hunking \ '^^'i Shad^ Walton ) Esq
Rich^' Wibird )
Adjorned Till 3 a clock p. M.
54 PROVINCE OP NEW-HAMPSHIRE. [1722.
[From Journal of the House.] Instructions to the Gent, to be Elected to loaite on his Excellencee from this Frov: to confer ivith him touching ye Indian Warr &c.
To acquaint his Excellencie y*' Gov'' y' this Govei-nm' will joyue with the Massaclmsetts in all sucli Expeditions ag»' the Indian enemy as shall be agreed on by both Governm'% not exceeding- one company of lifty men at one time ; & y' tliis Governm' expect to be consulted about all Expeditions in Avhich our Quota is demanded.
Submitted for approbation.
Theo, Atkinson, Cler. Comitte.
In Council, August 18, 1722.
Read & accepted & ordered to be sent down for concurrence. Eodem die. In y^ house of Kepresentatives. Read and non- concurred.
Jas. Jeffry, Cler. Assem.
Pro N. Hamp^
Melt according to adjornment. Present as Before. Also Tho' Pack-^ Esq A Message To The House by The Clerk To require Their Attend^ at the board. The Speak"" and house came accord- ingly and his hon"^ was pleased To make The following Speech.
Gentlemen —
You have had a recess for a few days That you might The bet- ter consider of Avhat I laid before you at our last Sitting and more Especially That part of it w#'' relates to The sending our Quota of men To The Eastward to joyn Avith our Neighbors of The Massa- chusetts [r. 2o;5.] In Marching To The Head Quarters of The In- dian Rebels & That you will freely grant Such Su[)plys as may be necessary for Their subsistance, in doing of Avhicii, We act but the Just part To our selves and also Cultivate a good understand- ing w"' our neighboring Goverment who we see are most gen- erously Entered into The present AVarr.
I Flatter my self That We are all of opinion That it is our In- terest to Act in Conjunction w"' Them, more Especially in matters That Relate to The warr.
I Have given His Excellency our Governour an Account how
1722.] JOURNAL OF GENERAL ASSEMBLY. 55
faiT WQ had proceeded and that I had fai'thcr prorogued you for a few days in hopes yon would better consider Thereof, and come in To send our Quota. I have His Excellency's answer Thereon, who is greatly Surprised that you should refuse doing a Tiling so much your Interest and what the greatest part of you Voted in May Session.
John Wentworth.
Robert Coates presented an Acct of Yictualling laliour- ers at Fort W'^ and Mary To The board. Ordered In Conncil, That Twelve pounds be paid To The accountant hi part out of the Treasury, and that The Clerk make ont a War- rant accordingly, and That The Ace' be laid before The Committe of Andits for Their allowance of the residue.
Rich'i Waldron, Cler. Con.
The petition of The Represen*^ of The Town of Dover, praying for a Special Act To Exempt That Town from keep- ing a graniar School during the Indian warr. Read at y* board and voted That the prayer be allowed &c. and The Said petition and vote sent down by The Clerk for Con- currence.
Adjorned Till Tomorrow 10 a clock a. m.
[p. 254.] Pro. N. Hamp^
At a Gen' Assem. held at portsmouth by Adjornm' Aug^* 30*'^ 1722 Present In Council His Honour John Wentworth Esq Lt GoV Samuel Penhallow ^ Rich'' Wil)ird )
Mark Hunking > Esq Shad"- Walton > Esq Geo Jaffry ) Thorn" Packer )
A Message to the board by Cap' Gerrish and jM' Pennet w"' a resolve of the house that no men be supported in the Eastern parts by this Goverment as on file. Also a Vote for a Committe To prepare a bill for The Encourage m* of Souldiers & Voluntiers ; and The vote of Coiiu. for grant-
56 PROVINCE OF NEW-HAMPSHIRE. [1722.
ing The prayer of Dover petition concurred w"' is as follows.
Voted That the prayer of The petition for Exempting Dover from keeping a grammar School during The Indian warr he granted and that The petitioners have leave to bring in a Bill accordingly.
Aug'' 09th 1122. Rich^' Waldron, Cler. Con.
In The House of Represen. Aug^' W 1722.
Read and Concurred provided They keep a school for Reading and writing &, arithmetick.
James Jeffry Cler. Assem.
His Honour The L' Governour Communicated To the board a letter from His Excellency of y*^ 27''' Instant di- recting The Impressing fifty men to joyn the Mass^ Army To March Eastward which were impressed and now ready to move, and therefore acquainted Mr. Treasurer Penhallow he expected that he should provide for their subsistance immediately ; who replyed, he would readily do it, but that he had not wherew''* in the Treasury for their supply, and therefore could not comply with his Honour's directions till he was enabled by the Gen^ Assembly.
A message to the House by Capt. Wibird w'^' a vote for building a block House at "Winnipishoky pond.
Adjourned till 3 o'clock, p. m.
[p. 2o5.] Mett according to adjornm'
Present as Before. A message to the Board by Messrs. Fellows and Atkin- son with the following vote.
In Council, Aug. 30"' 1722.
Voted, That a block-house be fortliw"' l)uilt at "Winni-
pishoky pond, at such place and in such form as a Com-
mitte to be appointed for that end shall direct, for the
annoyance of the Indian Enemy in those parts, & that a
1722.] JOURNAL OF GENERAL ASSEMBLY. 67
Committe of both houses be appouited to make an estiuialo of the charge, in order to have the sum allowed and voted ; which committe for making the estimate on the part of the Board are Col. Hunking and Col. Walton.
Rich^^ Waldron, Cler. Con.
Eodem die. In the House of Represen*^
Read and Concurred, and Col. James Davis, and Cap* Tim° Gerrish to be of a Committe of this House to joyn w"^ the above Committe for tlie end aforesaid.
James Jeffry, Cler. Assem. A message to the house l)y the Clerk w"' tlie vote for a Committe to prepare a bill for the Encouragement of soul- diers and volunteers ; and the Committe nominated . . . w°'^ was returned by Ca{)t Odiorno, concurred, and is as follows :
In the House of Represent* Aug 30'" 1722. Voted, That a bill ))e drawn up for Encouragem' of vol- unteers and soldiers of this Province ag^* y*" Indian Enemy; and that a Committe of this house be chosen to joyn w*'' a Committe of the upper house for drawing up a bill accord- ingly.
James Jaffry, Cler. Assem.
[p. 2")6.] Eodem die, In Council,
Read and concurred ; and George Jaffry and Rich^ Wi-
bird, Esqs. appointed to be of the Committe from the board
for the service above.
Rich*^ Waldron, Cler. Con.
Eod™ die, In the House of Represen".
Voted, That Capt. Wm. Fellows and Mr. Theodore At- kinson be a Committee of this house to joyn w"' the above, Committe for the end abovesaid.
James Jeffrey, Cler. Assem.
Capt. Tim" Gerrish presented to tlie board a hill cntituled an Act to exempt the Town of Dover from the {>eualty of the Act relating to Grammar schools, which was read three
58 PROVINCE OP NEW-HAMPSHIRE. [1722.
times and past to bo enacted, and sent down for concur- rence by the Clerk.
Adjorned till tomorrow, 10 o'clock, a. m.
Pro: N. I-Iami/.
At a Gen' Asscm. held at Portsm"
by adjornm* Aug'' 81'' 1722. Present in Council His Hon'' John Wentworth, Esq. Lt. Gov'' Samuel Penhallow | -^ George Jaffry ) ^
Mark Hunking \ ^''^'- Rich"" Wibird J ^^^i^'
Tho^ Packer, Esq. Adjorned till Sep' 1^' 1722.
Pro : N. Hamp''.
At a Gen^ Assem. held at Portsm°
by adjornm' 7'"^ 1*" 1722. Present in Council His Honour Jno. Wentworth, Esq. Lt. Gov''. Samuel Penhallow ) -p, Geo. Jatfrev ) j^
Mark Hunking \ ^^'^^- Rich" Wibird ] ^"^'^*^'
Tho* Packer, Esq. [p. 257.] A message to the board by Capt. Gerrish and Capt. Tibbets w"' the Report of the Committe for Win- nipishoky Fort, and a vote thereon, which vote was returned by Geo. Jalfry, Esq. to 1)0 amended, and was amended and brought up again by Mr. Dennet. The said Report & vote are as follow :
An Estimate of the Committe for building and erecting a block-house on the side of Winnepislioky pond, at the south-east side near the opening of the pond, so near the bank of the pond as may be thought convenient ; and for the building a block-house of fifty feet long and forty feet wide, with two Flankers, and barricks of nine feet wide all around w"'in side, and to be built within and without w'**
1722.] JOtJRNAL OF GENERAL ASSEMBLY. 59
square timber of eight inches thick, and the walls without to be fifteen feet high ; and the barricks w"^in eight feet, for which we, the subscribers, do estimate the cost to finish s'^ block-house about two hundred pounds. Aug. 30*" 1722. Mark Hunking^
Shad. Walton ( r^ -ii T n • >Uommitte.
James Davis
Tim" Gerrish
J
In the House of Represen'^ 7'^' 1^'*, 1722. Voted, That the Report of the Committe for building a block-house at Winnipishoky pond be accepted, with tliis amendment. That the s'' block-house or Fort be made fifty feet square, and that the Commander-in-Chief be desired to provide one hundred & fifty men, at least, for that service, including the labourers, and that it Ijo begun as soon as conveniently may be ; <fe that the Treasurer be ordered to supply accordingly.
Eodem die. In Council Read and Concurred.
James Jeffry, Cler. Assem.
Ricli'^ Waldron, Cler. Con.
[p. 258.] A message to the board by Capt. Gerrish and Mr. Sanburn, w''^ the following vote :
In the House of Represen'^ 7'^^ 1^' 1722. Voted, That the Committe in whose hands the mony is, supply the Treasury w"* four hundred pounds for the sub- sistance of the forces that shall be imployed in building the block-house voted to be built at Winnipishoky, and for furnishing and supplying w"' provision and ammunition such volunteers as shall have or obtain the approbation of the Command'' in Chief for the time being.
James Jeffry, Cler. Assem.
Eodem die, in Council,
Read and concurred.
Richard Waldron, Cler. Con.
60 PIIOVINCE OF NEW-HAMPSKIRE. [1722.
A message to the House by the Clerk to requu-e their Attend^ at the board : The Speak'" and house came accord- ingly. Then the three following bills, w'^'' Avere past to be enacted in both houses, were again read and signed and sealed at the board, (namely)
An Act to encourage the prosecution of the Indian Ene- my and Rg1)c1s.
An Act in addition to the Acts for regulating the Militia.
An Act to exemj)t the Town of Dover from y*" penalty of the act relating to Grammar Schools.
Then his Hon*' was pleased to prorogue the Gen' Assem : and accordingly they were
Prorogued, till y® b"' day of October next.
Prorogued till y® 17"' Instant.
[p. 250.] Pro. N. Hamp'-.
At a Gen' Assembly held at Portsmouth, by prorogation, October 17"' 1722. Present in Council, His Hon"" Jno. Wentworth, Esq. Lt. Governour. Sam' Penhallow \ ^ Rich" Wibird ) ^
Mark Hunking \ ^'''"l^* Tliom^ Packer \ ^'*^- A message to the house by the Clerk to require their attend''' at this board ; the Speaker and House came accord- ingly, <t then his Hon'" was pleased to make the following Speech : —
Gentlemen —
1 received a letter from bis Excellency our Governour, bearing date the o"' instant, advising me tliat. Coll° Scliiler, w''' seven Maquas Avere come to Uoston to treat with the ^Massachusetts Gov- ernment ab' the Eastern Indian warr; which aflair would not per- mit his Excellency's coming into the Province this Fall, for w*"^ i-eason, I purpose that our Sessions be short, & therefore pass on those things onely that are absolutely necessary for the support and honour of the Government.
Pursuant to a vote of Gen' Assembly, I have caused a wav to
1722.] JOUilXAL OF GKXr:il.VL ASSIvMBLY. Gl
be cut to Winnipishoky Poiul, which 1 hope will give geneiMl sat- isfaction. It has beeu attended with a considerable expence; however it is well over, and that without au\' loss of men, for which favour God Almighty be praised.
The Block-house voted to be built at the Pond, I am of opinion it is best to suspend the building thereof for the present.
It is just that the souldiers & others that have been in the ser- vice of the Goverment should be paid of [off] this Fall. I would therefore recommend to you the Raising' two thousand pounds on a good fund, ^y'^^ I hope will more than pay of our just debts; & as we are contracting debts on ourselves, so I think it our in- terest to find out a way to be paying in what we can without lay- ing too heavy a burthen on the people. I would therefore recom- mend to y° the laying on a tax of one thousand pounds for this present year, to be paid into tl e Treasury in species, or Merchan- able tish, boards and all sorts of Provisions, & y* a Committe be appointed to sett the prices.
[p. 260.] I am of opinion that the report of the Committe of Audit relating to the soldiers sent to Arowsick the last winter, under y" conunand of Capt John Penhallow, ought to be reconsidered ; it appearing to me that the said CapL. & his men are sufferers by the said Committes report.
As I have the command of his Majestys Fort, Wm. & Mary, so I think it my duty to lett you know the state of that garrison, what money you formerly voted for the repairing and rebuilding of it I do assure you has been faithfully applyed to that use ; what we have rebuilt for ihe two years past is laid with stone and lime and may stand ages. I hope you will still continue your yearly allowance of about one hundred pounds until it be finished. Our stock at the fort of all sorts runs low ; the droping of y" pow- der act was a very great loss to the Province; — for the redressing of which I think it reasonable & just that we make an additional clause to our Gunpowder act, passed in the year 1704; "We then received one pound of powder for every ton the ship or vessel measured; and now but two-thirds of a pound p"" ton, occasioned by the difference of mony; so that three shillings p"" pound now bears the same proportion that two shillings did when the Act was made ; and that all vessels (fishermen only excepted) should be oblidged to pay powd'' money once a year.
There are some of the Laws that want to be strengthened, w'='' well deserves yo"" consideration. I have ouely to add, that you will take effectual care to provide
62 PROVINCE OF NKW-HAMPSHIRE. [1722.
for his Excellency our Govei-n" usual allowance, and wliat else is necessar}^ for the Hou'''^ support of this his Majesty's Goverment.
J. "Wentworth.
Mr. Speaker prayed a copy of y*" foregoing Speech, which was granted ; and then ho and the honse w"\h-ew to their own Chamber.
Adjorned till tomorrow, 10 o'clock, a. Bl. .
[p. 2G1.] Pro : N. Hamp'-.
At a General Assembly, held at Portsmouth, by adjornm* the 18"' day of October, 1722. Present in Council, His Honour John Wentworth, Esq. Lt. Gov"^ Sam' Ponhallow ) t^ George Jaffry ji -p
Mark Hunking \ ^^^- Rich-i Wibird \ ^'^'^^ Tho' Packer, Esq. Adjorned till 3 o'clock, p. M.
Pro. N. Hamp^ ]\Iett again according to adjornm*.
Present in Council — as Before. A message to the board by Capt. Gerrish and Mr. Den- net w"' the Representatives answer to the Lieut. Gov''^ Speech (as follows)
Pro. New Hamp"" &:c.
In answer to his Honour the Lieut. Gov" speech of y" 17"^ cnr- rent:
Whereas y'' Hon'' is pleased to communicate to us the reason of his Excellency's not honoring us w"' his presence this Fall's ses- sions, was his being taken up in a treaty av"' the live Nations of Maquas at Boston : we should have looked upon it as a mark of the favour of the Mass" Government, if the subject matter of the said treaty had been imparted unto us, our Interest being insepar- able from theirs.
We shall take speedy care for the payment of the cutting the way up to Winnipishoky pond, and concurr w"' yo' Hon" opinion that the building the block-house be suspended for the present.
1722.] JOURNAL OF GENERAL ASSEMBLY, 63
"We shall take care to erect a fuud for the payment of all the just debts of the Province, As to the souldiers that went to Arowsick uud'' y^ command of Capt, Juo, Penhallow, the report of the committe being I'econsidered by y* assembly and settled as well for others as those, cannot make any alterations.
As to the repairs of Fort AVm & Mary, we [p. 262.] think the season to farr spent for any farther repair this fall, but shall not fail making pi-ovision in due season therefor.
As to the stock of the stores of the fort, we shall take it into consideration, and doubt not but to find some Avay to supply it.
AYe shall likewise consider what yo'' Hon'' mentious concerning his Excellency, and also what is necessary for the hon"''''-" support of this Province,
S*"- 18* 1722. Peter Weak, Speaker,
Capt, John Penhallow preferred a Petition to the board, Praying for a reconsideration of the last report of j'^ Com- mitte of Audit, w*"^ respect to him, and a further allowance for his service at the Eastward : he also preferred another Petition subscribed by Jno, Ladd and others praying for a further allowance to them for service as souldiers at the Eastward,
Adjorned till to-morrow ten o'clock, a, m.
Pro: N, Hamp^
At a Gen^ Assem, by adjorm* held at Portsmo, y*^ 19*'' Oct. 1722. Present in Council His Honour John Wentworth, Esq, Lt, Gov''. Sam' Penhallow ) -p Geo. Jaffry } ^
Mark Hunking \ ^^'^^- Rich'^ Wibird \ ^^'i^'
Tho, Packer, Esq. A message to the board by Capt. Gerrish and Mr. San- burn, with the following vote.
In the House of Rcprescn''* Oct 19'" 1722. Toted, That the established wages of all officers and souldiers in the service of this Province, done in tliis Prov-
64 PROVINCE or NEW-HAMPSHIRE. [1722.
incc for two years now next ensuing from the 17 of August last past, shall he for [p. 203.] a Captain, seven pounds per month ; for a Lieutenant, four pounds ; for a sargent & clerk, each fifty eight sliillings ; for a corporal forty five shillings, and for a centinel forty shillings.
James Jeffry, Cler. Assem.
In Council, Eodem die. Read and Concurred.
Rich'' Waldron, Cler. Con.
Mr. Clement Hughes, commissioner of the Excise, laid a Memorial before the board for restraining unlicensed per- sons from selling strong liquors, <tc. w*^^^ was read at the board, as on file.
Adjorned till tomorrow, 10 o'clock, a.m.
Pro: N. Hamp''
At a Gen' ^Issem : at Portsm° by adjornm* Oct. 20"^ 1722. Present in Council. His Honour John Wentworth, Esq. Lt. Gov'' Sam' Peiihallow } ^ Geo. Jaffry ) -p
Mark Hunking \ ^'''^^' Rich" Wibird j ^^^^• Tho^ Packer, Esq. A message to the house of Representatives by Messrs. Jaffry and Wibird, av"' a vote of Council for a Committe to examine the Treasurer's Accounts from July 1721, and to report the State of the Treasury, etc. By the same mes- sage Capt. Penhallow's Petition, and Lieut. Ladd's were sent down and recommended to the consideration of the house.
Adjorned till Monday next, 3 o'clock p. m.
1722.] JOURNAL OF GENERAL ASSEMBLY, 65
Pro : N. Hamj/.
At a Gen' Assem : by adjorm October 22^ 1722. Present in Council His Honour John Wentworth, Esq. Lt. Gov'' Sam' Penliallow ) Pich" Wibird ) ^
Mark Hunking [ Esqs. Tho^ Packer \ ^^^^' Geo. Jafifry )
Adjorned till tomorrow, 10 o'clock, a.m.
Pro. N. Hamp^
[p. 264.] At a Gen' Assem. by adjorm* October 23" 1722.
Present in Council
His Honour John ^"entwortli, Esq. Lt. Gov"^
Sam' Penliallow ) ^ Geo. Jaffry \ -^
Mark Hunking \ ^^^^- Rich^' Wibird j ^^^^•
Tho" Packer, Esq.
Adjorned till tomorrow, 10 o'clock, a. m. ^
Pro : N. Hamp^
At a Gen' Assem. held at Portsm" by adjornm' y'' 24^'^ October, 1722. Present in Council His Honour John Wentworth, Esq. Lt. Gov"" Sam' Penhallow ) Rich" Wibird ) -p
Mark Hunking [ Esqs. Tho« Packer j ^'^^• Geo. Jaffry )
A message to the house of Representatives by Rich" Wi- bird and Tho" Packer, Esq., with a vote for a committe to examine y* Muster Rolls of last summer, — w'^'^ was con- curred w*'^, and is as follows :
In the House of Representatives, Octob'' 24"" 1722.
Voted, That Jotham Odiorne, Esq. and Mr. Theod^ At- kinson, and Mr. Dennet be a Committe from this House to joyn with a Committe of the Upper house to examine the Muster Roles of the Souldiers in the service of this Province 6
66 PROVINCE OF NEW-HAMPSHIRE. [1722.
this last summer, in ord'' to he laid before this house for allowance. James Jeffry, Cler. Assem.
In Council, Eodem die. Eead and concurred; and Mark Hunking, George Jaffry and Rich'' Wibird, Esqs. appointed of the Committee on the part of the board for the service abovesaid.
Rich" Waldron, Cler. Con. Adjorned till tomorrow, 10 o'clock, A. M.
[p. 266.] Pro. N. IIamp^
At a Gen' Assem : held at Portsm° by adjornm' Ocf^ 25'^ 1722. Ilis Honour John Wentworth, Esq. Lt. Gov"^ 8am' Penhallow ) Ricli" Wibird ) -^
Mark Hunking [ Esqs. Tlio« Packer ( ^^^^' Geo. Jaffry )
A message to the house of Represen** "with a vote of Council for the Treasurer to provide two hundred pr. snow- shoes, &c.
A message to the board by Capt. Fellows w*'^ y® vote of Council for the Treasurer's providing snow-shoes, non-con- curred in the house of Representatives; and a vote of that house for the several Towns of the Province procuring Snow-shoes, &c. which was concurred with at the board, and is as follows:
In the house of Represen*^ Ocf 25, 1722. Voted That two hundred pair of snow-shoes, and so many pair of mogosoons be forthwith provided & made at the publick charge ; each town in this Province to make their proportional part according to their last prov : tax ; and that the selectmen in each town take care the same be done, and rate each town, and pay for the making thereof; and that the care of them be und' the chief military officer in each town, and they shall not be used at any time but for his Majesty's service, nor lent.
James Jeffry, Cler. Assem.
1722.] JOURNAL OP GENERAL ASSEMBLY. 67
In Council, Eodem die. Read and concurred.
Richard Waldron, Cler. Con.
A message to this board by Mr. Dennet, with a bill ag" retailing strong liquors without license, which was read and past in the house, the same being read three times at the board, Avas also past there and ordered to be Ingrost.
A message to the board by Messrs Tibbits and Sanljurn, with Mr. Treasurer Fenhallow's acct^ settled by the house of Representatives w%ut y*^ Council, [p. 2G6.] A message to the house of Representatives w**^ a vote of Council, for a Committee of both houses to joyn, to examine the Treasury accounts and report the State of the treasury to y'' Gen^ Assem: Avhich vote was returned non- concurred, by Capt. Gerrish and Capt. Gillman, by which message the house sent up also a resolve that it was their undouljted right to examine "and allow the Treasurer's ac- counts, as on file.
The Clerk of the Representatives came to the Council board and prayed in the name of the house, the Treasurer's accounts (sent up this day) to correct an error they had discovered, w''^ was granted.
Adjorned till tomorrow, 10 o'clock, a. m.
Fro : N. Hamp'.
At a Gen' Assem : held at Portsm" by adjornm* Octob'^ 26^^ 1722. Present in Council His Hon'' John Wentworth, Esq. Lieut. Gov"" Sam' Penhallow ) Rich'' Wibird ) ^
Mark Hunking [ Esqs. Tho^ Packer ] ^^^^^ George Jaffry ) A message to the house of representatives by Sam' Pen- hallow and Geo: Jaffry, Esq. with the vote of Council for having a Committee of l)oth houses to examine y*" Treas- urer's acct^ (which they had non-concurred yesterday) to bo further considered, which was brought back by Messrs.
G8 PROVINCE OF NEW-HAMPSHIRE. [1722.
Wiggiii and Tibbets without any alteration, who also brought up to the board Mr. Treasurer'^ accounts, which the Representatives had settled, but inasmuch as the said house of Representatives would not act in conjunction w*^ the Council in the settlement, the Council did not pass upon them, but ordered tbem to be filed as they were.
George Jaffry, Esq. produced and laid before the board a receipt under the hand of Mr. Treasurer Penhallow, for four hundred pounds which he had paid the said Treasurer, by ord' of y° Gen' Assem : of the first of Septemb'' 1722. In Council,
Ordered, neniine contradiconte. That the Clerk issue out a Proclamation for a public Thanksgiving to be observed throughout this Province y° 8"' day of Novemb'' next, and that it be in his Hon'' the Lieut. Gov^ name.
R. Waldron, Cler. Con. [p. 267.] A message to the board by Mr. Atkinson and Capt. Gillman, with the Committe's report on the Muster Roles, as follows :
AV'e the Committe do approve the fohowiug Muster Roles, viz. No. 1 Capt. Jiio. Knights Muster Eole £22: 17: 8
2 Capt. Paul Wentworth, ditto 17 : 2:4
3 Capt. Francis Mathew's, do 22 : 16:8
4 Maj^ Jno. Gilhnan ditto 269: 8:7
5 Capt. Josh"^ Week's ditto 19 : 13 : 4
6 Lieut. Juo. Sherburn, ditto 21 : 4:2
7 Capt. Juo. Gillman, ditto Cl: 15: 2
8 Capt. Jno. Wadleigh, ditto 21: 10: 0
9 Leiut. Joseph Beard, ditto G2: 17: 1 Capt Tini° Gerrish his account ah' cutting v" way to Winnipish-
oky: ]
Col. "Davis, ditto: o .- i ^ i.i r^ i a
Capt. Jno. Gillman, ditto: ( ^^^^ci-red to the Gen' Asscm.
Capt. Sam> Tibbits, ditto: J
Mark Hunking Geo. JatlVv Eichi Wibird Jotham Odiorne Eph" Dennet Theo. Atkinson.
1722.] JOURNAL OF GENERAL ASSEMBLY, 69
In the House of Representatives S^'"" 2G 1722. Resolved The above account of the Muster Roles re- turned by y^ Committe of Audit be allowed the Several Sums Entered against the officers names
James Jeffrey Cler. Assem. In Coumcil Eod™ die Read and Concurred.
Richard Waldron Cler. Con.
A Message to the house of represen* by Rich''' Wibird Esq with a vote of Council for preparing a bill to lay an additional Duty of Gunpowder on forreign vessels. [p. 268.] A message to the board by Cap' Gillman and Mr. Sanburn with the following accounts and votes of al- lowance upon them.
7i.r lo'ii 1722. Pro. N. Hami/. D-" To Cap' Tibbitts. Cap' Sam' Tibbitts 3 days Service in waiting on liis lion"" tlie Lieu' Gov"" in dispatcliing the Sould'''* to Winui- pishoky at 5s. P. daj^ 15
Pro N. Hamp'" Dr. To Cap' Jn° Gillman 7'"' lO"' 1722 For Service as overseer in cutting tlie way to Winnipishoky pond, being 10 days £2 10
iu that Service at 53 £- 5
9
9
£2 15- Pro. N. Ilamp--. To Tim° Gerrisli D' 7^' 10"^ 1722.
For service done in Cutting the road to AVinnipishoky pond being 8 days as Survey'' myself at ten shillings P. day ' ' £i
To John Wingate 8 days as Pilot at 5s
To W™ Hill 8 days as Pilot at 5s
To one Kittle lost in tlie service afores*^ — 6
Tim" Gerrish. £8 — 6
To Col" Davis for taking the whole care and management
of the affairs in Cutting y'= way to AVinnipishoky pond
8 days at 10s £^
Thom« Aldeu as Docf 8 days
Signed by Coll° Davis being new drawn. —
£6
70 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the house of Eepresentatives S^' 26 1722. The above account being referred to the Assembly, Eesolved that the above account be allowed as y* sums are Sett of.
James Jeffry Cler. Assem. In Coun. Eod™ die Read and Concurred.
Rich<i Waldron, Cler. Con.
[p. 2G9.] Memorandum of Service done the Province in scouting
to Winnipishoky pond, Feb-'y 1721,
To 3 men at 6 days each, at 5s P. viz' Benj* "Weutworth,
John Hayes & James Guppy £4 10
To Ditto Service done by (viz')
Jn" Wing-ate 30s being 6 days at 5s £110
Eleaz' Young 30s ditto • 1 10
AV" Hill 30s ditto 1 10
4 10 Oct' 1722. Errors Excepted P. Signed by Coll" Waldron and New di-awn.
In the House of Represent. Ocf^ 26'^^ 1727. The above account being Referred to the Assembly, Re- solved That the above sums be allowed as Set of.
James Jeffrey Cler. Assem. In Council Eod™ die. Read and Concurred.
Rich^ Waldron Cler. Con. Adjorned till tomorrow 9 a clock a. m.
Pro. N. Hamp'.
At a General Assembly Held at Portsm° by adjornment the 27"' October 1722. Present In Council His Hon-" John Wentworth Esq. Leiut Gov'" Samuel Penhallow ) ^_^ Geo. Jaffrey ) t-
Mark Hunking j ^^^«- Rich'^ Wibird | ^^^^•
Thom^ Packer. A Message to the board by Mess''^ Redman Fellows and Sanburn w"' the Petition of Cap* Jn^ Penhallow Sent^down
1722.] JOURNAL OF GENERAL ASSEMBLY. 71
y« 20*^ Instant, and the Petition of Leiu* Ladd [p. 270.] and others praying A Further allowance for their Service at the Eastward as Souldiers and also a new Muster Role made and preferred by the said Cap* Penhallow w'^ the sev- eral following votes on the said Petitions and Muster Role, (viz*) on Cap* Penhallow's Petition.
In the House of Representatives S*"'' 25"' 1722, The Prayer of this Petition is partly answered in the Mens Petition and no farther answer given to this Pe- tition.
James Jeffry, Cler. Assem.
In Coun. Oct^ 27 1722. Read and Concurred.
Rich-^ Waldron, Cler. Con. on Leiu* Ladds and the Other Sould""^ Petition.
In the House of Representatives 8^'^ 26*^ 1722. Voted, That the Souldiers that were under the command of Cap* John Penhallow at Arowsick have a further- allow- ance to the Muster Role that is made up of eight Shillings P. month each man for the time he was in the Service, & that Leiu* Ladd have an Addition of ten shillings P. month added to his former pay that was allowed, and the deserters y® same. James Jeffry Cler. Assem.
In Coun. Oct'- 27*" 1722 Read and Concurred.
Rich<i Waldron Cler. Con.
Entered on y*^ Muster Role as follows Ocf^ 27 1722. We of the Committee do allow of the within Muster Role and to be due thereon £125: 3: 8
Eph'' Dennet Mark Hunking
Joth. Odiorne Geo. Jalfry
Theo. Atkinson Rich*^ Wibird
In the House of Represent^ 8'"- 27*" 1722 Voted, The above addition to the former Muster Role be allowed and paid out of the Treasury.
James Jeffry Cler. Assem.
72 PROVINCE OF NEW-HAMPSHIRE. [1722.
In Council Eod™ die.
Read and Concurred.
Rich" Waldron Cler. Con.
[p. 271.] A Message to the board by Mess" Redman, Fel- lows & Saiiburn w"' the votes of Council for levying a tax of one thousand pounds, and Settling a Gunpowder Duty on forreign Vessels, voted by the house of representatives to have the consideration of them Suspended til y® Spring Sessions.
A Message to the house of Representatives by the Clerk with a vote of Council for Trustees to Exch'* y° old out- standing bills &G. W''^ was Concurred w'^ in the house & Returned by Maj' Gillman and is as follows. In Council 8""' 27*^ 1722.
Voted, That Mark Hunking Geo. Jaffry and Rich^ Wi- bird Esq be of the Trustees from the board to joyn w"' so many of the house to receive the five thousand three hun- dred & eighty four pounds in Equal parts for Exchanging the old out Standing bills according to the tenour of the Act. Rich. Waldron Cler. Con.
In the House of Represen*. Eod™ die.
Read and concurred and voted, That Col. Peter Wear, Col. John Plaisted and Mtij'' John Gillman be the Trustees from this House, to joyn w"^ those chosen by the Council to receive in equal parts w"' them the five thousand three hun- dred and Eighty four pounds for Exchanging y*^ old out standing bills according to the tennour of the act.
James Jeffry, Cler. Ass™.
Memorand'" the other votes past (for the distribution of y* 5384X aforcs*^) yesterday are vacated,
Rich'J Waldron, Cler. Con.
A message to the board by Capt. Gillman with tlie fol- lowing vote.
In the house of Representatives, 8''' 27'^^, 1722.
Voted, That the Sum of five hundred thirty eight
1722,] JOURNAL OF GENERAL ASSEMBLY. 73
pounds eleven shillings and three pence be delivered into the Treasury of this Province by the Committee that Signed the two thousand [p. 272.] eight hundred pounds, for the payment of the several muster roles, and accounts allowed by the Gen' Assembly, Octob' 26"', 1722, and that it be paid to the Several officers named in the Muster Roles, and the Several persons to whom the said accounts are due, and that the Command'' in Cheif for the time be- ing be desired to Issue out his warrants accordingly.
James Jeffrey, Clcr. Assem. In Council eod"^^ die. Read and concurred. Rich*^ Waldron, Cler. Con.
A message to the board by Mess" Wiggin and Atkinson, ^th j<2 following votes.
In the House of Represen, 8^'^ 27, 1722.
Voted, That His Excellency the Gov"^ be presented with
one hundred pounds to be paid out of the Treasury for his
support in manageing the affairs of the Government To
October, 1722. James Jeffrey, Cler. Assem.
In Council Eod™ die. Read and concurred.
Rich^ Waldron, Cler. Con.
In The House of Represen. &>' 27, 1722. Voted, That the Sum of one hundred pounds be pre- sented the Hon'^''*' the Lieut. Gov"^ for his great care and special Service done the Province, and that it be paid him out of the publick Treasury of this Province.
James Jeffrey, Cler. Assem. In Council Eodem die. Read and concurred.
Rich*^ Waldron, Cler. Con.
In the house of Represen. 8''^ 27, 1722. Allowed To Susanna Smal out of the Treasury twenty five Shillings being for y° Expences of Several Comittees in y^ last two years. James Jeffrey, Cler. Assem.
74 PROVINCE OP NEW-HAMPSHIRE. [1722.
Ill Conn. Eocl™ die.
Read and concurred.
Rich'^ Waldron, Cler. Con.
[p. 273.] A message to tlie board by M"" Redman, w*^ the following votes.
In the house of Representatives, 8'"' 27, 1722.
Voted, That there be Two Thousand pounds bills of Credit of this Province forthw"^ impressed and Signed by a Committe to be appointed by both houses, and be by them paid into the Treasury from time to time by order of the Gen' Assembly for defraying the charges of the Gov- ernment and for a fund to repay the same that it be raised by a Tax on the Inhabitants of this Province, one half in the year 1731, and the other half in the year 1732, and when brought into the Treasury to be burnt to Ashes in presence of the Gen' Assembly, the said bills to be repaid in money or Such Species as shall be agreed upon by the Gen' Assem. from time to time, and that an Act be drawn up accordingly, & that M"" Speak'' Wear, CoP Jn^ Plaisted & Maj' Jn" Gillman be of the Committe of this house to Sign the Same. James JefTry, Cler. Assem.
In Council Eod™ die. Read and concurred.
Rich-^ Waldron, Cler. Con.
In the House of Represen. S^' 27, 1722. Voted, That Andrew Wiggin, Esq., & W Theo. Atkin- son be of the Commite of this house to joyn with a Com- mitte of the upper house to draw up y^ Act for the emitting two thousand pounds now to be drawn.
James Jeffry, Cler. Assem. In Council Eod™ die. Read and concurred and Mr Jaffrey & Col. Packor ap- pointed on the part of the board to joyn y*^ gentlemen afores" for the service aforesaid.
Rich*^ Waldron, Cler. Con.
1722.] JOURNAL OF GENERAL ASSEMBLY. 75
[p. 274.] A message to the board by Mess" Atkinson and Sanburn with the following votes.
In the house of Represent. 8^' 2V^, 1722. Voted, That the Souldiers belonging to the Castle W" & Mary be paid their respective wages at two several times (viz.) the one half in March the other half in October, and so de anno in annum.
James Jeffrey, Cler. Assem.
In Council Eod" die. Read and Concurred,
Rich^ Waldron, Cler. Con.
In the House of Represen Ocf 27, 1722. Voted, That every town shall Ije supplyed w"' a copy of the act relating to Tippling houses in ord'' that the same may be published in each town w^^'in this Province, and that the clerk of the council be allowed for the same & paid out of the pul}lick Treasury.
James Jeffry, Cler. Assem.
In Council Eod™ die Read and concurred. Rich"^ Waldron, Cler. Con.
In the House of Represen. Ocf 27^'' 1722. Voted, That four hundred eighty six pounds eight shil- lings and nine pence be delivered to the Treasurer by the committee that signed the two thousand eight hundred pounds, for payment of the farther allowance of Capt. Penhallow's Muster Role, and the Account allowed Mrs Smal, Sjaid sum being the ballance of the 2800X and if any over plus to remain in the Treasury til further ord"".
James Jeffry, Cler. Assem.
In Council eod°' die.
Read and concurred.
Rich'' Waldron, Cler. Con.
[p. 275.] A message to the board by Capt Tibbits, w*'^ the bill entitled an act for striking and emitting a further sum of bills of credit which had been reported to the
78 PROVL\CE OF NEW-HAMPSHIRE. [1722.
house of representatives by the committee ap];ointed to prepare the same, and which had been several times read in the house, and was there passed to be enacted, which said bill was read three times at the board & there also past and ordered to be engrost.
A message to the house of Representatives by the clerk to require their attend'"^ at the board. The speak'" and house came accordingly and then the two bills which were past this session being signed and sealed in presence of the Gen^ Assembly, (namely)
1^' an Act to Prevent the Retailing & selling strong drink without license, &
2*^ An Act for striking & emitting a further sum of bills of credit.
His Honour was Pleased to prorogue the Gen' Assem & accordingly they were
Prorogued till the tenth day of December next.
[p. 276.] Pro:N. ^amp^
At a Gen' Assembly held at Portsmouth by Prorogation Decemb"" 10"', 1722. Present In Council, His Hon'' John Wentworth Esq. Lieut. Gov"" Sam' Penhallow ) Rich^^ Wibird ) ^
Mark Hunking [ Esq. Tho« Packer \ ^'^•
Geo. Jaftry )
A Message to the house of Represent, by Samuel Pen- hallow and George Jaffry Esq. with a vote of Council for Col" Hunking to be Recorder, etc
A Message to the board by Cap* Gerrish and Mr. San- burn wth a Resolve of the house for the Treasu'" laying his accounts before them in ord"^ to be adjusted as on tile.
George Jaffry Ksq. laid before the board a receipt und"' the hand of Mr. Treasur"^ Penhallow for four hundred eighty nine pounds three shillings Prov : bills paid into the
1722.] JOURNAL OF GENERAL ASSEMBLY. 77
Treasury (being part of the 2800£) wliicli was ordered to be minuted.
Rich'' Wibird Esq. laid before the board a receipt und"^ Mr Treasu^ Penhallows hand for three hundred and thirty one pounds four shillings paid into the Treasury w'^'' was ordered to be minuted, being part of the 2800X.
A Message to the board by Cap' Gillman, w"' the follow- ing vote.
In the house of Represent X"-^ 10*^, 1722.
Toted, That a committo of this house be chosen to joyn with a committe of the upper house for adjusting the Treas'^ accounts before he goes of and That Jn'' Plaisted Esq. Cap' W" Fellows, Mr Theo Atkinson, Mr Eph^ Den- net and Mr Clerk Jeffry be of the committe from this house for that end, and that an Express be sent his ExcelP^' to call the assem. immediately to sitt again for adjusting and discharging said accounts.
James Jeffry, Cler. Assem.
[p. 277.] In Council Eod'" die.
Read and Concurred and voted That Mark Hunking Geo Jaffry, Rich'' Wibird Tho" Packer & the clerk of the Council be of the committe on the part of y° board for the service aforesaid.
Richard Waldron, Cler. Con.
Ji. Message to the house of Represen. by the clerk to re- quire their attend*^ at the board the speak"^ and house came accordingly and were then acquainted by His Honour that he liad received possitive directions to prorogue or adjourn the Gen' Assembly till y^ 20"^ of 'Feh'^ and therefore could not continue the session to finish the busyness, now und' consideration ; but with all that he would Immediately send a dispatch to his Excellency for liberty to meet and sitt on Thursday next to finish the present necessary affairs & therefore desired all the memb" to be in town at that time that the appointment of a Recorder and the adjust- ment of the Treasurers accounts might meet no further
78 PROVIiNCE OF NEW-HAMPSKIRE. [1722.
impediment. Tlieii Ilis Hon'' was pleased to adjorne the Gen' Assembly and accordingly they were
Adjorne till the eighteenth day of February next.
[p. 278.] Pro : N. Hamp"-
At a Council held at Portsm" X*^-- m^ 1722. Present His Honour Jn° Wentworth Esq. Lieu' Gov'^ Sam' Penhallow ) Rich'^ Wibird
Mark Hunking S Esqs. Tho« Packer { ^^^'
Geo : Jatfry ) Whereas the Gen' Assembly of this Province stand ad- jorned to the eighteenth day of Feb''^ next and His majes- tys service and pressing affairs of this Government require a special sessions at this time Ordered that the Clerk forth- w^'^give notice to the memb''^ of the house of Represent, to meet and sitt this day at Three oclock afternoon in Gen^ Assem for His Maj"** Service, and accordingly they were notify ed.
[p. 278.] Pro: N. Hamp'
At a special sessions of the Gen' Assembly held at Portsm" f 13*'^ Decemb 1722. His Honour John Wentworth Esq. L* Gov^ Sam' Penhallow ) -^ Geo : Jaftry )
Mark Hunking j ^^^^' Rich-^ Wibird [ Esqs.
Thos : Packer ) A Message to the board by Cap* Fellows and M"" Sanburn with the vote of Council sent down the 10''' Instant appoint- ing Col° Hunking Record'' nonconcurred by the house as on file : by the same message the following vote.
In the house of Represen' X^^ 13"' 1722. Voted Tliat the Recorder of Deeds for this Province be chosen every Three years at the Spring sessions from the next spring sessions.
James Jeffry, Cler. Assem.
1722,] JOURNAL OF GENERAL ASSEMBLY. 79
In Council Eod™ die. Read and Concurred.
Rich'i Waldron, Cler. Con.
[p. 279.] A message to tlie board by Messrs. Atkinson and Dennet with the following votes.
In the House of Represent X"-^ W^ 1722. Voted That CoP Mark Hunking be the Recorder of Deeds for this Province and that all the books of records and files of papers belonging thereto be forth""" delivered into his hands, he giving a receipt for the same and taking an oath for the faithfull discharge of his office.
James Jeffrj, Cler. Assem.
In Council Eod™ die. Read and Concurred. Rich'^ Waldron Cler. Con.
In the House of Represent X*^"^ 13"' 1722. Voted That John Plaisted Esq. Cap' W^^ Fellows, Mr Eph^ Dennet, Jotham Odiorne Esq and Mr Atkinson be of a committee of this house to joyn with a committe of the board to take y® records and files thereto belonging from Mr Record'^ Penhallow and deliver them Col° Mark Hunking taking his receipt for the same.
James Jeffry Cler. Assem. In Coun* Eod™ die. Read and concurred and Rich'^ Wibird & Tho^ Packer aj5pointed to joyn the Gentlem" aboves'^ for ye service above said. Rich^ Waldron, Cler. Con.
In the House of Represen* X"-" 13"^ 1722. Voted that the return of the Auditors on Mr Treas'' Pen- hallows acc'^ be accepted and the acc*^ be allowed.
James Jeffrey, Cler. Assem.
In Council Eod™ die.
Read and Concurred Richard AYaldron, Cler. Con.
[p. 280.] Memorandum
The Auditors reported that Mr Treasurer Penhallows General Account for the year 1722 was well vouched and
80 TROVINCE OF NEW-HAMPSHIRE. [1723.
right cast, and that tliere is duo to Ijallance from the said Treasurer thirty six pounds nineteen shillings as endorsed on the said account on file.
A message to the board by Messrs Downing and Sanburn w*^ the following vote.
In the House of Represen* X*"^ Vd'^ 1722.
Voted That John Plaisted Esq. Capt William Fellows,
Mr Eph'' Dennet be of the committe from this house to
joyn w'" a Committe of the upper house to take the stores
that are left in the Treasury, and deliver them the new
Treasurer.
James Jeffry, Cler. Assem.
In Council Eodem die.
Read and Concurred. Richard Waldron Cler. Con. And Coll*^ Hunking, Mr Wibird and Mr Packer appointed from the board to joyn the Gentlemen above for the service above. Richard Waldron, Cler. Con.
A Message to the house by the clerk To direct their attend*"^ at ye board the Speak'' and house came accordingly and then His Hon'' was pleased To prorogue them and ac- cordingly they were
Prorogued To the 18"' day of Feb-'^ 1722-3.
[p. 281.] Pro. N. Hamp--.
At a Gen' Assem. held at Portsmouth by Prorogation y' 18*" day of Yeh'^' 1722-3. Present In Council His Honor John Wentworth Esq. Lieut. Gov"' Mark Hunking ^ Geo : Jaffry v Esqs. Tho^ Packer ) A Message to the house of Represen* by the Clerk to re- quire their attend^ at the Council board, the speaker and house came up accordingly & his Honour was pleased to make the following Speech.
1723.] JOURNAL OF GENERAL ASSEMBLY. 81
Gent.
This being the first time I have seen you since his Excellency our Govern"' Embarked for Great Brittain where I hope he is ar- rived in safety, and we may expect his return to us again some time in the months of September or October next which I thought jjroper to communicate to you,
I am sensible that his Excellencys suddain leaving us, had laid me und"" some difficulty and the more so since we have a waiT upon us.
I promise myself that my Council will at all times and more especially at so critical a juncture as this give me their faithfull advice, and I have uo less I'eason to believe but the house of Rep- resent will give me all aid & assistance for the better and more honourable support of y^ Goverm' and so enable me to carry on our proportion of the Indian AYarr, which we are now engaged in so as that our neighbours may have no just cause to censure u8 on that head.
It has been the practice of this Goveimment on several occasions to address His Maj'y, and I think it much so our duty now, since we have the certain advice of a wricked and bloody conspiracy formed ag*' His Majesty and His whole Royal Family, — the subver- sion [p. 282] of our happy constitution both in church and state, but by the good Providence of Almighty God it was timely dis- covered.
I would put you in mind that the Treasury is empty which is not for the honour or interest of the Government more especially in time of Warr and that there are some few debts due from the Province that ought to have been discharged the last fall and some now due, you may be assured I will take effectual care that the money which comes into the Treasury shall be applyed to the ends it was raised for and no other.
I hope a few days will finish what we have to do at present, the Time of our Spring sessions drawing near, by which time we may expect to hear from Great Brittain which may enable us the bet- ter to manage the aftairs of the ensuing year.
You may be assured that whatever you offer to me that is in my power to grant for His Maj'^^ service and the good of this Prov- ince you shall have my hearty concurrence thereto.
John Went worth.
Adjorned til Tomorrow, 10 o'clock, a. m. 6
82 PROVINX'E OF NEW-HAMPSHIRE. [1723.
Pro. N. ITami/.
At a Gen' Assem held at Portsm°
by adjornm* Fel/>' 19*" 1722-3. Present in Council His Honour John Wentworth Es(|. Lieut Gov^ Mark Hunking | y Shad" Walton j j,
Geo : Jaffry \ ^^"^^ Thom^ Pack=- ] ^-*1^- Memorand'" This day was delivered to the Gen' As- sembly by the Grand Conimitte (for y*' fifteen thousand Pounds) three hundred and twenty one pounds whicli was burnt to ashes in i)resence of the said Gen' Assembly of which said sum of i521<£ the s,^ Grand Committee are here- by discharged
Rich'' Waldron, Cler. Con. Adjorned til 3 oclock P. M.
[p. 283.] Prov : N. Hamp.
Mett again according to adjournment. Present As Before. A Message to the Board Ijy Capt Gillman and Mr Den- net wi"' an answer to His Hon'" Speech as follows.
In tlie House of Represen' Feb. 19"^ 1722-3. May it Please yo' Honour.
His Excelleucys aflairs calling- liiui over to Great Brittain, "\Ye ■n"' pleasure behold your Honour in the Chair Invested with the power of Command'' in Chief over the atiairs of this Government.
AVo Assure your Honour that in our Station we shall taithfuUy aid & assist you at all times and shall readily grant such supplyes as sliaJl be necessary to support the Honour of y*^ Government and for the discharging all just Debts contracted upon the Gov- ernment, w"' a particular regard to the Indian Warr, So as our neighbours ingaged w"' us in y'^ same warr shall have no reason to coini)lain.
We are Heartily willing tojoyn w"' your Honour and The Hon- ourable board in a Congratulatory address to His Majesty upon His Wonderfull Deliverance from those Hellish Plotts & Contriv- ances thatAvere laid for His destruction w* all tlie Royal Family. We desire yo"^ Honour would be pleased to order an account of
1723.] JOURNAL OF GENERAL ASSEMBLY. 83
tliose debts to be laid before us that are yet unpaid w"' an esti- mate of the contingent charges tliat may liappen between this and tlie Spring Sessions.
We s]iall endeavor to dispatch wliat lyes before us in as short time as the nature of the atiairs will allow.
We shall entirely depend upon yo'' Honours Prudent care and management in the atiairs of the Government and especially the warr & in the Good Improvement and husbanding the Publick Treasure.
Petkr Weare Speak""
[p. 284.] A Message to the House of Representatives by the clerk, w"^ a vote of Council for a committe to pre- pare the draught of an address to Ilis Majesty.
Humphry Sullivan Preferred a Petition to the board Praying for 50 £ to be paid him by y® Town of Dover for liis service there as schoolmaster ttc. for reasons therein mentioned, w"^^ Petition being read It was ordered that the select men of Dover be served with a copy of said petition and this order, who are hereby directed to give answer thereto To his Honour the L' Gov"^ at or before the fifteenth day of March next.
A Message to the board by Maj"" Gillman and Capt. Tib- liits w"' the following vote.
In the house of Representatives Feb'-'' 19"' 1723.
On the petition of James Cate Whereas Jeremiah Lary who was hired by said James Cate to serve in his room to scout the frontiers und"^ y*" Conunand of Maj'' J"° Gillman and being omitted in the said JMaj"" Gillman's Muster Role, prays he may be allowed a centinel's wages for twenty three days service.
Voted that he be allowed ccntincls wages for twenty three days service, and payed out of the pulilick Treasury.
James Jeffry, Cler. Assem.
In Council Eod'" die. Read and concurred.
Rich'^ Waldron, Cler. Con. Adjorned til to-morrow 10 oclock a : M :
84 PROVINCE OF NEW-HAMPSHIRE. [1723,
Prov N, Ilamp.
At a Gen' Assem^ held at Portsm°
by adjoniment Feb 20'", 1722-23- Present In Council The IIoii^'*' John Wentworth Esq. L' Gov'', Mark Hunking ) ^^^ Shad=^ Walton ) ^
Geo. Jatfry i ^^^- Thomas Pack'' \ ^^^■
Mr. Joseph Hewston in behalf of himself and many others late from Ireland, preferred a Petition to the board praying for a Tract of in land to settle upon in tlie miap- propriated parts of this Province.
In Conn, Granted, That the Petitioners may [p. 285.] look out for a Tract in the unappropriated & unimproved lands of this Province of eight miles square and report the bounds to His Honour in order to be incorporated in May next.
Rich^ Waldron Cler. Con. A Message to the board by Mr Dennet, w"' the following vote,
In Council, Feb'^' 19"' 1722-3. Voted, That George JafTry Esq, and the Clerk of the Council be of the Committee from this board to joyn such as may be chosen by the house of Representatives to pre- pare the draught of an address to His Majesty on His late happy deliverance from a hellish plot &g.
Rich^ Waldron Cler. Con. In the house of Represen* Eod™ die Read and concurred and Voted That Jotham Odiorne Esq. and Capt William Fellows be of the committe of this house to joyn those Gentlemen of the upper house for the end above said.
James Jcffry Cler. Assem.
A Message to the board by Capt Samuel Tibbits and Capt John Gillman, with the following vote.
In House of Reprcsen, Feb, 20"' 1722-3. Voted, That there be signed of the Two Thousand
1723.J JOURNAL OF GENERAL ASSEMBLY. 85
pounds now ready impressed three hundred pounds and ])ut into the Treasury for payni* of sundry Debts due from the Province and other contingencys that may happen between this and the Spring sessions, and that the Treasurer forth"'"^ call in all the monys and debts due to the Province for Import Export Excise [p. 286.] & Interest that it may be accounted for at the next sessions.
James Jeffry Cler. Assem. In Coun. Eod'" die. Read and Concurred.
Richard Waldron, Cler. Con.
In the house of Represen. Feb. 20*" 1722-3. Ordered, That Mr. Treasurer Jaffry demand and receive from the late Treasurer Mr Penhallow the ballance of His account made up and due to the Province and that the Present Treasurers Receipt shall l)e a full discharge to the former treasurer for the same sum.
James Jeffry Esq. Cler. Assem. In Coun Eodem die. Read and Concurred.
Richard Waldron Cler. Con.
Geo. Jafifry Esq. Reported to the board a draught of an address to His Majesty w'^'^ was sent down by the clerk and being accepted by both houses was fairly drawn and Given to tbe Lieut Gov'' which is as follows ;
To tlie King-'s most Excellent Majesty, The humble address of (he Lieut Gov'' Council and representatives of your Maj'>* Province of New Hampshire in New England in America convened in General Assembl}'.
3fost Gracious Sovereign :
AVe your Majestys most loyal & dutiful! subjects do unani- mously for our selves and in The name of all the peoi)lc of this Government humbly take leave to prostrate ourselves at your lioyal Feet and manifest to your [p. 287.] Majesty our unfeigned and boundless Gratulations for the late seasonable & mcrcyfull discovery of the blackest and most horrible Tragedy Hell itself could project; by which means your majesty's most sacred Person
86 PROVINCE OF NEW-HAMPSHIRE. [1723.
and your Illustrious family were delivei-cd from the danger of a bloody masacre and murtlierous conspiracy and even the liapi^y constitution of your kingdoms and Dominions both in church and state with your subjects propertys and privileges preserved (from Popish chains and Romish slavery) which were all to be destroyed by the same fatal blow. We adore the Intinite Goodness of the Omniscient on this account, who hath brought to light this dark and deep design and we do unitedly and earnestly pray that the same tender regards of Heaven which hitherto have may ever yet surround your majesty and that the Almighty Arm of y"= King of Kings may at all times be stretched out for y'^ defence of your Majesty against all secret attempts & open violences. That the Crown of Great Brittain may sitt fast and flourish on your maj- estys head many years yet to come, and that after you shall change this for a Ileavenlj'^ Crown, the Throne of those Kingdoms may be tilled by a Protestant Prince of your most Illustrious family till time shall be no more ; and we do also at this time with the Greatest humility beg leave to Testify to your INIajesty the ab- horrence and detestation we have conceived against a Popish Pre- tender and His Adherents, and more especially such of them as are your Majestys lawfull subjects, and tyed in subjection not by laws alone, but by the most mild and mercyfull administration that liberty itself could wish for and freedom desire, the Influ- ences whereof have reached y^ remotest regions in your Majestys Dominions even this little distant American Province which has rejoyced in y« felicity and Privilege of being your subjects.
And while we are yet addressing We the Council and Repre- sentatives [f. 288.] with utmost submission ask liberty To Tender to your Majesty our hearty thanksgiving for your gracious care concerning us in having the chair of this Government from time to time furnished with Governours of known loyalty worth and dis- tinction and at this time by one Avho.se administration has hitherto been and we promise ourselves will continue to be, meritorious of your Majestys smiles and of your peoples prayers for His con- tinuance. We are
May it Please your Majesty Your Majestys
Most Loyal, Dutiful! and obcd' Subjects
Rich<* Waldron Cler Con. P ord-- of y« II IP'« y<= Lt Gov"- & Conn.
By order of the House of Representatives
Peter AVear, Speak''.
1723.] JOURNAL OF GENERAL ASSEMBLY. 87
A Message to the houses by the clerk to require their attendance at the board. The Speaker and house came up accordingly and then Plis Honour was pleased To Prorogue the General Assembly and accordingly they were
Prorogued
Till the 20"' day of May
1723.'
[p. 289.] Pro. N. Hamp.
At a General assembly Held at Ports- mouth by Prorogation the 20"' day of May, 1723. Present in Council, His Honour John Wentworth, Esq. L* Gov" Mark Hunking ) -^ Rich'' Wil)ird ) , ^ .
Shad'-' Walton J ^"'i^ Tho^ Packer \ ^''^^
A Message to the House by the Clerk to desire their at- tendance at the board the Speaker and House came accor- dingly and his Honour was pleased to make the following speech.
Gentlemen —
Its with Great Satisfaction tliat I meet you at this tune, and hope with minds well prepared for the speedy going through what remained of y'^ last years business, and then pass on those things that concern the Present year.
You may remember tliat I recommended to you the laying a Tax on the Inhabitants of a thousand pounds in order to les.-en our Public Debts. I then told you tliat the Growing charge ot the Province was such that if avc did not find out some way for discharging our Debts as we went along, that in time it would bring the burthen to be very heavy which I hope you will Season- ably prevent by taking proper Methods for the lessning thereof.
I did hi the Proper Season of y'^ year provide plaidc TimI)or stone and lime at y'' cheapest rate I could for repairing His ?^Iajes- ty's Fort W" & Mary at New Castle, and I hope you will take care to provide for that repair.
I have taken all proper measures to defend our frontier Towns from y' Insults of the Indians by keeping out Small Scouts, Avhich
88 PROVINCE OF NEW-HAMPSHIRE. [1723.
by y° blessing- of God has proved successful! hitlierto So that not a man has fallen by the enemy in this Province Since the warr.
[p. 290.] I have with the advice'of the field oflficers sent a small Party of men to Winuepishoky pond und"^ Command of Cap* John Gillman they are gone twelve days March to that part of the pond where their fishing- ware is fixed in ord' to make what discovery they can of the enemy which I hope will have its desired effect.
I am to let you know that I have received a letter from His Ex- cellency our Governour dated in London March y*^ 6"^ last i)ast in which he advises me of His Safe arrival there, and that he in- tended to return to this Country in three or four months, and as he has promised to do every thing in his Power to serve this Prov- ince, So I think I should be wanting in my Duty to him. If I did not recommend to your Consideration the usual allowance made him when present w* lis.
I would recommend to you that proper care may be taken for the discharging- what debts remained due from the Province for the year past and also for y^ Present year's expence as the Scout- ing and going to Winuepishoky pond &c. also that you will take proper care for the Hon'^''^ Support of this His Majesty's Goverm' and if you have anything to offer that is for His Majesty's Service and the Good of this Province you arc always sure of my hearty Concurrence.
Jn° Went worth.
A Copy of the foregoing Speech was Sent down to the House by the Clerk at the request of M"" Speaks Adjorned til 3 o'clock P. M.
Pro. N. Hamp^«.
Mett according to adjornm*. Present In Council As Before. Adjorned Till tomorrow 10 o'clock a. m.
[p. 291.] Pro. N.IIamp-.
At a Gen' Assembly at Portsm° by adjornm* May 21^' 1723. Present In Conn' His Hon'' John Wcntworth, Esq. Lieu' Gov'" Mark Hunking | .. Rich'' Wibird ) j.
ShadMValton \^''^- Tho^ Packer \^''^^'
1723.] JOURNAL OP GENERAL ASSEMBLY. 89
M"" Joslr'' Pierce Publick Register of Marriages, Births and Burials for the Province represented In writing under his hand that the laws relating to that affair was Imperfect &c. which was read at the board and sent down to the house by the Clerk.
Adjorned til 3 o'clock p. m.
Pro. N. Hamp^«
Met according to adjornm* Present In Coun' as Before. Also George Jaffry Esq. Rich'^ Wibird Esq. laid before the board a receipt for 302<£ 5s w*^^ was ordered to be entered and is as follows.
Received March 4"' 1722-3, three hundred and two pounds five Shillings Province bills of the Committe j^r Mr "Wibird for Supply of the Treasury pr order of the Gen- eral assembly.
£302: 5 Pr Geo : Jaffry Treasurer
A Message to the House by Geo : Jaffrey and Rich'' Wi- bird Esq with a vote for a Committe of both houses to audit y° Publick accounts &c.
By the Same Message a vote to restrain y* the firing Guns in y*' day time during the Present Indian Warr. Adjorned Till tomorrow 10 o'clock a. m.
[p. 292.] Pro.'H. Harap^«
At a Gen' Assembly at Portsni° by adjornment May 22" 1723. Present In Council. His Honour John Wentworth Esq Leiu' Gov'' Mark Hunking ^ Rich'' "Wibird ^
Geo : Jaffry V Esqs Tlio' Packer > Esqs.
Shad=» Walton ) John Frost )
A Message to the board by Cap' Downing and Cap' Fel- lows with y'' Councils vote for a Committe of both houses
90 PROVINCE OF NEW-HAMPSHIRE. [1723.
to auditt y° publick accounts Sent down yesterday non con- cuiTed and a vote of the house for laying all accounts be- fore them for approbation and allowance as on file. Adjorned till 3 o'clock P. M.
Pro. N. Hamp^°
Met according to adjornment.
Present as Before.
A Message to tlie board by Messrs Odiorne and Sanborn
with a vote as follows.
In the House of Rej^resentatives May 22'' 1723.
Voted, That Jotham Odiorne Andrew Wiggin Esqs Mr
Theo'' Atkinson and Mr Eph-' Dennet be of the Committe
from tliis house to join with a Committe of the upper house
to examine the claims and demands and audit the accounts
of all persons to be laid before the Gen' assembly at this
Sessions for allowance, and that they make their report as
soon as couveniency will permit.
James Jeffry Cler. assem^'.
In Conn' Eod'" die.
Read and Concurred and Voted That Mark Hunking
Rich'' Wil)ird and John Frost Esqr be of tlie Committe
from the board for y® Service above.
Richard Waldron Cler Con
[p. 293.] A Message to the board liy Cap* Downing and
Cap' Tibbits with an answer to His Hou'''^ Speech as follows.
3Iay it Phase your Honour.
In your Honours Speech to this house of the tweulieth Instant you are pleased to manifest your satisfaction of meeting this house at tills time. We heartyly rejoice to See your Honour in the Chair of the Government of this His Majestys P)-ovince and shall be as cx])editious in any affair that may lay before us as possible.
The Kaising- oue thousand pounds mentioned by your Honour ou the Inhabitants within the Province for defraying the charges thereof is what we think very Reasonable and Shall take due care therefor.
1723.] JOURNAL OP GENERAL ASSEMBLY. 91
As to the Fort W" & Mary Ave think a Committe to view what is necessary in order to Its repair might be proper and Shall readyly come into anything thonght Reasonable on that head.
We are Sensible of and very tlianklul To your Honour for your Great care in defending our frontiers by scouts and are of opinion that y« scout und"" the Command of Cap' John Gillman as well as those other smaller ones has been very serviceable and Shall cheer- fully defray any reasonable charge that has arose thereon.
We rejoice to hear of His Excellencys safe arrival in Great Brittain and shall not fail paying all due regard to his Person and Commission when he returns our Governour.
As to the other afiairs Such as defraying the Province Debts already contracted together with a Suitable Provision for tlie Hou^'^ Support of the Goverum' is what will not be forgotten by us,
Peter Wear Speak^
[p. 294.] A Message to the board by Messrs Fellows Downing & Tibbits w"' a vote of the house for a Triennial Election of Assemblymen and for a Committe to prepare the bill etc as on file.
Adjorned till tomorrow 10 o'clock a : M.
Pro. N. Hamp'"''.
At a General assembly held by adjorn-
nient May 23, 1723. Present In Coun' His Honour John Wentworth Esq L' Gov"" Geo JaffVey ) Tho^ Packer ^
^^•^m\V-^"^5 r'"^'- John Frost \^''^'-
lliclr W ibird ) '
A Message to the board by Cap* Tibbits and Mr. Sanborn with the following vote.
In The House of Represen'^ May 28'^ 1723.
Voted, That the whole house (excepting the Committe of audit) be a Committe to Joyn a Committe of the upper house to view the Fort William and ]\rary at New Castle this afternoon and make report thereof to the Gen^ assembly. James Jeffry Cler. assem'-".
92 PROVINCE OP NEW-HAMPSHIRE. [1723.
In Council Eod'''' die.
Read and Concurred and Geo : Jaffry Shad'* Walton and
Thomas Packer Esq. appointed to Jojn the Gentlemen
above for the service above.
Rich'' Waldron Cler. Con.
By the Same Message a vote of tlie house To authorize tlie Military Commission officers of y'' Province to make a By-Law for restraining y*^ unnecessary firing Guns during the Present Ind" warr as on file.
Joseph Chesley Preferred a Petition to the board directed to tlie Gen' assembly Praying for an allowance out of the Treasury being wounded in the head by Jn° Davis for rea- sons therein expressed w*^'' being read at the board [p. 295.] it was sent down to the house of Representatives by the Clerk.
Adjourned Till tomorrow 10 o'clock a. m.
Pro. N. Hampshire
At a Gen' assem by adjournmt May 24"" 1723. Present In Council, His Hon"" John Wentworth, Esq Lieu' Gov'' Mark Hanking ) Rich'' Wibird )
Geo : Jaffry V Esqs. TIk/ Packer J Esqs.
Sbad Walton ) Jn'' Frost )
A ilessage to tlie board by Maj"" Gillman w'*" Joseph Chesleys Petition sent down yesterday voted by the house to l)e dismissed which was again sent down by Geo : Jaffry Esq to be reconsidered.
Mess"" John Kniglit John Downing Jun'' and Jno Fabyan Preferred a Petition in behalf of Newington Praying for a line and an enlargement &c wdiich was read and sent down to the house by George Jaffry Esq. Adjorned till 3 o'clock p. m.
1723.] JOURNAL OF GENERAL ASSEMBLY. 93
Fro. N. Ilamp.
Met according to atljonrnment. Present as Before. A Message to the board by Mess''^ Fellows and Sanborn with the Fetition of Newington sent down in the morning ^ytii ye following vote.
In the House of Represen'^ May 24"' 1723. The said Fetition being Read, Voted that the Town of Portsm" and Farish of Greenland be served w"' Copys of the Fetition by the Petitioners and notifyed to answer at the next sitting of the assem^' and shew cause if any why the prayer of the Fetition may not he granted.
James Jefifry Cler assem.
In Conn' Eod"' Die. Read and Concurred.
Rich'^ Waldron Cler Con.
[p. 296.] A Message to the House by the Clerk with a vote of Council to Impower the Selectmen in each Town to agree w"' a bellman to walk through their Respective towns in the night season and to pay him for it by a Tax on the Inhabitants.
By the same Message anotlier vote of Council for repeal- ing the act Entituled an act to Encourage y° Frosecution of the Indian Enemy and Rebels, and for preparing a bill forthwith by the same title with greater Encouragements &c.
Adjorned til tomorrow 10 o'clock a. m.
Fro : N. Hamp'^
At a Gen^ assembly by adjornment
May 25"' 1723. Present In Coun' His Hon"" John Wentworth Esq Lieu* Governour Mark Hunking ) Rich'^ Wibird )
Geo : Jaffry [ Esqs Tho* Packer [ Esqs
Shad^ Walton ) John Frost )
A Message to the board by Maj'' Gillman & Cap* Gill-
94 PROVINCE OF NEW-HAMPSHIRE. [1723.
man w"' tlie Petition of Josepli Chesley as on file and vote of allowance thereon as follovv's
In the House of Representatives, May 25, 1723. On a rehearing of Joseph Chesleys Petition Voted, That the Petitoner be allowed fifteen pounds and })aid him out of the Publick Treasury.
James Jeffry Cler assem'^'.
In Council Eod™ die. Read nnd Concurred.
Richard Waldron Cler. Con.
By the same Message the vote of Council for Repealing the Act Entituled an Act to Encourage the Prosecution of the Indian Enemy and Rebels &g which was Sent down yesterday, concurred w"^ by the house as on fde, "Where- upon the Clerk was ordered forthw"' to prejiare a bill ac- cordingly.
A Message to the board by Maj"^ Gillman and Cap' Odi- orne with the Report of the Committe [p. 297.] appointed to view Fort William and Mary w*"" the Votes thereon as follows.
We the Committe of both houses agree that the Treas- ury be Su|)plyed with one hundred and fifty pounds for the repair of Fort William and Mary to be applyed first to the Platform and y** Remaind' to Stone work.
Peter Wear at y*' request Geo : Jaffry in behalf
of the house of y*^ Committe of Coun^
In the House of Represen' May 25"' 1723. Voted, That the above Report be accepted and that a Committe of both houses be chosen to agree Avitli any person or Persons to perform the work at the cheapest rate they can, and that notifications be Sett up in Each Town to give notice for any person or persons to meet Said Com- mitte at the Fort at a day by them therein appointed to agree with them for the same.
James JefTry Cler assem-'.
1723.] JOURNAL OF GENERAL ASSEMBLY. 95
111 the House of Represeu' Eod™ die. Voted, That Jotham Odiorne Jolin GiUmaii and John Plaisted Esq be of the Committee of this house to joyn with a Committee of the upper house to agree witli Person or Persons to do the work at tlie Fort according to the above vote and That His Honour the Leiu* Gov'' be desired To Inspect the well-doing thereof.
James Jeffry Cler assem.
In Conn' Eod'" die.
Read and Concurred and Shad"" Walton, Tlio" Packer
and Jii" Frost Esq appointed to joyn y^ Gentlemen above
for the service above.
Rich*^ Waldron Cler Con
Adjorned till \Yednesday next y^ 29"^ Instant.
[p. 298.] Pro N. Hamp^'^
At a Gen^ Assem' by xVdjornment at Portsm" May 29'" 1723. Present In Coun' His Honour John Wentworth Esq Lieu' Gov' Mark Hunking, \ Rich'^ Wibird [ Esqs Tho« Packer ) Adjorned til 3 o'clock P. m.
Pro : N. Hampshire.
Met according To Adjornment. Present as Before also Geo : Jaifry ^ Shad--^ Walton [ Esqs Jn° Frost )
The Clerk of the Council laid before y" board a ])ill which lie was ordered to jjrcpare y^ 25'" Instant Eiiti(uled an Act to Encourage the ProseciUion of the Indian Enemy £f
96 PROVINCE OF NEW-IIAJIPSHIRE. [1723.
Rebels and to Eejjeal an Act of the Same Title made and past ye first day of September, 1722, which was read and Sent down to tlie house of Representatives by Geo. JafFrej & Rich" Wibird Escf .
A Message to the House by the Clerk with a Vote of Council to Impower and require of Selectmen in their re- spective towns to pay for such oxen and implements as shall 1)6 Impressed by the Surveyors for repairing high- ways &c.
A Message to the lioard by Mess''** Davis, Atkinson and Fellows to Conferr upon some clauses of the bill Entituled an Act to Encourage the Prosecution of the Ind" &c in order to have some amendments &c.
By the same Message an Inquiery from the House wheth- er the Council had passed upon the vote of the Represen- tatives sent up y® 22'^ Instant for a Triennial Election of assemblymen. To which His Hon'' Replyed he had dis- coursed Several Members of the house on that head and Thought they had acquainted the house w"* his mind in that matter.
Adjorned til tomorrow 10 a. m.
[p. 299.] Pro. N. Hamp'^°
At a Gen' Assem' by Adjornm* May 30"^ 1723. Present In Coun' His Hon'" John Wentworth Esq Lt GoV Mark Hunking ) Rich*^ Wibird )
Geo. Jaifry V Esqs Tho« Packer [ Esqs
Shad'' Walton ) John Frost )
Adjorned til 3 o'clock p. m.
Pro N. Hampshire.
Met according to adjornment. Present as Before. A Message to the board by Maj' Gillman and Cap* Tib-
1723.] JOURNAL OF GENERAL ASSEMBLY. 97
bits with Sundrj accounts and claims upon the Province as on file and The Com'itte of audits report tliercon as follows. We the Subscribers being appointed a Committe to audit the accounts &q of the said Province Do make return as follows (viz*)
No 1. an Ace* by Col° Davis for Euning the Provhice line dismissed being paid by M'' Treasurer Penhallow as pr liis account 1722.
No 2. an Act Signed Jolni Robinson for work &c on Fort W" and Mary am° to 97£ 3s 20£ being paid pr M"" Penhallow as pr his account and 15s being overcharged in his ace' of labour, allowed, £76. 8.
N° 3 John Roberts his ace' for Goudela hire &c am" to
7£ 16s, 9s overcharged, allowed, 7. 7.
N" 4 Susanna Smals ace* for expsnces &c. allowed 5. 1. D
N° 5 Benj* Acremans ace* for atten" & express to Bos- ton: y« BalF allowed. 10.
N° 6 Jethro Person ace' for work done at Fort W'" and Mary am'' 7£ for 28 days labour allowed 6. 6.
N° 7 Rob* Coates ace' for Sundry disbursm'^ on Fort W™ and Mary and y^ Men that worked am'' to 17£ Ms allowed 17. 2.
[p. 300.] N" 8 A Muster Role Signed James Nock for Scouting am" to 4:7£ 12s allowed 47. 12.
N' 9 Ditto Signed Joseph Beard am" to 14£ 8s Exam- ined and find it right cast but not sworn to when done allowed 14. 8.
N° 10 Ditto John Gillman am" 54£ 13 days am° to
£59 15s Id allowed 59. 15. 1
N° 11 an Ace* Signed Rich'* Perry for Iron Work &c
at Fort W" and Mary allowed 15. 16. )
N° 12 An ace* Signed Edward Toogood for himself and others allowed as follows (viz) Himself and Servant John Clark John Grunday Thomas Wilkinson
N" 13 an account Signed Thom^ Packer for house rent fireing and Candles 15£ and 2£ for visiting two ves- sels and also another ace' for Medicines &c am° to 5'^ — . 6d AV^e allow as follows (viz)
For house rent fireing &c as pr Establishm* U.
7
|
19. |
5. |
.'i |
|
4. |
0. |
0 |
|
5. |
5. |
|
|
5. |
3. |
(i |
98 PROVINCE OF NKAY-HAMPSHIRE. [1723.
For Visiting- two vessels 2 dtiys 1.
and for the ace' of ;>£. — . 6d we refer it to the assembly N" 14 A Muster IJole for a Scout und'' y* Command of
Lieu' Jn° Lad Sign'd byMaj"" Gillman alloAved 21. 10.
X" 14 an ace' Signed Ricli'^ Waldron for Service as
Cler: Con: &c referred to y'' assem'. X" 15 Muster Kole Signed Joseph Beard dismist being
voluntiers that went out on y" bounty act N" 16 an act Signed Benj'' Gambling for Service as
SherrifF am° to 18£ 3s. allowed 12. 14.
X" 17 an ace' Signed Clem' Hughes Collect' of Excise
adjusted & due to y'^ Prov: £18. 16. 6 N" 18 An ace' Signed James Langley for getting Stones
for the fort &c am« To 4. 10.
X" 19 an account Signed Geo Pierce for Iron Work for
the fort &c am" 12£ 13s allowed 12. 8.
X'^ 20 an ace' Signed Geo Yaughan f<n- his Sallary at
the Fort am° to 118£ 10s dismissed, [p. 301.] He
having rendered no account of the money and Pow- der Eec*^ on account of the Province when he was
Commander of the Fort. X" 21 an ace' Signed James Jeffrey for drawing a map
of the Province &c am° £3. 10 allowed 2.
X" 22. A Muster Kole Signed Jon* Chesley am° To
£15. 9. 3. Dismissed for y* reasons given ag^' Beards
Muster liole.
We the Subscribers being appointed a Committe to audit the claims and accounts of the Province do make our Report as above liaving Examined the Several Particulars in the vSeveral accounts brought in to us. May 25, 1723.
Jothain Odiorne Mark Hunking
And"' AMggin Rich'' Wibird
Eph: Deiinet John Frost
Tlieo : Atkinson
In the House of Represent May 30"' 1723. Yotecl, That the Return of the Committe of audit be accepted as carryed of ag^' the Persons names and that M' Clci'k Waldron be allowed the Sum of seventy pounds in full of ITis account and that James Jeffry have thirty shill- ings allowed him more than is carryed of, and that Col. Packer's account of the box and medicines and Instruments
1723.] JOURNAL OF GENERAL ASSEMBLY. 99
lye unci'' consideration til next sessions and that the liox be ordered to be retnrned, and what is wanting to be made good, and that Col. Davis's lye according to the vote upon it.
James Jeffry Cler assem.
In Conn' Eod"^ die
Read and Concnrrcd Ricli'^ Waldron Cler Con.
[p. 302.] By the Message which brought up the Committe
of Audits report the ace* of M'' Fellows as on file, w**^ a vote
thereon as follows.
In the House of Represen* May 30*'» 1723. Voted, That Cap' William Fellows be allowed and paid out of the Publick Treasury the Sum of four pounds nine shillings and one penny In full of His account.
James Jeifry Cler assem. In Coun' Eod" die Read and Concurred.
Rich^^ Waldron Cler Con.
A Message to the house by the Clerk To Inquire whether they had passed upon the votes of Council Namely Respect- ing a l)ellraan sent down y*^ 24'^' Instant : and for Select- mens paying for oxen to repair highways sent dovfu yes- terday.
Adjorned til tomorrow 10 o'clock a.m.
Pro. N. Hamp'"''
At a Gen' Assembly by adjornment May 31^' 1723. Present In Council His Honour John Wentworth Esq L* Gov'' Mark Hunking \ Rich'' Wibird ) -^^
Geo : Jaffry > Esqs. Tliom^ Packer ) ' ^ '
Shad'-^ Walton )
A Message to the board by Cap* Downing & Cap' Gill man w"' the votes of Council ab' the bellman, and paying for Impressed oxen to repair highways both non concurred. By the same Message the following vote.
100 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the House of Represent May 30''' 1723.
Voted, That the house of M-- Theod--^ Atkinson at New
Castle where John Wilson now liveth be a licensed house
the Person living therein giving security for good orders as
usual and paying Excise.
James Jeffry, Cler assem.
[p. 303.] In Council eod'" die.
Read and Concurred.
Richard Waldron Cler Con.
A Message to the board by Mess''"' Atkinson and Dennet with the following vote.
In the House of Represen' May SV^ 1723. Voted, That there Ije a Tax of one thous'' pounds laid on the Inhabitants of this Province and that it be brought into the Treasury hy the middle of January next in mony and that it Shall be applyed for discharging the Support of the Government as the General assembly Shall ord"".
James Jeffry Cler assem. In Council Eod™ die. Read and Concurred.
Richard Waldron Cler. Con.
Adjorned til 3 o'clock p. m.
Pro. N. Hamp'«
Met according to adjornment. Present In Council As Before.
A Message to the House from the Honourable the Lieu* Governour by Mark Hunking Geo. Jaffry and Shad^ Walton Escf to communicate to them some part of a letter which he had received from M' agent Newman relating to y'^ pub- lick affairs of this Province, and to Recommend his good .services to them, and to desire their Consideration thereof, and honourable allowance to him for the same.
A Message to the board by Mess'* Odiorne and Sanborn 5V-"* t:he following vote.
1723.] JOURNAL OF GENERAL ASSEMBLY, 101
In the House of Represen'.
Voted, Tliat John Gilhnan And"' Wigghis Samuel Eas- man Escf M^ Theo. Atkinson, M^' [p. 304.] Jn" Sanborn, Cap' Samuel Tibbits, Cap* Jn"^ Downing M^" Eplr"^ Dennet be a Committe of this house to joyn with a Committe of the upper house to draw a scheme for the Proportions of the Several towns in this Province for the Province Taxes.
James Jeffry Cler assem. In Conn' May 3P' 1723.
Voted, The Gentlemen above mentioned be tlie Com- mitte in behalf of the board as well as for the house and that they prepare and lay the Said Scheme before the Gen' assembly at the next Sessions.
Rich" Waldron Cler. Con.
A Message to the board by Mess""^ Tibbets and Gillman w'^ the following vote.
In the House of Represent May 31*' 1723.
Voted, That Jotham Odiorne, Andrew Wiggin Esq* M"^ Theo : Atkinson and M"" Eph^ Dennet be of the Committe of this House to Joyn w"' a Committe of the upper house to draw the act for Receiving one thousand pounds on the Inhabitants of this Province this year according to the vote of this day. James JeiTvy, Cler. Assem.
In Council Eod'" die.
Read and Concurred, and Mark Hunking Shad** Walton, Rich'' Wibird and Tho^ Packer Esq appointed to Joyn the Gentlem" above for the service above.
Rich" Waldron, Cler. Con.
A Message to the board by Col Davis w"' the bill Enti- tuled an Act to Encourage the Prosecution of the Ind" En- emy and Rebels &c which had been passed upon in tlic house and voted to bo Enacted and the Same having had its several readings at the board was past and ordered to be engrossed.
Adjorned till to-morrow 9 a clock a. m.
102 PROVINCE OF NEW-HAMPSHIRE. [1723.
[p. 305.] Pro. N. Ilamp^''.
At a Gen' Assem^ at Portsm" by adjonuuent June P* 1T23. Present In Council His Hon' John Wentworth Esq Leiut Gov"" Mark Hunking ) Rich*' Wibird )
Geo : Jaffiy [ Esq Tho'^ Packer [ Esq
Shad'^ Walton ) John Frost )
John Underwood Preferred a Petition to the board pray- ing that his house at N. Castle might be licensed a Publick house for reasons there in Expressed which was read and sent down pr the Clerk.
Col Waldron Preferred a Petition to the board Signed by himself, Benj'* Wentworth and Nicholas Harford Select- men of Dover Praying that a Committe may be appointed to Survey Lamprey river in order to find out a Convenient place to build a new bridge across said river for Reasons therein Expressed. The Council Voted to Grant y*" Prayer and sent down the Petition and Vote by John Frost Esq.
A Message to the board by Cap' Tibbits and M'' Sanborn w''' M"^ Underwoods petition as on file and votes thereon as follow.
In the House of Represent June 1*" 1723. Voted, That the prayer of the Petition be granted the Person living in said house yearly according to the usual custome producing his certificate for good orders to the Sessions and paying his Excise.
James Jetfry, Cler asscm.
In Council Eod'" die. Read and Concurred during the Petitioners life upon Condition he }»ay his excise and keep due orders according to law and not otherwise.
Richard Waldron Cler Con.
By the same Message the ace' of Maj"" Gillman as on file the ball"' due to him as allowed [p. 306.] by the Committe of audit being £5 16s w"' the vote thereon as follows
1723.] JOURNAL OF GENERAL ASSEMBLY. 103
In the House of Represent May 31"' 1723. Voted, the above ace' be accepted and allowed.
James Jeffiy Cler assem. In Conn' June 1^' 1723. Read and Concurred.
Rich^^ Waldron Cler Con.
A Message to the board by M'' Dennet w"^ the Petition of the Selectmen of Dover Sent down pr M"^ Frost as on file w"' the votes thereon as follow.
In Council June 1"' 1723.
Voted, Tliat Six Indifferent Persons be chosen a Com- mitte to Survey Lamprey River and Report to His Honour the Lieu' Gov'' and Council as soon as conveniency will per- mit y° most commodious place for l)uilding a bridge across Said River, and That Col Walton M'' Edw-^ Ayres & M^ Benj'^ Thomas be three of the Committe to Joyn w'^ the Gentlemen whom the house shall appoint.
Rich" Waldron Cler Con.
In the House of Represen' Eod™ die. Voted, a Concurrence w'^ the above vote (with this Pro- viso) that the Petitioners pay the Charges of the Committe and That Col° Peter Wear CoP John Plaisted Esq and M^ W^ Moor be three of the Committe for the End aforesaid.
James Jcffry Cler assem. A Message to the board by Mess" Atkinson and Tibbits w*^ the following votes.
In the House of Represent June 1*' 1723. A^oted, Tliat the Postmaster General Ije allowed and paid out of the Treasury the Sum [p. 307.] of three pounds For Expediting the Public letters for His Majesty's Service free.
James Jeffry, Cler assem.
In Coun' Eod"" die.
Read and Concurred.
Rich'' Waldron Cler. Con.
104 PROVINCE OF NEW-HAMPSHIRE. [1723.
Endorsed on Axwel Roberts ace* am° to 3X 17. 4 as fol- lows y^ s^ ace' is on file.
In the House of Represent June 1'' 1723.
Toted, That Axwel Roberts be allowed and paid out of the Publick Treasury the Sum of two pounds, sixteen Shill- ings in full of His ace* Provided That M" Roberts make oath that She never Received anything, from the Mass^' or the Ind" or JVr Bane towards the Payment of the Sum therein mentioned.
James Jeffry, Cler. Assem.
In Council Eod™ die. Read and Concurred.
Rich'i Waldron Cler Con.
In The House of Represent. June 1^' 1723. Allowed Doct"^ [John] Crosby for administering to tlie men und"^ Cap* Gillman's Command as pr his ace* on file £1. 12. 11
James Jeffry Cler. assem. In Coun' Eod"" die. Read and Concurred.
Rich" Waldron, Cler. Con.
In the House of Represen* June 1'* 1723. Toted, That His Honour The Lieu' Gov"^ having the whole burthen of this Government as Command'' in Chief devolved upon him, be presented w"' the Sum of one hun- dred pounds for His Extraordinary Service done the Gov- ernment, and To be paid out of the publick Treasury.
James Jeffry, Cler. assem. In Coun' Eod"' die. Read and Concurred.
Rich'' Waldron, Cler. Con.
[p. 303.] A ^lessage to the board by Mr Dennet with the following vote.
1723.] JOURNAL OF GENERAL ASSEMBLY. 105
In the House of Represent June 1" 1723. Voted, That there be signed of the two Thousand pounds now ready Imprest nine hundred pounds and put into the Public Treasury for the payment of the Sundry Debts now allowed and due from the Province and other Contingencys that may ha})pen Ijetwixt this and the fall Sessions and that His Honour The Lieut Gov'' be desired to Issue out warrants for the payment of the respective Sums now allowed to be due.
James Jeffry Cler assem. In Coun^ Eod™ die. Read and Concurred.
Rich^i Waldron Cler Con.
A Message to the board by Cap* Tibbits w'^ a vote of the house for the lead''^ of y*^ Scouts now going out to have Sar- gents pay, the said vote was sent down by M' Jaiiry and Col° Walton, who were directed to Reccommend Leiuten- ants Pay instead of Sargents. y'' house returned the vote to the board w"" an addition (viz.) That they had Recon- sidered it and adhered to it, as on file.
A Message to the board by M"^ Redman w*'' a bill Entit- uled An Act To Levy a Tax of one thousand pounds on y* Poles and Estates within this Province, which had been read and Past to be Enacted in the house. The Same had Its readings at the board and was ordered to be Ingross'd Immediately.
A Message To the House by the Clerk to require their attend'' at tlie board the Speaker and house came accord- ingly and Then the two bills being again read in presence of y'' Gen^ assem^ were Signed and Sealed namely,
1. an act To Encourage y^ Prosecution of the Ind" Enemy & rebels and to Repeal an act of the same title made & past y* 1«' day of 1"' 1722.
2. an act To Levy a Tax of one thousand j)0unds on The Poles & Estates w^'^in this Province.
After which His Hon' was pleased to Prorogue the Gen^
106 PROVINCE OF NEW-HAMPSHIRE. [1723.
assem^ and accordingly in His Majestj'-'s name they were
Progued til Tuesday y^ 10"' day of T'"" next, further Progued til y® 19"^ November next.
[p. 309.] Pro : of N. Hamp^°.
At a General assembly held at Portsmouth by prorogation November 19"^ 1723. Present In Council, His Honour John Wentworth Esq L' Gov^ Sam' Penhallow ) Shad=^ Walton )
Mark Hunking [ Esq Ptich'' Wibird [ Esq
Geo : Jaffry ) Arch'^ M^pheadris )
John Frost Esq. Adjorned til 3 o'clock p. m.
Pro: N. Hamp''*'.
Met according to adjornment Present as Before. A Message to the house by Mess''^ Jaffry & Wibird and y® Clerk to'adjorn them Till tomorrow 10 oclock a. m.
Pro : N. Hamp'"
At a General assembly held at Portsmouth by adjornment November 20'^ 1723. Present In Council His Honour John Wentworth Esq L' Gov"^ Sam' Penhallow "i Shad'* Walton j
Mark Hunking V Esqs Rich'' Wil)ird > Esqs
Geo. Jaffry ) Arch'' M'^pheadris )
A message to the board by Cap' Gillman to acquaint His Honour that The house had chosen a Speaker pro tempore (M'^' Speaker Wear not being come to Town) & that they were ready to enter upon the business of the Sessions.
A jMessagc to the house by the Clerk to require their attendance at the buard the Speaker and house came up
1723.] JOURNAL OF GENERAL ASSEMBLY. 107
accordingly to whom his Honour made a Speech, a Copy of which was (aty'' desire of y'^ Spoak"") delivered unto him <fe is as follows.
Gentlemen,
I have deferr'd y^ Setting of y* fall Sessions for some time that so I might hiy before you the Master Holes with y* whole Expence of y^ Summer past.
[p. 310.] The Charge in defending our frontiers has been con- siderable and altho we have not had the wished for Success agaiust our Eneniys yet we have in some measure answered our expecta- tions in that the enemy has not made those breaches upon us which we might have x'easonably expected had we been careless and secure.
I Promise myself that you will make the necessary provision for Enabling M"" Treasurer to pay of the ju^^t demands due from the Province an account of which I have order'd to be laid before you.
"NYe are wel assured that our bills of Credit are Counterfeited, and that our neighbouring Governments have deteckd some of the offenders. I think it is a matter well worthy of our consid- eration and wherein our Laws are deticient let us strengthen them or Pass new laws for the Prevention of So great an Evil.
I have received Several letters from His Excellency Gov"" Shute since our last sitting assuring me that he will do his Utmost en- deavors and everything in his power to Serve this Province and particularly in getting the lines Settled and His Majesty's bounty ■ to Fort "William and Mary.
M'' Agent Newman writes me much to the same purjjort with this addition that he had just then made an Interest w* M'' De Le Fay Secretary to the Lords Justices for obtaining the more speedy answer to his Memorial, the letter bears date aug"*' 23'^ last past also that he had wrote to M'^ Speaker Wear by same conveyance which Judge ^M"" Speaker will communicate to your house.
We have not done what was designed as to the stone work of the Fort occasioned by \^ war but the timber work is all tini.-h'd and in good order designing early in the Spring to proceed on the stone work.
I Promise myself that you will stil take care for y^ Hon'''"' sup- port of this His Majesty's Government where you Shall find me both ready and willing to serve my King and Country to the Utmost of m\- Power.
J Wextwokth
108 PROVINCE OF NEW-HAMPSHIRE. [1723.
His Honour The Lieu* Gov'' read to y'' Speak' and house a Paragra})h of a letter (which he told them he had re- ceived from Gov'' Shute) acquainting him that M' Penhal- low had been at some [p. 311.] Expence in England for the Province service and ought to be Considered for it. In Council
Ordered, That Cap' Joshua Weeks be paid fourteen Shill- ings and five pence out of the treasury for Provisions pro- cured by him for y® souldiery by y*' Lu't Gov- order for His
Maj'-''^ service last year.
Rich^ Waldron Cler. Con.
Adjourned till 3 o'clock, p. m.
Pro. N. Hamp""®. Met according to adjornm'
Present as Before.
A Message to the I)oard by Mess""' Odiorne and Gillman Praying his Honour to direct the Muster Roles forthw"' to be laid before the house and likewise desiring the treas- urers accounts to be laid before them.
Mess" Downing, Knight and Fal)yan Pray'd liberty to withdraw tlieir Petition Preferred ye 24^'^ of May last in behalf of ye Dcstrict of Newington accordingly Ordered That y" S'd Petition be dismissed & y* the partys may depart. Rich^ Waldron Cler Con.
Adjorned till tomorrow, 10 o'clock a. m.
Pro. N. ^amp^
At a General assembly held at Portsmouth by adjornm* Nov"^ 2P' 1723. Present In Council His Hon'' John Wentworth Esq Lieu' Gov"" Samuel Penhallow ^ Shad^ Walton j
Mark Hunking V Esq Rich'' Wibird J Esq*
Geo:Jaffry ) Arcli*^ Mcpheadris )
John Frost Esq.
1723.] JOURNAL OP GENERAL ASSEMBLY. 109
Rich'^ Wibird Esq Presented a receipt to the board und^ the hand of M' Treasurer Jaffry which was ordered to be entered and is as follows.
Pursuant to an order of Gen' Assembly June 1'' 1723 Received of the Committe for Signing bills of Credit y" sum of eight hundred and ninety nine pounds eight shill- ings June 25'^ 1723
£899. 8 pr Geo : Jaffry Treasurer
[p. 312.] A Message To y^ board by Cap* Tibbits w'" }<= following vote.
In the house of Representatives. NoV^ 21«' 1723.
Voted, That James Davis andrew "Wiggin Escf & Cap* W°^ Fellows be of the Committe of this house to joyn w^'^ a Committe of the upper house to audit the accounts of the Cluster Roles and other accounts brought in this Sessions.
James Jeffry Cler: assem
In Coun' Eodem die.
Read and Concurred and Rich*^ Wibird arch'' M^pheadris
and Jn° Frost Esq""^ appointed to Joyn w"" y" Gentlemen
above for the service above.
Rich*^ Waldron, Cler. Con.
A Message to the house by Sam' Penhallow and Shad* Walton Esq* with a vote for roviveing y° Excise act &g and to recommend to the house The Consideration of Lamprey river bridge
Adjorned Till 3 a clock p. m.
Pro. N. Hamp^^
Met according to adjornm*
Present as before.
A Message to the house by the Clerk w"' the Petition of
Thomas Leavit and others which was ordered to be heard
this day, the same being read in the house was return'd to
the board by CoP Davis and M' Fellows who acquainted His
110 PROVINCE OF NEW-HAMPSHIRE. [1723.
Ilonour tliey wore ready to attend the liearing. Then the liouse were directed by y° Clerk to give their attendance at y° board and y*" Speaker and house Came up accordingly and all Partys being Present The agents for Kingston moved to have y'' hearing Suspended til tomorrow, and ac- cordingly It is suspended til tomorrow 3 oclock afternoon.
His Ilonour Ordered to be read to y'' Speak'' and house a Copy of ^r Agent Newman's Memorial for Stores for Fort William and Mary and Part of a letter which he had re- ceived from the f-aid M'' Newman respecting the same. Then the speak"" & house withdrew.
A Message to y'' house by Shad-'* Walton & Jn° Frost Esq^ To recommend to them y° Passing an act in addition to y^ act ab* Fish.
Adjorned Till Tomorrow 10 o clock a. m.
[p. 313.] Pro. N. Hamp--^
At a General assem held at Portsm" by adjornm* 9"^ 22'* 1723. Present In Coun' His Hon'' John Wentworth Esq L* Gov"^ Sam' Penhallow ) Shad^ Walton J
Mark Ilunking \ Esqs. Rich'' Wibird > Esqs.
Geo. Jatfry ) Arch^' M'^Pheadris )
John Frost Esq. Robert Auchmaty Esq Preferred a Petition in behalf of Rich'' Hilton Esq Praying for a Special act to enable y'^ S'^ Hilton to bring forward an action before y^ Gov"^ and Coun- cil ag^' Mrs Mary Brown etc which was read & sent down to the house of representatives pr the Clerk. Adjorned til 3 o'clock p. m.
Pro. N. Hamp'«
Mett according to adjornment. Present as Before.
1723.] JOURNAL OP GENEx^AL ASSEMBLY. Ill
A Message to the house by the Clerk to reqinre tlieir attend"^ at the board the Speaker and house came up accord- ingly upon y^' liearing of y® Petition of Thomas Leavit and others and the Petitioners & respondents being Present and fully heard the Partys withdrew and y® Speaker and house retired to their own Chaml/ to Consider of the Premises.
Adjorned til tomorrow 10 o'clock a, m.
At a General Assembly held at Portsmouth by adjornment Nov"" 23*^ 1723. Present in Council L* Gov"^ Wentworth. Sam' Penhallow ) Shad^^ Walton \
Mark ITunking [ Esqs Rich'' Wibird J Esqs
George Jaffrey ) Arch^ M'^pheadris )
Jn'' Frost Esq Adjorned til y® 25''' Instant 10 o'clock a. m.
Pro. N. Hamp''^
At a General Assembly held at Portsm°
by adjornment Nov'' 25 1723. Present in Council His Hon'' John Wentworth Esq. Lt. Gov''
Samuel Penhallow ^ Shad'' Walton ) -p
Mark Ilunking { Esq Arch*^ M'^pheadris ) ^
Geo : Jatfrey )
[p. 314.] A Message to the house by CoP Walton with a A'ote of Conn' for dismissing y*" Petition of Thomas Leavit and others.
A Message to the board 'oy Mess'' Odiorne and Downing w"' a Petition of Nathan Longfellow Praying for an allow- ance out of y^ Treasury for his being Imprison'd and oblidgcd to attend Several Courts in y'' County of Essex for distraining a rate from And"' Greelo a l)orderer on the Di- visional line of the two Provinces A'c w"' a vote thereon the Petition is on file and y"" vote as follows.
112 PROVINCE OP NEW-HAMPSHIRE. [1723.
Ill The House of Represen' Nov^ 23 1723. Voted, That the Said Longfellow the Petitioner be al- lowed and paid out of the Treasury the sum of Seven pounds in full of all he can demand for anything or dam- age he Sustained as in the Petition.
James Jeffry Cler. Assem.
In Council Nov Ib^ 1723. Read and Concurred.
Rich** Waldron, Cler. Con.
By the same Message Came up the following vote.
In Council Nov^ 25'^ 1723 Voted (nemine Contradicente) That the Pet'ion of Thom- as Leavit and others heard before y® Gen' assem' y*^ 22'' In- stant be dismist and that the Petitioners pay Costs.
Rich'* Waldron Cler. Con. Eod™ die. Read in the liouse of Representatives & Con- curr'd w*'' this amendment (Viz) that each party pay his own Costs.
James Jeffrey, Cler. Assem.
In Council Eod"^ die Read and Concurred w*"^ the amendment
Rich'* Waldron, Cler. Con. By the same Message a Vote of y" house for Preparing a bill for a Triennial Election of assembly men. Adjorn'd til tomorrow 10 o'clock a. m.
[p. 315.] Pro.N. Hamp^«
At a General assembly held at Portsmouth by adjornm* Nov-^ 26"^ 1723. Present In Council His Honour John Wentworth Esq. Lt. Gov"^ Sam' Penhallow ) Shad^ Walton )
Mark Hunking \ Esq'^" Rich" Wibird V Esq'«
Geo : Jalfrey ) Arch Mcphreadis )
John Frost Esq''"
1723,] JOURNAL OF GENERAL ASSEMBLY. 113
A Message to the board by Sam^ Easman Esq and Cap' Gilhnau w"" a vote of the house for repealing all the laws that were past before the year 1710 that are not Printed.
A Message to the house by George Jaffry and John Frost Esq''® w'*" the vote of the house Sent up yesterday for pre- paring a bill respecting a triennial election of assembly men to be reconsidered.
By the same Message the Gov'' Instructions were sent down w'^ an ord"" that one Paragraph of them (forbid ing y^ Gov"^ to assent to any act of an .unusual and Extraordinary Nature) Should be read to the house (fee.
Jacob Smith Pray'd a Consideration for a Saddle prest from him last year & never return'd upon which
A Message to the board by Maj"" Gillman with the follow- ing vote
In The house of Represent Nov"" 26 1723.
Voted, an allowance of twenty five Shillings to be paid out of y® Treasury.
James Jeffry Cler Assem. In Coun' Eod°' die
Read and Concurred.
Rich'^ Waldron Cler Con.
A Message to the house by George Jaffry Esq w*^ a vote of Council respecting the Parishes at Portsm" wliich was Immediately return'd by Cap' Downing and Cap' Tibbits and is as follows
Whereas in The act of Gen' assembly of y'' 27"^ of May 1720 Impowering each Parish in Portsm" to lay a Tax for the Sup})ort of the Ministry The name of the reverend M'' Rogers [p. 316.] wlio is now dead is mentioned without respect to his Successor.
* In Council Novemb^ 26'^ 1723.
Voted, That in addition to S"'' act the Successive Minis- ters in Each Pari^ih may be inserted
Ricli-^ Waldron Cler : Con
114 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the House of Represen* Eod°^ die
Read and Concurred
James Jeffrj Clcr. Assem
By The same Message came np a vote for a Triennial as- sembly which was Concurred tfcthen a Cummitte appointed to prepare the bill & Sent down by y*" Clerk.
A Message to tlie house by Col° Walton with a vote of Council Prohibiting hoggs going at large in some part of y® Town of Portsmouth and New Castle,
A Message to the house to reccommend to them by Sam' Penhailow and Rich*^ Wibird Escf*" the affair of Lamprey river bridge &c
A Message to the board by Mess" Dennet and Tibbits w*'^ the following Votes.
In the House of Represen* Nov"" 2G"' 1723.
Yotcd, That no assembly or lower house of Representa- tives of this Province shall have any longer Continuance than three years from the time of their being first call'd and qualifyed, and that there Shall be ten days (at lest) be- tween the date of the writs for Electing them & the time of their being Chosen (unless upon Extraordinary emer- gencys) and that an act be drawn up accordingly. The Execution thereof being deferred and Suspended until His
Maj'-^'^ Pleasure be known.
James Jaffry Cler Assem
In Coun^ Eod"^ die Read and Concurred & Voted That Sam' Penhailow & Jno Frost Esq* be of y® Committe from y'' board for draw- ing the bill.
Rich" Waldron Cler Con
In the House of Represen* eod™ die Voted — Tbat Jotham Odiorne Esq and M^ Theo""* Atkin- son be of y'^ Committe of this house to joyn w**^ y*^ Com- mitte above for y*^ end aforesaid.
James Jeffry Cler Assem
1723.] JOURNAL OF GENERAL ASSEMBLY. 115
[p. 317.] A Message to The house bj Messrs M'^Phreadis & Frost w*^ y® Vote of y° house for repealing y*^ laws made before 1719, w*^** are not yet Printed vc"^^ vote was sent up this day.
by y" Same Message a Vote of Council was sent down for a Committe to Supervise y® laws in y® Secretarj's office not printed in y® recess of y^ Court.
Adjorned til 3 o'clock p. m.
Pro : N. Hamp'*^
Met according to adjornm*. Present as Before. A Message to the board by Cap* Tibbits w"' y'' Yote of Council for a Committe to Supervise y*^ laws in y*' recess of y® Court Non-ConcuiTcd and the Vote of y'' house for re- pealing y*^ laws Past before 1719 and not printed adhered To.
Adjorn'd til tomorrow 10 oclock A. M.
Pro : N. Hamp''"^
At a General assembly held at Ports- mouth by adjornment Nov'' 27'^ 1723. Present in Council, His Hon"" Jn« Wentworth Lieu* Gov'^ Sam' Penhallow ) Shad-'* Walton )
Mark Hunking [ Esq" Rich'' Wibird [ Esq" Geo : Jaffrey ) ArclV' M'^Phredris )
Jn° Frost Esq. John Frost Esq'"'' from y" Committe appointed to pre- pare a bill for a Triennial election of assembly men re- ported a bill accordingly entituled an act for calling and electing an assembly once in three years, and George Jaf- frey Esq Presented a bill entituled an act in addition to the act entituled an act for y^ Settlement of the Parishes of the Town of Portsmo. both which were Several times read at
IIG PROVINCE OF NEW-HAMPSHIRE. [1723.
y" board and past to be Engrost & Sent down to the house by Mess" Wibird & M'Fhreadris for Concurrence.
A Message to the house by Sam^ Peuhallow and George Jaffrey Esq™ to recommend to them an allowance out of y® Treasury to M'' Agent Newman.
Adjorned til y^ 10'^ day of Dec"" next.
[p. 318.] Pro. N. Hamp-^^
At a General assembly held at Ports- mouth by adjornment the 10'^ day of December 1723. Present In Council His Honour John Wentworth Esq L' Gov'' Sam^ Penhallow ) Sliad=^ Walton )
Mark Hunking [ Esq--^ Rich^i Wibird \ Esq-^*^
Geo: Jaffry ) Arcli'^ M^^plireadris )
John Frost Esq. adjorned til tomorrow 10 o'clock A. M.
Pro : N. Hamp^'
At a Gcnr' assem held at Portsm" by
adjornra* Dec'' 11"' 1723 Present In Council His Honour John Wentworth Esq Lieu* Gov"" Sam^ Penhallow ) Shad^ Walton )
Mark Hunking [ Esq™ Rich'' Wibird S Esq-"* Geo : Jaffry ) Arch"^ M'^pheadris )
John Frost Esq"" A IMessage to the board ])y jMaj' Gillman with the follow- ing vote.
In the house of Representatives Xov'' 11*'' 1723 Voted That Cap* W'" Fellows and M'' Theodore Atkinson be of the Committo from this house to joyn with a Com-
1723.] JOURNAL OF GENERAL ASSEMBLY. 117
mitte of y'' upper house to tell over y^ old broken & defaced Mony of the first Impression that may be brought in this assembly by those who have Exchanged it that it may be burnt according to the act
James Jeffry Cler assem
In Council Eod™ die
Read and Concurred and Arch'' ^Pphreadris and Jn° Frost Escf appointed from y" board for y'' service above.
Rich" Waldron Cler Con
A Message to the house by Geo : Jaffrey and Shad^ Wal- ton Esq to read two letters from M' Agent Newman to y'^ Lieu' Gov"" which his lion'' received by y*^ last Shij).
A Message to the house by Sam' Penhallow and Rich'' Wibird Esq"^ to reccommend to them ye Passing an act to make death y® Punishment for Counterfeiting or altering y*^ Publick bills of Credit &c
Adjorn'd til 3 oclock p. m.
[p. 319.] Pro. N. Hamp'-'^
Met according to adjornment. Present as l^efore.
A Message to the board by Mess" Davis & Fellows w"' the bill Entituled an Act for y*^ Calling and Electing an assembly once in three years w'^'^ was sent down y'' 27"' of Novemb'' last. Concurred with in the house w"' this amendment (viz) That His Maj'^'^ Prerogative may not be infringed be- ing Struck out.
By The same Message the Report of the Committc of audit as follows
We The Committe of botli houses appointed by Vote of General assembly of y"^ Sl'^' Novemb' 1723, for Examining Muster Roles &c Do allow the several Sums annexed to Each name having Examined y*^ Same. NM. Sergt James Nock £61: 2: 6
2. SeroMos: Beard 46: 2: 1
|
67: |
4: |
8 |
|
55: |
4: |
|
|
24: |
15: |
n |
|
61: |
12: |
5 |
|
163: |
18: |
4 |
118 PEOVINCE OF NEW-HAMPSHIRE. [1723.
3. Ditto James Nock
4. Ditto John Ladd
5. D° Moses Conner
6. D° Joseph Beard
7. Cap' Benj^ Wentworth
8. ColMYear 7: Allowed Serg' James Nock & Serg* Jos:
Beard 40s. each for carrying up pro- visions and expences 4 :
9. Cap' Wentworth for 10 men in a Scout 26*
May for 3 days each at 33. pr day they
finding victuals 4 : 10 :
10. Serg' Jos : Beard for 10 men 3 days each ^^
finding provision at 3s. pr day 4: 10
11. The Treasur" ace' of Provisions as pr. his
account will appear 20"' 9"^ 1723 403 : 3 : 4
Total £903: 2: 6
James Davis John Frost
And^ AYiggin Eich<i Wibird
W"^ Fellows Arch"* Macpheadris
In The House of Eepresen' Nov"^ 27"^ 1723. Voted, That the witliin return of y^ Committe be allowed as the Sums are Carryed oflf and that Cap' Benj* Wentworth be allowed and [p. 320.] paid out of y** Treasury the Sum of twenty Shillings for his Service and attend* in Making up M' Jos Beards Muster Eoles. James Jefi'ry Cler assem
In the House of Represen' Dec-- 11"^ 1723. Voted, That His Honour The Lieu' Governour be de- sired to Issue out his warr'^ to the Treasurer for the pay- ment of the several Sums allowed in this return.
James Jeffry Cler assem In Coun' eod™ die The Two foregoing Votes read and Concurred
Rich^ Waldron Cler : Con A Message to the house l)y Arch"^ Macphedris and Jn° Frost Esq"^ w"^ a vote of Council for making death y® pen- alty of Counterfeiting or altering Publick bills of Credit, &c. Adjorned til tomorrow 10 a clock a. m.
1723.] JOURNAL OP GENERAL ASSEMBLY. 119
Pro : N. Hamp''®
At a General assem held at Portsm'* by adjonim* Dec 12'^ 1723. Present In Coun^ His Honour John Wentworth Esq"^ Lieu* Gov'' Sam' Penhallow ) Shad=^ Walton )
Mark Hunking [ EstV^ Rich<^ Wibird [ Esq"
Geo: Jaffry ) Arch Macpheadris )
John Frost Esq"^ The Committe appointed to make tale of the defaced broken bills y*^ ll*'^ Instant reported to the board that they had received of y*^ sd broken bills as follows (viz*)
of Geo : Jaffry Esq'' one hund'^ twenty one
pound ten & six pence £121: 10: 6
Rich'^ Wibird Esq'' one hund'^ & Seventeen
p'^^ sixteen Shillings 117: 16:
Col" Hunking thirty five p''^ eighteen ct six- pence 35: 18: 6
Maj"^ Gillman eighty two p''^ three & three
pence 82: 3: 3
In all X357: 8: 3
Which Sum of 357 : 8 : 3 was then burnt to ashes in y* Council Chaml)er in Presence of y' Gen' assembly.
The Council Consent to y* amendm' of y* bill for a Tri- annial assembly Sent up Yesterday as then entered by y* house.
A Message to y^ board by Col° Davis & Cap' Downing w^ a bill for granting to His Majesty an excise on liquor &c w^'^ was sent back by Sam' Penhallow & Jn° Frost Esq to be reconsidered.
Adjorn'd til 3 o'clock p. m.
120 PIIOYIXCE OF NEW-HAMPSHIRE. [1723.
[p. 321.] Pro: N. Ilamp"
Met according to adjornm* Present as before. A Message to the house by Cap* Macpheadris w*^ a rote of Council for a Committe to prepare a bill for }'*■ better Curing and Culling fish.
Adjorn'd til tomorrow 10 o clock a : m.
Pro : N. Ilamp".
At a Gen' assem held at Portsm'' by adjornm* Dcc^ 13, 1723. Present In Council His Honour Jn"^ Wentworth Esq Lieu* Gov'' Sam^ Penhallow ) Shad^ Walton )
Mark Hunking i Esq Rich" Wibird | Esq"
Geo:Jaffry ) Arch'' Macpheadris )
A Message to the board l.)y M'' Atkinson w"' y° bill for granting to His Majesty an Excise on liquors w"^ was re- considered in y® house &c y" board Concurred w'^ y^ s'^ bill and ordered the same to be Engrost. by the same Message y'' following votes In Council Dec 12*^ 1723 Voted That there be an act Past within this Province for the better regulating the Cureing and culling of fish, and that a bill be prepared accordingly and that Samuel Penhallow and John Frost Esq'' be of a Committe to joyn w"^ Such as Sliall be Chosen in the house of Representa- tives to Prepare the S'* bill
Rich" Waldron Cler Con.
In the house of Ropresen* Dec'" 13, 1723 Read and Concurred and Yuted that Col° John Plaistcd and W' Theo : Atkinson be of the Committe of this house to joyn w'*' y*' above Committe fur y^ end aijovesaid.
James Jeffry Cler assem In the House of Represen* Dec 12*^ 1723 Voted That the old broken defaced bills of Credit of this
1723.] JOURNAL OF GENERAL ASSEMBLY. 121
Province of the first Impression that was this day brought in by the Trustees and told over by y*^ Committe appointed That those of the Trustees that brought in the same be dis- charged of tlie several Sums brought in (viz) George Jaffrey Esq of the Sum of one hundred and twenty one pounds ten Shillings and Sixpence and Maj^ John Gillman of the Sum of eighty two pounds three Shillings and three pence & Rich'^ [p. 322.] Wibird Esq of the sum of one hundred and Seventeen pounds Sixteen and Col° Mark Hunking of the sum of thirty-five pounds Eighteen Shil- lings and Six pence and they are hereby discharged of the Said Several Sums.
James Jeffry Cler Assem^
In Coun^ Dec 13'^^ 1723. Read and Concurred. Rich'^ Waldron Cler Con
A Message to the board by Cap* Odiorne and Cap' G ill- man with the two following Votes
In the House of Represen* Dec 13*'' 1723. Voted That M'^ Justice Easman be allowed and paid out of the treasury y^ Sum of thirty five Shillings for an Ex- traordinary Express sent this last Summer from Kingston to Nutfield. James Jeffry Cler assem.
In Couii' Eod™ die.
Read and Concurred.
Rich'' Waldron Cler Con
In the House of Represen* Dec'' 13''' 1723. Voted That James Jeffry be paid out of the rublick Treasury the sum of ten pounds for his Service as Clerk of y« assembly for the last year from y" 20"' Nov^ 1722, to y" 29*" Novemb'' 1723 and tiiat His Honour tlie Lieu* Gov"- be desired to Issue out his warr' to y*" Treasurer accordingly
James Jeffry Cler assem In Council Eod"' die Read and Concurred
Rich'' Waldron Cler Con
122 PROVINCE OF NEW-HAMPSHIRE. [1723.
The Committee appointed to make tale of y** old broken defaced bills reported to the board that they had received of Jii° Plaisted Esq four hundred thirty two pounds & Seven Shillings which Sum was burnt to ashes in y*^ Coun- cil Chamber in Presence of y^ General assembly. Adjorn'd til 3 o clock p. m.
Pro : N. Hamp''^
Met according to adjornm* Present as Before A Message to the House by Mess" "Walton Macpheadris and Frost w"^ a Yote of Council for addressing His Majesty for His favour in returning Gov'' Shute &c.
[p. 323.] The following Yote brought To the board by one of the Members of the house.
In the house of Represen* Dec'"lo'^1723. There being brought in to the assembly by John Plaisted Esq one of the Trustees for Exchanging the old broken de- faced bills of Credit of tiiis Province the Sum of four hun- dred and thirty two pounds and Seven Shillings as told over by y° Committe appointed for that end which was burnt in the face of the assembly,
Voted That the Said John Plaisted be discharged of the S'd Sum of four hundred and thirty two pounds & Seven Shillings and he is accordingly discharged
James Jeffry Cler assem In Coun' Eod°^ die. Read and Concurred.
Rich^ Waldron Cler Con
A Message to the board by Cap* Tibbits and M"" Easman with a Vote of the house for repealing the laws not in Print, past before y® year 1719, the Same in Substance w*'' a vote of the house Sent to y'' board y* 25*^'' of y® last month w*='' vote was returned to y'' house by Geo : Jaffrey and Arch'* Macpheadris Esq who were directed to acquaint
1723.] JOURNAL OF GENERAL ASSEMBLY. 123
tliem that y^ Council absolutely declined a Concurrence w''^ tliat Vote.
A Message to the board by Jotham Odiorne Esq with the following vote.
In the House of Represen' Dec"" 13"^ 1723.
Voted That no laws made & Enacted before tlie yeaj seventeen hundred and nineteen Except what have been printed be pleaded in any Court within this Province until they be Supervised by a Committe of both houses Chosen for that end and that Col° John Plaisted Esq and Theod"" Atkinson be of the Committe to joyn w*"^ Such as y^ board Sliall chuse for y® overlooking the s^ laws and that they lay them before the General assembly for their approbation in order to their being Printed.
James Jeffry Cler assem
[p. 824.] In Coun Eod™ die
Read and Concurred and Geo. Jaffrey & Rich*^ Wibird Esq''^ appointed for y® Service afors'd
Rich^^ Waldron Cler Con.
Jon'* Chesley Preferred a Petition for an allowance for Scouting (tc w*^^ was read and Sent down to the house of Representatives pr y® Clerk.
Adjorn'd til to morrow 10 o'clock a. m.
Pro : N. Hamp'^
At a Gen' Assem held at Portsmouth
by adjornment Dec"- 14'" 1723. Present In Conn' His Honour John Wentworth Esq"" Lieu* GoV Sam' Penhallow ) Shad-* Walton j
]\Iark Hunking [ Esqs Rich'' Wibird > Esqs
Geo. Jaffry ) Apch'' Macpheadris )
John Frost Esq A Message To the house by Geo Jaffrey and Shad"* Wal- ton Esq'' to enquire after y" bill relating to the Parishes of Portsmouth sent down y® 27'" Novemb'' last.
124 PEOVINCE OP NEW-HAMPSHIRE. [1723.
The Coramitte appointed the l**' of June 1723 to Survey- Lamprey River &c having made their report the Same was read at y® ])oard & sent down by George Jaffry and Rich^i Wibird Esq-"^
John Frost Escf® from y*^ Committe for drawing a bill for ■^ better Cureing and Culling Fish Presented a bill to the board which was read and Past to be Engrost and Sent down for Concurrence by Rich'' Wibird and John Frost Escf*
A Message to the board by Mess''^ Fellows and Dennet w'*^ the bills a'b* the Parishes at Portsm° Concurred in y® house to be Engrost by the same Message the following vote.
In the House of Represen* Dec"^ 14"' 1723
Voted That His Honour The Lieu* Gov'' having the whole ))urthen of Government as Command'' in Chief de- volved & continued upon him be presented with one hun- dred pounds for his Extraordinary Service done the Gov- ernment to be paid out of y® Publick Treasury
James Jeffry Cler assem
[p. 325.] In Council Eod"' die
Read and Concurred.
Rich'' Waldron Cler Con
A Message to the board l;)y Mess" Odiorne and Easman w'*' y*^ following reports & votes ab* Lampril river bridge <fec
Pro : N. Hamp''® Whereas the General assembly of the Said Province appointed a Committe to view and find out a Convenient place for building a bridge over Lamprey River that so it might be made to Stand ag'* the force of floods comeing down S'' river and we the Subscribers being the Maj'' Part of S'' Committe ^lat met at time and ])lace ap- pointed did view and find out a place which in our best Judgment Is at the Picked rock so called a little above the first Dam on S'' river which we according to our best under-
172"..] JOURNAL OF GENERAL ASSEMBLY. 125
standing think tlio most proper jilacc to erect the bridge. Given und"^ our hands the twelfth of July 1723.
Shad^ Walton Edw^ Ay res John Plaisted In the house of represent Dec"" 14"' 1723. Voted The above return be accepted.
James Jeffry CIcr Ass"^ In Coun' Eod™ die. Read and Concurred.
Rich^^ Vraldron Cler Con
I Benj-'' Thomas being appointed by the Hon"'''' The Lieu' Gov'' Council and representatives convened in Gen' assembly to be one of a Committe to view Lamprey River and make report of y° Most convenient place to build a bridge over it but not having seasonabl notice to go with the rest of the Gentlemen of y"" Committee These may Certify I have been there and viewed the river and am of opinion with the other gentlemen that at a Picked Rock upon the lower falls near y*" old Dam is y'' most Convenient place for S^ bridge. Given under my h.and y*^ 13"' Decemb"' 1723
Benj** Thomas
[p. 326.] In The House of Represent
Dec-- 14"' 1723. Voted The above return be accepted.
James Jeffry Cler Ass'"
In Council Eodm die
Read and concurred.
Rich-^ Waldron Cler Con
In Coun' Ordered, That The Clerk forthw"> Transcril.e Coi)ys of y^ report ab* Lamprey River bridge, and Send one to the Selectmen of Dover, and another to the Selectmen of Ex- eter together with Copys of the vote of General assembly past thereon and that he write to y'= S'^ Selectmen & Inform
126 PROVINCE OF NEW-HAMPSHIRE. [1723.
them that His Hon'^ y® Lien* Gov"^ and Council Expect a
bridge be built Pursuant to the S'^ Report w"* all possible
dispatch.
Rich*' Waldron Cler Con
A Message to the board by Mess" Tibbits and Gillman w*'' tlie vote of Council for addressing His Majesty respect- ing Gov'' Shute Non-concurr'd in the house also the Vote of Council for restraining hoggs going at large at Portsm" and N. Castle Non concurred ; and the Yote of Council respect- ing y*^ Counterfeiting and altering Publick bills of Credit. Voted by y'^ house to be referred til y® Next Sessions.
A Message To The board by M"" Atkinson w*'* y® Petition of Rob* Auchmuty Esq in behalf of Richard Hilton Esq"" as entered y® 22*^ 9^'' last on which is Minuted a Yote of both houses that y® Consideration of Said Petition be deferred til y^ Session of Gen^ assembly in May next.
A Message to the board by Cap* William Fellows w*'' the following vote
In the House of Represen* Dec' 14, 1723.
Voted That M"" Agent Newman be Presented w*^ one hundred pounds of our mony and that a Committe of both houses be appointed to draw up Instructions to be Sent him desireing him to Preferr the Triennial act for the Choice of assembly to Endeavour the procuring the Stores mentioned in his [p. 327] Petition to y*" Lords Justices, And that he be desired to desist meddling w*° y° line unless to defend anything that may ])e preferred as an Incroachm*, and That M"^ Speaker Wear, CoP John Plaisted Cap* W" Fellows and M'' Theo. Atkinson be of y* Committe of this house to Joyn w*'^ y" Committe of the upper house for to draw up and Send Such Instructions.
James Jeffry Cler assem' In Conn' Eod™ die
Read and Concurred and Voted That Sam' Penhallow,
1724.] JOURNAL OF GENERAL ASSEMBLY. 127
George Jaffrej, Ricli'^ Wibird and Jii" Frost Esq" Joyn \v"' the Gentlemen above for the service above
Rich-J Waldron Cler. Con.
A Message to the house by the Clerk To require their attend^ at y® Council board the Speaker and house Came up accordingly and Then The three following bills being Past in both houses to be Enacted were again read and Signed & Sealed in Presance of the Gen^ assem' (namely)
1®' An act for Calling and Electing an assembly once in three Years.
2. An act In addition to the act Entituled an act for y* Settlem' of y'' Parishes of y* Town of Portsmouth.
3. An act for Granting to His Majesty an Excise on Several liquors.
Then His Honour was Pleased to Prorogue the General assembly til monday the 11"' day of May 1721 and accord- ingly in his Majestys name they were Proro-ued.
Further Prorogued by
Proclamation til the 25'^ May
1721.
[p. 328.] Pro:N. Harnp^^
At a General assembly held at Portsmouth by Prorogation May 25'^ 1721 Present In Coun^ His Flonour John AVentworth Esq' Lieu* GoV Sam> Penhallow ) Shad=^ Walton )
^[ark Hunking [ Esq'« Rich'^ Wibird [ Esq"
GeorJaifry ) Arcli'^Macpheadris )
A Message to the house by the Clerk of the Council to require their attend^ at the board the Speaker & house came up accordingly To whom His Honour made the fol- lowing speech
123 PKOVINCE OF NEW-HAMPSHIRE. [172'i.
Gent'' '
My Intentiou was to have seen you Sooner but when I con- sidered the backwardness of the Season occasion'd by the long rains we have had I determined to give you more time that you might flnisli the busyness of the Spring, and then be better pre- pared to dispatch what maj' now come before you.
I have by the last Ships from Great Brittain received a letter from Gov' Shute, and lie stil assures me he will Contribute every thing in his Power to Serve this Province, and the Present State of his afifah's would not admit of his telling me when he Should Imbarque for New England.
I was in Expectation of Giving you the pleasing account of His Majestys bounty to Port W" & Mary whose Stoi-es are well Ex- hausted and Stock very low but by my letters of the 27 of March last from M"" agent Newman I find the Memorial laid in by him to the Lords of Trade &c did not meet w"" the Expected Success, however he is advised to Petition His Majesty and is in hopes of obtaining.
I have Given Sam* PenhalJow Esq'' a Commission for Treasur'' of this Province and hope you will take care to allow such Sup- plys of money as are necessary for y* Supi)ort of the Government.
Geo: Jatfrey Esq The late Treasurer will lay before you the Publick ace' of the Province in order to be examined and ad- justed.
[p. 329.] I have taken care to guard our frontiers w"' n Scout of thirty two men, eight men in a party, the better to secure our Exposed Inhabitants, a Greater Number may be raised as occa- sion otfers but am willing to make the expence as Easy as Pos- sible Tjiat so you may be encouraged the more liberally to raise mony for repairing and building Fort W"" and Mary. The Com- mitte for that Service have provided Materials & agreed with workmen, but the Season has hitherto prevented them from be- ginning work
The Thousand pound Tax To be raised on the Inhabitants this Present year you can Expect no benefit by for it must be burnt To ashes tlierefore you Avill Consider how to Provide for the accruing charge of this year that so His Maj'J'^ Governm' may be Supported w'^ honour.
J. Wentwokto.
The speak'' in behalf of the house Pray'd His Honour to favour them w"^ a Copy of His Speech, who were answer'd
1724.] JOURNAL OF GENERAL ASSEBIBLT, 129
that the Clerk Should -^ait upon them w^ a Copy thereof and tlien they withdrew to their own apartment. Adjorn'd til tomorrow 10 o'clock A. M.
Pro. N. Hamp'^
At a Gen' assem by adjornm't May 26, 1724 Present In Coun' His Honour John Wentworth Esq Lieu' Gov'' Sam' Penh allow ] Shad'* Walton )
JMark Hunking i Esq" Rich" Wibird \ Esq"
Geo : Jaftrey ) Arch'' Macpheadris )
John Frost Esq. A Message to the board by M"" Sanburn w^'' the following Vote.
In house Represen* May 26, 1724 Voted, That Maj-" Jn<^ Gillman M^ Theo Atkinson and Capt W"" Fellows be a Committe from this house to Audit y® ace** of this Province for y*^ year 1723.
James Jeffry Cler assem
[p. 330.] In Conn' Eod™ die.
Read and Concurred And Mark Ilunking Rich'' Wibird and arch'' Macpheadris Esq''* appointed to Joyn y*^ Gentle- men above for y^ Service above.
Rich^ Waldron Cler Con.
A Message to the board by M^' Sanburn w*'' y"" following answer to y*^ L* Gov''* Speech.
The finswcr of the house of Rcpresen' To His Hou' the Lieut Gov" Speech, Made May 25, 1724.
We arc Sensibly affected and Concerned, that in Tliis time of warr and danger our Memorial To His Majesty for His bounty of Stores of warr meets w*'' Such an unexpected Stop after the Pleasing- views it was laid before us in but we would that if due care and proper and reasonable application were made by our agent it might Yet Prove SuccessfuU.
We are ready to receive M'' Treasurer Jaffrey's accouut and have Chosen a Committe To Audit y<= Same. 9
130 PROVINCE OF NEW-HAMPSHIRE, [1724-
We like wise take notice that yC Honour liath Commission'd Sam^ Penhallow Esq to be Treasurer and Expect he will be quali- fyed by giving- bond.
We Shall Take care in Supporting y'^ Publick faith in discharg- ing' the debts that become due this year from the Province and to raise Such Sums as Shall Support the Government and the dis- charge of such debts as shall be made in the necessary defence thereof.
We acknowlege Yo'' Hon" Care for the defence of our Fron- tiers and Pray the Continuance thereof and Gods blessing upon it.
May 26* 1724. Peter Wear Speak-"
Adjorn'd Til o oclock p. M.
Pro: N. IIam|/'=
Met according to Adjornm*
Present as Before
Adjorn'd Til Tomorrow
10 o'clock A. M,
[p. 331.] Pro : N. Hamj/«
At a Geu^ assem' held at Portsm" by adjornm* May 27 1721 Present In Council His Hon-^ y-^ L' Gov"- Sam' Peiihallow ) Shad^" Walton )
Mark Hunking [ Escf^ Ricli^' Wibird [ Esq^^
Geo : Jaffrcy ) Arch'' Macpheadris )
A Message to iha house by y*" Clerk of the Council w"' a Vote of Council for Pre])ariug a bill ag'' unnecessary firing Guns Durip.g y^ pres' Ind" Warr etc
Adjorned til 3 o'clock p. M.
Pro : N. Ilamp"
Met according to ad jornmeut Present as Before. A Message to the board by Cap* Odiorne and Cap* Gill- man w"' Several accounts w'^" had been under y* Considera-
1724.] JOURNAL OF GENERAL ASSEMBLY. 131
tion of y'' Coiuniittc of Audits, and the auditors report, which report was ordered to lye on y'' Table for considera- tion.
A. Message to the board by M'" Sanburn w"' the following Totes.
In Coun^ May 27, 1724
Whereas there was an Act made and past in y* 18"' year of King William of blessed Memory, forliidding any jier- son to aljuse His Majestys name and authority in Pretend- ing himself to be a Sherriff, Under Sherriff Deputy or Con- stable which really were not so upon very Severe pains and penaltys, and whereas there is no Provision made ag^' Per- sonating a Military officer and abusing Ilis Majestys name and authority as Such by pretending to Impress without Avarrant so to do.
It is therefore
Voted That there be an addition to the Same Act (name- ly) That the penalty for Pretending to be a Military officer or Assuming a Military Power and Authority where there is none Shall Ije the Same as in the S'' Act is Exprest for personating a Civil officer and further that in Said Addi- tional Act, the Unnecessary lireing Guns from the first day of March to y*^ last day of NovemlV annually dureing the Present Ind" warr in the Towns of Dover, Exeter, Kings- ton and London Derry Shall Ijc prohibited on ])ain that every offend' Shall pay forty Shillings being Convict.
Rich'' Waldron Cler Con [p. 332.] In the House of Represent Eod™ die
The above vote of the Council this day read and Voted a Concurrence w"" these amendments (viz) to he added The Towns of Greenland Streatham and Newington and that the Penalty be but ten Shillings and if the Delin(]uent hath not mony to pay, then to l)e })unished at y" Discretion of y" Military officers in the Town where the offence was Committed and That no man fire w"' out leave from Ilis Cap* or field officer.
132 PROVINCE OF NEW-HAMPSHIRE. [1724.
And That John Gilhnan Esq'' and Theo'' Atkinson be of the Committe of this house to joyn w*'^ the Committe of the upper house to draw up an Act according to the a])ove vote -^th ye amendmt^ agreed on.
James Jeffry Clcr Assem
In Coun^ Bod"' die. Concurred w**^ the Amendments And Shad^ Walton and John Frost Escf^ appointed to Af;sist in drawing the bill
Rich<^ Waldron Cler. Con. In the house of Represen* May 26*^^ 1724 Voted That Jotham Odiorne Esrf and M-^ William Fel- lows, and M'" Theo : Atkinson be of the Committe from this house to Joyn w"' a Committe of the upper house to ac- count & receive the old Inlls of Credit of Each sort that is to be burnt this assembly, and make their return to the assembly. James Jeffry Cler Con
In Conn' May 27, 1724. Read and Concurred and Sam' Penliallow Arch'' Mac- pheadris and John Frost Esq" appointed for y° Service above. Rich'' Waldron Cler Con
Adiorned til Tomorrow 10 a Clock a. m.
Pro : N. Hamp''°
At a Gen' assem held at Portsm° by adjornm' May 28"' 1724. Present In Conn' His Honour John Wentworth Esq" Lieu*^ Gov"^ Sam' Penhallow \ Shad-'' Walton )
Mark Hunking [ Esq"'' Rich*^ W'hird V Esq'"*
Geo : Jalfrey ) Arch'' Macpheadris )
John Frost Esq. A Message to the l)oard by M'" Redman w'" the follow- ing vote.
[p. 333.] In The House of Represent May 27, 1724. Voted That Ezekiel Moulton be allowd & paid out of the
1724.] JOURNAL OF GENERAL ASSEMBLY. 133
Treasury twenty Shillings in full for Piloting two Ind"^ To Xewbury and bringing back their horses.
James Jeffrey Cler asseni In Conn' May 28«^ 172-1. Read and Concurred. Rich'' Waldron Cler Con
A Message to the board by Cap* Ordiorne and Cap* Gill- man w"^ the following vote.
In The honse of Represen* May 28"' 1724. yoted That M*" Speak'' "Wear be of y^ Grand Committe for y'= 15,000£ in the Room of Col° Thomas Packer De- ceased. James Jeffry Cler asscm
In Coun' Eod"' die. Read and Concurred. Rich'' Waldron Cler Con
Adjorned til Tomorrow 10 o'clock A. M.
Pro. N. Hamp''^
A a Gen' assem held at Portsmouth by adjornm* May 29*" 1724. Present In Coun' His Honour John Wentworth Esq L* Gov"" Sam' Penhallow ) Geo. Jaffry \
Mark Hunking [ Esq'*^ Rich'' Wibird \ Esq'"';
Shad-'' Walton ) arch'' Macpheadris )
A Message To The house by Samuel Penhallow and arch'' Macpheadris Esq'"* To recommend to their consideration y'' Vote of Conn' past last Sessions ag^* Counterfeiting bills of Credit and M"" Hiltons Petition preferred by M'" Auchmuty, and both Suspended til the present Session.
A Message to the board by ^P Dennet & Cap* Tibbits w*'' the following vote.
In The house of Rcprcsen* May 29'" 1724. Voted That The accounts of George Jaffrey Esq late
134 PROVINCE OF NEW-HAMPSHIRE. [1724.
Treasurer of this Province as reported by the auditors be accepted and allowed.
James Jeffry Cler assem [p. 334.] In Conn' Eod'" die
Read and Concurred (memorand'" y*^ ballance due to y^ Prov: is £19: 4: 8.)
Rich'^ Waldron Cler Con A Message to the Ijoard by Cap' Downing & M"" Sanburn w*'' the following vote.
In the house of Represen' May 29"' 1724. Voted That there be Signed of the Two Thousand pounds now ready Imjirest y*" Sum of Seven hundred ninety eight pounds seven Shillings and put into the Treasury for the payment of the Sundry debts now allowed and remain- ing due from the Province, and other Contingent Charges that may happen, and That His Honour The Lieu* Gov'' be desired to Issue out warrants accordingly, for y'' Payments of what is yet unpaid and for payment of y® Contingencys
James Jefifry Cler assem In Conn' Eod™ die Read and Concurred.
Rich'^ Waldron Cler Con A Message to the board by M"" Dennet w'^ the two follow- ing Votes,
In the house of Represen' May 29'" 1724. Voted, That There be a Tax of five hundred pounds laid on The Inhabitants of this Province, and that it be brought into the Treasury by the middle of January next in mony and that It shall be applyed for discharging the Support of the Government, as (he Gen' assemldy Shall order and that an act be drawn up accordingly, and That John Gill- man Esq. and W Theo : xitkinson be of the Connnitte of this house to Joyn w'" a Connnitte of the upper house to draw up the act accordingly.
James Jeffry Cler Assem
1724.] JOURNAL OP GENERAL ASSEMBLY. 135
111 Couu' Eod™ die Read and Concurred and Geo : Jaffiy and Arcli*^ !Mac- pheadris Esq" appointed to joyn for y*^ Service above'
Rich'^ Waldron Cler Con In the House of Represen' ^lay 29^-^ 1724. [p. 335.] Ordered That Each Town and Precinct within This Province Shall Sometime before the first monday in October next chuse Some proper person to meet at y^ Court House ill Portsm° on S'd day. Then and There to agree upon rules and measures for y*^ New proportioning the Province Tax for every town and precint w"'in this Prov- ince (the best they can) and make return thereof unto the next Sitting of the General assembly that Sit after the Said day for their approbation, and That each Town pay the Person chosen for His Service therein.
James Jeffry Cler asscm 111 Coun' Eod'^^ die Read and Concurred.
Rich-^ Waldron Cler Con Adjorn'd til tomorrow 10 oclock a. m.
Pro : N. Hamp^"
At a Gen' Assembly held at Portsm'^ by adjornm* May 30'" 1724. Present In Coun' His Honour John Wentworth Esq L* Gov"" Sam' Penhallow ) Shad'^ Walton )
Mark Huuking [ Esq--^ Rich"* Wibird [ Esq"
Geo : Jaffrey ) Arch*^ Macpheadris )
John Frost Esq A Message To The board by Mess''^ Odiorne and Gillman w"^ the following report and Votes
We The Subscribers hereof being a Committe of both houses to account and receive and tell over the mony of
136 PROVINCE OF NEW-HAMPSHIRE. [1724.
each sort that is to he burnt in this assembly Do thus make our return
Reel from Geo : Jaffrey Estf (of y° 15000£ bank) £i37 : 4:6^- Do from D« on ace' of Col° Packer (of y<= Same) 189 : 4:1
£626: 8: 6
Eec^i of Geo : Jaffrey Esq (Exch" on y^ 5384£) 142 : 11 : 6
Ditto of Col° Wear (of y« Same) 21 : 3 : Ditto of Col° Plaisted of y« Same 11 : 3:6
Ditto of Ricli'^ Wibird (ditto) 70 : 5 :
251: 3 Ditto of Col'' Hanking- (ditto) 31 : 6: 6
We Received of y'= 15,000£ bank mony y° Sum of Six liundred twenty Six pounds eight Shillings and Sixpence, [p. 836.] And of tlie 5384£ old Defaced bills Exchanged y*' Sum of two lum- dred and fifty one pounds three SluUiugs, and more of CoP Hunk- iug thirty one pound five Shillings and Sixpence May 28, 1724 Jotham Odiorne Arch'* Macpheadris
W"' Fellows John Frost
Tlico: Atkinson
In The House of Represen* May 30«'^ 1724 There was brought into and burnt in the face of the General assembly of tlie fifteen thousand pound bank mony, the sum of- four liundred thirty Seven pounds four Shillings and five pence, by Geo: Jatfrey Esq'' & also the Sum of one hundred eighty nine pounds four shillings and one penny by the S''' George Jaffrey of the Same Ijank mony rcc'd of Col° Thomas Packer deceased and the Said Packer and Jafirey are hereby discharged of *the Said Several Sums.
James Jeffry CI or Assem
In Council Eod"' die. Read and Concurred.
Rich'' Waldron Oler Con In the house of Represen* May 30"' 1724 Voted That The old broken Defaced bills of Credit of this Province of the first Impression There was brought
1724.] JOURNAL OF GENERAL ASSEMBLY. 137
into llie assembly by the Trustees and told over by y® Com mitte appointed as pr their return, and that those of the Trustees that brought in the Same be discharged of the Several Sums brought in (viz) Geo : Jaffrey Esq'" of the Sum of one hund*^ forty and two pounds eleven Shillings and Sixpence and M"^ Speak'' Wear of the Sum of twenty one pounds three Shillings and Jn° Plaisted Esq"" of the Sum of Eleven pounds three Shillings & sixpence and from Rich'^ Wibird Esq"^ y® Sum of Seventy Six pounds five shil- lings, and from Mark Hunking Esq the Sum of thirty one pounds five Shillings and Sixpence and They are hereby discharged of the Said Several Sums.
James Jeffry Cler Asscm [p. 337.] In Council Eod'" die
Eead and Concurred
Rich^' Waldron Cler Con
A Message to the Ijoard by Jotham Odiorne Esq. w"' y^ following vote
In The house of Sepresen' May 30^'^ 1724. Voted That the old Prison in Portsmouth be sold for the benefit of the Province to the best advantage by a Com- mittee appointed for that end and that John Gillman Esq'' and M'^ Theod''' Atkinson be of the Committe from this house to joyn w'^ a Committe of the upper house to do y^ Same.
James Jeffry Cler Assem'
In Coun' Eod"^ die.
Read and concurred
Rich'^ Waldron Cler Con
Adjorn'd Til y« 10"' June
Next.
138 PROVINCE OF NEW-HAMPSHIRE. [1724.
Pro : N. Ham}/'^
At a Geii^ Assem lield at Portsm" by adjornm* June 10* 1724. Present in Coun^ His Honour John Wentwortli Esq'*^ Lieut Gov'' Sam' Pcnliallow ) ShacV"' Walton ]
Mark Hunking [ Esq" Ricli'' Wibird [ Esq''^
Geo : Jaffry ) ArclV' Macpheadris )
A Message to the board by Mess''' Fellows and Atkinson to acquaint His Honour That Pursuant To a Receipt from M"^ Speaker to have a representative chosen in the Town of Dover in the room of Cap' Tim° Gerrish who had lately removed out of the Province Cap* Benj-'* Wentworth was return'd pr the Siierriff as lawfully Elected & to Pray That the S'd Cap* Wentworth might be qualifyed &c Whereupon His Honour appointed Geo : Jaffrey Esq'' and Rich'' Wibird Esq'' and The Clerk to go into the house of Represen' and adm"" the proper oathes w''' was Immediately done accord- ingly.
[p. 338.] Sam' Ingals being admited into the Council Chamber Presented a Petition To The board In behalf of himself and others Praying that the Garrison at Chester might be Strengthen'd w"' men at y® Province Charge w'^'* was read and Sent down Ijy Sam' Penhallow and Geo : Jaifrey Esq""^
Adjorned Til Tomorrow 10 oclock A. M.
Pro : N. Hamp'-''
At a Gen' assem held at Portsm" by adjorm' June 11"' 1724, Present In Coun' His Honour John Wentworth Esq Licu*^ Gov"" Sam' Penhallow ) Shad^' Walton )
Mark Hunking [ Escf^ Rich'' W^ibird { Esq''*
Geo : Jaffry ) arch'' ]\racpheadris )
John Frost Esq
1724.] JOURNAL OF GENERAL ASSEMBLY. 139
The Petition of Jotham Odionie Esq Praying for a Spe- cial act to Enable him to bring forward a Suit ag*' Rich'' Jordan at y'' Next Snper'" Court &c for reasons therein men- tioned whicli was read and dismist,
A i\[essage to The board by Cap' Fellows and Cap' Tib bits w"' a bill Entituled an Act to Ascertain the Time for y'' redemption of land Mortgaged on Conditions or by deed of Sale w'** defeasance av'^'' was past in the house to be En- acted, and being read three times at the l)oard tlie Council Concurred and ordered the Same to be Engrost.
By the Same Message The bill (w'^'^ was reported to the house by y'' Committe appointed to draw the same) Enti- tuled an Act in addition To an act made in the thirteenth Year of King William The third Impowering Sheriffs Und^ SherrilTs Deputys or Consta!)les to demand aid and assist- ance in y'^ Execution of their respective offices, which being Past in the house was Concurred in Council having had its Several readings there.
By The Same Message the following Vote
In The house of Represen* June lO'** 1724.
Voted That Jon^ Moulton be allowed and paid out of the Treasury for ten days Service under Lieu' Jos : Beard (he haveing taken his oath of S''' Service) as Centinel.
James Jeffry Clcr Assem
In Conn' June 11"> 1724.
Read and Concurred. Rich'' Waldron ClerCon.
[p. 339.] A Message To The board by Cap' Wiggin w"^ tlie Petition of Sam' Ingals and others (w*^'' was read at y° board and Sent down To y*" house Yesterday.) Voted to be dismist.
By The Same Message a Bill Entituled An Act To Levy a Tax of five hundred pounds on the Poles and Estates w"^ in this Province, Past in the house To be Enacted w"'' being Several Times read at y^ board y° Council Concurred Therew'".
140 PROVINCE OF NEW-HAMPSHIRE. [1724.
Gcorgo Jaffrey Esq Presented To The board a bill Enti- tuled an act In addition to the act ag^' Trespasses in Town Commons which being Several times read at the board was Past To be Enacted and Sent down to the house }/ the S'd Geo Jaffrey Esq'"
Adjorn'd Til 3 o'clock p. m.
Pro : N. Hani]/^
Met according To adjornm*
Present as Before
Adjorn'd Til Tomorrow 10 a'Clock a. m.
Pro N. Hamp'*'
At a Gen' assem held at Portsm° by adjornm* June 12*'' 172-i Present in Coun^ His Hon'' John Wentworth Esq Lieu* Gov'" Samuel Penhallow "i Shad'^ Walton )
Mark Hunking S Esq'"* PJclr' Wibird [ Esq'^^
Geo : Jaffry ) Arch"' Macphreadris )
John Frost Esq Robert Buruham was admitted into The Council Cham- ber, and presented an Ind" Scalp To tlie board, and made oath Tliat it was l)ona fide the Scalp of an Indian Slain two days before at Oyster river by a Party of Men under y® Command of M'" Abraham Bennick & that he believed y® S'd Ind" was an Enemy Indian ttc Whereupon it was or- dered TJiat Pursuant To xVct of Gen^ Assem' the Slayer be paid one hundred pounds out of The [p. 340.] Treasury and that the Clerk forth w"' prepare a warrant accordingly: the Said Sum being made payable To Cap* Francis Mat- thewi at y'' request, and on the account of the S''' Slayers. Adjorned Til 3 a'Clock p. M.
1724.] JOURNAL OF GENERAL ASSEMBLY. 141
Pro : N. Hamp'"''
Met according To acljoniment Present In Coun^ As Before. A Message to the board by Maj"" Gillnian and Cap* Went- worth with the following vote.
In The house of Represen* June 12"» 1724. Benj^ Gambling Esq'' high Sherriff of this ProTinco of New Hampshire desires the Gen' xVssem. for an allowance for his Service as high Sherriff for y° year 1723 and Sub- mitts it to the Gen' xissem'.
Voted That There be allowed and Paid him out of the Publick Treasury in full of his S'^ Service the Sum of thir- teen pounds.
James Jeffry Cler Assem
In Council Eod™ die Read and Concurred
RiclV' Waldron Cler Con
By The Same Message A Petition of the Commoners of Hampton Praying for a Committe To lay out land in Kings- ton &G Voted To be Suspended Til Next Session &c and That Kingston be notify 'd as Endors'd on S'*^ Petition on file — And The Bill about Trespasses Sent down Yesterday Voted To be Considered . at the next Sessions and an ace' of Rob* Coates Voted To be dismist, which was returned by Geo Jaffrey To be reconsidered, and Immediately brought to the board again by M'' Redman w^ut amendment.
This day The Council Concurred w"' the Vote of the house upon y° first report of y'' Committe of audit Sent up y® 27 of May last, which is as follows. [p. 341.] We whose names are underwritten being ap- pointed Committe to audit the accounts of the Province of New Hampsli'^^ for y^ year 1724 Do allow as follows.
142 PROVINCE OF NEW-HAMPSHIRE. [1724.
N° 1. An account Sigu'd Robert Coates for work and necessarys for Fort ^V"' & Mary am« To 29. 12. 3 £19. 1.5 being paid by M' Jaffrey y« Treasu'- so remains due & allow d £10. 10. 10
N" 2. Ail Account for work as above Sign'd Eicli"^ Perry am° [To £19. 8 Paid by mony from y^ Treasurer & old Iron £17. — remains due & allowed 2. 8.
N° 3. M'' Treiisi/ Jaffrey Ace' allowed and due to the
Province £19. 4. 8
Besides outstanding in y'^ Constables hands Gl. 13. 5 and some Smal Stores liatchets jjowd'' &c which M"" Penhallow must be debted with.
N° 4. An account Signed John Frost in behalf of Rob' Sanders of y^ Isles of Shoales for coming tobring the News of a Pirate am" To 40s alio wed. 2. 0. 0 to be pal ! by y^ Constable of Gosport who as yet is behind hand in the payment of his Prov- ince rates for y^ year 1723 N° 5. An Ace' Signed Benj^ Acreman for Service as
doorkeeper, & Expresses &c allow'd 7. 10
The Clerk of the Council not haveing kept an Ace' of his Service done for the year past recommends the Same to this house for allowance Allowed ]\P Waldron 72. 10.
An Ace' Signed Clem' Hughes Commission' of the Excise being examined and found to be right Cast there is due to the Pi-ovince for y*^ year 1723 now in his hands the sum of £90. 14.
The Said Hughes Prays a fuither allowance on his account for y^ year 1722, being for Sundrj- Services which is mentione 1 in his arc' and wliich y^ Com- mitte of audit for tliat year disallowd being recon- sidered allowed 4. 10. An account Signed John Newmarch for a Castle
boat am" to £28. 14. allowed 26. 13.
[i>. 312.] An account Signed Joseph Moulton for
Ditio band/ am" To £3. 1. 6. allowed 3.
An Ace' Signed Joseph ^SIoscs for Joyners work on
Ditto boat am° to £2. 15. allowed 2.
An ace' Signed Susanna Smal for Expencc:? am" To
£3. 13. 10 allow'd the Said Sum 3. 13. 10
1724.] JOURNAL OF GENERAL ASSErdBLY. 143
An account of Sundiy Smal necespavys from y"^ Gun- ner of Fort W™ ic U-dvy am" to £9. 17. 1 allow'd 9. 17. 1 An ace' Signed Josli^ Bab for Glass work on the Frov :
goal am" To 1. 17. 2 allowed 1. 17. 2
An account Signed John Clark for Masons AYork on
the Said Goal am" to 26s allowed 6, 1.
An account Signed John Gillman for Services done as Commissary for Sundry Provisions & Stores D*^ to the forces at Exeter am" to 27. 11. 1 referred to the house for their Consideration & appro- bation.
AT"' Fellows Mark Ilnnking
Theo"^ Atkinson Rieh'^ A^'ibil•d
Arch"* Alacpheadris
In the House of Represent May 27"^ 1724. Toted That The within vctuni of the Auditors of tlie accounts be accepted and allowed, and that what is unpaid be paid out of the Publick Treasury.
James Jeffrey Clcr Asseni In Conn' June 12"^ 1724. Read and concurred Rich'^ Waldron Cler Con
A Message to the board Ijy M'' Atkinson w"' the following report and Votes,
AYe Underwritten being appointed a Committc to audit The Publick accounts report as follows June 11"' 1724 To Jotham Odi- orne Es(f for 2 days viewing Fort AV" k ]\Iary & to let out y'' work w"' expenccs £1: 7, alloAved Kothing £0: 0: 0
John Plaisted Esq"" his ace' for ditto £1 : 19, allowed 0:0:0
Edw*^ Toogood's ace' for lime and labor not proved [p. 313.] John Knights ace' for expcnces of the Gov"" and field officers at Several times for Service of the Government £S: IS: 8 allowed in full dis- charge of S"'^ ace' £5: 7: 8 The account of Jolin Gillman Esq"' for Sundry Services for Goverm' am" To 27: 11: 1, allow'd in full discharge of S'd account 7: The account Signed Benj^' Leavit for Seizeing a De- serted Ind° from y* Mass'' w"' Cliarges of other men to assist him £1 : 5 not allowed.
Mark TInr.k'ng lliclii AVibii-d AV"" Fellows Arch<^ Macpheadris.
144 PROVINCE OF NEW-HAMPSHIRE. [172-1.
Ill the House of Represen' June 12"' 1724. Voted That The above accounts bo allowed, and the Several Sums set of be paid unto each person out of the Publick Treasury and that there be paid To Maj'' John Gillman besides the above allowance tlie Sum of three pounds as an addition, and paid out of the Publick Treas- ury also.
James Jeffrey Cler Assem
In Council Eod''' die
Read and concurred.
Eich'^ Waldron Cler Con
Adjorn'd Til tomorrow 10 a Clock A. M.
Pro. N. Hamp"""
At a General assem held at Portsm" by adjornm* June 13*^ 1724. Present in Coun^ His Honour John Wentworth Esq Lieu* Gov'^ Sam' Penhallow ^ Shad* Walton )
Mark Hunking S Esq'"'' Rich** Wibird S Esq""^
Geo : Jaffrey ) arch'^ Macpheadris )
John Frost Esq'" A Message to the board by Mess""^ Downing, Fellows and Dennet w*'' the following vote
In the House of Represent June IS^ 1724. Voted That His Honour The Lieu* Gov"" haveing the whole Government as Commander [p. 344.] In Chief stil continued upon him) be Presented w*'^ the sum of one hundred pounds for his Extraordinary Service done the Government in this Time of warr, and that It be paid him out of the Publick Treasury.
James Jeffry Cler assem
In Council Eod™ die Read and Concurred.
Ric¥ Waldron Cler Con.
1724.] JOURNAL OF GENERAL ASSEMBLY. 145
A Message to the board by M'" Atkinson w"' the following vote,
In The honse of Represen* June 13"' 1724. Voted, That ten pounds five Shillings be paid out of The Publick Treasury To Cap' Benj" Wentworth in full of his account for distributing Stores To y° SoukV'^ &c
James Jeffry Cler assem. In Coun^ Eod™ die Read and Concurred
Rich^ Waldron Cler Con
A Message To The house by y*" Clerk of the Council to require their attend^ at the board The Speak^" and house came up accordingly and the three following bills being read ct Signed and Sealed in Presence of the Gen' assem (namely)
1** an Act in addition to an Act made in y'^ lo*'^ year of King "William the 3'' Impowering Sheriffs under Slierriffs Deputys or Constables to demand aid and assistance in the Execution of their resj)ective offices
2*^ an Act to ascertain the time for y** redemption of lands Mortgaged on Condition or by deed of Sale w''' de- feasance
3. an Act To Levy a Tax of five hundred pounds on the Poles and Estates w"'in this Province.
His Honour was pleased to Prorogue the General Assem' and accordingly They were
Prorogued Til the 13'!^ day of October Next.
Further Prorogued by Proclam
Till y« W^ Instant. 10
146 PROVINCE OF NEW-HAMPSHIRE. [1724.
Henry Newman'' s Letter to Committee of both Houses.
[From MS. Correspondeuce in Secretary's Office, p. 37.]
To Mr. Peuliallow and y'' Gent, of the Comittee of both Houses in
New Hampshire.
Middle Temple, 29* Sept. 1724. Gentlemen —
I received your Instructions dated the 10"' of March last, signed by Mr. Fenljallow in behalf of the committee of both Houses, and immediately applyed nn self to execute your Orders.
1 v/ent to the board of Trade with the Triennial Bill and ac- quainted Mr. Secr'y Popple with the Directions I had received thereon ; he told nie they could receive no Bill there without the Province Seal to it: I told him I would leave the Copy I had re- ceived as an Aullientick Copy signed by the Secr'y of the Prov- ince, tjill a Copy with the Seal of the Province could come; he said, I might do so if I would, but the Board would consider it only as a Piece of Waste Paper, and give no opinion of it till it came in Form. I then suspended farther application in Hope the next Ship might bring' a Copy in Form; but to this day none is come. 111 the mean time I have acquainted the Governor with the contents of the Bill, knowing' the Board of Trade would con- sult him thereon, before they Avould recommend it to the King. The Govern'' said he thought it an improper juncture to ofler a Bill for limiting" the Prerogative, when the neighboring- Province had incurred the Jealousie of the Coiirt by several invasions of it; but if the Province of New Hampshire thought their Interest much concerned in it,' he would not oppose it; if the Governm* here should think lit to approve of it.
I have since asked some Gentlemen belonging to the office of Trade and Plantations Avhat they thought would be the sentiments of the Board on such a Bill, when it came regularly before them: and they told me it is dubious what might be the success of it for these Peasons :
l**' Because of the Incroachmeuts of a neighboring Province.
2<iiy That as the Province was at this time Petitioning the Crown for a considerable Favour of stores, the oflering such a Bill as should limit the Crown was not so well tim'd as might be wish'd.
;3iiiy That the Commons of Great Brittain did at an impoi'tant Juncture obtain such a Limitation on the Crown as that a New Parliament should be called once in 3 years, but Experience had shown that such a Limitation was prejudicial to y^ subject by the Tunuilts and Expence it occasioned to the Candidates for Elec- tion, and therefore they had since obtained an Enlargement of that Limitation from 8 to 7 years.
I mention these Things that you may, if you think proper, sub- mit them to the Consideration of the assembly.
The Board of Tiade have very kindly espoused and recom- mended to the (iovernment the memorial for stores for Fort Wil- liam and Mary, but the office of Ordnance have not done so, because the Stores sent by an order of Council in the late Queen's time are not paid for to this day. and they seem content it should remnin as a desperate Debt, provided they may never have such orders again, without a Provi.'^ion in Parliament.
1724.] JOURNAL OF GENERAL ASSEMBLY. 147
I liave seen at the office of ordnance their memorial to my Lord Cadouain, but have not yet been able, after frequent solicitations to yet an Authentic Copy of it. They also latel}^ refns'd giving any co])y and told me I must go to the Secretary of State's otRce for it; Mr. Delafaye, who then acted as Secretary of State, assures me he never received it, and having- since desired a copy of it, they sent him a copy, or rather an Extract of it Avithout any name to it, and when Mr. Delafaye shew'd it to me, he told me he could only let me read it, because it did not come regularly to him. I told him that would do me no service without the libeity of copying it, and having- y'' names of those who signed it. He then desired I would write to him such a letter, as I had sent a a copy of, dated the — ? of July last, and that he would try to get a copy on such a Letter. I have since been to wait on him at Windsor to know what effect this method of application had; my journey was in vain, for he plainly told me, unless I would give him his own time, he could not serve me.
I have again wrote to him the l?"* curr' in the terms herewith sent, Init have no answer. Nor can I take more steps in this affair with the ministry without a Copy of this memorial to iire- vent any further Reference to the (.)rdnance.
As to the affair of the Lines, I am attentive to any step the Agent of jMassachusetts may take therein, and shall make the best use I can of the Instructions you have given to Defend your In- terest when occasion offers,
TIk! Board of Trade will not meddle with it, till it comes re- fcrr'd t<^ "em by the Governm', and to Petition the king, at this juncture to urge a Hearing before the Council, I am sure of a great Expence, bttt not so sttre of serving the Province therein with success, as I desire to be when I make application about it.
Please to assure the Lieutenant Gov"' and both Houses of the Assembly of my humble service, and thankfull acceptance of their last llemittance, and to believe that I am. Gentlemen,
Yo'' most obedient Humble servant
Henry Newman.
My former went hy Capt° Steel.
[p. 345.] Pro: N. Hami/.
At a Geii^ assem lield at Portsm" by Prorogation y° I'd'^ October 1724. Present In Council His Honour John Wentworth, Escf' Lieu' Gov'' Sam' Peuliallow ) S]iad=^ Walton )
^lark Hanking [ Escf'' Rich^' Wibird [ Esq""^
Geo : Jatfrey ) Arclf' Macplieadris )
Jno Frost | j.,, Joth Odiornc ( '' ^
148 PROVINCE OF NEW-HAMPSHIRE. [1724.
A Msssage to the house by Geo : Jaffrey Esq""^ and Arch'' Macpheadi'is Esq'" & the Clerk to Prorogue the Gen' assem- bly tt they were accordingly
Prorogued til y" V^^ of Novemb'' Next.
Pro : N. Hamp-^"
At a Gen' assembly held at Portsm" by Prorog^^ O'"' 16"^ 1724. Present In Council at y'' Lieu* Gov"" house His Plonour John Wentworth Esq Lieu' GoV Mark Hunking | ^ .^ Rich" Wibird } ^^
Shad--^ Walton \ ^^^ Jn° Frost j ^^
Jotham Odiorne Esq''® A Message to the house by Jotham Odiorne Esq and y® Clerk to require their attend" at the board the Speaker and house came up accordingly to whom Ilis Hon' addressd himself in y*^ following speech.
Gentlemo),
I litive at all times manifested my concern for tlie welfare of this Province & people and I now give you fresli Instances of my readyness to do anything that is in my power that may add to Its Peace and prosperity.
It will be very pleasing to me to See the business of this Ses- sions meet w**^ dispatch yet not in a hurry but to give every thing Its due consideration.
[p. .'U6.J I was in great expectation that our forces Eastward would have met with better success, but the Season of the year being so far advanced, and our men much fatigued by its long march av"' other concurring circumstances put an End to that Exi)edition.
The i)reseiit expensive warr we are Engaged in dayly increases y*^ Cliarj^-e of y'' Province so I find there will be a necessity of Stiikino- or emitting- more bills of Credit in order to discharge y" extraordinary demands of the warr. I would put you in mind y'due cai-e be taken that what bills of Credit arc aimiially brought in by tax on y Inhabitants be burnt to a«hes according to act of Gen' assembly and not Issued out of the Treasury again on any pretence whatsoever.
It would bean honour to this Government to make suitable pro- Ausion for chan<4in^- such bills of Credit of tliis Province as are so defaced that they Avill not pass from man to man, and appoint a Person or Persons lor tlie Same.
Thj expcncc of the Province for the year I have managed Avith
1724.] JOURNAL OP GENERAL ASSEMBLY. 149
all possible friig-ality, and what mony you raised the last Session has been api)ly"d to y*^ Uses it was designed for.
I have ordered M'' Treasurer Penhallow to lay before you the Publick accounts, and the IMuster llolls to be brought, in," that so they may be Exaniin'd & Adjusted.
I doubt not but you will allow such Supplys of Money to the Treasury as may be wanting to discliarge the Just debts of the Province, and also make Honourable Provision for the Support of this His ^Majesty's Government.
By The last Ships I Rec'^ letters from His Excellency Gov' Shute, who Intends here y" next Spring haveing a prospect of Composing his affairs by that time. His Excellency Thinks him- self neglected (Since he is there serveing y*^ Province at his own Expence) That the assembly dojit make him Some hansome allow- ance. I am very well assured that he has and will do us any Ser- vice in his Power.
This Gentlemen you may remember I have frequently recom- mended to your Consideration.
M'' Agent Newman has also Avrote me by some of the last Ships from Great [p. 347.] Brittain That he Is Still Soliciting about the line and Stores for F()rt W'" & Mary but as yet not the desired Success but yet in expectation of bringing it to a good Issue
J. AVentwouth.
A Copy of The foregoing Speech being desired by the Speaker in behalf of the house y'' same was delivered him ])y y'' Clerk, & then the house w"' drew to their own Chamber.
Adjornd Til tomorrow 9 a Clock a.m.
Pro : N. PIamp^^
At a Genl assembly held at Portsm" by adjornm' 9'^'- 17'^' 1724. Present In Council His Hon-" Jii" Wcntworth Esq'"'' L' Gov"". Samuel Penhallow } t-, Geo. Jaffrey ) -pi
Mark Hunking \ ^^^ Rich'» Wibird j ^""^
Jotham Odiorne Esq""" A Message to the board by Cap' Gillman w"' the follow- ing vote.
In the house of Represen*. Voted Tliat Maj'' John Gillman Andrew Wiggin Esq & M' Theo : Atkinson be of y'' Committe of this house to joyn
150 PROVINCE OF NEW-HAMPSHIRE. [1724.
with a Committc of the upper house to audit the accounts and Muster Rolls brought in this Session
9br 17th 1724, James Jeffiy Cler Assem
In Coun^ Eod'^ die Read and Concurred and Mark Hunkiiig Rich'' Wibird and John Frost Esq'' appointed for y'' Service above. Adjorn'd till tomorrow 10 a clock A. M.
Pro N. Hamp'^®
At a Gen' Assem held at Portsm°
by adjornm' i)'"' 18"' 1721. Present In Council His Hon'' John Wentworth Esq L' Gov"" Sam' Penhallow ) -j^ , ,.^ Shad^ Walton ) -r, „ Mark Hunking \ ^'^'^ ^ Rich" Wibird \ ^^*1 Jotham Odiorne Esq [p. 318.] The Gommitte appointed to New Proportion the Towns reported To the board that they were of opinion that matter might be as well deferr'd for about Six months <fec (as pr y'' report at large on fde) Whereupon It was Voted as follows
In Coun' Nov 18'" 1724. The above report was read and accepted
Rich'' Waldron Cler Con In the house of rcprcsen' Eod die. Read and Concurr''' (w"' this amejidm') that It be de- ferred dureing y'^ Ind" warr.
James Jeffry Cler Assem
In Coun' Eod die Concurr'd w"' the amendment
Rich'' Waldron Cler Con Thomas Alden presented a Petition to y*^ board praying for an allowance of 7. 3. 6 out of y'' Treasury for adminis- tering (as Docf) To one Pummery a Souldier now dec''.
1724.] JOURNAL OF GENERAL ASSEMBLY. 151
Ordered That Eleazer Culman Master of S''' Pummery be
notified to appear next fryday at y^ Council board to Inform
wliat he knows Relating to the Premises.
Adjorned till tomorrow
10 a clock A.M.
Pro : N. Hamp-"*^
At a Gen' Assem held at Portsm"
by adjornm' Nov"^ 19"' 1724 Present In Conn' His Honour John Wcntworth Esq L* Gov'^ Sam' Penhallow ) Shad'' Walton )
i\Iark Hnnking [ Esq'"^ Rich'' Wibird [ Esq"
Geo : Jaffry ) Jn" Frost J
Joth Odiornc Esq'"'' Adjorned til tomorrow 10 o'clock a. m.
Pro : N. Ilamp'"'^
At a Gen' assem' held at Portsm"
by adjornmn" Nov'" 20'" 1724. Present In Coun' His Honour John Wentworth Esq L* Gov'' Sam' Penhallow ) Shad-' Walton )
Mark Hunking [ Esq'"» Rich" Wibird [ Esq-"^
Geo. Jaffry ) Jn" Frost )
Adjorn'd till tomorrow 10 a'clock a. m.
152 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 349.] Pro N. Hami/<^
At a Gen' assem held at Portsm° by adionim" 9'^^ 21^' 1724. Present In Conn' His Ilononr John Wcntworth Esq L^ Gov'' Sam' Penhallow ) Shad^' Walton )
Mark Hnnking i Esq'* Rich'^ Wibird ( Esq'"-'
Geo : Jatfrey ) Arch'' Macphreadis )
Jn^ Frost _ }
Jothani Odiorne \ '• Adjorn'd til Monday y« 23'' Instant, 3 a clock p. M.
Pro : N. Hami/'^
At a Gen' assem held at Portsmouth
by adjornm" Nov'' 23'' 1724. Present In Conn' His Honour John Wentworth Esq L' Gov' Sam' Penhallow^ Shad=^ Walton^
Mark Hunking VEsq''^ Rich" Wibird VEsq"
Geo: Jaffrey J Jn*^ Frost . J
Joth"' Odiorne Esq'^" Adjorn'd til tomorrow 10 a clock a. m.
Pro N. Hamp"'
At a Gen' assem held at Portsm"
by adjornm' 9'^'' 24, 1724. Present In Conn' His Hon"" John Wentworth Esq'''= Lieut Gov"" Sam' Penhallow ) Shad-'' Walton )
Mark Hunking [ Esq" Rich'' Wibird [ Esq''^ Geo Jaffrey ) Jn" Frost )
Jotham Odiorne Esq"^® Adjoi-n'd till tomorrow 10 a clock a. m.
1724.] JOURNAL OF GENERAL ASSEMBLY. 153
Pro: X. Hamp'"^
At a Gen' assem held at Portsm" by adjonim' Nov'' 25"' 1724. Present In Coun' His Honour John AVentworth Esq L* Gov"" Sam; Penhallow ) Rich'^ Wibird )
Mark Hunking \ Esrf* Arch" Macphreadris > Esq''" Geo : Jaffrey ) Joth Odiorne )
A Message to the house by the Clerk to require their attend^ at y'' Council board upon y'^ hearing of y® Petition of y'^ Commoners of Hampton praying for a Committe to lay out lands in Kingston Preferred last Session & then ordered to l)e heard at this time.
[p. 850.] The Speaker and house came up accordingly & the Commoners of Hampton & likewise y'' Commoners of Kingston being present and fully heard hj their Counsel, y® Partys departed after whicli y'^" Speaker and house withdrew to their own Chamber to Consider thereof.
A Message to the house Ijy Cap' Macpheadris with y'' Pe- tition of y*^ Commoners of Hampton, & all y^ Papers relat- ing thereto together w"^ a vote of Council thereon. Adjorn'd til tomorrow 10 a'clock a. m.
Pro. N. Hamp'"'^
At a Gen^ assem held at Portsni" by adjornmt Nov"^ 26"' 1724. Present In Coun' His tlonour John Wentwortli Esq'"'" L' Gov'' Sam' Penhallow^ Shad^ Walton ^
Mark Hunking VEsq" Rich'' Wibird VEsq''^
Geo : Jaffrey J Jn° Frost. j
A Message to the board l)y M"" Dennet and Cap* Gilhnan w"' a vote of the house relating to Town Grants <fcc.
A Message to the board by Cap' Gillman and I\r' Sanburn w"' the report of y° Committee of audit on the Treasurers
15-i PilOVINCR OF NEW-HAMPSHIRE. [1724.
Acct which was immediately returned by Geo Jaffrcy and
John Frost Escf*
Adjorn'd til tomorrow 10 a'clock A. M.
Pro : N. Hami/<^
At a Gen' assembly held at Portsm°
by adjornm' &'' 27"' 1724. Present In Council His Hon'' Jolni Wentworth Esq Lien' Gov'' Sam' Penh allow ) Ricli^' Wibird )
Geo Jaffrey [ Escf John Frost [ Esq'"«
Shad'-' Walton ) Joth'" Odiorne )
A Message to the board by iless''* Downing & Sanburn w*"" a bill Entituled an Act for chuseing & Settling Gospell Ministers pass'd in y*^ house to be Engross'd But In Conn' Voted to lye for Consideration till next Session.
A Message to the board by CoP Davis & Cap* Tibbits with a bill against trespassers pass'd to be Engrost w'^'' was concurred w*'' in Council etc.
[p. 351.] A Message to the house by M"" Jaffrey w*'' a Vote of Council relating to Grammar Schools etc which was re- turned to the board by Mess''* Easman & Sanburn Xon- concurred.
By The Same Message came y*" following Votes to the board.
In the House of Represen' Xov"" 27 1721.
Voted That all those small Scouts that have been out for
three or four days at a time be allow'd their provision, and
those that have not had it Init have found themselves, be
allow'd and })aid out of y^ Piiljlick Treasury one Shilling pr
day in mony.
James Jeffiy Cler assem
In Couu' Eod'" die Read and concurred
Rich" Waldron Cler Con
1724.] JOURNAL OF GENERAL ASSEMBLY. 155
III the house of Represeii* 9^^ 27''^ 1724 Voted That There be allowed to Sam^ Penhallow Esq'"'' the Sum of tweuty pouuds new england money for his good service done when in Great Brittain.
James Jeffry Cler assem In Coun' Eod'" die Read and concurred Rich'' Wahlron Cler Con.
In the House of Represen' 9'''' 27, 1724. Voted That Peter Colcard lately returned from Cap- tivity w''' the Indians obtained by his own Courage & in- genuity and giveing such ace* of y® Indians proceedings as may be advantageous to the Goverment & he being now gone on an Expedition ag''' the Indians That he be allowed and paid out of the Treasury a sum of ten pounds a pres- ent from this Goverment when he returns.
James Jeffrey Cler asscm^
In Council Eod™ die Read and Concurred. ■
Richard Waldron Cler Con
In the House of Rcpresen* 9'^'- 20"' 1724. Voted That Joseph Smith 1)6 allowed and paid out of the Treasury for Seventeen [p. 352.] days Service as a Centinel James Jeffry Cler Assem
In Conn' Nov-" 27"' 1724. Read and Concurred. Richard Waldron Cler Con
Adjorn'd til tomorrow 10 a Clock a : m:
Pro : N. Hamp'"''
At a Gen' assem held at Portsm" by
adjornment November 28"' 1724. Present In Conn' His Honour John Wentworth Esq''' Lieu* GoV Sam' Penhallow ) Shad^ Walton ^
]\Iark Ilunking [ Esq'-^ Rich" Wibird VEsq'-\ GeorJaffrey ) Joth'^' Odiornej
156 PROVINCE OP NEW-HAMPSHIRE. [1724.
A Message to the board Ijy Mess""^ Tibbitts & Sanburn w"' an answer to his Hon'' the Lieut Gov*'^ Speech as follows
3fai/ it Please Yo'r Honour
Your Honour assures us of yo'' reaclj^ness to promote tlie pros- perity of this Province at all times which we acknowledge and assure Your Honour that this house will Joyn with you to promote the peace and prosperity of y^ Same.
We are Sorry That our forces Eastward were so disappointed but Sliall cheerfully and readily defray the Charg-es of the Same: and shall take all imaginable care either by taxing or Emitting bills of Credit to furnisli the treasury w"^ a Sufficiency to defray the Charges of the year past and to carry on the warr, and other necessary charges of the Govei'ment for the year ensuing tho' It must be attended with great difficulty, Ife being so very Expen- sive, and Sliall see all the bills of Credit that is Call'd in burnt according to the Acts requireing the Same.
As to the Exchanging the Defaced & torn bills of this Province, "We desire some suitable Sumof mony may be put into the hands of a meet person to Exchange the Same that so the Honour of the Govermeut and the Credit of our mony may be Supported.
As to what your honour is pleased to mention Avith respect to his P]xcellency Gov"" Simtes allowance. We always did when His Excellency was in America make a far greater [p. 353.] allowance than the Other Goverment of the Massachusetts considering the difterent Circumstances of the Goverments both as to Extent and people and when he returns our Governour we shall not onely pay the res])ects to his person and Commission due, but shall con- sider him with our Circumstances and allow him for any Service while amongst us.
As to M'' Newman we have had no answers to our letters from liim since we made him a present for the getting the triennial Act past by which means we caunot Judge of any Service done.
Peter Wear Speak'
A Message to y® house by y'' Clerk to withdraw the vote of Council (ab' y*^ Petition of the Commissioners of Hamp- ton) sent down y® 25"' Instant.
A Message to the house pr M'" Jaffrey with the vote of the house sent up y*^ 26'*^ Instant about Town Grants to be reconsidered.
A Message to the house by y° Clerk with the Petition of Doctor Alden & his ace' both preferr'd the 18"' Instant to be first past upon there.
A Message to the board l)y Mess''^ Easman and Downing with a Vote of the house for Striking and Emittino; three
1724.] JOURNAL OF GENERAL ASSEMBLY. 157
thousand pounds bills of Credit which was scut back by Geo : JatTrey Esq'''' to be reconsidered.
Adjorned till the ninth day of December Next.
[p. 354.] Pro. N. Hamp'''^
At a Gen' assembly held at Portsm'^ by adjornment Dec'' 9'^' 1724. Present In Council His Honour John Wentworth Esq Lieu* Gov'' Sam' Penhallow ^ Rich'' Wibird ~^
Mark Hunking [-^ rs Arch'' Macpheadris 1-^, j.8 GeorJaffrey f^'^'^' John Frost f^^^
Shad^ Walton J Joth Odiorne J
Adjorned till tomorrow, 10 a'clock, a. m.
Pro. N. Hamp"^
At a Gen' assem held at Portsm" liy adjornment Dec'" 10"' 1724. Present In Council His Hon^ John Wentworth Esq"' L' Gov'" ?am' Pehnallow "^ Rich" Wil)ird ^
]\Iark Hunking !-ri, re Arch i^facpheadris 1^ ,.s GeorJaffrey f^^^ John Frost ^^^^
Shad^ Walton J Joth Odiorne J
A Message to the board by Mr Atkinson w'" the follow- ing vote,
In The house of Represen' Dec 10'" 1724. Voted, That There be two thousand pounds bills of Credit of this Province forthwith Impressed and Sign'd off by a Committe to be appointed by both houses for the use of the Province, as the General assembly from time to time shall order, and that the treasury lie sui)plyed from time to time with such part thereof as the Gen' assembly Shall order for the defraying the charges of the Province, And
158 PROVINCE OF NEW-HAMPSHIRE. [1724.
for a fund to defray the Same, that It be raised by a Tax on y® Polls & Estates real and personal of the Inhaljitants of this Province one tliousand pounds thereof in the year 1733 & one thousand in 1734, and when brought into the Treasury to be burnt to ashes in the Presence of the Gen assembly. The Bills to be paid in mony or Such Species as shall from time to time be agreed upon by the Gen' as- sem1)ly, and that an act be drawn up accordingly, and that the Committe be allow'd & paid amongst them for the Sign- ing thereof one & a half pr Cent.
James Jeffry Cler assem In Coun' Eod'" die Read and Concurred. Rich'' Waldron Cler Con
[p. 355.] A Message to the board by M€,ss''* Downing and Tibbits with the following votes,
In The house of Represen* Dec-^ 10"' 1724. Voted That James Davis Esq''® be paid out of the pub- lick Treasury the Sum of Eight pounds Six Shillings in full discharge of his Demands for his Service ab' y*" Province line ttc James Jeffry Cler assem
In Conn' Eud'" die Read and Concurred. Rich'' Waldron Cler Con
In The house of Represen' Dec-" 10"> 1724. Yoted That the Reverend M'' Rust* be presented with forty Shillings out of tlie Treasury for attending y* L* Gov'' Eastward as Chaplain <fec
James Jeffry Cler assem In Conn' Eod'" die. Read and Concurred
Rich" Waldron Cler Con
In The house of Represent Dec'' 10"' 1724 Yoted That James Jeffry be paid out of tb.e Publick
* Rev. ITcnry Utist or Kuss, of Stratliain, was seUled over the Congrogatioiial churcl! in thai place ITls, ilicd 1740, aj^eil 03. lie went eastwanl to attend the fu- iieral of Honieck, the Indian.
172i.] JOURNAL OF GENERAL ASSE.MDLY. 159
Treasury the sum of ten pounds for his Service as Clerk of the assembly for y® year 1724, from y° 20"' of Nov' 1723 to y« 29'" of Nov'- 1724, and that his lionour the Lieu' Gov'' be desired to Issue out his warrant to the Treasury accord- ingly & that sum to be in full for his years service.
Peter Wear Speak"" In Goun' Eod'" die Read and Concurred Rich'^ Waldron
In Tlie house of Rcpresen' Dec'^ 10'^ 1724 Voted That one hundred pounds of the two thousand pounds now to be impress'd be putt into the haiids of John Gillman Esq'''^ by the Signers thereof to purchase Pork and bread for the use of the Province to supjily the Scouts as shall be sent to him from y'" Government
James Jeffry Cler Assem [p. 350.] In Council Eodm die
Read and concurred.
Rich'' Waldron Cler Con
In the house of Represent Dec"" 10'" 1724. Toted That John Plaisted Esq'« Cap' W" Fellows & W Tlieodore Atkinson be a Committe of this house to Joyn w'" a Committe of the upper house to receive & examine tlic Province accounts in the recess of tlie assembly and make tliem ready to lay Ijefore the Gen' assembly for allow- ance next Sessions
James Jeffry Cler assem
In Council Eod die
Read and Concurred and Voted that Mark Ilunking
Rich'' Wiljird and John Frost Esq'" be of y'' Committee of
y" board for the Service aljove
Rich'' Waldron Cler Con
In the liouse of Rcprescn' Dec 10'" 1724. Voted That Walter Warren be paid out of y'' Publick Treasury forty two Shillings in full of his account on file.
James Jeffry Cler assem
160 PROYINCE OF NEW-HAMPSHIRE. [1724.
In Coun^ Eod"' die.
Read and Concurred.
Riclf' Waldron Cler Con
A ]\[essage to the board pr M"" Dennet w"' the following vote.
In The house of Represen* Dcc^' 10* 1724. Voted That Cap* William Fellows & W Theodore Atkin- son be of y*' Committe of this house to Joyn a Committe of the upper house to tell over the old broken defaced bills of the first Impression that may be brought in this assem- bly to Ijc burnt.
James Jeffry Cler assem
In Council Eod die
Read and Concurred & Voted that John Frost and Jo-
tham Odiorne Escf^ be of y° Committe from y*^ board for y^
Service above.
Rich'' Waldron Cler Con
Adjorn'd til tomorrow 10 a'clock A : M :
[p. 357.] Pro: N. Hamp^^
At a Gen' assem held at Portsmouth by adjornment Dec'' 11"' 1724. Present In Conn' His Hon'- John Wentworth Esq'° L' GoV^ Sam' Penhallow"^ Rich" Wibird ^
Mark Hunking !-p, ^^ Arch'' Macpheadris I -p „ George Jaffrey [ "^ ^ John Frost [ ^
Shad'' Walton J Jotham Odiorne J
A Message to the board by Mess'^ Atkinson and Fellows with the following vote.
In The house of Represent Dec'" 11"' 1724.
Voted That Every Souldier in the pay of this Province in Scouting or Marching that will Supply himself with full
1724.] JOURNAL OF GENERAL ASSEMBLY. 161
provisions Shall be allowed and paid out of the Publick Treasury twelve pence pr day for the Same.
James Jeffrey Cler Assem
In Coun Eod die
Read and Concurr'd
Eich'^ Waldron Cler Con
A Message to the board pr M' Atkinson w"' tlie following Votes.
In The house of Represen* Dec'' 11'^ 1724 Voted That there be twenty pounds pr annum added to the former Establishment of y® officers & Sould" at Fort W" & Mary each one to have four pounds pr annum of Said Sum paid him henceforward out of the Publick Treasury.
James Jeffrey Cler Assem
In Coun' Eod die. Read and Concurred.
Rich-^ Waldron Cler Con
In the house of Represen' Dec 11"' 172-1. Voted That John Plaisted Escf and M"- W" Fellows be of the Committe of this house to joyn with such as thee upper house Shall appoint for tlie drawing an act according to the vote past yesterday for the Impressing two thousand pounds for the use of y* Province as the Gen' assem' shall see fit. James Jeffry Cler assem
In Coun' Eod die. Read and Concurred and Geo : Jaffry & Arch*^ Macphea- dris Esq" appointed from y° board for y" Service above.
Rich'' Waldron Cler Con.
[p. 358.] A Message to the board ])y Cap' Jn° Gillman w* the following vote.
In The house of Represen' Dec-^ 11*'^ 1724. Voted That M-" Speaker Wear & Jn° Plaisted Esq-"* be of the Committe of this house to joyn with a Committe of the upper house for the signing the two thousand pounds now to be Impressed. James Jeflfry Cler assem
11
162 PROVINCE OF NEW-HAMPSHIRE, [1724.
Ill Council Eod die.
Read and Concurred and Mark Hunking & George Jaf- frey Esq" appointed to Joyn tlie Gentlemen above for y^ Sarvice abrjve. Ricli'^ Waldrou Cler : Con
A Message to the board by Maj' Gillman and Cap' Tib- bits w"' tlie following Votes.
In the House of Represen* Dec"" 11"' 1724.
Voted That there be Signed off of the two thousand pounds now to be impressed the Sum of Seven hundred pounds and put into the treasury for the payment of the Sundry debts now allowed and remaining due from the Province and other Contingent Charges that may happen, and that His Honour the Lieu* Gov'' be desired to Issue out warrants for y*^ payment of what is yet unpaid and for pay- ment of the Contingencies
James Jaffry Cler assem
In Conn' Eodem Die Read and Concurred.
Rich'^ Waldron Cler Con
In The house of Represen* Dec'' ll*** 1724. Voted That Jotham Odiorne Esq"^® be allowed & paid out of the Treasury the Sum of thirty four Shillings & o^ pence
James Jeifry Cler assem. In Coun Eod die Read and Concurred.
Rich'' Waldron Cler : Con
The Commitle appointed for Exchanging the defaced broken bills of the old Impression delivered to the Gen assembly of S'^ Broken bills two hundred and four pounds &■ five Shillings which was burnt to ashes in Presence of the Said Gen' assembly, of which S'' Sum the Persons who Delivered the Same are hereby discharged (That is to Say) [p. 359.] Rich^^ Wibird Esq'^'^ of the Sum of one hundred & three pounds thirteen Shillings & nine pence 103 13 9
1724.] JOURNAL OF GENERAL ASSEMBLY. 1G3
Geo Jaffrey Esq'"^ of thirty six p"'* Sixteen SliilP
& 3'' 36 1(3 3
Peter Wear Esq''^ of t^Yenty six p''* Eighteen ShilP
& 6" . 26 18 6
Joliii Gillman Esq'"'^ of thirty six p'^^ Sixteen ShilP
k 6'' 36 16 6
X204 5 0 John riaisted Esq""" one of the Committe for Exchang- ing y'' broken defaced bills, D.elivercd to the Gen^ assembly of said l)ills fifty one pounds Eight Shillings w''' was burnt to ashes and of w=^' S^' Sum of Xol 8 The S'' Flaisted is hereby discharged.
Adjorned till tomorrow 10 a'clock a: M :
Fro. N. Ilamp^
At a General assemljly held at Portsm" by adjornm't Dec'^ 12 1724. Present In Goun^ His Honour John Wentworth Esq''® L* Gov'' Sam' Penhallow \ Rich" Wibird )
Mark Hunking > E.sq''^ Arch'' Macpheadris > Esq''' Geo : Jaffrey ) Joth Odiorne )
Mark Hunking Esq one of the Committe for Exchang" y" old l)roken bills D''^ to the Gen' assem' of S'^ bills twenty nine pounds fifteen Shillings and Six pence w'^'^ was burnt to ashes & ho is hereby discharged of y'' S*^ sum of £29 15 6. A Message to the board by Mess'* Fellows and Tibbits with the following votes.
In The house of Represen* Dec'' 12"' 1724 In answer to His Honour The Lleu*^ Governour and Gen' assemldy of the Province of the Massachusetts, re(iuesting our Joyning w'" them New York Connecticut & Road Isl- and Governments in Sending Commissioners to Mons^ Yan- drevil Gov'' of Canada, Resolved That His Hon' tlie
1G4 PROVINCE OF NEW-HAMPSHIRE. [1724.
Lieu' Gov'' be desired to Comraissionate a Suitable person to represent this Government to Joyn w"' the Commission- ers of tlie Governments afore said to go to Mons* Yandre- vil Gov"^ of Canada and Demand of him all and Every of His Majestys Sul)jects that have been captivated by the In- dian Enemy and carryed into and detained in any part of his Government & likewise demand y* the Said [p. 360.] Governonr Vandrevil withdraw the Countenance and assist- ance which in violation of the Treaty of Utrecht and con- trary to the friendship & alliance between the two Crowns he has given to the Said Indians in the Prosecution of their unjust warr against His Majesty s Subjects of these Colo- nies, otherwise if our friend Indians who have hitherto been with difficulty restrained Should in pursuit of the En- emy Indians commit hostilitys upon the french familys who dwell promiscuously with them as have been by the french Indians Committed upon y® Inhabitants of this Province, the blame will be entirely oweing to his own Conduct and likewise Inform him that if the Indians Shall Still persist in the warr against us the Several English Governments will find themselves oblidged with their united force (by the help of God) to prosecute and pursue them to the ut- termost, and Tiiat His Hon'' the Lieu' Gov'' be desired to give his Instructions to The Comission'' according to the above resolve. James Jeftry Cler assem
In Council Eod die. Read and Concurred.
Rich"' Waldron Cler Con
In The house of Represen' Dec'' 12"' 1724. Voted That y® Charges of y^ Commissioner to be ap. pointed on the within Vote be Supplyed and paid out of the Publick Treasury.
James Jeffrey Cler assem
In Coun Eod die Read & Concurred
Rich'^ Waldron Cler Con
1724.] JOURNAL OF GENERAL ASSEMBLY. 165
111 the house of Represeii* Dec'' 12'*' 1724. Voted That His Honour The Lieu' Gov"" haveing the whole Goverment as Commander in Chief Still Continued upon him be presented w* the Sum of one hundred pounds for his Extraordinary Service done the Goverment in this time of warr & that It be paid him out of the Publick Treasury, and that he l)e also desired to Issue out his war- rants for the Payment of y" allowances made this assembly.
James Jeffrey Cler assem In Coun' Eod die Read and Concurred
Rich'' Waldron Cler : Con
[p. 361.] A Message to the board by Mess""^ Fellows & Atkinson with the following report and votes thereon.
The Committe of audit whose names are underwritten haveing Examin'd the Several Muster Rolls that lay before us Do report as followeth (viz)
IST" 1 a Muster Roll Sigii'd And^ Glidden allowVl ^108 16 4
2 a Muster Roll SiguVl Moses Xorris allow'd 97 7 7
3 a Muster Roll SiguVl Jon" Sauburn )
for wages .€72 10 10 - all'^
& vietualliug 41 9 3) 115 0 1
4 & 5 2 Muster Rolls sigu'd John Foot- )
man for 13 2 4 f- n\V^
and 32 12 8) 4y lo —
6, a Muster Roll signed Jos Roberts allowed 54 18 10
7, a Muster Roll Sign'd W" Jones allow'd 49 1 _
8 a Muster Roll Sign'd Al)rab Clark allow'd 11 7 (i
9 a Muster Roll Sign'd W"' Hill allow'd 17 2 8
10 a Muster Roll Sign'd .Ton" Prescott allow'd 50 3 4
11 a Muster Roll Si'un\l Ben)'' Wentworth allowed 99 13 2
12 a Porllege bill Sign\l Walter Stewart as Masf &
Steward in the Scooner Fortune w"" Cap* Went- worth Eastward allow'd 17 4 6 17 4 0
£mi} 10 —
All the above Muster Rolls being Examin'd We find them right Cast and well vouclfd amounting in all to Six hundred Sixty Six pounds ten Shillings: And as to the twelve Small rolls following we have examinVl them and find that they are transient Scouts, Ex- cept Meeds X'^ 10, which we allow when Sworn to,
John Gillman Mark Ilunking
And*' Wiggin Rich'' Wibird '
Theo"--^ Atkinson Jn" Frost
166 PROVINCE OF NEW-HAMPSHIRE. [1724.
Ill The house of Represent Dec^ 12*" 1724
Voted The above return be accepted & that the Severall
Sums Carry'd off be paid out of the Publick Treasury to
the Persons against which S'' Sums are carry'd off.
James Jefifry Cler Assem
In Coun' Eod die
Read and Concurred.
Rich'^ Waldron Cler Con
[p. 362.] Sundry Small Muster Rolls Examined and re-
ferr'd to y'^Gen' assembly Numbered as in the Margin as
followeth (viz)
K° 13 2 Muster Rolls one Sigii'd Jon* Sauburu but 5 meu 3 days & one John Sanburn 31 men 3 daj'S
14 Ditto Sigu'd Nath' Lad
15 Ditto Sigu'd James Leavit 20 men 3 days
16 Ditto SignVl John Meed
17 Ditto Sigu'd Jos: Weeks 50 men 4 days
18 Ditto Sigu'd Dan' Wear 40 men 6 days
19 Ditto Sigu'd Aud^^ Wiggiu 39 men 4 days
20 Ditto Sigu'd John Gillniau 31 men 3 days
21 Ditto Sigu'd Stepheu Greeuleaf 22 men 4 days
22 Ditto Sigu'd John Gillmau but 2 days
23 Ditto Sigu'd Thomas Davis 21 men 4 days
24 Ditto Sigu'd Beuj* Lamprey 17 meu 3 days
^57 5 10 In The House of Represen* Dec-- 12''' 1724. Resolved That the above Sum be allow'd and paid out of the Publick Treasury to the order of the Persons to whom it be due.
James Jeffry Cler: assem
And That the Seven men whose names are written oi? the right hand of Moses Norris's Muster roll be paid out of the Publick Treasury for eight days each (more than is Carry'd off in Said Roll) as Centinels
James Jeffry Cler assem In Council Eod die
Read and Concurred
Rich*^ Waldron Cler Con
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1724.] JOURNAL OF GENERAL ASSEMBLY. 1G7
In The House of Represen* Dec'' 12»i^ 1724. Voted — That M' Edward Toogood be paid out of the Piiblick Treasury the Sum of Seventeen Sliillings and Six- pence in full of all his demands on his ace* on file.
James Jeffry Cler assem In Conn' Eod die Read and Concurred.
Richard Waldron Cler Con
[p. 363.] A Message to the board by John Gillman
Esq'" and Cap* Samuel Tibbits with the vote
In The House of Represen*
Dec'- 12"' 1724.
Resolved, That Susanna Small be allow'd and paid out
of the Publick Treasury the Sum of twelve pounds for
house rent fire and Candles for the Gen' assem & Court
from October 1723 to October 1724.
James Jeffry Cler assem
In Council Eod die
Read and concurred
Rich" Waldron Clor Con
The Two following Bills being Ingross'd <fc Prepared for the Seal by order of the Gen* assem (viz)
1^' An act in addition to and for rendering more Effec- tual an act made in y'' 13*"^ year of the reign of King Wil- liam the third, entituled an act against trespassing in Town Commons and an act made in the Sixth year of the reign of Queen Ann Entituled an act for Preventing Trespasses.
2*^ an act for striking and Emitting the sum of two thous'' pounds publick bills of Credit.
The Same was Signed & Sealed and then His Ilon"^ was pleased to prorogue the Gen' assem and accordingly they were
Prorogued till Wednesday the 5'" of May Next
168 PROVINCE OF NEW-HAMPSHIRE. [172^
Further Prorogued by Proclamation till y« 17 of Said May
[p. 3i34.] Pro : N. Hami/"
At a Gen' asscm held at Portsm** by Prorog* May 17"^ 1725 Present In Council His Honour John Wentworth, Esrf*^ L' GoV^ Sam' Penhallow ) Shad-'' Walton )
Mark Hunking J Esq" Rich'' Wibird \ Esq'-^
Geo : Jaffrey ) John Frost )
Joth Odiorne Esq^'^ A Message to the house by the Clerk to require their attend^ at the board, the Speak'r and house came up ac- cordingly to whom His Hon'' the Lieu* Gov'' was pleas' d to make y** following speech,
Gentlemen
I have lately rec'd letters from Gov"^ Shute who advises me that the Court is so taken up w"^ aftairs of Greater moment, tliat he finds great difficulty in finishing his business & that he will return to New England so soon as he has the Kings Commands
M'' agent ISTewman's Memorial to M"" Secretary Walpole for Stores to Fort William and Mary I shall lay before you, as also his letter about the lines, which hope you will "take into consideration.
I have ordered a Small Scout of twenty men to range our fron- tiers, but as yet made but little discovery. I suppose we shall think it proper to make an addition of forty men to our Scouts. We have often ;found by wofull Experience y^ sending small numbers into y^ Country altho the Charge be more yet we act ^rth greater Safety and in the end find our account in it by dis- courageing our Enemies & also the preservation of the lives of our People.*
I would recommend to you the further Encouraging Volunteers hy adding two Shillings & Sixpence pr day to tlie hundred pound act for every day they are on Service.
There is in the Treasury one thousand & Seventy Six pounds Sixteen Shillings whicli by act of Gen' assembly is to be burnt to ashes this present Sessions and a Tax is to be laid on the Inhabit-
* There may be an allnsioii in tlic above to the blooilj' and disastrous fight between Cai)t. John Lovevvell with Ids tlurty-fonr men, and the Indians, at PigwacUet, on the 8th of May, 1125, the latter numbering, it is believed, not less than seventy. For detaileii accounts of this terrible fight, see Penha/lnw's Indian Wars, Farm. Hell:., pp. 'iOO^'^ri; Farm. Sf .Moore's Hint. Coll., }'n/. \. pp. 2(j-3G ; also a J'avi- vh'ef I'lHtioii of R-.'.n. Thoni'xs ,'ii/inmes' Mcnuir of the jight, with notes by Rev. X. Bou- toJi, (.'i'»C(>/-(/,'lbGl.
1725.] JOURNAL OF GENERAL ASSEMBLY. 1G9
ants for one thousand & Seventy Six pounds Sixteen Sliilliiifjs for this Present Year in order to be burnt. These Sums have been ah-eady postponed. Its the Honour of all Goverments to Execute their own acts Especially what relates to mony.
[p. 365.] I must reccommend to your Consideration the Great difficulty the Ministers of the Gospel labour under by the sink- ing Credit of our paper mony whereby those that ten or twelve years past contracted lor one hundred pounds pr year with their Parishes have by y'^ debaseing of our paper Credit their Salaries are reduced to fiity or Sixt}' pounds which very greatl}' atlecls their familys A: must be a Great discouragement to them in their Min- istry.
I'again reccommend to you that you'l think of some method that may put a stop to Counterfeiting paper bills of Credit. They have but a poor Credit at best & certainly they will yet be worse, in case the practice of Counterfeiting prevail.
I Eec'd an Express from L' GoV Dummer giveing an ace' that Cap' Lovel had met w"' a party of Indians at or near Pigwocket which broke Cap' LoveFs Company in pieces. I have sent fifty two men und'' Command of Cap' Jon* Chesley and to make the best of his way to Ossab}' and Pigwocket, and there make diligent Search for Cap' Lovel's Fort &c & to relieve any wounded men they may meet in their way thither or Else where.
M"" Atkinson our Commissioner to Canada is returned and has brought a letter from the Gov'' of Canada which was ordered to be translated, and then Shall lay it before you, also what was trans- acted b}' M"^ Atkinson.
I hope you will Consider the Expence of the war upon us and make timely provision accordingly l)y enal)ling the Treasurer to discharge y** Expensive war that now lies on us as also for the Ilon'^''^ Support of this His Majestys Goverment.
May 17: 1725 Jx"^ Wextworth.
A Copy of the foregoing Speech behig desired by the Speak'' the Same was presented him, & tlien He & the house withdrew to their own Chamljer.
Adjorn'd till tomorrow 10 o'clock A : M.
[p. 3G(3.] Pro : N. Hamp>-^
At a Gen^ assem held at Portsni" by adjornm' May 18"\ 1725. Present In Conn' His Honour John Wentworth Esq Lieu' Gov"^ SanV Penhallow \ Shad'' Walton ^
Mark Hunking S Esq""" Rich'' Wibird > Esq"'*
Geo : Jatfrey ) Arch'' Macpheadris )
170 PROVINCE OF NEW-HAMPSHIRE. [1725.
A Message to the liouse by the Clerk w"^ a Yote of Coun- cil for a Committe to Count over the bills of Credit now to be burned, w'^'^ was returned by Mess'^* Tibbits & Dennet & is as follows
In Conn May IS^^^ 1725 Voted — That Col° Walton and Cap' Macpheadris be a Committe to Joyn with others of the house to Count over the bills of Credit now to be burn'd and that It be done with all convenient speed.
Rich'' Waldron Cler Con Eod die In the house of Represen' Voted That Mess''^ Eph^ Dennet & Theod--^ Atkinson be of the Committe to Joyn with the Gentlemen above for Counting over the bills of Credit now to be burn'd
James Jeffry Cler assem Geo. Jaffrey Esq"'" laid the following receipts before the board, and pray'd the Same might be entered in the Coun- cil book which was ordered accordingly
(viz) Pro N. Hamp--^ Jan-"-^' 25 & feb^-^ 4* 1724, Received of George Jaffrey Esq" from the Committe for Signing bills of Credit for the Supply of the Treasury, the Sums of Seven hundred pounds bills of Credit.
700<£ pr Sam^ Penhallow
Pro: N. Hamp^".
Rec'' of Geo : Jaffrey Esq from y* Committe for Signing bills of Credit the Sum of one hundred pounds Pro : bills pr order of the Gen^ assem on ace* of Provisions.
John Gill man Adjorn'd till tomorrow 10 a' Clock A : m:
1725.] JOURNAL OP GENERAL ASSEMBLY. 171
[p. 3(37.] Pro N. Hamp'«
At a Gen' assem held at Port8m° by adjornin' May 19'^ 1725. Present In Coun' His Hon"" John Wentworth Esq L^ Gov' Sam' Penliallow ^ Rich'' Wibird ^
Mark Hunking 1 ^ Arch'' Macpheadris I p„' rs
GeorJaffrey f ^^^ John Frost (^^^
Shad'"^ Walton J Joth Odiorne J
The reverend M"" Hugh Adams presented a Manuscript to the board entituled a Theosophical Thesis etc w*'* a Preface (alias Dedication) directed to His Hon'' The L' Gov"^ & Gen' assembly Praying the Countenance of the Goverment for the printing of the Same, w'^'' was Sent down to the house by the Clerk.
Adjorn'd till tomorrow 10 a' Clock A : M.
Pro N. Hamp'^*'
At a Gen' assem' at Portsm° by adjornm'
May 20*'^ 1725, Present In Coun' His Hon"^ John Wentworth Esq L* Gov"^ Sam' Penhallow ^ ^.^^^, ^^.^.^^^ .
MarkHmiknig \^ John Frost Esq-
Geo: Janrey f r^ir^T^ \
ShadMValton j Joth Odiorne )
A Message to the board by Mess''^ Easman and Downing w"' Mr Adams Manuscript Sent down yesterday together w*'^ a Vote thereon which was concurr'd with and is as fol- lows.
In the house of Represen*
May 20"^ 1725, Whereas the Reverend M'' Hugh Adams hath address'd a Manuscript to His Hon'' the Lieu' Gov'' and General assembly, Entituled a Theosophical Thesis &c av"' an ap- pendix und' the title of remarkable Instances &c Praying
172 PROVINCE OF NEW-HAMPSHIRE. [1725.
the Countenance and Grant of the Goverra' for the Publi- cation thereof
Now Forasmuch as the Contents of S'd Manuscript are principally Controversal points of Divinity & Some Entliu- siastical accounts of God's Judgements &c & therefore more properly the object of Consideration for an Ecclesias- tical than a Civil Council,
[p. 3G8.] Voted That The Reverend the Gospell Min- isters of this Province be, and hereby are desired to take the S*^ whole Manuscript under their Consideration, & report to His Honour and the General assembly their opinion thereon to the End that the Publication thereof may be Countenanced or discouraged, and the S*^ Manu- script disposed of as may be most for y® Glory of God.
James Jeffrey Cler assem In Coun Eod die.
Read and Concurred
Rich'i Waldron Cler Con.
Cap' Sam' Weeks and others Presented a Petition to the board directed to the Gen' assembly, Praying for an Elargem' of the Parish of Greenland
Adjorn'd til tomorrow 10 a'clock: a : m.
Pro : N. Hamp^«
At a Gen' assem held at Portsm° by adjornm' May 21^' 1725, Present In Coun' His Hon'' John Wentworth Esq L* Gov"" Sam' Penhallow ) Shad'' Walton )
Mark Hunking S Esq" Rich'' Wibird [ Esq"
Geo : Jaffrey ) Joth Odiorne )
A Message to the board by Mess" Downing and Tibbits w"' the following Vote
In the House of Represen' May 21^' 1725 Whereas The Town of Lond« Deny hath lived under
1725.] JOURNAL OF GENERAL ASSEMBLY. 173
this Goverment for Several Years past, and liatli neither as yet })aid any rates for the Support of the Goverment nor Sent any ])erson to represent said Town in Gen' assembly, Voted That The Govern'' be desired to Send a Precept to Said Town of Lond-' Derry to Send a meet person to represent Said Town in Gen' assem at the next fall Ses- sions, and to bring a list of their rateable Estates that they may be assessed accordingly.
James Jeffrey Cler assem
In Conn' Eod die. Read and Concurred.
Rich'^ Waldron Cler Con
Adjorn'd till tomorrow 10 o'clock a. m.
[p. 369.] Pro: N. Harap''^
At a Gen' assem held at Portsm" by
adjornm' May 22"^ 1725.
Present In Coun'
His Hon'' John Wentworth Esq L'. Gov''
Sam' Penhallow ) -d- i a itt-i • i ■>
TVf I tT 1 • f 17 r« Riclr Wibird tt,
Mariv Hunkmg > Esq"^^ * i T»r i j • } Esq
p . T ff. \ Arch Macpheadris ) ^
A Message to the board by Mess" Fellows and Atkinson w^"" the answer of the house of Represen* to His Honours Speech (as follows)
Hay it Please Yor Hon^r
In Your Speech to this house you gave us advice of a letter from Goveruour Shute of his return to Xew Eugland as soon as he has the Kings Command. We are glad to hear of his health and when he returns to jS'ew England our Gov'' as such we Shall receive him, and as for M"" ^Newmans letter which Informs us of y^ difficulty he meets w"' in attaining stores for the Fort Will'" & Mary and Sett- ling the line between the two Provinces, We are sorry for our Misfortune in that alfair We thank your Hon'' for your care and Conduct in Sending a Scout of twenty men to guard our frontiers & think proper to add to their number. As for the Encourageni' of Voluntiers we shall take it into our consideration. As for y« Mony which is in y'= Treasury to he buru'd, and wliat is to come in for that end we shall take Effectual care to Execute all our Acts
174 PROVINCE OF NEW-HAMPSHIRE. [1725.
relatins: to that affair according to the Intent of them. As for the Great Difficulty the Ministers of the Gospell labour under by rea- son of the Sinking Credit of our paper bills we shall take all the care that we can to recover y'' Currency of our bills and raise their Value and hope that in the mean time all the Parishes within this Province will Manifest that respect to their faithful Ministers as to afford them a sufficient Support as being oblidged thereto by the laws already made for thnt end. As for the misfortune of Capt Lovel and his men We desire to be humble liefore God for so great a frown of His Providence and [p. 370.] thank You"" Honour for Sending a Company for y^ relief of any that may be yet alive.
We rejoice to see M'' Atkinson safe return'd from Canada, and as for the letter he has brought from the Governour, we shall know better how to answer when we know the Contents thereof, and Shall take care to raise money for the war and the Hon'^''^ Support of the Goverment.
James Jeflry Cler: assem
A Message to the board by Mess" Fellows and Atkinson w"* ye following rcport and Votes.
May 21^' 1725 We the Committe of both houses ap- pointed by Vote of Gen' assembly for Examining the Pro; accorapts Do allow the Several Sums hereunto annexed haveing Examin'd y® Same.
1. To Cap' Josh" Pierce for his vessel in y* Prov:
Service in full
2. To Cap' Frost's accompt for the Fort
3. To Cap' W" Fellows ace' for Expences
4. To John Wilsons ace' Ditto
5. To John Pencock for Cleaning arms 6
7. To Benj" Acreman for his Service in 1724
8. To M" Susanna Small for Supply of LoveFs Comp"^
9. To Ditto ace' for y^ Committe & Gov & Couu'
10. To Joth Odiorne Esq'"'' for charges & Printing bills
11. To Soloman Cottons ace' for Expences of y« Mili-
tia, 1725 1: 10: 7
To Cap' XatW Hill £4:4 to be paid him that Avas allowed x'"" 12"^ in Gen' assem' for Thomas Davis's Scout Hill haveing Supply'd out of the Country Store To Col" Hunking 5 days Examining y^ ace'' ! To Col" Plaistecl Ditto Rich'' Wibird Es(i^ v'^ Same ' To John Frost Es(f« Ditto & Cap' W™ Fellows
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Mark Hunking Eieh" AVibinl " Jn" Plaisted i W"' Fellows J
£100: 8: 4 !> Committe.
1725.] JOURNAL OF GENERAL ASSEMBLY. 175
May 21^' 1725, In the house of Rcpresen' A^oted That the ahove returns of the Committe for audit- ing y* Public accompts 1)0 allow'd and paid out of the Pub- lick Treasury according as y" Several Sums are Caury'd otf.
James Jeffrey Cler assem In Coun May 22<J 1725 Read and Concurred
Rich^ Waldron Cler Con
[p. 371.] A Message to the house by The Clerk from His Hon'" The L' Gov'' w"' y« Letter which he had reC^ pr M'' Atkinson from Gov*" Vandrevil of Canada.
A Message to the board by Mess'"^ Tibbits and Easman with the following vote.
May 22*^ 1725 In the house of Represen* Voted That all Publick bills of Credit of this Province Pass in all public payments without the advance of five pr Cent James Jeffrey Cler assem
In Coun Eod die Read and Concurred
Rich-i Waldron Cler Coii
A Message to the house by Cap' Macpheadris and the Clerk to adjoru y™ & accordingly they were Adjornd till Tuesday next the 24"' Instant.
Pro. N. Hamp''^
At a Gen' assem held at Portsm" by adjornm* May 25"^ 1725 Present in Coun His Ilon-^ John Wentworth Esq L* Gov"- Sam' Pcnhallow ) Shad^ Walton )
Uavk Hunking [ Esq--^ Rich'' Wil)ird > Es(i"
Geo : Jaffrey ) Arch'' Macpheadris )
Joth Odiorne Esq''" A Message to the board by Mess" Gillman and Sanburn
176 PROVINCE OF NEW-HAMPSHIRE. [1725.
with M'' Atkinson's ace* of Expences as Commiss'' to Canada as on file & votes thereon as follow
May 22'' 1725 In the House of Represen* Voted That M"^ Thed'" Atkinsons ace*' Ije allowed and that the Sum of one hundred <fe Eighteen pounds fourteen Shillings and Seven jjence the ballance thereof be paid out of the Publick Treasury.
James Jeffrey Cler assem
In Coun May 25"' 1725 Read and Concurr''d
Rich'' Waldron Cler Con
His Hon'' laid before y^ board M'' Atkinsons report of his negotiation at Canada w*^'' was read and taken back by his Hon""
Adjorned till tomorrow 10 a'clock a : M :
[p. 372.] Pro N. Hamp^«
At a Gen' assem held at Portsm° by adjornm* May 26'" 1725 Present In Coun' His Hon^ John Wentworth Esq'"'' Lieut Gov^ Sam' Penhallow ) Rich" [Wibird] )
Mark Hunking [ Esq""*^ Arch" Macpheadris [ Esq"""
Geo : Jaffrey ) Jn° Frost )
Joth Odiorne Esq''* Shad^ Walton Esq^'' A Message to the house by Col° Walton and Cap* Odiorne w"^ a Vote of Council for Settling a Salary on y* Treasurer. Adjorned till to morrow 10 a'clock a. m.
1725.] JOURNAL OP GENERAL ASSEMBLY. 177
Pro : N. Hamp'"'^
At a Gen' asseni held at Portsm' l)y adjornm* May 27"^ 1725. Present In Conn' His Hon^ John Wen.tworth Esq^'^ L* Gov'^ Sam' Penhallow ^ Rich'' Wibird ^
Mark Hvmking Ip „ Arch'' Macpheadris 1-^ ^ Geo:Jaffrey' f^^'i John Frost f"^^
Shad^ Walton J Joth Odiorne J
A Message to the Jward l.»y Capt Downing with the fol- lowing vote.
May 26^*^ 1725 In the house of represen* Voted Tiiat andrew Wiggin Esq"" M^" Theod''^ Atkinson and M"" John Sanburn be a Comniitte of this house to Joyn w"' a Comniitte of the upper house to view the Stores now lying in M"' Treas" liands according to the accompt that is now made up by the auditors and make returns to morrow ten of y*" Clock to the Gen' assem' what there is, and in what Condition tliey find it tliat the assembly may order the Sale of what is not fit for the Province Service.
James Jcffry Cler assem
In Conn' Eodm die
Read and Concurred and Col" Hanking Cap* Wibird &
Cap*^ Odiorne appointed to Joyn the Gentlemen above for
the Service above.
Rl,!bi Waldrnn Cler Con.
A message to the house by Geo Jaffrey Arch'' Macphea- dris & Jn" Frost Esq""" with a Vote of Council for building a State house at Portsm" which was immediately returnd by Cap' John Gillman & M"" John Sanburn non concurr'd.
[p. 373.] A Message to the board by Mess" Gillman & Sanburn w'" y*^ following Vote sent down yesterday. In Coun May 2G"^ 1725.
Whereas The ace'* of M"" Treasurer Penhallow from time to time laid before the Gen' assembly and Especially at y° last anil present Sessions have appeared very Irregular in- 12
178 PROYINCE OF NEW-HAMPSHIRE. [1726.
tricate and much ])eri}lexed, which has Cost the Geii^ assem^ and Committe of audit many days (& is a great Expence to the Province) in their attending the adjustment thereof And whereas Sundry disputes have arisen about allowing the five |)r Cent advance on the bills of this Province &g.
For the Prevention whereof for y*^ future Voted That the S'd M' Penhallow dureing his Continuance in the office of Treasu'' be allowed and paid out of the Treasury for his Service therein after the rate of one hundred pounds pr annum in full for his Said Service.
Rich-^ Waldron Cler Con. May 27''' 1725. In The House of Representatives Read and Concurred.
James Jeffry Cler Assem*.
A Message to the house by the Clerk w*^ the Petition of Sam' Weeks and others preferred the 20*'^ Instant, which was return'd by Cap* Gillman w"' a Vote thereon, the Peti- tion is on file & y® Votes as follow.
In the house of Represen* May 27*^^ 1725.
The Petition read and Order'd That the Selectmen of Portsmouth be Served w"' a Copy of the S"' Petition and they do notifie the Town of Portsm" to appear the Second day of the Sitting of the next Gen' assem' to show Cause if any they Can why the prayer of the Petition may not be granted.
James Jeffry Cler assem
In Coun Eo" die Read and Concurred.
Rich'^ Waldron Cler Con
Adjorn'd till tomorrow 10 a' Clock a: m:
1725.] JOURNAL OF GENERAL ASSEMBLY. 179
[P. 374.] Pro : N. Hamp^"^
At a Gen^ assera held at Portsiu" by adjorniii* May 2 S''^ 1725. Present In Council His Hon' John Wentworth Esq-"" Lieu* Gov'^ Sani^ Penhallow ) Shad-"^ Walton )
]\[ark Huuking J Esq""^ Rich^' Wibird \ Escf^
Geo Jatfrey ) Arch'' Macpheadris )
Joth Odiorne Escf*^ A Message to the board by Maj' Gillman <fe M"" Sanburn with the following votes.
May 27, 1725 In the House of represen* Voted That there be Signed off of the two Thousand pounds now ready impress'd the Sum of one thousand Pounds & Put into the Treasury for the payment of the Sundry Debts now allowed and remaining due from the Province, and other Contingencies that may happen, and that His Honour the Lieu* Governour be desired to Issue out warrants for the Payment of what Shall now be allowed and unpaid.
James Jeffry Cler assem.
In Couni May 28"^ 1725. Read and Concurred
Rich'' Waldron Cler Con.
In The House of Represen' May 28'" 1725 Voted That M'' Treasurer Penhallow do forthwith call in all the Interest yet due to the Province on the Seventeen hundred and thirty pounds loan and other dues, due to the Province, and accompt for it at the next Sitting of the assembly.
James Jeffry Cler assem
In Coun' Eodem Die.
Read and Concurred
Rich"^ Waldron Cler Con
In The house of Represen' May 28'" 1725 Voted That There be fifty three pounds Sixteen Shillings
ISO PROVINCE OF NEW-HAMPSHIRE. [1725.
Signed of the two thousand pounds last winter & paid to the Treas"" to Satisfy liim fur y" fifty three pounds Sixteen Shillings w'^'^ he allowed to the Constables in the last yeai's rate of X1076. 16. Now to be burnt to ashes.
James Jeffry Cler assem In Coun' Eodem Die Read and Concurred
Rich*' Waldron Cler Con.
[p. 375.] In The House of Represen* May 28"^ 1725
Voted That There be a Tax of five hundred pounds laid on the Inhabitants of this Province, and that It be brought into the Treasury by the Middle of february next, in any of the Province bills in New England, and That It shall be ap- plyed for discharging the Support of the Goverment, as the Gen' assembly shall order. And that an Act be drawn up accordingly. And that Col° James Davis and Maj'' John Gillman be of the Committee of this house to Joyii with a Committe of the upper house to draw u]) the act accord- ingly. James Jeffry Cler assem In Coun Eod die Read and Concurred & Geo Jaffrey Escf & Arch'' Mac- pheadris Esq''" appointed for y'' Service above.
Rich" Waldron Cler Con In The House of Represent May 28"' 1725 Voted That Each man named in Cap* Knights Muster roll on file (being forty in all) be paid out of the Publick Treasury the Sum of four Shillings Each man.
James Jeffry Cler assem. In Coun Eod die Read and Concurr'd.
Rich" Waldron Cler Con A jMessage to the board l)y Maj'' Gillman with the follow- ing vote.
In The tlouse of Represen* May 28''' 1725. Whereas It doth appear to this house that M'' Theodore
1725.] JOURNAL OP GENERAL ASSEMBLY. 181
Atkinson liatli faithfully discharged the Trust reposed in him in his negotiation lately to Canada The house returns him thanks hereby for the same, and Ordered That There be paid him out of y' public Treasury besides what is al- ready allowed & paid him for his charges the Sum of fifty- two pounds for his time in Said negotiation
James Jeffry Cler assem In Coun' Eod die Read and Concurr'd
Rich^i Waldron Cler Con
[p. 376.] Geo: Jaffrey Esq""® Laid A rec' before y'' board Subscribed by M"" Treas"" Penhallow for fifty three pounds Sixteen Shillings which the Committe for Signing y*" £•2000 paid to the S'^ M^ Penhallow Pursuant to a Vote of the Geji^ Assem' past this day.
Memorandum
This day M'' Treas"" Penhallow Delivered into the hands of the Gen' asseml)ly one thousand & Seventy Six pounds Sixteen Shill- ings which was burnt to ashes in their Presence viz £1070: 16: Mem" Geo: Jaffrey Esq''® of and iu behalf of the Committe of y® <£lo,000 Delivered into the hands of the Gen' assem' three hundred jDounds twelve Shillings and four pence which burnt to ashes in y^ presence 300: 12: -i
Mem" Tlie Committe for Exh'^ y'' old broken bills Delivered into the hands of y** Gen' Assem' y® Several Sums carry'd off ag^' y*^ Several names (viz) From Col" Plaisted thirty Seven p'ds thirteen Shill^ Col" Wear forty pounds fourteen Shilb & Sixpence Cap' AVil)ird Sixty Eight p''^ thirteen Shills & ;3'i Geo Jaffrey Esq^^ Eighty four p'^^ Eleven ShilP & 3'' Col" Hunking nine pounds nine Shillings in all am" to two hundred & forty one pound & one
shilling which was burnt to ashes in their presence ■£241: 1: -
In The House of Represen* May 28"^ 1725. Voted That Each of the above Persons l)e and hereby
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182 PROVINCE OF NEW-HAMPSHIRE. [1725.
are discharged of the above S''' Sums as Carry'd off ag^'
their names
James Jeffry Cler assem
In Coun Eod die
E-ead and Concurred
Rich"^ Waldron Cler Con
A Message to the board by Col° Davis & M"" Sanburn w''' the following vote.
In The house of Represen* May 28*^ 1725 Yoted That there shall henceforth be allowed to Each souldier in the Pay and service of the Province in any Standing scout for their use in the Summer insueing, forty bullets & Six flints and for every three months one pound of Powder and if any Souldier be Exchanged, he Shall re- turn his bullets and flints that is not Expended in the Ser- vice or pay for them.
[p. 377.] And if any Souldier be Exchanged in a little time to return his powder to the man that comes in his room or to his Commanding officer.
James Jeffry Cler assem In Coun Eod die Bead and Concurred.
Rich'J Waldron Cler Con
In The House of Represen* May 25"^ 1725.
For the Further Encouragement of Voluntiers to go out against the Ind'n Enemy.
Voted That all Such Souldiers as Shall Enlist them- selves into the Province service under proper officers to be Commissionated by the Governour and Command'' in Chief Shall have for encouragement besides the hundred pounds bounty money for Scalps already allowed the Sum of two Shillings & Sixpence pr day paid them (they finding them- selves all necessarys) for every day they are scouting and traveling in the woods, their Muster Roll to be allow'd by the oaths of any of the Commissionated officers in the
1725.] JOURNAL OF GENERAL ASSEMBLY. 183
same service and also that if any of these voluntiers shall happen to be wounded, in Said Service that the Care Shall be paid for out of the Publick Treasury, and Those that shall hap})en to bo maimed in S''' Service Shall be entituled to the benefits that are allowed by the law of this Province to impressed Souldiers that Shall be maim'd in the S''^ Service.
James Jeifry Cler assem In Coun May 28*'^ 1725 Read and Concurred.
Rich"^ Waldron Cler Con
In The House of Represen* ]\[ay 27"' 1725.
Whereas there is in M'' Treas"" Penhallows hands Sundry Stores returned out of the Sub-Commissary's hands & the Eastern Expedition to the value of one hundred & thirty six pounds nineteen Shillings & Eleven pence, & out Stand- ing in Several Constables hands the Sum of forty pounds five Shillings and tenpence, and in Gieenleafs and Glid- dens acct^ fifty eight Shillings and Sixpence in all one hun- dred & eighty pounds four Shillings and one penny :
[p. 378.] Now for the Preventing any difference in ac- compts for y'^ future The Treasurer proposes that if the Gen' Assem will make him allowance of twelve pounds out of the aboves'^ Sum, The remaining sum of one hundred Sixty eight pounds four shillings and one penny he will take the same to his account & be debted therew"\
Voted That the above proposal be accepted and that the Treasu"" be Charged w"' the Sum only of one hundred Sixty eight pounds four Shillings and one penny in full of the one hundred eighty pounds four shillings and one penny for the Stores &c as in the ace' of particulars Dated May 26«' 1725.
James Jeffry Cler assem In Coun May 28^'' 1725
Read and Concurred
Rich'' Waldron Cler Con
184 PROVINCE OF NEW-HAMPSHIRE, [1725,
A Message to the board by CoP Davis & M'' Sanburn w'^ a Tax bill for five hundred pounds Past in the house to be Engrost which being Several times read at the board the Council Concurr'd —
Adjorn'd till tomorrow 9 a' Clock A : M :
Pro : N. Hamp'^
At a Gen^ assem held at Portsm'* by
adjornm* May 29'^ 1725. Present In Coun^ His Honour John Wentworth Esq L* Gov'^ Sam' Penhallow ) Shad'' Walton \
Mark Hunking \ Esq''^ Rich'i Wibird S Esq'"
Geo : Jatfrey ) Arch'' Macpheadris )
Joth Odiorne Esq"^ A Message to the board by Mess" Downing and Atkin- son w*^ the following votes.
In The house of Kepresen' May 29"^ 1725 M"^ Clement Hughes came into this house and agreed to farm the Excise and to pay for the Same from the 31" of December 1723 to the 31^' of December 1725 The Sum of three hundred pounds.
Voted That the Excise of this Province is hereby farmed and lett unto the S'^ Clement Hughes for the S'^ Term for y^ S'^ Sum of three hundred pounds to be paid by him into the Treasury in full.
James Jeffry Cler assem
In Coun Eod die Read and Concurred
Rich'' Waldron Cler Con
1725.] JOURNAL OF GENERAL ASSEMBLY. 185
[p. 379.] May 20"^ 1725 In The liousc of Represeu* Allowances made as underwritten (Viz)
To Cap' Andrew "Wiggin for himself & Thorn' Veasie and Sam' Hilton four days Each not carry'd off in his Muster Roll which was allowed l>y the assem- bly last Sessions — : 12: —
To Benj* Lamprey omitted in his roll as supra — : 3: —
To M'' Rich"^ Waldron for his Service as Cler to the Coun in y® year 1724: to April 1725 £'73: — : —
To Cap' Kath' Hill for dieting Tim" Blake and seven men 3 weeks & 4 daj-s at 7s pr week £'10: — : —
To M'' Benj^ Gambling for Service as Sherriff in y^ year 1724 to April 1725 in full £13: — : —
To Cap' Hill for G91b pork he bought with his own
money at 7*^ pr £ 2: — : —
To M'^ John AVentworth as pr ace' for use of the boat & Fort William & Mary £ 5: 14: —
£104: [): —
In The house of Represeii* May 29'!' 1725 Voted That The above accompts be allowed and paid out of the Treasury to the Several persons as above mentioned the Several Sums as Carry'd off.
James Jeffrey Cler : assem In Coun Eod die Read and Concurred
Rich'' Waldron Cler Con
In The House of Represen' May 29"' 1725 Voted That The retnrn of the auditors on M' Treas^ Penhallow acc^^ be accepted and that the ace' be accepted and allowed.
James Jeffry Cler assem
In Coun Eod die Read and Concurred.
Rich'' W^aldron Cler Con
186 PROVINCE OF NEW-HAMPSHIRE. [1725.
Mem° The ballance due from the Treas"" To the Province is twelve p'^'' thirteen ShilP & 1<^ £12: 13: 1 [p. 380.] In The House of Represen*
May 29* 1725. Whereas His Honour The Lieu* Governour hath the whole Goverment as Commander In Chief Still continued upon him
Voted That he Be presented with and paid him out of the Treasury the Sum of one hundred & twenty pounds for his Extraordinary care and Service done the Goverment in this time of the warr.
James Jeffry Cler assem
In Conn Eod die Read and Concurred
Rich^^ Waldron Cler Con
A Message to the house by the Clerk To require their at- tendance att the board, the Speaker & house came up ac- cordingly, and then the Tax bill Past to be Engross'd yes- terday (Entituled An act to levy a Tax of five hundred pounds on the Poles and Estates within this Province)
Being Prepared was again read, & then Signed & Sealed in Presence of the Gen' assem. After which His Honour was pleased to prorogue them and accordingly in his Majes- tys name they were
Prorogued till the 23" day of Novemb"" next
Further Prorogued till y*" 13'" Dec'" next ( Geo Jaffrey 1 Present I Joth Odiorne > Esq^' ( Sam Penhallow i
1725.] JOURNAL OF GENERAL ASSEMBLY. 18'
Further Prorogued till y« 20"^ Ins*
( Geo Jafifrey )
Present < Ar : IMacpheadris > Esq" ( Joth Odiorne )
Further Prorogued till y® 27 Ins*
Sam^ Penhallow^
Present <(
Mark Hunking Geo Jatfrey VEsq''
Shad'-' Walton Joth Odiorne J
[p. 881.] Pro N. Hamp'^«
At a General assembly held at Portsm*' by Prorogation Dec'' 27 1725. Present In Coun His Honour John Wentworth Esq L* Gov'' Mark Hunking ) -ni vs Shad'"^ Walton ) -^ „
Geo Jatfrey ) ^ Joth Odiorne
A Message to the house by the Clerk to require their at- tendance at the Council board. The Speaker & house came up accordingly to whom His Hon'' made the following Speech.
Gentlemen
You have ou all occasions to my great Satisfaction shown your readyaess to dispatch the puhlick affiiirs of the G-overment so that I have not the least room to suspect it at this Sessions.
The treaty with the Indian Delegates at Boston lasted bej'oud our Expectation which has put off this Sessions longer than usual however the prospect we have of a lasting jieace will over ballance that and I hope prove advantageous to this Province.
The articles of Peace agreed upon I shall lay before you for your perusall which are to be further ratify'd and Confirmed at Falmouth in Casco bay some time in y* month of May next.
M.' Kewraan our agent at y^ Court of Great Brittain advises me since our May Sessions that he takes all opportunitys to Solicit S"^ Robert Walpole for the runing of the lines and for the Stores for Fort William & Mary in all which he Expects Success.
188 PROVINCE OF NEW-HAMPSHIRE. [1725.
I would i:)ut you in naiud of making M"" agent Xewman a Present for we have scarce allow'd liim enough to pay his Coach hire.
The five hundred pounds raised for tlie Supply of the Treasury will go but a little way in discharging the Muster Rolls & M"' Treasurers Victualling bill w"^** doubt not but you will take eft'ect- ual care of & for the more honourable Support of this His Majes- tys Goverm' J. Wentworth
[p. 382.] M'' Speaker desired a Copy of the foregoing Speech & then he and the house withdrew to their Own Chamber.
His Honour the Lieu* Gov'' laid before the Council a Copy of the articles of Pacification agreed on with the Indians at Boston which being read, the Same together with a Copy of His Hon" Speech was sent down to the House by Geo: Jaffrey & Joth Odiorne Esq".
Adjorned till to morrow at 10 a'Clock a : m :
[From Penhallow's Indian Wars.]
The suhmission and agreement of the delegates of the Eastern Indians.
Whereas the several tribes of Eastern Indians, viz. the Penob- scot, [N'orridgwock, St. John's, Cape Sables, and other tribes inhab- iting within his Majesty's territories of Xew England and Kova Scotia, who have been engaged in the present war, from whom we, Sauijiiaaram alias Sorun Arexns, Francois-Xavier, and Meyanumba, are delegated and fully empowered to enter into articles of pacifi- cation with his Majestys governments of the ^lassachusetts Bay, JSTew Hampshire and Xova Scotia; have, contrary to the several treaties they have solemnly entered into witli the said govern- ments, made an open rupture, and have continued some years in acts of hostility against the subjects of his Majesty King George, within the said governments: they, being now sensible of the mis- eries and troubles they have involved themselves in, and being de- sirous to be restored to liis Majesty's grace and fovor, and to live in peace with all his Majesty's subjects of the said three govern- ments and the j^rovince of New York and colonies of Ct)nnecticut and Rhode Island, and that all former acts of injury be forgotten: have concluded to make, and we do, by these presents in the name and behalf of the said tril)es, make our submission unto his most excellent Majesty George, l)y the grace of God of Great Britain, France and Ireland, King, defender of the faith, &e., in as full and ample manner as any of our predecessors have heretofore done.
And we do hereby promise and engage with the Hon. 'AVilliam Dummer, Esq. as he is Lieut. Governor and commander-in-chief of his majesty's province of the Massachusetts Bay, and Avith the Governors or commanders in chief of the said province for the time being: that is to say —
1725.]
JOURNAL OF GENERAL ASSEMBLY. 189
We, the said delegates, for and in l)ehalf of the several tribes aforesaid, do promise and engage — That at all times, forever, from and after the date of these presents, we and the}' will cease and torbear all acts of hostility, injnries and discord towards all the snb- jects of the crown of Great Jiritain, and not ofter the least hurt, violence or molestation to them or any of them in their persons or estates, bnt will henceforward hold and maintain a firm and con- stant amity and friendship with all the English, and will never confederate or comlnne with any other nation to their prejudice.
That all the captives taken in" this present war, shall, at or before the time of the further raliflcation of this treaty, be restored, with- out any ransom or payment to be made for them or any of them.
That his Majesty's subjects the English, shall and may peacea])ly and quietly, enter upon, improve and forever enjoy all and singular their rights of land and former settlements, properties and pos- sessions, within the eastern parts of the said province of the Mas- sachusetts Bay, together with all Islands, inlets, shores, beaches and fishery within the same, without any molestation or claims by us or any other Indians, and be in no ways molested, interrupted or disturbed therein.
Saving unto the Penobscot, Xorridgwock, and other tril)cs with- in his Majesty's province aforesaid, and their natural descendants respectively, all their lands, liberties and properties not l)y them conveyed or sold to or possessed by any of the English subjects as albresaid; as also the privilege of fishing, hunting and fowling, as forraerl3^
That all trade and commerce which may hereafter be allowed betwixt the English and the Indians, shall be under such manage- ment and regulation, as the government of the Massachusetts province shall direct.
If anv controversy or difference at any time hereafter happen to arise between any of the English and Indians, for any real or sup- posed wrong or injury done on either side, no private revenge shall be taken for the same, but proper application shall be made to his Majesty's governmenb upon the place for remed}' or redress there- of, in a due course of justice. We suljmitting ourselves to be ruled and governed by his Majesty's laws, and desiring to have the bene- fit of the same.
We also, the said delegates, in behalf of the tribes of Indians in- habiting within the French territories, (who have assisted in this war) for whom we are fully empowered to Act in this i)resent treaty, do hereby promise and engage, that they and every of them shall henceforth cease and foi'bear all acts of hostility, force and violence, towards all and every, the subjects of his Majesty, the King of Great Britain.
We do further in the behalf of the Penobscot Indians jiromise and engage, that if any of the other tribes intended to be included in this treaty, shall notwithstanding, refuse to confirm and ratify this present treaty entered into on their behalf, and continue or renew acts of hostility against the English, in such case, the said Penobscot tribe shall join their young men with the English in re- ducing them to reason. In the next place, we the afore-named delegates do promise and
190 PROVINCE OF NEW-HAMPSHIRE. [1725.
ingage with the Honora1)le John Wentworth, Esq. as he is Lieut. Governor and comniauder-in-chief of his Majesty's province of JSTeAV Hampshire, and with tlie governors and conimanders-in-cliief of the said province for tlie time heing, that we and the tribes we are deputed from, will henceforth cease and forbear all acts of hos- tility, injuries and discords, towards all the subjects of his Majesty King George, within the said Province; and we do understand and take it, that the said government of New Hampshire, is also in- cluded and comprehended in all and every of the articles afore- going, excepting that article respecting the regulating the trade with us.
And further, we the aforenamed delegates do promise and en- gage with the Hon. Lawrence Armstrong, Esq. Lieut. Governor and commander-in-chief of his Majesty's province of JSTova Scotia or Accadia, to live in peace with his Majesty's good subjects and their dependents in that government, according to the articles agreed on with Major Paul Mascarene, commissioned for that pur- pose; and further to be ratified as mentioned in the said articles.
That this present treaty shall be accepted, ratified and con- firmed, in a public and solemn manner, by the chiefs of the sev- eral eastern tribes of Indians included therein at Falmouth in Casco Bay, sometime in the month of May next. In testimony whereof, we have signed these presents, and atflxed our seals.
Dated at the Council Chamber in Boston in Xew England, this fifteenth day of December, Anno Domini, one thousand seven hun- dred and twenty-five. Anno Regni Regis Georgii Magnte Britt- anite, &c. Duodecimo.
SAUGUAAKA3I Ci ^T^ alias SOEON
Arexits
Francois d^/T ^ Xavier
Megaxumba
A true copy taken from the original, executed by the Indian del- egates before the General Assembly, December, 15, 1725.
Attest, J. Willard, Seer.
[1125,
1725.]
JOURNAL OP GENERAL ASSEMBLY.
191
Pro: N. Hamp''«
at a General assem held at Portsin" by adjournm* X'^-^ 28"^ 1725. Present In Coiin' His Hon'' John Wentworth Esq''*^ Lt GoV^ Sam^ Penhallow ^ Shad* Walton )
Mark Hunking [ Escf' Jn° Frost [ Esq''
Geo Jaffrey ) Joth Odiorne )
A Message to the board by Cap' Jn° Gillman with the following vote.
In The house of Represent Dec'' 28"' 1725 Voted That there be a Committe of both houses ap- pointed to Examine the Muster Rolls and accompts of the Province now brought in and That M'' Theodore Atkinson and Cap' W" Fellows be a Committe of this house to joyn with those of the upper house that shall be appointed for
the Said Service.
James JefFry Cler assem
In Coun Eod die Read and Concurr'd & Geo Jaffrey & Jn° Frost Esq'^* ap- pointed for the Service above.
Rich'' Waldron Cler Con
Joseph Lock and others Prefer'd a Petition to the board directed to the Gen' assem Praying for a Precinct at Sandy beach w*^'' was read and Sent down by Sam' Penhallow & Geo Jaffrey Esq"
Adjourn'd till tomorrow 10 a' Clock a: m:
192 PROVINCE OP NEW-HAMPSHIRE. [1725.
[p. 383.] Pro N. Hara)/'=
At a Gen' assem held at Portsmouth pr adjourm* Dec"^ 29, 1725. Present In Conn His Hon^ John Wentworth Esq''^ L' Gov^ Samuel Penhallow ) Shad** Walton \
Mark Hnnking \ Esq" Jn" Frost [ Esq™
Geo Jaffrey ) Jotli Odiorne )
A Message to the board by Mess" Downing and Sanburn with the following vote.
In The House of Represen* Dec'' 29''^ 1725 "Whereas the act of Excise of this Province being near expiring,
Voted That It be now revived for three years and that all retailers Pay Sixpence pr gall"' & Taverners eiglit pence pr gall" Excise & that none be free from paying Excise for any quantity under twenty five gallonds and that an act be drawn up accordingly, and that and"^ Wiggin Esq & M"^ Eph'* Dennet be a Committe of this house to Joyn w"* a Committe of the upper house to draw up S'*^ act.
James Jeffry Cler assem In Coun Eod die Read and Concurr'd and Sam' Penhallow and Mark Hanking Esq" appointed for y° Service above.
Rich^ Waldron Cler Con A Message to the board by M'' \V™ Dennet w"^ an ace* of Docf Joseph Pierce for Curing one of Cap* Lovell's men amounting to X14 which was voted by y*" house to be dis- mis'd & the Same was immediately Sent back to the house by Sam' Penhallow & Joth Odiorne Esq" to be reconsider'd. The Clerk of y" Council laid before the board the report of the Reverend Ministers upon M"' Adams book entituled a Theosophical Thesis &c w"^^ was read & a Vote of accept- ance pass'd thereon & then the S''' Report & Vote were Sent down to the house by the Clerk,
1725.]
JOURNAL OF GENERAL ASSEMBLY. 193
[p. 384.] A Message to the board by W Deiinet with y^ following Vote.
Ill the house of Represent Dec"" 29, 1725
Toted That Maj"^ John Gillman and M^ Eph'* Dennet be a Committe of this house to joyn w^'' a Committe of the up- per house to tell over the money that is now to be brought
in to be burnt.
James Jeffry Cler assem
In couu Eod die
Read and Concurred and Shad'' Walton & Joth Odiorne
Esq" appointed for the Service above.
Rich'i Waldron Cler Con
xVdjorn'd till tomorrow 10 a' Clock a: m:
Pro N. Hamp™
At a Gen^ assem held at Portsm" by adjournm* Dec'' 30^" 1725 Present In Couii His Hon'" John Weutworth Esq'^' L^ Gov"^ Sam' Penhallow ) Shad^ Walton )
Mark Hnnking [ Esq^^ Jn" Frost [ Esq"
Geo: Jaffrey ) Joth Odiorne )
Adjorn'd till tomorrow 10 a'Clock a : M:
Pro N. Hamp^^
At a Gen' assem held at Portsm" by adjournm* Dec*' 31^' 1725 Present In Coun His Hon'' John Weutworth Esq''^ U Gov* Sam' Penhallow ^ Shad^ Walton \
Mark Hnnking > Esq""* Jn" Frost > Esq""^
Geo Jaffrey ) Joth Odiorne )
A Message to the board by M'' Dennet with the following- votes
13
194 PROVINCE OF NEW-HAMPSHIRE. [1725.
In the house of Representatives Dec*^ 31*' 1725. Voted That there be impress'd forthw*'' two thousand pounds bills of Credit on this Province & Sign'd by a Com- mitte to be appointed by both houses, and by them paid in- to the Treasury from time to time by order of the General assembly for defraying the last years charges of the Gov- erm* occasioned by the war & to repay the same. That [p. 385.] it be raised by a Tax on the Inhabitants of this Province one half in the year 1735 and the other half in y'' year 1736 & when brought into the Treasury to be burnt to ashes in presence of the General assembly, The S'*^ Bills to be repaid in Such Species as Shall be agreed upon by y^ General assem^ from time to time and that an act be drawn up accordingly and That Jn" Plaisted Esq""^ & My Theo : At- kinson be a Committe of this house to Joyn w'*^ a Committe of the upper house to Sign otf the S''' bills and that the S'd Jn° Plaisted Esq and Theo Atkinson be a Comitte of this house to Joyn w'^ a Comitte of y® up}>er house to draw up a bill accordingly.
James Jeffry Cler assem In Coun Eod die Read and Concurr'd and Mark Hunking and Geo JafFrey Esq" appointed for y'^ Service above
Rich-i Waldron Cler Con. In the house of Represen* Dec' 31^' 1725. Voted That James Jeffry be paid out of the Publick Treasury The Sum of ten pounds for his service as Clerk of the assembly from y^ 19'" day of November 1724 to y*^ 19'" day of Noveml/ 1725 and that he be paid the Sum of five pounds for his service in Committes for auditing the public ace'* & other Services done at Sundry times for y* Publick. James Jeffry Cler assem
In Coun Eod die Read and Concurr'd Rich'' Waldron Cler Con
Adjourn'd till tomorrow 10 a'Clock a. m.
1725.] JOURNAL OF GENERAL ASSEMBLY. 195
Pro N. Hamp'"'
At a Gen' assem held at Portsm° by adjournm' Jan 1^* 1725 Present In Coun His Hon'' John Wentworth Esq'^'' L* Gov^ Sam' Penliallow ) Shad'-* Walton )
Jilark Ilunking [ Esq''^ Jn° Frost | Esq"
Geo : Jaffrey ) Joth Odiorne )
[p, 386.] A Message to the board by M'' Sanburn w"' the following vote.
In the House of Represen* Jan 1'' 1725.
The Persons that were chosen a Comitte to tell over the
old broken defaced bills of Credit that were brouglit in
from the Trustees for Exchanging the 5384^ Made their
return that there was bro't in and burnt in presence of y®
Gen' assem of that money the sum of one hundred ninety
Seven pounds fifteen Shillings (viz) from
Rich^ Wibird Esq''
Geo : Jaifrey Esq'^
Maj"" Gillman
CoP Plaisted
<£197: 15: - Voted That Each Person be and hereby is discharged of the Sum carry'd off ag®* his name
James Jeffry Cler assem In Coun Eod die Read and Concurr'd
Rich" Waldron Cler Con
A Message to the board by Cap' Downing w"' M' Adams manuscript Entituled a Theosophical Thesis & The Minis- ters report thereon w"' a Vote upon the S'" report, the S"' Manuscript & report are on file & the vote is as follows In Coun Dec 29"» 1725
Voted That the Report of the Reverend Ministers upon the Manuscript above mention'd be accepted & that the
|
.£80 |
12: |
3 |
|
£51 |
14: |
9 |
|
£ 6 |
: 3: |
- |
|
£53 |
• 5: |
- |
196 PROVINCE OF NEW-HAMPSHIRE. [1725-.
Reverend Gentlemen have the thanks of the Goverment for
the Same, and Ordered that the S"^ Manuscript be lodged
in y° Secretary s office & that the Clerk of y® Council be and
hereby is directed not to give a Copy of the S'*^ Manuscript
or any part thereof directly or Indirectly to any person on
any pretence whatsoever without y'' leave or Consent of the
Gen^ assem' for the Same.
Rich'' Waldron Cler Con
In the house of Represen* Jan 1^' 1725 Read and Concurred.
James Jeffry Cler assem.
Adjourn'd till Wednesday next 10, aClock a: m:
[p. 387.] Pro N. Hamp^«
At a General assem held at Portsm'' by adjorn' Jan 5 1725. Present In Coun His Hon'^ John Wentworth Esq L' Gov' Sam' Penhallow ) Shad--^ Walton | ^ ,,
Mark Hunking [ Escf^ Joth Odiorne j ^"^^
Geo : Jaffrey ) A Message to the board by Cap* Gillman w"' the follow- ing vote.
In the house of Represen* Jan 5'*' 1725. There was brought in and burnt in the General assem the sum of fifty three pounds eight Shillings & ninepence of the five thousand three hundred Sc Eighty four pounds from Maj"^ Jn° Gillman one of the Trustees for Exchanging that money and the S''' Jolm Gillman is hereby discharged of the S''' Sum of fifty three pounds eight ShilP & nine- pence
James Jeffry Cler assem
In Coun Eod die Read and Concurr'd
Rich^ Waldron Cler Con
1725.] JOURNAL OF GENERAL ASSEMBLY. 197
The Petition of Thomas Packer and others Praying for a Township at Winnipishoky pond read at the board and order'd to lye for Consideration till next Spring.
A Message to the board by Cap' Gillman w"' y'' represent^ answ'" (To y*" L' Gov"^^ Speech) as follows.
May it Please your Ilonr
As yC Hon"" has been pleased to Express your Satisfaction of Our former Conduct we hope for tlie future Our actions and de- meanour Shall be Such as Avill be acceptable to the Province, pleas- ing to j'our Honour & recommend us to His Majestys favour.
We beartyly Congratulate Yo'' Hon" Safe return from the Treaty of Peace, and tbo yo"" absence might seem long upon some accounts yet the Good eftect tliere of the prospect of a lasting Peace has fiird Our hearts with joy and satisfaction having view'd y^ articles of Peace your Hon"" laid before us w"' Pleasure.
We Shall do our Utmost endeavor to find out wayes and means for y« Supply of y° Treasury & for y« Hon'^'<' Support of y*' Goverm'
Jan 6, 1725
John Plaisted Speak'" Pro Temp
Adjorn'd till tomorrow 10 a'Clock a: M.
[p. 388.] Pro N. Han^^
At a Gen^ assem at Portsm" Jan 6*^ 1725 by adjonrm' Present In Coun His Hon"" John Wentworth Esq'"'' L' Gov^ Sam' Penhallow ) Shad'-^ Walton )
Mark Hnnking S Escf' Jn° Frost [ Esq"
Geo : Jatfrey ) Joth Odiorne )
Geo Jaffrey Esq'^ laid the following receipts before the board w°'' were ordered to be entered (viz)
Pursuant to a Vote of the General Assembly of y'' 28"^ of May 1725 for Signing and pnting into the Treasury one thous'' pounds Province bills — Received of George Jaffrey Esq'" from the Committe for Signing Said bills the Sum of one thousand pounds — 1725.
£1000 Sam' Penhallow
198 PROVINCE OF NEW-HAMPSHIRE. [1726.
Received of the Committe for Signing bills of Credit fifty thre'> pounds Sixteen Shillings pr order of the General assem^ May 28"' 1725
£53 : 16 pr Sam' Penhallow
Adjourn' d till tomorrow 10 a Clock a: m.
Pro N. Hamp^^
At a Gen' assem at Portsm" pr
adjournm* Jan''^' V" 1725-6 Present In Coun His Hon' John Wentworth Esq' L' Gov' Sam' Penhallow ) Shad^' Walton )
Mark Hunking S Esq'^ Jn*' Frost > Esq'"
Geo : Jaffrey ) Joth Odiorne )
A Message to the board by Cap' Wentworth and M' San- burn w"" y® Petition of Docf Alden as on file and the Sev- eral Votes following
In The house of Represen* Jan^^ 6*'' 1725-6 Voted That Thomas Alden be allowed & paid out of the Publick Treasury in full of his ace' the Sum of Seven pounds three Shillings & Sixpence.
James Jeffry Cler assem
In Coun Jan'^' 7"^ 1725-6
Read and Concurr'd
Rich'' Waldron Cler Con
[p. 889.] In The house of Represen' Jan 7, 1725
Voted That Thomas Harvey be allowed and paid out ot
the Publick Treasury ye Sum of Six pounds in full of his
ace' James Jeffry Cler assem
In Coun Eodem die
Read and Concurr'd
Rich'i Waldron Cler Con
In the house of Represcn' Jan 7, 1725 Voted That Matthew Clark of Lond° Derry be paid out
172G.] JOURNAL OF GENERAL ASSEMBLY. 199
of the tlioupand Seventy Six pounds Sixteen Shillings tax next to be burnt the Sum of four pounds four Shillings and Sixpence for so much of this Province money burnt in his house. James Jeffry Cler assem
In Coun Eod die Read and Concurr'd
Rich'^ Waldron Cler Con
We whose names are Subscribed being appointed a Com- mitte by the Gen^ assem to audit y® accompts of the Prov- ince of N. Hamp^® that lay before them at their sessions in Dec"" and Jan"^-' 1725-6
Do report as follows
2sr° 1, A Muster Roll for Service done under the command of Cap' Jn*^ Giliman being sworn to and right Cast allow'd to be p'd out of the Treasury. £'o55: 11: 2: 1
2 Ditto for Ditto under the Command of L' Tris-
tum Herd allow'd £75: 13: 5: 1
3 Ditto for Ditto under y'= Command of Cap'
Che.sley allowed £48: 14: 8: -
4 Ditto for Ditto under y^ Coniand of Serg'
Abraham Clark allowed £31: 1: 4: -
5 Ditto for Ditto Sign'd pr Sarg' Sam' Hilton
allowed £14: 10: 7: -
[p. 390.] 6. Ditto for Ditto und'' y« Command of Cap' Geo Walker refer'd to the Gen' assem they being troopers and no establishm' by y** law
7 An ace' Signed by Jn° Giliman ft)r ammuni- tion expended in the Service am'^ to £19: 1: 6 allowed £18: 3:
8 An ace'' Sign'd James Stevens for pasturing horses allow'd 1 : 1 :
9 An ace' Sign'd Benj"^ Thing for haj- & Gates am" to 22 9s allowed " £l: 1:
10 An ace' Sign'd Xath' Lad for Transporting provisions am" to o7s allowed £l: — :
11 an ace' Signed liy M"" Treas'' Penhallow for Sundry expresses and wolves heads & mony p''^ Col" "Walton to prepare for his voyage east- ward allowed " £20: 19: 6: -
12 an ace' Sign'd by M'' Treasurer Penhallow for provision & ammunition for y« Several Scouts
am" to £274: 17: 7 allowed £273: 11: 7: -
13 an ace' Sign'd Paul Gerrish for Sundry Provi- sions & Service in delivering the same allowed
in full discharge thereof £5: 14: -: -
200 PROVINCE OF NEW-HAMPSHIRE. [1726.
14 an ace* for Sumlrv Expences in Going to Bost° with lais Hon"' the Lieu' Gov'' on a Treaty of Peace w"* tlie Indians refer'd to y" General Assembly Cap' Frost & Theo: Atkinson being on tliis Comitte and lilcewise at Boston at y" Treaty.
15 an ace' for Victualling the Scouts in the Ser- vice Sign'd by Maj'' John Gillman amounting to £-283: 17: il & "he having rec'd 2U(L€' and Deducting 2d pr diem on 1527 days for one
man allow'd to be p"d in full of Said Accomit £71: 3: 5: -
Since which The Said Gillman hath declared
that he lost 15 Score weight of Pork l)y reason
of y*" hot weather W^'' he kill'd for y*^ Service of
y*^^ Province and w*^'^ we recommend & refer to
yo"" consideration.
16 an ace' Signed by Cap' Jn° Gillman for Sundry provisions &c for his Scout am" to ^10: 10: 2,
deducting £G. paid by y<^ Treasu'' allow'd in full £10: 18: r-: -
There being left in his hands 1: — : 19 w' of bread on ace' of y** Province
W™ Fellows Geo Jaifrey
Theo: Atkinson Jn" Frost
[p. 391.] In The house of Represen' Jan 6"^ 1T25-6
Voted Tliat the above return of y*^ Committe be allowed and paid out of the Publick Treasury according to the Several Sums carry'd off and that there be allowed & paid out of the Publick Treasury for His Hon*^ and the Gentle- mens expences at Boston besides the thirty pounds already paid the Sum of Seventy Seven pounds and Eight pence in full of y* ace' brought in. and that Maj"" Jn° Gillman be al- lowed the Sum of five pounds Six and eight pence for the loss of sixteen Score weight of Pork as in y® 15*^ Ace* And that Cap* Jn'^ Gillman be allowed and paid the Sum of ten pounds eighteen Shillings in full of his ace* N'^ 16 without accounting for y*^ 1"'' : — : 19"^ of bread left in his hands.
James Jeffry Cler assem. In Coun Jan. 7, 1725-6
Read and Concurred
Rich'i Waldron Cler Con
In The House of Represent Jan 7*^ 1725-6. Voted That Col" Walton be allowed & paid out of the
1726.] JOURNAL OF GENERAL ASSEMBLY. 201
Publick Treasury nine pounds ten Shillings in full of the
Avithin ace* for his Journey & Charges to y^ Eastw*^ and that
Xath^ Lang be allowed Centinels wages for 31 days with
CoP Walton.
James Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Rich'^ Waldron Cler Con
In The House of Represen' Jan 7, 1725-6 Voted That Mrs Susanna Small be allowed & paid out of the Publick Treasury y'' Sum of Eighteen pounds (besides ye 12£ already allowed her) for house rent fire & Candles from y'^ first of October 1723, to y" first of October 1725 for y* Gov' Coun assem and Courts.
James Jeffry Cler assem. In Coun Eod die Read and Concurr'd
Rich" Waldron Cler Con
[p. 392.] In The House of Represen' Jan 7, 1725. Voted That The Sum of five hundred })Ounds be im- press'd (w^'' the Two thousand pounds voted this Sessions to be emitted) for y° Exchanging any broken bills of Credit of this Province (of any impression Since y'' year 1715) and that three hundred pounds of it be immediately priut- ed, Sign'd off & put into the treasury for that end.
James Jeffry Cler assem. In Coun Eod die Read and Concurr'd.
Rich^' Waldron Cler Con
In The house of Represen* Jan 7, 1725 Voted That there be sign'd off of y'= two thousand pounds now to be impress'd the Sum of nine hundred pounds and put into the Treasury for y* paym^ of the Sun- dry Debts now allow'd and due from the Province and other Contingencys and that His Honour the L' Gov"" be desired
202 PROYINCE OF NEW-HAMPSHIRE. [1726.
to Issue out warr*^ for y* paym* of what shall be now allow'd & unpaid.
James Jeffry Cler assem.
In Coun Eod die Read and Concurr'd
Rich" Waldron Cler Con
In The House of Represen* Jan 7, 1725 Voted That Cap* Sanburn be allowed and paid out of the Treasury thirty three Shillings in full for Grass hay &c for
Cap* Walker's Troop.
James Jeffry Cler assem In Coun Eod die Read and Concurred.
Rich'i Waldron Cler Con.
In The House of Represen' Jan 7, 1725 There was brought to the Gen' Assembly and burnt the sum of nineteen pounds, fourteen Shillings [p. 393.] and Six pence (of y® <£5381) by CoP Hunking one of the Trus- tees for Exch^ that mony, and the S"' CoP Hunking is hereby discharged of the S'*^ Sum
James Jeffry Cler assem. In Coun Eod die Read and Concurr'd.
Rich'^ Waldron Cler Con
Adjourn'd till tomorrow 10 a'Clock a : m :
Pro N. Hamp"
At a Gen' assem. held at Portsm" by adjornm' Jan'-^' 8"^ 1725-6. Present In Coun His Hon'" John Wentworth Esq-"" L' Gov"" Sam' Penhallow ^ Shad^ Walton | ^^ „
Mark Hunking > Esq" Joth Odiorne \ *^
Geo. Jaffrey ) A Message to the board by Mess" Dennet and Atkinson w"^ the following votes.
1726.] JOURNAL OF GENERAL ASSEMBLY. 203
111 The House of Represen* Jan 8*'^ 1725-6 Voted That Benja Acremaii be allowed <fe paid out of the publick Treasury the Sum of three pounds more than form- erly allowed him for this Present year not to be paid till y^ year is up, and that for y*^ future he be allowed and paid out of y"" Publick Treasury (after y" Present year) the Sum of ten pounds pr annum for his attenda on the Gov'' Coun^
and assembly.
James Jeffry Cler asseni
In Coun Eod die
Read and Concurr'd.
Rich'' Waldron Cler Con
In The House of Represen* Jan 8, 1725-6 Voted That M' Eleazer Russel Print all Acts that are made already and not printed & that are not Expired, that are made Since y^ year 1721, & That he be allowed and paid out of the Publick Treasury y^ Sum of 35s pr Sheet and so in proportion for a longer or Shorter print, and that he Supply each Town in the Province w**" one and every member of y'' Council and assem. w"^ one gratis.
[p. 394.] And that the Clerk of the Council be directed to give him Copy's of the S''^ Acts (and made this Ses- sions) for that end.
James JefFry Cler assem.
In Coun, Eod die Read and Concurr'd.
Rich'' Waldron Cler Con
In The House of Represen* Jan 8, 1725 Voted That there be paid out of the Publick Treasury for the head of every grown wolf thirty shillings besides what is already allow'd w'^'^ will make the Sum of four pounds for every wolfs head kill'd as above.
James Jeifry Cler assem.
In Coun Eod die
Read and Concurr'd
Rich'' Waldron Cler Con
204 PROVINCE OF NEW-HAMPSHIRE. [1726.
In The House of Represen* Jan 8, 1725
Yotod That the Excise of this Province be fann'd to the highest bidder (that is a Suitable qualified person) for three years from the date hereof, and that the Person or Persons that farms it give Security for the Payment yearly. And That a Comitte of both houses be appointed to meet at y^ Court hoiise in Portsm° on y*^ 19'^ of this Instant Jan''^ at ten of the Clock in tlie forenoon, to let out the same ; and that Publick notifications be sot up in every Town in the Province to notify it accordingly, and that M"" Eph* Dennet & Cap' Benj^ Wentworth be a Committe of this house for that end. James Jeffry Cler assem.
In Coun Eod die
Eead and Concurred and Geo: Jaffrey & Shad^ "Walton Esq^'' appointed for the Service above.
Rich^^ Waldron Cler Con.
[p. 395.] Memorand. Several Votes being Pass'd for hearing and suspending y® hearing of Sandy beach & Greenland Petitions as on file. It was at last resolved That The hearing on the S'' Petition Should be Suspended till y* Second day of y® next Spring Sessions, and that all Partys Concern'd Should be notifyed thereof & Served w*'^ a Copy of the S'' Petitions respectively.
A Message to the board by Mess'^ Tibbits, Gillman, and Atkinson w"' the following vote.
In The house of Represen' Jan''^' 8"^ 1725-6.
Whereas His Hon'' the Lieu' Gov'' hath had y^ whole Goverm' as Commander in Chief Still Continued upon him
Voted That His Hon'' be presented with and paid out of the Publick Treasury the sum of one hund'' and twenty pounds for his Extraordinary care & Service done in the Goverm' in this time of the warr.
James Jeffry Cler assem. In Coun Eod die
Read and Concurr'd.
Rich^ Waldrou Cler Con
172G.] JOURNAL OP GENERAL ASSEMBLY. 205
A Message to the house pr the Clerk to require their attend'' at the board, The Speak'^ & house came up accord- ingly and the following Bills being read Sign'd & Seald in Presence of y° Gen^ assem viz.
An act granting to His Majesty an Excise on Several liquors cfc
An Act for Striking and Emitting a further Sum of two thousand pounds Pnblick Bills of Credit & 500<£.
His Hon'' was pleased to prorogue the Gen^ assem and
accordingly y^' were,
Prorogued
To Monday y'' 11"' April 1726
[p. 396.] Pro N. Hamp''^
At a Gen' assem held at Portsm" by Prorogation April 11"^ 1726. Present In Coun His Hon'- Jn° Wentworth Esq'' L' Gov^ Mark Hunking ) Rich" Wibird )
Geo : Jafifrey [ Esq''« Tho' Westbrook [ Esq'''
Shad-'' Walton ) Joth Odiorne )
A Message to the house by the Clerk to require their at- tendance at the board the Speak'' and house Came up ac- cordingly to whom His Hon'' was pleased to make the fol- lowing Speech
Oentle.
Being seusU^le that at this Time of y<' year yo"" concerns at home do in a more particular manner require j'ou there, and for tliat reason I liave determin''d to make this session as Short as our pub- lick aflfairs will admit of.
One design I had in calling you .together was that ^ve might ap- point Suitable Persons from both houses to Joyn the ]SIass'' in rat- ifying and confirming the Peace at Casco bay in May next the Time that was flx^d on at our treaty with the Indians at Boston.
L' Gov'' Dummer Signifys to me That he reC^ a letter from Loron a Principal Sagamore at Penol^scot which is supposed to be wrote by the Jesuit dated y<^ 27 of March l)y which he finds the french are endeavouring to overthrow the Treaty we had at Boston, but this is no more than I Expected from the french, and I am persuaded that all their Measures will prove ineflectual.
206 PROVINCE OP NEW-HAMPSHIRE. [1726.
I would Urge it as a Matter of the last importance to this Prov- ince that we give directions to Our Agent to make the Closest ap- plication at y'' Court of Great Brittain to obtain a Settlem' of the lines between the Two Provinces & It will be very much for Our honour and Interest to make a larger allowance for Our agent if we expect Success, for in Soliciting on all occasions it must be ex- pensive, and what has been hitherto allowed you can't reasonably think Sutiicient to Carry on our busyness.
[p. 397.] The Mass'' are dayly incroaching on us a late Instance we have in Voting a Township should be Erected and Settled at Pennycook which will certainly be in the very bowels of this Prov- ince & will take in the most valuable of Our lands.
I would therefore recommend this Matter to yo'' mature Consid- eration and am persuaded that you will Consult Such measures that may be not onely Serviceable but for the Honour of His Maj- estys Province W'' I assure y° I shall cheerfully imbrace.
I have lately represented tliis affair to the Lords Commissioners for Trade and Plantations & have transmitted the best & Exactest draught of this Province Merrimack river and the Scituation of Pennecook to their Lordships praying their favour in obtaining a Settlem* of the lines giving Instances wherein it highly Concerns y^ Interest of y"^ Crown.
It is with a Great Deal of Pleasure that I now tell you of His Majesty's Safe return to His Kingdome the Success of his ^STegoti- ations abroad y*^ Arm & Strong alliances he has made for y^ Secu- rity of y" Nation demands our thankful acknowledgm'% and on this Occasion It is Our Duty to address His Majesty, I would recom- mend it to you that a Committee of both houses be Chosen and appointed for that end. That an address be drawn up and humbly presented to the King by Our agent.
You will take Care that what bills of Credit are to be burnt to ashes at this Sessions by act of Gen' assem. must be Comply'd with and that Proper care be taken for y^ Calling in one thousand and Seventy Six pounds 16s bills of Credit for this Present year 1726, and if you can think of any thing that may be for the Interest of y= Crown and the Service of the Province I once more assure you that I am ready to do everything in my power.
J. Wentworth.
The Speak' desired a Copy of y® foregoing Speech & then he and the House withdrew to their own room.
[p. 398.] Nath^ Wear Esq appear'd at the board and Presented a Petition praying to have the Falls-Parish at Hampton made independant of the old Parish, w*^"^ being read was pass'd npon by the (youncil and sent down for Concurrence by y*^ Clerk.
A Message to the board by Mess" Downing & Dennet w"' the Petitions of Nath^ Wear Esq""* as on file & a Vote there- on as follows.
1726.] JOURNAL OF GENERAL ASSEMBLY. 207
111 Conn Aprill 11, 1726. Voted Upon reading the Petition of Natli' Wear Esq That the Selectmen of the first Parish of Hampton he Served forw"^ w"^ a Copy of S'' Petition hy the Petitioners & be notifyed that the hearing upon S''' Petition is appointed to be on thursday next at 10 a'Clock a : m : that they may Convene the S"' Parish to Chnse an agent or agents to ap- pear before the Gen^ assembly at the S'*^ Time to Shew Cause if any they have why the prayer of the S'** Petition Should not be granted.
Rich'' Waldron Cler Con
In The House of Represent Eod die The S'^ Petition was read and the vote thereon concurr'd with with this amendm* That Whereas in the S''^ Vote for the first Parish to be notifyed to appear next thursday Voted That the Selectmen of the first Parish in Hampton be Served with a Copy of the Petition & to appear and Shew Cause (if any they have) why the Prayer of y** Peti- tion may not be granted the next Sitting of the General Assem. the Second day of their Sitting.
James Jeffry Cler assem In Coun Eod die Read and Concurr'd w"* the amendmen*
Rich<i Waldron Cler Con A Message to the board by Cap* Downing & Cap* Gill- man w*^ the following votes
In The House of Represen* April 11, 1726 Voted That M'^ Theo : atkinson & W Eph^ Dennet be a Committe of this house to joyn w*'' a Committe of y** upper house to tell over the Mony that is to be burnt at this Ses- sions of y*^ Gen^ Assem.
James Jeffry Cler assem
[p. 399.] In Coun Eod die
Read and Concurr'd and Rich^ Wibird & Jotham Odiorne Estj""'' appointed to Joyn in the Service above.
Rich"^ Waldron Cler Con
208 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The House of Represent April 11"' 172(3 Voted That M^ Theo : Atkinson & Cap' W" Fellows be a Committe of this house to jojn with a Committe of the upper house to draw up a Congratulatory address to His ]\Iost Gracious Majesty on his happy return to His King- dome of Great Brittain.
James Jeffry Cler assem
In Coun Eod die Read and Goncurr'd and Geo : Jaffrey & Tho^ Westbrook Esq'" appointed for the Service above.
Rich'i Waldron Cler. Con. Adjourn'd till tomorrow 10 a' Clock a : m :
Pro N. Hamp^«
At a Gen' assem held at Portsm° by adjourm' April 12, 1726. Present In Coun. His Hon'' John Wentworth Esq'"" L' Gov"^ Sam' Penhallow"^ Rich^' Wibird ^
Mark Hunking Ij. ^^ The- Westbrook I -p „ Geo Jaffrey (^^'^ Jn" Frost (^^"^
Shad-' Walton J Joth Odiorne J
The Selectmen of London Derry Prefer'd a Petition to the board directed to y*' Gen' assembly Praying to be Ex- cused from Sending a represen* to y® Gen' assem and Ex- empt from the Province Tax for the Present w'^'^ being read and a Vote pass'd thereon for granting the Prayer thereof the Same was Sent down by Shad''^ Walton & Jii'' Frost Esq'^
Joseph Lock and others were admited to the board to prosecute their Petition for a Parish at Sandy-beach, & the agents for Portsm" Greenland Hampt" & X. Castle appeared also & where fully heard upon the S'^ Petition.
Adjourn'd till tomorrow 10 a'Clock a: m:
1726.] JOURNAL OF GENERAL ASSEMBLY. 209
[p. 400.] Pro N. Hamp'"''
At a General Assem' held at Fortsm" by adjournm* April 13"' 1726. Present In Conn His Hon John Wentworth Esq L' Gov'' Mark Hunking ) Rich'^ Wibird )
Geo JafTrev [ Esq''^ Tho' Westlirook [ Esq" Shad'' Walton ) Jn° Frost )
Joth Odiorne Esq'''= A Message to the board by Cap*^ Downing w*^ the Petition of the Selectmen of Lond° Derry w"' the vote of Council Thereon not pass'd upon by the house, and a Vote of the house for assessing Loud" Derry GOX in y*^ present years Tax w*^** was non coiicurr'd by y® board (nemine contradi- cente) & sent back by the Clerk.
A Message to the House pr Geo : Jaffrey & Jn" Frost Esq''^ \y^'^ y^ vote of Coun for gi-anting the Prayer of Lond" Derry Petition further to be Considered.
Adjourn'd till tomorrow 10 a'Clock a : m :
Pro N. Hamp**
At a Gen' assem held at Portsm" by adjournm* April 14 : 1726. Present In Coun His Honour John Wentworth Esq''" L* Gov'' Mark Ilunking, ) Ptlch'^ Wibird )
Geo : Jaffrey [ Esq" Tho« Westbrook i E&q'^
Shad* Walton ) Joth Odiorne )
A Message to the house by Col" Westbrook and Cap' Odiorne with a bill for Cutting off an Intail made by Peter Coffin* Esq'''' dec'' Pass'd to be Engrost.
* Peter Coffin, Esq., died at Exeter Marcli 21, 1713. The Boston Kews-Lettcr, of March 25th, 1715, says: "On Monday, the 21st current, died at Exeter, the honorable Peter Coffin, Esq., in the 86th year of his age, who was late .judge of his Majesty's Su- periour Court of Judicature, and first member of his Majesty's Council of this Prov- ince, a gentleman very serviceable both in Church and State."— Ed.
14
210 PROVINCE OF NEW-HAMPSHIRE. [1726,
A Message to the board by Cap* Downing with the Said bill concurr'd with in the house.
Adjoiirn'd till tomorrow 10 a'Clock A : M :
Pro N. Hamp"
At a Gen' Assem. held at Portsm*^" by adjournm* April 15, 1726. Present in Coun. His Hon^ Jn° Wentworth Esq'*' L* Gov' Mark Hunking ) Rich'^ Wibird )
Geo Jaifrey [ Esq" Tho : Westbrook [ Esq'*
Sha^ Walton ) Joth Odiorne )
[p. 401.]
A Message to the house by Cap' 'Wi]}ird with a Yote of Council for a Committe of audit which was return'd by M"^^ Sanburn and is as follows.
In Coun April 15*'^ 1726 Voted That George Jaffrey Esq''^ Mark Hunking Esq'"" and Rich*^ Wibird Esq''® be of the Committee of audit from the board to examine the publick accounts to be brought under Consideration this Sessions, and to Continue Audi- tors for the year ensuing.
Rich'^ Waldron Cler Con In the House of Represen* Eod die. Read and Concurr'd and Andrew Wiggin Esq"' Cap* Fellows and M'' Atkinson appointed to be of the Commit- te of this house for y'' Service above.
James Jaffry Cler assem
A Message to the board by Mess''^ Fellows & Dennet to
Pray His Honour's favour in adjourning the Gen' assem
till the Week after next w'''* motion Ilis lion'' promised to
take und"' consideration.
A Message to the house by Geo Jaffrey & Rich'' Wibird Esq""* to recommend to their Consideration an allowance for the Indians as a Present at the ratification.
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1726.] JOURNAL OF GENERAL ASSEMBLY. 211
A Message to the board by Mess" Downing and Sanbnrn with the following vote.
In The House of Represen' April 15, 1726
The Trustees for Exchanging j® £5384 of the old broken defaced bills of the old Impression Delivered to y*^ Gen' assem 146 : 16 : 3 w*^'* was burnt to ashes, y^ Same was D'*! by ye following pcrsous (viz)
[p. 402.] By Col° Mark Hunking X12 : 19 : 6
CoP Peter Wear Kich" Wibird Esq'"'^ Col° Jn'' Plaisted
X146: 16: 3
Voted That Each of the al)ove Persons are discharged of the Sums as above carryed otf against their names.
James Jaffry Cler assem. In Conn Eod die Read and Concurr'd.
Rich'' Waldron Cler Con
A Message to the board by M"" Atkinson and Cap' Gill- man with y*^ following votes.
In the house of Represen' April 14'^ 1726.
Voted That three of the Members of the house wait upon His Hon' the L* Gov'' to assist at y^ ratification of the Peace with the Indians at Casco in behalf of this Province : and That M' Speak"" Wear M"^ Theodore Atkinson and Maj-^ John Gillman are the Persons chosen out of this house for that Service.
James Jeffry Cler assem.
In Conn April 15, 1726 Read and Concurr'd and Geo : Jaffrey Esrf ° Shad'' Wal- ton Esq''" tt Rich'' Wibird Esq'''^ are hereby aj^pointed for y'
Service above.
Rich'' Waldron Cler : Con.
212 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The house of Represeii* April 15"' 1726 Voted That the Treas^ Supply His Hou'' y"^ L' Gov' and those Gentlemen appointed to wait on him to Casco to rat- ifie the Peace with the Indians with the Sum of twenty pounds to be Used at their Discretion as a Present for the Indians, and further that he likewise [p. 403,] Supply His Hon' the Lieu' Gov'^ and those Gent" appointed to wait on liim to Casco w"* all Such necessarys as may be by them tho't Convenient for their Stores.
James Jeffry Cler assem. In Coun. Eod die Read and Concurr'd
Rich*^ Waldron Cler Con Adjourn'd till y*^ 26'^ Ins'
Pro N. Hamp-^®
At a Gen' assem. held at Portsm" by adjournment Apr' 20''^ 1726. Present His Hon-- John Wentworth Esq L' Gov' Mark Hunking ) Rich'J Wibird )
Geo Jafifrey f Esq'^ Tho^ Westbrook [ Esq'^
Shad^ Walton ) Jn« Frost )
Joth Odiorne Esq''' A Message to the board by Mess™ Davis Tibbits and Fellows to acquaint His Hon' the L* Gov' & Council that there was two New Memb'^ added to the house (viz) Cap' Paul Gerrish & M' Eben' Stevens whom they presented to be qualified by having the proper oaths administered to them which was done accordingly.
Cap' Josh^ Wingate being admitcd to the board pre- sented a Petition by way of Caveat to the granting Sandy- bench Petition w'^'' was rec'' and Sent down to the house pr Col" Westbrook.
Adjourn'd till tomorrow 10 a'clock A. M.
1726.] JOURNAL OF GENERAL ASSEMBLY. 213
Pro N. Hamp"
At a Gen^ assem. held at Portsm° by adjournment April 27, 1726. Present His Hon'' John Wentworth Esq L' Gov"^ Sam' Penhallow ) Shad"^ Walton )
Mark Hunking [ Esq--^ Rich'' Wibird [ Esq"
Geo : Jalfrey ) Jn° Frost )
Joth Odiorne Esq'^° [p. 404.] A Message to the board by Col" Davis and Cap' Gerrish with an answer to the L' Gov" Speech as follows
We tliank your Honour for your care & concern for our private alFairs at this busy time of the year in recommending to us tliat this Sessions may be but Short least our husbandry may Sutler thereby
We shall proceed to the Choice of some Suitable Persons to at- tend Yo"" Hon"' to Casco bay or Elsewhere in conjunction with the Goverment of the Massachusets for the confirmation of the late treaty of Peace and likewise make Suital)le provisions for y'' Ilon- ouraljle support of your Honour and those Gentlemen that Shall attend your Honour thither.
We thank your Hon"" for Communicating to us the Contents of Your letter from L' Gov"" Dummer relating to a letter from the Indians and We are of opinion with your Hon'' that the French are very Ims}'^ at work to prevent the good Effects of the Peace lately agreed upon but hope all their Endeavours to that end will be blasted.
As to the setling the lines between y^ Goverm'* we shall take it under our Serious Consideration.
We rejoice at His Maj"'"* Safe arrival to His Kingdome again and heartily Joyn with Your Honoiu' in a congratulatory address on His late wonderful preservation Avhen in so imminent danger at Sea and for His wise and prudent alliances made for the Strength- ening our national Interest l)oth abroad & at home.
A\^e shall take care that all Acts relating to publick Funds be punctually complyed with as much as lies in our power least y® Publick Faith Should suffer any Diminution.
Peter Wear Speak""
A Message to the board by Mess''^ Davis Tibbits and Ger- rish w'^ y® vote of Conn for making a new Town at Sandy beach non-concurr'd.
Adjourn'd till Tomorrow 10 a'clock a : M :
214 PEOVINCE OF NEW-HAMPSHIRE. [1726.
[p. 405.] Pro N. Hamp^''
At a Gen^ assem lield at Portsrn"' by adjor* April 28"^ 1726. Present. His Hon' John Wentworth Esq L* Gov"^ Mark Hunking ) Rich'' Wibircl J
Geo : Jatfrey [ Esq""' Tho* Westbrook [ Esq" Shad"^ Walton ) Jn" Frost )
Joth Odiorne Esq"^*^ A Message to the board by Cap* Wiggin & M"" Stevens with the following votes.
In The house of Represen*
Apr' 28, 1726.
Whereas there was a Vote of the Gen' assem May 28*^''
1720, That the Treasurer should pay twelve pounds pr
annum out of the Town of Gosport Province rate. To the
Town of New Castle,
Voted That the S"' Twelve pounds [be] paid out of the Publick Treasury for the use of the Province.
James Jeifry Cler assem In Coun. Eod die Read and Concurr'd.
Rich" Waldron Cler Con
In The House of Represen* Apr' 28"^ 1726. Allowed Sam' French out of the Treasury eight pounds sixteen to discharge his ace* for cure of a Gunshot.
Jam. Jeffry Cler assem' In Coun Eod die Read and Concurr'd :
Rich'' Waldron Cler Con.
The following Persons omitted in Cap* Jn" Gillman's Muster Rol allowed as Set off ag'* Their names (viz). Sam' Elkins 10 days <£-:14: 4
Jn° Rawlins 7 days £ -: 10: —
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1726.] JOURNAL OF GENERAL ASSEMBLY. 215
Moses Norris 5 days Jon^Glidden 16 days Joii^ Mudget 15 days Josh. Norton 28 days
Eln^^ Dam 21 days
Apr^ 28, 1726 James Jeffry Cler assem
[p. 406.] Ill Coun Eod die
Read and Concurr d.
Rich^ Waldron Cler Con
A Message to the board by Cap* Tibl>its & Cap' Gerrish with the following votes
In the House of Represcn* Apr' 28, 1726 Yoted That The Records of Deeds for the Province of New Hamp""* be constantly kept at some convenient house at the bank in Portsm" and also —
Yoted That CoP Mark Hunking Esq'"'' be the Recorder of Deeds for the Province of N. Hamp''® for three years from y'^ lO*'' day of May next.
James JefFry Cler assem. In Conn Eod die Read and Concurr'd
Rich'^ "^"aldron Cler Con
In The House of Represen* Apr' 28"^ 1726. Yoted That the Recorder of Deeds and Conveyances for this Province Shall take for recording Each Deed mortgage or Conveyance after the rate of one Shilling for each page of eight and twenty lines in each page & eight words in a line and Sixpence for liis attestation, and no more on y*^ penalty by law provided.
Jam Jeflfry Cler assem.
In Coun Eod die Read and Concurrd.
Rich-^ Waldron Cler Con
216 PROVINCE OF NEW-HAMPSHIRE. [1726.
A Message to the board by Mess" Davis & Wiggiii with a Vote for repealing the old laws.
Adjourn' d till tomorrow 9 a clock A : M :
Pro N. Hamp'*
At a Gen' assem held at Portsm''
by adjournm* Apr' 29'^^ 1726 Present His Hon^ Jn° Wentworth Esq''*' L' Gov^ Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq" Tho^ Westbrook [ Esq" Shad"-^ Walton ) Jn'^ Frost }
Joth Odiorne Esq'^^ [p. 407.] A Message to the House by CoP Walton & Cap* Frost with the vote of the House sent up yesterday for repealing the old laws non-concurr'd and a vote of Council for a Committe to supervise ye laws.
A Message to the House by Mess" Jaffrey Westbrook & Frost with a vote for addressing His Majestie Adjourn' d till tomorrow 9 a' clock A : M :
Pro N. Hamp™
At a Gen' assem held at Portsm'' by adjournment April 30'^ 1726 Present His Hon^ John Wentworth Esq L* Gov"" Sam' Penhallow ^ Tho« Westbrook ^
Mark Hunking ^ -ponrs J^" Frost 1 ^
Geo : Jaffrev f ^^'^ Joth Odiorne f ^^^
Shad^ Walton J Rich'' Wibird j
The Vote of Coun. sent down yesterday for an address to His Majestie ab' y® lines return'd non-concurr'd.
A Message to the board by Mess" AViggin & Sanburn with the following vote
1726.] JOURNAL OF GENERAL ASSEMBLY. 217
In The House of Represen' Apr' 3 O''^ 1726. Whereas His Hon'' the Lieut Gov"^ hath had the whole Government as Command'r In Chief Still continued upon him Voted That His Hon'' be presented and paid out of the Publick Treasury w'** y" Sum of one hundred pounds for His Extraordinary care and Service done.
Jam. Jeffrey Cler assem. In Conn Eod die Read and Concurred.
Rich^ Waldron Cler Con
A Message to the board by Mess" Downing & Gerrish with the following vote.
In The House of Represen' Apr' 30* 1726
Voted That the Plates for Impressing y^ paper bills of this Province be D''' CoP John Plaisted (from wliome they were taken) for y'' Safekeeping thereof, for y*^ use of y^
Province.
Jam Jeffry Cler assem In Coun Eod die Read and Concurred.
Rich^' Waldron Cler Con [p. 408.] Ordered
That the Grand Committe for tlie fifteen thousand pounds immediately Set up notifications on the Publick meeting houses throughout tliis Province Requiring y*' Per- sons that have taken any of that mony l)efore the Fall Sessions to Comply with that act relating to that mony or otherwise j" law to be put in Execution against tliem, and that a Copy of this vote be set up with their notifications.
Jam Jeffrey Cler assem. In Coun Eod die Read and Concurred
Rich'' Waldron Cler Con
The Petitioners for a Parish at Sandy-beach having ob- tain'd leave to bring in a bill, Presented one accordingly, w'^'^ having had Its Several readings in Each house the same
218 PROVINCE OF NEW-HAMPSHIRE. [1726.
was Pass'd to be Enacted, and was Sign'd & Sealed accord- ingly. The title is
" An Act for Settling and Establishing " Two Parishes In the Town of New Castle. Adjourned till y*" IS**" of May next
Pro : of N. Hamp^«
At a Gen^ assem held at Portsm" by adjournment May IS''' 1726 Present His Hon'' John Wentworth Esq L* Gov'' Sam' Penhallow ) Rich'^ Wibird )
Mark Hunking [ Esq-"* Tho« Westbrook [ Esq"
Geo Jaffrey ) Joth Odiorne )
Adjourn'd Til tomorrow 10 a'clock A : M :
Pro of N. Hami/^
At a Gen' assem. held at Portsm**
by adjournm* May 19'" 1726. Present His Hon' John Wentworth Esq''^ L' GoV Sam' Penhallow ^ Rich-^ Wibird ^
Mark Hunking i T^^^^rs Tho* Westbrook I p^^„
Geo: Jaffrey f^"^ Jn« Frost f^^^
Shad=* Walton J Joth Odiorne j
[p. 409.] A Message to the board with y^ following votes &c
John Wentworth for Stores at the Fort <£6 : 14
John Peacock for cleaning and mending arms £9: 9 Benj^ Rust for Sundry Expences £9: 17
Jon^ Sanburn's Muster Rol for 10 men 3 days
forProv" XI: 10: -
Ditto's Muster Rol for 19 men 3 days for pro- visions £'2: 17 : - Ditto's Muster rol for 12 men 3 days as above £1 : 16 : -
1726.] JOURNAL OF GENERAL ASSEMBLY. 219
Dittos acc' &c^ <£3 : 6 : -
Mess'^ Jaffrey & Dennet for farming y'' Excise
10 Each XI: _: _
In The House of Represen* May 19"> 1726. Voted That the above ace** be allowed and paid out of the publick Treasury as y® Sums are carry'd off.
Jam Jeffrey Cler Assem. In Coun Eod die Read and Concurr'd.
Rich<^ Waldron Cler Con
In The House of Represen* May 19"> 1726 Allowed In Discharge of Edw*^ Halls Muster Rol £6:2: 6.
Jam Jeffry Cler assem. In Coun Eod die Read and Concurr'd
Rich'^ Waldron Cler Con
Adjourn'd till tomorrow 10 a Clock A. M :
Pro of N. Hamp^«
At a Gen' assem held at Portsm" by adj' May 20"^ 1726. Present His Hon'' John TVentworth Esq L* Gov^ Mark Hunking ^ Sam' Penhallow )
Geo : Jaffrey V Esq" Rich" Wibird f Esq"
Shad^^ Walton ) Tho« Westbrook )
Joth Odiorne Esq" A Message to the Board by Mess" Stevens & Sanl)urn with the following Votes and allowances viz
To Shad^^ Walton Esq Jn° Frost Esq'^^ Jn" Gillman Esq-"" & M"" Theo : Atkinson five pounds each for accompanying the L' Gov"" to Boston on a Treaty w"' y'^ Ind"' Pass'd In y'^ House of represen' May 19"' 1726.
J. Jeffry Cler assem. [p. 410.] In Coun May 20'" 1726
Read and Concurr'd R. Waldron Cler Con
220 PROVINCE OF NEW-HAMPSHIRE. [1726.
Allowed to the Gent" that were sent to Pennecook (1) and their attend'^® thirty-one pounds Seventeen Shillings & Eleven pence for their Time horse hire & Expences to he p** to M'' Atkinson and by him to be disposed of according to the Yote on file.
Past In the House May 20*^ 1726
J. JefFry Cler assem In Coun. Eod die Read and Concurr'd
Eich'^ Waldron Cler Con In The House of represen' Apr' 30*^ 1726 Whereas the boundaries of this Province remain yet un- settled wliich is much to the damage of this His Maj"** Government Especially Inasmuch as the Government of the Mass^ have lately disposed of and laid out Considera- ble Tracts of land which is reasonably Supposed to be far within the bounds of this Province, and are about granting more of the S*' lands which is a very Great grievance —
Voted That Instructions be drawn up & sent to M'' Agent Newman to prosecute and Endeavour a Speedy settlement of the lines between this Goverment & that of the Mass^ both In length and breadth in a more Certain Manner than yet hath been done, and that M"" Agent Newman have one hundred pound of this Mony Sent him to Enable him to prosecute the same and for other his good services, and that Cap' William Fellows & M"" Theo : Atkinson be a Committe of this House to Joyn w'^ a Comitte of the upper House to draw up Instructions for the Said agent accordingly.
J Jeffrey Cler assem. In Coun May 20''^ 1726. Read and Concurr'd and Geo Jaffrey & Rich^ Wibird Esq" appointed for y* Service above
R. Waldron Cler Con
(1) See Records of Council, p. 12, of this Vol.
1726.] JOURNAL OF GENERAL ASSEMBLY. 221
[p. 411.] Thomas Westbrook Esq"'* moved to His Honour the Lieu^ Gov'' that he the S'^ Westbrook was Informed that he was postponed in the order of Councill''' his name mis- placed in the Council book and had not his Vote regularly at the Board contrary to His Maj"''^ Instructions and pray'd his Hou"" to be referred to the S"^ Instructions to see whether It was so or not. Whereupon His Honour produced &, ex- examin'd the S''' Instructions and declared that the S*^ Westbrooks name was not Entered In the Council book agreeable to the S'^ Instructions, but withall Inasnnich as the form of the Entry was by Gov'' Shutes order, he should make no alteration til he heard whether Gov" Shute would return to this Goverment or not.
Adjourn'd till tomorrow 9 a'Clock a : M :
Pro : of X. Hamp""®
At a Gen' assembly held at Portsm° by adj' May 21^* 1726. Present In Coun. His Hon" John Wentworth Esq L' Gov"" Sam' Penhallow ) Shad-'^ Walton ^
Mark Hunking S Esq'^ Rich" Wibird V Esq"' Geo JafFrey ) Tho^ Westbrook )
Geo Jaffrey Presented to the Board the draught of an address to His Maj*'*' which was read and accepted and Sent down to the house by y*^ Clerk a Copy of which is on file.
A Alessage to the Board by Mess"" Tibbits and Atkinson with the following votes.
In The House of represen*
May 21*' 1726.
Voted that there be Sign'd off of the two thousand
pounds last Imprinted the Sum of eight pounds and put
into the Treasury for the payment of the Sundry Debts
now allowed & remaining due from the Province and other
222 PROVINCE OF NEW-HAMPSHIRE. [1726.
contingencies that may happen and that His Hon'^ the L*
Gov'^ be desired to Issue out warrants for the payment of
what is yet unpaid.
J Jeffrey Cler assem.
In Coun Eod die
Read and Concurr'd
R.^Waldron Cler Con.
[p. 412.] Voted That His Hon' the Lieu* Gov"- be desired to agree with five Suitable persons to Survey the land at y® head of Barrington and the pond of Winnipishoky to as- certain how three New Towns now petitioned for may be laid out, and that the Petitioners for those Towns pay the Charges Ja Jaffrey Cler assem.
In Coun Eod die Read and Concurr'd
R Waldron Cler Con
Ordered that the Consideration of building a Court House be Suspended til next Session
A Message to the board by Mess^^ Gerrish & Stevens w"" a Vote for removing the Courts which was read and non- concurr'd & sent back by the Clerk.
A Message to tlie Board by Mess''^ Gerrish Atkinson and Stevens with the following votes.
In The House of Represen* May 21^* 1726.
Voted That the Seventeen hundred and thirty pounds that is now in Several persons hands for which they have Given their Bonds be paid unto the Treasurer in Bills of Credit on this Province or if tliey shall desire to keep the several Sums of mony they now stand Indebted for that then they or any of them shall give Such further Security as shall be approved of by the Gen^ assembly, and that the Interest now due on the Said bonds be rec'd by the Treas'' at two and a half pr Cent pr annum and that the tenour of the Said bonds be at 2 & 1-2 pr C pr ann for y° future.
Jam. Jeffrey Cler assem.
1726.] JOURNAL OF GENERAL ASSEMBLY. 228
In Conn Eod die
Read and Concurr'd.
Rich^^ Waldron Cler Con
In The House of Represen' May 21" 1726. Whereas .the Lieu' Gov'" hath had the whole Goverment as Command' In Chief still continued upon him, and been at Extraordinary Charges, Voted That there be paid out of the Publick Treasury as an additional present to what was last Given him the Sum of tv/enty five pounds.
James Jeffry Cler assem In Coun Eod Die. Read and Concurred
R. Waldron Cler Con
[p. 413.] In The House of Represent May 21«' 1726.
Voted That M' Clerk Waldron be paid out of tlie Pub- lick Treasury the sum ot Seventy seven pounds ten Shill- ings for his Service and what was Short paid him last — ■ and that M' Slier : Gamljling be paid out of the Treasury the Sum of fifteen pounds for his years service being in war time.
Jam Jeffry Cler assem
In Coun Eod Die Read and Concurred
R. AYaldron Cler Con.
Upon a frecli application made by CoP Westbrook to have his name riglitly placed In the Council book &c* as by his Memorial on file, and Col*^ Walton also representing at the same time that as it had appeared by the Instruc- tions that he also was postponed in y® order of Councill" and praying he may be righted, It is ordered by His Hon'' that the Consideration of tlie Said Motions be Suspended til next monday come sennet at which time It is likewise order'd that a full Council be Summoned.
Prorogued till y'' 8"' of October nest
224 PROVINCE OP NEW-HAMPSHIRE. [1726.
Pro: N. Hamp'<=
At a Couu held at y® Council Chamb' In Portsm° June 30'^ 1726 Present His Hon"" John Wentworth Esq^" L* Gev'" Sam' Penhallow ^ Rich"^ Wibird ^
Mai'k Hunking I -^ ,., Tho* Westbrook * t rs
Geo : Jeffrey f ^''^ Jn° Frost f ^^^
Shad=^ Walton J Joth Odiorne J
Upon a rehearing of the Motions of Col° Walton and CoP Westbrook for being rightly placed in the order of Council""' as Minuted the 20"' & 2V^ Instant It is ordered that the Consideration thereof be further Suspended for the Space of Six months or til Gov"" Shutes return. The Gen' assem was further Prorogued til y*" 21^' Novemb-" 1726
[p. 411.] Pro of N. Hamp'-^
At a Gen' assembly held at Portsmouth by Pro- rogation on tuesday y*" 21^' Novemb"' 1726 Present. His Hon^ John Wentworth Esq L* Gov"" Mark Hunking ) R. Wibird )
Geo : Jaffrey [ Esq''" A Macpheadris > Esq"
Shad=^ Walton ) Jn° Frost )
Joth Odiorne Esq'"^ Adjourned til tomorrow 10 a'Clock A : M :
Met again Nov"- 22" 172G Present As Before The Committe appointed to write to M"" Newman laid before the Board a letter from him w"^ y*^ Copy of a Memo- rial to His IMajesty and a Copy of a letter to y® Plantation Board which were read and Sent down by y*" Clerk Adjourned til tomorrow 10 a'Clock A : M :
1726.J JOURNAL OF GENERAL ASSEMBLY. 225
[From MS. Corresinnuicuce in Secretary's office, i>. 53.]
Middle Temple, •2U^^'- Aug. 1726. Dear Sr:
This accnuipanys a Cupy of iny last of 29"' Jul}', by Dr. Boyl- ston iu Letlierhead, aud aekuowlcdges the Rec* ot y favour of the 9"^ of March, since which I have received yo"" letter of the 17"^ of June signifying that you had wrote to me of the 12"' of April, which I don"t find ever came to hand.
In oliedience to the order of the Committee of both Houses, I innuediatel)^ put in a memorial to the Board of trade.— cop}^ of which is here inclosed, with mv letter to the said Committee there- upon, to which 1 beg leave to refer you, and for other particulars therein mentioned.
I have since obtained a Reference of my memorial to the King, on the subject of the Lines, to the Lords Commission''" of Trade, and the same is now lodgVl at the Board of Trade for a day to give Mr. Dummer and me the Hearing.
How far M"" Dummer may draw me into a contest al)ou1 this matter must be left to time; I can only say that if the Province will support me, nothing shall be wanting on my part to defend their interests.
I innuediately waited on the D. of [Jfew Castle with the address of the Province to his Majesty, but his grace being at his Country Seat at Claremont wliere he expects his Majesty, I was advised to delay presenting it, till his return.
I beg leave to rei'er you for the rest to the print herewith sent. and assure j'ou that 1 am. Dear Sr,
Y'' most humble servant,
llEXRY XEWMAN
Lieut. Gov"" AVentworth.
The Gov'' (1) is well, being gone into Derljysliire to make my Ld. President a visit upon invitation. I told him you had wn te several letters without receiving any answer; but he assured me lie had acknowledged them all, by letters, w*^^'' I hope you have rec'^ ere this.
Pro: X. Hami/^
At a Gen' assembly held at Portsin" by adj' Nov"" 2o'' 172G Present. His Hon^ John Wentwortli Es(i L^ Gov'' Mark Hun king )
Geo: Jatfrey J Esq"'* A Maci.lioadris ) r. rs
Rich" Wibinl?) Ilicli" Wibiid \ ^'-i
(1) Govr. Samue! Pbate was at tliis time in Kiiyl,;!! 1.
15
226 PROVINCE OF NEW-HAMPSHmE. [1726,
A Message to the Board pr Mess''^ Redman & Tibbits to acquaint flis Hon'' that there was a New Member retnrn'd to Serve for y* Parish of Rye & to pray he may be quali- fied w*^^ was done.
A Message to the House w'" the Instrument of Pacilica- tion Signed by y'' Indians &c^.
A Message to the Board by Cap* Gerrisli & M"" Jcnnis with the following Vote.
In The House of Represen* 9br 23d 1726
Voted That tlie Prayer of Hampton Palls Petition be granted so far (viz) That the Soutli Parish of Hampton caird the falls Parish be Impowered fully & Separately [p. 410.] l)y themselves to Make a rate on all Persons & Es- tates within Said Parish for the payment of their Minister's Salary at all times hereafter and be utterly free from hav- ing anything to do with the first Parish or y® first Parish In Hampton with them relating to the Minister's Salary.
Ja Jeffrey Cler assem In Coun Eod Die Read and Concnrr'd
R. Waldron Cler Con A Message to the House pr M'' Jaffrey w"' a Vote of the Gen' assembly of the Mass^ for appointing Commissioners to Settle the Province lines (fee'
John Hobby Esq Presented a Memorial To tlie Board Praying ^lic Gcu' [assem.] to appoint a Committe to Com- pound wiili iiiiu for his claim on one half of the Province which was read and sent down.
A Message to the Board by M'" Tibbits with a Vote ap- pointing a Committe to Number & Count over the Bills to be burnt this Sessions.
The Gent" of the House for that Service are
( Fellow^s Mess''^ < Dennet ( Atkinson
1726.] JOURNAL OF GENERAL ASSEMBLY. 227
of tlie Board Mess'« ( Wibird
} Macpheadris ( Odiorne Adjounicd til tomorrow 10 a'Clock a: m:
Pro : N Harnp''^
At a Gen' assembly held at Ports- mouth by adj' Nov-" 24'" 172G. Present His Hou^ John Wentworth Esq L' Gov'" Mark Hunking \ Rich'' Wibird )
Geo Jaffrey V Esq'" Arch'' Macpheadris [ Esq"
Shad=^ Walton ) Joth Odiorne )
This day a Conference has held at the Council Chamber upon M'" Hobby's Memorial which being over the House withdrew to their own apartment.
Adj' til tomorrow 10 a'Clock a : m:
[p. 41G.] Pro : of N. Hamp'«
At a Gen' assem. by adjournm* Nov 25"^ 1726. Present His Hon' John Wentworth Esq'^ L* Gov' Mark Hunking ) A Macpheadris )
Geo Jaffrey \ Esq" Jn'' Frost [ Esq"
Shad^ Walton ) Joth Odiorne )
Devereax Bacon Esq'® appearing at the Board Presented His Majesties Letters Patent appointing him Naval officer and a Warr' to be Collector &c^ To whom His Hon' caused the proper oaths to be administered.
Adjourned til tomorrow 10 aClock a: m:
228 PROVINCE OF NEW-HAMPSHIRE. [1726,
Pro : of N. Ilamp™
At a Gen' assem. by adj' Nov 2G"' 1726 Present His Hon' John Wentwortli Esq L' GoV Mark Hnnking J R Wibird J
Geo JatTrey > Esq" A Macpheadris [ Esq" Shad'* Walton ) Jn° Frost )
Joth Odiorne Esq'"'' The following Vote p"^ M"" Downing Whereas there was delivered to the Assembly by the Trustees for Exchanging the five thousand three hundred Eighty four pounds of the Cypher bills and burnt in their Presence,
By Rich'^ Wibird Esq'« £11 :
Col° Plaisted £51:
CoP Weare £55:
G. Jaffrey Esq''^ £62 :
CoPHunkinix £20:
|
•J : |
6 |
|
15: |
11-2 |
|
4: |
9 |
|
6: |
6 |
|
3: |
6 |
X266: 13: 41-2 Voted That Each of the Persons above named be dis- cliarged of the Several Sums set off ag'" their names 9^' 27 : 1726 Jam Jeffry Cler assem
In Conn Eod die Read and Concurrd R. Waldron Cler Con
Adjourn'd til tuesday the 29"^ Instant.
[p. 417.] Pro : of X. Hamp'^^
At a Gen' assem by adj' on Tuesday y'' 29'" Nov' 1726. Present His Hon' John Wentwortli Esq L' Gov'" Mark Hunking } .^ ,, Shad'' Walton | ^ ,,
Geo: Jatfi-ey j ^^^ Joth O.liorno p'''"^
adj' til tomoi'row 10 aV-bjck a : m :
1726.] JOURNAL OF GENI'^RAL ASSEMIJLY. 229
Pro of N. Ilainp^"^
At a Gen' asseiii pr adj' AVednesday y« 30"^ Nov^ 172G. Present as Before also Arch'^ Macplieadris ) ^ rs Jn' Frost \ ^^^
By M"^ Dennet y® following Yote In The House of represen* The Memorial of John Hobby Esq having been Consid- ered in this House The House are of opinion y' the Laws of the Province are Sufficient to determine any controver- sie with res|>ect to any title of land lying w"' in the Same and It being unpresidented for this House to take any Cog- nisance where the Title of land is determinable by the Courts of Common law within this Province, Therefore Voted
That the Said Memorial be disraist 9br 30th 1J26. Jam Jaffry Cler assem.
In Coun Eod die Read and Concurrd.
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a. m.
Pro of N. Ilamp,
At a Gen' assem by adj' thursday Dec"" 1^' 172(3. Present His Hon-" John Wentworth Esq''^ L' Gov^ Mark Hunking ) R. Wibird )
Geo : Jaffrey [ Esq""^ A Macplieadris > Esq"
Shad^ Walton ) Jii° Frost )
Joth Odiorne Esq''" The following allowances Pass'd In the House and brot to the Board by Mess""' Dennet & Sanburn
|
Z60 PROYINCI |
] OF |
NEW- |
-HAMPSHIRE |
[1726. |
|||
|
[P. 418.] |
|||||||
|
Xo. 1. Stephen Greenleaf |
£oG: 17 |
_ |
|||||
|
2. Dan' JSIoultou |
£30: — : |
5 |
|||||
|
3. Dan^ jSIoulton |
£ 1: 5 |
4 |
|||||
|
4. Kich'i Perry |
£ 4: 10 |
- |
|||||
|
0. Jno Avres |
£ 1: 12 |
- |
|||||
|
6. Tlio'' Smith |
£—: 18 |
8 |
|||||
|
7. Ju" Wentworth |
£ 3: 16 |
8 |
|||||
|
8. W" Diverre & Tho^ |
Xohle |
£ 4: 2 |
_ |
||||
|
9. Jn" Robinson |
£28: 5 |
4 |
|||||
|
10. W" Fellows |
£ 2: 17 |
3 |
|||||
|
11. Jos Moulton |
£ 1: 16 |
_ |
|||||
|
12. Jn« Peacock |
£ 2: 15 |
6 |
|||||
|
13. Jn« Roberts |
£ 1: 8 |
4 |
|||||
|
14. Jam Jeffry |
£ 2: 11 |
6 |
|||||
|
15. Gent" Coun & assem. ffoinff East |
£80: — |
_ |
|||||
|
Jn° Griffiths |
£—: 10 |
: - |
|||||
|
Sam^ Waters |
£ 1: 9 |
: 3 |
|||||
|
Benj'' Rust |
£ 6: 11 |
8 |
|||||
|
M-- Fitch |
£ 8: — |
- |
|||||
|
Benj* akerman |
£ 5: — |
: - |
|||||
|
Jam Titcome |
£ 5: — |
: _ |
|||||
|
Gyp" Jeftry |
£ S: — |
||||||
|
Jn" Ayent^yorth |
£ 6: — |
- |
|||||
|
Benj* Akerman |
£ 1: 5 |
- |
|||||
|
NoV 26 |
& Dec^ |
1^' 1726. |
|||||
|
Pass'd Jam : |
JefFry Cler assem |
||||||
|
In |
Coun |
. |
|||||
|
Dec^ |
1st 17 |
26 |
|||||
|
Read and Concurr'd |
|||||||
|
R. |
Waldron Cler Con. |
A Message to the Board by Mess" Dennet and Sanburn as follows
Voted In the House Dec 1^' 1726 That We think it not proper to Chuse any Commissioners to Joyn w"^ Commis- sioners of y® Mass'* to settle y® line the whole matter being submitted to His Most Gracious Majestic
Jam Jeffry Cler assem In Coun Eod die Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Maj Gillman w"* y° following allowances
1726.] JOURNAL OF GENERAL ASSEMBLY. 231
To James Joffiy as Cler assem from 9'"' 1725
to 19"^ 9'^''172G ct for draughts of ye Prov. £15 : — : — To and''' Wiggiu Esq for money Expended on
a Scout <£ 1 : — : —
To Cap' Walker for himself & Troop .£11 : — : —
Pass'd In the House Dec'' 1^' 1726
Jam : Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
Ricli^' Waldron
By The Same Message an allowance To M'' Eleaz' Russel
of His ace' being £1 : 14 : —
Jam'' Jeffry Cler assem
R. "Waldron Cler Con Adj'^ til tomorrow 10 aClock a : m.
[p. 419.] Pro of N. Hamp'-^
At a Gen' assem held at Portsra" by adjournm' on fryday Dec"" 2'^ 1726 Present His Hon^ John Wentworth Esq L' Gov-- Mark Hanking ) Rich'' Wibird )
Geo Jaffrey [ Esq" A Macpheadris [ Esq'^ Shad^ Walton ) Jn" Frost )
Joth Odiorne Esq^'' A Message to the House pr Geo Jaffrey Esq w''' a Vote of Council w"^'* was bro' back by and"' Wiggin Esq''*^ & is as follows
Whereas the InT Court of Common pleas & Sup'' Court of Judicature are always or for the most part retarded In their Sessions for want of Competent Jurors & a Sufficient number of them therefore Voted that a bill be prepared in addition to an act to return able & Sufficient Jurors as at large in the S'' Vote & act on file.
Adj'' til tomorrow 10 aClock a : m :
232 PROVINCE OF NP]W-IIAMPSlirRE. [1726.
Pro: of N. Ilamp''''
At a Gon' assem by adj' Saturday Dec o'' 172G Pre^^ent His Hon'" John Wcutwortli Esq L' Gov'' Mark Ilunkiug \ R. Wibird J
Geo Jaffrey > li^sq" A inac|)1ieadris > Esq"
Shad' Walton ) Jii" Frost )
Joth Odiornc Esq'*" A Message to the Board pr Mess"''^ Atkinson & Tibbits with the following vote.
In The House of Represen' Dec'' 1, 172G Voted That there be Sign'd off of y'' two thousand pounds last Imprinted the Sum of two hundred twenty- eight p'^^ & nine pence and also two hundred pounds of y'' five hund'^ pounds last printed for exchanging the broken mony & also two hundred forty-two pounds nine Shillings and nine pence being blank Bills left of the late Impres- sions and for a fund for paying the sum of two hundred forty two p'*''' nine Shillings and nine pence Voted that It l)e raised by a Tax on the Inhabitants of this Province to be paid in y'' year 1737 and when bro' into the Treasury to be burnt to ashes In presence of the Gen' assem and the same to be paid in such Specie as the [p. 420.] Gen' as- sem. Shall agree upon and that an Act be drawn up accord- ingly Jam Jeffry Cler assem In Conn Dec'" S'' 1726. Read and Concurrd
R. Waldron Cler Con
Adj'' til Wednesday next 7"' Instant
1726.] JOURNAL OP GENERAL ASSEMBLY. 233
Pro : of N. Hamp'-^
At a Gen' assem pr adj' Wednesday
Dec' 7"> 1726
Present
His Hon"" Jolm Wentworth Esq''' U Gov'
Mark Hunking ) A Macj)lieadris j
Geo Jatfrey [ Esq" II Wibird [ Esq'^
Shad=> Walton ) Jotli Odiorne )
Adj*^ til tomorrow 10 a Clock A M
Pro of N. Hamp'«
At a Gen' assem by adj' Dec"" S"* 1726 being thursday. Present as Before also Jn° Frost Esq"= This day George Jaifrey Esq was appointed Treasurer and receiv' General ttc" of this Province with the advice of the Council and a Commission and bond was ordered to be prepared accordingly and notice was given to the House of the Same by Rich'' Wibird & Jn" Frost Esq'^ Adj^' till tomorrow 9'" Instant
Pro of X. Ilamp'"
At a Gen' assem by adj* Dec' G"' 1726 being Thursday [?] Present His Hon' John Wentworth Esq L' Gov Mark Hunking \ Rich'' Wibird J
Geo : JatTrey > Esq'* A macpheadris > Esq'*
Shad*' Walton ) Jotli Odiorne )
A Message to the Board ))y M' Tibbits as follows.
In The House of rei)resent Dec' 9"' 1726 Voted that there be a bill of Exch'* to the Value of fifty p''^^ Sterling purchased and sent [p. 421.] M' agent New-
234 PROVINCE OF NEW-HAMPSHIRE. [1726.
man For Carrying on the affair of the lines between this
Province and the Province of the Mass'^ Government and
that the Snm of one hundred and fifty p"^' be paid out of
the Publick Treasury for purchasing S" bill of Exch'^ or
what more it will purchase.
Jam Jeffry Cler assem
In Conn Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the board by Cap' Downing w"' an allow- ance to Cap' John Knight of four Shillings apiece for him- self & thirty men nnd'' his Command in Scouting in all X6: 4:
Dec"" 9"^ 1726. Jam Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a : m :
Pro of N. Plamp
At a Gen' assem by adj' Saturday
Dec-^ lO''^ 1726. Present His Hon^ John Wentworth Esq L' Gov"^ Mark Hunking ) R. Wil)ird J
Geo : Jaffrey > Esq"^ A Macpheadris V Esq"
Shad'' Walton ) Joth Odiornc )
A j\Iessage to the Board by Mess" Sanburn & Stevens w"' the following Votes or allowances (Viz) To Sam' Weeks in full of his acc'^ .£1 : 4
To Sam' & Jn° Shackford in full X2 : 3
To Rich" Ward £- 9
X''' 1726 Jam Jeffrey Cler assem
In Coun Eod die Read and Concurrd
R. Waldron Cler Con
172G.] JOURNAL OP GENERAL ASSEMBLY. 235
By The Same Message the following Vote In The House of Represent Dec^ 10*'^ 1726 Voted That the Same Committe that was appointed to write W agent Newman be now again Desired to write him for his Service and pray his further Care relating to the lines and Stores w"' what further direction they shall think most proper and present It to y® assembly next Sit- ting for approbation
Jam Jeffry Cler assem
In Coun Eod die
Read and Concurrd R. Waldron Cler Con
adj^* til Wednesday y" 14'*^ Inst
[p. 422.] Pro of N. Hamp™
At a Gen' assem pr adj' Wednes- day Dec^ 14*'^ 1726 Present His Hon"^ John Wentwortli Esq L* Gov"^ Geo Jaffrey ) A Macpheadris ) ^ rs
Shad^ Walton } Esq" Joth Odiorne j ^^^
R Wibird )
Adj'' til tomorrow 10 a' Clock a, m.
Pro : of N. Hamp"
At a Gen' assem by adj' Dec'' 15, 1726.
Present
His Hon^ John Wentworth Esq L* Gov^
Geo Jaffrey ) A. Macpheadris ) p , rs
Shad'^ Walton [ Esq'^ Joth Odiorne j "^'^
R. Wibird )
In Coun. Order'd That Mess" Weare Cate and Lunt Ite a Com- mitte to run y'^ line between Exeter & Chester as at large on file
Adj' til tomorrow 10 aClock a m :
236 PROVINCE OF NEW-HAMPSHIRE. [172G.
Pro : of N. Hainp"""
At a Geii' assem by adj^
fryday DeC IG'" 172(3. Present, His Hon"" John Weiitwortli Esq"""^ Lieu' Gov"^ Geo Jaffrey ) A. IMacpheadris )
Shad^* Walton [ Esq" Jn" Frost [ Esq"
Rich'' Wibird ) Joth Odiorne )
a Message to the Board by Mess''^ Downing & Sanburn w"^ the following vote Voted That the Keei/ of His Maj"'*« Goal at Portsm" have free liberty to sel ale beer & Cyder Excise free and that the S'^ Keep'' pay Excise for all wines rum and other Spirits that he Sells as other Publick Houses do from Henceforward
Dec'' 16, 1726. Ja^ Jeffry Cler assera
In Coun Eod die
Read and Concurred
R. Waldron Cler Con
By The Same Message the following allowances viz To M^ Atkinson In full of his ace' £13 : 13
To Sam' Hart In full of his ace' £— : 16
Dec'' 16, 1726. James Jeffry Cler assem
In Coun Eod die Read and Concurred
R Waldron Cler Con
Adj'' til tomorrow 10 a'Clock a. m.
[p. 423.] Pro : of N. Hamp
At a Gen' assem by adj' Dec'' 17"' 1726. Present His Hon'' John Wentworth Esq L' Gov'' Geo Jaffrey ^ A Macpheadris \
Shad" Walton \ Esq''^ Jn'> Frost [ Esq''
R. Wibird ) Joth Odiorne )
A Message to the Board by Mess'* Gerrish & Sanburne
172C>.'} JOURNAL OP GENERAL ASSEMBLY. 237
viz Presented to the Gen' assem by Geo Jaffrey Esq from the Grand Committe two hundred & two ponnds 3 : 3 ^vllioh was? l)urnt In their presence being part of y'' fifteen thous'' pounds of w<^'> S^' Sum of ,£202: 3: 3 y« S*^ Com- mitte are herel)y discharged
Dec" 17, 1726. Jam* Jeffry Cler assem
In Conn Eod Die.
Read and Concurrd
R. Waldron
Presented to the General Assembly by the Exec'' of Sam' Penhallow Esq''^ late Treas'' Dec'' fifty two p*'* ten Shillings and Eleven pence farthing being part of the three hundred ])0unds put into the Said Penhallows hands for Exclr'* the old broken bills & y® S'' Exec"" is discharg'd of so much namely ^£52: 10: 11: 1
Pec"" 17, 172G Jam* Jeffry Cler assem
In Coun Eod die
Read and Concurred
R. Waldron Cler Con
In the House Pec"" 17, 1726. allowed the Post Mas"" Gen' X3: — : —
J Jeffi-y Cler assem
In Coun Eod Die Read and Concurrd
R. Waldron Cler Con.
A Message to the Board by j\Iess'"* Atkinson & Sanburn with tlic following votes
In The Mouse of represent Dec'' 17 1726. ^'otcd That there be Signed off of the mony now to be printed three iumdred ponnds and [nit into y*" Ti-casury for y^' paym' of what is now due from the Province
Jnm* Jelfry Cler assem
In Coun Eod die
Read and Concurrd
R. Waldr(;n Cler Con
238 PROVINCE OF NEW-HAMPSHIRE. [1726.
Ill The house of represeu' Dec'' 17 1726. Voted That Whereas there are Several Persons Deceased who were Indebted to this Province for Several Sums by bond (viz) [p. 424.] of the Seventeen hundred and thirty pounds. Voted That the Persons who liave of that niony in their hands together w"^ the heirs or exec'''' of those who are deceased pay the Principal and Interest or give Suffi- cient security by Sufficient Bondsmen therefor, and tliat Col° John Plaisted M-" Eph. Dennet and Cap' William Fel- lows w"" those the Council Shall appoint be a Committe to receive the same either the mony or New bonds and secu- rity as aforesaid, and also that the Treasurer Get In the Interest mony due from Kingston.
Jam^ Jeffry Cler assem.
In Coun. Eod die. Read and Concurrd
Rich^i Waldron Cler : Con.
In The House of Represen' Dec"" 17, 1726. Voted That the Sheriff of this Province be paid out of the Publick Treasury for his care and Service in returning able and Sufficient Jurors for the Several Courts Seven pounds four Shillings pr annum the time to Commence the first of Jan''^' next and to Continue for three years.
James Jeffry Cler assem. In Coun Eod die
Read and Concurrd
R. Waldron Cler Con
In The house of Represen' Dec'' 17'^' 1726 Whereas His Hon'' the Lieu* Gov'' hath had the whole Goverm' as Command"' In Chief Stil continued upon him and been at Extraordinary charge and trouble,
Voted that there be paid him out of the Publick Treas- ury the Sum of one lunuV & fifty pounds for his Said Ex- traordinary care & Charges.
James Jeffry Cler assem.
1726.] JOURNAL OF GENERAL ASSEMBLY. 239
111 Conn Eod die Read and Concnrrd
R. Waldron Cler Con
Tn Conn Dec"" 17"' 1726.
Ordered tliat the Petitions of Hampton Dover Exeter Stratham and Newington be granted in Proportion as the land wiU hold out between Conlerain and the Western Bounds of the Province allowing for what lias been hereto- fore granted to Col° Allen's family New Castle & Greenland and that Charters be made out accordingly as soon as the quantity of y*' land is discovered.
R. Waldron Cler Con
[p. -125.] A ^lessage to the House by the Clerk to re- quire their attend''^ at the Council Board. The Speak"^ and House came up accordingly and the two Bills whose titles are as follow,
An Act to Settle a Fund for the Sum of four hundred and forty two pounds nine Shillings & nine pence, and
An Act In addition to an act Entituled an act to return able and Sufficient Jurors to Serve in the Several Courts of Justice and to regulate the Election of representatives to Serve in the Gen' assembly within this Province,
Being Sign'd & Seal'd His Hon'' was Pleased to Pro- rogue the Gen' assembly and accordingly they were Prorogued Til the first Tuesday In May 1727
Pro of X. Hami)^'^
At a General assembly held at Portsmouth by Prorogation Tuesday May 2'^ 1727. Present His Hon'' John Wentworth Esq Lieu* Gov'' Mark Hunking J R. Wibird )
Geo : Jaffrey \ Esq''' A Macpheadris > Esq"*
Shad"" Walton ) Joth Odiorne )
Adj*^ til tomorrow 10 a'Clock a : M :
240 PROVINCE OF NEW-HAMPSHIRE. [1727.
Met according to adj' Wednesday May 3'' 1727 Present as Before A Message to the House by the Clerk to require their attend^' at tiie Board, the Speak'' and House came up ac- cordingly to whom His Hon'' made a Speech as on (ile, of which the Speaker obtained a Copy and then he and the House w"'drew to their own room.
Adj*^ til tomorrow 10 a Clock a : m :
Qovernor''s Speech^ 3d Mai/^ 1727.
[Copied from MS. Governor's Messages, in Secretary's otRcc.]
Oentlemen^
Knowing that a long Session at this Season will not be agree- able, I shall not detaine you longer than is necessary to Despatch the business that may come before us.
Tlie Comniitte appointed to Examin tlie late Treasurer's Acco** I conclude have made preparation to lay them before us at the opening of the Session in order to have them fully adjusted.
Tlie State of her Majesties Fort William & Mary I have fre- quently laid before you. The war tliat our Xation is now Engaged in with Spaine &c. tho' it does not so nearly aftect us, yet we cant Determin Avhere it may end; I would therefore recomend to you, That you make some Provision, at least Two hundred pounds for the repaireing the Wheels & Carriages of the Guns, and the Stone work whicli is allredy begun.
Mr. Agent Xewman advises me that he hopes in a sliort time to give me a good ace' of the settle'"' of the lines, and that he has a I'aire prospect of obtaining Stores for the Foi't; and GoV Sliute As- sures me that nothing shall be wanting in him to forward the affaire.
It is higlil}^ necessary That an Act of General Assembly be made & fourthwith put in Execution obleiging all vessels to pay there powder money in powder on!}', and not in money, since the rise of gunpowder is so greate, for instead of a pound of Powder pr Tun it amounts to l)ut lialf a pound pr Tun.
There has not a pound of powder nor a sliilling in money paide nor to pay since November last; ueitlier is tliere one ship or ves- sell in the Port to pay, and unless y >u make an Act to obleige the Sloops that use the River to pay pow ler money once in a season, which can't bo tlio't a hardship, it will l_ye verry heavy on the Gov- ernm' to supply his Majesties Fort upon any Emergent Ocation.
I recomend to you unanimity & good agreem', and make no doubt l)Ut you will take effectual care for the Honourable support of this His ^Slijes'" Govennn'
J. Wextavorth. Pr>)Via--e of X. II iinps'aire. Jlay ;t' 1727.
You wiirremomljer ciUiug in £1070: IG: o, for this pVent year 1727, according to act of General Assend^ly J. W.
|[7^7.] JOURNAL OF GENERAL ASSEMBLY. 241
[p. 4i:G.] Pro of X. Ilauip
At a Getieral a,sscp.il»ly"by ailj'
tlmrsaay 4"' May, ITiIT Present, His Hon'- John Wcntwortli Esq L' Gov' Mark Hmikinii- ) R. Wihird )
Geo JaffVey ' \ Es(f^ A. ^Macplieadris [ Esq^
Shad^' WaUou ) Jotli Odiornc )
A ^Message to the Boai-d by Mess'* Gerrish and Gillman \v"' a Vote for a Coiiiniitte to view the Fort k i-cport what i'cpairs are necessary which was concurrd with — th-e Gent" 'of the Jfouso are
( Ph'.isted ( Jaffrey
Me'ss''^ \ Wig«rin of the Board Moss" | Walton
( Sanhurn ( Macphcadi'is
A Message to the Board hy Mess''^ Wigirin k Jennis w'"' tlio Jate Treas'' Penhallows ace' Settled w^^' His Exec'' as on lilc the Balh* due to th.e Province being <£llo: 8:3: — Adj'' til tomorrow 10 aClock a. m.
Pro of X. Ilanij)
At a Gen' assem. pr adj^ fryd-ay May 5* 1727. Present His [Ion"- Jolni Wentworth Esif 1/ €4.)v"- Mark Huidsiing \ R. Wil)ii'd \
Geo: Jaffrey > Esq'''* A. Mac})headris > Esq"*
Sliad^ Walton ) Joth Odiorne )
A Message to the Board by Mess"'^ Fellows k Jennis for Slew proi)ortioning the Province Tax, and the Coniniitte ■appointed to })roject the Scheme are, of the House Mess'^'' Weare Gillman Wigsin Fellows Gerrish •& Atkinson k of y' B<?ard Mess'* Hunking Jaffrey Walton Wibird ]\Iaci»hea- dris, Odiornc.
Adj'' til tomorrow 10 a'Clock a. m. 16
242 PROVINCE OF NEW-HAMPSHIRE. [i727.
Pro N. Hamp"
At a Gen' assem. by adj' Saturday May 6'*" 1T27, Present, His Hon'' John Wentworth Esq' U Gov*" Mark Hanking ^ R. Wibird ^
Geo: Jaffrey > Esq" A Macpbeadris V Esq"
Shad^ Walton ) J™ Odiorne )
A Message to the Board pr Mess" Fellows and Sanburis w"* the following vote.
In The House of Represcn* May 6, 1727. Voted That Cap^ William Fellows, Cap* Paul Gerrish & M' Eph'' Dennet be [p. 427] a Comniitte of this House tt> Joyn w"^ a Comniitte of the upper House to Examin M' Treas'' Jaffrey's ace*' and make return to the General as- sembly.
Jam'' Jeffrey Cler assem.
In Conn Eod die
Read and Concurred and Rich'^ Wibird Arch'' Macphea- dris and Joth Odiorne Esq" appointed for the Service above,
R. Waldron Cler Con
A Message to tlie Ik^ard l)y Mess""^ Gerrish & Atkinson with the following vote.
In The House of Represen' May G, 1727.
Whereas the allowance for His Hon"" tlie Lieu' Gov'' and the JMemhers of Council and asscml)ly is not sufficient to defray the Charges necessary when they attend, Voted That His Hon'' the Lieu' Gov'' be allowed twelve Shillings pr day and Each Member of the Council eight Shillings pr day and Each Member of the assem Six Shillings pr day while they shall attend and Sit in the General assembly and to be p'd out of the Publtck Treasury from time to time from and after the first day of this Present Session, and that a Certificate from the Clerk of this House of Every ]\Iembers Service with the Memliers receipt thereon Shall bo a Sufficient warr' and voucher therefor to the Treasurer
1727.] JOURNAL OF GENERAL ASSEMBLY. 243
for the payment thereof. This to Continue for three years
tt no longer.
Ja' Jefifry Cler assem
In Coun Eo*^ die Read and Concurred
R. Waldron Cler Con
Adj'' til monday next 10 a'Clock a : M :
Pro of N. Hamp'*^
At a Gen^ assem held pr adj' monday May 8"' 1727. Present. His Hon'' John Wentworth Esq-"^ L* Gov^ Mark Hunking )
Geo : Jatfrey [ Esq" R. Wil)ird ) Esq--"
Shad-'' Walton ) A M'pheadris j
A Message to the Board by CoP Davis w'^ a Vote for a Committe to Number and Count over the Bills to be burnt this Session w*^'* was Concurrd w"'
( Cap' Fellows The Gent" of the House are | M'" Dennet
( M"^ Atkinson
( Wibird of the Board Mess'"'' < Macphreadris ( Odiorne Adj'' til tomorrow 9 a'Clock a : m :
[p. 428.] Pro of N. Hamp'-"
At a Gen' assem. pr adj* tuesday May 9*^'' 1727. Present His Hon'' John Wentworth Esq 17 GoV^ Mark Hunking ^ R Wibird 1
Geo : Jaffrey > Esq'"^ A Macpheadris > Esq" Shad^ Walton ) J Odiorne )
adj'' til tomorrow 10 a Clock a : m :
244 PROVINCE OF NEW-HAMPSHIRE. [1727,
Pro of N. Hami/
Met according to atlj' Wednesday May 10"' 1727 Present as Before. Ordered that David Cargil Cyprian Jeffry Sam' Tod, Sani' Sherbnrne and John Wingate be a Coniniitte to renew or peianibnlate the line between Barrington and Rijchester and also the head line of rochester and that they mai^e re- turn of their doings therein upon oath as soon as possible and that the Charge be born by the Proprietors of Barring- ton Rochester the Batchelours & Coulerain in Equal parts or proportion
R. Waldron Cler Con.
A Message to the Board by Col" Davis w'" the following report & vote.
Pursuant to Vote of Gen^ as55eni. of May 4"' Ins* a])point- ing us a Committe for proportioning the Province rate of the Several Towns Parishes and Districts within tliis Prov- ince, We having considered the same are of opinion that in order to a more equal ascertaining the S'' Proportion that there be an Act of General Assembly requiring Every Town and District within the Province to bring into the General assembly at their Session in May next the number of ratable polls oxen Cows horses and Swine houses and lands Im- proved in l<]ach Town and a valuation of the Income of the Trade w"'in Each Town and that the Polls & Estates be assess'd according to the following Estimate.
Polls 1() years old & upw'' 100'' Income upon trade 1'' upon y'' ])''' The Trade to be sworn to If Complaint be made.
Offices 1'' upon the p''' of their Income, Ditto on houses & lands Im|»roved at 6 y""- Income deemed to be y® Value at 1'^ on y'^ p'" Every ox 4 y'" old at £4 : — Cow at 3 y""" old £2 : 10 Horse Ditto X4 : — Swine 1 y-" old £ — : IG. [p. -i21>.] Sheep free for Encouragement
1727.] JOURNAL OF GENERAL ASSEMBLY. 245
Indian and Negro Slaves ad valorem from IG to 40 years of age all which is humljly Submited, pr
Peter Weare Mark Hanking
Jii*^ Gillman Geo : Jaffrey
W. Fellows R Wibird
Theo : Atkinson A Macpheadris
In The house of represen' May 10"' 1727 Voted the above return be accepted w"' this amendment (viz) That the Single poll be rated at 60" Listed of 100*^ and that Each Town Parish and precinct within this Prov- ince be new proportioned every three years.
Jam Jetfry Cler assem In Coun Eod die Read and Concurred
R. Waldron Cler Con
Adj^ til tomorrow 9 a'Clock a: m:
Pro of N. Hamp'*^
At a Gen' assem by adj^ thursday May 11"' 1727 Present His Hon"" John Wentworth Esq L' Gov"^ ilark Hunking ) R. Wibird \
Geo Jaffrey > Esq" A Macpheadris V Esq"
Shad* Walton ) Joth Odiorne )
Adj*^ til tomorrow 10 a' Clock a, m.
Pro of N. Hamp"^
Met according to adj* fryday May 12"' 1727 Present Adj* til tomorrow 9 a Clock a. m.
24(5 PROTINCE OF NFW-HAMFSHIRE. [1727.
Pro of N. Hami/'^
At a Geu' assem by adj^ Saturday May 13"' 172T Present As Before. The Connuittc appointed to Count over the niony to be burnt this Session reported the Several Sums tliey had re- ceived and from wliom as follow [p. 430.] From M' Treas"^ Jaffrey of tlie
Tax mony ^984: 17: 10
of Ditto w'^'' he rec** of Treas'' Penhallow's
Exec^ £26: 2: 6
XlOll: — : 4 From The Grand Committe of f £15,000
pr y" hand of M^ Jaffrey £88 : 14 : 7 1-2
From y* Committe for Exch* old bills as follows
(Viz) From CoP Wear© £56: 17
Col" Hunking X15: 6
Geo: Jaffrey Esq--* £97: 1
RichMVibird Esq^'' £29: 5
CoPFlaisted £12: 19: 6
211: 8: 6 May 13^'' 1727
The foregoing report accepted by lx)th houses and y*' Committe and persons are hereby discharged of y* Sura before mention'' as respectively paid. The whole of the S** Sums being Consumed to ashes.
Jam* Jeffry Cler assem R. Waldron Cler Con A Message to the Board by Mess" Stevens &, Jennis w"' a Vote That the Town of Lond" Derry be taxed this year for the Province Tax the Sum of forty pounds and that the Treasurer Issue out his warr" accordingly.
Ja" Jeffry Cler assem May 13"^ 1727.
1727.] JOURNAL OF GENERAL ASSEMBLY. 2-17
In Coim Eod die Read and Concurr'd
R. Waldrou Cler Con
Adj** til Wednesday next 10 a' Clock a. m.
Fro of N. Ham}/*
At a Gen^ assem by adj' Wednesday May IG, 1727 Present His Hon^ John Wentworth Esq-"*^ L* Gov' Mark Hnnking \ A M'pheadris ]
Geo Jaffrey [ Esq™ Jn" Frost \ Esq"
Shad'' Walton ) Joth Odiorne )
R. Wibird Esq A Message to the Board pr Mess""^ Dennet & Sanburn w"' a Vote That the Carriages and Wheels at y*^ fort be repair'd by him or them that will do it cheapest and [p. 431] that Col° Plaisted w*'' one of the Council be a Committee to let it out and that the Stone work be deferrd for the Present May 17, 1727 Jam' Jeffrey Cler assem
In Conn Eod die Read and Concurr'd.
R. Waldron Cler Con
Adjorn'd til tomorrow 10 a'Clock a. m.
Pro of N. Hamp"^®
At a Gen' assembly by adjourn ni* thursday May 18* 1727. His Hon' John Wentworth Esq'^ L' Gov' Mark Hunking J Rich'' Wibird )
Geo : Jaffrey [ Esq" A M'j^headris [ Esq"
Shad^ Walton ) Jii'> Frost )
Joth Odiorne Esq A Message to the Board witli a Vote to Discharge Maj' Gillman (of the Cypher alias Bills to Exch^ old Broken Bills) of y'' Sum of £46 : 12 : 3
May 18, 1727 James Jefifry Cler assem
248 PROVINCE OF NE\T-HABIPSniRE. [1727,
In Coun Eoclem die Roiid and Concurr'tl
R Waldron Cler Con
A Message to tlie Board by iSP Sanburn with a Vote for ])reparing an Act for a more Effectual Supply of the Fort w"' powder which was prepared as at lai-ge may be seen by tiie tenour of the Said Bill.
A Message to the Board by M'' Atkinson & Jennis w^^ the following allowances
To Be nf Rust Benj" Akornian Stejih" Grecnleaf Cap' Hen: Sherburn Rich'' Waldron Cler Jn° Newniarcli Benj'' Rust
Sam' & J 11" Shackford — : 17 : - May 18*" 1727. Jam^ Jeffry Cler assem
In Coun Eod die Read and Concurred
R. Waldron Cler Con. Adj'' til tomorrow 10 a'Clock a. m.
|
X— : |
13 |
|
10: |
— |
|
1: |
10 |
|
3: |
1 |
|
75: |
— |
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3: |
7 |
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16: |
— |
Pro of N. llamp^*'
At a Gen' assem by adj* fry day May 19"^ 1727. Present His Hon' John Wentworth Esq''' L* Gov"- Mark ITunking J R. Wibird J
Geo : Jaffrey [ Esq" A Mcpheadris [ Esq'«
Shad^ Walton ) Jn° Frost )
Joth Odiorne Esq' [p. 432.] A Message to the Board pr M' Dennet w"' a Yote for Signing nine hundred pounds of the mony last Imprint- ed and putting it into the Treasury for the paym' of the allowances made by the General Assembly. May 19"' 1727. Jam' Jetfry Cler assem
1727.] JOURNAL OF GENERAL ASSEMBLY. 2-19
In Couu' Eud die
Read and Concun-ed.
R. Waldron Cler Con
A Message to the Board by Mess''* Fellows & Stevens w"* a Vote Tliat M'' Trcasu'^ Jaffrey receive from the Exec'' of the late M'' Treas'' Penhallow the Ballance of his acc^^ and also two hund'' forty Seven pounds 9s 3-4 mony that was put into the hands of the Said late Treasurer for Excli^ old Bills
May 19"' 1727 Jam^ Jeftry Cler asseni
In Conn Eud die Read and Concurr'd
R. Waldi-on Cler Con
A Message to the House hy the Cler w"' a Vote w*-"'' was concurrd with & is as follows
In Coun May 10"^ 1727.
Voted That Geo Jatfrey and Rich'' Wil)ird Es(j'''' he a Comitte from the Board to Joyn w"' Such as may be Chosen by the House to thank M"" Agent Newman In liohalf of the General Assembly for his favour and Service hitherto done for this Province and to answer his late letters and give him any further Instructions & directions that may be ne- cessary relating to the Settlement of the Pi-ovince line and further to desii-e him to make all possible remonstrance ag^' having any recommend* or dii-ection Sent to this Govermen' to Settle a Salary on a Command'' in (Miief if any such de- sign Should boon foot. This Province being ever crami)'d by the Ind" war being all frontier, and yet ever cheerfnll in Making an Hon'''*' allowance for the Snpport of His Maj'"* Goverment here even nnich l)eyond Its capacity and the Same good Inclinations & loyal disposition Stil Continuing In all His Maj^'^'* Untifnll Subjects liere, and that the Treas'' be directed to procure a bill of Exclr' of lifty pounds Ster- ling for the S'd agent to enable to pass thro tlie further busyness of this Province.
R. Waldron Cler Con
250
PROVINCE OF NEW-HAMPSHIRE.
[1727.
[p. 433.] Ill The House of Represent
The above Vote read and Concurr'd and Cap' W"" Fel- lows and INP Atkinson appointed of the Comitte of this House to Joyn w'" y*" Gent" above for y*" ends aforesaid.
Theo Atkinson Cler }>ro Tenip° Adj'' til tomorrow 10 a'Clock a. m.
Tro: N. Hamj/^
At a Gen' assem by adj'
Saturday May 20"' 1727. Present His Hon-" John Wentworth Esq''' L' Gov"- Mark Hunking "j R. Wibird ^
Geo Jaffrey > Esq" A Maci)headris > Esq""®
Shad^' Walton ) Jn" Frost )
Joth Odiorne Esq'*^ A Message to the Board by Mess'* Fellows & Jennis w"' y'' lollowing allowances (Viz)
To Be nj^' Rust X 6: 4:9
Benj'' Gambling Esq'"' Sam' Sherburn, Smith Jn" Cut Jn" Griffiths
Pass'd in the House May 20"> 1727.
Jam* Jeffry Cler assem In Conn Eod die Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Mess""* Wiggin <fc Gil man w"* a Vote for preparing a Bill for Striking two thous'^ pounds w"^ was Concurr'd w"' and a Bill order'd to be prcpar'd forth^^'"'.
A Message to the House by the Cler. w"' a Vote for a
X 6 X15 X 2
X — X 1
18
10
5
1727.] JOURNAL OF GENERAL ASSEMBLY. 251
Committe to prepare for Gov'' Shutes reception y^"^ was Concurr'd. The Gent" appointed by the Board are
Mess" \ f i^J^'^^l & of the House Mess" j ^^P?,l^,,,„ ( & Wibird I dc Atkinson
A Message to the House by the Cler w"' a Vote appoint- ing M"^ Atkinson receiver of y® })owd' Duty w"^'' was Con- currd with.
A Message to the Board by Mess" Stevens & Jennis with the following Vote
[p. 434.] Voted In the House of Represent May 20"> 1727
"Whereas His Hon' the Lieu' Gov"" hath had the whole Goverment Stil Continued upon him as Command'' In Chief Voted That he be presented with & paid out of the Treas- ury the Sum of one hundred pounds as Command"" In Chief and for his Extraordinary Services done the good people and Inhabitants of this Province that he be presented w^^ and paid out of the treasury the Sum of forty pounds more.
Jam* Jeffry Cler assem.
In Coun Eod die Read and Concurr'd.
Rich'' Waldron Cler Con
A Message to the Board by M"" Fellows w**" M"" Treas"" Jaffrys Gen. ace* Curr* w"" the auditors report & represen* vote of allowance thereon Except the articles of Commis- sion for receiving & paying mony w*^'' vote was concurr'd
The House of Represent being sent for attended at the Board when & where the Bills whose titles are as follows.
(Viz) 1 An Act for Impressing two thousand pounds bills of Credit on the Province of New Hamp"^"
An Act for the Supplying more Effectually Fort William & Mary with Powder.
Being Sign'd & Seald in their Presence The Gen' assem was
9.'>-^
PROVINCE OF NEW-HAMPSHIRE. [1727.
Prorogued til tuesday 20"' June
Next.
Further Prorogued til
20"' July next
Pro : of N. Hamp
At a Special Session of the Gen^ assem
on tuesday 27: June 1727. Present. His Hon'' John Wentworth Esq''' L' Gov^ Mark Hunking ^ Rich'' Wibird \
Geo Jaffrey > Esq^® A Mcphcadris > Esq"'*
Shad'* Walton ) Joth Odiorne )
A Message to the House by the Clerk to require their at- tend** at the Conn Board, the Speaker and House came up accordingly.
[p. 435.] Then His Hon"" acquainted them of the occa- sion of his calling them together (viz) That the Lieu' Gov"^ of the Mass'* was going Eastward to treat w'^ Two Tribes of Indians that were not Included in y'' pacification made at Falm° last year and that he esteem'd it of the last Con- sequence for this Goverment to Joyn in the affair. Then the Speak'' and House w"'drew.
A Message to the Board by Mess''^ Tibbits and Sanburn, with a Vote that Josiah Ned a Cape Indian and Souldier in the pay of this Goverment in y* Canada Expedition have the Gun deliver'd him that was then Given him.
Jam^ Jeffry Cler assem June 27, 1727.
In Coun Eod die
Read and Concurr'd Rich'' Waldron Cler Con
By The same Message a Vote desiring His Hon"" to Com-
missionate one or More Meet Persons to Joyn w"' the Mass*
In behalf of this Goverm' In treating w"' y'' Indians &c*
17-27.] JOURXAL OF GICN'ERAL ASSKMCLY. 2o3
w*"' was rctui-ird hv Geo Jaffrey it H. Wibird Esq'" to be reconsidered.
Adi'' til tomorrnw 10 a'Clock a. m.
Pro of X. llanip"
At a Gen' asseni l)y adj' Wednesday June 28"' 1727. Present. His Hon'- John Wentworth Esq L' Gov' ^fark Hunking ) R. Wil)ird )
Geo JaftVey > Esq''' A ]\Ici>headris > Esq""*
Shad"'^ W^alton ) Joth Odiorne )
A Message to the Board by Mess"'^ Wiggin Dennet Ste- vens and San'ourn with tlie following votes.
In The House of repi-esen' June 28"' 1727. Voted That It is our advice that His Hon'' take two of y" Conn, and one of this House as shall be by them ap- pointed w"' him to Caseo Bay or Elsewliere to ratifie and make any Peace he Siiall think fit and that the Treasurers Snpply him with what inony or necessarys he Shall think fit for that affair and that he make a present to y* Ind"^ of ab' c£2o and that His Hon"" be desii-ed to l)e as frugal as may ba Consistant w"' the Hon'' of the Governicnt in this affair. Jam'" .Jcffry Cler assem.
In Coun Eod die Read and Concnrr'd
R. Waldron Cler Con
[p. 4-S(j.] W Atkinson wns apjioinicd by the House and Mess'''' Jaffrey Walton and Wibird by the Board to wait on His Hon'' Eastw''.
Jam" Jeffry Cler assem R. Waldron Cler Con. In The Honse of Rej)resen' Jniie 28, 1727 Toted Tbat There be two hundred pounds of tlie money In the Committes hands SignM olf and put into Mie Treas-
254 PROVINCE OF NEW-HAMPSHIRE. [1727,
ury for defraying the present charges in going to Casco to
meet the Indians.
Jani^ Jeffrey Cler : assem
In Coun Eod die Read and Concnrred
R. Wahlron Cler Con Prorogation Continued til 20'" July Next.
Further Prorogued til
20'" August Next
Further til 30'" August Instant.
Of the Treaty at Casco, 1727.
"Prov, of iSTew Hanpsliire.
"Tuesday, June the 27th, 1727. The House met by an especial order from the Liu't Gov'r, &c.
A message from the Board that it was his Hon'rs pleasure yt the house attend him at the Board. The House went up, and the Liu't Governor made a speech which was: yt he had rec'd a letter from Liu't Gov'r Dumer that came from the three Indian tribes that had not come into the former peace made with the Penobscot Tribe: and that he intended to meet them ye lOtli July at Falmouth and desired his company: a copy of the Letter and ilr. Dumer's Letter was sent down. • Eod'm die. In the House of Eepresentatives.
Tlie question being put whetlier this Goverment shall send to ratifie the Peace with those three tribes that hath now sent and are waiting at Tirionet, it passed in the affirmative.
Yoted, that this Province send to Casco to ratify the peace with the three Tribes of Indians now on Ivennebeck river in the man-- ner as don with the Penobscut."
Wednesday, June tlie 28th. In the House of Eepresentatives. "Voted, that his Ilon'r the Liu't Governor be desired to commis- sionate one pson or more, as his hon'r sliall think convenient, to goe to Casco to treat witli tlie Indians there, with power to ratifie the Peace already made with the Penobscut tribe and to make peace witli any otlier Tril)e with whom we are at warr.
Eod'm die. A message was sent down with the above voat by Geo Jatfrey, Esq'r to be reconsidered."
''An addition to the Governor's Speech was sent down, viz.
"Gent. The vote you sent up desiring me to appoint Comiss'rs
1727.J JOURNAL OF GENERAL ASSEMBLY. 255
to represent this Goverment for the makeing peace with the tliree Tribes now waiting at the Eastward for our answer, I can by no means adliere to: It being inconsistent with the hon'r of this his Maj'ties Governi't so to do; therefore I advise you to reconsider VourA'ote: We have now an op'tunity to make an hon'ble and lasting peace witli those Indians that have so offten laid Avast our dwelling places and cruelly murdered many of our friends and neighbors: Avhich I think cannot be forgotten by us: more especi- ally you that live on our frontiers. It lies entirely with you Gent, of the house of Represent, this Board being all of opinion that it's highly reasonable and necessary that wee imbrace the season. Let us prefer ye peace, quiet, good settlement of our country and lives of our friends before money; for I find there the matter sticks.
J, WENTWORTII."
''Eod'ra die. In the House of Representatives.
Voted, that it is our advice that his Hon'r take two of the Conn- cill and one of the House (as shall be by them appointed) with him to Casco Bay or elsewhere; there to ratify and make any peace he shall think tit: and that the Treasurer supply him with what money or necessaries he shall think fit for that aftaire, and that he make a present to Indians of 201. and that his Hon'r be desired to be as frugall as may be consistent with the hon'r of the Goverm't in this aftaire.
Eod'm die. A message from the Board p. Geo. Jaffre}', Esq"r that the above vote was approved oft': only that the psent to the Indians of 20?. was too little: In the House it was amended and made about 261. and sent up by the same messenger.
Voted, that Mr. Theo. Atkmson be appointed from this House to goe AVith his Hon'r the Li'ut Governor to Casco or elsewhere to ratify and make peace with the Indians,
Eod'm die. A message from the Board yt ye aboA'e voates Avas concur'd and yt Sha. Walton, Geo. Jatfrey and R. Wibird, Esqr's were appointed at ye Board.
Eod'm die. In the House.
Voted, that there be two hundred pounds of the mone}^ in the Committees hands noAV signd oft' and ])ut into the Treasury for the defraying the psent charges in going to Casco to meet tlie Indians.
A messa. from the Board p. Sha. Walton, ai'm. and the Clerk that the above voat was concurd with."
Assembly liecords.
Indian Articles of Peace., July 25, 1727.
[From the original on Parchment.]
Bij Ihe Parties to these Articles.
The folloAving Article is unanimously and reciprocally agreed upon for the more eflectually preserviiig The Peace, that if any Hostility shall be CommittiMi or oftred to be committed by any Indians on any of the English su])jects. The Tribes Avho have en- tred into and Ratified tlie Peace Shall furnish and Supply ffifty
2*0 IPROVINCE OP NKW-HAMPSHIRE. [1727.
Tu litns with a Captain of their own and the English Two hundred iind fi ty and So in Proportion, A Greater or Lesser Number as O-cMsion shall Require. The forces to be paid and subsisted by K a dish, and under ye Conduct of such a General Otlicer as the Eir.dish Governour may judge proper — to pursue such refractory Imlims, Either by Sea or Land and Compell them to live peace- al)ly with their Neighljours. And if nny Other Tribes of Indians siiall make Warr upon any of the Tribes now Entred into the Peace, In Such Case the English shall assist Them at their own C >st and Charge withe the Like Proportion of men as may be NecessTrV.
DONE at the Conference at Casco bay, This Twenty-fifth Day of Jnlv in the Tliirteenth Year of the Reigne of Our Sovereigne Lol'd King George Annoq. Domini 1727.
J. WENTWORTH.
N itlil Paine. Jer. Moulton
Tliomas Berry Richard Bourne
John Quincy Stephen Minot
Samuel Wiliard Job Lewis
Joseph "White John Smith
Stepn. Eastwickc Tho. Smith
Jiisoph Bane Josepli Heath
Jo'an Alden Henry Phillips
Peter Weare Jno. Fitch
Amos [illegible] Cyprian Jeftry
Johnson Harmon Sam. Jordan
Edward Shove iTohn Gyles
Arrcsagontacook.
Ai-comowet X his mark [l. s.] Saroom x for Amresscoggin [L. S.] Bauguaret x Nathaniel [l. s.] Joseph x xadewwando: son
nia [l. s.]
Scauiiwass [l. s.] Muguaandook x [l. s.]
Paucuuiiumba x met: [l. s.] Sabatist,s x [l. s.]
Waicecnock.
"Wassylssonon x bonett his mark [l. s.] Namayeen x [l. s.] Sriwerramett x [l. s.] Moxus x of Neridgwook [l. S.]
Wawoora x of Neridgwock [l. s.] Neridgwook x [l. S.]
John X Hegon [l^s.] Moress x [l. s.]
Erremaumctt x Penobscut [l. s.] [r>. s.]
Kcrkhjicooh
Saoss:H/k X 2d Clueti" [l. s.] Nausjus x canwcl aUas
Capt. John [L. s.] Conuwasg x [l. s.] ^ladocawando x [l. S.]
Ogexan(h) x [l. s.] Edauweno x [l. s.]
Erremenissa x Jno. Ilegoiiston [l. s.]
1727,] JOURNAL OP GENERAL ASSEMBLY. 257
Poiohscut
Bauterramcw x Secretary [l. s.] Transwacksuce x
Jiuls Sovoustou [l. s.]
Au2;usteen x [L. s.] Adawaukenht x [l. s.]
Victor X [r.. s.] Acteon x [l. s.j
tTmbrooses X [l. s.] Toman x [l. S.]
Pauterramett x JL. s.] Wamino x wett [l. s.j
Espegueret x [l. s.] Saguaroom x Lorou [l. s.]
Squadook x alias Luce [l. s.] Cezar x Moxus [l. s.]
A^yere x mett [l. s.] Joseph x [l. S.]
Stonesseress x [l. s.] Pequcsserss x Swan [L. s.]
Transsuack x Savern [l. s.] Ilenquid x {i.. s.] Arexes x [l. s.] .
The within written Artich'S Stipulated and agreed on, a>5 within mentioned, by the within named delegates, (Viz.) Saguaram, alias Lorou, Arexes, Francois Xavier and Maganumber, being distinctly read over and faithfully interpreted to us yesterday at a Public Conference, and by us well understood and having fully and ma- turely considered tlie same. We underwritten, (Viz.) Moxus chieft" Sachem and Sagamore of the Xeridgwock Tribe and Soossauck, id chietf of said Tribe, Together with the underwritten Clneffs and others of the said Tribe, for ourselves and in behalf of the Otlier Tribes, Auyamuiuet Captain and Counsellour of the Arresagonta- cook Tril)e, in his Brotlu-r's absence, together with the underwrit- ten Chieffs and others of the said Tril)e. for ourselves and in behalf of tlie other tribes, Xemniagen and Watzarral)oonett, Captains and Connsellours Two of the Chieffs of the Wawenock Tribes delegated by them Accompanied by Awennnonett the Chief Sachem's Son, together with the underwritten Chiefs others of tlie said T)-ibe for ourselves and in behalf of the other Trilies.
Do by these presents in a Pul)lick and solemn manner, (The Pe- nobscut Tribe being present) for our several Tribes Respectively Approve Consent to and liatitie all and singular the said Articles; and all and each of them to all intents and purposes shall be and aljide good, valid and binding upon us and our heirs and successors respectively for ever.
Done at Falmouth, in Casco bay this Twenty-tirst day of July in the Thirteenth year of ye reigne "of our Rightfull Sovereign King George, Ainioq. Domini one thousand seven hundred and t'wenty seven.
Wot':e)rock Tribe-.
Wooftsaurrahoouet x his mark (u 8.) Waherramet x Ids
mark (L. s.) NTemadgeen x his mark (l. s.) Paleppamet x Lis mark (l. s.) Sauwarramett x his mark (l. s.) Quino(*ise x his mark (l. s.) 17
258 PROVINCE OF NEW-HAMPSHIRE. [1727.
Arresagon tacook Tribe.
Auyomowet x his mark (l,. .s.) Parresonook x his mark (l. s.)
Loi-iii X his mark (l. s.) Backpaunumbaiimett x his mark (l. s.)
Saubabizt x liis mark (l. s.) Stzabaucaum x his mark (l. s.)
Maijauwondoeek x (l. s.) Scauiiwoss nite (l. s.)
Squadlike x (l. s.) IJauirualiaret x Nathaniel (l. s.)
Sauroom x (l. s.) Erremauessek x (l. s.)
Showasseen x (L. 8.) Fraussoway x -(l. s.) Sussack X Son of Beauando (l. s.)
ISferidjicoek.
Moxus X C'hieff (l. s.) Soopausitck x 21 Chieflf (l. S.)
ISTagiscoig x alias Cajjt. John (l. s.) Suequautoemoug x (l. s.) Pum x son to Tenamaugus (l. s.) Wawoorna x (l. s.)
Edauwena x (l, s.) MadcK'kawando x (l. s.)
Mendowet x (l, s.) Wawwheret x (l. s.)
Signed sealed and delivered in presence of us^ Stepn. Estwicke John Quincy
Edvv. Shove Job Lewis
Jer. Moulton John Smith
Jno. Fitch Cyprian Jetfry
Stephen Minot Joseph Heath
Wm. Brattle Steph. Greenleaf
Thomas Berx-y Peter Weare
John Pitts Jolin Gyles
Theodore Atkinson, Cler. Con.
Pro of N. Hami/^
At a Gen' assera by prorog' August 30"^ 1727 Present His Hou^ John Wentworth Esq'" L' Gov' Mark II unking ] R. Wibird j
Geo: Jaffrey > Esq" A Macpheadris > Esq"*
Shad^ Walton ) Jotli Odiorne )
A jMessago to the House by the Cler Con w"' a Vote for an Address of Condolence & Congratulation to His Maj"' King George 2*^ & for a Committe to draught the Same viz Mess'^ Jaffrey and Wibird from the Board.
Aug^' 80'" 1727 R. Waldron Cler Con
Eod die Concurrd and Mess'* Fellows and Atkinson appointed by
the House for the Service above.
J^ Jeffry Cler assem
L727.] JOURNAL OF GENERAL ASSEMBLY. 259
The Committe Prepared and presented a Draught of an address w'^'^ was accepted a Copy vrhereof is on file
A Message to the Board by And'"' Wiggin Esq''" w'^ a Vote That Benj^ Follet keep a publick House In his dwell- ing house in Streatham for one year.
Aug'^' 80^'" 1727. J' Jeffry Cler assem
In Coun Eod die
Concurrd. R. Waldron Cler Con.
[p. 437.] A Message to the Board w"' a Vote That M^ rreas"" receive from Maj'' Oilman and M'' Atkinson the Sum they rec'' for the old Prison.
Ja' Jeffry Cler assem
In Coun Eod die
Read and Concurr'd R, Waldron Cler Con
Prorogued til
14 Nov 1727.
Pro : of N. Hamp""*
At a Gen' assem by Prorogation tuesday O^-- 14 : 1727. Present, His Hon"- John Wentwortli Esq L* Gov-^ Mark Hunking ) R. Wibird )
Geo Jaffrev [ Esq^^ Jn° Frost [ Esq'"'*
Shad'' Wafton ) Joth Odiorne )
Prorogued til 21«' Instant.
Pro of N. Hamp"^
At a Gen' assem. by Prorog* tuesday 21" Nov' 1727. Present His Hon' John Wentworth Esq L* GoV Mark Hunking ) p „ Shad'' Walton | -c- rs
Geo Jaffrey j ^^^ Rich*^ Wibird \ ^^^
A Message to the House to require their attendance at
230 PROVINCE OF NEW-HAMPSHIRE. [1727.
the Council Board The Speaker and House came up accord- ingly and Then His Hon'' was Pleased to Dissolve the Gen- eral assem. and accordingly they were
Dissolved.
In Conn. Ordered That The Clerk forth""' Prepare a Precept In the name of His ^laj''® King George the Second for calling a New assem to meet and Sit on Wednesday the thirteenth day of Dec'' next at Portsm" & So dc die in diem &c
[p. 438.] Pro N. Hamp^«
At a General assembly held at Portsmouth on Wednes- day Dec'' lo*'" being the first Session 1727 Present His Hon"" John Wentworth Esq L' GoV
Geo Jafifrey ) A Mc pheadris )
Shad'^ Walton [ Esq""" Jn" Frost V Esq"
Rich^' Wibird ) Joth Odiorne )
The High Sherriff made return of the Precept directed to him for calling a New assem w"' the Names of the Per- sons Elected & Deputed to Serve in the Said assem En- dorsed on the Said Precept which are as follow Cap' Geo Walker ) M^ Eplv'^ Den net | for Portsm"* Benj-'* Gambling )
Cap* Josh^' Wingatc ) .y , TVfr T 0 v 1 Hami)ton
Ar Jn° banburne \ '
Nath' Weare Esq""^ Hampton Falls.
Sam' Thing Esq--^' } ,.
W Bart"' thing ] ^^^^^^
Cap* Sam' Tibbits )
Cap' Paul Gerrish ^ Dover
M"- Jn° Smith )
]\P Theo Atkinson ) x- r, ,, p t> n/ir T>- 1 d T • i ^- Castle & lire M^ Kiclr Jennis
1727.] JOURNAL OF GENERAL ASSEMBLY. 201
Cap' Jn" Kniglit, Newing'l"ou
Cap' And"' Wiggin, Streath"
M"" Eben Stevens, Kingst"
Jam, McKeen Esq""® Lond° Deny Mess" Jaffi-ey Frost & Cler Con were sent down to ad- minister the oaths required by Act of Parliament to l)e talcen by the persons above mention'd to qualifie them ibr acting as an assembly which was done accordingly and they were directed to proceed to the Choice of a Speaks
A Message to the Board by Mass" Atkinson & Sanbnrne to acquaint His Hou"^ that the House had chosen Nath' Weare Esq''° for their Speak'' which His Hon'" was pleased to approve.
A Message to the House by the Cler : to require their attend''' at the Board. The Speak'' and House came up ac- cordingly. Then His Hon' made a Speech of which The Speak'' obtained a Copy & He and the House withdrew, the Speech is as follows.
[p. 439.] Gentii.
You are all Sensible that this assembly is callVl by the Px'ecept of His Most sacred Majestie King Cleorge the second tlie Gentle administration of whose Govenn' we hope to partake of in this part of His Dominions,
And as this Province has on all occasions distinguislrd them- selves in their loyalty and obedience So I persuade myself you will now take all opportunities and Esteem it your duty to encour- age obedience to His Majestic instil Principles of unfeigu'd loyalty and affection to His Person and to His Illustrious Family in Par- ticular and to His Goverment in General in the Several Towns you respectively represent.
You will at all times Chearfully receive His royal Commands and w*'' equal Pleasure enter on y"" Execution of them which will Farther recconnnend you to His Maj""^^ most gracious favour and protection.
The Pul)lick Concerns you will give the needfull dispatches to and the making suitable Provision for the support of this His Maj"'*^ Goverm' with what I have before recommended will fully answer my Expectations of you and deserve my hearty thanks.
By lett"* from England I have the Confirmation of' His Excel- lency W'" Burnet Esq'^'' being appointed by His Majestie Gov"" of this 'His Maj"^^ Province of Xew Hamp™ etc He "is a Gent" of known worth and has Justly obtain'd a universal rcijard from all that had y" Hon'' to be und"" his (roverment and will make us a
2G2 PROVINCE OF NEW-IIAMPSHIRE. [1727.
Iiappy People when he arrives here if we are not wanting in pay- ing that respect wliieh his Charicter So Jnstly deserves.
J. Wentworth. Adj^' til Tomorrow 10 aClock A. M.
Pro : of N. Plamp™
At a Gen' assem held at Portsm** byadj'DeC^H, 1727. Present His Hon' John Wentworth Esq'^ L* Gov"" Geo Jaffrey j A M'^pheadris )
Shad-'' Walton [ Esq™ Jn° Frost [ Esq"
R. Wibird ) Joth Odiorne )
[p. 440.] A Message to the House w'^ a Vote of Coun for a Comraitte to prepare a bill for an additional Clause to y® Act ab' Marriages births and burials Sent back non- con curr'd.
A Message to the House by the Cler w"' the Petition of Edw*^ Hall and others }»raying for a Parish in the North part of Exeter for the reasons Set forth and a Vote of Coun thereon w*''' was return'd pr Mess""^ Jennis & Sanburn Con- curr'd w*^ the Petition is on file and the vote as follows. In Coun Dec'- 14*" 1727. Voted That the prayer of the Petition be Granted and that the Petitioners have liberty to bring in a bill accord- ingly and that the name of the Parish be Newmark'
R. Waldron Cler Con
In The House of Represen' Eod die Read and Concurred.
J Jeffry Cler as?em.
Adj'^ til tomorrow 10 a'clock a. m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 263
Tro : of X. Haiiii/*
At a Geii^ assem by adj' fi-yday Dec-- l-'V" 1727. Present His Uon' John Weutworth Esq"* L^ Gov'' Geo JalTiev ^ A ]\[acplicadris \
Shad-'' Walton [ Esq"^* Jn" Frost [ Esq'^
R. Wibird ) Joth Odiorne )
A Message to the Board pr Mess"^* Wiggin Walker and Dennet with a vote for a triennial Choice of assem men To which his Hon'" answered by Mess""^ Jaffrey and that the S** Vote Should be Considered tomorrow.
Adj'' til tomorrow 10 a'clock a. m.
Pro of X. Hamp'"®
At a Gen' assembly by adj' Saturday Dec'^ 16"^ 1727. Present His Hon'" John Wentworth Esq'" L' Gov^ Geo Jaffrey ^ A Macpheadris j
Shad* Walton [ Esq" Jn" Frost [ Esq'"^
Rich'' Wibird ) Joth Odiorne )
[p. 441.] A Message to the House by Mess"" Jatfrey & Frost w^'' the Vote of the House Sent up yesterday for a triennial choice of assem men and to acquaint them that the Lieut Gov'^ was disposed to gratifie them in regard to that matter so far as he might with Safety and to desire them to consider how he might oblige them since there was an act to that purpose already pass'd w"' a Saving Clause and Sent home for the royal approbation.
Adj'' til tuesday next at noon.
£(34 PROVINCE OF NEW-IIAMPSHIBE. [17i7.
Pro X. lliiai[/'*
At a Geii" asseiu l)y adj'-
tucsday Dec'- I'j'^ 1727. rresent His Hon"" John Weutsvorth Esq" L' Oov^ CeoJaiiVey ) Jn° Frost )
Ricli" WilArd [ Esq'* Joth Odionie [ Esq'*
A Macplieadris ) Sha Walton )
A Mes&age to the Board by W Atkinson to desire to be Inforni'd what M'' agent Newman had done in regard to the triennial aet Sent home for y° Royal allowance His Hon"^ answered that he would Examine His lett'"* and give the House an answer tomorrow.
By The Same Message the representatives answ'' to the L* Gov'* Speech as follows —
3{a)j It Fkdse Yor Honr
You wa8 Plea-sed to remind us that this assem. is Calld by the Precept of his Most Sacred Majesty Kinp^ George the Second, and have also Commended this Province for their former Loyalty and ol)edience and tliat you recommend tlie same principally to us. We desire to return to Almighty God the Praises due to his Name by whom It is that Kings reign that he hath been pleased so gra- ciously to Bless y*' English Xalion and protestant Interest as to Set a Prince of Such royal Endowm'* as King George the Second is ui)on the British Throne, And we take great Pleasure in Assuring ourselves that Ave liy the Good providence of God shall be Sharers in So great a blessing as to be under the Goverment of so noble a Prince and Shall at all times manifest our loyalty and obedience, to his royal Couiauds as good Subjects and Depend upon being pro- t-ected by him.
[r. 4:J:2.] As for the atfairs of this Sessions we Shall make ali the Dispatches the Concerns thereof will admit of, as for the Sup- port of the Goverment of this Province we have always Exerted ourselves to the utmost of our ability and considering the Extream Scarcity of mony and the many ditticultys we labour und'' we hope we Shall retain our former Character.
Your Hon'' was pleased to Inform us That His Excellency Wil- liam Burnet Escf'^ is Expected to l)e our Governour, and if by the Providence of God he shall arrive here w* a Commission to be Governour We Shall i)ay him all regards due to a Conunand'' In chief. " iSfath' Weare Speak^
Adj'' til tomorrow 10 a' Clock a.m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 265
Pro of X. Hainp
At a Gen' asseui by adj' Wednesday Dec-- 20'" 1727 Present Uis Hon' John AVcntwortli Esq"" L' Gov' Geo Jaifrey ) Arch Macplicadris } ^ ,.,
Shad'^ Wafton [ Esq''^ Juth Odiorne \ ^^^
Rich-' Wihird ) A Message to the Board in writhig pr Mess""^ Sanbiirn and Thuig being tlie opinion of the House in relation to tiie Passing an x\.ct for a triennial Clioice of asseni men w''" was returned pr Mess""* Jaffrcy and Wibird fur further con- sideration wlio were directed to Signilie to the House that the Board would also Consider furtiier of their desire. Adj'' til tomorrow 10 a'Clock a. m.
Pro of X. Hamp"=
At a Gen' assem by adj' thursday Dec'' 21''' 1727. Present His Hon"' Joliu Wentworth Esq''^ L' Gov-" Geo Jattrey \ A Macj;lieadris )
Shad^ Wafton [ Esif* Jn" Fi-ost [ Es(f^
II. Wibird ) Joth Odiorne )
A Message to the Board w"' a Vote of tlie House rccoji- sidered and Corrected In ]-e]ation to a triennial Choice of assemlily men w*^^'' is as follows
[p. 44o.] Whei'cas It is the uni\TM>al ami I"]arncst de- sire of His Majes'"'^ good Subjects within This I'rovince to have a triennial choice of assem men which is in itself most reasonable and not onely consonant to the use and Custom of Great Britain but in Effect a com|ilyance w"' His late Maj'"'^ royal Mind wlio has in Exj)ress words by Gov"" Shutes Commission Comanded that the laws Statues and ordinances of this Province be not repugnant to liut as near as may be to the laws and Statues of the Kingdom of
266 PROVINCE OF NEW-HAMPSHIRE. [1727.
Great Britain Wliereby the Constitution and Statues of the S'' Kingdom no Parliament can continue and be longer than three years Therefore — Voted That there be an act drawn up tliat no assem or lower house of represent of this Province whatsoever shall have any Continuance longer than for three years onely at the furthest to be accounted from the day on which by the writ they are appointed to meet : and that this assembly shall cease on the thirteenth day of Dec' 1730 unless the Command'' In Chief for the time being think fit to Dissolve it sooner and that there Shall be fifteen days at least between the date of the writ for Electing them and the day of their being chosen and that y^ Notifi- cations for calling the meetings for the Several Choices in Each respective Town and precinct that a representative is to be chosen in Stand up two Publick days at least before the day of Election of Such represent unless it be upon Extraordinary Emergencies.
Doc'' 15, 17-7. James Jeffry Cier Assem.
In Conn Eod die
The above vote and the Sundry Messages relating thereto having been duly considered Voted a Concurrence there^"^ and Geo Jaffrey Shad'^ Walton and Jn" Frost Esq''' appointed to prepare the Bill according.
Pass'd Nemine Contradicente
R. Waldron Cler Con In The House Eod die
Mess"''^ Gambling Wiggin & Dennet appointed for the Service above.
Jam® Jeffry Cler assem
Adj'' till tomorrow 10 a'Clock a. m.
1727.] JOURNAL OF GENERAL ASSEMBLY. 267
[p. 444.] Pro : of N. Hamp"
At a Gen' assembly at Portsni" by adjournment fryday Dec"" 22*^ 1727 Present His Hon-^ Jn° Wentworth Esq"^^ Lieut Gov"" Geo Jaffi-ey Shad--^ Walton, Rich<i Wibird, Arch*^ Mac- pheadris, John Frost, Jotli Odiorne Esq''^
A Message to the Board by Mess''^ Tibbits and Thing w^^ a Vote ab' Marriages births and burials which was rejected & sent back
A Message to the Board by M"" M'^Keen with the follow- ing Vote (Entered in to morrows minutes.)
Adjourn'd til tomorrow 10 a'Clock A. M.
Pro of N. Hamp"
At a Gen' asscm. held at Portsm° l)y adjournment Saturday Dec^' 23'' 1727. Present. His Hon-" John Wentworth Esq L' Gov-" Geo Jaffrey \ A M'^pheadris )
Shad^ Walton \ Esq" Jn'' Frost \ Esq''^
Rich'i Wibird ) Joth Odiorne )
A Message to the Board by Mess""^ Winget ct Knight witli the following Vote.
In The House of Represen' Dec'- 22'' 1727. Voted That Benj^ Gambling Esq and M"" Eplr' Dennet for the Town of Portsm" Sam' Thing Esq and M'" Barth" Thing for the Town of Exeter, M"" Speaker Weare and Cap' Josir* Winget for the Town of Hampton be a Committe from this House to joyn with Sucli as Shall be appointed ))y the upper House to go to the Trustees that are in Each of tlic re- spective Towns al)ovesaid that had part of the five thousand three hundred and Eighty four pounds new bills for Ex- changing the old Cypher bills, and Examine what has been brot into the assemblv and burnt, and to see and tell over
263 PROVINCE OF NEW-HAMPSHIRE. [1727..
wliat tliey and eacli of thciii have in their hands and make retnrn to the assembly as soun as conveniently [p. 44.').] they can and also that the Plates that are in the hands of Col" John Plaisted 1)C now pnt into the hands of Benj^ Gambling Esq. and that the Said Gambluisi; and Den net are hereby directed to take said Plates.
Jam Jeffry Cler assem In Conn Dec'" 23^ Read and Concurred and the Examination of the Trnst- ees as above left to the Gent" above mentioned.
R. Waldron Cler Con James M°Keen Esq''^ brot up the following Vote In The House of Represen' Dec'-23''1731-[27?] Ordered upon the Motion of James M° Keen Esq and Considering the Infancy of the Town of London Dei'ry Pro- vided they keep two Schools for writing and reading in Said Town that they be Exempted from the Penaltys in the laws of this Province relating to Gramar Schools for one year now next ensuing and to Commence from their annual meeting in March next and all Courts that have au- thority in that affair are to take notice of this order and conform according to it. Jam^ Jeffry Cler assem
In Coun Eodem die Read and Concurred with this amendment namely that the Town of London Deny be Exempt two years instead of one and that the Said Town be obliged to maintain two writing and Reading Schools at least in the mean time.
R Waldron Cler Con In the House of Represen* Eod die. Read and Concurr'd with the amendmen'
Jam Jeffry Cler assem. Adjourned Til tuesday the second January next At noon.
1728.] JOURNAL OF GKXKRAL ASSKMHLY. £C9
[['. 440.] Pro X. Hainp"
At a General assembly held at Portsmouth by adj' Tuesday Jan^^' 2^* 1727. Present Elis Hon'- John Wentworth Esq L' GoV Mark Hunking- \ John Frost ^
Geo Jatfrev ' > Esq" Joth Odiorne [ Esq""'
Pvich'^ Wibird ) A Mcpheadris )
Ad)ourn''d til tomorrow 10 a'Clock A. M.
Pro of X. Hamp'*^
At a General Assembly held at Portsmouth by adjournm* Wednesday Jan"'-" S*^ 1727-8. Present His Hon'' John Wentworth Esq L* Gov'' Mark Hunking ) Rich'^ Wibird )
Geo JaftVey [ Esq"'* Arch'' M^'pheadris V Esq" Shad'' Walton ) Joth Odiorne )
Jn° Frost Esq A Message to the Board by ^less" Dennet & Sanburn with a Vote of the House for repealing several Clauses in Several laws relating to appeals to the Governour and Coun- cil wliich was read and non Concurred nemine Contrndi- cente, and sent down by Geo Jaffrey and Sluuh-ach Walton Es(|''^ together with the Governours Instructions & ordei':^ to read one ])aragra})h of the same relating to the Court of ai)peals.
Adj'' til tomorrow lU a'Clock a. m.
270 PROVINCE OF NEW-HAMPSHIRE. [1727.
Pro : N. Ham|/°
At a Geii^ assembly held at Portsin° by adjournments Thursday Jau''-' 4"' 1727, 8. Present, His Hon-- John Wentworth Esq L* Gov' Mark Hunking ) Rich<^ Wibird ^
Geo : Jaffrey > Esq-"^ A M^^pheadris ^ -p „
Shad'-^ Walton ) Jii° Frost ( ^^
Jotli Odiorne j A Message to the House by M"^ Frost w"' a Vote for Sur- veying Winnipishoky Pond & y" fresh rivers &c=* Adj'' til tomorrow 10 a Clock a. m.
[p. 447.] Pro of N. Hamp''^
At a Gen' assembly held at Portsm" by adjournment fry day Jan"^^' 5"^ 1727, 8 Present, His Hon'' John Wentworth Esq''^ L' Gov"" Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq""" Arch" Macpheadris V Esq""* Shad=' Walton ) John Frost )
Joth Odiorne Esq A Message to the Board by M' Atkinson with the Vote of Council Sent down yesterday relating to Winnipishoky Pond nonconcurr'd And by Cap* Winget the following Vote,
In The House of Represen* Jan""-'' 5"', 1727, 8 Voted that Andrew Wiggin Esq and Mr Theo'" Atkinson be a Comitte of this House to Joyn with a Committe of the upper house to Examine the accounts bro't in this Ses- sion and make report thereon to the assem for approba- tion.
Jam' Jeffry Cler assem
1728.] JOURNAL OF GENERAL ASSEMBLY. 271
In Couii Eod die Read and Concurr'd and Cap' Wibird and Cap* M'^phea- dris appointed for the Service above.
R. Waldron Cler Con
Adj'' til tomorrow 10 aClock a. m.
Pro of N. Hamp™
At a Gen^ assembly held at Portsmo by adj' Satnrday Jan''^' G"', 1T27, 8 Present, His Hon"- John Wentworth Esq L' Gov'^ Mark Hnnking ) A ISPpheadris ^
Geo: Jaffrey " [ Esq" John Frost S Esq"
Shad'' Walton ) Joth Odiorne )
Adj^' til Monday next 10 a'Clock a. m.
Pro of N Hamp''^
At a Gen' assera by adj' at Portsm"
Monday Jan'^ 8'»> 1727, 8 Present His Hon"" John Wentworth Esq L* GoV^ Mark Hanking ) A M'^pheadris )
Geo Jaffrey S Esq^'^ John Frost V Esq™
Shad'' Walton ) Joth Odiorne )
Ad'f til tomorrow 10 aClock a. m.
[p. 148.] Pro: of N. Hamp-*
At a Gen' assembly held at Portsm" by adjonrnment tuesday Jan''^ 9"' 1728, 9 Present, His Hon^ John Wentworth Esq L' Gov"^ Mark Hunking ] Arch'' M'^pheadris )
Geo Jaffrey [ Esq'** J\i" Frost [ Esq"
Shad'' Walton ) Joth Odiorne )
272 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to tlie Board by Mess''* Wio;gtii & Atkinson with a Vote for a new regulation of the Court of appeals upon which W Jaffrey and Cap' Odiorne were sent down to acquaint them His Hon'' was much Surprised at the Vote since lie had Communicated Instructions to them on that head.
His Hon'' was pleased to declare that "Whereas Henry Sherburne Esq had been heretofore recommended home in order for His Majestys Mandamus to be of the Council in this Province, and Sundry Members of the Council being at this Juncture al)sent and Indisposed whereby the busy- ness of the Present Session may be impeded for want of a quorum of Councill''^ Therefore he resolved that the Said Henry Sherburne Esq be desired to give his attend* at the Board in order to be admitted a Member of the Council who came and having taken the proper oaths His Hon'' di- rected him to take his [)lace accordingly.
Adj^' til tomorrow 10 a' Clock a. ji.
Pro : of N. Hamp'''^
At a General assemlHy held at Portsm" by adj'^ Wednesday Jan''^' 10"' 1727, 8 Present His Hon*" John Wentworth Esq ]} Gov'' Geo Jai'fi'oy j Mark Hunking ]
Shad'' Walton [ Esq^ Arch" M'-'pheailris [ Esq* Jn" Frost ) Joth Odiorne )
Henry Sherburne Esq A Message to the Board by Mess''* Gambling & Wiggin to pray the Ccjuncil to reconsider the vote of the House for regulating the Court of appeals w"-''' was non Concurr'd yesterday.
[p. 441>.] A Message to the House by Col" Walton & Caj>' Odiorne to accpiaint them tlie Council would Consider of the regulating the Coui't of appeals next Spring Session.
1728.] JOURNAL OF GENERAL ASSEMBLY. 273
A ^[essage to the Board by Mess''* Atkinson and Knight with a Vote relating to the Court of appeals and for an agent Whereupon Mess" Jaffrey and Frost were sent down to tell the House their Vote was a Scandalous libel, and to propose to them to recall & reconsider it.
A Message to the Board by Mess" Tibbits & Stevens with a Vote for immediately printing the Votes of Gen' assembly this Session which was read and Non Concurr'd and sent down by the Clerk.
Adjournd til tomorrow 10 a' Clock a. m.
Pro: of N. Hamp^^
At a General assembly held at Portsm° by adjornm' thursday Jan''^' IP' 1727, 8 Present, His Hon-" John Wentworth Esq L^ GoV Mark Hunking ) Arclf' M'^pheadris )
Geo : Jaffrey [ Esq" John Frost [ Esq'"^
Shad'* Walton ) Joth Odiorne )
Henry Sherburne, Esq A Message to the House by Mess" Jaffrey and Frost w'^ a Vote of Council in reply to the Vote the House sent up yesterday relating to an agent.
A Message to the Board by Mess" Wiggin and Tibbits with an answer of the House To the Vote of Council sent down to day in Vindication of the House from the reflec- tions in the Councils Vote.
Adj'' til tomorrow 10 a'Clock a. m. 18
274 PROVINCE OF NEW-HAMPSHIRE. [1728.
Pro : of N. Hamp
At a Gen' assembly held at Portsm" by adjornm' fryday Jan'^-^' 12"' 1727. Present His Hon-^ John Wentworth Escf*^ L' Gov-- Mark Hunking ] A Macpheadris ]
Geo Jaffrey [ Esq" Joth Odiorne [ Esq"
Shad Walton ) Hen. Sherburne )
[p. 450.] A Message to the board pr Mess" Stevens and Dennet with a Vote for repealing the Powder Act which was returned Ijy the Clerk non Concurr'd.
Adjourn'd till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp^^
At a General assembly held at Portsmouth by adj' Saturday January 13, 1727, 8 Present His Hon'' John Wentworth Esq'"'^ L' Gov-- Geo Jaffrey ) ^ , A. M'^pheadris )
Shad'-' Walton \ ^^^^ Joth Odiorne [ Esq''^
Hen. Sherburne ) A Message to the House by Geo Jaffrey Shad^ Walton and Joth Odiorne Esq'^ to adjourn them til Tuesday y« 23^' Instant.
Pro : of N. Hamp''*
At a General assembly held at Portsmouth by adjornm* Tuesday January 23, 1727, 8 Present His Hon'^ John Wentworth Esq Lieut Governor Mark Hunking J A M'^pheadris J
Geo Jaffrey > Esq" Joth Odiorne > Esq'^ Shad-' Walton ) Hen. Sherburne )
A Message to the Board by Mess" M'^Keen and Cap' Knight to acquaint His Hon'' that Cap* Paul Gerrish who
1728.] JOURNAL OP GENERAL ASSEMBLY. 275
was returii'd to Serve as represent for Dover was now come
to the House, and that the Speaker prayd he might be
qualified.
A Message to the House by Mr Jaffrey Mr Odiorne and
the Cler : to adm'' the Oaths to the S'' Cai)t Gerrish w'^'' was
done.
Adj*^ til tomorrow 10 aClock a. m.
Pro : of N. Hamp""^
At a General assembly held at Portsmouth by adjournm* Wednesday Jan. 24"' 1727, 8 Present His Hon'" John Wentworth Esq Lieu* Gov*" Mark Hunking ) ^ Shad^ Walton ) ^ „
Geo. Jaffrey \ ^^^ Jn° Frost \ ^^^
A Macpheadris ) Joth Odiorne [ Esq" H. Sherburne ) [p. 451.] A Message to the Board from the House to pray a Conference upon the Subject matter of repealing the riotous act and regulating the Court of appeal.
& Message to the House by John Frost Esq to acquaint them that the Council Consented to and were ready for tlie Conference they proposed whereupon the Speaker and House attended at the Board and the two points above mention'd being fully discussed they withdrew to their own Chamber
In Coun, Ordered That the Clerk Issue a Warrant ag'^' Benj'' Rust To answer before The L' Gov"" and Council for Sundry In- direct reflections upon them &c'' The Same was done & The Said Rust brot Ijeforc the Board & Then It was re- solved that he attend at the Council Cliamber on tlie sec- ond Wednesday in fel)""^' next in order to his tryal, and that he be Committed to Goal in the mean time or recognize to His Majesty in the Sum of 400 £ w"' two Sureties in the
276 PEOVINCE OF NEW-HAMPSHIRE. [1728.
Sum of 200£ each to appear at the S'^ day and to abide the Sentence, then to be pass'd upon him, and that he should be of good behaviour in the mean time. He recog- nized according to ord"".
all y° papers relating to rust viz warr' recog. & Deposi- tions were Deliverd to y® Cler : Sup"" Court pr ord"^ L' Gov^ Adj'^ til tomorrow 10 aClock a. m.
Pro. of N. Hamp^°
At a Gen' assem held at Portsm'' by adjournm* Thursday Jan'"-^' 25'^ 1727, 8 Present His Hon"" John Wentworth Esq L* Gov'" Mark Hunking ) ,. Shad^ Walton { ^
Geo : Jaffrey \ ^^ A ]\Ppheadris \ ^^^
Jn° Frost J
Joth Odiorne > Esq" H. Sherburne ) Adj*^ til tomorrow 10 a Clock a. m.
Pro of N. Hamp^«
At a General assembly held at Portsm" by adjournm* fryday Jan'^^' 26, 1727, 8 Present His Hon"" John Wentworth Esq Lieu* Gov' Mark Hunking ) ^ ^ Shad^ Walton ) ^
Geo Jaffrey j ^^^ a M^pheadris ] ^^^
Jn'' Frost J
Joth Odiorne > Esq^ H. Sherburne ) A Message to the House by Mess" Jaffrey and Frost to acquaint them if they w'd prepare a suitable Yote to re- peal y® riot act y® Board w'd Concur.
[p, 452.] a Message from the House with the following votes.
1728.] JOURNAL OF GENERAL ASSEMBLY. 277
111 The Houso of Represent Jan : 26 1727, 8
"Whereas There was an act pass'd in this Province in the Seventh year of His late Majesty King George 1^* Entituled an additional act for the Punishing Criminal offenders and for the preventing tumultuous & riotous assemblys which Act was made on a Supposition that there might be some disorderly persons in Said Province disaffected to His Said late Majesty and the Establishment of the Crown on the Illustrious House of Hanover, and inasmuch as it is now apparent that there has not heen discovered so much as one Such disaffected Person within Said Province but on the Contrary that His Majestys Subjects here are Strongly an universally attach'd to Plis Majestys Interest Person and Goverment and to the afores'^ happy Establishm* of the Crown Therefore Voted That the Said Act and Every Clause thereof be repealed and that an act be drawn up accordingly, and that Benj^ Gambling Esq and the Clerk of the House be of the Committee from this House to joyn with a Comitte of the upper House to draw up the act ac- cordingly.
Jam'' Jeffry Cler assem
Jan"^ 26, 1727, 8
In Coun. Read and Concurrd and Geo Jaffrey and John Frost Esq" appointed for the Service above Pass'd nemine Contradicente
R. Waldron Cler : Con
A Message to the House pr Col° Walton w"' a Vote of Council Pass'd yesterday for a Committe to accompany the L' Gov'' to Boston to meet Gov'' Burnet &c^ w''^ was returnd non Concurr'd.
A Message to the Board by Mess'''' Dennet and Jcnnis w"' a Vote of the House for a Committe of y*^ House to meet y*^ Gov"^ at Boston, and a Committe of the Council to do y® like distinct if yy Saw meet which was returnd non- concurr'd.
A Message to the House by Cap' Sherburne w"' a Vote
278 PROVINCE OF NEW-HAMPSHIRE. [1728.
of Council for a Comitte of both Houses Conjunc' to wait on y^ Gov"^ at Boston returnd non concurr'd.
[p. 453.] A Message to the Board by Mess" Stevens & Jennis with the following Votes.
In The House of Represent Jan'-y 26, 1727, 8
Voted That Capt Geo Walker and Mr Eph'' Dennet be a
Committe of this House to joyn with a Committe of the
upper House to provide a House fur the entertainm* of his
Excellency Gov'' Burnet against his arrival and that when
he Shall give notice or it be known when he intends to
come into this Province, that Said Committe make Suitable
provisions for his reception & Entertainment here and that
the Treasurer Supply Said Committe with mony for the
end above said.
Jam" Jeifry Cler assem
In Coun Eod die Read and Concurrd and Cap* Wibird and Cap* Sherburn appointed on the Part of the Board for the Service above.
R Waldron Cler Con.
In The House of Rcpresen' Jan-'J' 26, 1727, 8 Voted That There be signd off the Sum of Seven hun- dred pounds by the Comitte that is apjjointed for Signing the Bills last printed and put into the Treasury for the Payment of what Debts are now allowed or due from this Province and that His Hon"" the Lieu' Governor be desired to Issue out his warrants for payment of the same to those
Persons to whom it is due.
Jam' Jeffrey Cler. assem.
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
In The House of Represen* Jan'^" 26, 1727, 8 Whereas there was five thousand three Hundred and Eighty four pounds in bills of Credit on this Province Put
1728.] JOURNAL OF GENERAL ASSEMBLY. 279
i:ito suiidiy persons liancls for the Exchanging of the old Sign'd bills of Credit on this Province and there being more than what is Sufficient to Exchange what there is out, of the Said old mony Therefore
Voted That the Persons in whose hands the S'' Bills or any part thereof are, be directed to bring the same into the General [p. 454.] assembly on the third day of the spring Sessions with their accounts of what they have Exchanged and the several Persons be served with a Copy of this Vote Jam^ Jeffry Cler assem
In Conn Eod die
Read and Concurrd
R. Waldron Cler Con.
Sundry Persons of London Derry Presented a Petition to The Gen' [Assem] Praying a regulation of some of the Town affairs w'^'' was Ijrot to the Board by James j\PKeen Esq The Petition is on file, and the Votes thereon are as follow
In The House of Represent Jan^' 26, 1727, 8 The al)ove Petition being read ordered that the Petition- ers serve the opposite Partys Concern'd w"' a Copy of the Petition and that they appear Each party the Second day of y'^ sitting of the Gen' assembly in the Spring Sessions to be heard on the Premises.
Jam Jeffrey Cler Assem.
In Coun Eod die Read and Concurr'd
R. Waldron Cler : Con
Auditors report allow'd To Rich'^ Perry for Sundrys at the
Fort X20: — : 5
To Jn« Robinson Ditto .£11 : 19 : —
To Benj^ Rust for house hire til y°
10 Oct'' last if accordino- to as;reem' =£ 16 : — : —
280 PROVINCE OF NKW-IIAMPSHIRE. [1728.
To John Wentworth for Sundiys at
y*^ Fort £5: 8 : 6
To Tho^ Harvey for Goudela hire £ — : 15 : 4 To Beuj^ akerman a day service &
Canoe X — : 6 : —
arch*^ M°pheadris ' And Wiggin
Theo atkinson In The Honse of Represent Jan-^" 10"^ 1727, 8 Voted That the above return be accepted and that there be paid out of the Public Treasury to the Several Persons the Sums Carry'd off and that there be further allow'd and paid out of the Publick Treasury to the Several Persons as under written [p. 455.] To Timo Davis for the use of his boat damage
she sustained at y® ratification <£2: 5 : —
Benj'^ Rust for Publick Exp"^*^ to Jau--^' 10,
1727,8 .£6: 14: 4
Clem* Hughes for Service &c^ <£8: 11: 4
James Jeffry for Services as Cler assem from
19, O'^-^ 172G to 9'^'- 19"^ 1727 £15: — : —
Jam^ Jeffrey Cler assem In Conn Jan 26, 1727, 8 Read and Concurr'd
R. Waldron Cler Con Mr Treasurer Jafifreys Particular ace' Including the whole Expence of Disbursmt* and allowances for time of y*^ Gentlemen the Tend'' and Portlege bill amounting to X888 : 5: 11 : as on file was voted upon as follows In The House of Represent Voted That The Said account be allowed and Paid as the Several Sums are Carryed off and that there be Signed off by the Committe for Signing the mony last printed the Sum of one hundred eighty eight pounds five Shillings and
1728.]
JOURNAL OF CxENERAL ASSEMBLY. 281
eleven pence for the Pa3'ment of the above account besides tlie two hundred pounds ah-eady put in.
Jani'^ Jeffry Cler. assem.
In Council Jan^-^ 20, 1727, 8
Read and Concurred
R. T^^aldron Cler Con
In The House of Represent Jan 12, 1727, 8 Allowd Benj*^ Gambling Esq for administering the oaths to the People thro the Province by the L*- Gov''* order XI:
Jam* Jaffrey Cler asrcm In Coun Jan--^- 26, 1727, 8 Read and Concurred
Rich-J Vraldron Cler Con
Adj*' til tomorrow 10 aClock a. m.
[p. 450.] Pro : of N. Hamp^'^
At a Gen' assembly held at Portsmouth by adjm* Saturday Jan'-^ 27, 1727, 8 Present, His Hon"" John Wentworth Esq L' Gov'' Mark Hunking ) A Macpheadris ^
Geo Jaffrey [ Esq''* Jn° Frost \ Esq''
Shad^ Walton ) Joth Odiorne )
Henry Sherburn Esq A Message to the Board by Mess''* Atkinson & M'^Keen w'^ the following Vote.
In The House of Represent Jan 27, 1727, 8 Whereas M'' agent Newman hath by a letter To His Hon'' of y*' 25'" of September last Signifyed that he thinks his Commission ceases w'" Gov"" Shute's It being from him therefore
Voted That His Hon'' the L* Gov'" be desired to acquaint the Said agent that It is the mind and direction of this House that he imploy the mony in his hands in prosecuting the Settlement of the lines of the Province according to former Instructions, and that this House Imagine that his
282 PROVINCE OF NEW-HAMPSHIRE. [1728.
former Commission together with what His Hoi/ (by virtue
hereof) Shall write him will be Sufficient power for him
for that end.
Jam^ Jeffrey Cler : assem
In Council Eod die Read and Concurrd
R. Waldron Sec'^y
A Message To The House by Mess" Odiorne Sherburne & the Clerk to Prorogue them, to the Second tuesday in May next.
Prorogued to y^ 2'^ tuesday in May 1728.
March 27"^ 1728 The General Assembly
Dissolved by Proclamation.
[p. 457.] Pro. of N. Hami/*^
At a Gen' assembly held at Portsmouth Apr' 9"^ 1728. Present His Hon^ John Wentworth Esq L* Gov'" Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq" Joth Odiorne [ Esq^ Shad^ Walton ) Henry Sherburn )
Mr Sherriff Gambling made return of the Precept to him Directed for Choice of an assembly & the names of the Persons returnd to Serve are as follows.
For Portsm° For Dover For Hampt"
Cap^ Geo Walker Cap* Sam' Tibbits Cap' Josh. Winget
M'" Eph=* Dennet Cap* Paul Gerrish M'' Jn° Sanburn
Cap* Josh^ Pierce Cap* Fran" Mathes
For Hampt° Falls For N. Castle & Rye For Exeter Nath' Weare Esq M' Theo Atkinson Samuel Thing Esq M-^ Richard Jennis M"" Barth^^ Thing
Kingston Newingtoii Strath.
M' Eben Stevens M"" Jn" Downing And'"' Wiggin Esq
1728.] JOURNAL OP GENERAL ASSEMBLY. 283
A Message to the House by Mess" Jaffrey Odiorne Sher- burne and the Cler: to administer the Proper oaths to the Persons returnd as above which was done accordingly and the Declaration Subscribed according to law by all Except Cap' Mathes who was not present.
A Message to the House pr Col° Walton to direct them that as they had now taken the oaths they Should proceed to the Choice of a Speaker and Settlement of their House.
A Message in Writing to the Board by Mess™ Walker Sanburne and Barth''' Thing to Signify to His Hon'' That the House had Chosen Nath' Wear Esq Their Speaker which Choice was sent back disallowed under the hand of His Hon'' the Lieu* Gov' pr Jotham Odiorne Esq.
A Message to the Board by Mess" Atkinson Dennet Ger- rish and Sanburne to pray His Hon" favour in acquainting the House that as the Negativing a Speak'' [p. 458] was a Matter quite new to them, whether his power for so doing- was from His Commission, who answered It was.
A Message to the Board by Mess" Atkinson and Winget to pray His Hon" favour in Communicating to the House that Clause of His Commission relating to the Premises which His Hon'' ordered to be read to them accordingly.
A Message to the Board by Mr Wiggin to pray that par- agraph above refer'd to might be read in the House which was done accordingly by Geo : Jaffrey and Jotham Odiorne Esq" who were sent down for that end.
A Message to the Board by M"' Dennet and Mr Gerrish to acquaint His Hon'' The House could not come into a new choice of a Speak'' to night, and therefore proposed to Sus- pend the further consideration thereof til the morning.
Then His Hon'' sent down Mess'^ Odiorne Sherburne and the Cler to adjourn til tomorrow
9 a' Clock A. M.
284 PROVINCE OF NEW-HAMPSHIKE. [1728.
Pro : of N. Hamp
At a General assem held at Portsm° by adjoiirnm' Wednesday April lO**" 1728. Present as Yesterday. A Message in Writing to the Board by Mess''^ Pierce and three other Memljers praying that His Hon'' "would not in- sist upon his disallowance of the Choice of the Speaker whicli was return'd by Mess''^ Jaffrey and Frost who were directed to inform them that if they would add to their re- quest that they did not question His Hon"^® right of nega- tiving a Speaker His Hon'' would then take their desire under consideration.
A Message to the House pr Mr Odiorne to inquire wheth- er they had anything ready to lay before the Board who answered they had not.
A Message to the Board pr Mr Atkinson to acquaint His Hon'' That one of the Members for Dover who came not to the House til now & so had not taken the oaths was wait- ing to be qualified & pray'd it might be done whereupon Mess''" Odiorne Sherburne and the Clerk were Sent down to adm'' the oaths to y'^ S'' Mathes.
[p. 459.] A Message to the House by Mess''' Odiorne Sherburne and the Clerk to adjourn them til tomorrow 10 a'Clock A. M.
Pro : of N. Hamp""®
At a General Assembly held at Portsm° by adjournm* thursday April 11'^ 1728. Present His Hon' John Wentworth Esq L' Gov'' Mark Hunkino; | ^ , Shad Walton ) -p
Geo Jaffrey ^ \ ^^'^^ Rich^' Wibird \ ^^^^
Jn° Frost J
Joth Odiorne > Esqs
Henry Sherburne )
1728.] JOURNAL OF GENERAL ASSEMBLY. 285
A Message to the House by Mcss""^ Walton and Odiorne to adjourn them til
To morrow 10 a'Clock a : M :
Pro of N. Hamp'''=
At a General assembly held at Portsm°
by adjournm* fryday April 12, 1728. Present His Hon"^ John Wentworth Esq L* Gov' Mark Hunking J Rich'^ Wibird
Geo Jaffrey > Esq Joth Odiorne
Shad^ Walton ) Henry Sherburne
A Message to the House by Mess" Walton Odiorne and the Clerk to prorogue them til tomorrow 10 a'Clock a. m.
Pro of N.'Hamp'^
At a Gen' assem held at Portsm° by Prorog* Saturday April 13* 1728 Present His Hon'' John Wentworth Esq L' Gov' Mark Hunking ^ Joth Odiorne ) xi s
Geo Jaffrey > Esq" Henry Sherburne \ ^
Shad'' Walton )
A Message to the House by the Clerk to inquire whether The House was come to any resolve upon the point in hand namely y® Choice^of another Speaker who answered no.
A Message to the House pr Mess" Walton Odiorne and the Cler to Prorogue them
Til Wednesday next 3 a'Clock p. m.
[p. IGO.] Pro of N. Hamp'«
At a Gen' assembly held at Portsm" by Prorog" Wenesday April 17, 1728 Present Mark Hunking ) ^ Shad^ Walton ) r^
Geo Jaffrey \ ^^^ Rich'' Wibird \ ^^^
Jn° Frost Esq
286 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the House by Col° Walton & Cap* Frost To acquaint them That y® U Gov"" being out of Town had left orders to Prorogue them til
tomorrow ten a'Clock a. m.
Pro : of N. Hamp-""^
At a General assembly held at Portsmouth by adjournment thursday april 18, 1728 Present His Hon'' John Wentworth Esq L* Gov'^ Mark Hunking ) Rich*^ Wibird )
Geo Jaffrey [ Esq' Jn'^ Frost [ Esq'
Shad^ Walton ) Hen : Sherburne )
A Message to the Board by Messrs Atkinson Sanburne and Stevens in writing Signifying the House had proceeded to a Choice of a New Speaker (viz) And'"" Wiggin Esq w^ a preamble in Justification of the late Speaker Weare His Hon'' Signifyed his allowance of the Choice but utter dis approbation of the Preamble in writing under his hand which was sent down by John Frost and Henry Sherburne Esq''* who were directed to inform the House that His Hon^ required their attend^ at the Board the Speaker and House came up accordingly to whom His Hon'^ made y*^ following speech
Gent
It is with Great pleasure and Satisfaction that I meet you here at this time and I hope with Minds well prepared to pass on what ma}' lye before you & reassume those things that were Voted in both Houses, and might then been tinish''d had not some designing men prevented it, who I have reason to think had their own Pri- vate views at heart more than the good of the people they repre- sented. Yet they Cry'd up Liberty and Property that ])eing onely an amusement that so Some Private designs might the better Suc- ceed which not onely tended to the dishonour of His Majesty but also to alienate the minds and [p. 461] aft'ections of His Majestys good subjects from me and his Council of this Province and Stil persisting on things that was not in my jiower to grant being ab- solutely against His Majestys Instructions for these and such like reasons I dissolved that Assembly. I hope we are now furnish'd with better Principles and will Consider the Common Good of the
1728.] JOURNAL OF GENERAL ASSEMBLY. 287
Province Setting aside all Self Interests and in our Several Sta- tions use our utmost endeavours to cultivate Princii)les of loyalty and obedience to His Saci'ed Majesty King George the Second and his ro3'al Issue und'' whose hajip}' Influence our most Valuable Privileges both in Church and State under God depends.
I design this Sessions Short therefore hope you will apply your- selves to the busyness that may lye before you particularly that you make Suitable Provision for His Excell'^>' Gov"" Burnet's recep- tion who ma}' be Expected here in a little time. I recommend to you that Mr Treasurer may be Enabled to provide for the repair- ing the Platform »& (inn Carriages at Fort ^V'" & Mary W^'' was Survey 'd and I suppose reported in our last Dec'' Session, materials being provided therefor. If anything Else occurs that's for His Majestys Service and the good of this Province you are always Sure of my best endeavours to promote if in my power. I am Comanded l>y His Majesty to recomend to you the Hon'^''^ Support of this His Government and I take this opportunity to recommend it to your Consideration.
April 18"^ 1728. J WENT'WORTn
The Speaker Pray'd a Copy of the foregoing speech w'^'' was granted and the Same Sent down by the Cler. Adj'^ til tomorrow 10 a Clock a. m.
Esq"-
Pro of N. Hamp''^
At a Gen' assembly held at Portsm" by adjom-nment fryday Apr' 19"> 1728. Present His Hon"" John Wentworth Esq L* Gov"^ Mark Bunking ) Rich'^ Wibird
Geo Jatfrey > Esq" Henry Sherburne Shad=^ Walton ) A Message to the Board by Mess" Sanburne and Stevens with a Vote for repealing the act ag*' Trading w"' y*^ Indians w*^*^ was Concurred with and is as follows : [p. 462] Whereas There was an act passed in the General assembly of this Province in S'"" 1721 Entituled an act to prohibit trade and Commerce with the Eastern Indians wherein the penalty is 600 £ and 12 m°^ Imprisonment without bail or mainprise and that now it being peace with those Indians, and they have liberty to trade where they please by the articles of peace Therefore Voted that there be a bill prepared to re
288 PROVINCE OF NEW-HAMPSHIRE. [1728.
peal S'^ act and that Mr Atkinson and Cap* Paul Gerrish be of the Committee from this House to prepare the Said bill
Apr^ 19'^ 1728. Jam^ Jeffry Cler assem
In Coun Eod die Read and Concurr'd and Mess""^ Jaffrej and Sherburne appointed for the Service above.
R. Waldron Cler : Con A Message to the Board by Mess''' Sanburne and Jennes w^^ three Bills pass'd to be Engrossed (viz) for Triennial Choice of assem men, ab* Shingles, & to repeal ^® riot act. Adjourn'd til tomorrow 10 a'Clock a.m.
Pro N. Hamp'"''
At a General assembly held at Portsmouth by adj' Saturday April 20''' 1728. Present His Hon"^ John Wentworth Esq L' Gov"" Mark Hunkino: ) Rich*^ Wibird
Geo Jaffrey \ Esq" Henry Sherburne \ ^ Shad^ Walton ) A Message to the Board by Mr Sanburne w'"" the follow- lowing Vote
In The House of Represent Apr' 20, 1728 Voted That Cap' Geo Walker and Mr Eph^ Dennet be a Committe of this House to joyn with a Committe of y*' up- per house to provide for the entertainment of His Excel- lency Gov Burnet ag*' his arrival, and that when he Shall give notice (or it be known) when he intends to come into this Province, That the Said Committe make Suitable pro- vision and Entertainm*' for his reception here, and that the Treasurer Supply Said Committe with mony for the end abovesaid.
Jam'' Jeffrey Cler assem
1728.] JOURNAL OF GENERAL ASSEMBLY. 289
[p. 4G3.] In Coiin Eod die
Read and Ooncurrd and Mess''^ Wibird & Sherburne ap- pointed for the Service above.
R. Waldron Cler Con
A Message to the Board by Mess'"* Walker Dennet & Stevens w^'' a Vote for Impressing thirty thousand pounds.
A Message to the House by Mr Jaffrey and Mr. Sherburne to acquaint them that their Vote for 30000X was very Sur- prising to the board in regard to the greatness of the Sum but that His Hon"^ and the Board w*' thing [think ?] of a proper Sum to be Emitted.
A Message to the House by Mess'** Walton Sherburne and the Clerk to adjourn them,
Til Wednesday y"^ 24^^^ Ins'
Pro of N. Hamp'"'^
At a Gen^ assembly held at Portsm° by adjournm' Wednesday april 24"* 1728. Present His Hon"- John Wentworth Esq L* Gov"" Mark Hunking J Ricli'' Wibird J
Geo : Jaffrey > Esq*'* Joth Odiorne [ Esq'^ Shad'"^ Walton ) Hen Sherburne )
His Hon*^ the Lieut Gov'' laid before the Board a Com- nission from His Majesty King George y* 2*^ for the Lieu" ;enancy of this Province Dated 17 Octol)er 1727 and ac- luainted the Council he purposed the immediate publica- ion thereof whereupon the Council advised that the Treas- irer defray the Expense of the day and the Said Commis- ion was published accordingly The Council & Represen- atives with some of the Principal Gentlemen & two foot ^ompanys of Militia attending on the Occasion Adjd til tomorrow 9 aClock a. m. 19
290 PROVINCE OF NEW-HAMPSHIRE. [1728.
Met according to adj' & and adj*^ till tomorrow 10 o'clock A. M.
[p. 464.] Pro : of N. Hamp--^
At a General assembly held at Portsmouth by adjournm* fryday april 2G : 1728. Present, His Hon'' John Went worth Esq^'^ L* Gov"^ Mark Bunking ) Rich'^ Wibird )
Geo Jaffrey [ Esq''^ Joth Odiorne [ Esq"^ Shad^ Walton ) Hen Sherburne )
A Message to the Board by Mess'"* Tibbits and Winget w"' an answer to His Hon"" Speech as follows May It Please your Honor.
In your Speech to this House you were pleased to manifest j'our satisfaction in meeting of us here hoping our minds were well pre- pared to pass ou what might lye ])efore us. "We assure your Honor that We are come with Sincerity of mind and integrity of heart to do all those things that may be for the Honor of the King and the good of his People Avithout any private Views or ends. And as your Hon"" is pleased to put us in mind of reassumiug those things that were Voted in both Houses we Shall endeavour as far as in us lyes, that they may he tinished, and we count it our Duty to let your Honor know that "VYe take particular notice of the Extraordinary Proclamation by which the last assembly was dissolved and like- wise of what your Honor was pleased to set forth in your Speech that those things had been finish'd had not some designing Men prevented it who have reason to think had their own private views at heart more than the good of the People they represented yet they cry'd up liberty and property and we of the House being alto- gether ignorant of any Such designs We thank your Hon'' as we are most of us the same men that were of the last assembly that your Hon'' has so firr clearVl the House as to declare that the Votes had pass'd both Houses so we conceive that all persons may know that the Plouse could not hinder the finishing the same. We as- sm-e Yo'' Hon'' we Shall always endeavour thePuldick good and to the Utmost of our power Shew our loyalty and obedience to His [p. 465.] Sacred Majesty King George the second and His royal Issue and Count it our highest happyness that We can enjoy here that we live under the Goverment of so gracious a Prince We Shall take Especial care to make provision for the reception of Gov'' liurnet, as for any other thing that may come before us we Shall be very carefull to do that which may be for the Honor of the King and the good of the subjects
Apr' 2o* 1728. And^'^ Wiggin Speak'
1728.] JOURNAL OF GENERAL ASSEMBLY. 291
A Message to the Board hy Mess"'^ Gerrish and Thing with the following Vote,
Whereas The act requiring all Coasting Vessels to pay three Shillings pr ton as powder mony hath been very det- rimental to His Majestys good Subjects that are concernd in the Coasting trade in that it hath hindered Sundry tran- sient Sloops that usually brot money into the Government they being obliged to pay for y° first trip as much as if they traded one whole year and that it hath raised three Shill- ings pr thousand upon the freight of all Boards and Lum- ber that the Inhabitants of this province Send to other Ports in the neighboring Goverments upon their own ac- counts by which the burden of that act lyes upon those Particular men. For Remedy whereof
The House of Represent most humbly request that that part of the act relating to the Sloops payment of powder mony be suspended, and that Instead thereof there be paid out of the publick Treasury a Sum not Exceeding two hun- dred pounds for two years to be drawn out as there is occa- sion for the Supply of Fort W™ & Mary.
Api-i 26, 1728. Jam« Jeffry Cler assem
In Coun Eod die
Read and Concurr'd
R. Waldron Cler Con
A Message to the Board by Mess''^ M*=Keen and Jennis w* a Vote for printing the laws which was returnd by Geo ' Jaffrey & Henry Sherburne Esq''* w^^'out anything written, and by the Same Message a Vote of Council went down for a Survey of the laws in order to a New Impression.
A Message to y^ Board by Mr Atkinson w"^ the following Vote
[p. 466.] In The House of Representatives.
Apr^ 26, 1728.
Whereas In the House of Represent the 13"^ of Nov"^ 1727 There was allowed Benj=* Rust the sum of Sixteen pounds for fire wood, house rent, and Candles Ac" from 8*^^
292 PROVINCE OF NEW-HAMPSHIRE, [1728.
1"' 1726 to y^ l**' of Ocf 1727 and there has been some Mis- take in the allowance, therefore tis now Voted that the Said Benj* Rust be paid out of the Publick Treasury the sum of sixteen pounds as above and that the former order is here by superseded and to be given up.
Jam* Jeffry Cler assem In Coun Eod die Read and Concurr'd
R. Waldron Cler Con
Adj'^ til tomorrow 10 a'clock a : Bi :
Pro : of N. Hamp""^
At a General Asseml)ly held at Portsmouth by adjournm* April 27, 1728 being Saturday. Present His Hon^ John Wentworth Esq L* Gov"^ Mark Hunking ) Rich'^ Wibird J
Geo : Jaifrey \ Esq Jn" Frost > Esq
Shad^ Walton ) Joth Odiorne )
Henry Sherljurne Esq A Message to the Board by Mess'"' Winget & Tibbits with the following Votes.
In The House of Represent Apr' 27"^ 1728 Voted That this House desires His Hon'' the Lieut Gov- ernor to give orders according to the Votes of Assembly of april 26'^ to the receiver of the powder money that he for- bear to receive from any Coasting sloops any powder mony by Virtue of the act for payment thereof.
James Jeffry Cler assem In Coun Eod die Read and Concurr'd R. Waldron Cler Con
In The House of Represent Apr' 27, 1728. Voted That there be Signed off the Sum of Six hundred pounds by the Comitte that is appointed for Signing the
1728.] JOURNAL OF GENERAL ASSEMBLY. 293
Bills of Credit last printed and put into the Treasury for the payment of what is now due from the Province [p. 467] and what else is and may be allowed by the General assem- bly now, and that His Hon'' be desired to Issue out warrants accordingly
Jam^ Jelfry Cler assem. In Coun Eod die. Read and Concurr'd
R. Waldron Cler Con
The following Vote pr Mr Dennet. In The House of Represent apr' 27, 1728 Voted That M^' Speak^ Wiggin and Mr Theo"^^ Atkinson be a Committe of this House to joyn w"' as many of the upper house to go with His Hon"" the Lieut Gov"^ to Boston to Congratulate His Excellency Gov'' Burnet in behalf of this Goverment upon his arrival there and that Their Ex- pence be paid out of the Publick Treasury.
Jam* Jeffry Cler assem In Coun Eod die Read and Concurr'd and Voted that Geo Jaffrcy, John Frost and Henry Sherburne Esq" be appointed of the Board for the Service above.
R. Waldron Cler Con.
A Message to the Board by Mess''* Gerrish, Dennet and Jennis.
In The House of Represent.
apr' 27, 1728.
Whereas His Hon'' The Lieu* Gov" hath had the whole
Goverm* Stil continued upon him as Command'' In Chief
Voted that he be presented and paid out of the Publick
Treasury the sum of one hundred pounds for half a year
in 1727.
Jam* Jeffry Cler assem.
In Coun Eod die Read and Concurr'd R. Waldron Cler Con
294 PEOVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the House by Mess''® Frost Sherburne and Odiorne requiring their attend"" at the Council Board The Speak^ and House came up accordingly & Then were Signed the following acts.
1. An Act for Calling and Electing assembly Men and their qualifications.
2. An Act regulating the Excise of Shingles
[p. 468.] 3. An Act To repeal an Act Pass'd in y^ sev- enth yeare of His late Majesty King George the first En- tituled an Act in addition to an Act for punishing Criminal offenders, and to repeal the act for prohibitting Trade and Commerce with the Eastern Indians. Prorogued To May 14, 1728.
In Coun Order'd That Sam' Thing Esq be restored to the Commission of the Peace.
Order'd That the Treas' fortlr^'^ Procure ten barr'® Gun- powd'' for the Fort.
The L' Gov" declared that he had determined to remove Mr Sheriff Gambling from that office, and proposed Mr Theodore Atkinson to Succeed him and Sign'd a Commis- sion Constituting the Said Atkinson High Sheriff, and the proper oaths were administer'd to him.
Pro of N. Hamp'*^
At a General assem held at Portsmouth by Prorogation Tuesday May 14*" 1728. Present His Hon'^ The L* Gov"^ Mark Hunking ) Rich'^ Wibird J
Geo Jaffrey > Esq John Frost V Esq
Shad'' Walton ) Hen : Sherburne )
A Message to the House by the Clerk to require their
1728.] JOURNAL OP GENERAL ASSEMBLY. 295
attendance at the Conncil Board the Speaker and House came np accordingly to whom His Hon"^ made the following- Speech.
Gentn
I Design This Session as Short as may be by reason His Excel- lency Gov Burnet may be Expected at Boston every day, and then soon with us in this Province.
The most material thing that will lye before us at present is the Settling the proportion on the polls Stock and Rateable Estates of the Inhabitants of y" Several Towns in The Province which will take up some [P. 469] time to weigh and maturely consider the several circumstances of Each Town so as that equal Justice may be administered to that end I reccommend that a Suital)le Com- mitte be forth w'^ chosen. I would put you in mind that Mr Treas" acct' may be called for that so a Settlement may be made, this being the proper season therefor.
As to what other affairs now lying on the anvil I am of opinion they may be suspended until His Excellencys arrival here however I shall receive and hear anytliing else you have to otfer that's for His Maj'-^'' Service and the good of the Province which I have al- ways at heart I have many times mentioned the State of our affairs relating to our Agent at the Court of Great Britain and am thot- full whether our delay may not prove prejudicial to us in the end I again recommend it as a Matter very well worthy of your consid- eration and hope you will now think so.
May 14, 1728. J. "Wentwokth
Adj*^ til tomorrow 10 a' Clock a. m.
Pro : of X. Hamp'^'*
At a General assembly held at Portsm° by adj' Wednesday, May 15"^ 1728. Present His Hon"^ John Wentworth Esq L* Gov"" Mark Hunking J Rich^^ Wibird J
Geo Jatfrey > Esq Jn° Frost > Esq
Shad-'' Walton ) Joth Odiorne )
H. Sherb" Esq Adj'^til tomorrow 10 aClock a. m.
296 PROVINCE OF NEW-HAMPSHIRE. [1728.
Pro of N. Planip'^
At a Gen' asseml)ly held at Portsm° by atljournment Thiirsday May 16"' 1728. Present His Hon'' John Wentworth Esq L* Gov'' Mark Hunking ) Rich<^ Wibird )
Geo Jaffrey [ Esq^* Jn° Frost [ Esq^^
Shad^ Walton ) Jotli Odiorne )
H. Sherbnrne Esq A Message to the Board by Mess" Walker and Winget w"' yc following order.
In The House of Represen' May 16, 1728 [p. 470.] Ordered That Those Gentlemen that were the Signers of the live thousand three hundred and Eighty four pounds for Exch^ the old Cypher'd bills do bring in their receipts on acc*^ to morrow of what they delivered each of the Trustees for the Exchanging Said bills that the Said Trustees may be accounted with
Jam^ Jeflfry Cler : assem. In Coun Eod die
Read and Concurrd
R. Waldron Cler Con.
By Mess" Walker and Dennet the following answ"^ to L* Gov'' Speech.
May It please your Honor,
Your Hon"^ was jDleased at the opening this Session to inform us your designing this Session as Sliort as might be, by reason of the Speedy Expectation of Gov'' Burnet's coming into this Prov- ince, and for your recommending us to an early and diligent dis- patch of tliose tilings before us especially that great and necessary aflair of Proportioning the several Towns witli in this Province anew, that So equal Justice may be done unto all which we do as- sure your Honor we sliall with all readyness of mind do our utmost endeavour to have it finish'd, and likewise Shall desire M"' Treas- urer to have his accounts ready that so the Publick accounts may be Settled and thank 5'our Ilon'^ assuring us in yo"' Speech of your hearty read3'ness to hear anything that may be for His Majestys service, and the good of this Province and the other things might be Suspended until His Excellencys arrival Therefore Shall ac-
1728.] JOURNAL OF GENERAL ASSEMBLY, 297
quaint 3'oui' Hon"" of our deep apprehension of the Scarceness of mony and thei'eby trade failing w'^'' renders us unal^le to perform many tilings otherwise might be done. As to Mr agent ]^ewmans letters, for answer thereto we pray sometime to Consider thereof.
And^ Wiggin Speak''. -
John Bar Prefer'd a Petition for y*" Settlement of Deny lands read
Adj*^ til tomorrow 10 aClock a, m.
Pro : of N. Ilamp^*^
At a Gon^ assemljly held at Portsm° by adj' fryday May 17, 1728. Present His Hon' John Wentwortli Esq L' Gov^ Mark Hunking J Rich'^ Wibird J
Geo Jaffrey V Esq Jn° Frost [ Esq
Shad'' Walton ) Joth Odiorne )
H. Sherburne Esq Adj"^ til tomorrow 10 aClock a. m.
[p. 471.] Pro: of N. Hamp^'^
At a Gen' assembly held at Portsm° by adj* Saturday May 18"^ 1728. Present His Hon' The L' Gov' John Wentworth Esq Mark Hunking ) Rich'' Wibird )
Geo Jaffrey " V Esq"^ Jn" Frost [ Esq''
Shad''' Walton ) Joth Odiorne )
Hen. Sherburne Esq pr Mr Dennet The following Vote.
In the House of Represent May 16, 1728 Voted That Saml Thing Esq. Cap* Josh^ Pierce & Theo Atkinson Esq be a Committe of this House to joyn w"' a Committe of the upper House to Examine the Treas'^ ac-
298 PROVINCE OP NEW-HAMPSHIEE. [1728.
counts and any other account now to be brot in and make return to the General assembly
Jam^ Jeffry Cler assem In Coun May 18"^ 1728. Read and Concurrd and Mess''^ Wibird Frost and Sher- burne appointed for the Service above.
R Waldron Cler Con.
Adj'' til Wednesday next 10 a'clock a. m.
Pro : of N. Hamp--^
At a Gen' assem held at Portsm" by adjornment Wednesday May 22<^ 1728. Present His Hon'' John Wentworth L* Gov'' Mark Hunking~^ Rich'' Wibird ^
Geo Jaffrey VEsq-"' Joth Odiorne VEsq" Shad^ Walton J Hen: Sherburne J
Adjd til Tomorrow 10 a'Clock a. m.
Pro : of N. Hamp''^
At a Gen' assembly held at Portsm° by adjournm' May 23'' being thursday 1728 Present His Hon'' John Wentworth L* Gov'' Mark Hunking ) Rich'' Wibird )
Geo Jaffrey i Esq""^ Joth Odiorne [ Esq"' Shad'^ Walton ) Hen : Sherburne )
A Message To the Board by Mess" Dennet & Thing w*'' a Vote for the impression of 80000 £ Read and return'd
By The Same Message a Vote for a Committe to View & report the Defficiency of y^ Goal (viz) Cap* Winget & Mr Dennet Col° Hunking & Col" Walton & other Votes as follow
|
£155: |
3 |
6 |
|
& 75: |
18 |
— |
|
£ 31: |
17 |
6 |
|
£ 91: |
16 |
- |
|
£ 40: |
11 |
6 |
|
£ 23: |
8 |
- |
1728.] JOURNAL OF GENERAL ASSEMBLY. 299
[p. 472.] In The House of Represent May 23^ 1728 There has been bro' into the assembly this Sessions & burnt in the Gen^ assembly of the old Cypher'd bills from y* Several Trustees for Exchanging the Same. From Geo Jaifrey Esq the sum of
Rich'' Wibird Esq'
Col" Hunking
CoP Weare
Maj'^ Gilman
Jn" Plaisted Esq
£421: 14: 6 Yoted That the above named Trustees be hereby dis- charged of the several Sums above carry'd off ag^* their names. , Jam Jeffry Cler Assem.
In Coun Eod die Read and Concurr'd (The total is four hund'^ twenty one pounds fourteen ShilP & Q^}
R. Waldron Cler Con
Rob* "Weare and John Bar of Lond'' Derry preferr'd a Petition y" 18* Instant & the Selectmen being notify'd & all Partys heard what follows is y® result Thereof
Wheareas Rob' Weare and John Bar preferrd a Petition to the Gen' assembly on the IS''* Instant for themselves and in behalf of twelve other persons all belonging to the Town of Lond° Derry Shewing forth that there was not a Just and Equal division of the land in Said Town, and praying for relief in the Premises and there being an order of the Gen' assem, that a hearing on the Said Petition Should be had this day, and that the Selectmen of the Said Town Should be served with a Copy of Said Petition and order and the Said Select men having been Served w*'* Such Copys and having sent Several persons in behalf of the Town (viz) Mess''* James Greg John M'^Murphy Rob* Boyes and And'^ Todd to answer to the Said Petition &c^ Both Partys appearing unitedly declared that they had
300 PROVINCE OF NEW-HAMPSHIRE. [1728.
Settled the difference amongst themselves, and humbly
pray'd the Goverment to give a Sanction to their agreem*
Therefore
In Coun May 23, 1728. Voted That the Said agreement be and hereby is Estab- lish'd & Confirm'd, which agreem* is as [p. 473.] follows (viz) That the Vote Pass'd at a Proprietary meeting at Lond** Derry the fifteenth day of April Anno Dom. 1728 Concerning the Differences about amendment lands high- way lands & want of Homestead lands be good and valid to all intents and purposes and in all respects any law usage or custome to the Contrary thereof notwithstanding, And that the Petitio" (namely) Robert Weare, John Bar, Sam' Allison, W"' Nichols, Jn° Anderson, James Morrison, Arch'^ Clondinen John Stewart Jii° Morrison, W'" Umpha John Bar, Sam' Bar, John Barnet & Gabriel Bar Shall have five hundred and ninety four acres of land within the Said Town of London Derry (That is to Say) The Petition" Shall have the one half of the land that fronts on Cobbets Pond, on the South Side & the east end of the S'*^ Pond so beginning at the Middle of the Said Pond & running out a Square line from the Pond three hundred and twenty rodds, if Policy Pond will allow thence Extending East not to Run ])ast y'' East end of Policy Pond southerly, and so run- ning along y'^ habitable land breaking no form of land until the aforesaid Petitioners compliment of five hundred and ninety four acres is made up exclusive of any meadow w^'' is reserved to the Town, and farther the Committe which Shall lay out the Said tract of land are to have regard to the quality, as well as quantity of the S''' land as the use and Custome of the S''' Town is and has been and lay it out accordingly. The Said Tract being in full Satisfaction to the Petition" for amendment lands twenty acre lots and additions. R. Waldron Cler Con
May 23'' Read and Concurr'd Jam^ JefFry
Adj*^ til Tomorrow 10 a'Clock a. m.
1728.] JOURNAL OF GENERAL ASSEJIBLY. 301
Pro of N. Hami/^
lU a Gen' assembly held at Portsm° by adjournment fryday May 24*^^ 1728. Present. His Hon"" John Wentworth Esq L' Gov"" Mark Hunking ) Rich'^ Wibird )
Geo : Jaffrey [ Esq"^ Joth Odiorne [ Esq-"' Shad^ Walton ) Hen Sherburne )
The follovrhig Proportion by Mr Stevens.
In The House of Represen* May 21''' 1728 Whereas The Sundry Tosvns in This Province by their List bro* in have some Valued their lands in one Town at one Rate and [p. 474] in other Towns not half that value, Therefore Voted That for making a more Equal propor- tion in Each Town of the value of the land meadow and Marsh in Each Town that it be valued at the Prices as hereunder
Portsm" Hampton, Rye ^
Dover Streatham N. Castle [ at Six ShilP
Exeter Greenland Newington ) pr acre
Lond° Derry ) Kingst° \ at o* pr acre
And That all negro Indian and Mulatto Slaves be valued at twenty pounds pr head.
Jam* Jeffry Cler assem In Conn Eod die Read and Concurred. R. Waldron Cler Con
adj*^ til tomorrow 10 a'Clock a. m.
Pro of N. Hamp''^
At a Gen' assem held at Portsm" by adjournment Saturday May 25 1728. Present His Hon"^ John Wentworth Esq L* Gov'' Mark Hunking J Rich'' Wibird )
Geo Jaffrey S Esq''" Joth Odiorne > Esq" Shad** Walton ) Hen. Sherburne )
802 PROVINCE OF NEW-HAMPSHIRE. [1728.
A Message to the Board by Cap* Walker w*^ a Vote of the House for addressing His Majesty to be united To the Government of the Mass^ Bay w'^'^ was read but nothing pass'd upon it as on file.
By The Same Message the following Report and Votes We Whose names are hereunto Subscribed being appointed a Committe to view the defects of the Pro : Goal and to make return thereof to the assembly, accordingly We have viewed the Said Prison and Do report that It is necessary to have the Windows in the Chamber secured with Iron Bars as the Windows in the lower rooms are and likewise to have four good Substantial Padlocks purchased also to have the other Locks mended & new keys made if worth mending which when broken off may be seen and if not worth fitting up then to have new ones purchased and also to have Those places where attempts to Cut thro y® wood have been made mended and Secured w"' Iron plates May 23^ 1728
Josh^ Winget, Mark Hunking, Eph^ Dennet, Shad Walton.
[p. 475.] In The House of Represen* May 25, 1728.
Voted, That the above return be accepted and that the Sherriff be forthwith directed to get the above mention'd particulars done and that the Province pay for the same.
Jam^ Jeffry Cler assem •
In Coun Eod die
Read and Concurr'd, R. Waldron Cler Con
adj'^ til Wednesday next 10 a' Clock a. m.
1728.] JOURNAL OF GENERAL ASSEMBLY. 303
Pro ; of N. Hamp"
At a Gen' assembly held at Portsm" by adj' til Wednesday May 29*'' 1728. Present His Hon' John Wentworth Esq L* Gov'' Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq' Joth Odiorne [ Esq" Shad"" Walton ) Hen Sherburne )
Adj*^ till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp'^
At a Gen' assembly held at Portsm° by adj' thursday May 30'" 1728. Present. His Hon"" John Wentworth Esq L* Gov' Mark Hunking ) Rich'' Wibird J
Geo : Jaffrey > Esq" Joth Odiorne > Esq" Shad" Walton ) Hen. Sherburne )
A Message to the Board by Mess" atkinson & Sanburne with a Yote ab' Proportioning the Trade of the Province w"^ was return'd pr Mess" Jaffrey Walton and Odiorne for reconsideration.
Adj^ till tomorrow 10 a'Clock a. m.
Pro : of N. Hamp''^
At a Gen' assem held at Portsm" by adjt fryday May 31^' 1728. Present His HonP John Wentworth Esq L* Gov"" Mark Hunking ) Rich'' Wibird )
Geo Jaffrey [ Esq' Joth. Odiorne [ Esq"
Shad^' Walton ) Hen'^y Sherburne )
A Message to the Board w*'' the following allowances To John Plaisted Esq for Comitte
804 PROVINCE OP NEW-HAMPSHIRE. [1728,
Service at the Fort £1 : — —
[p. 476.] Benj* Gambling for Service as
Sheriff one year X15 and half a year for
Jurys <£9: 12: X24 : 12: —
Rich*^ Waldron's Service one year Cler
Con £15: — : —
Benj^ Akerman's service one year 10^
Extra Service <£3 & a day 6^ £U: Q: —
Adj"* til tomorrow 9 aClock a. m.
Pro : of N. Hamp'"*'
At a Gen^ assembly held at Portsm° by adj* Saturday June 1^' 1728 Present His Hon^" John Wentworth Esq L* Gov^ Mark Ilunking ) Rich^' Wibird )
Geo Jaffrey V Esq'^^ Joth Odiorne [ Esq" Shad^ Walton ) Henry Sherburne )
Several Messages To the Board by several members w"" the following Votes :
In The House of Represen' May 30'^ 1728 Whereas The act for the Selectmen of Each Parish and Precinct within this Province to bring in a list of the Polls, and an inventory of the Estates belonging to their respec- tive Towns and precincts, and there now having arisen many disputes concerning the Value of y*^ polls and the Prices that Estates Should be Set at, and for the better clearing up of that difference, and that Justice may be done.
Voted, That all polls be valued at pr head, .£25: — : —
All Tillage, meadow and Marsh in Hampt", Exeter, Dover, Portsm", N.
Castle, Streatham & Newington pr. acre £ — : 6: —
Kingston & Lond° Derry pr acre £ — : 5 : —
1728.]
JOURNAL OF GENERAL ASSEMBLY.
30i
Each ox ^3
Each cow <£2
Each Horse ^3
Each Hog £ —
Each Negro Mulatto or Ind" Skive being male £20
Houses thro-out y® Provuice each £1
The Trade of y® Province valued at
10
5
X1600: —
rPortsm" lOOOX Dover 200£ Exeter 200£
J Hampt" — 50£ Hampfalls 50X N. Castle 15£
^^^^ S Rye 10 £ Newington 25 X Kingsto 20 £
l^Lond° Derry b£
[p. 477.] And That this be the rule for the Comitte to cast up according to the lists brot in from Each Town and that the number of acres for Lond° Derry be accounted four hundred.
Jam^ Jeffry Cler assem
In Coun May 31"' 1728.
Read and Concurr'd w"^ the following addition namely that the proportion of the Several Towns be Established according to the above Scheme for the present year and no longer.
R. Waldron Cler Con
In the House of Represen' May 31 1728.
The addition Read and Concurr'd and Voted that twenty five pounds on trade be added to Streatham it being omitted to be Enter'd as above and that the Proportion be made ac- cordingly.
Jam' Jeffry Cler assem 20
306 ■ PROVINCE OF NEW-HAMPSHIRE. [1728.
And further That The Town of Gospert pay this year 1728 The sum of Sixteen pounds for their Province tax for Every thousand pounds rais'd in the Province and so in proportion for a Greater or lesser Sum.
Jam^ Jeffry Cler assem
In Coun. Concurr'd w^^ y® foregoing Votes.
R. Waldron Cler Con
According to the Within Yote We of the Committe whose names are here unto Subscribed have proportioned to Each Town and parish and to every thousand pounds that is to be raised in the Province. The Proportion is as follows :
|
Portsm" |
£187: 16:4 |
|
|
Dover |
£217: 15: 5^ |
|
|
Hampt'' |
£97: 4:5 |
|
|
Hampt" falls |
£88: 4:3i |
|
|
N. Castle |
£24: 19:4' |
|
|
Rye |
£29: 1:7^ |
|
|
Exeter |
£127: 18:9 |
|
|
Streath. |
£60:14:11 |
|
|
Newington |
£36:14:8 |
|
|
Kingston |
£45: 6: — |
|
|
Lond° Derry |
£68: 3:10i |
|
|
^Gospert |
£16:— : 4 |
|
|
£1000 |
||
|
mdi" Wiljird |
Nath' Weare |
|
|
H. Sherburne, |
Earth Thing |
In the House of Represen* June 1, 1728 Voted The above return of the Com'itte be accepted and that an act be drawn np accordingly.
Jam* Jeffry Cler assem
In Coun Eod die Read and Concurr'd R. Waldron Cler Con
172S.] JOURNAL OF GENERAL ASSEMBLY. 307
[p. 478.] The following allowance pass'd in The House of
Ivepresen' June 1^' 1728 :
To the Postmaster for the year 1728 Publick post- age <£3: — : —
Eleaz'' Russel for paper &c. for Publick use XG: 15: 6
John Newmarch for repairing The fort boat £5: 14: 3
Tim" Davis for further Satisfaction for his Whale
boat £1: — : —
John Frost Esq for sundrys for the Fort ab* y®
flas: &c. .£6: — : —
By Mr. Jennis the following vote
In the House of Represen' June 1^' 1728
Voted That There be signed off by the Comitte for Sign- ing the Bills last printed and put into the Treasury the sum of three hundred pounds for the payment of the Sundry Debts and charges of the Province that is and may be allow'd
by the Gen' assem.
Jam* Jeffry Cler assem.
In Coun Eod die Read and Concnrr'd R. Waldron Cler Con
A Message to the Board by Mess''^ Pierce, Dennet and Stevens.
In The House of Represen' June 1^' 1728. Whereas His Hon The Lt. Gov'' hath had the Govcrment as Command"' In Chcif stil continued upon him Voted That There be paid to His Hon'' the Lieut Gov"" and he is presented with the same the sum of one hundred pounds out of the Excise, and that he is desired to Issue out warrants for the paym* of what is already allow'd
Jam^ Jeffry Cler assem
In Coun Eod die Read and Concurred R. Waldron Cler Con
308 PKOVINXE OF NEW-HAMPSHIRE.
[1728.
The House of Represen' being sent for to the Board by the Clerk they came and a Bill Entituled
" An Act for Establishhig the Proportion of the " Several Towns to be paid in the Province Tax " for y« year 1728."
Having had Its Several readings and been pass'd in both Houses The same was Signed and Seal'd In presence of y* Gen^ asscm which was Then
Prorogued
Til y« 1^ Tuesday in Nov"" next
Nov"" 4, 1728 Further Prorogued by Gov"^ Burnet's
Proclamation
Til the 22'^ April 1829.
JOURXAL
OP THK
HOUSE OF REPRESENTATIVES.
1722-1724.
The " Journal of the House" which follows from April 30"' 1722, to November 10"' 1724, is copied from a MS. volume in the Secretary's office, Concord, labeled "Journal of the House, 1711 — 1724." The pages in the margin correspond with the paging of the MS. volume. Ed.
[p. 310.] Province of ) April y« 30'n722 the house met New Hamp. \ according to acljournm' viz. Mr. Speaker Pierce Mr. Eaphraim Dennit
Coll Peter Weare Mr. John Dam.
Coll James Davis The House adjourned to tuesdaj May the first.
Tuesday may y® first 1722 the house met according to ad- journment, viz :
Mr. Speaker Pierce Coll Peter "Weare Cap* Dan" Greenough
Coll James Davis Mr. Eaphraim Denet
Jotham Odihorn Esq Mr. John Dam
Cap' Andrew Wiggans
Maj John Gillman Mr. Justic Eastman.
The house adjourned for an lioiire & halfe The house met according to adjournment all as above. Pec^ a Certificate from Mr. Sherrif Gambling of Impress- ing a man.
A message from his Excellency to speak with the house, the house went up accordingly : and soone returned.
310 PROVINCE OF NEW-HAMPSHIRE. [17-22.
A Paper presented to the Lower house that it is the Desier of the Good suljjects of this Province y' y® p'sent assembly may be disolved and y' y® late act of Impost & Export be repealed.
His Excellency s Speech.
[See Journal of Assembly, pp. 23, 24.] [p. 311.] In Council Voted : That a committee of both houses be appointed to consider of a Propper fund & method for bringing into the Treasury all such moneys as have hith- erto been postponed, and also to make an estimate of the charges of the Government, which have arisen since his Maj"** prohibiting the striking Bills of Credit &c.
And further to consider what sum is necessary to be now struck k emitted to pay y^ present Debts : and to Lodge in the Treasury for Dofraying y® Contingent charges of the goverment, and that Mark Hunking, George Jaffrey & Rich- ard Wibird Esq. be of the comittee from this Board for the service above — May y*^ P* 1722.
Richard Waldron Cler. Con
May y*^ 2'^ in y® house of Representatives.
read & concurred. Jas. Jefifry, cler. Ass""
3Iemorial of the House to his Excellency.
[See Journal of Assembly, pp. 24, 25.]
[p. 312.] Then the house adjourned for an houre and halfe which is the same adjournment entred before.
Tuesday after noon the house met according to adjourn- ment all as above.
In the house of Representatives voted y* y* above memo- riall be sent up.
In the house of Representatives.
Voted. That the act of the 15"^ July 1721 be so far as it relates to the Duties of Export on Boardes & fish and the Impost on wine & rum be Repealed.
James Jeffry Cler. Asm. Sent up for concurrance.
Voted, y' Mr. Speaker Pierce k Maj Gillman be a comit- tee of this house to waite on his Excellencie for an answer to the Ipswich Conference relating to the act of Duties be- tween y^ Provinces.
The house adjourned to Wednesday y'' 2*^ May a. m.
1722.] JOURNAL OF THE HOUSE. 311
May y^ 2** 1722, the house met according to adjournment.
Mr. Speaker Pierce Coll Peter Weare Samucll Estman Esq.
Coll James Davis Capt Dan" Greenough
Maj John Gillman Mr. Eaphr. D.ennit
Jotham Odihorn Esq. John Dam
Capt John Gillman Capt Samuel Tibbets. AVedncsday May f 2^ 1722.
The house adjourned till two a clock, p. m.
[p. 313.] Wednesday May y"^ 2'^ 1722 Post M° The house met according to adjournment all as above.
In the house of Representatives. The vote to Repeale the Impost act sent up again.
In the house of Representatives. Voted, that Maj John Gillman, Andrew Wiggans Esq & Coll James Davis, be a comittee of this house to joyn with the comittee of the upper house according to theire vote of May ye 1" 1722, for bringing into the Treasury all postponed Money & an estimate of charges arrisen since his maj"*^^ Pro- hibition for striking bills of credit & to Consider what sum is necessary to be now struck & emitted to pay the present Del)ts & to Lodge in the Treasury for the contingent charges of the governm'
James Jeffry Cler. Ass™
Then the house adjourned to thursday eight o'clock a. m.
Thursday May y* 3*^ a. m.
The house met according to adjournment Present Mr. Speaker Pierce. L* Coll James Davis Samuell Estman Esq.
L* Coll Peter Weare Capt Samuell Tibbets
Jotham Odihorn Esq. Capt Daniell Greenough
Maj John Gillman Capt John Gillman
Andrew Wiggans Esq. Mr. Eaph'' Dennit.
In the house of Representatives.
Voted y* y^ act of this Province of the 15* July 1721 so far as it relates to the Duties of Export & Impost be sus-
312 PROVINCE OF NEW-HAMPSHIRE.
[1722*
James Davis Jotliam Odiliorn
pended nntill tlie Prov. of the Mass^ put theire act of export & Impost in force relating to this Province. May y*" 3*^ 1722.
Jas Jeffry, cler. Ass"
Eod"" Die. In Council Read & concur*^
Rich*^ Waldron, cler. Con. [p. 314.] Thursday May y« 3^ a. m. 1722.
The house adjourned till two o'clock p. m.
Thursday May y® 3*^ p. m. the house met according to ad- journment all as above.
May y' o'^ 1722. In the house of Representatives.
Voted. That the souldiers in the late expedition to the Eastward he paid according to the Direction of this house.
Then the house adjourned to fryday y*^ 4"' of May at eight o'clock A. M.
Fryday May y® 4"' a. m. the house met according to the adjournment.
Mr. Speaker Pierce Peter Weare Esq "^ Samuell Estman Esq.
Capt Samuell Tibbcts Esqrs Capt John Gillman John Gillman I Mr. Eaph'" Dennit.
Andrew AYiggans J
[See journal of assembly, p. 31.] May ye 4*^ ) Objections in the house of Representatives ag'
1722 \ y* acc'^ &g returned by the Auditors (viz) [p. 315.] 1" Article not to allow Capt Penhallow y''
20 lb. £20 : — : — 2^ and to allow but 24* pr month to each centinell 3^ to allow L' Lad four pounds pr month 4*^ the Doctor allowed thirty five pounds one shilling 5*^ the Deserters not to be paid any wages. The names of the Deserters viz. Moses Gatchell y*" sums charged £11 : 18 : 8
William Powell Returned £9 : 18 : 6
Samuell Malloone Returned £9 : 18 : 6
John Kenistone £9 : 18 : 6
George Goodin, Daniell Jacobs, Ben Davis £6 : 6 :
Richard Rand, Dan" Emerson & John Dorkam
Sen' £3 : 19 : 4
Benj. Judkins 9 : 18 : 6
61 : 17 : 7
1722.] JOURNAL OF THE HOUSE. .313
111 the house of Representatives may y* 4'^ 1722.
Resolved y' y*' Muster Roles be made up according to this List above — & Lad but 3 lb pr month.
Mr. Penhallow five pounds.
Sundry accts bro* in since the auditors return viz. Thos Packer Esq. <£19 : 10 :
Lt Governour Wentworths ace' allowed £12 : 12 : 7
Axwell Roberts not allowed Bcnj Akarman alloAved being paid 40* Benj Gambling alloAved £30 : :
May y^ 4"' 1722. In the house of Representatives.
Voted y' y® above accounts be allowed.
Jas. Jeffry clerk ass™
[p. 316.] May y« 4"^ 1722.
Allowed Mr. Penhallow powder 6 lb wine £6 at Cambridge £3: 15 :
Capt Moodyes muster Role allowed £64 : 17 :
Capt Penhallows muster Role with y" Doctors in it ' £193 : 16 : 8
To Capt Penhallow himselfe for care &c to y* sould" £10 : :
Voted, may y® 4^-^ the above allowed
James Jeffry Cler ass™
May y* 4"^ 1722. The house adjourned till two o'clock p. m.
Friday May y* 4"' 1722 p. m. the Ifouse met accord, to adjournm*. Voted that Capt John Penhallow be presented w**^ ten pounds for his care & kindness to our souldiers as allowed above
Eod™ Die. A^oted that the souldiers shall have but twenty four shillings pr month.
Eod™ Die Voted—
That all those that Deserted the service tho' some of them returned yet shall wholly lose thcire pay.
Eod™ Die Voted —
That the Return of the Auditors Dated May y" 2^ be ac- cepted as Returned (except Capt Penhallows Muster Role and Capt Moodyes Muster Role, which are as the New Muster Rols Given in : and the ten pounds above to Capt Penhallow
314 PROVINCE OF NEW-HAMPSHIRE. [1722.
and that what is entred in theire muster Rols (as Drawn up by our clerk) ag' the sevepall names is in full Discharge thereof.
Eod"^ Die Voted—
That from henceforth all expresses y* shall be Imprest to go any where within this Province shall be allowed and paid by y® Treasury on certificate of his performance thereof six pence pr mile & eight pence pr mile to any place out of y* Province for going out for himselfe & horse & that all ferrys carry them free.
Jas. Jeffry Cler Ass""
Then the house adjourned to Saturday May y® 5"" 1722 a. m.
Jotham Odihorn Andrew Wi&'o-ans
[p. 317.] Sathurday May the 5'^ 1722 a. m. The house met according to adjournment. Present
Mr. Speaker Pierce
Peter We are "^
James Davis | Samuell Estman Esq
John Gillman VEsqrs Capt Samuell Tibbets
Capt Dan'^ Greenough Mr. Eaphr"" Dennit Ordered that there be an order sent by y® clerk of this house to the select men of Hampton to pay Isaac Green what was allowed him
Eod'" Die : Axwell Roberts prayer of allowance of his accts of three pounds twelve shillings for entertaining the Indians hostages.
In the house of Representatives —
Resolved that it is the opinion of this house y' y° Prov. of the Massachusetts ought to pay it.
Jas. Jeffry, Cler Ass"" Eod-" Die. Voted
That a certaine number of men be forthwith employed to cutt high wayes : one from Dover to Winnipissokee Pond and another from Exeter to the same pond, and that Maj. John Gillman, Coll Jas. Davis, Edw^ Hall & Capt Jo° Gillman, Capt Sam" Tibbets & Capt Tim" Gerrish, be a com- mittee to survey & mark s*^ wayes and make report to this house.
1722.] JOURNAL OF THE HOUSE. 315
Eocl™ Die. Resolved y' Mr. Treasurer Penballow be allowed a further additiou to his account (as before) the sume of six pounds for 2 barrell powder : and six pounds more for a cask of wine : & three pounds for his expenses at Cambridge these being three articles submitted to the house by the Auditors.
Jas. Jaffry cler Ass™
Then the house adjourned to Munday May y® 7,^^ 1722 a. m.
[p. 318] Munday May y^ 7"^ 1722, a. m. The house met according to adjournment. Present Mr. Speaker Pierce James Davis ^ Capt John Oilman
Jotham Odiorn I -p, Capt Samuell Tibbets
John Oilman j ^ ' Capt Dan" Oreenough
Andrew Wiggans J Mr. Eaphr^ Dennit
One Bill Bro' Down for an Act to alter y' two Sup"" Courts &c. & the return of. the comittee for y® money and contin- gent charges.
[See journal of Assembly, p. 35.]' j\Iay the 7"' 1722 p. m. the house adjourned to tuesd May 8.
[p. 319.] Tuesday May y'' 8*'^ 1722 a. m. the house met accord, to adjournm*
Present Mr Speaker Pierce. Peter Weare ^ Capt John Oilman
James Davis Capt Sam" Tibbets
Jotham Odiorn >Esqrs Capt Daniell Oreenough Andrew Wiggans Mr. Eaphr. Dennit
John Oilman Pursuant to the votes of y® Oen" Assembly of the first antl 7**^ instant wee have examined the State of the Province Debts &c.
And find there has been post pon'd and drawn out of the treasury that is now to be Provided for (the sume of .£5281 pounds) hj Repetition to be pd from y° yeare 1724 to 1728. We find the debts contracted since the Kings order to Pro- hibit y^ striking Bills to amount £2256 : IG : 4: of which is paid by Impost etc. 255
2001 : 16 : 4
316 PROVINCE OF NEW-HAMPSHIEE. [1722.
And fur payment of the accrewing charges y* will be Dew. viz.
To his Excellency the Gov^ £200
Repaire of the fort £ 50
Incidents <£5o0
800: : 2001:10: 4
2801 : 16 : 4
To be repaid into the Treasury, one halfe in y'' 1729 <fe the other halfe in 1730 : in like Bills of credit or such navall stores and species as shall be agreed upon by y^ Gen' Assemldy to whom this Is submitted, pr
Mark Hunking James Davis
Geo. Jaffrey John Gillman
Hich'^ Wibird Andrew Wiggan
[p. 320.] May the S'"" 1722. The house of Representatives having considered the Report of the above comittee accept and concur to the same.
Jas. Jeffry Cler Ass"^ Then the house adjourned to three o'clock p. m. May y^ 8"^ p. m. The house met according to the adjourn- ment all as above.
May y* 8"' 1722. The house adjourned to Wednesday 9*" eifflit of the clock a. m.
Wednesday May y* ninth a. m. The house met according to adjournment. The Clerk having leave to be absent Mr. Daniell Greenough was chosen clerk Pr tempore. Present Mr. Speaker Pierce, Peter Weare "^ Capt John Gillman
James Davis I t^^ _ Cajjt Sam" Tibbetts
Jotham Odiorn | ^ Capt Daniell Greenough John Gillman J Andrew Wiggans
Mr. Eaplir. Dennit. [See Journal of Assembly, p. 36.] Eod'" Die. Yotcd—
That Mr. Agent Newman be presented with c£100 out of y® £200 voted to be Impressed
Dan'' Greenough Cler Pro. [p. 321.] Then the house adjourned till two oclock p. m.
1722.] ' JOURNAL OF THE HOUSE. 317
Wednesday May y® ninth p. m. The house met according to adjournment, all present as in the morning.
The Petition of Coll AValton being read relating to a comiss" at the Eastward considered and allowed five pounds to be pd him out of the Publick Treasury for Discharge of his sd. service at the Eastward as set forth in his Petition.
Voted Mr Speaker Pierce, Coll James Davis, Coll Peter Weare, be a comittee to joyn such as may be chose in the u])per house for the Preparing a Bill relating to the strikeing Bills of credit & signing the same.
Then the house adjourned to Thursday May y^ 10"' a. m.
Thursday May y* 10, 1722 a. m. The house met accord to adjournm^
Present Mr. Speaker Pierce Peter Weare ^ John Gillman Esq.
James Davis I -r^., ^ Capt John Gillman
Jotham Odihorn | ^ Capt Samuell Tibbets Andrew Wiggans J Capt Dan^^ Greenough
Mr Eaphr^ Dennit In the house of Represen*
Voted that a comittee of both houses be chosen to Desier our agent Mr Newman to give us advice w' proper steps to be used in order to obtaine y*^ Royall assent for striking Bills of Credit in this Province for y" encouragm* of Raising Navall Stores
Capt Odiorn, Maj Gillman & Capt Wiggans Esqrs a Comtt. from y*^ house for y' end.
D. G. C. Protempo. And then the house adjourned till two o'clock p. m.
Thursday May y« 10"' 1722.
[p. 322.] Tlie house met according to adjourn. — all pres- ent as in the morning.
Eod"^ Die. Whereas the Reverend Mr. Nathaniel Rodgers some time since took up X150 of the £1500 and he hath now returned s'^ money to the Assembly,
Voted—
That the said hundred & fifty pounds be Let out upon- good security at 6 pr cent by Mr, Speaker Pierce & Mr. Eph-- Dennit.
Dan" Green° Cler. p tem.
318 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod™ Die. In the house of Representatives. ' Yoted — That his Exellencie be presented with an <£100 to be paid him out of the Publick Treasury.
Dan" Green" Cler Pro tern. Eod'" Die. It is y® opinion of the house of Representa- tives that his Excellcie be reminded of Disolving the present Assembly.
Dan" Green° Cler. Pro'^"" Then the house adjourned to fryday May y* 11*'^ a. m.
Jotham Odiorn John Gillman Andrew Wiooans
Fryday May y° 11'" 1722 a. m. the house met according to adjournment.
Present Mr. Speaker Pierce Peter AVeare "^
James Davis j Capt John Gillman
y Esqrs. Capt Sam" Tibbets Capt Dan" Grecn° Mr. Eaphraim Dennit [p. 323.] May y^ IP"' 1722. In the house of Representa- tives.
Voted, that Maj. John Gillman, Capt John Gillman Coll Jas. Davis, Capt ' Sam" Tibbet, Capt Tim° Gerrish & Mr. Edw*^ Hall be a comittee to survey & Cutt two High wayes from the heads of the Towns to Winipissiokee Pond and to be p" the charge out of the Publick Trcasur}'.
Dan" Green" Cler Pr'"' Sent up for concurrence Non concurd. Eod™ Die. Voted
That the Plates for Impressing y^ Bills of Credit be left in the hands of Mr. Speaker Pierce.
In Councill Voted. That L' Coll James Davis IMaj John Gillman & Capt Tim" Gerrish be a comittee to survey and find out y'^ most commodius high way to Winipissiokee pond and Report the same with an estimate of the charge y* will attend it to y® Governour and Councill within six weeks & that they be paid for the same out of the Treasury. May y« 11"' 1722.
Rich'J Waldron Cler. Con.
1722.]
JOURNAL OP THE HOUSE. 319
In the house of Representatives May y^ 11"" 1722. Read and concur'd
Daniell Green'' Cler Pf" May ye 11"' 1722. In Councill.
Voted y' no swine shall goe at Large in that p' of Ports- mouth which lies to the north east ward of a straight line which shall run from Edw'^ Gates house to the head of the Creek at Islington under y® Penalty of 10* fine. One halfe to the Inform'the other halfe to y® Poore of s'^ Town.
Rich'^ Waldron Gler. Gon. Eod™ Die. In the house of Representatives Read & Con- curred.
Dan" Green" Cler. pro tem. [p. 324.] fryday May y« ll''^ 1722.
The house was sent for up by his Excellency Gov'' Shute and Prorouged to the first Tuesday in August next.
Dan" (G}reen° Cler. Pt''^ Memorandum Maj. John Gillman took out his Debent'' from y« 20'*' of July 1721 to the 11"' May 1722. •
Dan" Green" Cler. Pt"' Capt John Gillman for his to the same time
D' Test. D G.
June 25*'' 1722, the house met by spcciall order of the L* Governour.
Present Mr. Speaker Pierce
Peter Weare James Davis Jotham Odihorn Andrew Wiggans John Gillman
Capt John Gillman Capt Sam" Tibbets )> Esqrs Capt Dan" Green" Mr Eaph"" Dennit Mr. John Dam
The L* Gov. Sent for the house to the Councill Chamber and there made a verball speech : Relating to pressing men to be sent to the eastward into the Province of Maine. Eod™ Die In the house of Representatives.
Resolved that no souldiers that is or may be Impressed in this Province be subsisted & paid by this Government for any service eastward unless in time of warr consented to 1 ly this Goverment and upon expeditions to the enemies head Quarters.
James Jcffry Cler. Ass"^
320 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 325.] June 28'^ 1722. In the house of Represcii' Voted—
That his Excellency be Desiered y' ye men now Impressed may be Imployed in scouting within this Province and in cutting the Road to Winipissiokee Pond from Dover as lately surveyed & y' ye Treasurer suply them with provisions and amunition, and that no sons under age or servants be ad- mitted to take up any of theire wages without theire Parent or masters consent. James Jeffry Cler. Ass™
The house was sent for up to the Councill Chamber and there by order from the Gov. the L' Govern"' Dissolv^ them.
Mr. Speaker Pierce took out his Debenture from X^ ye 2^ 1721, to this -Day being 27 dayes in all.
J. J. Cler Ass"" Assembly Dissolved. Mr. John Dam Took out his Debenture for 17 Dayes in full.
[p. 326.] July 2^^ 1722. A Generall Assembly calP
The Representatives returned for the severall Towns for this Province of New Hampshire to serve in Generall Assem- bly for s'^ Province — are
for Portsm", John Plaisted,Eaphraim Dennit and W™ Fellows, for Hampton, John Redman John Sandburn & for ye falls
Peter Weare Esq. For Exeter, John Gillman Esq. Sc Capt. John Gillman. for Stretham, Andrew Wiggans Esq. ♦
for Newington, Capt John Downing
For New Castle, Jotham Odiorn Esq. & Theodore Atkinson. For Kingston, Sanmell Eastman.
Samuell Penhallow Esq & George Jaffry Esq accompanyed by y*^ clerk of the Councill, were sent down to adm'' the oath according to act of Parliament which was Don & signed to by all above named.
And y" the house was sent for up to the councill chamber & Desired to Ropaire to theire house and make choice of a Speaker.
The Representatives for Dover not being come the house deferr*^ chuseing for an houre or two. Dover Represent' not coming and growing late the house proceeded to y^ choice, of a speaker.
1722.]
JOURNAL OP THE HOUSE.
321
And Coll Peter Weare was chosen speaker by majority of votes in writing.
Two persons were sent up to the Board to signifie they had chosen a speaker.
The- house being sent for up they presented Mr. Wycr as theire speaker who was well accepted.
And then the Lif * Governour Prorouged the Gen" Assem- bly to the first tuesday in August next.
Cap' Samuell Tiljbets & Cap't' Tim° Gerrish for Dover ap- peared y'' same Day, & Coll James Davis for the same place next Day.
[p. 327.] Tuesday August 7"> 1722. The Assembly met according to Prorogation.
P'sent M"" Speaker Weare.
Cap' John Downing M' John Redman M-" Wm Fellows M"" John Sandburn jM"" Eapliraim Denit M'' Theo Atkinson
Coll James Davis
Jotham Odihorn
Andrew Wiggans
Samuell Eastman ■> Esqrs.
Cap' Sami Tibbets
Cap' Tim" Gerrish
Cap' John Gilman And the house was proroug'^ to Wednesday Aug' 15'^ 1722. Coll Davis took out his Debenture to y° 28'^' June 1722. Cap' Andrew Wiggans took out his Debenture to the 28'^ June 1722.
Cap' Sam" Tibbets took out his Debenture to y° 28'" June 1722, 30 Daycs.
Wednesday xVug' 15 1722 the house met according to pro- rogation.
P'sent M"" Speaker Weare.
John Plaistod Jotham Odihorn Sam' Eastman Andrew Wiggans John Gilman
21
Cap John Gilman John Downing > Esqrs W John Redman
John Sandl3urn Theo Atkinson Cap' Wm Fellows L' Eaph^ Dennit
322 PROVINCE OF NEW-HAMPSHIRE. [1722.
The Clerk of the Councill came Down from y® board with a Message from y*" L' Gov'" &c for the house to come up.
The house went up accordingly.
The L* Govern'' communicated a Letter to the house from his Excellence.
By Order from the house the former Orders of the house was read.
[p. 328.] August 15"' 1722.
Voted, that the third parragrai)h (In the former orders of the house) &c be mended, viz. That no Member Speak twice, untill every one have libberty to Speak once to the matter or Cause in Question, Whether it be vote Resolve or Order Bill &c.
The L* Govern^ Speech was Read & ordered to be coppied.
Then the house adjourned for two hours.
The L* Govern'' Speech.
[See Journal Generall assembly, p. 46.]
[p. 329.] (Letters referred to.)
1 rec"! yours of y"^ 24 & 27 Ints. and have Since wrote to you by Cap' Plaisted in -wliicli was inclosed a Declaration for Warr which I Ques- tion not you have made Publick by beat of Drum in his maj'''^'* Province of New Hampsh'' This affairr oblidges me to meet the Gen' Assembly on y'' 8"^ of the next month y' so 1 may be enabled to Prosecute this ■warr which wee are forced into, with utmost vigor. It will be abso- lutely necessary also y' you should meet the assembly in New Hamp- shire much about the same time y' so y"^ Province may Send theire Quota, wee having ovit already GOO.
This you must press to them in the Most Earnest Manner, for if we joyn heartily in this affaire, 1 hope through Gods blessing we Shall in a short time Drive these Barbarous Indians from amongst uss. all the News woe have from Great Brittaine is the Discovery of a New Plot of which at p'sent wee have not y"^ Perticulars.
1 am y"" humble Serv'
Sam'l Shute.
Boston July 30 1722.
I
1722.]
JOURNAL OF THE HOUSE.
323
[p. 330.] Wednesday August IS*** p. m. The house met according to adjournment Present as in the morning A message sent up to signify the three Dover Reprent^ was Ready to be sworn and Qualified to sit.
Coll Packer & Richard Wibird Esqrs with the clerk of the Councill was sent Down to Quallify s** members which was don accordingly in the assembly. Eod™ Die- Voted, That any member of this house that shall neglect to weare his sword or be found without it during the sessions of Gen" assembly from this Day shall pay a fine of one shil- ling to the clerk of this house for ye use of the house and the fine to be Repeated as ofted as found without a sword.
Jas. Jatfry CI As. Eod™ Die.
Voted that James Jefifry be clerk of the assembly for the Province of New-Hampshire on the same establishment as formerly agreed for.
Jas JetTrey Cler Ass"^
Eod™ Die. Order of the house.
Voted
That every bill to be passed in this house be read three times, and that there be two adjournments of this house before any Bill pass.
This to be further consid'' off.
Then the house adjourned to nine of the clock Thursday y® 16. A. M.
Thursday August IG*'^ 1722 A. m. The house met according to adjournment. Present Mr Speaker "Weare.
> Esqrs
Coll John Plaisted ^
James Davis
Jotham Odihorn
Andrew Wiggans
John Gillman
Samuell Eastman
John Sandburn Theo Atkinson W" Fellows.
Capt John Downing John Gillman Tim« Gerrish Sam" Tibbets L* Ea])hr' Dcnit Mr. John Redman
324 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 332.] Thursday August y^ 16'^ 1722. a. m. In the house of Representatives. Voted—
That Coll John Plaisted, Coll James Davis, Maj. John Gillman, Capt William Fellows & Capt Tim° Gerrish be a comittee of this house to draw up an answer to the L' Gov''* speech, and present it to this house for acceptance.
James Jaffry Cler xiss™ Then the house adjourned for two hours p. m.
Thursday August 16 1722 p. M. the house met according to adjournment all present as in the morning.
The Govornours Letter of y" 13**^ was Bro* Down to be comunicated to the house, which was read.
Sir,
The Government of the INIassachusetts are Determined to take vigor- ous measures in the Warr wee are now entered into ag' the Indian Rebels and I expect you will readyly joyn with them in this Important affaire. We are now forming an expedition against the Indians in which I will employ three hundred & thirty men besides the souldiers which will be left to guard the frontiers, you must therefore raise seventy good effective men at least to be an entire company to joyn with them. Let them be raised with all possible expedition and furnished with good arms and amunition. Send me the names of the Capt** & Liu' you think proper for this service and I will send their comss"^,
Communicate this to the Gen" assembly Your serv'
Sam'l Shute.
August 13th 1722.
Eod™ Die
The comittee returned with an answer to the Liu* Gov- ern" Speech which was Read three times & Resolved in the house y' it be sent up.
Jas. Jaffry Cler Ass""
Answer to Lt Gov^ speech
[See Journal of Assembly, p. 49]
Eod™ Die—
[p. 335.] A vote of the Councill sent down to chuse three of this house to joyn with three of the upper house to consider the Gov''^ Letter of the 13"' inst and make Report thereon. Then the house adjourned to friday y'' 17'" a. m.
1722.] JOURNAL OF THE HOUSE. 325
Friday August y^ 17"' 1722.
Friday August y° 17"' 1722 a. m. the house met accordiug to adjouniment. P'seiit M'' Speaker Weare.
Coll John Plaisted "^ Jas Davis Jotham Odiorn Andrew Wiggans John Oilman Sam" Eastman Cap' Tim^^ Gerrish j
Cap* John Gillman Sam" Tibbets W"' Fellows > Esqrs John Downing
Mr. John Redman John Sandburn Theo Atkinson Eaphr^ Dcnnit
Coll James Davis & Capt Tim° Gerrish &c Bro' in tlieire acct for paym* of theire service in surveying the Rhoad to Winipisiokee Pond.
A^oted y'" ace* allowed to the sume of =£13 & concurd at y* upper house. Eod™ Die.
A vote Bro* Down from the house for chusing three men of each house to be a comittee of War for the Disposition of the men of the Province to joyn with the comander in chief in y° affaire which vote was read & being put to vote whether such a comittee should be chosen or not. It past in the negative.
[p. 336] Fridav August 17*^ 1722 a. m. In Councill August 17"' 1722.
Voted — That one of the house be joyned with one of this Board to waite on his Excellencie with the answer the House to his Excellencies Letter &the L* Govern'"'* speech & discorse him tliereon.
Rich'' Waldron Cler Con Eod'" Die. In the house of Representatives
Read and concurd [p. 337.] The house adjourned for two hours p. m.
The house met according to adjournment present as in tlie morning.
James Jaffry was sworn clerk of this house whose oath as folio weth viz.
You James Jaffry Do swearc y* you will faitlifully Dis- charge y° office and Duty of clerk of this house according to your best skill & knowledge, and to make true entries of all orders Resolves & Votes of this house in due place & form according to Direction and need may require.
326 PROVINCE OF NEW-HAMPSHIRE. [1722.
A message from the Board to form Instructions for y^ Gen' to be sent the Govern''
Fryday August 17, 1722. [p. 338.] In the house of Representatives. Voted.
That a comittee of this house he chosen to joyn with a comittee of the upper house to draw up Instructions for those Gen' that are to waite on his Excellencie according to our vote in the morning and to Lay y® same before the Gen^' Assembly for theire approbation.
Jas Jeffry Cler. Ass""
Sent up for concurrence. Eod"' Die. In Councill Read & concurd & voted y' Coll Mark Hunking George Jaffry & Richard Wibird Esq. be of the comittee from y*^ board to joyn w'^ soe many of y* house for y® service above.
Rich'' AValdron Cler. Con
Eod"' Die. In the house of Representatives
Voted. That Andrew Wiggans Esq. Capt. W™ Fellows & Mr Theo Atkinson be of y^ comittee of this house for y* s*' service.
Jas Jeffry Cler Ass""
Eod™ Die. Capt Daniell Greenough preferd a petition to to this house
Eod™ Die. A vote of this house in X"" 1721 relating to Isaac Green of Hampton, relating to his Imprisonm' at Newbury on ace' of Rates was read.
In the house of Representatives.
Voted, y' y*' s'' Isaac Green have the allowance then given him and y' the select men of the Town of Hampton make an assesmcnt for y® same on s'' Town.
Jas Jeffry Cler. Ass™ [p. 339.] Fryday August y« 17, 1722, p. m.
Benj^ Akarman Petitioned this assembly for an allowance of seven pounds for his service in y® yeare 1721. Eod™ Die — In the house of Representatives
Voted, it be allowed and paid him out of ve Treasury
Jas Jaffry Cler Ass™
A message from the Board that Green and Akarmans voats are concured with.
Then the house adjourned to Satlmrday August 18"^ a. m. nine o'clock.
172-2.] JOURNAL OF THE HOUSE. 327
Satliurday August 18'^ 1722 a. M. the house met accord- ing to adjournment.
Present Mr Speaker Weare. Coll John Plaisted
Ja* Davis ^
Jotham Odiorn Andrew Wiggans John Gillman Sam" Eastman
Capt John Downing Sam" Tibhets J> Esqrs Tim" Gerrish W" Fellows ■ John Gillman Mr. Eaphr^^ Dennit John Redman John Sandburn Theo Atkinson
Irt the house of Representatives. Voted, That all privat ccntinells Imprest in this Province shall have forty shillings pr month wages for theire service Don in this Province for two years next ensueing.
Ja^ Jeffry Cler Asse"'
Samuell Eastman Esq took out his Debenture from y® 20'^ June 1721 to this Day for 27 Days.
Eod™ Die. Upon Reading y® vote relating to Isac Green, Mr John Redman enters his Descent ag* it.
[p. 340.] Saturday August 18'" 1722 a. m. In the house of Representatives.
Resolved that y* hearty thanks of this house be given to the hon'''* the L' Gov"" for his good care of the Province in Providing and keeping out scouts & in viewing & taking care of the out Garrisons and humbly prays his hon"" to con- tinue the like good care. And that Coll James Davis Sam- uell Estman Maj-" John Gillman Esq & Capt Jim" Gerrish be a commitee to present this vote and the thanks of the house.
Jas Jeffry Cler Ass"'
Eod™ Die. The comittee for Drawing up y° instructions for y® Gen* that are to waite upon y*^ Govern"^ according to the vote yesterday made theire return Avhich was read & amended and sent up for concurrence.
Jas. Jeffry Ass""
Eod'" Die. Y^ same Bro't Down againe and nonconcur'd
328 PROVINCE OF NEW-HAMPSHIRE. [1722.
with and another voate Bro* Down from y'' Board relatmg to the same business, was read and concnrd w*^. [See Journal of Assemljly, p. 52.]
August f 18"^ 1722. [p. 342.] The L* Gov"" sent for the house up to the Bord.
Mr Speaker and the house went up accordingly: and was Prorouged to Wednesday the 29"^ iiist.
"Wednesday y° 29"" August the house met according to adjournment.
P'sent Mr Speaker Weare. Coll John Plaisted Capt William Fellows
James Davis ' John Downing
Jotham Odiorn "^ John Gillman
Andrew Wio-gans I ^ Tim° Gerrish
Sam'i Eastnian f ^"^^^^'^ Sam" Til)bets
John Gillman J J\Ir John Redman
John Sandburn Eaphr^ Dennit Theo Atkinson
A message by y® cler con. that his lion'' y° L* Governor Directs this hon''^® house to attend him in the Councill Cham- ber.
Mr Speaker & the house went up accordingly.
The L' Gov"" made a speech to them and then returned to the house againe.
And the clerk the clerk con. Bro' Down the speech in writing : viz,
[See Journal of Assembly, p. 54.]
Mr Geo Jaffrey was sent Down mth the Gov''^ letter and Read it. The substance whereof was y' the Gov"" expected our Qiiota ready to ship on Board IMr Prats vessell now bound to the Eastward & Provisions &c.
A Petition of the Representatives of the Town of Dover in Behalfe of said Town Relating to theire Gramer Schoole was Bro* Down from the board with a vote on it past there the Petition was read in the house and ordered to ly under consideration. Then the house adjourned to thursday, Au- o-ust 30"'
I
17-22.]
JOURNAL OF THE HOUSE.
329
Thursday August y'^ 30'" a. m. The house met according to adjournment. P'sent Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn Samuell Eastman Andrew Wiggans John Gilhuan
> Esqrs
Capt John Downing John Gilhnaii Sam" Tibl)cts Tim° Gerrish W™ Fellows Mr John Redman John Sandburn Eaplf Denuit Theo Atkinson Voted, that a bill be drawn up for encouragment of Yol- lun*^ & Souldiers of this Province ag* the Indian Ennemy, & that a Comittee of this house be Chosen to Joyn with a Comittee of the upper house for Drawing up a Bill accord- iniiiv.
Sent up for Concurrence. August 30, 1722 [p. 344.] August ye 30* a. m.
The Dover Petition was Read tt Concurred with, Provided they keep a Schoole for writeing & arithmetick ; & Sent up. A letter was Read from his Exilencie, Expecting 50 Soul- diers & officers, and that the Treasurer be ordered to Supply with Provisions for y" Eastward.
Resolved, that no men be supported by this Government in the Eastern Country, for the Reasons Rendered in the Answer to the hon''"^ the Liu' Gover' Speech to this house Aug* 17, 1722.
A Petition of Danicll Grcenough & others agt Jotham Odiorn Esq, was Read in the house put whether the Petitioners should
Petition or not. It past in the affirmative, to be heard the Second day of the Sitting of the next Sessions, and that y^ Clerk of the Assembly Notify y'^ p'sons concerned accordingly. Then the house adjourned for two hours.
Thursday August 30, p. m. the house met according to adjournment. A vote Bro* Down from y® Board.
In Councill August y^ 30"' 1722.
Voted, That a Block house be forthwith Built at Wini- pishokee Pond, at such place and in such form as a Com-
The Question being be heard upon theire
330 PROVINCE OF NEW-HAMPSHIRE. [1722.
ittce to be appointed for y* End shall Direct, for the Annoy- ance of the Indian Enemy in those parts. And that a Comittee of both houses be appointed to make an estimate of the Charge in order to have the Same allowed, and Voted which Comittee for makcing the estimate on the part of the Board are Coll. Plunking & Coll Walton.
R. W. Cle. Con.
Eod™ Die. In the house of Represent. Read & Concur- red with, and Voted, that Coll. James Davis & Cap' Tim" Gerrish be a Comittee of this house to Joyn with the above Comittee for the end aboves''
J J C As°» [p. 345.] August 30"' 1722.
The Vote for encouragement of Volluntiers & Souldiers &c. Came Down Concurred with, and that George Jaffrey & Richard Wibird Escf^ appointed from the Board to Draw up a Bill accordingly. Eod. Die. In the house of Representatives.
Voted. That Cap' William Fellows & W Theodore At- kinson be of the Comittee from this house to Joyn with the above Comittee for the end aboves*^
Then the house adjourned to fryday y* 31, August, a. m.
Fryday August 31*' 1722 a. m.
The house met according to adjournm* Present, Mr. Speaker Weare.
John Plaisted James Davis Jotham Odiorn
Andrew Wiggans John Gilman Sam" Eastman
Caj)' John Downing John Gillman . -r. W™ Fellows
}■ ^^-l^'^ Timo Gerrish Sam" Tibl3ets M"^ John Redman Theo. Atkinson John Sandburn Eaph'' Dennit. Eod™ Die. The act for Exempting the Town of Dover from y® Penalty in y'= act Relating to Gramer Schooles read three times and past to be enacted. J J C A.
Eod"" Die. The Comittee for Estimateing the charge for Building a block house at "Winipissiokee Poiid made their Report.
1722.]
JOURNAL OF THE HOUSE.
331
That it would cost to build Said fort fifty foot Long and forty foot wide, fifteen foot without and Eight foot high within al)Out £300.
Eod" Die. In the house.
The Question being put whether to build said Block house or not.
It past in the affirmative. J J C A.
[p. 346.] August 31, 1722.
In the house.
A Vote for the Millitary comission officers in y® Respective Towns witliin this Province be a comittee of Millitia for ordering all things referring to the Building and Letting of Garrisons and appointing the Inhabitants severally thereto &c.
Then the house adjourned for two hours.
Fryday August ye 31, 1722 p. m.
The house met according to adjournment all present. The Question being put whether the Ten pounds aded to Boston act for scalp money pass or not.
It past in the negative.
Then the house adjourned to Saturday 7*^"^ y'' ist 1722 a. m.
Sathurday September the first a. m. The house met according to adjournment P'sent Mr. Speaker Weare.
John Plaisted James Davis Jothani Odiern Samuell Eastman Andrew Wiggans John Gillman
> Esqrs
Capt John Downing John Gilman Sam" Tibbets Tim° Gerrish W" Fellows Mr. John Redman John Sandburn Theo Atkinson Eap. Dennit Eod"" Die.
The vote for the encouragement of Killing and Takeing Indians was Read & past nemini contradicente. Eod™ Die.
Voted that ye millitary comission officers in y*^ Respective Towns within this Province be a comittee of Millitia for ordering all things referring to the Building and setling garrisons.
Sent up for concurrence.
332 PROVINCE OF NEW-HAMPSHIRE. [1722.
[p. 347.] Sathurday 7"^ the first 1722. In the house, &c.
Voted that the Report of the Comittee for Buikling a Block house at Winisiokce Pond be accepted witli this amendment That the s*^ Bh^ck house or fort be built fifty foot square, and that the comander in cheife be desiered to Provide one hundred & fifty men at Least for y' service including the Laborers. And y* it be begun as soone as conveniently may be, and y* y" Treasurer supply the men accordingly.
J J C. Asm
A Message from the Board By Mr Treasur'' Geo Jaffry & Richard Wibird Esq. signifying that what was ordered for suply into the Treasury is expended and that a further order for subsisting be taken into consideration Li the house &c.
Voted, That foure hundred pounds be paid the Treasu'' of this Province for y** subsisting the forces y* shall be Imployed Li Building y*" Block house voted to be Built at Winipisiokee & for furnishing with Provision & amunition such volunteers as shall obtaine y'' approbation of the comander in chiefe for the time being.
J J C As^
A message by the Cler Con. that the above vote is con- cur'd, and y' y*^ Bill of this house entituled an act to En- courage y*^ Prosecution of the Indian enemy <fc Rebels was concur' d
And also y*" Bill for Building y'' Block house at Winipissio- kee Pond was concurred.
And also y*^ Bill in addition to the act for Regulating the millitia concur'd and all ready for signing
[p. 348.] 7-^ r 1'' 17'-22.
In the house &c. Voted, Tliat the MiUitary coniission officers in their Re- spective Towncs within this Province be a comittee of mil- litia for ordering of all things referring to the Building & Setling of Garrisons ; as they or the maj. part of them shall see occasion. And the several Inhabitants are hereby Required to yield Due obedience to the orders of the said comittee on Penalty of a fine of five shillings pr day for every daycs refusall. And upon Refusall of payment of such fine he or they shall forthwith by warrant from y*" comanding officers of y'^ company to which he or they belong. Directed
1722.]
JOURNAL OF THE HOUSE.
333
to the clerk thereof, be forthwith sent to his Maj"''* Goal at Portsmouth there to Renr"* iintill the fine be paid and all charges accruing thereon.
Sent up for concurrence.
Concurr'd with as before. J J C A
A message from the Board hj the cler con
That the house appeare at the Board.
Mr Speaker and the house went up accordingly and the assembly was Prorouged to the eighth of October next.
Coll Weare took out his Debenture 34 to y° G"^ 7^ 1722
Munday the 8^^^ of S"" 1722 the house met according to adjournment.
Present Mr Speaker Weare.
James Davis Jotham Odiorn John Gillman Andrew Wiggans John Plaisted
Capt William Fellows John Downing > Esqrs John Oilman
Mr John Redman John Sandburn Eaph"" Dennit Theo Atkinson [p. 349.] 8-^ y« 8"' 1722.
A message by y® clerk for the house to appeare at the Board.
Mr Speaker and the house went up accordingly and was prorouged to the 17"' inst.
Wednesday 8'' y® 17"^ 1722. The house met according to Prorogation. Present
Mr Speaker Weare
John Plaisted Jotham Odiorn John Oilman Sam" Eastman Andrew Wiggans
Capt John Downing Tim° Gerrish )> Esqrs Sam" Tibbets W" Fellows John Gillman ]\Ir. John Redman John Sandburn Eaph'" Den net Theo Atkinson
334
PEOVINCE or KEW-HAMrSHIRE.
[1722.
A message from the L' Gov'' by M"" Cler Waldron that the house attend him at the Board.
Mr Speaker and the house went up accordingly Where they rec" the Liu' Govern^ speech which was sent down to to the house imediatly.
[See Journal of Assembly, p. 60.] [p. 351.] In the house &c
Voted That Coll John Plaisted Andrew Wiggans Esqr Capt W'" Fellows & Mr Theo Atkinson be a comittee of the house to answer the Liu* Gov"^^ speech and present to this house for approbation. J J C A.
Then the house adjourned to Thursday 18"> 8'^ 1722 a. m.
Thursday S-- the W 1722 a. m. The house met according to adjournment. Present Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn Andrew ^Viggans John Gilnian Samuell Estman
> Esqrs
1 Capt John Downing
W"' Fellows Sam" Tibbets Tim" Gerrish John Gillman Mr John Redman Mr Eaijh'- Dennit John Sandburn Theo Atkinson.
[p. 352.] Thursday 8-^ y« 18"^ 1722.
The comittee for answering the Liu* Gov''^ speech made theire return which was Read & accepted & Resolved to be sent up.
[See Journal of Assembly, p. 02.]
[p. 353.] 8' 18th 1722.
The answer to the L* Gov" speech was sent up.
The matter of Capt Frost & Greenoughs Petition ag* Jo- tham Odiorn Esq was Bro* forward.
The Parties Caled.
Capt John Frost Capt Danicll Greenough and ]\Ir Jo^ Simpson appeared and produced several evidences to make good the complaint in theire Petition.
The evidences being read and Parties heard and the mat- ter Debated,
And put to vote whether s*^ Odiorn was legally chosen or not. It past in the affirmative, and
1722.]
JOURNAL OF THE HOUSE.
335
Resolved tliat s'^ Jotham Odiorn Esq was legally chosen a Representative for the Town of New Castle, and Reconducted to his place againe.
Then the house adjourned to frjday 8"' y^ 19'"^ 1722.
Nine of the clock a. m.
Fryday 8'' y* 19"^ a. m. The house met according to ad-
journment.
Present Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn John Gill man Samuell Eastman Andrew Wiy-o-ans
> Esqrs
Capt John Downing John Gillman W" Fellows Tim° Gerrish Sam" Tibbets Mr John Redman John Sandburn Theo Atkinson Eaph"" Dennet
In the house of Representatives.
Resolved that the established wages for all officers & soul- diers in the service of this Province & Don in this Province for two years now next ensuing from y^ 17'^ of August last past shall be [p. 354.] For a capt* seven pounds pr month .for a Liu' foure pounds for a serg* & clerk each fifty-eight shillings for a corporall forty-five shillings for a cent* forty shillings. Aug' y« 19"^ 1722. J J C A.
Sent up for concurrence.
Eod™ Die. A message from the Board by y* clerk con.
That the above voat was concured with.
In the house of Rep'"
Resolved That the Treasurer be sent for and ordered to bring in his accompts what he hath paid and what money he gives the Province credit for since his last ac' made up in 1721. J J C A.
Then the house adjourned to two o'clock p. M.
Fryday S"" y* 19'^ 1722 , the house met according to adjor" all present as in the morning
Then the house adjourned to Saturday S"" y'' 20"' a. m.
336 PROVINCE OF NEW-HAMPSHIRE. [1722.
Saturday 8'' y*" 20''' 1722. the house met according to adjor".
P'sent Mr Speaker Weare. John Plaisted "^ Cap^ John Gillman
Jotham Odiorn | Tim° Gerrish
Samuell Eastman I ^^ ^.^ W'» Fellows Andrew Wiggans [ ^ John Downing
John Gillman Mr. John Redman
James Davis j John Sandburn
Theo Atkinson Eaphr^ Dennit Samuell Tibbets. Eod" Die.
Voted that John Plaisted Esq. Capt William Fellows Mr Theodore Atkinson & Mr Clerk Jeffrey be a comittee of this to examin the Treasurers ace** from May 1721 and the Prov acc'^ and state them in the best manner they can, That it may be known how the state of the cash in y" Trea- sury stands and make theire return to this house Munday next. J J C A.
[p. 355.] Sathurday 8-^ y« 20"' 1722. Eod™ Die. In Councill.
Voted. That a comittee of both houses be appointed to examine the Treasurers acc*^ from the month of July 1721 & Report to the gen" Assembly the present state of the Treasury & y* Mark Hunking & George Jaffrey Esqrs to be ■ of y® Comittee from the Board for the service above
RWC C Eod" Die.
In the house of Representatives Read and Eod"' Die A Bill read for making an act ag* psons selling without License Read & sent up for Concurrence. Then the house adjourned to Munday 3 o'clock p. M. Munday 8"^ y" 22'^ The house met according to adjornm^ P'sent Mr. Speaker Weare. John Plaisted Capt John Downing
John Gillman \ ^ ^ W™ Fellows Andrew Wiggans \ ^ Tim° Nerrish
*c&
Mr John Redman John Sandburn Theo Atkinson Eaph'' Dennit
1722.]
JOURNAL OF THE HOUSE.
337
The comittee for examining llic acconipts not being ready to make theire return the house adjourned to Tuesday 8"^ y*" 23<^ 1722 A. M.
Tuesday S"" y^ 23'^ 1722, a. m. the house met according to adjournm'
Present Mr. Speaker Weare.
John Plaisted Jotham Odiorn Jas Davis Sam" Eastman John GiUman Andrew Wisr^ans
> Esqrs
Capt John Downing John Gilhnan W"^ Fellows Tim° Gerrish Sam" Tibbets Mr John Redman John Sandburn Theo Atkinson Eaphr'' Dcnnit.
[p. 356.] Tuesday 8^ y« 23^^
Voted. That the bonds for the 15001b lying in the former speakers hands be sent for & Lodged in the hands of a pson appointed by this assembly. J J C A.
& ordered that Capt Tim" Gerrish & Capt John Gillman be sent from this house for them. J J C A.
Eod™ Die. the above two Gen* Bro' the bonds being twelve in number and Gave them the Speaker.
Then the house adjourned for two hours p. m.
Tuesday 8'^ y'= 23*^ 1722 p. m. the house met according to adjournni'
The comittee not being ready to make theire return
The house adjourned to Wednesday 8'^ y* 21'^ 1722 a. m.
Wednesday 8' y* 21"' 1722 a. m. the house met according to adjournment.
Present Mr. Speaker Weare.
> Esqrs
Capt John Downing John Gillman W" Fellows Tim° Gerrish Sam^i Tibbets Mr John Redman John Sandburn Theo. Atkinson Eaph'^ Dcnnit. The house adjourned for two hours. 22
John Plaisted James Davis Jotham Odiorn John Gillman Andrew Wiggans Sam" Eastman
338 PROVINCE OF NEW-HAMPSHIRE. [1722.
"Wednesday S"" y^ 24"' 1722 p. m. the house met according to adjournment, all Present as in the morning.
Voted that Jotham Odiorn Esqr and Mr Theo Atkinson and Mr Eaphr^ Dcnnit be a comittee of this house to Joyn with a comittee of the upper house to examine the Muster Roles of the souldiers in the service this last Sumer in order to be laid before this house for allowance. J J C A.
[p. 357.] 8' y« 24"^ 1722 p. m.
The comittee for Examining the Treasurer & Province acc^* made theire Return to this house a copy of which lies on file. In the house Voted, the said Return be accepted and the accompts allowed. J J C A.
Then the house adjor'' to thursday y^ 25''' 1722 a. bi.
Thursday 8'' y" 25"' 1722 a. m. The house met according to adjournment.
Present Mr Speaker "Weare.
John Plaistcd Jotham Odiorn Andrew Wiggans John Gillman Sam" Estman
Capt John Downing John Gillman J> Esqrs Tim" Gerrish Sam" Tibbets W" Fellows Mr. John Redman John Sandburn Theo Atkinson Eaph Dennit
Eod'" Die. The act for the excise amended & sent up.
Eod'" Die. The act^ returned by the comittee was sent up.
Eod'" Die. In the house &c.
Voted that two hundred paire of Snow Shoocs & so many paire of mogusoons be forthwith provided & made at the publick charge Each Town in this Province to make their Proportion according to theire Last Province Tax. And y* y® select men in each Town take care the same be Don and Rate each Town and pay for the makeing thereof and y' y" care of them be under the chief millitary officer in each Town and that they shall not be used at any time but for his Maj'ties service, nor Lent. Sent up for concurrence
J JC A.
I
1722.]
JOURNAL OF THE HOUSE.
389
[p. 358.] Thursday 8-" y« 25, 1722.
A message from the board for theire voat of y^ 20'*^ past Relating to a Comittce of that Board to Joyn with a com" of this house to examiii the Treasurers ace'* which vote was read and non concurred.
Eod'" Die. In the house of Representatives
Resolved, That it is the undoubted Right of this house to examine & allow the Treasurers accompts.
J J Cler ass" Eod'" Die.
Voted that y« £5384 ordered to be Imprest, May y° 7"' Last past be Bro* into this house by the comittee that signed the same — in order to be put into the hands of Trustees to be appointed for y* end according to s** vote of May y® 7"^ for the exchanging the same.
J J C A.
The above vote sent down Blank from the Board pr Mr. Jaffrey.
Then the house adjourned for two hours.
Thursday S"" y" 25*'' 1722. p. m. the house met according to adjournment all present as in y® morning. In the House of Representatives.
It is the opinion of this house that the vote sent up this Day relateing to the X5384 — is consonant to the act Relate- ing to the same and alsoe to the Gov"^ comiss°, the above opinion sent down Blank pr m'' Jaffrey. J J C A
Then the house adjourned to fryday 8'' y'' 26"" a. m.
[p. 359.] Fryday 8^ f 2G«' 1722 a. m. The house met according to adjournment Present Mr. Speaker Weare.
John Plaisted Jotliam Odiorn John Gillman Samuell Estman Andrew Wiggans Capt John Downing William Fellows
Capt John Gillman Tim° Gerrish Sam" Tibbets ^ Esqrs Mr. John Redman John Sandburn Theo Atkinson Eaphra Dennit.
340 PROVINCE OF NEW-HAMPSHIRE, [1722.
Mr. Justice Eastman tooke out his Debenture from y*^ 1*' May 1722, to this day 36 Dayes in all
Eod™ Die — The Question being put whether the three Towns viz, Portsmouth, Hampton & Exeter shall have Trus- tees for y^ X5384 or in Portsmouth only.
It past for the three towns.
Eod'" Die. Voted that the £5384 appointed to be Lodged in Trustees hands for exchanging be Lodged part in Ports- mouth part in Hampton and part in Exeter for y' end in psons to be nominated by both houses one thousand pounds in Hampton, and one thousand in Exeter and the rest in Portsmouth.
J J C A.
Eod'" Die a message y^ vote is concurred with Tlien The house adjourned for two hours.
Fryday S"^ f 26'^ 1722 p. m.
The house met according to adjournment all present as in the morning — And the comittee for auditing the muster Roles made theire Return.
[See Journal of Assembly, p. 68.]
[p. 360.] 8' y« 26 1722 In the house of Representatives. Resolved. The above ac'' of the Muster Roles returned by y® comittee of audit be allowed the severall sums entered ag* the officers names. J. Jaffry CI. Ass™
[p. 361.] In the house of Representatives.
Capt Sam" Tibbets ace* £ : 15
Capt John Gilmans ace** X2 : 15
Capt Tim° Gerrish & two others <£8 : 6
Capt Jas Davis & Doctor Alden £6 : —
An ace' for Coll Waldron <£9 : —
£26 : 16 : — 8-^ f 26, 1722. In the house of Representatives. The above ace* being referred to the Assembly Resolved that the above ace' be allowed as the sums are set off ag* y*^ names. J J C Ass""
In Councill 8'- y^ 26, 1722. Voted that mark Hunking, George Jaffry & Richard Wi- bird Esqrs be of the Trustees from the Board for receiving that part of the five thousand three hundred eighty foure
1722.]
JOURNAL OF THE HOUSE. 34l
pounds which is to be Lodged at Portsmouth for exchanging the old out standing Defaced Bills.
Rich'^ Waldron Cler Con. Eod-" Die.
In the house of Representatives, read & concurred — and Voted— That Coll John Plaisted Capt Joshua Pierce, Mr Eaphraim Dennit be of the Trustees from this house to Joyne with the Gen** above appointed for y' end.
J J C Ass*" Eod-" Die.
Voted y* Coll Peter Weare be of the Trustees of this house for y* part of y'' live thousand three hundred 84 pounds to be Lodged in Hampton & Maj"" John Gillman be of y** Trustees for the Town of Exeter for y'' service above. Sr 26, 1722. Li the house of Representatives, [p. 362.] Voted that all the men under the comand of Capt John Penhallow at Arrowsowick be made up thirty two shillings pr month for all the Time they were in y" service, and the Deserters y'' same wages of thirty two shillings pr month for the Time they were in the service and nothing more to Capt Penhallow and to Lt Lad 10s per month added to what was allowed before. J J C A.
[p. 363.] Sathurday 8-- f 27*^ 1722. a. m.
The house met according to adjournment all present But Coll Davis.
Memorandum— That the Bonds Relating to y' 1500 lb Loan & 230 lb besides in all 1730 lb thirteen bonds are de- livered by the psent speaker to Coll John Plaisted for safe keeping. Eod-" Die.
In the house of Representatives. Voted — That the sume of five hundred thirty eight pounds eleven shillings and three pence be paid into the Treasury of this Province by the comittee y* signed y" X2800 for the payment of the muster Roles and acc'^ allowed by y® gencrall assembly 8' y« 26 1722.
And that it be ])'' to the scverall officers & psons as the sums are carryed off against theire names & y' y*' comander in chiefe for the time being be desired to Issue out his War- rant accordingly. Eod'" Die. A message y* above voat concurred with.
342 PROVINCE OF NEW-HAMPSHIRE. [1722.
Eod'" Die.
In the house of Representatives. Voted — That his Excellencie y*^ Goveniour be presented with one hundred pounds to be paid him out of the Treasury for his support in mannaging y*^ affairs of y^ Goverm* to 8' y* l«t 1722.
Sent up for concurrence. Eod™ Die.
Resolved, that y® sume of one hundred pounds be paid out of y* Publick Treasury to his Hon'' y* Lift Gov'', for his great care & speciall service Don this Province.
J J C Ass°^
[p. 364.] 8^ y^ 2T, 1722. An ace* of Mr. Smales for 25s for 2 years. Last past be allowed .£1:5
Li council 8-^ y^ 27"^ 1722.
Voted That Mark Hunking George Jaffrey & Richard Wibird Esqrs be of the Trustees from the board. to joyn with soe many of the house to receive the five thousand three hun- dred eighty foure pounds in equall parts for exchanging the outstanding bills according to the Tenor of y® act.
R W C Con. Eod™ Die. In the house of Representatives.
Read & concurred. Voted— That Coll Peter Weare Coll John Plaisted & Maj' John Gilnian be of the Trustees from y® house (to joyn with those chosen by y* Board) to receive in Equall parts with them y* £5384 for exch^ the old outstanding Bills ac- cording to the Tenor of y® act.
J J C A. Sent up for concur® In the house of Representatives,
[See Journal of assembly, p. 74.] [p. 365.] Eod™ Die.
Mr. John Penhallows Muster Role allowed to the sume of £125 : 3 : 8. Eod"" Die.
In the house of Representatives. Voted — That Andrew Wiggans Es([r Mr Theodore Atkin- son be a comittee of this house to joyn with the cpmittee
^^^oo.] JOURNAL OF THE HOUSE. 343
of the upper liouse to Draw up the act for Emitting two thousand pounds. J J 0 A.
Eod-" Die.
In the house of Representatives. Voted— that the souldiers belonging to Castle William and Alary Receive theire wages allowed at two severall pay- ments the one halfe in march the other halfe in October & so
De anno in annum. n \ ,,m
Jas Jeffry C Ass".
Pp. 3G(3.] 8-^ f 27^'^ 1722.
In the house of Representatives. Voted— That foure hundred eighty six pounds eight shil- lino-s & nine pence be Delivered the treasurer by y« comittee y' sio-ned the two thousand eight hundred pounds lor pay- ment of the allowance of Mr Penhallows addition to his muster Role and aecompt allowed Mr Small s-^ sum being y'' Ballance of s*^ sum of £2800 and if any over plush to rem^
in the Treasury till further order. , -r ^ *
J J C A.
Eod'^^ Die in Councill Read & concur'd By a message per Mr Clark Waldron.
Then the assembly was Prorouged to yMO'^ 2^'' next
Coll Ja' Davis took out his Debenture to this Day.
Capt Tibbets Do Debenture to Do
Mr John Redman Do Do to Do
Mr John Sandburn Do Do to Do
[p. 367.] Munday X' y*^ 10'>^ 1722. The house met according to Prorogation. Psent Mr Speaker Weare. John Plaisted Capt John Downing.
Jotham Odiorn ^ Tim° Gerrish
James Davis > Esqrs W'" Fellows
John Gillman J Mr. John Redman
John Sandburn Theo Atkinson Eaphr Dennit Capt John Gillman Mr Treasurer Penhallow came to the house & gave the house to understand that his occassions Required him to goe to Great Brittaine & as the assembly had comitted the ± rov-
34:4 PROVINCE OF NEW-HAMPSHIRE. [1722.
ince Records into his hands as recorder he hope they'd now chuse a met p'son for y' office and Discharge him and alsoe that he was Ready to make up his accompts as Treasurer Eod™ Die
In Councill X-" y« lO*"^ 1722
For as much as Mr Treasurer Penhallow has Represented to the board y* he is about to Leave the country & therefore prayed to be Discharged of the records of this Province of New Hamp''''
Voted — That Mark Hunking Esqr be the record'' of this Province & y' all the*books of records files of papers belong- ing thereto be fortw'^ delivered into the hands of the said Mark Hunking Esqr he giving a rec* for y° same & taking an oath for the faithfull execution off y® office.
R W C Con
Nothing Don on this voate.
[p. 368.] X-- the 10"> 1722.
In the house of Representatives, Resolved, that Mr. Treas- ur"" Penhallow be notyfied to Lay his accompts before this house forthwith in order to be adjusted. J J C A.
A message from the Board by Mr. Clerk Wald° for the house to appcare at the Board for a conference relateing to the Treasurer accompts
And the house went up accordingly and returned.
And these Questions Disputed in the house whether a co- mittee of this house shall be Joyned with a comittee of the upper house for adjusting the Publick accompts & whether an express be sent his Excell^'.
To the first : altlio it is the undoubted Right of this house to adjust the Treasurers accompts yet considering the ex- traordinary occasion. It past y' a comittee of Both houses be chosen for y' end at this time to settle from what has been Don already by y" comittee of y*^ last sessions.
Voted — That a comittee of this house be chosen to joyne with a comittee of y*' upper house for adjusting the Treas- urer accompts before he goes off, & y' Coll John Plaisted, Capt. W™. Fellows, Mr. Theo Atkinson, Mr. Eaphraim Den- nit & Mr. Clerk Jeffries be of y*^ comittee from this house for y* end & y* an cx])ress be sent his Excellencie to call the assembly Imediately to sit again for adjusting & Discharging &^ accounts
Sent up. J J C A.
1722.] JOURNAL OF THE HOUSE. 345
[p. 3G9.] Eod™ Die. The Question being put whether the Recorder should be now chose, or when the Assembly meet againe.
Its ordered the matter of the recorder ly under Consider- ation untill the Assembly meet againe.
Then the L' Gov"" sent for the house.
the house went up accordingly and was prorouged to the 10"" february next. And to meet againe thursday next, X'' 13—1722.
December the W 1722.
Province of New Hampshire X'' 13, 1722.
Whereas the Gennerall Assembly of this Province stand Prorouged to the 10'^ day of fcbuary next, & his Maj"''^ Ser- vice, and the pressing affairs of this Government Require as- peciall Sessions at this time.
Ordered that the Clerk give Publick Notice to the mem- bers of the house of Representatives that they give theire at- tend-'' in Gen" Assembly this Day at 3 a Clock afternoone for his Maj"''* Service
Richard Waldron Cler. Con.
According to the above order the house mett. Psent Mr. Speaker Weare. Jotham Odiorn
John Plaisted Cap* Samuell Tibbets
John Gillman W John Redman
Cap. John Downing John Sandburn
Tim" Gerrish Eaphr'' Dennit
John Gilman Theo Attkinson
Wm. Fellows [p. 370.] Thursday X^ y« 13"> 1722.
In the house of Representatives. Voted — That the Return of the Auditors on M'" Treasurer Penhallows ace' be accepted and that the accompt be allow- ed.
James Jeffry Cler. Ass'", [p. 371.] Thursday X' y<^ 13*'' 1722.
That Since ^M"" Treasurer Penhallow hath made up his ac- compts with the Province and Is going off, so y' y*" Treas- urers Place is vacant The Question being put for some pson to goe up to the Board to know whether there is a new
S46 PROVINCE OF NEW-HAMPSHIRE. [1722.
Treasurer appointed And whether he is Quallifyed by any Comission And Giving Security by Bonds.
Jothani Odiorn Esq"", and Cap* WilliaAi Fellows went up with tlie above message.
Eod™ Die. The vote of the Councill of the 10"^ Inst, re- lateing to a recorder was Read And non-concurred with, & sent up.
The Messengers Returned and Bro' answer that the L* Governor & Councill were of the mind that it was Reason- able that the Treasurer should give Security.
And that Security shall be given.
Eod" Die. -
In the house of Representatives.
Yotcd — That Coll. Mark Hunting be the recorder of Deeds for this Province, and that all the bookes of Records & fyles of papers belonging thereto be fortliw^'^ Delivered into his hands, he giveing a receipt for the same and take an Oath for the faithfull Discha. of his office.
James Jeffry, Cler. Assem.
Sent n\) for concurrence.
Eod™ Die. In the house of Representatives
Voted That John Plaisted Esq., Cap*. William Fellows & M* Eaphraim Dennit, be of the Comittee from this house to Joyne with a Comittee of the upper house to take the Stores that are left in the Treasury and Deliver them to the New Treasurer. Sent up &c.
James Jeffry Cler. Assem.
[p. 372.] Thursday X-" y^^ 13, '1722.
Voted— That John Plaisted Esq% Cap* William Fellows, M"^ Eapliraim Dennit, Jotham Odiorn Esq'" & M"" Theodore Atkinson l)e a Comittee of this house to Joyne with a Co- mittee of the upper house to take the records & files thereto belonging, from M"" Recorder Penhallow & Deliver them Coll. Mark Hunking takeing his rec* for the same.
James Jeffry, Cler. Ass™.
Sent up for concurrence.
Eod'" Die.
In the liouse of Representatives.
Voted — That the Recorder of Deeds for this Province be chosen every three years att the Spring Sessions — from the next Spring Sessions.
Jas. Jeffry, Cler. Ass"".
Sent up for concurrence.
2722.] JOURNAL OF THE HOUSE. 347
A message from the Bocard by M'' Clerk Waldron that the voate for chuseing a Recorder every three years was concur- red with, and the voat for the Comittee to take the Stores from the Treasury. „ , r ^i w n
A message by George Jaifrey Esq^ & M-" Cler. Waklron that the Speciall Sessions is ended, and the Assembly now stands prorogu'd to the 10* of febuary, and from thence to the Munday seven Night after^ ^^^__
Cap' Tim° Gerrishs Debenture to this Day. 36 Dayes.
Cap* Sam" Tibbets Do — to — Do 45 Do
]\P Eaph-- Dennit Do — to — Do 63 Do
Cap* W™ Fellows Do — to — Do 39 ' Do
John Plaisted Esq-^ Do — to — Do 39 Do
Jotham Odiorn Esq. Do — to — Do 77 Do
[p. 373.] Munday y** 18 Feb^
The house met according to Prorogation. Present Mr. Speaker Weare. John Plaisted ") Capt John Downing
Mai'- Gilman 1 ^^^,^,^ W'"^ Fellows Jaines Davis f ^^'^^ John Gillman Jotham Odiorn J Mr. John Redman
John Sandburn Eaphr^ Dennit Theo Atkinson. The house was sent for up to the Board and the LtGov made a speech a copy whereof was sent Down. [See Journal of Assembly, p. 80.] The house adjourned to Tuesday y^ nineteenth a. m.
[p. 375.] Tuesday Fel/ y*^ 19*^ 1722-3 a. m.
The house met according to adjournment Present Mr. Speaker Weare John Plaisted ^ Capt Will Fellows
James Davis | John Downmg
Esqrs John Gillman
Jotham Odiorn John Gilman Andrew Wiggans
Mr John Redman John Sanliurn Theo Atkinson Eaph'=' Dennit Capt Sam" Tibbets
348 PROVINCE OF NEW-HAMPSHIRE. [1722.
Voted that a committee be chosen to answer the L' Gov- ernor^ Speech, and that Coll John Plaisted Capt William Fellows & Mr Theo Atkinson Coll Davis Maj. John Gillmau Capt Andrew Wiggans be of s'^ comittee
Jas Jeffry Cler Ass™
Voted — That Jotham Odiorn Esq Mr. Ea: Dennit be of the comittee of this house to joyn with a comittee of the upper house to tell over the money now to be Burnt.
Jas Jeffry Cler Ass""
Eod™ Die They returned and Bro* in and Burnt in the face of the assembly three hundred twenty one pounds of the fifteen thousand pound Loan & y® Grand comittee is Discharged of s'' sum.
Jas Jeffry Cler Assembly.
The comittee for answering the L* Gov'' Speech returned with theire answer which was read.
Then the house adjourned for two hours p. m.
The house met according to adjournment all present as in the morning.
The answer to y® L* Govern" speech was read and sent up. [See Journal of Assembly, p. 82.]
[p. 377.] Tuesday Feb. 19'^ 1722-3
A vote of the upper house came down. That Geo Jaffrey & Mr Clark Waldron should be of the com" from the Board to joyn a comittee of the Lower house to draw an address to his Maj*''^ on his Late happy deliverance &c Eod"> Die
Li the house of Representatives Voted —
That Jotham Odiorn Esq. & Capt William Fellows be off the comittee of this house to joyn with those of the upper house to form an address to his Maj"^
J JC A.
A petition of James Gate was read. That Jeremy Lare who was hired by s'^ James Gate to serve in his room to scout the frontiers under the comand of Capt John Gillman being omitted in the h^ Capt* Muster Role prays he may be allowed therefor. Voted that he be allowed centinels pay for thirty three days service and paid out of ye Fublick Treasury.
Jas Jeffry Cler Ass" Sent up for concurrance. Then the house adjourned to Wednesday the 20 a. m.
John Gillraan Andrew Wiggans
1723.] JOURNAL OF THE HOUSE. 349
Wednesday y* 20'*^ Febuary a. m. 1722-3
The house met according to adjournment. Psent Mr. Speaker Wearc. John Plaisted "^ Capt John Downing
James Davis AV'" Fellows
Jotham Odiorn )> Esqrs John Gillman
Sam" Tibbets Mr. John Redman John Sandburn Eaph''^ Dennet Theo Atkinson [See Journal of Assembly, p. 84-85.]
[p. 378.] Then the house adjourned for two hours P. M. Wednesday Fe^ 20 1722-3 p. m.
The house met according to adjournment all psent as in the morning. Eod"' Die.
In the house of Representatives.
Ordered that Mr. Treasurer Jaffrcy demand and receive from the Late Treasurer Mr. Penhallow the Ballance of his accompts made up and due to the Province & y' y® Psent Treasurers receipts shall be a full Discharge to the former Treasurer for the same sum.
Jas Jeffry Cler Ass™
Sent up for concurrence. Eod"" Die.
The address to his Maj"*' was sent down and read & amended (by your unaturall subjects) instead of fellow sub- jects sent up by two messengers for this and som other amendments.
A message from the Board by Mr. Clerk Waldron y' y^ voats Relating to Gate — for ye Treasurers and for putting 300 lbs into the Treasury were all concurred w**^ the address Bro' with the amendm^' read <fe concurred <fe sent and the house was proroug'd to the 20''' May 1723.
[See address in Journal of Assembly, p. 85.]
[p. 379.] Munday May the 20"' 1723 the house met accord- to Proroo:ation.
350 rROVINCE OF NEW-HAMPSHIRE. [1723.
Present Mr Speaker Weare.
Jotliam Otliorn Maj John Gillman
Capt John Gilhnan AV" Fellows
Andrew Wiggans > Esqrs John Downing James Davis Mr. John Redman
John Plaisted J John Sandburn
Eaphraim Dennit The Liv* Gov'' sent down to know if there were a house a message by the clerk of the councill for the house to app'^ at the Board
The house went up accordingly and had a speech from the Liv' Govornour then the house returned and the speech was sent Down in writing.
Then the house adjourned for two hours p. m. JMunday May y'' 20"' p. m. the house met according to ad- journment.
The Liv^ Govornours speech was Read in the house and a committee chose to answer it viz.
Jotham Odiorn Andrew Wiggans and Maj Gillman Esqrs.
Then the house adjourned to Tuesday a. m. nine o'clock.
Lt Gov" Speech.
[See Journal of Assembly, p. 87.]
[p. 381.] Tuesday May the 21, 1723 a. m. the house met
according to adjournment.
Present Mr Speaker Weare.
Jotham Odiorn John Gillman Andrew Wio-o-ans
Theo. Atkinson ^ Cap* John Gillman
„ ^^„.-. , *^^^® W" Fellows
James Davis f John Downing
John Plaisted John Redman
Sam" Estman J John Sandburn
Ea Dennit Sam" Tibbets The Comittee returned with an ansAver to the Livt Gov" speech.
[See Journal of Assembly, p. 90.]* [p. 382.] The house adjourned for two hours p. m.
Tuesday May y° 21 p. m. the house met according to ad- journment all as in the morning. Voted in Councill May 21, 1723. That Mark Hunking & Richard Wibird Esqrs be of y'' com-
* This speoch as entered in the Journal of Assembly is a revised copy of that in the Journal of the nouse. Comp. (iov. MS. Messa., Vol. I, p. 73. Ed.
1723.] JOURNAL OF THE HOUSE. 351
ittee from the board to joyii with so many of y*" house of Representatives to examine the claimes & Demands & audit the accompts of all psons to be laid before the gen" assem- bly at this session and that they make tlieire report as soone as conveniency will pmit.
Rich" Waldron Cler Con Eod™ Die. In the house of Representatives
Voted — the house adjourned to Wednesday y'' 22'^ a. m.
"Wednesday May the twenty second a. m. the house met according to adjournments
l"sent Mr Speaker Weare.
John Plaisted James Davis John Gillman Jotham Odiorn Andrew Wioo'ans
Capt John Downing W" Fellows John C4illman
"to"
Samuell Eastman
^^^i^"'^ Sam" Tibbets
J
cs Mr John Redman Jolni Sandburn Eaph'^ Dennit Theo Atkinson Eod™ Die. In the house of Representatives. Voted — That all accompts relating to this Province be laid before this house for a[)probation & allowance.
Jas Jeffrey Cler Ass™ [p. 388.] Wednesday May ye 22-^ 1723.
In the house of Representatives. Voted
Mr Ephraim Dennit The" Atkinson & Jotham Odiorn & Andrew Wiggans Esqrs be of the comittee of this house to joyne with a comittee of the upper house to examine the claims & Demands & audit the accompts of all psons to be Laid before the Generall assembly at this session for allow- ance and that they make theire report as soone as conveniency will permit. Jas. Jaffry Cler Ass™
Then the house adjourned for two hours p. m. Wednesday May 22'^ 1723 p. m. the house met according to adjournment all pesent as in the morning.
A message from the board by Mr Clark Waldron y* the voat of this house for the comittee for auditcing the ac- compts was concurred with and y' Mark Hunking Rich'' Wi- brid & John Frost Esqrs are chosen by the Board for that end. A vote lor an act the assembly should set but three years was sent up and the answer to the Liv* Govornours speech. Then the house adjourned to Thursday nine oclock a. m.
oDi:
PROVINCE OF NEW-HAMPSHIRE.
[17-23.
Thursday May y« 23 1723 a. m. The house met according to adjournment Psent Mr. Speaker Weare.
James Davis John GiUman Andrew Wiggans Sam" Eastman John Plaisted Jotham Odiorn
> Esqrs
Capt John Downing John Gilhnan Sam" Tibbets Mr. John Redman John Sandburn Capt W'° Fellows Eaph-^"* Dennit Theo Atkinson [p. 384.] Thursday May y^ 23'* 1723.
In the house of Representatives. Voted — that the millitary comission officers in each Town in this Province or the maj'' part of them shall have power to make orders for the preventing & restraining the fireing of gunns Disorderly or unnecessary During the Psent In- dian Warr to punish either by corporall punishment or by fine not exceeding ten shillings for each offence
James Jeffry Cler Ass™ Sent up for concurrence. Eod"' Die.
In the house of Representatives. Voted — That the whole house (excepting the comittee of audit) be a comittee to joyne a comittee of the upper house to view the fort William & Mary at New Castle this after- noone and make a report thereof to the generall Assembly. And from the Board was chosen Geo Jaffrey Sha Walton & Thomas Packer Esqrs
A Petition of Joseph Chesly was Bro* Down from y* board Then the house adjourned to fryday the 23"* 1723 a. m.
Fryday May y'^ 21"^ 1723 a. m. The house met according to adjournment Pesent, Mr. Speaker Weare.
John Plaisted James Davis Jotham Odiorn John Gillman Andrew Wiggans Samwell Eastman
Esqrs
Cap* John Downing John Gillman Sam" Tibbets W"^ Fellows M"" John Redman John Sandburn Theo. Atkinson Eaphraim Dennit.
1723.] JOURNAL OF THE HOUSE. 353
[p. 385.] Fryday May y« 24"^ 1723 a. m.
The petition of Joseph Chesly was read againe & voted — that the petition be Dismissed
Jas Jaffry Clcr. Ass""
Eod'" Die
The comittee of this house that went yesterday to view the fort W™ & Mary returned and made y* report viz
That wee find the platform on y** north side of y" fort next the Harbour is out of Repaire and think that its needfull to 1)0 repaired this year.
And whereas there is Planck and Timber <tc provided for that end that the same be Improved for y** same & that workmen be improved to Do it. The comittee of both houses made theire return under theire hands <fcc.
Then a mess* from the board P"" Geo Jaffrey Sha Walton & Tho^ Packer Esqrs relating to Jos Chesleys Petition.
Then the house adjourned for two hours p. m.
fryday May the 24"' 1723 p. m.
The house met according to adjournment all present as in the morning,
A Petition of John Knight John Downing Jr for them- selves & John Fabens a comittee for the District of Newing- ton
A Petition was read and voted that the Town of Ports- mouth & Psli of Greenland be served with a copy of the Petition by y* petitioners & notyfyed to answer at the next setting of y*^ assembly & show cause (if any they have) why the prayer of the Petition may not be granted.
Jas. Jeffry Cler. Ass'" Sent up for concurrence.
[p. 386.] Fryday May 24*'' 1723 p. m.
A vote came Down from the Board for each Town within this Province where they shall think it proper and necessary for the Select men in each to have a bell man was read.
Then the house adjourned to Sathurday the 25"' May a. m.
Sathurday May y'' 25*".
The house met according to adjournment all Psent as yes- terday.
& The return of the comittee y* went to view the fort Wil- liam & Mary at New Castle was Bro* in.
354 PROVINCE OF NEW-HAMPSHIRE. [1723.
Province of New Hampshire. Wee of the comittee of both houses agree y' y^ Treasury be sup- plyed with one hundred & fifty pounds for the repaire of the fort AV™ & Mary to be applyed first to the Platform and the reraaind"" to the stone work.
Peter "Weare at the Geo Jaffrey in behalfe
Request of the house. of y'^ comittee of the
£od'" Die. councill.
In the house of Representatives Voted — that the above return be accepted and that a co- mittee of both houses be chosen to agree with any Pson or Psons to Pform the work at the cheapest rate tlicy can & that notyfications be set up in each Town to give notice for any Pson or Psons to meet s'' comittee at the fort at a day by them therein appointed to agree with them for the same
James Jaffry Cler Ass™ Sent up for concurrence.
Joseph Chesleys Petition was read in the house again on a rehearing & voted that the Petitioner be allowed fifteen pounds & paid him out of the Publick Treasury.
Jas. Jaffry CI. As. Sent up for concurrence.
[p. 387.] May y« 25"^ 1723 a. m.
In the house of Representatives. Voted— That the vote of Councill of y« 24* relating to the act for the better encouragement of carrying on the In- dian Warr be concurred with witli this amendment (viz) In- stead of (within the Provincce) It be made by any pson or psons of this Prov.
Jas JefTry Cler. Ass™ Sent up for concurrence. Eod™ Die- In the house of Representatives. Voted — That Jotham Odiorne John Gillman & John Plais- ted Esqrs be of the comittee of this house to joyne with a comittee of the upper house to agree with pson or psons to do the work at the fort according to vote formerly passed and that his hon'" the Liv^ Gov'' be desired to Inspect the well Doing thereof.
Jas Jeffry Cler. Ass™ Sent up for concurrence.
1723.] JOURNAL OF THE HOUSE. 355
A message from the Board That Shadrach \Yalton Thom- as Packer & John Frost Esqrs be a Comittee of y® upper house to [joyn] with the above Comittee in that affaire.
Then the house adjourned to Wednesday y*" 29"' of Alay A. Bi. at 9 a clock.
Wednesday May y® 29"' 1723 a. m. the house met accord- ing to adjournment.
Psent Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn
Cap' John Fellows M'" John Sandburn Eai»h'' Dennit
John Gilman [ * ^ '^ Cap' John Downing
Samuell Eastman Andrew AVi2:o;ans
M'" John Redman
M'' Theodore Atkinson.
The house adjourned for two hours p. m. [p. 388.] Wednesday May 29 1723 p. m.
The house met according to adjournment, all psent as in the morning.
The return of the Comittee of Audit was Read, a Bill for an act for prosecuting the Indian Enemy was Bro' Down & read.
and an Amendment to y° Act about high wages was bro' Down by Mr Clark Waldron.
both ordered to ly on the Table for further consideration, a voat of a Mendm' of y*^ warr act sent up.
Then the house adjourned to thursday the 30"' May a. m.
Thursday May the 30'^ a. m. the house met all psent as yesterday, and Cap' Samuel Tibbetts. Eod"' Die Voted.
That AP Clark Waldron be allowed <t paid out of y^ Treasury the sume of Seventy pounds in full of his ace' for his Service Don this yeare.
Jas. Jeffry CF Ass'" Sent up for Concurrence. Eod"' Die. In the house of Representatives Voted — That if it appears that Coll. Davis accomp' for y'^
35G PROVINCE OF NEW-HAMPSHIRE. [1723.
runing the Province lines be not allrcady allowed that it shall be allowed.
Jas. Jeffrj CV Assembly.
Then the house adjourned for two hours p. M. Thursday May 30 1723 p. m.
the house met according to adjournm* all psent as in the morning. Eod"' Die. In the house of Representatives.
Voted That y*' Bill relateing to y® encouragement for a bounty for killing or Takeing the Indian Enemy be concur- red wtli y® amendment as sent down and another amendm* viz y' y** Bounty & plunder shall be all equally Divided amongst the Captors w"'out any Respect to officers or any other pson
James Jeffry Cler. Ass™
[p. 389.]
a message from the Board by M"" Clerk AValdron 'y' y* above voat was concured with and another Message y' y* return of y® audit was accepted & allowed.
The voat of the Councill of y*^ 24"' relateing to a bell man was read & nonconcurred with & sent up.
The act about the high wayes was read & noncurred w* & sent up.
Then the house adjourned to fryday May 31 a. m.
Fryday May y® 31, 1723 a. m. the house met accord' to adjournm*
Psent M'' Speaker AYeare
John Plaisted James Davis Jotham Odiorn John Gillman Andrew Wiggans Sam'^ Estman
>
Cap' John Downing John Gillman Mr John Redman John Sandburn Eap'' Dennit Cap* Sam'i Tibbets In tlie house of representatives A'oted That the house of M"" Theodore Atkinson at New Castle Where John Willson now livith be a licensd house y* pson therein Giving Security for good orders as usuall 6c pay- ing excise.
Jas. Jeffry CP Ass™ Sent up for Concurrence
1723.] JOURNAL OF THE HOUSE. 357
Eod'" Die. In the house of Representatives
the Raising of a thousand pounds Tax this Sessions being- put to a voate It past in the negative.
Jas. Jeffry Cle'' Ass™ Sent up for Concurrence Eod™ Die. In the house of Representatives
Voted — That a new proportion on y® severall Towns with- in this Province he made before any money be raised there- upon & y' y" Proportion be made before y'^ first Jan'' next.
James Jeffry Cle'' Ass"' Sent up for Concu"^
[p. 390.] May the 30"^ 1723.
accompts allowed in the Assembly.
lb
John Robinsons whole accompt amounting to 07 3
Susannah Smalls acc'^ 5 1 9
Benj. Akarmans 13 l.'j
Jethro Pearsons acct G (3
Robert Coatses acct 25 2 9
James Nocks Muster Role 47 12
Joseph Beards :Muster Role from Ma'' to Ap'' S«i ll 8
Capt Jolm Gillmans muster Role 59 15 1
Richard Perry for y^ fort Iron work 15 16 5
Edw'i Tooffood & Grifiths work at the fort 19 5 0
Clark -4'" Trundy oib 5^ Wilkison £5 3 G 14 8 6
Tho Packers acct fireing & 2 visits to y* sick 12 0
Mr Lads Muster Role allowed 21 10
Benj Gamblins accts 12 14
James Langiy for stones for the fort 4 10
Geo Peirces acct of Iron work 12 8
James Jeffry ace' 3 10
Capt W'" Fellows ace' 4 9 1
Richard Waldrons ace' 70
Axwell Roberts ace'
Coll Davises acct according to the vote
Tho Packers ace' for medicens £5 0 G referred to the next
sessions
Liv' Beards muster Role 1722 not allowed
Geo Vaughan Esq acct Dismist having rendered no acct
when he was Liv' Govorneur — — -
John'' Cheslyes muster Role not allowed
Tliis ace' must have C"" By p'' Robinson by IMr Penhallow £20 —
!>' p<i Ben Akarman by D" 3 15
£459 15 1
Clem Hughes D"" for excise from 7'' 1721 to 7'" 23 15
1722 £18 16 6
£436 —
358 PROVINCE OF NEW-HAMPSHIRE. [1723.
In the house of Representatives Voted — That this return of the comittee of audit be ac- cepted as carryed off ag* the Psons names & that Mr clerk Waldron be allowed the sume of seventy pounds in full of his accompt, and that James Jeffry have thirty shillings al- lowed him more than is carryed off and that coll Packers acct of the Box of Medicens & Instrum*'' ly under considera- tion till next sessions and that the box be ordered to be re- turned and what is wanting to be made good and that Coll Davises ly according to the voat upon it.
James Jeffry cler Ass™ The act relating to the encoragement ag*^ the Indians was bro* Down with the amendni* and read.
[p. 391.] Fryday May the 31'* 1723 a. m.
A message from the Board by Geo Jafifry Sha Walton & R. Wibird Esqrs on the voat for not Raiseing a thousand pounds to be reconsidered It being put to voat whether a thousand pounds shall be raised and Bro* in by the middle of Jan^' next. It past in the affirmative Eod'" Die.
In the house of Representatives.
Voted — That there he a Tax of a Thousand pounds Laid on the Inhabitants of this Province and that it be Bro* into y*^ Treasury by y'' midlc of Jan^ next in money and that it shall be applyed for Discharging the support of the Governm' as the Generall Assembly shall order.
James Jeffry Cler Ass™
Sent u]) for concurrence.
Eod'" Die.
In the house of Representatives
Voted — That John Gillman Andrew Wiggans Samuell Estman Esqrs Mr Theo Atkinson John Sandburn Samuell Tibbets Capt John Downing & Mr Eaphram Dcnnit be of the comittee of this house to joyn with a comittee of the upper house to Draw a scheme for the Proportions ot the several! Towns in this Province for the Province Taxes.
James Jeffry cler. Ass'"
Then the house adjourned for two hours p. m.
[p. 392.] Fryday INIay the 31 1723 p. m. Tlic house met according to adjournment, all Psent as in the morning.
2723.] JOURNAL OF THE HOUSE. Oo9
An acct Bro* in by Axwell Roberts of X3 : 17 : 4 for sul)- sisting five Indians Hostages.
In the honse of Representatives Voted— That Axwell Roberts be allowed £2 : 16, ni fnll of his ace' above Provided Oatli be made that nothnig was rec-^ from the Massachusetts or the Indians towards the pay- ment of said accompt. -r rn r.i k m
James Jeffry Cler Ass"^
In Conncill May 31, 1723. Toted That the gen^ before mentioned be the comittee in behalf of the Board as well as for the house and y* they prepare and'lay the said scheme before the gen" assembly at
the next sessions. ^ „t ■■ -, r^^ n
R Waldron Cler. Con
Eod™ Die.
In the house of Representatives. Voted— That Coll Vaughans acct be laid before the co- mittee of audit for accompts and they to make return to this house ct y' they goe upon it forthwith. ^ ^ ^. , ^^^
James Jeffry Cicr Ass
Eod'" Die. In the house of Representatives.
Voted That Jotham Odiorn Andrew Wiggans Lsqrs Mr Theo Atkinson & Mr Ephraim Dennit be of the comittee of this house to jovne with a comittee of the upper house to Draw the act for "Raising a thousand pounds on the Inhab- itants of this Province this year according to the vote ot this j)^^^. James Jeffry Clerk Ass™
Sent up for concurrence.
A message from the Board y* above voat concurred w ct that Sha Walton Thomas Packer & Mark Hunkmg be a co- mitte from the Board to joyne w^Hhe above comittee for that End.
Eod"^ Die. ,^ . „.,
a return of the Comittee of audit relattmg to Maj-" (aihnans ace* of Provisions was Bro* in. [-p^ 393.-] Province of New Hampshire.
Hr Maj John Gillman po^^a
Bread to 8 C : 2, to be J)'' By 105 Pork i2 : 10
the Treasu- Order to 170^'^ pork By 16 Gallons rum io : b refused to be J)^ D\
allowed in the house to be p'' out of r Treasury. The house adjourned to Sathurday June y' first.
j£5 : 16
360 PROVINCE OF NEW-HAMPSHIRE. [1723.
Satliiu'day June the first 1723 a. m. The house met accordhig to adjournment. Psent Mr Speaker Weare. John Plaisted ^ Cap* John Downing
John Gillman | W"^ Fellows
James Davis I y . . Samuell Tibbets
^ ' ^ John Gillman
M"". John Redman
Jotham Odiorn Samuell Estman Andrew Wigtians
■"oo"-
John Sandburn Theo Atkinson Eaphr^ Dennjt Maj Gilman took out his Debenture to the 2'^ June 64 Dayes.
Cap* John Gilman to y'' same day 64 Dayes. These Bonds of y^ 1500"' now Bro' into the Ass"" viz Liv' Govo""
Wentworths Dated 8>- 27, 1710 £200 Coll. Vaughaus interest to be p'^ from 1-5 June last past, Dated
Jan"- 25, 1716, £200
Coll. Waltons Dated October 27, 1710, £ 30
Benj. Gamblings Do 27 Do. £100
Ricii'i Wibirds Jan-" 25, 1716-17 £ 50
Cap' Pvichd Gerrishes 8' 21, 1716 £200
Sam" Penhallows Do Do £200
Geo. Jaffreys Do Do • £200
Richi Waldron Esq^ Do. Do. £200
Theo. Attkiuson Esq Do. Do. £200
M-- Henry Sherburn in y<^ PLiins May 14"^, 1722 £110
James Jaffryes May y« IG, 1722 £ 40
John & Joseph Meads May 1720 att 13"' 5 pr yearc.
1730
[p. 394.] Sathurday June y'" 1^' 1723 a. m.
In the house of Representatives voted That the Demand of Coll. Yaughs Interest be suspended till further order
James Jaffry Cler Ass"^ A Petition of John Underwood for his house in New Cas- tle to be a licensed house was read and Granted & sent up for Concurrence
Jas. Jaffry Cler Ass'"
Eod"' Die. In the house of Representatives. Voted That his hon'' the Liv' Govornour be presented with a hundred pounds.
1723.] JOURNAL OF THE HOUSE. 361
a Petition of the Select men of Dover for a Comittee to view a convenient place on Lampre River for a Bridge over said River was Read.
and the vote of tlie upper house concurred with tliis Pro- viso, that the Petitioners pay the charge of the Comittee.
Eod™ Die. In the house of Representatives
Voted That the Post master be allowed and paid out of the Treasury three pounds for expediting the Public Letters, free.
Eod'" Die.
Voted That Doctor John Crosl)y be allowed and paid out of the Treasury thirty two shillings & IV^ for medicines at the Last Scout with (^ap' John Gillman.
Eod'" Die. In the house of Representatives.
Voted That there be signed out off of the two thousand pounds now Ready Imprest nine hundred pounds and put into tlic Publick Treasury for the payment of the sundry Debts now allowed & Due from the Province & other con- tingencies that my happen Betwixt this and the fall Sessions, and that his hon'' the Liv' Governou'' be Desired to Issue out warrants for the payments of the respective Sums now allowed to be Done.
James Jaffrey, Cler. Ass"\ [p. 395.] In the house of Representatives
Voted That his hon"^ the Liv. Gov"" haveing the whole burthen of the Government as Comander In Cheife Devolved upon him be presented with the sum of one hundred pounds for his Extcrordinary Service Don the Government and to be paid out of the Publick Treasury.
James Jeffry CV Ass"
Sent up for Concurrence
Eod™ Die.
An act passed for the Raiscing a thousand pounds on the Inhabitants of this Province this yeare read three times and sent up.
Eod'" Die.
The thirteene Bonds was Delivered John Plaisted Escf by order of the house (all entered in this book June y*" 1^^ 1723) for Safe Keeping.
Eod"^ Die.
In the house of Representatives
Voted that any psons whatsoever that hath any of the seventeen hundred and thirty pounds at Interest from
362
TROVINCE OF NEW-HAMPSHIRE.
[1723.
the Province shall at any time on producing a rec* from the Treasurer for the payment of the Interest thereof shall have It Endorst on the. back of the said Bond by y'' Keeper of the Bonds.
James Jeffry CI"" Ass" Eod"' Die.
In the house of Representatives Voted That Each man that leads these three small scouts of ten men in a scout shall have allowed and paid them
James Jeffry CP Ass"
Sent np for Concurrence.
A Message by M'' CI'' Waldron for the house to appeare at y® board.
The house went up accordingly and were prorougcd to tuesday the Tenth of 7-^ 1723.
Cap* Wiggans took out his Debenture to this Day.
[p. 396.] Tuesday September the 10"^ 1723.
The house met according to prorogation. Fsent.
James Davis Jotham Odiorn Andre tv Wiggans John Gillman
Esqrs
Cap* Wm Fellows Sam Tibbets John Gillman M'' Eaphr=^ Dennit John Redman John Sandburn
The Assembly was Prorougcd to the 22'' of 8'' 1723.
October the 22"^ 1723.
The house met according to prorogation, Psent M'' Speaker Weare
John Plaisted James Davis Jotham Odiorn John Gillman
Esqrs
Capt John Downing Sam" Tibbets W" Fellows John Gillman JNP John Redman John Sandburn Eaph'' Dennit Theo Attkinson.
and were prorougcd to the 19"' of November 1723.
Lt. Coll. James Davis took out his Debenture to this Dav,
28 Dayes in all.
1723.] JOURNAL OF THE HOUSE. 363
Tuesday November the 19*'' 1723.
The house met according to prorogation.
Psent John Plaisted ^ Andrew Wiggans James Davis Jotham Odiorn Sam'' Estman
Cap^ W'" Fellows J> Esqrs Sam" Tibbets John Gillman Eaphr^ Dennit
Sam" Eastman p. M. Andrew Wigo'an
The Liv' Gov"" adjourned the assemljly to Wednesday y® 20*"^ Nine a Clock a. m.
[p. 397.] Wednesday November 20*'' a. m.
the members of the house met according to the adjourn'
Psent. John Plaisted '^ Cap* W" Fellows
James Davis j Sam" Tibbets
Jotham Odiorn )> Esqrs John Gillman
John Downing Mr Eaph'^ Dennit.
a message from the Board to know if there were a house and if there was and the Speaker not psent Then to pro- ceed to Chuse a Speaker protempore.
The Members proceeded by written voat to Chuse a Speaker protemporee and unanimously to one voat chose Coll. John Plaisted Esq'' theire Speaker protempore, who took his place accordingly.
a message from the Board by W Clark Waldron from the Liv* Gov"^ for the house to give theire attendance at the Board.
the house went up accordingly and then returned and Bro* the Liv* Gov'* Speech with them which was read in the house, and a Copy thereof Left on fyle.
(See Journal of Assembly p. 107.)
Then the house adjourned for two hours p. m.
Wednesday 9'" y^ 20*'' p. m. the house met according to adjournment all psent as in the morning.
Eod'" Die. A Petition of Nathan Longfellow for reliefe for a loss in the yeare 1719 when he was constable was read.
Then the house adjourned to Thursday y*" 21 a. m.
364 PROVINCE OF NEW-HAMPSHIRE.
[1723.
Thursday 9'' y* 21 1723 a. m. the house met accordmg to adjournment
Psent Mr. Speaker Weare.
Capt. W™ Fellows
John Plaisted James Davis Jotham Odiorn
John Downing John Gillman
John Gillman <' ^^^^'^ Sam" Tibbets
Samuell Estman Andrew Wiffa'ans
Eaphraim Dennit
[p. 398.] In the house of Representatives Voted
That James Davis, Andrew Wiggans Esq, and Capt Wni. Fellows be of the comittee from this house to Joyn with a comittee of the upper house to audit the accompts of the muster Roles and other accompts Bro* in this sessions.
James Jeffry cler Ass™
Sent up for concurrence.
A message from the board pr y® cler. that the above vote was concurrd and that John Frost Rich'd Wibird & Arche Mcphedris Esqrs are appointed from the board to joyne with the above for that end.
A vote from the board for a Revivall of the act of Excise was Bro* down and Read.
Then the house adjourned for two hours p. m.
Thursday November the 21 p. m. the house met accord- ing to adjournment all psent as in the morning.
A letter from Mr Agent Newman, directed to Mr Speaker was sent down from the Liv' Gov"" which came under covert to him was read in the house and lies on fyle.' Eod™ Die. A Petition of the Thomas Levit & others was Read in the house, and a heareing of the Gen" Assembly was appointed Psently and the house went up & upon motion of the Kingstown the heareing was put off for want of papers to fryday tlirec oelock.
Then the house return'd and adjourned to fryday y'' 22*^ A. M.
i This letter not found.— Ed.
^^^^'^ Sam" Ti'bbcts''
Mr Eaplir'^ Dennit Tlieo Atkinson
1723.] JOURNAL OP THE HOUSE. 365
[p. 399.] Fryday November 22^ 1723 a. m. The house met according to adjournment Psent Mr Speaker Weare. John riaisted ^ Cap' John Gilhnan
James Davis W'" FelloAvs
Jotham Odiorn I -r, John Downino;
John Gilhnan Samuell Eastman Andrew Wiggans Mr Longfellows Petition was Read againe and s'' Long- fellow was heard his allegations
The comittee for auditting the accompts went out on that affaire.
Then the house adjourned for two hours p. m. Fryday Noven/ y** 22, 1723 p. m.
The house met according to adjournment all psent as in the morning, Except Jotham Odiorn.
A Vote for a three years assembly past the house a Mes- sage from the board for the house to come up at the hearing Hamptons mens Petition for Lands in Kingstown.
The house went up and after heareing returned and ad- journed to Sathurday the 23 Inst a. m.
Sathurday jSTovembcr 23 a. m. The house met accor'd to adjournment. Psent Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn
Capt William Fellows John Gillman Sam" Tibbets
John Gillman ' "' ^ John Downing
Mr Eaph'' Dennit Theo Atkinson
Sam" Estman Andrew Wiggans ^ [p. 400.] Mr Longfellows Petition was read againe & De- bated on & Voted —
That the said Longfellow he allowed & paid out of the Treasury the sume of seven pounds in full of all his Demands relateing to his charges & expences as Constable & being under Bonds &c. as in the Petition.
James Jeffry Cler. Ass'". Then the house adjourned to Munday 9'' y" 2.3"' 1723.
866 PROVINCE OF NEW-HAMPSHIRE. . [1723.
Miiuday 9' y^ 25* 1723 p. m. The house met according to adjournment Psent Mr Speaker Weare.
John Plaisted James Davis
Capt W" Fellows John Downing
Jotham Odiorn )> Esqrs John Gillman John Gillman Sam" Estman
Sam" Tibbets Mr Eaphr* Dennit Theo Atkinson. Mr Hiltons Petition was Read & ordered to \y for consid- eration.
And the voat for a new assembly once in three years was sent up the voat on fyle.
Then the house adjourned to tuesday nine oclock a. m.
Tuesday 9'- y« 2G*i^ 1723 a. m.
The house met according to adjournment Psent Mr. Speaker Weare.
John Plaisted James Davis Jotham Odiorn John Gillman Sam" Estman Andrew Wio-gans
Capt W™ Fellows John Downing 1 p John Gillman
r ^^^'^ Sam Tibbets
Mr. Eaph"^ Dennit Theo Atkinson
A vote for Repealing sundry of the old Manuscript Laws was sent up.
Tote on fyle. [p. 401.] In the house of Representatives.
Voted, That Jacob Smith be allowed and paid out of the Treasury twenty five shillings for the Loss of a Sadie. Imprest into the service
Jas Jefifry CP Ass™
sent up for concurrence.
A message from the Board by Geo Jaffrey & John Frost Esqrs with a vote of the Assemblys being chosen once every three [years] and a vote about the ministry of Portsmoutli &c.
Bod'" Die. In the house of Representatives.
Voted, That no assembly or lower house of represent* of this Province shall have any longer continuance than three years from the time of theire being first called & Qualified and that there shall be ten Dayes at Least between the Date of the writs for electing them and the time of theire being
1723.] ' JOURNAL OF THE HOUSE. 367
chosen (unless upon extraordinary emergencies) and y' an act be Drawn up accordingly the Execution thereof being Deferred and suspended until his Maj"*"* Pleasure be Known That his Maj"''" Prerogative be not Infringed
Sent up for concurrence. James Jeffry cler asse"\
Whereas in the act of Gen" Assembly of the 25"^ of May 1720 Impowering each parish in Portsmouth to Lay a Tax for the support of the ministry the name of the Reverend Mr. Nathaniell Rodgers who is now Deceased is mentioned without Respect to his successors
In Councill 9^ 26, 1723.
Voted That in addition to s*^ act the succession in y'^ min- istry in each parrish May be Inserted,
R W C Con. Eod™ Die. In the house of Representatives Read & concurred.
James Jeffrey Cler. Asse™
[p. 402.] Tuesday 9'^ y'' 26, 1723 a. m. In Councill.
Voted, That Samuel Penhallow <fe John Frost Esqrs be of the comittce for the Drawing up the Bill for the Triennial Act.
Eod™ Die. In the house of Representatives.
Voted — That Jotliam Odiorne Esq and Mr Thco Atkinson be of the committee of this house to joyne with the com" above for the ends above s'^
James Jeffry Cler Ass"
Then the house adjourned for two hours p. m.
Tuesday 9-^ y« 26 1723 p. m.
The house met according to adjournment all psent as in the morning,
A vote came Down from the Board to prevent the hogs going at Large in part of Portsmouth.
And a vote of the Councill for Revising the Laws in the clerk of the Councill office read and no concurred
Eod™ Die. In the house of Representatives
Voted — The house adheres to thcire former vote for re- pealing the Laws not yet printed.
Then the house adjourned to Wednesday the 27 of 9"^ 1723 A. M.
]QS , PROVINCE OF NEW-HAMPSHIRE. * [1723.
Wednesday 9^ y^^ 27 1723 a. m.
The house met according to adjournment. Psent Mr Speaker Weare
John riaisted Jotham Odiorn James Davis John Gihnan Samuell Estman Andrew Wiii'^ans
Cap* W" Fellows John Downing 1 p Samuell Tibbets
> -t^sqrs ^^^. Eaphr'' Dennit
Theo Atkinson.
In Councill l> 21 1723. Voted, That the act of Excise lately expired be now Revived and y' a bill be Drawn up ac- cordingly
R. Waldron Cler. Con.
9' y« 27, 1723.
In the house of Representatives voted the above vote be concurred with with this addition y* the Retailers pay 6'^ pr gall Excise
James Jeffry cler. Ass°* Sent up for concurrence.
[p. 403.]
Upon Rehearing the vote for the Excise voted in addition to the said vote : That no vessel Tradeing to or in this Province sliall sell any quantity of Spirits or rum or wine less than a barrell under the penalty of five pounds halfe to y® Informer and half to the support of the Government to be recovered by plaint or Information before any Justice or court of record
James Jeffry Cler. Ass™ Eod™ Die.
In Councill. Read and concurred with y*^ within amendment & addi- tion and Samuell Penhallow & John Ffrost Esqrs appointed of the committee to Draw the Bill.
R. Waldron Cler. Con. Eod"^ Die.
In the house of Representatives Voted this act to continue for two years and noe longer.
James Jeffry Cler. Ass™
And that Jotham Odiorn Esqr and Mr Theo Atkinson be
I
1723.] JOURNAL OF THE HOUSE. 369
of the committee of this house to joyne with the above com- mittee to Draw up the act accordingly.
Jas, Jaffry Cler Ass™ Eod™ Die.
In Councill Concurred R ^Vaklron Eod™ Die.
In the house of Representatives [p. 405.] AYednesday Novcmhcr y'^ 27*'' 1723 a. m.
The house was sent for up to the Board and were adjourn- ed to tuesday the tenth of December next.
Lt Coll Weare the Speaker took out his Debenture to this Day forty seven Dayes. Capt Samuell Tibbets took out his Debenture to this Day 28 Dayes.
Tuesday December y^ 10 1728 p. m. The house met according to adjournment. Psent Mr. Speaker Weare. John Plaisted ^ Cap* Fellows
James Davis 1 ^ John Gillman
Jotham Odiorn f ^^^^'^ Mr. Theo Atkinson. John Gillman J The Lev* Governour adjourned to Wednesday the 11 X'' 1 1 2o.
Wednesday December f 11*'^ 1723 a. m. The house met according to adjournment Psent Mr. Speaker Weare John Plaisted ^ Capt William Fellows
James Davis John Gillman
John Gillman > Esqrs John Downing
Jotham Odiorn Mr. Theo Atkinson
Sam" Estman j p. i\r. In the house ot Representatives
Voted— That Cap* W"> Fellows and Mr The" Atkinson be the committee of this house to joyne with a comittee of the upper house to tell over the old broken defaced money of y® first Impress''" that may be bro* in this assembly by those y* have exchanged it that it may be burnt according to the act.
James Jeffry Cler. Ass'". Sent up for concurrence. 21
370 PROVINCE OF NEW-HAMPSHIRE. [1723.
A message Irom the board by Messrs Jaffrey & Walton that the above vote concurred with and Capt Macphedris and Capt John Ffrost be from the Board for the end above s''. [p. 406.]
The house adiourncd for two hours p. m.
Wednesday X-" y'' IV^ 1723 p. M.
The house met according to adjournment all psent as in the morning and Mr Justice Estnian.
The house adjourned to Thursday December y* 12*'' 1723
A. M.
The house met according to adjournment. Psent Mr Speaker Weare. James Davis ^ Cap* W"' Fellows
Jotham Odiorn I -p , John Downing
John Gillman j " John Gillman
Sam" Eastman j Mr Theo Atkinson
Capt Sam Tibbets A message from the Board tliat the Bill for a Triennial assembly was concurred with the amendment.
An act for revivall of the Excise was read and past to be enacted. James Jeffry Cler. Ass™.
Xr ye iitu (^1^ 1723.
The act for a Triennial Assembly was read and concurred with; with this amendment ; That these words be left out of the act (viz) That his maj''*'^ Prerogative may not be Infring- ed.
James Jeffry, Cler. Ass™. Sent up for concurrence. Eod'" Die. In the house of Representatives Voted — That his hon"^, the Lev* Gov"^ be Desired to give out his warrants to the Tresurer for the payment of the several Sums allowed in the return of the audit of y^ 27, O' 1723.
James Jeffry, Cler. Ass™. Sent up for concurrence.
Thursday X"" y« 11*'^ (1) 1723 a. m. In Councill X-^ y« 11*" 1723.
Whereas great Inconveniency & mischief hath been al- ready experienced and greater may be feared by altering or counterfeiting the bills of credit of this and the neighboring Provinces for prevention Avhercof in the future —
(1) This sliouM be r2th. Ed.
1723.]
JOURNAL OF THE HOUSE. 371
[p. 407.] Voted — That y^ altering or coanterfeiting any bills as above shall be Deemed & adjudged fellony &c. and that a bill be prepared accordinoly.
R. Waldron Cler. Con.
The vote was read and voted to ly for consideration.
Then the house adjourned for two hours p. m.
Thursday December y® 12 — 1723 p. m. The house met according to adjournment all psent as in the morning.
[See Journal of Assembly, pp. 119, 120.]
[p. 408.] Fryday December y« 13"^ 1723 a. m. The [house] met accordhig to adjournment. Psent Mr. Speaker Weare. John Plaisted ^ Capt W™ Fellows
Jotham Odiorn I -p ^ Sam" Tibbets Sam" Estman | ^^ John Downing
James Davis J John Gillman
Mr Theo Atkinson Eaph''^ Dennit
In Comicill December y*" 12 1723.
Voted — That there be an act past Avitldn this Province for the better Regulating the curing and cutting of fish and that a Bill be prepared accordingly and that Sam" Penhallow & John Ffrost Esqrs be of the committee to joyn with such as shall be chosen in the house of Representatives to prepare the said Bill.
Rich'^ Waldron Cler. Con.
Xr ye i-th 1723.
In the house of Representatives.
The above vote Read and concurred and voted that Coll John Plaisted and Mr Theo Atkinson be of the committee of this house to Joyne with the above for y* end above s''
James Jeffry CP Ass™
Sent up for concurrence.
Eod'" Die. In the house of Representatives.
The act ,of Excise being bro' Down from the board for amendment voted this amendment viz — (that instead of halfe a liarrell : It shall be said a barrell or Quar Cask
Jas Jeffry Cler. Ass'"
Sent up for concurrence.
Eod'" Die. In the house of Representatives.
Voted — That Mr Justice Eastman be allowed and paid out
372 rROviNCE of new-hampshire. [1723.
of the Treasmy the sumo of thirty-five shillings for an ex- traordinary express sent the last sumer from Kingstown to Hatfield.
James Jaffry Cler Ass"' Sent up for concurrence.
[p. 400.]
In the house of Representatives
Voted — That James Jeffry he paid out of the Publick Treasury the sume of Ten pounds for his service as clerk of the ass"^ for the Last yeare from the 29 9'" 1722 to y** 29 9' 1723 and that his hon'' y'^ Liv' Gov be Desired to issue out his warrants to the Treasurer accordingly.
Jas. Jeffry Cler Ass'"
A message came Down from the Board by Mr Clark "Wal- dron that the last two votes was concurred with. In the house of Representatives
There being Bro' into the assembly (by John Plaisted Esqr one of the Trustees for exchanging the old Broken De- faced l)ills of credit of this Province) the sume of four hun- dred thirty-two pounds & seven shillings : as told over by v^ comittee appointed for that end : which was burnt in the face of the assembly.
Voted — That the said John Plaisted be Discharged of the s*' sume of four hundred thirty-two pounds seven shillings and he is accordingly Discharged.
James Jeffry Cler Ass'"
Then the house adjourned for two hours p. m. Fryday y^ 13"' December 1723 p. m.
The house met according to adjournment all psent as in the morning, Eod'" Die.
In the house of Representatives
Voted — That all acts and Laws made & enacted w*'' in this Province to y*^ yeare 1719 except such as are printed be repealed, and that all Laws made and enacted since y*^ yeare 1719, not in print, be revised by a committee of both houses and laid before the Gen. assembly for theire assent in order to be printed & j^ all Laws y* shall be hereafter enacted be Imediatcly printed and not pleadable or in force untill print- ed. Jas Jeffry CF Ass'"
Sent up for concurrence.
1723.] JOURNAL OF THE HOUSE. ,373
[p. 410.] Fryday December the 13"' 1723 p. m.
A message from the hoard hy Mess" Jaffrey cfe Arclii 'Mo.c- phedris that the vote about the repealing the acts being to Gen" the Board can't concurr. . Eod™ Die. In the house of Representatives
Voted, That no Laws made & enacted before the year 1719, (except what hath been ])rinted be pleaded in any court within this Province, untill they be sujiervised by a comittee of both houses chosen for that end & that Coll John Plaisted Esq & Theo Atkinson be off the comittee to Joyne with such as the board sliall chuse for the overlooking the said laws and y* they lay them before the Gen" Assembly for their ap- probation in order to have them printed.
James Jeffry Clr Ass^
Sent up for concurrence.
The house adjourned to Sathurday y" 14"' 1723 a. u.
The house met according to adjournment Psent Mr Speaker AVeare. John Plaisted ^ Capt W™ Fellows
James Davis It?-. John Downing Jotham Odiorn v|^ "' ^ John Gillman
Samuell Estman J Sam" Til)bets
Mr Ea. Dennit Theo Atkinson Samuell Estman took out his Debenture to this Day twenty six Dayes in the whole.
Caj)t Sam" Tibl)ets took out his Delienture from y*^ 27th of 8'- y'^ 1722 to y^ 14 X' y*^ 1723 for thirty six Dayes.
Lev' Coll Weare took out his Debenture to this Day for 53 Dayes.
Capt John Downing took out his Debenture from July 2'^' 1722 to the 14 December 1723 seventy two Dayes. [p. 411.] The act about the succession in the ministry ol Portsmouth was read and Past to be Ingrost
James Jeffrey Clr Ass™ Eod'" Die.
In the house of Representatives Toted That his lion'' the Lev* Governor haveing the whole Burthen of the Government as commander in chief Devolved & continued upon him, be presented with the Sumo of one
374 PROVINCE OP NEW-HAMPSHIRE. [1723.
hundred pounds for his Extraordinary Service Don. the Gov- ernment & to be paid out of y® Publick Treasury.
James Jeffry, CP Ass"* Province of New-Hampshire.
Whereas the Gen' Assembly of y" Province appointed to view and find out a convenient place for building a bridge over Lamp"" River that soe it might be made to Stand ag' the force of floods coming Down y" River & we the subscribers being the Maj"^ Part of s'' Comittee that met at time and place appointed did view and find out a place which in our best Judgm* is at the Picked rock so called a little above y* first Dam on s'' River w'^ wee according to our understand- ing think the most proper place to erect the Bridge.
Given under our hands this 12 of July 1723. Sha. Wal- ton, Edward Ayers, John Plaisted.
I Benja. Thomas being appointed by the hon'''® the Lev* Governour Councill ct Representatives conven'd in Gen" As- sembly to be one of the Comittee to view Lampree River and make report of the most convenient place to build a bridge over it but not having seasonable notice to go with the rest of the Gen* of y® Comittee These may Certify I have been there and vicAved the river & am of opinion w"' the other Gen* that at a Picked rock upon the L«wer falls near the old Dam is the most conven* Place for s*^ Bridge.
Given under my hand this 13 X"" 1723. Benja Thomas.
X"" y* 14, 1723. Inthe house of R. voted the above return be accepted.
J J CI-- Ass™ [p. 412.] X-- 14*" 1723 A. M.
The act for Triennial Assembly read and past to be enacted.
the act for revivall of Excise read and past to be Enacted, and that noe Sloop or vessell sell from on board s'' Sloop or vessell noe less Quantity of wine rum or other Spirits than a barrell or Quarter Cask.
Eod™ Die.
In the house of Representatives
Voted, That M"" Agent Newman be presented with y^ Sum of one hundred pounds of our Country Money and that a Comittee of both houses l)e appointed to Draw up Instruc- tions to be Sent him, viz. to prefcrr the triennial act, to Endeavour the procuring the Stores mentioned in his Peti-
1724.] JOURNAL OF THE HOUSE. 375
tioii to the L'' Justices, and y* lie be Desired to Desist med- dling with the province lines unless to Defend any thing y* may be preferred as an Incroachment and that jM'' Speaker Weare, Coll. John Plaisted, Cap. Wm. Fellows & W Theo. Atkinson be of the Comittee of this house to Joy no with a Coniitt* of y"" appointment for to Draw up and send such Instructions.
James Jeffry CF Ass""
Sent up for Concurrence. Eod™ Die.
A message from the board pr M"^ Clark Waldron y' y* above vote was concurred with, and that Capt Ffrost Mr. Penhallow, Capt Wibird tt Mr. JaflVey Esqrs be ye comittee from ye board for y® end above s''
And that his lion'' Desired the house to appear at the board — The house went up accordingly — and were prorogued to tuesday the eleventh Day of May next.
Coll John Plaisted Debenture to this Day. 33 Dayes Jotham Odiorn Esqr Idem 37
Mr Ephr'^ Dennit Idem 35
Cap* W" Fellows Idem 38
Mr Theo Atkinson Idem 25
The house Prorogued to the 25'^' May by Proclamation 1724.
[p. 413.] Thursday May 25"^ 1724.
The assembly met according to Prorogation. Psent Mr Speaker Weare. John Plaisted "^ Mr. John Redman
James Davis 1 John Sandburn
Jotham Odiorn ( Esqrs Capt W'" Fellows John Gillman J John Downing
Eaph Dennit Theo Atkinson John Gillman A message from the Lev* Gov"^ for the house to appeare at the Board Avho went up accordingly. The house returned and expected the Lev* Govornours speech which was Bro' Down by Mr clerk Waldron in the house p. m. the Lev* Gov- ernours speech was read.
[See Journal of Assembly, p. 128.] Eod'" Die.
376 PROVINCE OF NEW-HAMPSHIRE. [1724.
In tlie liouse of Representatives Voted — That John Plaisted Esq Mr Theo Atkinson and Capt W™ Fellows be a committee of this house to answer the Lev' Governours speech.
Jas Jeffrey Cler Ass"^ [See Journal of Assembly, p. 120.] Eod™ Die.
In the house of Representatives Voted — The house is adjourned to Tuesday y^ 26 a. m.
Tuesday May 26 1724. The house met according to ad- journment all psent as yesterday. [p. 411.] Tuesday May 26"^ 1724 a. m.
Voted — In the house of Representatives
That the late Treasurer Geo Jaffry Esqr be ordered to lay the Province accompts before the assembly.
Jas Jeffry, Cler. Ass">.
Eod"^ Die.
In the house of Representatives
Voted— That Maj-" John Gillman Air Thco Atkinson <fe Cap* W^^ Fellows be a comittee of this house to audit the Province accts for the yearc 1723.
Jas Jeffry Cler Ass'"
A message from the Board by Mr. Clerk Waldron y* y® above vote was concurred w"^ and that Coll Hunking Capt Macpheadris & Capt Wibird are appointed from the board to joyn in that affaire.
The comittee went out accordingly.
The liouse adjourned for two hours.
Tuesday May y*^ 26, 1724 p. m.
The house met according to adjournment all psent as in the morning & Mr Justice Eastman. Eod™ Die. In the house of Representatives
That whereas Capt Tim° Gerrish was Lately a Represent- ative for the Town of Dover and he is now Removed into another province ordered that Mr Speaker Issue out his war- rant to the sheriff Directed to the Selectmen of Dover to make choice of another Representative in the room of s*^ Gerrish to appeare this session.
James Jeffry Clr. Ass""
[p. 415.] p. M. In the house of Representatives
1724.] JOUENAL OF THE HOUSE. 377
Voted— That Mr Tlieo. Atkinson, Capt W"^ Fellows k Jotham Odiorii Esqrs be of the comittee from this house to joyne with a comittee of the upper house to accompt & re- ceive the old Bills of credit of each sort that is to be burnt this assembly & make tlieire return to the assembly.
James Jeifry Clr ass™
Then the house adjourned to "Wednesday nine oclock a. m.
Wednesday May 27*" 1724 a. m.
The house met according to adjournment all psent as yes- terday ct Capt Sam Tibbets. [p. 416.]
The acGorapt of George Jeffry Esqr, TrCcasiirer and receiver Gen- erall of his Maj"''' Revenue w'^'n y*^ Province of New Hampshire for y*^ yeare 172o. The said accomptant chargetli himselfe with £38, 19, the
Ballance Due from Samuell Penhallow Esq Late Treas- urer on his last acct cur' rec'd p'' order of y<^ Gen'' assembly £36 19 The s'' accomptant chargeth himselfe w"^ sundry jirovisions
ammunition & stores rec'd p' order y*-' Generall Assembly £125 11 2 The s'' accomptant chargeth himselfe with 38, IS, rec'd
from Jotham Odioru Esqr on acct of Impost £38 18
The s*^ accomptant chargeth himselfe with £6, 10 reed of
Joseph 3Iead on acct of his Bond £6 10
Tlie s<i accomptant chargeth himselfe w"' £899, 8, province
Bills of credit pr order of the Gen" assembly £899 8
The s'^ accomptant chargeth himselfe with £72 13 9 Rec'd
of Clement Hughes excise officer £72 13 9
The said accomptant chargeth himself with y'' sume of
£1028 a Tax on y'' severall Towns within the Province £1028
2.510 4 11 The s"^ accomptant Dischargeth himselfe by sundry pay- ments as pr ace' on file in y*^ clerk con" office £2350 15 4 his 2i p c' for paym' of s-i sum £2350 15 4 £58 15 6
£2394 10 10 The s"! accomptant chargeth himselfe with the sume of 302
5 of y-' 2()()0»' pr order of the assembly £302 5
[p. 417.] The accomptant Debts Bro' forward £2510 4 10
his accompt to Discharge am' to £2394 10 10
outstanding in Constables hands Pd short by y"-' Town Hampton
Do by Const Exeter
Do by Const Kenistone Greenland
D° By Const Kingstown
D° by Gosper
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£61 |
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378 PROVINCE OP NEW-HAMPSHIRE. [1724,
"Wee whose names are under written being appointed a comittee to
audit the accts of Province of New Hampshire for y* yeare 1724 — Do
allow as fall"'
No. 1. An acct signed Robert Coats for work and neces- saryes for y« fort VV'" & Mary am" to £29 10 3 £19 1 5 being ^A by Mr Jatfrey the Treasurer so remains Due & allowed £10 10 10
No 2. An Acct for worlc as above signed Rich'd Perry am° to £19 8 p-^ by money from the Treasurer & old Iron £17 rem« D. allowed £ 2 8
No. 3. Mr Treasurer Jaffry ace' allowed & Due to the Province £19 4 8 besides outstanding w"'in the Con- stables hands £61 13 5
Some small stores, Hatchets, powder &c. which Mr Pen- hallow must be Debted with.
An acct signed John Ffrost in behalfe of Robert Sanders of the Isle of Sholes as express allowed and an order on y* constables of Gosper out of y*^ Province Rate £2
Benj. Ackerman for service & expresses £7 10
Allowed Mr Waldron Clerk of y« Councill as clerk of y<=
council! & extraordinary Serv £72 10
[p. 418.] Wednesday May 2T"» 1724 a. m.
The auditors made theire return of the accts of Mr Treas- urer Geo. Jaffrey Esqr and sundry others as entered, be re- ceived and allowed and that what is unpaid be paid out of the Publick Treasury.
Jas Jeffry Clr Ass™
Of the loO'" voted for the fort William & Mary 24'h 1723— To Repaire the same according to the vote — The sume of 123 14 6 was Paid as pr Mr Treasurer Jaifrys
acct May 26, 1724 • £123 14 6
Ball^ Due from Mr Geo Jaffry as Treasurer £19 4 8
In the house of Representatives Voted that Ezekiel Moulton of Hampton be allowed and paid out of the Publick Treasury the sume of twenty shil- lings for carrying two Indians & bringing back y® horses &c. (in y^ yeare 1721) from Newbury.
James Jeffry Clr Ass™
[p. 419.] Wenday May y« 27"' 1724 a. m.
In Councill May 27'" 1724. Whereas there was an act made & past in y° 13"' yeare of King William of Blessed memory forbiding any pson to abuse his maj''" name & authority in pretending him or them- selves to be a shcrrif under sherrif Dep* or Constable which
1724.] JOURNAL OP THE HOUSE. 379
really were not so upon vcny severe pains S: pcnnalties — and whereas there is no provision made ag* Psonating a military officer & abusing his Maj"*'^ name and authority as such by pretending to Impress psons without warrant so to do Arc. It is therefore
Yoted — That whereas an addition to y® same act namely That the Penaltie for pretending to be a Millitary officer or assuming a Military Power and authority, where there is none, shall be the same as in the said act is cxprcst for preventing a civill officer — and further that in the s'' addi- tional act the unnecessary firing gunns from the first Day of March to the Last Day of November annually during the Indian Warr in the Towns of Dover Exeter & Kingston & Londonderry shall be prohibited on pain that every offender shall pay forty shillings being convict, <kc.
Kichard Waldron CI. Con"
Eod™ Die.
Read in the house.
The house adjourned for two hours p. m. Eod™ Die. Read and concurred with this amendment, viz y* y® Towns of Stratham Greenland & Newington be added & y® penalty be but ten shillings and if the Delinquent hath not money to pay y" to be punished at the Discretion of y® Military officer in y® town w'' y* offence was comitted and y' no man fire without leave from his comiss" officer.
J J CI"" Ass™
[p. 421.] Wedness Day May 27"^ 1724, p. m.
The house adjourned to thursday May the 28"" 1724, a. m.
Thursday May 28'" 1724, a. m. The house met according to adjournment, all Psent as yesterday Eod'" Die
In the house of Representatives Yoted — That M' Speaker Weare be of the Grand Comit- tec for the 15000 in the Roome of Coll. Thomas Packer Deceased.
James Jaffry CV Ass'" Sent up for Concurrence.
A Message from y^ Board by j\r Clark "Waldron y' y*' act ag' firing Gunns &c. y« voat y' Coll. Weare to be on[e] of
380 PROVINCE OF NEW-HAMPSHIRE. [1724.
the Grand Comittec, and the allowance to Ezekiel Moulton were all Concurrd w"^
The Coniittee for Burning the Bills made thiere return. The house adjourned to Fryday May 29^^ 1724.
Friday May 29''' 1724 a. m. the house met according to adjournment all psent as yesterday. Eod'" Die
A'oted — That y* accompts of Geo. Jaffrey Esq'' Late Trea- su'' of the s'' Province as returned by the auditors be accepted and allowed Jas. Jeffry CP Ass'"
yent up [p. 422.] 1724. Fryday May 29*'' a. m.
In the house of Representatives Voted — That there Ije signed of off the two thousand pounds now Ready Imprest, the sum of Seven hundred Twenty eight pounds Seven Shillings and put into the Treas- ury for the payment of the Sundry Debts now allowed & remaining due from the Province and other Contingent charges that may happen, and that his hon'' the Lev' Gov'' be Desired to Issue out warrants for the payments of what is yet unpaid, and for pay' of the Contingencies.
Jas. Jeffry, CP Ass"" Sent up for Concurrence. A Message that y^ above is concurred with. Eod'" Die. In the house &c
Voted — That there be a Tax of five hundred pounds Laid on the Inhabitants of this Province and that It be Bro* into the Treasury by the middle of Jan'' next in money, and that it shall be applyed for Discharging the Support of the Gov- ernment as the Gen" Assembly shall order and that an act be Drawn up accordingly and that John Gillman Estf and M'' Theo. Atkinson be of the Comittee of the house to Joyne w"' a Comittee of the upper house to Draw up the act ac- cordingly. Jas. Jaffry, CP Ass"' A Message y' tis Concurred with. Then the house adjourned for two hours p. m. [p. 423.] Fryday May 29'" 1724 p. m.
The hous(3 met according to adjournment. All psent as in the morning.
1724.] ' JOURNAL OF THE HOUSE. 381
jVP Sheriff Gambling Came into the Assembly and In- formed the Jaile was not Sufficient and prayed a Comittee to goe and vie we the same. Eod"^ Die.
That each town and precinct w"'in this Province shall Some time before the first thursday in October next, choose some proper pson to. meet at the Court house in Portsmouth on 2*^ -Day, Then and there agree upon Rules & measures for the New Proportioning tlie Province Taxes in Each Town & precinct within this Province (the best they can) and make return unto the next Sitting of tlie Generall Asseml)ly after s*^ Day for approbation, and that each Town pay the Pson chosen for his Service therein.
Jas. Jeffry CI-- Ass™
May 29^'^ 1724. ^ The house adjourned to Sathurday May the 30'^ a. m.
[p. 424.] Sathurday May the 30*'^ 1724 a. m.
The house met according to adjournment, all psent as yesterday (Except Capt. Tibbetts).
Province of New Hampshire. ■ Wee the Subscribers hereof being a comittee of both houses to accompt and receive and tell over the money of Each Sort, that is to be Burnt this Assembly, Do thus make our Return Rec'd from Geo Jaffrey Esrf of the ir^OOOi^ Bank Money £437: 4: .5 Do from Do on ace' of Coll. Packer of y^ same £189: 4: 1
Rec'd from Geo. Jaffi-ey Esq Excha of the 5384"* old defaced
Bills D" from Coll Weare for same exch'^ money D° from John Plaisted Esq Idem D° from Richard Wibird Esq Idem D" from Mark Ilunking Esq Idem
£282: 8: 6 We rec'd of the fifteen thousand pounds bank money the sume of six hundred twenty six pounds eight shillings & six pence: and of the five thousand three hundred and eighty foure pounds old defaced Bills exchanged the sume of two hundred and eighty two pounds eight .shil- lings and six pence.
In behalf of y*^ comittee.
Arch. iNfacphedris John Ffrost Jotham Odioru W'" Fellows Theo Atkinson
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382 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 425.] Sathurday May 30"^ 1724 a. m.
[See Journal of Assembly pp. 136, 137]
There was alsoe Burnt in the face of the Gen" Assembly from Geo Jaffrey Esq. of the Bank of 15000'" money the sume of foure hundred thirty seven pounds foure shillings & five pence, and from Coll Packer by s<^ Jaffrey the sume of one hundred eighty nine pounds foure shillings & one penny — as pr the return of the auditors.
Jas. Jeffry clr Ass™ [p. 426.]
Eod"^ Die.
In the house of Representatives Voted,
That the old prison in Portsm*' be sold for the Benefit of the Province to the best advantage by a comittee appointed for that end — and tliat John Gillman Esq and mr Theo Atkinson be of the comittee of this house to joyne with a comittee of the upper house to Do the same
James Jeffry clr Ass™
Sent up for concurrence.
A messa. from y^ Board pr Geo. Jaffrey Archi Macphe- dris & ]\Ir Clr Waldron That this house be adjourned to "Wednesday the tenth June next.
Wednesday June the 10"> 1724 p. m. The house met according to adjournment Psent Mr Speaker Weare.
John Plaisted James Davis Jotham Odiorn John Gillman Andrew Wiggans Sam" Estman
Cap* W™ Fellows John Downing . -p John Gillman
> J^sqrs g^^^^i, Tibbets
Mr John Redman John Sandburn Eaph Dennit Theo. Atkinson Capt Benja Wentworth sworn and admitted the sherrif made return that Benja Wentworth was returned chosen a proper pson to serve in the Assembly for the Town of Dover in the roome of Capt Tim" Gerrish who is removed out of this Province.
[p. 427.] The s** Benj* Wentworth appeared and a message was sent up to the Board to signifie as above.
1724.1 JOURNAL OF THE HOUSE. 383
Geo Jaffry Esq and Mr. dark Waldron came down & adm**^ the oath to qualifie him accordingly which was Don and the s'^ Benj^ Wentworth was Received as a member of the house of Representatives for this province.
Eod^^Die. -r. i -o t
A message from the Board by Geo Jaffrey Esq. who Rro' Down the ac' ag* tireing gnns unnecessarily & for amend- ment viz That each pson in the same Towns mentioned shall be obliged to carry theire gunns to y* meetings w" there is any, under the Penalty of 10s for every Default.
Jonathan Moulton of Hampton Desired an allowance of ten Dayes he served under Sev Board and was paid but for foure dayes and made oath to the truth of the same. Eod«i Die
y* the said moulton be paid out of the publick Treasury for ten Dayes service as a centinel.
Jas Jaffry clr ass"^
[p. 428.] Wednesday June 10*'^ 172-t p. m. The house adjourned to Thursday June ir^ 1724 a. bi.
Thursday June the ll*'' a. m.
The house met according to adjournm* all psent as yesterdav except James Davis Esq.
The Bill for Raising five hundred pounds a Tax this yeare
sent up
The act for ascertaining the time of the Redemption ot mortgages was alsoe sent up. The act for y« unnecessary fireing of gunns &c. and the vote for the allowance of ten dayes'^pay to Jonathan Moulton under Sev' Board— sent up — all the above concurred with above.
Further allowances by the auditors
Clem' Hughes Collector of the Excise Due to the ^
Province from him ~^Y '-^^
Upon his request he had allowed him abatement x 4 : 10
Allowed ^^'^= ^
John NewMarsh for ye Boat -26 : 13
Joseph Moulton acct p o . "
Joseph Moses • ' ^ Z ' lo i a
Mr Sma»l t ^ 4„ • ^.
for the fort W"^ & Mary Stores
£ 9 : 17 : 1
884 PROVINCE OF NEW-HAMPSHIRE. [1724.
[p. 420.] Tliursday June ll'" 1724 a. m
Joshua Babb for Glass, - - - - - - £1:17:2
John Clark - - - : - - - -£1:6:
Voted That the s*^ Return be accepted & allowed out of the Puhlick Treasury.
Jas. Jaffrey clr Ass™ The house adjourned for two hours p. m.
Thursday June 11, 1724 p. m.
The house met according to adjournment all psent as in the morning except Mr Atkinson.
The house adjourned to fry day 8 oclock a. m.
Fryday June ye 12"\ 1724 a. m. The house met accord- ing to adjournment all pscnt as yesterday except Mr. Eap. Dennit.
It was moved about allowance for the sherrifs accompt or what the assembly please.
Eod"^ Die.
In the house of representatives voted Mr Gambling as sherrif be allowed and paid out of the Publick Treasury the sume of thirteen pounds for his service Don as sherrif for ye yeare 1723, in full thereof.
Jas. Jeffry clr Ass"* [p. 430.] The house adjourned to Sathurday June y*^ 13*
1724 A. M.
Sathurday June 13"' 1724 a. m.
The house met according to adjournm* all psent as yester- day & j\[r Eaphraim Dennit.
]\faj'' John Gillman took out his Debent to this day. D° Cap^ John Gillman to the same time.
D° Sam'^ Eastman to the same time. Eod'^ Die.
In the house of Representatives
Voted — That his hon"^ the Lev' Govern'' having the whole Government as commander in chief still continued upon him be presented with the sume of one hundred pounds for his extraordinary seiAdce don the Goverment in thej/Time of Warr : and that it be paid him out of the publick Treasury.
Jas. Jeffry CP Ass-^
1724.] JOURNAL OF THE HOUSE. 385
Mr John Redman & Mr John Sandburn took out tlierc Debentures to this Day.
Mr Speaker Wcare took out his Debenture to this day. Eod"i Die.
In the house on the return of the auditors upon Mr Benj^ Wentworths ace* voted that the return be accepted and allowed the sume of ten pounds five shillings in full of said accompt & p'' out of the Publick Treasury.
Jas. JeiTry CF Ass°^
[p. 431.] Sathurday June 18^" 1724 a. m.
A message from the Board by ^Mr Clark Waldron that the house appearc at the Board and they went up accordingly.
The liouse Returned and was Prorogued to the thirteenth day of October, and alsoe at the same time the house De- clared that the vote past for Mr Penhallows having twenty pounds allowed him for his service Don the Province in England was omitted to be entered therefore to be allowed the next sitting of the asseml)ly.
Lev* Cornall[Col.] Davis took out hisDcbentureto this day.
[p. 432.] Thursday August the 27*^^ 1724 p. m. the house met by speciall summons from the Liv' Gov'' and Councill. Psent Mr Speaker Weare.
Capt W"^ Fellows John Downing Benja Went worth -J-, John Gillman
^^^^ Sam" Tebbets
M'' John Redman Ea Dennit Theo Atkinson Eod"" Die. In the house of Representatives Voted that there he forty men (officers & saylors includ- ed) Imprest and sent to joyne those of the Massachusetts for an expedition now carrying on into the Indian enemies country, and that his hon'" the Liv* Governor Is hereby De- sired to issue out his orders for Getting the men & a vessell for Transporting them. Sent up for concurrence.
Jas Jeff'ry Clr. Ass'"
A message from the Board P' Coll Walton Ar Macphedrcs and Mr Clr" Waldron y* the house stands prorouged to the 13"' of S' next.
Jotham Odiorn Andrew Wiggans John Gillman John Plaisted
38G PROVINCE OF NEW-HAMPSHIRE. [lT2i.
[p. 433.] October 13*'^ 1724 p. m.
The house met according to Prorogation. Psent Mr Speaker Weare. John Plaisted Capt W" Fellows
John Gillman John Downing
John Gillman Mr John Redman Eaphr'^ Dennit A message from the Board by Geo. Jaffrey & Archibald Macphedris Esqr that his hon'' the Liv' Govern'" had rec*^ his Maj"''* orders to Call Jotham Odiorn Esq to the Board and that he was taken and sworn accordingly. Eod'" Die.
In the house of Representatives Whereas Jotham Odiorn Esqr is now remov'd from this house to be of his Maj*''^* Councill for this Prov. Ordered that j\Ir Speaker Weare Issue out his warrant to the sherrif Directed to the selectmen of New Castle to make choice of another Representative in the Room of the s*^ Jotham Odiorn Esq"" to appeare at the next sitting of the assembly.
Jas. Jeffry Clr. Ass"^ A message from the Board by Mr Geo. Jaffry Jotham Odiorn & Mr dark Waldron that the house was prorouged to Munday y'^ 16^" November next.
[p. 434.] Capt Andrew Wiggans took out his Debenture to the 19*" November 1724 Capt Tebbets Idem.
Jotham Odiorn Took out his Debenture to the Time of his Goino; to be admitted to the Councill Board.
Xr ye 12*1^ 1724.
I John Gillman of Exeter Do obleidge my selfe to supply such scouts as may be sent me by y^ Government at 12*^ P Day each man for the hundred pounds I am now to receive and y* I Deliver each souldier 14oz of Bread & 14oz Pork p"" day.
Wittness my hand to y® agreem*
John Gillman.
Capt W"^ Fellows, Mr Eaphraim Dennit & John Plaisted Esqrs had theire Debentures to the 12*'^ of X-" 1724.
1724.] JOURNAL OF THE HOUSE. 387
NOTE BY THE EDITOR.
The Journal of the House which follows, from November 16th, 1724, to November 17th, 1738, is copied from the MS. Journal in the Secre- tary's office, in abound volume, labeled " Journal of the House 1724 — 1748." The pages in the margin correspond with those in the MS. Journal.
[p. 1.] jMunday November the 16 : 1724 p. m
The liouse met according to Prorogation. Psent
John Plaisted
James Davis
Andrew Wia-o-ans
Cap* John Downing John Gilhnan Sam" Tibbets
John Gihiian ( ' '^ " Benj^ Wentworth
Sam" Eastman M"" John Redman
J John Sandburn
Eaphraim Dennit Theo Atkinson Eod™ Die In the house of Representatives the Speaker not appearcing The house proceeded to the Choice of a Speaker Protempore And John Plaisted Esq"^ was Chosen Speaker Protempore Nem Con &c
Ordered that Capt John Gillman & Capt Benj-'' Wentworth wait upon the Liv* Govornor at his house and Signifie to him that there is a house and that John Plaisted Esq"" is Chosen Speaker protem.
A Message from the Liv* Govornor By Jotham Odiorne Esq"^ & n/ Clerk AValdron ; That it is his hon" Desier y* this house wait upon him at his house. Which was Don.
And then the Liv* Govornor Made a Speech & Gave a Copy thereof as on fjde and then the house adjournd to tuesday nine a Clock a, i^r.
[See Journal of General Assembly, p. 148.]
Tuesday November 17, 1724 a. m. the house met according to adjournment all psent as yester- day.
In the house of Representatives the Liv* Govorn" Speech was read & voted that Maj'' John Gilman <fe Andrew Wiggans Esq^ and mr Theodore Atkin- son be a Committee of this house to Draw up an Answer to
3S8 PROVINCE OF NEW-HAMPSHIRE. [1724.
the Liv* Governors Speech & present it to the house for Con- currence.
Ja Jeffry Cler Ass"i Eod"^ Die. In the house of Representatives
Voted, That Maj"^ John GiHman & Andrew Wiggans Escf with Mr Theodore Atkinson be a Comittee of this house to joyn w*^*^ a Committee of the upper house to audit the acct^ & Muster Roles Bro* in this Sessions.
James Jeffry Cle"^ Ass™
Sent up. [p. 2,] Then the house adjourned to three a Clock p. m.
Tuesday 9"^ 17 1724 p. m. the house met according to ad- journment all psent as in the morning and the Comittee went out upon the audit. Then the house adjourned to Wednes- day Nine a Clock a. m.
Wednesday November the 18*" 1724 a. m. the house met according to adjournment all psent as yester- day. The Comittee of accompts Made return which was withdraw'^ againe.
The house adjourned for two hours.
Wednesday 9'' 18 p. m. the house met according to adjourn- ment all psent as in the Morning.
M'' Sherrif Gambling made Return of the Precept Given him to. Send to New Castle Select Men for an assemblyman. Who made return that they had made him None as p*' the writ or precept on file.
Eod™ Die. The return of the Comittee for making a rule for New Proportioning the Severall Towns in this Province Made their Return and luuiibly Submitted the Matter Might be referred for about Six Months & Signed Nathaniel Weare
In Councill 9^' 18 1724 Read and adopted. R Waldron Cler Con.
Eod"^ Die In the house of Representatives read and concurred with this amendment that it be deferred during the Indian AVarr.
Jas. Jaffry CI As.
Sent up for concurrence.
Eod™ Die. A Message from the Board by Jotham Odiornc Escf that the above vote was concurred with the amendment.
Then the house adjourned to Thursday W^' 9'^' 1724 a. m.
1721.] JOURNAL OF THE HOUSE. 389
Thursday the 19th 9^' 1724 a. m. The house met accordhig to adjuurnment all pscut as yesterday.
Then the house adjourned to three p. m.
Thursday 9^ 19 1724 p. m. The house met according to adjournni' all psent as in y° morning.
The house adjourned to fryday the 20"' 9'".
[p. 3.] Fryday November the 20^" 1724 a. m.
The house met according to adjournment all psent as in the foregoing Meetings.
Then the house adjourned to three a Clock p. m.
Fryday y® 20 p. m. The house met according to adjourn- ment all psent as in the morning.
Eod"" Die. Joseph Smith of Stratham by a Note under the hand of Moses Conner Certified that Said Smith had served y® Province as a Soldier under Liv* Bcard(l) and was not En- tred in the ]\Iuster Role and upon Cap* Wiggans averring he Ira])rest him & that he was in y® Province Service. Voted
That the Said Joseph Smith be allowed and paid put of the PuV Treasury Seventeen Dayes as a Cen^
Ja^ Jeffry CV Ass™
The house adjourned to Sathurday nine a Clock a. m.
Sathurday 9"^ 21^ 1724 a. m.
The house met according to adjournment all ps€nt as yes- terday. Eod™ Die. In the house of Representatives
A motion be made for allowance for Peter Colcord for that he had been Taken by the Indians and Kept a Captive with them som time ; and by his Ingenuity and Courage made his Escape from them. And Brings an accompt of their Settle- ment and proceedings which may be of advantage to the Government hereafter. Its agreed to make him a present when thers a full house.
A Mess^" from the Board pr M' Odiorne and the Clerk of the Con. that the assembly Was adjourned to Munday y'' 23'' at 12 of the Clock and accordingly they are adjournd.
{I) Errata. On p. 3S3, for " Sev Board," read Lev. Beard. Ed.
390 PROVINCE OP NEW-HAMPSHIRE. [1724.
]\rimday Noveml^er 9"^ 23'^ 1724. The house Met according to adjournment. Psent Mr Speaker Weare John Phaisted ) ^^ ,, Capt W° Fellows
Andrew Wiggans j ^^ Sam^ Tebbets
M"" John Redman John Sandhnrn Eplu"" Dennit Theo Atkinson The house adjourned to Tuesday 9 a Clock a. m.
[p. 4.] Tuesday November 24, 1724 a. m.
The house Met according to adjournment all Psent as yes- terday Except ]\P Ephraim Dennit and there came Capt John Gillman, Sam^ Eastman Escf
Then the house adjourned to Wednesday 9'' y'^ 25"^ 1724.
Wednesday November 25*'' 1724 a. m.
The house Met according to adjournment all Psent as yes- terday and M' Ep"" Dennit was sent for up to the Councill Board to hear y^ argument upon Hampton Petition and went up accordingly. The Same Petition Pleaded to on both Sides and Then the house adjourned to three a Clock p. m.
Wednesday 9' 25*'' 1724 p. m. the house met according to adjournment, all psent as in the morning & Maj'" John Gill- man.
In Councill 9-- 25«' 1724.
The Petition of the Comoners of hampton being read and fully argued on the part of the Petitioners & on the Part of the Town of Kingston before his honor the Liv* Govornor & the Councill & assembly and thereupon Voted : That a Co- mittee of both houses be Chosen to Meet in the recess of the Court who Shall give Seasonable advertisements at hampton for all psons y* have a Claime in the New plantations to bring in and produce y*" Same and likewise to the Comoners of hampton to appeare at the Same time and Shew to whom they have made Satisfaction for their New plantation Rights, in order that his hon"" and the Generall Assembly may have a full understanding of the pmises and order thereon as to
172i.] JOURNAL OF THE HOUSE. 391
Riglit and Justice doth appertain & y* the Comittec ]\rakc re- port at the next Spring- Sessions.
W Waldron Cler Con
Eod'" Die. In the house of Represent.
The above vote being read and ordered to ly till Tomorrow for Consider''
Then the house adjourned till Tluirsday 9 a Clock a. m.
Thursday November 26, 1724, a. m. the house met according to adjournment all psent as yester- day.
Whereas it is found by experience y* there is a great incon- veniency attending Severall Towns in this Province who are obliged to Support a Gramer Schoole by act of Gen' assem- bly which Induces a very Great and unnecessary expense upon the Said Towns without the Least advantage thereby, Therefore In Councill 9'' 26, 1724,
[p. 5.] Voted — That the Said act respecting Gramer Schools be Repealed & y* there be one Established free School to be Supported at the Province Charge at Portsmouth and that the Town of Portsmouth pay one Quarter part of the Charges, and that the other Towns pay in proportion to their Province Tax and that a Comittce of Both houses be appointed to obtain and agree with a Suitable pson to Settle as School Master, and that a Bill be prepared accordingly.
R. Waldron Cler Con Eod™ Die. In the house of Representatives Read & Noncurr'd
Ja* Jeffry Cler Ass™ Then the house adjourned to three a Clock p. m. Thursday 9'^ 26, 1724, p. m. the house met according to ad- journm* all psent as in the morning except m'^ Plaisted. here a Vote past for Limitting the Time of Laying out Grants was past & Sent up as pr y'^ vote on fyle &, y" the house adjourned to Fryday.
Fryday Nov'' 27*'' 1724, the house met according to adj" all psent as yesterday.
Eod™ Die. a vote passed for Repealing part of an act cntituled an act for Maintaining ct Supply of the ]\Iinistry within this Prov. &c. Giving the Choice of the Ministry to the freehold-
392 PROVINCE OF NEW-HAMPSHIRE. [1724.
ers and that it shall be Now in the power of the Church of Each Pish or precinct within this Province to Make Choice of a Minister where wanting, and then to present him So Cho- sen to the Congregation for acceptance, and if Chosen by y* Majority of the Church and freeholders at Such Meeting then that to be the Settled Minister, and if it happen y* y® Churches choice be not accepted at Such meeting then the Difference to be Decided by the next three or five adjacent Churches &c
Voted that an act be Drawn up accordingly
Sent up for Concu''
A Message from the Board pr Geo Jaffrey Esq"" that the above vote be Deferred for Consideration to the Next Sess"" which was Don accordingly,
A Message from the Board pr Geo Jaffrey Estf that it is the Desier of the up])cr house that this house would recon- sider the vote past for an act ag* Trespassers Bro* in Last Sessions.
And also a Petition of Sundry Indians y' Served this Prov in the Canada Expedition for theire Guns. Eod™ Die In the house of Representatives
The additionall act ag' Trespassers was read three times & past to be engrost and to Continue for five years. John Plaisted Escf Enters his Dissent ag* the Said act.
Then the house adjourned for two hours p. m.
Jas. Jeffry Cl"^ Ass'"
[p. 6.] Fryday 9^ 27'" 1724, p. m.
the house met according to adjournm* all psent as in the Morning Except M'" Eph'' Dennit
Eod Die, the auditors Made return on the Treasurers ac- compts which was accepted and ordered that the Treasurer form his accompts accordingly in order to be Discharged.
James Jeffry Cler Ass"^
Sent up for Concurrence.
Eod'" Die. A Message from the Board By Geo Jaffrey & John Frost Esq'* with the above vote, and that it was the opinion of the upper house to Chuse a Standing Comittee to act in the recess of the Court and to Let the accompts of the Treasurer Ly untill the Spring Sessions, and that y*^ Treasurer be ordered to Lay a IMemoriall before the assembly at psent of the State of the Province to Sec w' is Necessary to lay in for its Support.
1721.] JOURNAL OF THE HOUSE. 393
Eod'" Die. The Comittee of audit whose names are under- wiitteii having Examined the Sevcrall Cluster Roles that Lay before us Do return as followeth (viz)
|
1, a Muster Role Signed |
Andrew Glidden |
for |
£108: |
l(j: |
4 |
|
|
2, Do |
Moses Xorris |
£ 97: |
7: |
9 |
||
|
3, Do |
2 Roles |
John" Sandburn |
£11.5: |
— : |
1 |
|
|
4&5Do |
John Footman |
£ 45: |
15: |
— |
||
|
6 Do |
Joseph Roberts |
£ 51: |
18: |
10 |
||
|
7 Do |
W'" Jones |
£ 49: |
1: |
— |
||
|
8 Do |
Abraham Clark |
£ 11: |
7: |
6 |
||
|
9 Do |
AV" Hill |
£ 17: |
2: |
8 |
||
|
10 Do |
John I'rescot |
£ 50: |
i! |
4 |
||
|
11 Do |
Benj Wentwortli |
£ 99: |
13: |
2 |
||
|
12 a Portleidge |
Bill Sign |
ed Walter Stuart |
||||
|
as Master ik Stewai |
•d in the Schooner |
with |
||||
|
Capt Wentwortli to the Eastward |
£ 17: |
14: |
6 |
£f)66: 10: 0 all the above Muster Roles l)eing examined wee find y'" Right Cast and well voucht amounting in all to Six hundred Sixty Six pounds ten Shillings : anl as to the twelve Small llols follow wee have examined and tiud that they are Trantient Scouts Except Meads Xo 10 which we allow When Sworn to.
[i". 7.] John Cillman Mark Hunking
Andrew Wiggan Richard Wibird
Theo Atkinson John Frost
Eod'" Die In the house of Representatives,
Voted,
That Peter Colcord be allowed and paid out of the Trea- sury the Sum of ten pounds : as a present from this Govern- ment when he returns from his pscnt ^March after the Indians.
James Jeffrey Cl^ ass"'
kSent up for Concurrence
Eod Die. In the house of Representatives,
Voted that there be allowed to Samuel Penhallow Esq"^ twenty pounds New England Money for his Good Service Don when in Gre* Brittaine.
James Jefifry Cle'' Ass'»
Sent up for Concurrence.
Eod Die. a Message from the Board pr Jotham Odiorne Escf that the above Votes Smiths, Colcord and Pcnhallows was concurred with.
Eod'^ Die. In the house of Representatives
Voted That all Small Sellouts of three daycs and upwards be allowed and paid wages, and have their Provisions allowed them as other Souldiers in the Service have.
James Jetfry Cle^ Ass'» ^' Sent up for Concurrence
394 PROVINCE OF NEW-HAMPSHIRE. [1724.
Eocl"^ Die. The above vote return'd and nothing Don upon it. It being the case of Each Town to run out occa- sionally in Such Small Schouts
Eod"' Die. In the house of Representatives,
Voted, That all Those Small Schouts that hath been out for three or four dayes at a Time be allowed thcire provis- sions and those that have not had it but found themselves be allowed and paid out of the Treasury one Shilling pr day in Money. James Jeffrey CI'' Ass™
Sent up for Concurrence.
a Mess'' from the Board y^ y® above vote was concurred w^''.
Then the house adjourned to Sathurday 9"" 28*^ 172-4: a. m.
Sathurday November 28"' 1724 a. m.
The house Met according to adjournment all Pscnt as yes- terday.
[p. 8.] a Message from the Board by m'" Cler Waldron that the upper house Desir'd to withdraw theire vote relating to y*^ hampton Petition Which was Don accordingly, alsoe a Message pr Geo Jaffrey Escf who Brot Down our vote, for a Bill for Limitations of Grants that it be Left for further Con- sideration. Which was agreed to. Eod'" Die. In the house of Representatives
The Question being put what Qiiantitie of Money Should be ])rintcd It past for £3000 as pr the vote on fyle.
M'" Sandburn and his partner Delegates for Kingston De- sired m'' Clem* Hughes Might be allowed attorney for Kings- ton in Relation to the Petition, which was Granted. Cap* Sam" Tibbets took out his Debenture to this day.
Then the house Adjourned to Wednesday December y*^ 9'^ 1724.
Wednesday X'' the ninth, 1724. The house met according to adjournment. Psent Mr Speaker Weare. John Plaisted I r^ , , Capt William Fellows James Davis \ ^* ^ ' John Gillman
Mr John Redman Eaph-" Dcnnit Thco Atkinson The house adjourned to Thursday X'' 10"' 1724 a. m.
1724.] JOURNAL OF THE HOUSE. 395
Thursday X^ the 10''^ 1724 a. m.
The house met according to adjournment all i)seut as yesterday, and Maj"" Gillman
John Sandburn
Then the house adjourned to 3 a Clock p. m.
Thursday X' 10"' 172-1: p. m. the house Met according to adjournment all psent as in the morning & Samuel Eastman
a vote past for Imprinting tlircc thousand pounds. Eod™ Die. In the house of Representatives
Voted— That Cap' W"' Fellows & Mr Theodore Atkinson he of the Comittee of this house to Joyne a Comittee of the upper house to tell over the old Broken Defaced Bills of the first Imnression that may be Bro* in to be burnt this assem- bly, [p. 9.] James Jeffry CP Ass™
y® votes for Raiseing 2 M. pounds Should be Entred here. (See Journal of General Assembly, p. 159.)
Then the house adjourned to Fryday X"" y® 11, 1724 a. m.
Fryday X'' the 11"' 1724, a. m. The house met according to adjournment all psent as yesterday.
Eod'" Die. In the house of Representatives
Voted : that one hundred pounds of the Two thousand now to be Impressed be put into the hands of Maj"" John Gillman Esq'' by the Signers thereof to purchase Pork & ]>read for y'^ use of the Province to Supply Such Scouts as Shall be Sent to him by the Government
Jas Jeffry CP Ass'" Sent up for Concurrence Eod"" Die. a Message from y" Board the above vote was concurr'd w*''
Eod'" Die. a vote past for paying James Jeffry ten pounds in full for his Service as Clerk of the assembly from 9'' 29'" 1723 to f 29t" 9-^ 1724
S, Peter Weare
Sent up for Concurrence. *
Eod'" Die. In the house of Representatives,
Voted : That James Davis Esq'' be paid out of the ]nib- lic Treasury the Sum of Eight pounds Six Shillings in full Disch^ of his Service as a Comittee man for the Settling <fc runing y^ Province lines in y'' yeare 1719 & 1720.
James Jaffry, Clcr. Ass*".
Sent up for concurrence
396 PROVINCE OF NEW-HAMPSHIRE. [172-1.
Eod'" Die In the house of Representatives,
The Comitteo for Exchange of tlie Bills of the old Im- pression brot in £204 : 5 : which was burnt to ashes in the psence of the Generall Assembly viz
By Richard Wibird £103 : 13 : 9
Geo Jaffrey 36 : 16 : 3
Peter Weare 26 : 18 : 6
John Gillman 36 : 16 : 6
£204 : 05 : off which S'^ Sumes they are Discharged
^ Jas. Jetfry Cl^" Ass'" Eod'" Die.
of the (Same Money Bro* in by John Plaisted £51 : 18 : /
Mark Hunkino- 29 : 15 : 6
of which S'^ Sumes Each are Discharged, £81 : 13 : 6
James Jeffry C? Assembly
[p. 10.] Fryday y^^ 11"> 1724 a. m.
In tlie house of Representatives,
Yoted that the reverend Henry Rust be presented with forty Shillings for his Service attending his hon'' the Liv' Governor to y® Eastward at horneck the Indians burial.
Ja^ Jeftry C'" Ass""
Sent up for Concurrence A Certificate Signed Benj-'' Gambling Sherrif y* he Impressed ]\Ioses Welch to carry a letter to Coll Waldron about three years agoe, Was Read and voted nothing to be allowed him Sent up. Ja^ Jetfry CP Ass'"
Eod"' Die. In the house of Representatives,
Voted, That John Plaisted Esq-- Cap* William Fellows & M"" Theo Atkinson be a Comittee of this house to Joyn with a Comittee of the upper house to receive & examine the Province accompts in the recess of the ass'" and Make them ready to Lay before y° ass"' for allowance the next Sessions. • James Jeffry CV ass"'
Sent up &c
Then the house adjourned for two hours p. m Fryday y" 11"' 1724 p. M. the house met according to adjourn- m' all psent as in the morning
ct Cap* Tibbets. [p. 11.] Eod'" Die. In the house of Representatives,
1724.] JOURNAL OF THE HOUSE. " 397
Voted, That m'^ Speaker Weare & Joliii Plaisted Esq"" be of the Comittcc of this house to Joyn with a Comittcc of the upper house for Signing of the Two thousand pounds now to be Impressed.
Sent up &c Coll Ilunking & Geo Jaffrey of y" upper house.
James Jeffry Cler Ass"' Eod'" Die. In the house of Representatives
Voted, That there be twenty pounds pr annum added to the form"^ Estabhshm* of the officers and Souldiers at fort "W™ & Mary Each one to have four pounds pr annum of Said Sum hence^forward paid him out of the Publick Treas- ury.
James Jeffry cler. Ass'" Sent up etc. Eod'" Die. In the house of Representatives,
Voted, That John Plaisted Esq'^ & Gap* William Fellows be of y^ Comittee of this house to joyn with a Comittee of the upper house to Draw up the act for the Two M pounds.
James Jeffry cler Ass"^'
Sent up. a Mess^ from y*' Board pr Jotham Odiorne Esq'' that Geo Jaffry and arclii Mac Esq'' be of y® Comittee of the upper house to Draw up S"^ act. Eod"" Die. In the house of Representatives,
Voted, That Every Souldier in the pay of this Province Schouting or Marching that will Supply himself with full provisions Shall be allowed and paid out of the Publick Treasury Twelve pence pr day for the Same.
James Jeffry CP Ass'"
Sent up etc.
Then the house adjourned to Sathurday y'^ 12.
Sathurday X-" the 12"' 1724 a. m.
The house met according to adjournm* all pscnt as yester- day.
Eod"^ Die. Voted that Edward Toogood be paid out of the Publick Treasury the Sume of 1716 in full of his accompt.
Jas. Jeffry CV Ass™. Sundry Small Muster Roles Examined and referred to the Gen'^ assembly Numbered in the Margent as followeth (See Journal of General Assemljly p. 1C6.)
398 • PROVINCE OP NEW-HAMPSHIRE. [1724.
[p. 12.] Eod'" Die. A Bill for Impressing two M pounds was read three times and past to be Enacted.
Eod"' Die. There is an allowance of Seven men as Centi- nells allowed to be added to Moses Norrises Muster Role.
Ja* Jeffry CI"" assem.
Eod™ Die. Jotham Odiorne Esq^ allowed 34 & 3^ for Bread and pork Supplied to the Sloopes Walter Warrens accompt allowed £2:2 m''^ Smals ac* allowed for house rent fire and Candles from S' 23 to 8"^ 1724 £12 :—
Eod™ Die. Voted that 2001b of the Two M now to be Im- pressed be Signed off and put into the Publick Treasury.
James Jeffry Cle' Ass™.
Eod™ Die.
Voted, That his lion'' the Liv Govornor haveing the whole Govornment as comander in Chief Still Continued up- on him be presented with the Sum of one hundred pounds for his Exterordinary Service don the Government in this Time of Warr and that it be paid out of the Publick Treas- ury.
James Jeffry Cler Ass™. Eod" Die. Voted — That Samuel Penhallow Escf be paid the Sume of fifteen pounds for Slops and Stores Delivered Jonathan Chesley before Said Sam^ Penhallow went for Eng- land and they to be in full Discharge and if m"" Penhallow Do not accept this Then to be paid & allowed w* the Co- mittee Shall allow him in the recess of the assembly.
Jas Jeffry CP ass™ [p. 12'i.] M"" agent Newmans papers was Sent Down from the Board and read.
Eod'" Die. a vote passed for the Liv* Govornor to Comiss a Man to goe to Canada with those Gent from the other Gov- ernments.
Voted — That the Comiss'' to be appointed for to goe to Canada be Supplyed and paid out of the Publick Treasury.
Ja^ Jeffry CP Ass™ Eod™ Die
Maj'" Gillmans agreement for Supplying the Sellouts is En- tered in the Latter End of the old ass™ Book.
Then the house was Sent for at the Board and were Pro- rog"^ to Wednesday the fifth of May Next 1725.
Coll Plaisted, Capt Fellows & W Dennit look out y' De- Ijcnt"* to X-- 12, 1724.
17-25.] JOURNAL OF THE HOUSE. 399
By the Liv* Govorncrs Proclamatioii the assembly was Pro- rog'd to the 17 May 1725.
Muiulay May the 17"' 1725. The house Met according to Proclamation of Prorogation.
Pscnt Mr Speaker Weare. John Plaisted ) Capt John Gillman
John Gillman [ Esqrs W'" Fellows Andrew Wiggans ) Benj-' Wentworth
John Downing M"". John Redman John Sandburn Theo Atkinson The house went up to the Council Chamber heard the Govorn" Speech & Returned and had it Sent Down to Coppy, Then adjourned to Tuesday May 18"' 1725 a. m.
[See Journal of General Assembly, p. 168.]
Tuesday may the 18"' 1725 a. m.
The house met according to adjournment all psent as yes- terday & Capt Samuel Tibbets
[p. 12f .] May 18. In Council May W 1725.
Voted— That Coll Walton & Capt Mcpheadris Esq"" be a Comittee to Joyn with others of the house to Count over the Bills of Credit now to be Burnt and that it be Don with all convenient Speed.
Richard Waldron Cler Con Eod"^' Die. In the house of Representatives,
Voted — That m"^ Ephraira Dennit & m^ Theo Atkinson be of y^ Comittee to Joyne with Those above for the Counting over the Bills of Credit Now to be Burnt.
James Jeffry CP ass"^
Then the house adjourned for two hours p. m.
May 18 p. m. The house met according to adjournment all psent as in y*^ morning and Samuel Eastinan Esq"" and M'' Ea Dennit
May the 18"' Wee whose Names are here under written 1)eing appointed a Comittee to audit the accompt of the Province of New hampshire for the yeare 1725, Do allow as foUoweth viz
[See Journal of General Assembly, p. 170.]
400 PROVINCE OF NEW-HAMPSHIRE.
[17:
[p. 13.] Wednesday May W 1725
The house met according to adjournment all psent as yesterday.
The Comittees being out telling over the Bills & auditing the accompts the house adiourned to
Thursday Nine of the Clock May the 20"' 1725, a. m.
Thursday may the 20"' a. m. the house met according to adjournment psent M"^ Speaker Weare
John Plaisted ""^ Capt John Downing
John Gillman (^ -j^^ . W'" Fellows Samuel Eastman f " ^ John Gillman
Andrew Wiggans J Sam'^ Tibbets
M'' John Redman John Sandburn Ea Dennit Thco Atkinson. Mr Hugh Adams Booke Came Down from the Board for the Consideration of the House for the Printing it. (See Journal of General Assembly, p. 171.)
[p. 14.] May the 20"' 1725 p. m.
Whereas the Town of Londonderry hath lived under this Govornment for Severall years past and hath neither as yet paid any Rates for the Support of the Govornment Nor Sent any one Represent Said Town in Generall ass'"
Voted That the Said Town of Londonderry be Notified to Send a Meet pson Duly Quallified to represent them in this assembly and to Bring a list of theire Rateable Estates that they may be assessed accordingly for the Support of the Govornment. James Jeffry Cl"^ ass™
and then the house adjourned to Fryday May 21 a. m.
Fryday May 21^' 1725 a. m. The house met according to adjournment all psent as yesterday and Capt Benj'' Wentworth & Coll Davis, the house adjourned for two hours.
Fryday May 21, 1725, p. m. The house met according, to adjournment all psent as in the Morning.
1725.] JOURNAL OF THE HOUSE. 401
In the house of Representatives,
Whereas the Town of Londonderry hath lived under this Government for Severall years past and hath Neither as yet paid any Rates towards the Support of the Government nor Sent any one to represent Said Town in Generall Assembly
Voted that his hon"" the Liv* Govornor be desired to Send a precept to the Said Londonderry to Send a pson duly Qual- ified to Represent them in this Generall Assembly at the next fall Sessions and to Bring a List of theire Rateable Es- tates that they may be rated accordingly.
James Jeffry Cl^ Ass'"
Eod Die a Mess^ from the Board pr M'' Clerk Waldron that the above vote was concurred with. Then the house adjourned to Sathurday May 22^ 1725, a. m.
[p. 15.] Sathurday May the 22'^ 1725 a. m.
The house met according to adjournment all psent as yes- terday.
In the house of Representatives, Voted That all the Publick Bills of Credit of this Prov- ince Pass in all Publick payments with out the advance of five p'^* James Jeffry CV Ass""
Sent up for Concurrence, a Mess^ from the Board that the above vote was concurr'd
Moun*"^ Vodrells Letter by Mr Atkinson to our Govern'^ was Read.
Mr. Atkinsons ac* of his Disbursements on his Canada Journey amounting to the sum of ii248 : 14 : 7
of which is paid by M"^ Treasurer as pr his ace' 130 : :
118:11:7
a Mess^ by M"" Clerk Waldron that the assembly was ad- journed to Tuesday the 25, 1725.
26
James Davis John Gillman Andrew Wiggan Samuel Eastman
402 PROVINCE OF NEW-HAMPSHIRE. [1725.
Tuesday May the 25'^ 1725, a. m. The house met according to adjournment psent Mr Speaker Wearc.
John Plaisted "^ Capt Williams Fellows
Sam Tibbetts > Esqrs Benj"" Wentworth John Gillman John Redman John Sandburn Eap' Dennit Theo Atkinson. In the house of Representatives, Voted for the further encouragement of volluntiers to goe out ag*^ the Indian Enemy.
[See Journal of General Assembly, p. 182.]
[p. 16.] Wednesday May the 26'»' 1725.
The house met according to adjournment all psent as yes- terday and Cap^ Downing.
In the house of Representatives,
Voted that the return of the auditors on m'' Treasurer Penhallows accompts be accepted and that the accompts be allowed.
James Jeffry Cler Ass™
Then the house adjourned for two hours p. M. Wednesday May y'^ 26*^ 1726 p. m.
the house met according to adjournment all psent as in the morning, Eod"^ Die. In Council May the 25*'> 1725.
Whereas the accompts of nf Treasurer Penhallow from time to time laide before the General Assembly and Espe- cially at the Last and present Sessions have appeared very Irregular & much plexcd which has cost the General Assem- bly and Comitecs of audit Many dayes and is a great Expense to the Province in theire attending the adjustment thereof and whereas Sundry Disputes have arisen about allowing the five p*^* advance on the Bills of Credit of this Province & For the prevention whereof for the future
Voted that the Said ]\P Penhallow Dureing his Continu- ance in the office of Treasurer be allowed and paid out of the Treasury for his Service therein after the Rate of one hun- dred pounds pr annum in full for his Said Service.
Richard Waldron CV Con.
17-25.] JOURNAL OF THE HOUSE. 403
Eod"^ Die. In the house of Representatives read and or- dered to ly upon the Table Till tomorrow.
May the 27 1725. In the house of Representatives, the above vote Read and Concurred. Eod™ Die. In the house of Representatives
Voted, That Cap* William Fellows M"" John Handburn and Andrew Wiggan Escf be a Comittee of this house to joyne with a Comittee of the upper house to view the Stores now lying in nf Treasurer Penhallow hands according to the accompt that is now made up by the auditors and Make return to the General Assembly w* there is and in what Condition they find it. That the assembly may order the Sale of w* is not lit for the Province Service and that the Return be Made Tomorrow at 10 of y" Clock.
James Jeffry Cler Ass"^
[p. 17.] A Mess^ from the Board That Coll Hunking, Capt Wibird & Capt Odiorne Esq'* was appointed to Joyn w"^ the afforesaid Comittee for the Serv afforcsaid.
Then the house adjourned to Thursday the 27"'
Thursday may the 27'" 1725 a. m.
The house met according to adjournment all Psent as yes- terday. Eod'" Die. In the house of Represenf^
"Whereas there is in the Treasurer's hands Sundry Stores returned out of the Sub Commissioners hands & the Eastern Expedition to the value of one hundred thirty Six pounds nineteen Shillings & Eleven pence and out Standing in Con- stables hands the Sum of forty pounds five Shillings <t Ten pence in Greenleaf & Gliddens two pounds 18* & Six pence in all i;180 : 4 : l*^. Now for the preventing of any Differ- ence in accompts for the future the S'^ Treasur"" proposes y' if the Gen" assembly will make liim allowance of twelve pounds out of the above Said Sum the remaining one hundred Sixty Eight pounds four Sliillings and one penny the Treas- urer will take the Same to his accompt and be Dcbtcd with the Same.
Voted, that the above proposal! be accepted and that the Treasurer be Charged with the Sum only of <£168: 4: 1, in full of Said accompt of Stores &c.
Then the house adjourned to fryday May y° 28*^" 1725.
404 PROVINCE OF NEW-HAMPSHIRE. [1725.
Fryday May the 28''^ 1725, a. m.
the house met all psent as yesterday Except Cap* Tibhetts and voted That theire Shall be henceforward allowed to Each Souldier in the pay and Service of the Province in any Stand- ing Sellouts for theire use in the Sumer Ensueing forty Bul- lets and Six flints, and for Every three months one pound of powder, & and if any Souldier be Exchanged he shall return his bullets and flints not expended in the Service or pay for them, & if any Man be Exchanged in a little Time to return his powder to y' man y* comes in his roome or to his Comand- iii officer.
James Jeffry Cl'^ Ass™
Sent up and Concurred with.
[p. 18.] Fryday May the 28t'> 1725.
In the house of Representatives,
Whereas there was a mistake in Cap*^ Andrew Wiggans Muster Role of his name and two others viz Tho^ Vaysey & Samuel Hilton that were not Numbered in it.
Voted, That there be allowed and paid out of the Publick Treasury the Sum of twelve Shillings for theire provisions in said four dayes Scout and that Benj^ Lamprey be alsoe allowed the Sum of three Shillings he not being numbered in his Muster Role.
Alsoe that M'' Richard Waldron be allowed and paid out of the Publick Treasury the Sum of Seventy three pounds in full for his Service as CV of the Councill to the 15^^ of Aprill 1725.
Alsoe that Cap* Nathaniel Hill be allowed for Furnishing Timothy Blake k Seven Souldiers three weeks & foure Dayes £10. Eod™ Die. In the house of Representatives,
A^oted, That Cap* John Knight and thirty-nine men under his Comand be paid out of the Publick Treasury, the Sum of four Shillings Each Man, the Said Role beginning 24 of 7-^ 1724.
James Jeffry CV Ass"'
Sent up and Concurr'd
Eod™ Die in the house of Representatives.
Whereas it Doth appear to this house that m'' Theodore Atkinson hath faithfully Discharged the Trust reposed in him his Late Negotiation to Canada this house returns him thanks for the Same, and Voted that there be paid him out
1725.]
JOURNAL OF THE HOUSE. 405
of the Piil)lick Treasury (besides what is allowed and paid him already for his Charges) the Sum of lifty two pounds for his Time in Said Negotiation.
James Jeffry CP Ass"^
Sent up for Concurrence. Eod™ Die. In the house of Representatives,
Whereas his hon'' the Liv' Govornor hath the whole Gov- ornm* as Comander in Chief Still continued upon him voted That he be presented and paid out of the Publick Treasury the Sum of one hundred and Twenty pounds for his Exter- ordinarv Care & Service Don in the Governm* in this time of warr. Jas Jeffry CP Ass"^
Sent up and Concurred, [p. 19.] Then the house adjourned to Sathurday y*" 29'*" May, 1725.
Sathurday May 29*'' 1725, a. m.
The house Met according to adjournment all psent as yesr tcrday and voted the Severall allowances to Ben]* Gambling as Sherif for his Serv^ 1724, <£13 : — to Cap* Nathan' Hill for 69 lb pork he bot 2 : —
to John Went worth as per his ac* 5 : 14
James Jetfry CV Ass™
The Comittce for Telling over the Money to be Burnt this assembly Made theire Return viz of the Treasurer for the Tax of £1076:16: Bro' into the Treasury for the yeare 172-1, £1076: 16
of the Comittee of the £15000 by the hands of George
JaffreyEscf £300:12: 4
|
of the Comittee for Exchanging the 5381 lb viz |
||
|
Coll John riaisted |
£37: 13 |
— |
|
Coll Weare |
£40: 14 |
6 |
|
Capt Wibird |
£68: 13 |
3 |
|
Geo Jaffrey |
£84: 11 |
3 |
|
Coll Hunking |
£ 9: 9 |
|
|
£241:01 |
||
|
Shadrach Walton |
||
|
Ea Dennit |
||
|
Theo Atkinson |
Eod'" Die. In the house of Representatives,
Voted that Each of the above psons be and are hereby Discharged of the above Said Sumes as Carryed of ag* theire Names.
James Jaffrey CP Ass™
406 PROVINCE OP NEW-HAMPSHIRE. [1725.
Eod"^ Die. M'' Clement Hughes Came into the house and agreed to farm the Excise & to pay for the Same from the 31** of December 1723 to the 31*^ of December 1725 the Sum of three hundred pounds.
Voted That the Said Excise is hereby farmed and Lett to the Said Clement Hughes for the Tcarm above, for the Said Sum of three hundred pounds to l)e paid into the Treasury by Said Hughes in full. Sent up and Concurr'd
Ja* Jeffry CV Ass"" [p. 20.]
a Mess* from the Board that twas his hon'' Desire that m'' Speaker & the house Come up to the Council Chamber which they Did & were Prorogued to 23'^ November 1725. Maj"^ John Gillman John Redman
Capt John Gillman John Sandburn
and Andrew Wiggan Escf all took out their Debentures to this Day.
May the 27*'' 1725 p. m. omitted in Due place. In the house of Represent*
Voted, that there be Signed off of the two thousand pounds Now ready Impressed the Sum of one thousand pounds and put into the Treasury for the payment of the Sundry. debts now allowed & remaining Due from the Province and other contingencies that may happen & that his hon'' the Liv* Gov- ernor be Desired to Issue out warrants for the payment of what Shall be now allowed and unpaid.
James Jeffry CP Ass™ Eod'" Die In the house of representatives,
Voted — That there be fifty three pounds Sixteen Shillings Signed off of the two thousand pounds Last printed and paid into the Treasury to Satisfy him for the fifty tlu'ce lb Sixteen Shillings whicli he allowed to the Constables in the Last years rates of .£1076, 16, whicli was burnt to ashes ac- cording to act etc.
James Jeffry CI'' Ass"'
Sent up May 28«'
concurr'd.
May the 28th 1725. In the house of Representatives
ordered That M'' Treasurer Penhallow do forthwith Call in all y'' Interest Money yet Due to y® Province on y'' 1730 lb Loan and other Dues Due to the Said Province and accompt for it at the Next Sitting of the ass"'.
James Jeffrv CP Ass"'
1725.] JOURNAL OF THE HOUSE. 407
[p. 21.] Fryday May the 28"> a. m.
In the house of Representatives Yoted — That there be a Tax of five hundred pounds laid on the Inhabitants of this Province and that it be Bro' into the Treasury by the Midle of febuary Next in any of the Provinces Bills in New England and that it Shall be applyed for Discharging y*^ Suport of the Government as the Gen" assembly Shall order and that an act be Drawn up accord- ingly and that Coll James Davis & Maj"' John Gillman be of the Comitte from this liouse to Joyn with a Comittee from the upper house to Draw up the act accordingly.
James Jeffry CI" Ass"^ Eod'" Die. a Mess'' y* it is concurr'd.
,;j, Munday O"" 15, 1725.
The house met By Spcciall Writ from y'' Liv* Governor & Comander in Chief.
Psent Mr Speaker Weare. John Plaisted ^ Cap' Wm Fellows
James Davis ( -p , , Sam Tibbets
John Gillman f ^ Benj^ VVentworth
Andre <v Wiggans J John Downing
John Gillman Mr John Redman John Sandburn Ea Dennit Theo Atkinson In the house of Representatives, Yoted — That Whereas the Ennemy Indians have made overtures of Peace with the Government with whome they have been at Warr & the Place being at Boston appointed for a Treaty, Yoted — That Two Psons be Chosen out of this house to go to Boston to assist the Liv' Governor att the Said Treaty in l^ehalf of this Government.
9' 15, 1725. James Jeflfry CV Ass™
Sent up for concurrence. Eod Die. In the house of Representatives,
Yoted — That Maj'' John Gillman & nV Theo Atkinson are the Psons Chosen out of this house for the Service above Said.
Jas Jeffry C? Ass'" Sent up
408 PROVINCE OF NEW-HAMPSHIRE. [1725.
& concurr'd with & By a Mess'' Pr m"' Clerk Waldroii that Capt Frost & Coll Walton are appointed above for y^ end. and the assembly Stands Prorogued to y® 23*^ Ins*
[p. 22.] Tuesday O"" 23'^ 1725. The house Met according to Prorogation. Psent M'' Speaker Weare John Plaisted ^ Cap* W' Fellows
Andrew Wiggans > Esqrs Sam" Tibbets James Davis J M'' John Redman
John Sandburn Ea Dennit and were Prorogued to the 13, X"^ 1725.
Munday X-" 13, 1725. The house Met according to Prorogation
Psent John Plaisted I ^^ .^ Capt W"^ Fellows
Andrew Wiggans \ ^^ ^ John Gillman
John Sandburn John Downing Eap Dennit and were Prorogued By the Psident of the Councill to Munday the 20 X'^l725.
Monday X^ 20*^ 1725 The house met according to Prorogation.
Psent John Plaisted \ -£. ^ Capt W"» Fellows
Andrew AViggans \ ^^ John Gillman
John Redman Ea Dennit Theo Atkinson Sam' Tibbets And were Prorogued to Munday the 27, X'' 1725.
1725.]
JOURNAL OP THE HOUSE. 409
Munday X"" the 27"" 1725 the house met according to Pro- gatioii psent,
John Flaisted ^ Cap* W" Fellows
Andrew Wiggan [ -p,^ John Downing
SanuicU Eastman [ ^'^*1^ John Gillman John Gillman j John Redman
John Sandburn Ea Dennit Theo Atkinson,
[p. 23.] A Mess* from the Board pr M' Clerk Waldron to know if there were a house. The Speaker being absent the liouse proceeded to Choose a Speaker Pro Tempore by writeing,
And Coll John Plaisted was chosen Speaker And then a Mess-' for the Speaker and the house to appeare at the Board, and they went up accordingly and returned, and a Message Came Down with the Gov"' Speech and the Coppy of the Treaty with the Indians at Boston was alsoe Sent Down.
(See Journal of General Assembly, pp. 187-190.)
And then the house adjourned to Thursday X'^ the 28*^.
Tuesday X'' the 28^^ 1725, The house met according to adjournment all psent as yesterday &
Cap* Sam Tibbets Coll Ja* Davis Cap' Wentworth, Eod" Die. In the house of Represent
Voted that there be a Comittee of both houses appointed to examin the Muster Roles and accounts now to ])e Bro* in and that m'^ Theo Atkinson and m^ William Fellows be a Comittee of this house to Joyn with a Comittee of the upper that Shall be appointed lor Said Service.
Jas Jeffry CP ass™ Sent up.
a Message from the Board That George JafFrey & John Frost Esq'* were appointed to Joyn with those above for that end.
Eod"i Die. A Petition of the Inhabitants of Sandy beech was Read praying to be Set off a Distinct District from New castle &c
Then the house adjourned Wednesday X"" y*" 29, 1725
410 PROVINCE OF NEW-HAMPSHIRE. [1725.
The house met according to adjournment pscnt M'' Speaker Plaisted James Davis ^ Cap* W™ Fellows
John Gillman i ^ Samuell Tibbets
Sam" Eastman [ ^ Benjamin Wentwortli
Andrew Wia'sans J John Gillman
'■bo
John Downing John Redman John Sandburn Ea Dennit Theo Atkinson, [p. 24.] In the house of Representatives
That Whereas the act of Excise of this Province is Neare Expiring
Voted That it be now revived for three years & all Re- talers pay Six pence pr Gallon, and Taverns Eight pence pr Gallon Excise ; and that none be free from paying Excise for any quantity under twenty five Gallons and that an act be Drawn up accordingly and that andrew Wiggans Esq'^ & m^ Ea|)hraim Dennit be a Comittec of this house to Joyn with a Comittee of the upper house to Draw up Said act
Jas. Jeffry CI"" Ass"' Eod™ Die
In Council X-" 28'S 1725 Whereas it was ordered by the Gen" Assembly the 26 of May Last past upon the Petition of John Gate & others (praying for an addition to the Precinct of Greenland) that y'' Selectmen of Portsmouth Should be Served with a Coppy of the Said Petition, who were to Notifie 'the Said Town to appeare this Day before the Gen" Assembly (to Shew Cause if any they had, wliy the Prayer of the Petition Should not be granted and Whereas the Selectmen were not Served with a Coppy thereof, together with a Coppy of the Said order & this vote fortliwith and that the hearing on Said Petition be on tuesday Next, if the Gencrall Assembly be then Sitting & if not then on the Second day of the Next Spring Sessions
" Richard Waldron CI"" Con. X'' the 28"* In the house of Representatives read & Concurr'd James Jeffry CV Ass""
Decem 29, 1725 In the house of Representatives
upon Reconsidering the Sandy beech Petition & of y
1725.] JOURNAL OF THE HOUSE. 411
heareing thereon, and the Greenland Petition interfering with the Sandy beech Petition
Voted — That the Greenland Petition and Sandy beech Pe tition be both heard on the Second day of the Sitting of the •Spring Sessions and that all parties be Notilied accordingly
James Jefifry Cl^ Ass™ Eod'" Die. In the house of Representatives
Voted — That May John Gillman & m' Eap Dennit be a Comittee of this house to Joyn with a Comittee of the upper house to tell over the Money that is Bro' in to be burnt this assembly
James Jeffry CV Ass'" [p. 25.] Eod'" Die. a Mess'' from the Board that Sli'^ Walton & Jotham Odiorne Esq''* be appointed a Comittee of the upper house for telling over the Money
Then the house adjourned to Thursday y*^ 30"', 1725
Thursday the thirtieth of X-" 1725 The house met according to adjournment all Psent as yes- terday and adjourned to fryday X"^ the 81 : 1725
Fryday X"^ the 31*' 1725 The house met according to ad- journment all Psent as yesterday Eod"' Die. In the house of Representatives,
Voted — That there be Impressed forthwith two thousand pounds Bills of Credit on this Province, and Signed l)y a Comittee to be appointed by both houses, and by them paid into the Treasury from time to time, by order of the Generall Assembly, for Defraying the Charges of y^ Government oc- casioned by the Warr, and to repay the same that it be raised by a Tax on the Inhabitants of this Province one half in the yeare 1735, and the other half in the yeare 1736, and when Brot into the Treasury, to be Burnt to ashes in Psence of the Generall assembly, the said Bills to be repaid in Such Species as Shall be agreed upon by the Gen" ass'" from time to time and that an act be Drawn up accordingly, and that John Plaisted Escf , and m"' Theo At- kinson be a Comittee of this house to Joyn with a Comittee of y*' upper house to Signe Said Bills, and that the Said John Plaisted and nf Theo Atkinson be a Comittee of this house to Joyn w"' a Comittee of the upper house to Draw up a Bill accordingly
James Jeffry CI' ass™
L
412 PROVINCE OF NEW-HAMPSHIRE. [1725.
Eod™ Die. a vote past for payment of James Jeffrys Sallary from y*^ 19"' of November 1724 to the 19"' of 9'- 1725 for the Sum of ten pounds and for being on Comittcs & other Extre Service the Sum of five pounds
James Jeffry CI"' ass"^ Eod™ Die. a Mess^ pr m"" CV Waldron the above vote was concurr'd
[p. 26.] X^ y^ 31 1725
The Psons that were Chosen a Comittee to tell over the old broken Defaced Bills of Credit that were Brot in from the Trustees for Ex- changing the ii'-jSi lb Made their Return that there was Brot and Burnt in Psence of the Gen*^ Assembly of that money the Same of one hun- dred Twenty Seven pounds fifteen Shillings viz
from Richard Wibird ~\ £80 12 3
George Jaffrey I p £57 14 9
John Gillman f "^^^ £ 6 3 -
John Plaisted J £53 5 - £197 15
Eod"" Die. In the house of Representatives,
Voted — That Each Pson be and are hereby Discharged of the Severall Sumes Carryed off ag* thcire Names
James Jeffry CI'' ass™ Then the house adjourned to Sathurday Jan"" y'' 1^', 1725 [6].
Sathurday Jan'^ the first 1725 The house met according to adjournment as Psent as yesterday
To the hon'''*' the Liv' Governor & Comander in chief in and over his
JMaj''*"* Province of New hampshire in New England and the hon'''^
the Councill & the Representatives of the Said Province
Tlio we are loth to Expose the weakness of our Brother the reverend
m'' Hugh Adams, yet inasmuch as he has So Publickly Exposed him
selfe by addressing to your hon'' & the Generall assembly a Manuscript
So full of Enthusiasm & Impertinence, In obedience to your Desire we
have considered the contents of the said Manuscript and have made the
following remarks —
1) Wee are Sorry to See that m'' Adams has therein Discovered such an affectation of finding out new and Strang doctrines in Divinity.
2) That he Should So wretchedly pervert the Sacred Scriptures to Support his odd extravagant Notions.
3) That he has So little Modesty as confidently to Set up his Single oppinion in Many Instances in opposition to the Judgment of all the famous divines in the world
4) That he layes So great a Stress on his groundless opinion as to INIake fundamental! articles of faith and Such an unchristian uncliari- table Spirit in complaining to the almighty ag' Som verry worthy Psons for Crossing his unreasonable Humor
[p. 27.] on these & Severall other accounts that Might be Mentioned
1726.] JOURNAL OF THE HOUSE. 413
■wee Judge the above Said manuscript unworthy of the Least counten" from the Goverment
So recomeuding y'' hon"" & this hon'^'" house to the Divine Conduct in all the Important affairs that lie before you wee Subscribe our Selves your most humble & obedient Servants
Jabez Fitch AVilliam Shurtleff In the name and at the Desire of the Ministers of the Province.
In Councill X^ the 29"^ 1725 Yoted — That the foregoing Report of the Reverend Minis- ters upon the Manuscript therein Mentioned, he accepted and that the Reverend Gen' have the Thanks of the Gover- ment for the same and ordered that the Said ^Manuscript be Lodged in the Secretaries office, and that the Clerk of the Councill be and is hereby Directed, not to give a Coppy of the Said Manuscript or any part thereof Directly or Indirect- ly, to any Pson or any Psence whatsoever without Leave or Consent of the Gen'^ assembly for the Same.
Richard Waldron CP of Con Jan'' the 1^' 1725-6 In the house of Representatives Read and concurred James Jeffry CI"" ass™
Then the house adjourn'd to "Wednesday Jan' 5"^ 1725 Wednesday January the 5'*^ 1725 The house met according to adjournment Psent m"" Speaker Plaisted John Gillman ) j,^ ^, Capt. W™ Fellows
Andrew Wiggans ) ^ John Gillman ^
m' Ea Dennit John Sandburn John Redman Wednesday Jan"" the 5**" 1725 There was Bro* in and Burnt in the Gen" Assembly the Sume of fifty Three pounds Eight Shillings & nine pence, of the £5384 from Maj John Gillman one of the Trustees for Excha that Money and the S'^ John Gillman is hereby Discharged of the S'' Sum of £53 : 8: 9 James Jeffry CV ass'"
Report of auditing committee.
[See Journal of General Assembly, p. 199.] [p. 29.] The house adjourned to thursday JanMhe 6"^ 1725
Thursday Jan"" the 6^^ 1725 The house met according to adjournment all psent as yesterday and Cap' Downing Wcnt- worth <fc Eastman
414 PROVINCE OF NEW-HAMPSHIRE. [1726.
In the house of Representatives. The answer to the Gover Speech as on fyle Sent u])- a vote upon Sandy Beech Petion Entred here Eod'" Die. In the house of Representatives At a Rehearing of tlie affaire of Sandy beech Petition Voted, That the Petitioners be Let off from all Charges both of Poore & all other Town Charges relating to the Ministry and Schools of the Town whereto they belong, and that Said Petitioners pay fourteen pounds a yeare to the Island of New Castle towards the Support of the Ministry There During the Continuing of the reverend m"^ William Shurtlif in the Ministry there, and That the Island of New Castle be allowed and paid twelve pounds per annum out of the Excise towards the Sallary of m"" William Shurtlif During his abode at New Castle in the Ministry there : and that the Petitioners are obliged to make good all former arrearages & Ingagements [p. 80.] in the Towns whereto they belong, and that the Pe- titioners are obliged to Maintain an able Orthodox Minister of the Gospell at their own Charges, and that the Island of New Castle be at liberty about a Gramer Schoole, and that the Petitioners be and are hereby Impowered to ]\Iake Taxes for the Maintaining theire Minister and Poore as other Towns in this Province are
m"^ John Redman & in^ John Sandburn Entered theire Dissent ag' the above vote
James Jeffry CP Ass"
In the house of Representatives Voted : That Mathew Clark of Londonderry be paid out of the thousand Seventy Six pounds Sixteen Shillings Tax next to be burnt for the yeare 1725 the Sum of <£4 : 4 : 6 for Soe much of this Prov Money Burnt with his house
James Jeffry CI"" Ass" Jan-^ (3, 1725
Eod"^ Die. In the house of Representatives Voted : That Thomas Alden be allowed and paid out of the Publick Treasury the Sum of <£7 : 3: 6 in full of his ac- count for his administration to Joseph Pomfery a Souldier Died in the Service
James Jeffry C^ Ass™ Then the house adjourned to January y® 7^^^
1726.] JOURNAL OF THE HOUSE. 415
Fryclay January the 7"' 1725 all psent as yesterday Except Andrew Wiggans Es(f
Cap' Sam Tibbets Came this day
Eod™ Die. Voted, That Thomas Harvy be allowed and paid out of the Publick Treasury the Sum of Six pounds for the Entertainm* of Eleazer Davis in full of his account
James Jeffry CF Ass™
Eod™ Die. There was Bro' into the Assembly and Burnt the Sum of Nineteen pounds lourtecn Shillings & Six pence of the 5384 lb By Coll Mark Hunking one of the Trustees for Exchanging that money and the Said Coll Mark Hunk- ing is hereby Discharged of the Said Sum
James Jeffry CI' Ass™
Eod"" Die, voted that Jonathan Sandburn be allowed and paid out of the Publick Treasury the Sume of thirty three Shillings in full for horses Meat Corn hay &c for Cap* Walkers Troopes.
James Jeffry CP Ass™
Eod™ Die. Voted, That m" Susannah Small be allowed and paid out of y** Publick Treasury the Sum of 18 lb (besides the 121b already allowed her) for house rent fire & Candles from the 1 of S' 1723 to the first of S' 1725 for the Councill Ass™ & Courts
James Jeffry CY Ass™ [p. 31.] Jan' 7"^ 1725
In the house of representatives
Voted, That there be the Sum of five hundred pounds Impressed (w'** the two thousand voted this Sessions to be Emitted for the Exchanging any Broken Bills of this Pro- vince (Except the old red figured bills ) and that three hun- dred pounds of it be Imediatly after printing Signed of and put into the Treasury for that End
James Jeffry CY Ass™
nonconcurr'd
Eod™ Die. In the house of Representatives
Voted, That Coll Walton be allowed and paid £9: 10: the Ball^ of his ac* to the Eastward in full of all Demands for his Journy and Charges to the Eastward : and that Lang he allowed Cen' pay —
James Jaffry CV Ass™
Eod™ Die : In the house &c
Voted, That there be signed off of the Two thousand
416 PROVINCE OF NEW-HAMPSHIRE. [1726.
pounds now ordered to be Impress'd the Sum of <£900: and put into the Treasury for the payment of the Sundry Debts now allowed and Due from the Province, and other contin- gencies that may happen and that his hon"" the Liv' Governor be Desired to Issue out warrants for the payment of what Shall be Now allowed and unpaid
James Jeffry CI' ass™
Eod Die.
Voted That there be the Sum of X500 Impressed (with the 2 M lb voted this Sessions to be Emitted) for the Exchang- ing any Broken bills of Credit of this Province (of any Im- pression Since 1715) and that 300 lb of it be Imediately after Printed Signed off and put into the Treasury for that End
James Jeffry CP ass™
Jan-" y« 8^^ 1725 Voted : That there be paid out of the Publick Treasury for the head of Every grown Wolfe : Killed in this Province the Sum of thirty Shillings : besides what is already allowed by Law Which will make the Sum of five pounds for Every Wolfs head Killed as above
James Jeffry CP ass™
■ Then the house adjourned to Sathurday Jan"" the 8"^
Sathurday January the Eighth 1725 The house Met according to adjournment all psent as yes- terday [p. 32.] In the house of Eepresentatives,
Voted That Benjamin Akerman be allowed and paid out of the Publick Treasury the sum of three pounds more than formerly allowed him for this present yeare : but not to be paid untill the yeare is up : and that for the future he be allowed and paid out of y® Publick Treasury ( after this pres- ent yeare) the Sume of ten pounds per annum for his attend- ance on the Governor Councill & assembly
James Jeffry CV Ass™ Eod™ Die. Voted That M"" Eleazer Russell print all the acts That are Made already and not printed that are not Ex- pired and that arc Made Since the yeare 1721 ; and that he be allowed and paid out of the Pul^lick Treasury the sum of thirty five Shillings pr Sheet and So in proportion for a Longer or Shorter Print : and that Hee Supply Each Town in the Province w"' one gratis and that the CI"" of the Coun-
i
1720.] JOURNAL OF THE HOUSE. 417
cill be Directed to g'ive him Copies of the Said acts in force Now, and Made this Sessions, for that end :
James Jafifrey CI'" Ass'"^ Eod^i Die In the honse &c
The Excise act read tliree times and past to be Enacted and to Comence from this Day ; with tlie amendment that y*' live pounds be in lieu of the Quarterly Excise according to y*" former votes of this house.
James Jeffry CP Ass"*
Voted That the Excise of this Province be farmed to the highest Bidder that is a Suitable Qualified pson for three years from the Date hereof; and that the pson or psons that farms it give Security for the payment yearely, and that a Comittee of both houses be appointed to meet at the Court house in Portsmouth on the lO"" of this Ins* Jan'', at ten of the Clock in the forenoon to Let out the Same and that Pub- lick Notifications be Set up in Every Town in the Province, to Notifie accordingly and that nV Ephraim Dennit & Capt Benjamin Wentworth be a Comittee of this house for that End James Jeffry C^ Ass™
Eod'" Die. a Mess''' from the Board by m"" CP Waldron that the aljove vote was concurr'd with and Geo Jaffrey & Sh^ Walton Esq'* were appointed from y'^ Board a Comittee for y" End above Said, [p. 33.] Jan-- the 8"^ 1725
In the house of Representatives,
Whereas his hon'' the Liv' Govornor hath had the whole Goverm* as comander in Chief Still continued upon him : Voted that his hon' be presented & paid out of the Publick Treasury the Sum of one hundred and twenty pounds for his Exterordinary Care and Service don in the Goverm* in this time of the Warr James Jaffry CI' Ass™
Eod™ Die In the house of Rep
The act for Emitting of 2 M 5 C pounds past to be Enact- ed five C of it for Exchanging the Broken Bill Imprest Since 1715
and the assembly was Prorogued to the 11"' ap' 1726
M' Eaphraim Dennit ^
Cayj' W™ Fellows > took out their Deljentures to this Day
Coll John Plaisted )
Coll James Davis ) 4. 4.^ a ^ rr- ^
^ r, 1 rp-n . to the Same Imie
Cap Samuel Tibbets \
M' Speaker Weare to the same time
27
418 PROVINCE OF NEW-HAMPSHIRE. [1726.
[p. 34.] Mundy Aprill 11"> 172(3
The house met according to prorogation psent m^ Speaker Weare John Plaisted Cap* William Fellows
John Gillman John Downing
Theo Atkinson John Gillman
M'' John Redman Eaphr'^ Dennit A message from the Liv* Govornor pr m' Clark Waldron that the Board Desire the house to Come up :
The Speaker and the house went up accordingly. The house Returnd and the Liv* Govornors Speech was sent Down
[See Journal of General Assembly, p. 205.] A Petition of the South Parish of hampton or Hampton Falls : that they may be Seperated from the North Parish to make theire P'ish and Province Rates by them Selves — a vote of the Councill That the North p'ish appeare on thursday Next to Shew Cause (if any) why the prayer of the Petition may not be granted
In the house of Representatives Voted that the first p'ish of hampton be Notified to appeare the 2'^ Day of the Sitting of the Gen" ass"".
J Jefifry C Ass™ Eod™ Die.
A Mess* from the Board that the above amendment was concurrd with. Eod™ Die. In the house of Representatives
Voted that m'' Theo Atkinson and m'' Ea Dennit be a Comittee of the house to joyn. with a Comittee of the upper house to tell over the Money that is to be Burnt at this Ses- sion of y^ Gen" ass"\
Jas Jeffry CP Ass" Eod'" Die.
A Mess* pr nV Clark "Waldron that the aljove vote was con- curd w"\
and That Richard Wibird & Jotham Odiorne Esq" are ap- pointed from the Board to joyn with the Comittee above for that end. [p. 35.] Eod"^ Die. In the house of Representatives
Voted That m'^ Theo Atkinson & Cap* W^ Fellows be a Comittee of this house to joyn with a Comittee of the up-
1726.]
JOURNAL OF THE HOUSE. 419
per house to Draw up a Congratulatory address to his Most Gracious Maj"'' on his happy return to his Kingdom of Great Brittaine.
James Jeifry, CP Ass™
A Message from the Board pr uf Clark Waldron that the above vote was concurrd with and that Geo Jaffry & Tho'' Westbrook Esq'* was appointed at the Board to joyn for the End above said.
Then the house adjourned to Tuesday api-^ the 12"* a. m. Nine of the Clock.
Tuesday Aprill 12*^ 1726 a. m.
The house met according to adjournment all psent as yes- terday and m'' John Sandburn A Petition of the Selectmen of the Town of Londonderry to be Excused from i)aying Rates and Sending an assembly [man] for Said Town, Excus- ing themselves for that theire Charter gives them liberty for Settlement three yeare after the Warr ceases the Petition was read and the Charter Demanded & time given to bring it in.
Then the house adjourned for two hours p. m.
Tuesday ap' 12^^ 1726 p. m. the house met according to adjournment all Psent as in the morning
Then the house adjourned to Wednesday y'^ 13"^ 1726 a. m.
"Wednesday aprill the 13*'' a. m. The house met accord- ing to adjournment all Psent as yesterday and Andrew Wig- gans Esq'
In Councill aprill 12'^ 1726
Upon Reading y* Londonderry Petition & Considering y° Reasons therein assigned to Enforce the Prayer thereof voted that the Town of Londonderry be Excused from Sending a Representative to y® Gen" ass'" & Exempt from the Province Tax till farther order
R Waldron CP Councill
ap' 13"* in the house of Representatives,
read & Nonconcur' d
Jas Jeffry CI' Ass"* [p. 36.] In the house of Representatives
Voted — That the Town of Londonderry pay Sixty pounds In a thousand to the Province Tax this yeare
Sent up for Concurrence James Jeffry CI"" ass™
The house adjourned for two hours p. m.
420 PROVINCE OF NEW-HAMPSHIRE. [1726.
Wednesday ap' 13* 1726 : The house met according to ad- journment A. M. all Psent as in the morning the Londery vote Return'd and noncurr'd The house adjourned to thursday ap"" 14'*" 1726 a. m.
Thursday ap"^ 14*^ 1726 a. m. The house met according to adjournment all Psent as yesterday
Whereas Samuel Eastman Esq' Late the Represent^ for the Town of Kingston (in this assembly) is Lately Deceasd and alsoe m'' Benj^ Wentworth Late one of the Representa- tives for the Town of Dover in this assembly is alsoe Lately Deceased Ordered that m"^ Speaker Weare Issue out his war- rants to the Sherrif of this Province, to Issue his prcept to the Select men of the Towns of Dover & Kingstown to make Choice of a Representative in each Town : in the Roome of Sam" Eastman Esq' and M"" Benj'^ Wentworth Deceased to ap- peare at the assembly to Represent Said Towns at the Next Sessions
James Jeffry CI"" ass™
the house adjourned for two hours p. m.
Thursday ap' 14"> 1726 p. M.
The house met according to adjournment all Psent as in the Morning Eod™ Die. In the house of Representatives,
Voted — the consideration of the Sandy Beech Petition be referred to the next Sitting of the Gen" Ass°^
James Jeffry CI"" Ass"^ [p. 37.] Eod-" Die. a Petition of Eliphalet & Tristam Cof- fin praying an Entaile of Certaine Lands In the Town of Dover Given them by theire Grandfather Peter Coffin Late of Exeter Esq' Deceased by his Deed Dated the 25 of Dec' 1695 and upon reading the Said Petition & Seing the Intent of the Said Peter Coffin in another Deed Dated 24"' 9' 1714 that he intended a fee Simple Therefore a vote past that for preventing of Disputes hereafter : that an act be past that the Lands in Sd Deeds Shall be an absolute fee Simple in Tristam & Eli})halet Coffin — and a Bill was Bro^ in read and past to be enacted.
The Sandy Beech Petition being in Dispute whether it Should pas with the amendments on the vote of the Coun- cillj and the house consisting then of Eleven members pres-
17-2G.] JOURNAL OF THE HOUSE. 421
ent, five were for jiassing on it with the amendment & five ag' it and y" it rested with the Speaker to Determine the vote who tooke time to consider thereon till the Next Morning & then the house adjorned to fryday y*^ 15'^' ap'' 1726.
Fryday ap"" 15'^ 1726 a. m. The house met according to adiournmcnt all Psent as yesterday Eod'" Die. In the house of Representatives,
Voted — That three of the members of this house waite upon his lion"^ the Liv' Govornor, to assist at the Ratification of the Peace with the Indians at Casco in y® behalfe of this Province when the Time may be Settled
and that m' Speaker Weare m'' Theo : Atkinson & Maj"^ John Oilman are the Psons chosen out of this house for that Service :
James Jefifry CP ass'"
A mess^ pr m^ Clark Waldron that the above vote was Concurrd w*'^ and that Geo Jaffrey Coll Sh=* Walton & Rich- ard Wibird Esq^ be a Comittee from the Board to Joyn the above Comittee for y*^ End — [p. 38.] In Councill ap-" 15"' 1726
Voted — That George Jaffrey Estf & Richard Wibird Esq'' be of the Comittee of audit from the Board to Examin the Publick accompts to be Brought under consideration this Sessions & to Continue auditors for the veare Ensueing
R. Waldron CI'" Concill Eod™ Die. In the house of Representatives
the above vote read and concurrd —
and voted, That andrew Wiggans Esq'' Cap* William Fel- lows & m" Theo atkinson be of the Comittee of this house to Joyn with the Comittee above tor that end —
James Jeffry CI"" ass™ Eod'« Die.
an acct of what money of the old Impression was Bro' in
& Burnt Bv the Comittee appointed to Examine the Same of
the 5381 lb Bro^ in by Coll Dunking £12:19:6
Coll W^eare <£82 : 1 :
R. Wil)ird Esq-- £39 : 5:3
CollPlaistcd £12:10:6
£146: 16: 3 Eod™ Die In the house of Representatives,
422 PROVINCE OF NEW-HAMPSHIRE. [1726.
Voted That each of y* above psons are Discharged of the Sums as above Carrjed off ag* theire hands.
James Jefifry CP ass™
Bro* in from M"^ Treasurer Penhallow of the Last years 1076: 16 Tax £738:17:3
We whose Names are hereunto Subscribed have told over y® above Sums of Money from the above mentioned psons & find the Sums to be as above
R. Wibird Theo Atkinson
Jotham Odiorn Eaphr^ Dennit
The act for taking of an Entaill on Some Lands in Dover belonging to Eliphalet Coffin & Tristam Coffin was read three times and past to be Enacted
Then the house adjourned for two hours p. m. [p. 39.] Fryday aprill 15*" 1726 p. m. The house met ac- cording to adjournment all psent as in the morning
Eod'" Die. In the house of Representatives
Voted That the Treasurer Supply his hon*^ the Liv' Gov"^ & Those Gen*^ appointed to waite on him to Casco to Ratify the Peace with the Lidians with the Sume of Twenty pounds to be used at theire Discretion for a present to the Indians
Jam^ Jeffry CI' ass™
Eod™ Die. In the house &c
Voted that the Treasurer Supply his hon' the Liv* Gov- orner & those Gen* appointed to waite on him with all Such Necess^ as may be by them Tho' convenient for theire stores.
James Jeffry CI"" ass™
A Message from the Board pr Geo Jaffrey Esq"" & m"" Clark Waldron that his hon"' the Liv*- Govern"" adjourned this assembly to tuesday the 26"' Ins*
James Jeffry CP ass™
Tuesday ap' 26 : 1726 The house met according to adjournment psent m"^ Speaker Wcare John Plaisted J Capt W™ Fellows
James Davis > Esq" John Downing
Andrew Wiggans ) John Gillman
M^ John Redman John Sandburn Cap* Sam" Tibbets m'' Eaphraim Dennit Theo Atkinson
1726.] JOURNAL OF THE HOUSE. 423
m'^ Sherif Gambling made return of the precepts given for Kingston & Dover : and that Cap* Paul Gerrish was Legally Chosen a Representative for the Town of Dover in the roome of Cap* Benjamin Wentworth Deceas'd and that m"" Ebenezer Stephens was chosen at Kingston in y^ Roome of Samuell Eastman Esq'' Deceas'd
[p. 40.] Cap* Paul Gerrish and nV Ebenezer Stephens were presen'^ the Board to be quallified as Me'bers of the lower house Which was accordingly Don and they return'd and took their places.
Cap* Paul Gerrish m'' Ebenezer Stephens
Then the house adjourned to "Wednesday the 27 a. m.
Wednesday aprill 27'*" a. m. 1726
The house met according to adjournment all psent as yes- terday—
Eod"^ Die In the house of Representatives,
Voted, That Coll John Plaisted & Cap' W™ Fellows be a Comittee of this house to answer the Liv' Gov'' Speech
James Jeffry Clr
Eod™ Die. The above Comittee made return of the answer which was accepted
Then the house adjourned for Two hours p. m.
Wednesday ap'" 27"' 1726 p. m. the house met according to adjournment all psent as in the morning —
Eod™ Die In the house of Representatives,
Voted : That leave be given to Bring in a Bill for the Chusing an assembly once in three years — It past in the affirmative
James Jeffry CV ass™
Eod'" Die.
In the house of Representatives
a vote past for Sandy beech Petitions to be a p'ish by the name of Rye &c & Sent up —
James Jeffry CV ass"
Then the house adjourned to Thursday y® 28"^ ap"" a. m.
Thursday aprill 28*^, 1726 a. m.
the house met according to adjournment all psent as yes- terday
424 PROVINCE OF NEW-HAMPSHIRE. [1726.
[p. 41.] A Message from the Board pr John Frost Esq'', with a Coppy of a letter Liv*^ Gov'' Dumer Sent the Eastern Indians appointing the Ratification of the Treaty with them to be on the 20th of June next at Fahuouth : Tho the In- dians Desire it might he at Pemaquid
Eod™ Die. In the house of Representatives Voted : That Samuell French be allowed and paid out of the Pul)lick Treasury Eight pounds Sixteen Shillings in full of all Demands on his accompt for Doctor Halls curing him of a Shot wound, & Diet & Lodging the Said Sum being in full for all Demands
James Jeffry CI'' Assembly a Mess^ pr m'' Waldron that the above vote was concurr'd with Eod'^^ Die In the house of Representatives Whereas there was a vote of the Gen" assembly May the 28, 1720 That the Treasurer Should pay twelve pounds pr annum out of the Town of Gospert Province Rate to the Town of New Castle :
Voted : That the Said twelve pounds for the future be paid into the Publick Treasury for the use of the Province.
Ja^ Jaffry CP ass'" Sent up & Concurr'd : Eod'" Die. In the house of Representatives,
The vote : for Sandy Beach Petitioners : after Severall amendm'^ was voted and Sent up and Now to be Named the P'ish of Rye ;
aprill 25^" 1726 ; an accompt of the men y^ was Mist & not Entred in Capt John Gillmans Muster Roll in y® yeare 1725
|
Samuell Elkins : |
10 |
days |
£-: |
14: |
4 |
|
John Rowlins |
7 |
£-: |
;10: |
||
|
Moses Norris |
5 |
£-: |
7 : |
2 |
|
|
John^ Glidden |
16 |
£1: |
2 : |
10 |
|
|
John Mugget |
15 |
£1: |
; l": |
5 |
|
|
Joshua Norton |
28 |
£2: |
; — : |
||
|
Elnathan Damn |
25 |
£1: |
•10: |
£7:05: 9 In the house of Representatives Voted y* y^ Severall psons above named be alloAved and paid out of y" Publick Treasury y* wages Sett off"
Sent up & concurrd James Jeffry CV ass"^
[p. 42.] The house adjournal for Two hours p. m.
1726.]
JOURNAL OF THE HOUSE. 425
Thursday aprill 28^'' 172G p. m. the house met according to adjournment all psent as in the morning Except m' Tlieo atkinson Eod" Die. In the house of Representatives
Voted, That the records of Deeds for the Province of New hampshire be constantly Kept at Som convenient house in the Bank in Portsmouth, and alsoe voted That Coll Mark Hunking Esff be the recorder of Deeds for the Province of New hampshire for three years from the Tenth day of May next James Jeffry CI"" ass™
Sent up and Concurrd with, Eod'" Die. In the house of Representatives,
Voted, That the Recorder of Deeds & conveyances for this Province Shall take Recording Each Deed & Mortgage or conveyance, after the rate of one Shilling pr page for Each page of Eight and Twenty lines in each page & Eight words in a line & Sixpence for his attestation & no More on the Penaltie by Law Provided :
James Jeffry CI'' ass" Sent up & concurr'd.
Then the house adjourned to Fryday aprill 29, 1726.
Fryday aprill 29 1726 a. m.
The house met according to adjournment all psent as yes- terday morning. Eod°^ Die. In the house of Representatives
Ordered, That m"' Treasurer Penhallow Bring in the 1076"^ 16' Province Tax for the yeare 1725 to be Burnt and alsoe bring his accompt to the auditors appointed to Examine them y* they may be Past upon. Sent to the Treasurer by one of the members.
James Jeffry Cle"" Ass'"
Then the house adjourned for two hours r. m. Fryday ap-" 29 : 1726 p. m.
The house met according to adjournment all psent as in the morning [p. 43.] In Councill aprill the 29**' 1726
Voted : That m^ Richard Waldron Clerk of the Councill and nV James Jeffrey Clark of the assembly be a Comittee to Examin all y* files and books of Laws of this Province that are not printed & Revise them that are already printed & make report to the Gen" assembly, at theire Sessions in
426 PROVINCE OF NEW-HAMPSHIRE, [1726.
the fall of Such as may be proper to be printed & Repealed That there may be a more Compleat Body of Laws compiled & Impressed, for which they Shall receive out of the Treas- ury the Sum that they may be agreed with for
Rich'i Waldron CP Con Bod"* Die read in the house
Then the house adjourned to Sathurday aprill 30"^ 1726 A. M.
Sathurday Aprill 30 : 1726 a. m.
The house met according to adjournment all psent as yes- terday Eod"" Die. In the house of Representatives,
The voate of the Councill of the 29**" Ins'^ for Reviseing the Laws was Read and Concurd with ; with this amend- ment. That those Laws that Shall be Bro' into this assem- bly by the Said Comittee & approved of By the Gen" assem- bly, & ordered by them to be Printed, as alsoe the Laws that Shall hereafter be made & ordered to be printed by the Gen" assembly of this Province, shall be the only laws Pleadable and in force within any Court in this Prov, and no other (Except- ing where the Statute or Comon Law of England ought to take place James Jeffry CP asm
In Councill Eod"^ Die
Read & Concurrd Richard Waldron CP Con
Bod"* Die In the house of Representatives
Whereas the Boundaries of this Province have been long depending & yet not Setled, which is very much to the Dam- age of this his Maj''^^ Goverment Especially in as much as the Goverment of the Massach'* have lately Disposed of & Laid out considerable Quantities of land which is Supposed to be farr within the bounds of this Province and are about granting more of the Said Land which is a very Great Griveance &c
[p. 44.] Voted, That there be Instructions Drawn up Set- ting forth y'' Said Grievance praying that his Maj"'^ may be adressed to Signifie where the Lines of this Province Shall be : for length and Breadth in more certainety than Ever was yet Don & that the address be forwarded to m^ agent Newman to be presented to y* King : & Tliat m"" agent New- man have one hundred pounds this Money Sent him for the
1726.] JOURNAL OF THE HOUSE. 427
Same and other his good Services — and that Cap* William Fellows tfc m' Tlieo atkinson be a Comittee of this house to Joyne with a Comittee of the upper house to Draw up the address and Instructions for m'' agent Newman concerning it. James Jeffry CP ass™
Eod" Die In the house of Representatives :
Ordered That the Grand Comittee for the 15 M pounds Imediately Set up Notifications on the Fublick meeting houses throughout the Province requireing those Psons that has taken any of that money : before the Next fall Sessions, to Comply w*'' the act relating to that Money : or otherwise the Law to be put in Execution ag' them : and that a Coppy of this voate be Set up with tlieire Notifications
James Jeffry CV ass'"
Sent up and Concurrd
Eod™ Die. In the house of Representatives
Ordered — That the Plates for Impressing the paper Bills of this Province be Brot in & Delivered Coll Plaisted (from whome they were taken) for the use of the Province & for the Safe Keeping thereof
James Jeffry CV ass™
Sent up & Concurrd :
March f 26, 1726 : m^ Treasurer Penhallow Dr to £900 to be rec*^ from the Comittee for Signing the new money of the Last Impression as pr his rec. aprill 4*" 1725 :
Do Dr to 300 lb of the Same Impression for Exchanging the Broken money as pr rec ap"" 4: 1726 : Eod™ Die. Voted — That there be a Precept Sent to the Town of New Castle to Chuse a meet Pson to represent the Pish of Rye in the fall Sessions
James Jeffry CI"" ass™ [p. 45.] ap^ 30^^: 1726 A. M.
Whereas his hon"" the Liv* Governor hath had the whole Goverm* as Comander in Chief Still continued upon him
Voted — That his hon'' be presented and paid out of the Publick Treasury the Sum of one hundred pounds for his ex- terordinary Care & Service Don
Sent up James Jeffry CP ass™
428
PROVINCE OF NEW-HAMPSHIRE.
ri726.
Allowances Made ap' 30"i 1726 by the Coinitte of audit
|
John Wentworth Jun'' |
£6 14 1 |
■ |
|||
|
John Peacock |
£6 9 4 |
Mark Hunking |
|||
|
Benj'' Rust |
£9 17 8 |
Geo JaflFrey |
Q |
||
|
John* Sandburn |
£1 10 |
O |
|||
|
Idem |
£2 17 |
► W"^ Fellows |
^§- |
||
|
Idem |
£1 16 |
Theo Atkinson |
|||
|
Idem |
£3 6 |
(0 |
|||
|
to m"" Eaphraim |
Dennit |
||||
|
& Geo Jaflry |
£1 |
. |
Eod™ Die. In the house of Representatives
The Report of the Comittee of audit That there is Due to the Prov- ince on the Ballauce of m'' Treasurer Penhallows accompts £201 : 9 : 1 Mark Ilunking I W^ Fellows Richard Wibird | Theo : Atkinson. and likewise G hh''"^ bread & 2 bb of Pork am** to £01.
Then the house was adjourned hy his hon"' the Liv* Gov- ernor to Wednesday May IS^*" 172(3.
Wednesday May 18*'^ 1726 : The house met according to adjournment Psent Mr, Speaker Weare.
John GiUman ^ Andrew Wiggans ! ^ James Davis [ ^
John Plaisted J
W™ Fellows John Gillman John Sandburn John Redman M'' Eaph Dennit Eben Stephens Cap' John Downing Sam Tibbets Paul Gerrish Theo Atkinson
The house adjourned to Thursday May the 19, 1726
A. M.
[p. 46.] Thursday May 19"^ 1726 a. m.
The house Met according to adjournment all Psent as yes- terday Eod'i^ Die.
allowances Made to Edward Hall & Seven men Six Dayes
John Wentworth Jun'
John Peacock
Benj* Rust
A Muster Role Signed John" Sandburn 10 men 3 days
Idem 19 men 3 dayea
£6 2 £6 14 £9 9 £9 17 £1 10 £2 17
|
£1 |
16 |
|
£3 |
0 |
|
£1 |
1726.] JOURNAL OF THE HOUSE. 429
Idem 12 men 3 dayes Idem 22 men 3 dayes to Geo JafFrey & M'' Ea Dennit for letting y*^ Excise
42 12 6 • Sent up and Concurred
Then the house adjourned for two liours p. m.
Thursday May 19"" 172G p. m. the house met according to adjournment all Psent as in the morning three Bonds of m"" Clem* llugheses for the Excise was Comitted to the Clark of the assembly for the Safe Keeping them Eod"" Die. In the house of Representatives
Voted— That Coll Walton Maj-- John GiUman John Frost Esq'' and m"" Theo Atkinson, be allowed & paid out of the Publick Treasury, for theire attend'' on the Gov"^ at the In- dian Treaty at Boston the Sum of five pounds Each — Con- curr'd
James Jeffry CI' ass™
The house adjourn'd to Fryday May 20*'' 1726
Fryday May the 20«' 172G a. m.
the house met according to adjournment all Psent as yes- terday Except Capt Tibbets Eod™ Die. In the house of Representatives
Voted — That m"' Speaker Weare put the Bonds : for the 1730 lb of the Province Money now at interest in Severall Psons hands in Suit ag' them unless they pay y® Interest thereof before the first Day of October next & y* y® Treasurer Supply with money for carrying on any Suit y*^ may be co- menced ag* any Pson for the Same
Ja^ Jeffry CI'' ass""
vote returned [p. 47.] Then the house adjourned for two hours p. m.
Fryday May the 20*^ 1726 p. m.
the house met according to adjournment all Psent as in the morning
Eod™ a vote for payment of Seven pounds twelve & ll*^ Ex- pence of the Comittee to Londonderry to be paid m"" Theo Atkinson — concurr'd
Eod"' Die — an allowance to the Comittee theire men & horses am° to 21, 5, to be j/ m' atkinson Concurrd Eod"" Die. In the house of Representatives
430 PROVINCE OF NEW-HAMPSHIRE. [1726.
Voted — That there be an act Drawn up for the holding an Inferiour Court of Comon Pleas, and Court of Gen" Quarter Sessions of the l*eace at Hampton in the Month of March annually and the like at Exeter in the Month of June and
the like at Dover in the month of Sept and that there
be a Court house and Prison for the use of the Town & Province Built in Each of the afore Said Towns at y® most convenient place to be agreed upon by a comittee appointed by the Gen''- assembly for that end, and that each Town pur- chase the land for Said houses & Prisons & Conveniences for the Same
and that there be two thousand pounds forth with Impresd for the Building the Said Court houses & Prisons and a State house at Portsmouth : four hundred pounds to Each of the first three Towns and eight hundred pounds for the Town of Portsmouth : all to be put into the treasury : and Drawn out by order of the Comittee to be appointed to agree for the Building Said State house. Court houses and Prisons & In- specting y" Building : and y' y* Diementions of the Said houses Each of them to be agreed upon, & then let out to Skillfull & Proper workmen that will do the work Cheapest and that no Comittee exceed foure Psons
James Jeffry CP ass™ Sent up : y* above Bro* w*^ a mess* y* y® 400 lb was to much but y* 3001b in Each of 3 Towns would be En°
May 21 Sent up by three messengers & prayed y* y* above vote might ly till next Sess^ w'^'^ was granted
Then the house adjourned to Sathurday May the 21 : 1726.
Sathurday May the 2P^ 1726 : a. m.
The house met according to adjournment all Psent as yes- terday & Cap* Tibbets [p. 48.] In the house of Representatives
Voted — That there be Signed off of the two Thousand pounds last printed the Sume of Eight hundred pounds and put into the Treasury for the payment of the Sundry Debts Now allowed and remaining Due from the Province & other contingencies that may happen and that his hon'' the Liv* Governor be Desired to Issue out Warrants for the payment of what is yet unpaid
Sent up & Concurrd James Jeffry CI'' ass""
May 21, 1726 In the house of Representatives
1726.] JOURNAL OF THE HOUSE. 431
Y.oted, That the Comittees Instructions to m'' agent New- man be accepted with these amendments, viz That the words begining in the thirteenth line to the End of the Sixteenth line which are in these words (as theire felling & Destroying great Numbers of the pine Trees fitt for Masting his Maj"*^* Royal Navy much within our Supposed North*"^^' bounds &c) be expunged out of S*^ Instructions and in the Roomc thereof These words be Inserted their Ratcing & Destraining upon Sundry psons living four or five miles to y*^ North of Merry- mack River that live as wee Suppose mutch within the Bounds of this Province according to the Bounds mentioned in our Governors Royall Comiss"'' by his Maj"® to him Granted
Sent up & concurred Ja* Jeffry CI"" ass*"
Eod™ Die In the house of Rep''
AYhereas his hon"" the Liv' Governor hath had the whole goverment as comander in chief Still continued upon him and been at Exterordinary Charges, voted. That there be paid out of the Publick Treasury, as an additional present to what was Last Given him, the Sume of twenty five pounds.
James Jeffry CI"" ass'"
a vote for his hon"" to agree with five psons to Survey the lands at the head of Barrington & the Pond : to know how to Lay out y'' New Towns & that he Direct them and the Charges paid by the Petition""*
Sent up & ConcurrVl Ja^ Jeffry
Voted, that there be paid out of the Publick Treasury the Sume of Seventy Seven pounds ten Shillings to m"^ Clark Waldron for the Last years Service and w* he was Short paid before, and that m"" Sherrif Gambling be p** fifteen pounds for his Service in full being in war time
Seiit up [p. 49.] In the house <fcc
Voted, That the £1730 lb that is now in Severall psons hands for which they have given their Bonds, be paid into the Treasury in Bills of Credit, on this Province, or if they Shall Desire to Keep the Severall Sums of money they now Stand indebted for That then they or any of them Shall Give such further Security as Shall be approved of by the Gen'^ assembly & that the Interest now Due on the Said Bonds be rec'' by the Treasurer at 2 <t |^ pr ct pr annum & that the Tenor of the Said Bonds be at 2 & ^ pr ct pr anntim for the future —
James Jeffry CP ass™
432
PROVINCE OP NEW-HAMPSHIRE.
[1726.
The house was adjourned to j^ 9*** of O'' Next Delientures taken out to this Day Cap*^ John GiUman Maj"^ John Gilhnan ni"" John Redman John Sandburn Cap* Benj* Wentworth
Andrew "Wiggans Esff
[p. 50.] Monday 9'"-21** IT 20 : The house met accordmg to prorogation by Proclamation psent
m'' kSpeaker Wcarc John Plaisted James Davis John Gilhnan Andrew Wiggans Cap* John Downing John GiUman Paul Gerrish
Samuel Tibbets William Fellows > Esqrs m"" John Redman John vSandburn E{)hraim Dennit Theodore Atkinson Ebenezer Stephens Richard Jennes
M^ Speaker Sent a Message to the Bowrd to Signifie that there was a house
A message pr m'' CV Waldron that it was his hon'* plea- shure that m'' Speaker and the house attend at the Councill Bowrd : m"" Speaker & the house went up according
His hon"" made a Speech to the house : of which the Speaker Desired a Coppy : and then the house Return : and ye Speech was Sent Down: and read in the house(')
Eod™ Die. m"" Sherif Gambling made Return of his pre- cept to New Castle for the Choice of a Representative for the P'ish of Ry : there being Som Defect in his Return it was Sent to him to amend it
The the house adjourned to Tuesday the 22*^ a. m.
[p. 51.] Tueday 9^ 22: 1726 a. m.
The house met according to adjournment all psent as Entred.
Eod"^ Die The house proceeded to admit m'' Richard Jennes an assembly man for Ry according to the Return
There being a ]\[otion Made that his Election was not Con- sonant to the act Relating to the Town of New Castle &
(i) This Speech is not found on record or on file.— Ed.
172G.] JOURNAL OF THE HOUSE. 433
pish of Rye : the act was sent for to bo Bro^ in in the after- noon : and that the pties appeare and Make ont their allega- tions : whether he was legally Chosen or Noe
Eod™ Die In the house of Representatives
Voted, That Andrew Wiggans Escf Cap' William Fellows & m"" Theodore Atkinson be a Comittee of this house to answer the L* Gov" Speech
James Jeffry CF ass"^ Eod"^ Die
M'' Clark Waldron bro* Down a letter from m"^ Agent New- man : which was Read in the house
a Mess""^ was Sent to his hon^' y*" L* Gov"" to pray a Coppy of M"^ Newmans Memorial &c which was Sent &, read : &: Then the house adjourned for two hours p. m.
Tuesday Q'— 22'^ 172G p. m.
The house met according to adjournment all psent as in y® morn
Eod"^ Die a Mcss''' from the Board pr m'' Cle'' "Waldron that his hon'' and the Bourd was Ready to hcare the hampton falls Petition & Desier'd the house to Com up, accordingly the house went up : and the Delegates on both Sides were heard Eod'" Die In the house of Representatives
The Matter of the Election of M' Richard Jennes Came on : the precept & Return Read : & Coll Walton & John Frost Esq''* Complained that the Election was not Legall as they ThoS and a paper was product and was read, but it not being Signed by any body the house [p. 52] rejected it and it being put to the vote in the house whether Legally Chos'n or not It past in the affirmative
and being voted Legally Chosen he was Bro* into the house & presented & accepted :
Eod"^ Die. M"" Theo Atkinson Complained to y*" house y' he was answered verry affrontingiy while he was Debateing in the house by Some one under the windows (which he Sup- posed was m' Justice Odihorn : the house Sent for m'' Jus- tice Odiorn : who came into the house & Decla'' that what he Spoak was not Designedly don to affront any Member ot this lion'''® house : & that was the linall end of that matter. Then the house adjourned to Wednesday 9" y'= 23** 1726
A. M.
28
434 PROVINCE OF NEW-HAMPSHIRE. [1726.
Wednesday 9-^ the 23'^ 1726 a. m.
the house met according to adjournment all psent as Entred
Eod"* Die. a Mess^ from the house to the Board y* there was a Member for the p'ish of Rye to be Qualified and M'' CF Waldron Richard Wibird & archi Mac'p Escf^ was Sent Down to adm"^ the Proper Oaths to y*^ Said Member : which being Don the Said Richard Jeiines was admitted to his place as a Member of the Gen" ass"*. Eod'" Die In the house of Representatives
The Hampton Petition being Read : & put to vote whether the prayer thereof Should be Granted ; It past Nem Conf That y* part of tlie Petition relating to the p'shes being Seperate for the payment of y® Ministers Should be granted & y*^ vote Entred y® Last this Sessions & y" it was Sent up
Then the house adjournd for 2 hours p. m.
[p. 63.] Wednesday Q' 23*^ 1726 p. m.
The house met according to adjournment all psent as in the morning Eod™ Die In the house of Representatives
Voted : That m'' Ephraim Dennit m'' Theo Atkinson & Cap* W™ Fellows be of the Comittee of this house to Joyn with a Comittee of the upper house to tell over the money Bro' in to bo Burnt this Sitting and to make Return to the ass™ James Jeffry CP Ass>^
A Mess'^ from the Board pr nv CP Waldron that y^ above vote was concurr'd with and that R Wibird J Odiorn & Ar Mac'p Esq" was Chosen by the Board to Joyn with the above Comittee for that End
Then the house adjourn'd to thursday the 24"^ Ins* a. m.
Thursday 9' 24*'^ 1726 a. m.
The house met according to adjournment all psent as Entred for the day
A Memoriall of M'' John Hobby Son and heir at Law to S-- Charles Hobby : Relating to a Right bo* by the Said S' Charles of m*" Thonjas Allen was read ; and the CP Sent to the Said Hobby for the Deed that alien Gave : which was alsoe Bro* into the house : and then the house Sent two
1726.] JOURNAL OF THE HOUSE. 435
messengers to Dcsicr a Conference with the Board in the afternoone
Then the house adjourned for 2 hours i\ m.
Thursday O' 24 p. m, ; the house met according to adjourn- ment all psent as in the morning Except nY atkinson & mJ Fellows
Eod"^ Pie A Message from the Board pr G Jaffrey & R Wibird Esq™ with an answer to the Desier of the house in the morning for a Conference on m"" Hobbys Mem'. It was his Pleas'' that the house attend at the Board on that affaire : Then m"" Speaker and the house went up accordingly & had a Conference & returned : and then the house adjourned to fry day d' 25'^ a. m.
[p. 54.] Friday 9^ 25*'* 1726 a. m.
The house met according to adjournment all psent as Entred for the day
Eod™ Die an ace* of what money of the old Impression was Bro* in and Burnt by the auditors appointed to tell over & Examine the Same of the 5384 lb by
Richard Wibird Esq-^ X77
Coll Plaisted X51
Coll Weare £55
3: 6 15: U
4: 9
184 : 03 : 41 Eod™ Die. In the house of Representatives Voted, That each of the above psons are Discharged of the Severall Sums above Carryed off ag* their Names
James Jeffry CI'' ass™ Then the house adjourned for two hours p. m.
Fryday 9'' 25**^ p. m. The house met according to adjourn- m* all psent as in the mornuig
Then the auditors for accompts went out on that affaire and the house adjourned to Sathurday the 26"^ Ins* a. m.
Sathurday 9'' 26, 1726 a. m. The house met according to adjournment all psent as Entred
Eod'" Die. There was Bro* into the assembly of the old monev Exchanged of the 5384 —
by George Jaffrey Esq^ £Q2: 6 : Q
CollHunking £20: 3:6
82 : 10 :
436 PROVINCE OF NEW-HAMPSHIRE. [172G.
Eod'" Die In the house of Representatives
Voted That Each of the above psons are Discharged of the Severall Sums carryed off ag' their Names
James Jeffry CI"" ass"i Sent up
Then the house adjourned to Tuesday 2^ 2l)t" am
[p. 55.] Tuesday 9-^ 29"> 1720 : am
The house met according to adjourm' psent as Entred nY Speaker Weare Paul Gerrish
John Piaistcd ^ Samuel Tibbets
James Davis (^ ^ ^s i^"^ John Redman
John Gillman ( ' ^ John Sandburn
Andrew AViggans j E|)hraim Den nit
Cap* John Downing Theo Atkinson
W"i Fellows Ebenez'' Stephens
John Gillman Richard Jennes
Eod"^ Die
The vote of the Counclll of the 25*'' Inst Relating to ni' John Hol^bys Memoriall was Read and Noncurr'd
Then the house adjourned to Wednesday y*^ 30"^ a. m.
Wednesday 9^ 30"' 1726 a. m.
The house met according to adjournment all Psent as En- tred for the day
The answer to Hobbys memoriall Entred Last of all this Sessions.
In the house of Representatives
Voted — that Benj^ Alderman l)e allowed and paid out of y*^ Publick Treasury 25.s in fall Satisfaction for his horse when he went to Penny Cook
Then the house adjourned to Thursday X"" P' a. m.
[p. 56.] Thursday the first of December a. m. 1726 allow- ances Made tliis Sessions
[See Journal of General Assembly, p. 230.] [p. 57.] Thursday y'' 1^' 1726 a. m.
The house met according to adjournment all Psent as En- tered for the Day : and voted that James Jeffry be allowed &
17l^g.] journal of the house. 437
])'' out of the Treasury the Sum of fifteen pounds forliis Ser- vice as Clerk of y« ass"' from 19 of 9' 1725 to y'' 19 of 1^^ 1726 and for Draug^ of y** Province to Send m'' ageut New- man J Jetfry CI"' ass'"
a vote past for Double Jurys in lioth Courts alsoe y' there be p*^ out of y" Publick Treasury the Sum of Eleaven pounds to Capt George Walker for his Troop of fifty five men for four dayes pr order it being allowed y'' 5th of January Last past but the Role was Soni how Mis laid :
Ja' Jeffry C ass'"
Eod"' Die. allowed Andrew Wiggans Estf 20s for Expences
on his Souldiers in Sudden Sellouts
Eod"' Die. In the house of Representatives
Whereas a Vote of the Great and Gen" ass'" of his Maj''''® Province of the Massachusets l)caring Date ]\Iay 25 : 1726 : to appoint Comiss""* to meet with Comiss'* from this Province to adjust the line in Dispute between the Provinces, hath been Laid before us and a Debate thereon :
In answer wee Say that This Province haveing Severall times met with thir Comiss'"^ in order tliirto : yett not Settle- ment Could be agreed upon, & for that the Psent vote of the ^lassachusets only offers a Settlem* of the line next to mery- mack River : having No regard to the Northern bounds Be- tween this Province and the Province of Maine : and wee having l)y our agent laid before his Maj"*-' in (youncil the Dis- ])ute about both lines & his Maj''" haveing referr'd it to a Comittee of Lords to Consider thereof and make report of their opinion to his Maj"'^ in Councill in order to a finall Settlement of Both the lines —
Voted that for the above Said Consideration : Wee think it not proper to Clmse any Comiss'* the whole Matter being Submitted to his Most Gra' Maj'''^ Eod'" Die. Allowed m'^ Elcazer Russell £7 : 14 : a Mess^ from the Board ]ir G Jaffrey Escf that Wiggans & Russells allowances were Concurr'd with — a vote made for Larger allowances to y® Gov'' Councill and assembly past & Sent up But nothing Don upon it
M'^ Jaffrey came Down with the accompt of Expences of Powder at fort William & Mary : By which it appeared there was but about Six bb of powder in Store
Then the house adjourned to Fryday x"^ 2'' am
438 PROVINCE OF NEW-HAMPSHIRE. [172G.
[p. 58.] Fryday x' the 2" 172G am
The house met according to adjournment all psent as Entered for the Day
a vote past for an act for powder money : but twas bro* Down from the Board by Some of the Councill and prayed that the house would pass a vote for buying' powder for the present
Then the house adjourned to Sathurday x'' 3'' am
Sathurday x"" y® 3*^ 1726 : am The house met according to adjournment all psent as Entred Eod°^ Die In the house of Representatives
Voted : That all the remaining bills of C"" of the two thousand pounds Last printed be Signed off & put into the Treasury which amounts to two hundred twenty Eight pounds and nine pence : And alsoe that there be Signed off tfe put into the Treasury the Sume of foure hundred forty Two pounds Nine Shillings &. Nine pence two hundred pounds of the Said Sum being part of the five hundred pounds last printed for Exchanging Money : the remainder being over- plus bills left of what was lately printed : the whole Sum to be signed off being Six hundred Seventy pounds ten Shillings and Sixpence : to be put into the pub*^ Treasury for the pay- ment of Sundry Debts now allowed <fc remaining Due from the Province : and that his hon'' the Liv* Governor be Desired to Issue out warrants for Such payments : and for a fund for paying the Sume of foure hundred forty two pounds Nine Shillings & Nine pence above said Voted that it be raised by a Tax on the Inhabitants of this Province to be paid in in the yeare 1737 & whenBro* into the Treasury to be Burnt to ashes in psence of the Gen'' assembly the Same to [p. 59.] be paid in Such Species as the Gen" Assembly Shall agree upon and that an act be Drawn up accordingly : and that Cap' W" Fellows & m"" Theo Atkinson be of the Comittee of this house to Joyn with a Comittee of tlie upper house to Draw up a Bill accordingh' — part of the aljove was Sent up & concurr'd with and then the house adjourned to Wednesday x'' 7""
172G.] JOURNAL OF THE HOUSE. 439
Wednesday x'' the 7''' : 1726 — The house met according to adjournment psent m"^ Speaker Weare John Plaisted "| Sam" Tibbets
James Davis I -p.rs i^^'^ John Eedman
John Gilhnan j '^ ^ John Sandburn
Andrew Wiggans J Ep'^ Dennit
Cap* John Downing Theo Atkinson
W'" Fellows Eben Stephens
Paul Gerrish Richard Jennes
John Gillman
The house adjourned to Thursday the 8"' am
[p. 60.] Thursday X' 8**^ 1720 a. m.
The house met according to adjournment all psent as En- tered for the day. Eod™ Die. In the house of Representatives
Voted — That m'' Ephraim Dennit m' Theo atkinson & m'' James Jeffry be a Comittee of this house to joyn with a Comittce of the upper house to Examine the Late Treasurers accompts, and to receive the Stores Sc Deliver them to the New Treasurer when Quallitied and make return of their Doings to the Gen'^ ass'". Sent up.
James Jeffry CP Ass"' a ^Mcss'"^ from the Board pr irf CI"" Waldron that y" above vote was concurred & that Richard Wiljird arch' Macphedris & J Odiorn Esq''® were app'^ a Comittee to joyn with the above for that end.
Then the house adjourned for two hours p. m. Thursday X'' 8*^ p. m : the house met according to adjourn- ment all psent as in the morning. Eod'" Die. In the house of Representatives,
Voted, That no Law be pleadable in any Court of this Province Except Such as are in Print & Is under the Seal of the Province : only where the Statute Laws : or Comon Law ought to take place.
James Jeffry CI"" Ass™
Then the house adjourned to fryday X'' the 0"' a. 3I.
440 PROVINCE OF NEW-HAMPSHIRE. [172G.
Fryday X"^ the O'*" 1726 a. m. the house met accordhig to adjournment all psent as entered for the Day.
a vote passed in the house for holding Some of the Courts at Hampton Exeter & Dover But Nothing Don upon it.
A Mess'' was Sent up pr m'' Atkinson & Stephens to Know what was Don on the above vote for the Laws Avho return'd for answer it Lay under consideration. [p. 61.] In the house of Representatives
Yoted — That there be a Bill or Bills of Exchange to y« valine of fifty pounds Sterling purchased and Sent i\f agent Newman : for Carrying on the affairs of y'' Lines Between this Province and the Province of y*^ Massachusets Govern- ment and that the Sum of one hundred and fifty pounds be paid out of the Publick Treasury for purchasing Said Bill of Exch* or what more it will purchase.
Sent up. James Jeffry Ch ass"*
a Mess-'' })r m"^ Ch' Waldron that the above vote was concurr'd.
Eod'*^ Die. M'' John Knight Diet for thirty Nine Men four days Scout.
and Samuell Sherljurne Blacksmith allowed Nine Shillings and Nine pence for Iron work for y® Prison and Samuell Shackford allowed thirty three Shillings in full of his ace' for work Don fn- the Prison.
Then the house adjourned for two hours p. M. Fryday X' 9"' p. m. the house met according to adjournment all psent as in the morning. Eod™ Die. In the house of Representatives
allowed Bcnj^ Rust Sixteen pounds for house rent .fire and Candles for the Last yeare from the first of octolier 1725 to the 1** of S"" 1726 twenty Shilling being included for the great price of fire wood
a vote past for the Towns to Choose Jurymen past & Sent up : and return Non concurrd Nem Con'.
Then the house adjourned to Sathurday X'' 10"' 1720 a. m.
[p. 62.] Sathurday X-" 10*" 1726, a. m.
The house met according to adjournment all psent as en- tered for the day.
Eod™ Die. allowed Samuel AVeeks twenty foure Shillings in full of his acc^ for Timber for the Prison. Eod™ Die. In the house of Representatives
Voted — That the Comittee appointed to Examine the Late
172o.]
JOURNAL OF THE HOUSE.
441
Treasurers accompts That what Mone^' or Stores are found to be in tlic Late Treasurers hands upon accompting with the above Oomittee they Shall receive and Deliver to the New Treasurer George Jaffrey Estf & he to receive the same & give his receipt : and what money is to be l^urnt Shall be Burnt by the said Comittee & the Councill & Representa- tives in and about the Town of Portsm° or Sealed up and given the new Treasurer to be Burnt tiie Next Sitting of the Gen" assembly & that the Said Comittee Shall Discharge the Late Treasurer for what they receive.
James JelTry Cl^ Ass'" Eod" Die In the house a'c
Voted — That the Same Comittee that was appointed to write m"' agent Newman : be now againe Desired to write him and thank him for his Service and pray his further pru- dent Care Relating to the lines & Stores for Fort Wil- liam and Mary with what further Directions they Shall think most proper & psent it to the next assembly for approbation.
Sent up. Ja's Jeffry Cl^ x\ss™
Eod™ Die. a IMess'' that the al)ove was Concurrd and then the house adjourned to Wednesday X'' the 14"' 172G.
[p. 03.] W^ednesday X-" the 14"^ 1726.
The liouse met according to adjournment psent
John Plaisted Andrew ^Viggans \
Escf
Cap* John Downing
W Eph™ Dennit nf Theo atkinson The Liv* Gov^ adjourned the assembly to Thursday X"" the 15*^' 1720.
Thursday X^ 15*" 1726 to adjournment psent nf Speaker Weare John Plaisted James Davis John Gillman Andrew Wiggans Cap* John Downing
A. M. The house met according
William Fellows Paul Gerrish Esqrs John Gillman
Samii Tibbets m*" John Redman John SandJmrn E])hr^ Dennit Theo Atkinson Eben Stephens Richard Jennes Then the house adjourned to Fryday X' 10 a. m.
442 PROVINCE OP NEW-HAMPSHIRE. [1726.
[p. G4.] Fryday X-" the W 1726 a. m.
The house met according to adjournment all psent as Entred for the Bay.
Eod™ Die. allowed Cap' Henry Sherburne in full of his ace' i^2 : 1 : 5d.
a vote ag' appeals to Gov'' & Councill where Titles of Land is conccrnd was made & Sent up and a mess^ from the Board praying the house not to insist on the voate, the Governors Instructions being ag' it.
Eod'" Die. In the house of Representatives allowed Joseph Jackson £4:6 for his Negroes Service in y* yeare 1713 at fort William and Mary.
Then the house adjourned for two hours p. m. Fryday X'' 16"' p. m. The house met according to adjourn- ment all psent as in the morning.
Eod"' Die. allowed mJ Theo Atkinson for plank he sup- plied at the Fort & wine to y* Gen' Estw'' .£13 : 13 allow- ed Samuell Hart Jun"" Stocking guns 16.
Eod"' Die In the house of Representatives, Voted — That the Keeper of his Maj''" Goale at Portsm° have free liberty to Sell ale beare & Cyder Excise free and that the Said Keeper pay Excise for all wines rum & other Spirits that he Sels as other Publick houses do from hence- lorward.
James Jefifry CP ass™ a mess* pr m"" Clark Waldron that the above vote & y® votes the other side were concurr'd.
Then the house adjourned to Sathurday X'' 17 a. m.
Sathurday X"" 17"^ 1726 a. m. the house met according to ad- journment all psent as Entered.
Eod"' Die. There was Bro' into the assembly by Geo Jaf- frey Escf the Sum of X202 : 3 : B of the 15M pounds Loan from y*^ Grand Comittee & Burnt ct voted that the Said Co- mittee are hereby Discharged of the s** Sum.
Ja's Jeffry CV Ass'" [p. 65.] alsoe there was Bro' into the assembly by the Exe^ of the Late Treasurer Penhallow : the Sume of fifty Two pounds ten Shillings Elcavcn pence farthing. It being part of the three hundred pounds put into the Said Samuell Fen- hallows hands for Exchanging the Broken Bills and Burnt Bills
172G.] JOURNAL OF THE HOUSE. 443
Eod™ Die. In tlie house of Representatives
Voted Whereas his hon'' the Liv' Governor hath had y^ Avhole Government as Comander in Cliif Still continued upon him & been at Exterordinary charge & Trouble That he be presented and payd out of the Publick Treasury the Sum of one hundred and fifty pounds
James Jeffry CI"' ass™
The act for Double Juries was Read three times and past which is to Continue three years & the act for Emitting 442 & to be paid 1737 : read 3 times and* past & 1557X lO*'. dd 557 : 10 : 3 in y*^ yeare 1737 : & 1000£ in 1738 : — Eod°^ Die In the house of Representatives
Voted : That the Sheriff of this Province of New hamp- shire be paid out of the Publick Treasury for his Care and Service in Returning able & Sufficient Juries for the Severall Courts the Sume of Seven pounds four Sliillings pr annum the time to comence from the first of Jan"' next : and to continue for three years
Sent up & Concurrd
James Jeffry CP ass™ Eod™'Dic. In the house of Representatives
Voted That three hundred pounds of the Money Now Imprest be Signed off & put into the Publick treasury to pay what is allowed now Ja'' Jeffry CV ass™
[p. 66.^ In the house of Representatives
Voted, That Whereas there is Severall psons Deceasd who were indebted to this Province for Severall Sums of money by Bonds viz of the fifteen hundred pounds
Tiiat the psons who have of tfiat money in their hands : together with the heirs or Ex" of those that are Deceased pay the Principle and Interest or give Sufficient Security by Sufficient Ponds men therclbr & that Coll John Plaisted m' Epliraim Dennit & Cap' William Fellows togethear with whome the Councill Shall appoint be a Comittee to receive the Same Either Money or Bonds and alsoe that the Treas- urer get in the Interest Money from Kingstown
James Jeffry Ch ass'"
a mess^ from the Board that the above vote was concurr'd and that Cap* Mac' John Frost & J Odiorn Esq'* was ap- pointed above to Joyne for that end. Eod™ Die. In the house of Representatives
444 PROVINCE OF NEW-HAMPSHIRE. [1727.
That 111"" Henry Marshall Postmaster Gen" be presented and i)aid out of the I'ublick Treasury the Sume of three pounds for forwarding the Puljlick Letters to the Govern"'
James Jcffry 01'' ass™ The assembly was prorogued to y'' 2d May 1727
Tuesday May y" 2'^ 1727 [p. G7.] The house met according to prorogation psent as here Entered —
here begins y^ New Estal)lishm*'
M'' Speaker Weare John Plaisted James Davis
John Gillman Sam" Tiljbets nf John Redman
Es(i'^ John Gillman I ^ John Sandlairn
Andrew Wiggans J Ea Pennit
Cap' John Downing Theo Atkinson
W'" Fellows ^ Eben" Stephens
Paul Gerrish llichard Jennes
A message from the Board pr Sh^ Walton & Joiham Odi-
orn Esq''" that his hon'' had adjourn'd the assembly to Wed- nesday the o'^ Inst am
Wednesday May the 3'' 1727 am the house met psent as Entered and the Speaker not being })seut the house proceeded to Chuse a Speaker pro tempore : and John Plaisted Esq was Chosen : and a mess^ Sent up there upon And a message came pr m"' Clark Waldron that it was his hon'' pleasure that the house attend him at the Board And the house went up accordingly : and the Liv'^Gov"^ Made a Speech, of which m"" Speaker prayed a Coppy and then returned Eod"^ Die. J Odiorn Esq'' Bro' Down a Copy of y*^ Speech : and then the liouse adjourned for two hours p. m. :
[See Journal of Assembly, p. 240.]
Wednesday May S'' 1727 p. m. the house met psent as in the morning and adjourned to thursday the 4"^ Ins^ 0 o'clock am
[p. 68.] Thursday May 4"" 1727 a. m.
the house met all psent as Entered. Eod'^ Die. In the house of Representatives,
A^oted — That John Plaisted & andrcw Wiggans Esq" &
172T.] JOURNAL OF THE HOUSE. 445
m'' John Saiidburn be a Comittcc of this house to joync w"' a Comittce of the upper house to goe down and view Fort W™ A: Mary and the ^Stores of powder and wheels & Carry- ages and ^lake Report wliat is necessary to be Don as to re- pairs of Said Fort and what Stores of powder there is : & what the Repairs the wheels and Carryages w\ant : and make report to the Gen" assembly as Soone as Possible.
James Jeffry CF ass"\
Eod'" Die. A Message from the Board pr m"" CV Waldron that the above voate was concurrd with and that Geo Jaffrey Sh"* Walton & ar APphedris Escf* was appointed at the Board as a Comittee to joyn the above and to Do it tomorrow in the afternoone.
James Jeffry Clc^' Ass'" Eod™ Die. In the house of Representatives
"Whereas the allowance for his hon'' the livtenant Gov"" and the Members of the Councill & assembly is Not Sufficient to defray the charges Necessary when they attend :
Voted — That his hon"" the Liv' Governor l)e allowed Twelve Shillings & Each member of the Councill Eight Shil- lings & Each member of the assembly Six pr day while they Shall attend & Sit in the Gen" assembly and to be ]>aid out of the Publick Treasury from time to time from and after the first day of this Sess"* And a Certificate from the Clerk of this house of Every members Service w^ith the IMembers rec* thereon Shall be Sufficient warrant and voucher there- for to the Treasurer for the payment thereof.
James Jeffry CI"" ass™. this to Continue for three years & no Longer Sent up May the Sixth and the Same day a message from the board that the above vote was concurr'd.
Then the house adjourned for two hours p. m.
[p. 69.] The Comittee for tcllino; over the money Bro' in their re- turn of the 5384:1b old Cypher money
By Coll Weare ' £56:17: —
Coll Hunkini: £15: 'k —
Geo Jafifrev Esq"- £97: 1: —
Richard Wibird Esff ' £-29: 5: —
John Plaisted Esq^ £12:10: 0
£211: 8: G of the 1076: 10: Tax for y'^ yeare 1726 Bro' in by m""
Treasurer JafFrey £981:17:10
& he rec'i of m"" Penliallows Ex" w'^'^ Dr himself with £26: 2: 6
1011:00: 4
446
PROVINCE OF NEW-HAMPSHIRE.
[1727.
of the Bank money Bro' in by m'' Treasu'' Jaffrey the
Sumeof £88:14:7^
Province of New Hampshir iVIay 11*^ 1727. Wee the Subscribers being Chosen as a Comittee to receive y^ Sundry Sums Due toy*^ Prov- ince upon Sundry funds viz Wee have rec^ of Cypher money as pr Contra. £211: 8: 6
from Treasurer Jaffrey Esq' of the Tax money 1011: 0 : 4
from Do of the Bank money 88: 14: 7^
all the above money being Burnt to ashes Witness our hands this 11* May 1727.
Rich'i Wibird Epha Dennit
ar Ma'pliedris W™ Fellows
John Gillman.
May the 13**^ In the house of Representatives.
Voted — That Each pson above Named be & is hereby Dis- charged of the Severall Sums they Bro* in as Carryed oS" and was Burnt.
[p. 70.]
Accompt of Expences of Gun- powder at Fort W" & Mary : from y« yeare 1719 Inclusive of s"! yeare
|
«/ «/ |
bb |
:1b |
|
1719 to 1720 |
14 |
56 |
|
1720 to 1721 |
13 |
30 |
|
1721 to 1722 |
13 |
12 |
|
1722 to 1723 |
9 |
34 |
|
1723 to 172f ma-" y' m |
e |
|
|
Coats Died |
8 |
4 |
|
being |
58 |
96 |
|
By his Exceilencys order |
||
|
for |
bb |
|
|
Londonderry |
1 |
— |
|
Do the Eastward |
£— |
50 |
|
To Expence of powder |
||
|
since m^ Coats Dyed |
||
|
viz |
||
|
for the yeare 170| to |
||
|
1725 |
£7 |
15 |
|
y^ yeare 1725 to 1726 |
£6 |
20 |
|
1726 to 1727 |
£5 |
40 |
Barrells
79 : 21
James Jeffry CV ass™
accompt of Powder money rec<* from June 1719 to g' 1726 as Tak- en out of my Book.
Bar: lb 2 :70
: 50 :90 :60 :20 : 15 :60 :20
Take of ^ part being y® Difference
45 :46
15: 18 J
30 : 37 1
to
So much rec"^ of m"" Penhallow in the Last fourth IMonths Do to J Wentworth Do of m"" Jaffrey Do of ra'' Penhallow So much rec*^ of M"" Penhallow from y* Store house
00 80
50
J Wentworth Vera Copia.
35 :70
78 : 37J
17-27.]
JOURNAL OF THE HOUSE. 447
In the house of Representatives may the 18"' 1727 There was Bro* into the assembly & Burnt of the old Cy- pher Money By maj' John Gillman forty Six pounds twelve & tlu-ee pence <£4G: 12: 3"^ voted that the Said maj' John Gillman be Discharged of the Said Sum
James Jeffry CI' ass" [p. 71.] Thursday may the 4:'^ 1727 p. m.
the house met according to adjournment all psent as in the morning Eod°^ Die In the house of Representatives
Whereas the Executor of the Late Treasurer Penhallow hath not Charged any Sallary for the Treasurer Service for the yeare 1726 : but left it to the Gen" ass™ to allow what they please
Voted : That there be Credit given in Said Penhallows acct for Seventy five pounds for the Treasurers Service for the yeare 1726 :
James Jeflfry CP ass™ Eod™ Die. In the house of Representatives
voted, that the Return of the auditors on the Late Treas- urers accompt and the accompt allowed :
James Jeffry CV ass°^ Then the house adjourned to fry day y^ 5*'' Ins' am
Fryday May the 5'^ 1727 a. m : the house met according to adjournment all psent as Entred Eod"! Die In the house of Representatives
Voted, That M^ Speaker Weare Maj-" John Gillman & andrew Wiggans Esq" Cap* W™ Fellows Cap* Paul Gerrish & m.^ Thco Atkinson be a Comittec of this house : to Joyn w**" a Comittee of the upper house, to Draw up a Scheam for the Equall assessing the Severall Towns & p'ishes in this Province : that a New Proportion of Rates may be made : and to make their Return to the assembly the Second day of Sitting after the next adjournm* by the Governor
James Jeffry CV ass™ Eod™ Die Geo Jaffrey Esq'" one of the Comittee that was appointed to write m"^ agent Newman came into the house and read Som letters from S'^ agent : and alsoe read the letter that the Comittee had writ to Send S'' agent
448
rnOYINCE OF NEW-HAMPSHIRE.
[172:
Eod'" Die. A Message from the Board pr m'' CV Waldron yt ye yote for the Scheam about the New Proportion was con- curr'd & y* Coll Hunking R Wibird J odiorii & ar M phe- dris was appointed at the Board for y* end
Then y*^ house adjourned for 2 hours p. m. [p. 72.] Fryday May y« 5^'^ 1727 p. m.
The house met according to adjournment But the Comittee of both houses going to the Fort there Could not lie a house and therefore adjourned to Sathurday the Sixth of May am
Sathurday ^lay the 6^^ am The house met according to adjournment all psent as Entred
Inventory of Sundry Stores belonging to Fort W™ & Marv at New Castle Taken the 5"' of May 1727
20 Demy Culverin
8 Sakers 12 jNIinions
2 Falkins one M Uemy culverin Shot 260 four pound Shot
f( Ladles for minions 1 wanting li Ladles for Demi Canon & Sak- ers 1 wanting
9 Rammers Several! Staffs
7 Great Crows 2 Small ones
1 Large at Cap' Frosts Do at m'' Parsons 2-i Crab handspikes o wanting
.5 Boxes Cartridge Shot one Stole by W'" another Exped'd
1 Drum & 2 Drum Rims
1 Grapline 502 lb Iron
1 Logger head 3 pick axes
1 wanting 2 axes 19 Cartridge for ^linion
21 for Demi culverin
7 lead aprons 1 hide li wanting
[P. 73.]
3 wanting 4 lanthorns Defective
Som Match 1 priming wire
4 linstocks Spongheads wanting
1 Budge Barrell 3 wanting
2 Sledges : 2 wanting large Iron
Pot Some Cartridges made for each Some paper Seven halfe Barrels of Powder &
one pecie V Defective Stores
0 Demi Canon 6 pre Cariage ^^es ten pre Wheels Feild pis G pre Wheels Defective
2 pre carriage pis 400 lb old Iron
4 Boxes Cartridge Shot 2 Broken
J Wentworth Jun''. vera Copia
James Jeffry
Clark assembly
Sathurday may 6, 1727 am
In the house of Representatives
Voted, That Cap* AV" Fellows, Cap' Paul Gerrish & m'
Eap"* Dennit be a comittee of this house : to Joyn with a
Comittee of the upper house to Examine m'' Treasurer Jaffrys
ace' and make Return to the Gen" assembly
James Jeffry CP ass'"
1727.] JOURNAL OF THE HOUSE. 449
Eocl'" Die a Message from the Board that the above voat was coiicurrd with: and R Wibird ar },l phedris k Jotham Odiorii Esff* was appointed at the Board to Joyn with the above
Eod™ Die In the house of Representatives
The Comittee tliat went to view Fort \V'" & Mary Made their Return as under
Province of New harapshire May the 5"i 1727 Psuant to a Vote of Gen^ assembly May the 4"^ 1727 Wee have viewed Fort AV'" & Mary and all the Stores a list of which is herewith presented: and report that there is wanting Six carriages for the Demi Cannon & Six pre of wheels; the field pieces Six pre wheels and two paire of carriages: and that there be one hundred and fifty pounds laid out to Repaire the Stone work this Sumer which is submitted pr
Geo Jaifry Sha Walton ar M phedris
Jo" Plaisted )
Andrew Wiggans - Comittee John Sandburn )
Then the house adjourn'd to ]Munday May the 8"' 1727 mem° the Return of the Stores Entrcd on the other leafe
[p. 74.] Munday May the 8*'' 1727 am
The Met according to adjournment psent as Entred
M"" Speaker Weare John Plaisted James Davis John GiHman Andrew Wicra'ans
John Gilbnan Sam Tibbcts J> Esq-^ W John Redmaii
John Sandburn ^ Ea Dennit
Cap* John Downing Theo Atkinson
W'» Fellows Ebene// Stephens
Paul Gerrish Richard Jennes
The Comittee for Proportioning the Town went on that affaire The house adjourned to Tuesday Maj 9^^ am
Tuesday May the 9^'' 1727 am, the house met according to adjournment all psent as Entered Eod™ Die. In the house of Representatives
Voted : That Cap* W™ Fellows : m^ Theo Atkinson and m"^ Ea Dennit be a Comittee of this house to Joyn with a 29
450 PROVINCE OF NEW-HAMPSHIRE. [1727.
Comittce of the upper house to tell over all the Money that is to be bro* into the assembly this Sessions and to make return thereof to the Gen" assembly
Ja^ Jeffry CI'" ass"" the Comittee for telling the money went out for y^ Service Then the house adjourn'd to Wednesday May 10"' 1727 a. m.
[p. 75.] Wednesday May the 10"' 1727 a. m.
The house met according to adjournment all present as Entered Eod''^ Die In the house of Representatives
The Return of the Coinittee for Drawing the Scheam for New Pro- portioning the Towns p"ishes and Districts of this Prov. the Poles and estates be assesd in the followmg Manner Poles IG years old & up- ward lOO'i
Income vipon Trade 1'^ upon the pound (the Trade to be Sworn to) (if complaint be made) offices l'^ upon the pound of their Incom Do on houses & lands Improved @ U years incom Deemdto be y** vallue at 1*^ on the pound
Every ox 4 years old & upwards @ 4 lb
Cow 3 years old & upw'^ 2: 10:
Horse Do Do 4:
Swine 1 yeare old : 16:
Sheep free for Encouragm'
Indian and Negroe Slaves ad vallorem from 16 years old to 40 years of age: all which is Submitted.
Voted — That this return be accepted (with this amend- ment) viz that the Single Pole be rated at GO'' instead of 100*^ and that Each Town and p'ish and precinct be new propor- tioned once in Every
Eod"' Die. A Mess'' pr Jo* Odiorn Esq"" y* y® above voat was concurrd at the Board. Eod™ Die. In the house of Representatives.
Voted — That Londonderry be Taxed this yeare for the Province Tax the Sume of foi-ty pounds ; and that they bring in a list of their Rateable Estates with the other Towns Next May Sessions in the Same Manner.
James Jeffry Clr ass"". Then the liouse adjourned for two hours p. m. [p. 76.] Wednesday May 10"' 1727 p. m.
the house met according to adjournment all psent as En- tered : the Comittee for telluig over the Money being on that affah'c the house adjourned to Thursday the 11"' a. m.
[1727. JOURNAL OF THE HOUSE. 4.51
Thursday May ll"" 1727 a. m. The house met according to adjournment all psent as En- tered, the Comittee for telling over the money being Still on that affaire the house adjourned for two hours p. M. Thurs- day May the 11^** 1727 p. m. the house met according to adjournment all psent as Entered ; and adjourned to fryday the 12*^ of May 1727 a. m.
Fryday may 12*^ 1727 a. m. the house met according to adjournment all psent as Entered. Eod™ Die. In the house of Representatives
Voted — That John Gillman Esq' & i\V Eaphraim Dennit be a Comittee of this house to joyn with a Comittee of y° upper house to Draw up an act Ivcquirijig Every Town p'isli and precinct within this Province, to take a list and Inven- tory of all their Poles & Estates Rateable psuant to the re- turn of the Comittee & vote of Gen" assembly thereon of the W Inst.
James Jeffry CP ass"\
Eod™ Die. In the house of Representatives allowed Benj^ Rust 12s in full for his Service in going for the Members of this house that were wanting last Sessions.
Eod'^ Die. allowed Bcnj''' akerman ten pounds for his Service attending Gov'' and Councill & assembly for the y*^ yeare 1726.
a vote past for powder Money : y* I"' powder or Ss money to be p*^ for Shipping past and sent up.
[p. 77.] allowed Stephen Greenleafe 30s for two Sheep at Casco & Charges allowed Cap* Hen Shcrburn 20s in full for his ace* there being a Mistake last Sessions.
allowed Clark Waldron 751b for his Service as CI' of the Coun" for the yeare 1726.
Then the house adjourned for two hours P. M.
Fryday May the 12"' 1727 p. m : the house met according to adjournment all psent as Entered. Eod™ Die. In the house of Representatives
Voted that the Carryage Wheels mentioned in the Return of the Comittee that viewd the Fort be repaird according to Said Report and y* y*^ Same be let out by a Comittee to be appointed for that End to him or them that will Do it Cheap- est & that the Stone work be defered for the present.
James Jeffry CV ass'"
452 PROVINCE OF NEW-HAMPSHIRE. [1727.
Eod™ Die. In the house of Representatives allowed John Newmarsh £3 : 7 : 4in full of his accompt Bro* in Don in the yeare 1721 for the fort Boat.
Then the house adjourned to Sathurday y" 13*'\a. m.
Sathurday May 13^'' : 1727 a. m. the house met according to adjournment all psent as Entred Eod™ Die. In the house of Represent
Voted that Londonderry he Taxed this yeare to the Prov- ince Tax the Sume of 40 lb : and y' y*^ Treasurer Issue out his warrant accordingly James Jeffry CP ass"^
Eod'" Die A Message from the Board pr m"" Geo Jaffrcy y' y*^ above vote for Londonderry & John Newmarshes was Concurd-
Eodm Die memorandum : That m'' Thco atkinson hath made up with the Comittee for taking the Interest of y*" 1500 lb and that he has p*' Seven pounds ten Shillings more than his interest Due toy'' 25^'^ of aprill 1727 which he must have Cr' for as Interest p*^ James Jeffry CP ass'"
Then the house was adjournd by order of y^ Liv' Gov' to Wednesday next at 10 a clock
[p. 78.] Wednesday May IV' 1727
The house met according to adjournment all psent as Entred M'' Speaker Wearc Debentures out 14 dayes John Plaisted "^ Sam" Tibbets
John Gillman I p rs ' Paul Gerrish
James Davis f ^^'^ M-" Ea Dennit
Andrew Wiggans J John Sandburn
Cap* John Downing Theo Atkinson
W" Fellows Eben^ Stephens
John Gillman Richard Jennes
Eod™ Die. In the house of Representatives
Voted — That John Plaisted Esff be one of this house to joyne with one of the upper house to be a Comittee for letting out the wheels & Carryagcs for y'' Fort.
James Jeffry CV ass"" A Mess*" from the Board pr Geo Jaffrey Esq'" that the Board Intirely refers the letting out the wheels & Carryages to Coll Plaisted : Then the house adjourned to Thursday May the 18^" 1727 am
1727.] JOURNAL OF THE HOUSE. 453
Thursday May 18"' am The house met according to ad- journment all psent as Entered, the votes for Sundry allowances was Sent up.
am' 110 : 8 : 8
Then the house adjourned for two hours p. m. [p. 79.] Thursday May 18*" 1727 p. m.
the house met according to adjournment all psent as En- tered. Eod'" Die. In the house of Representatives
Whereas it is Represented to this house that m' John Redman Desires to be Dismissed from this house by Reason of his great age and Infirmness —
The house having considered thereof: and Considering the great age and Infirmness of the Said m"' John Redman Tho he hath l)een a Serviceable member of this house —
Resolved — That according to his Request he be Dismissed tt that m"" Speaker Issue out a precept That the Town of Hampton may Send another Representative in the Roome of the Said John Redman So Dismist ag* the next Sitting of the assembly.
James Jeffry CI' ass™ Eod'" Die In the house of Representatives
the J>ill with amendment for Proportioning the Towns etc was Read three times and past to be Enacted.
Then the house adjourned to Fryday the Nineteenth am
Fryday the 19"" 1727 am the house met according to ad- journment all psent as Entered.
In the house of Representatives, Voted, That there be Nine hundred pounds Signed off of the money last printed and put into the Treasury for the payment of the allowances made by y*^ Gen" assem])ly
James Jeffry CI'' ass"' Eod"' Die : A Mess^ pr m'' CV Waldron that the above voat for the 900 lb was Cheerfully concurrd with
Eod'" Die. In the house voted : That m"' Treasurer Jaffrey receive from y® Ex®^ of y® late Treasurer Penhallow y*" Bali' of his accompt & alsoe to rcc y'^ 247 lb : 9 : f money y' was put into his hands for Excha old Bills
James Jaffry CV ass""
A jSIess'' from y*^ Board pr m' Geo. Jaffrey y* y° Last voate was concurrd
Then the house adjourned for two hours p. m.
454 PROVINCE OP NEW-HAMPSHIRE. [1727.
[p. 80.] Fryday May 19'^' p. m. the house met according to adjournment all psent as Entred the Speaker being gon home Indisposed the house proceeded to Chuse a Speaker protcmpore : and Coll John Plaisted was Chosen. Eod™ Die In the house of Representatives, the bill for the powder act was read three times and past to be Engross'd James Jeffry CI' ass"\
Eod™ Die In the house of Representatives, the house being Equally Divided on passing the Bill for Proportioning the Towns &c the Speaker gave his vote that the Said Bill goe up without amendment and to be So En- grost
James Jaffry CP ass™
a vote : for Impowering Clem* Hughes to administer an oath to all Taverners Retailers that are licensed by the Quarter Sessions In the house voted a concurrence with amendm' that he receive no Excise from any pson but such as are licensed by authority Nor administer any oath to any but those that are Regularly licensed Then the house ad- journed to
Sathurday y'' 20"^ of May a. m.
Sathurday May 20*'' 1727 A. m. the house met according to adjournment all psent as Entred
Memorandum Given m' Geo Jaffrey a Note under j'® hand of m"" Clem* Hughes for Sixteen pounds 16s ct nine pence beinsj the Ballance of the Excise accompt for y® yeare 1725 the Note Dated May 3^^ 1727
Ja" Jeffry CP ass™
[p. 81.] In the house of Representatives
Memorandum alsoe that ol the three bonds for the Excise of W Clem* Hughes that was put into the CP of the assem- bly hands for Safe Keej)ing — m"" Treasurer Jafifiey came into the assembly and acknowledged that he had rec'' one of the Bonds Due for the yeare 1726 : and the CI'' is hereby Dis- charged of Said Bond : and the CP is hereby ordered to Deliver the Next Bond for the Excise for y*^ yeare 1727 when Due James Jeffry CV ass"'
Eod"* Die In the house Delivered nV Treasurer Jaflfry
1727.] JOURNAL OP THE HOUSE. 455
those notes following viz, one from John Penliallow Escf for X52 : 10 for Interest Due for the 200 lb his father had: De- ducting what appears to be paid @ 2| pr C : and likewise the Liv Govornors Note for the like Sum Deducting after the Same Manner & Coll Richard Wahlrons the Same Tennor Cap' Wibirds Note for G : 18 : G : Due to y' 25"' ap^ 1727 M^ Henry Sherburne 13 : 11 : Due to y® Same time Coll AVal- tons Note for 7 : 17 : G : Due to y® Same time Deducting w* appears to be paid m' Geo Jaffreys Note for 52 : 10 for in- terest to y*^ 25^'' ap*" 1727, at 2J pr C* Deducting w*^ appears to be paid James Jcffry CI'' ass'"
Eod"^ Die In the house
allowed Benj* Rust £Q: 4: 9*^ in full of his accompt of Expences of tlie Comittees &c to May 18'" 1727
A Mess^ from the Board that Rust & Shcrburns allowances & Gilmas Discharge was concurd
The auditors for m"^ Treasurers accompts made theire return viz,
[p. 82.] Sathurday May 20"', 1727
Wee being appointed a Comittee of both houses to audit & examine the Treasurers accompts; have exam'd tlie Same and find them well vouch'd & Right Cast do allow thereof all Except the Coniissions for receiving & paying which is Submitted to the Gen" assembly W"' Fellows R Wibird
E" Dennit Ar ^I'phedris
Paul Gerrish Jot'' Odioru
Eod"^ Die In the house of Representatives Voted, the above Return be accepted and allowed
James Jeffry CP ass"'
a Vote Bro* Down from the Board by m'" Clark Waldron appointing Theo atkinson to be receiver of the powder money required to be paid by an act Past this Sessions which vote was read and concurr'd James Jeffry CI"" ass'"
Eod"" Die, a vote Bro' Down from the Board by John Frost Esq'' Directing the Treasurer to Procure a Bill of 50 lb Sterling for agent Newman to Enable him to pass thro' the further business of this Province which vote was read and concurrd : and that Cap* W"^ Fellows & Theodore At- kinson be of the Comittee to Joyn with the Gen' appointed by the Board for the end above S"^
Eodem Die In the house of Representatives
The answer to the Kingston Petition : viz That they pay 10 pr C for the Money as the Rest of those that have of y°
456 PROVINCE OF NEW-HAMPSHIRE. [1727.
15 M pounds Do : and that the 500 11) they have be Burnt in the Same manner it was returned & reconsidered to ly for consideration to Next Sessions [p. 83.] In tlie liouse of Kepresentatives
Voted : That 2 M pounds be made for defraying the Charges of the Fort W™ & Mary and fortifying the Frontiers be made & Signed off & paid in by a Tax of 1 M in 1739 : & 1 M in 1740 James Jeffry CP ass°^
Whereas his hon'' the Liv* Governor hath acquainted the Board that he has lajte letters from his Excellency Govern'^ Shute adviseing that his Excellencie Designs verry Speedily for New England : and that^ he intends to land in this Prov- ince Therefore In Councill voted Tluat a Comittee of both liouses be appointed to make Suitable Provision for receiving & Entertaining his Excellency upon his arrivall here and that m'' Treasurer Jaffrey & Cap* Wibird be of the Comittee from the Board for that Service
R. Waldron CP Con"
Eod'" Die In the house of Representatives
the above voat read and concurr'd : & voted that Cap*^^
W™ Fellows & nV Theo Atkinson be a Comittee of this house
to Joyn with the Comittee above mentioned
James Jeffry CP ass™
Eod'" Die In the house of Representatives allowed John Cutts lOs, as Vendue Master for y^ Excise allowed John Griffiths 256-, for work formerly Don at Fort W™ & Mary
allowed m'' Sherif Gambling 15 lb as Sherif for y"^ yeare 1726 Whereas his hon"" the Liv' Gov"" hath y® whole Gover- m* Still continued upon him as comander in chief: voted y*' he be presented & paid out of y*^ Publick Treasury the Sume ot 100 lb as comander in Chief; & for his Exteror- dinary Service don y*^ Good People & Inhabitants of this Province y' he be presented with the Sum of 40 lb more Sent up and concurrd
James Jeffry C. ass™
and then the Gov'^ Prorogued tlie assembly to y° 20"' June next.
17-27.]
JOURNAL OF THE HOUSE. 457
[p. 8-i.] Tuesday June 20'*' 1727 the house met accord- ing' to prorogation psent
Maj''John Grillman "^ Cap' John Gillman
Andrew Wiggans > Esq''* AV'" Fellows
James Davis J Sam Tibbets
m"" Ea Dennit John Sanburn Theo Atkinson And were Prorogued to 20^'' July 1727 By the Liv' Gov"'
Tuesday June the 27"' 1727 the house met by an Special! order from the Liv* Gov"" as Coniander in Chief psent m'' Speaker Weare
John Plaisted ^ Cap' W^ Fellows
James Davis i p- rs Paul Gerrish
Andrew Wiggans | ^^^ Sam" Til)bets
John Gillman J John Gillman
m'' John Sandljurn Ea Dennit Eljcn'' Stephens Theo Atkinson
A Mess^ from the Board that it was his hon"" pleasure y* the house attend him at the Board the house went up and the Liv* Governor made a Speech which was y' he had rec'' a letter from Liv'^ Gov" Dumer that Came from the Thre Indian Tribes that had not come into the former peace made w"' the Penobscot Tribe : and that he intended to meet them y*^ 10''' July at Falmouth and Desired his Company : a Copy of the Letters & nV Dumers Letter was Sent Down Eod'" Die In the house of Representatives the Question being put whether this Government Shall Send to Ratifie the Peace with those three Tribes that hath now Sent & are waiting at Tirionet ? it past in the affirma- tive
Eod"^ Die In the liouse of Representatives Voted : That this Province send to Casco to Ratific the Peace w"' the three Tribes of Indians now on Kcnnebeek River in the manner as Don w"' the Penobscot
James Jeffry CP ass'" Narrigawack Wiwarna
Wenewenock Ommeway
Anessegontacook Porresine
458 PROVINCE OF NEW-HAMPSHIRE. [1727.
[p. 85.] June y'^ 27"^ 1727
In the house of Rcprcsentatiyes
Voted, That Josiah Ncdd a Cape Cod Indian in the Ser- vice of the Province of New Hampshire in the late Canada Expedition (as a Soldier) under the Comand of Cap' James Jeffry have the Gun Delivered to him, y* was given him in that Expedition & y' his hon'" the Liv' Governor be Desired to give orders for the Same
James Jeffry CF ass'"
Eod™ Die
A Mess* from the Board pr m'' CI'' Waldron y*^ y*' above voate was concurrd Then the house adjourned to Wednes- day y 28"' A. M.
Wednesday June the 28*'' a. m. The house met accord- ing to adjournment all psent as Entred yesterday
In the house of Representatives ■ Voted, That his hou'' the Liv* Governor be Desired to Comisionate one pson or more as his hon'' Shall think Con- venient to goe to Casco to treat with the Indians there, with power to Ratifie the Peace already Made with the Penobscot Tribe : and to Make Peace with any other Tribe with whome wee are at Warr
James Jeffry CP ass"^ Eod'" Die
A message was Sent Down with the above voat by Geo Jaffrey Esq'' to be reconsidered
Then the house adjourned for two hours p M
Wednesday June y*" 28"' 1727 p m the house met according to adjournment all psent as in the jMorning
an addition to the Governors Speech was Sent Down viz
Gen't the vote you Sent up Desiring me to appoint .Comiss"'^ to Rep- resent this Goverment for the Makeing Peace with the three Tribes now Waiting at the Eastward for onr answer, 1 Can by no INIeans adhere to : It being inconsistent witli the hon'' of this his Maj"^'^ Goverm' So to do : therefore I advise you to reconsider your vote
We have now an opportunity to !Make an hon"^'"^ and lasting peace with those Indians that have So often Laid waist our DwelHng phices and Cruely Murdered many of our friends & Neighbors : which I think Cannot be forgotten by us : more Especially you that live on our [p. 86.] Frontiers It lies entirely with you Gen' of the house of Rep- resent this Board being all of opinion that its highly Reasonable and Necessary that wee Imbrace the Season : Let us prefer y* peace Quiet
1727.] JOURNAL OF THE HOUSE. 459
good Settlement of our Country; & lives of our friends before Money: for I find there the Matter Sticks J. Wentwortu.
Copia James Jeffry CI"" ass°'
Eocl"» Die. In the house of Representatives
Voted, That it is our advice that his hon"" take two of the- Councill : and one of the house : (as Shall be by them ap- point'' ) with him to Casco Bay or Els where : there to Rat- ify & Make any Peace he Shall tliink fit, & that the Treas- urer Su|)iily him with what ]\Ioncy or Necessaries he Shall think fit for that affaire : and that he make a present to the Indians of 20 lb and that his hon'' be Desired to be as fru- gall as may be Consistent with the hon'' of the Goverm* in this atfaire
James Jeffry Cl-^ ass"> Eod'" Die.
A Message from the Board pr Geo Jafifrey Esq'' that the above vote was approved off only that the psent to the Indians of 20 lb was to little : In the house It was amended and J^Iade about 25 lb & Sent up by the Same Messenger Eod'" Die. In the house
Voted : That m"- Theo Atkinson be appointed from this house to goe with his hon'' the Liv' Governor to Cascoe or Elswhere to Ratify & Make Peace with the Indians.
James Jeffry CV ass™
Eod'" Die a mess-"* from the Board y' y*' above voates was Concurd & y' Sh'' Walton Geo : Jaffrey & R Wibird were appointed at y® Board
Debent f Sandburn 24 days Wiggans 22 days
out Stephens 15 Tibbets IT
Cajjt GiUman 17 Dennit 24
Maj'- Gillman 23 all to this 28 June
Eod"^ Die In the house
Voted that there be two hundred pounds of the Money in the Comittces hands now Signed [p. 87] off and put into y° Treasury for the Defraying tlie psent charges in going to Casco to Meet the Indians James Jeffry CI'' ass'"
Eod™ Die a mess''' from the Board pr Sh* Walton ar M' & the Clerk that the above voat was Concurd with <t fhat the assembly Stands prorogu'd as before ct now Dismis'd for the psent
460 PEOVINCE OF NEAV-HAMPSHIEE. [1727,
Tuesday August 29"' 1727 tlie house met according to Proclamation pscnt as Entred m"" Speaker Weare ^ Samuel Tibbets
John I*laisted i p ^s Jolm Gillman
James Davis j ^ m"^ Ea Dennit
Andrew Wiggans J Jolm Sandburn
John Gillman Theo Atkinson
Cap* W™ Fellows Eichard Jennes
John Downing Eben'' Stephens
Paul Gcrrish Joshua Wingate
A Mess'* from the Board to Know if there was house : and y* if there were : It was his pleasure that they appear at the Board to take the Oaths to King George the Second : the house went up all as Entred and the Clark and tooke the oaths : and then returned
Eod°i Die JM^" Sherrif Gambling Made his Return from hampton that Cap* Joshua Wingate was Chosen a Repre- sentative in the Roome of m"* John Redman Lately Dis- missed wliich return was Read and then the house Sent two of their Members to Introduce the Said Cap* Joshua Win- gate : and a Message Sent up to the Board by 2 Members to Inform [p. 88.] his hon'' that Cap* Wingate as a member of this house wants to be Qualified by talcing the oaths. Then a mess^ was Sent from the Board for Cap* Wingate to appeare at the Board : Who went up and took the oaths appointed and Returned and took his place in the assembly as a member thereof
Eod"' Die. M"^ Clerk Waldron Bro* Down the Governors Speech and a Treaty & Ratification of Peace with the In- dians was Read in the house : Then the house adjourned to Wednesday the 30*^' am.
[See Journal of Assemljly, pp. 254-258.]
AVednesday august the 30"' 1727 Am : the house met according to adjournment all psent as Entred Eod"' Die In Councill august BO"* 1727
Voted, That his Maj*'"' King George the Second l>e addresd by this Goverment by way of Congratulation upon his ac- cession to y" British throne : and that a Draught of an address be |)repared accordingly by a Comittce appointed for that End : and that Geo Jatfrey & Richard Wibird Esq^ be of the Comittce from y*^ board for that Service
Richard Waldron CP Coun"
1727.] JOURNAL OF THE HOUSE. 461
Eod'" Pie In the house of Representatives
Eead and Concur'd and voted that Cap* W'" Fellows &
m.^ Theo atkinson he of the Coniittee of this house to Joyn
with the above Chosen for that End
James Jetfry Cl-- Ass™ Tlicn the house adjourned for two hours p m Wednesday august the 30"' 1727 p. m. the met according
to adjournment all psent as in the ]\Iorning
M'' Treasurer D"" to Receipt of what Sundry things were
Sold for at vendue on Board the Schooner at her Return
from Casco
Bv reC^ of John Cutt £1 : 13
By rcc^ of Sam" Rymes R Wil .ird & Benj^ Dockam £1 : 2:6
5 : 15 : 6 Mem*^ the Balance of the accompt of Expenccs
going to Casco is £386 : — : 4
[p. 89.] august 30 1727
Upon Request of Andrew Wiggans Esq'' that Benj'' Follets Might have a license for himself and house at Stretham (the house being convenient for a Public house) he paying Excise and giving bonds to the Sessions for his Keeping good orders : the house to be licensed for two years, conforming as above In the house
Voted — That Benjamin Follet ])e licensed to keep a pu])- lick house in his Dwelling house at Stretham for one yeare he giving Security to the Sessions for his keeping good or- ders : & paying Excise according to Law.
James Jeffry CP ass"^
Eod"^ Die. the Treasurers Ballance of his ace* for the Disbursements at y" Ratification at Casco is £386 : — : 4 & more allowed Geo Jaffrey Expended at Casco not y® ace' £ 2:5:7
£388: 5:11 Eod"™ Die. In the house of Representatives
Voted— that the Sum of £188:5:11 ])e Signed off and put into v*" Treasurv for tlie payment of the above Sume of 388:5:11.
James Jeffry Cl^ ass™ Eod™ Die. In the house Ordered — That m' Treasurer Jaffrey receive of Maj'' John
462 PROVINCE OF NEW-HAMPSHIRE.
[1727.
Gill man & Theo Atkinson y^ Comittee that Sold the old Prison the Surae it was Sold for : and alsoe they are hereby ordered to pay the Same to him.
James Jeffry CY ass™ A Mess^ pr m' Clark Waldron. y* the vote for allowances
the vote for payment of money into the Treasury & the vote about the Prison money were all Concurrd.
Then the house adjourned to Thursday 9 a Clock am.
[p. 92.] Thursday august 31^* 1727 am the house met ac- cording to adjournment all psent as Entered. Eod™ Die. In the house.
Whereas by the death of his late Maj^''^ King George of Blessed Memory Sundry Disputes may arise about writs and Process and precepts that have been Issued out in the name Stile and Title of the Said King : by Sundry psons that do not Know what acts of Parliament are made and provided in Such Cases.
Therefor Ordered for preventing and Removeing any Such Doubts or Disputes about any writ process or precepts Issued out in the name & Stile of his S'' late Maj"*" King George of Blessed Memory & Suits Depending thereon : Provided y® S"^ writs were Served or comenccd before his present i\Iaj"^ King Geor the Second was Proclaimed in this Province that then and in Such Cases : No Writ Process Precept or any Matter Testamentary Shall abate be Qualified or in any wayes put by its due & Legall proceedings : for or by reason of the Name & Stile of his Said Late Maj"® King George being in- serted therein : Provided as above Provided But that all Such writs Process & Precepts : and letters Testamentary & Probate buesness Shall proceed in Due course of Law as if Such Death of the Late King had not been.
James Jeffry CP ass™
Eod'" Die. A Mess* from the Board pr Jotham Odiorn Esqr that the above vote was concurrd with.
Memorandum for m'' Grcenleafe to be considered at y^ next Sitting : and Thomas Harveys Note. [p. 93.] j\remorandum Whereas Cap* archibald ]\raephedris as a Comittee man Did give a rec* to Coll John Plaisted for
1727.] JOURNAL OF THE HOUSE. 463
the thirteen bonds for y*" 170011) : which Bonds are Bro^ into the assembly : and the Said Macphedris is hereby Discharged of the Said rec' it not being to be found.
James Jefifry CI' ass"' Eod™ Die. In the house.
M"' Eaphraim Dennit was Sent up with a Mess** that the house had no further buesness before them.
A Mess'^ from the Board pr nV Clark Waldron that the house ap])eare at the Board which they Did and were pro- rogued by the Liv^ Govornor to the first tuesday in October Next.
Tuesday October the 3'' 1727 met according to prorogation.
CarM\- Fellows U the CI' ass»
Cap^ J ohn Downmg ) and were Prorogued by order of the Liv* Gov'' to the Second Tuesday in November Next.
Memorandum the Bonds for the 17301b is Entered two leaves forward — & who have them in Keeping Cap' W"' Fel- lows Debenture to this 3*^ October 30 davs.
[p. 91.] Tuesday 9' 11*'' 1727 the house met according to
Proroga'^ psent
]\P Speaker Weare. John Plaisted ^ Cap* John Downing
James Davis ! ^ , John Gillman
John Gillman f ^ ^ Joshua Wingate
Andrew Wiggans J W"^ Fellows
Sam" Tibbets Paul Gerrish m"^ John Sandburn Ea Dennit Theo Atkinson Eben Stephens Bichard Jennes a Messa from the Board pr m"" Clerk Waldron that tlie house appear at the Board : the house went up accordingly and the Governor made a Speech and then the house re- turned : and the Speech was Sent Down.
a Petition for y° north part of Exeter to l^e a precinct was Bro*^ & Read & acted upon. But was new Don in December. Then the house adjourned to Wednesday O' 15''' a. m.
464 PROVINCE OF NEW-HAMPSHIRE. [1727.
Wednesday November y" 15"' am the house met according to adjournm'^ all psent as Entred : and a vote past that all Shop book ace*- Should not Stand open above three years then Came Down a Mess-"" from the Board that the house was adjourned to Tuesday 9'' 21, 1727
Tuesday November the 21 : 1727 the house met according to adjournment all psent as Entred : and the Governor with- drew his Speech of O"" y"^ 14^'' 1727 and gave another this Day and then the house adjourned to Wednesday the 22*^ 1727 A M
Wednesday 9"^ 27"' 1727 the house met all psent as Entred a Mess''- from the Board that the house went up accordingly : and By the Livten* Governor were Disolved
[i^. Cfovernor''s Speech which wets withelraivn.'] Eel.
[p. 95.] Gent There has nothino; of moment occurd Since the last Sessions from England: So that I have nothing to Comunicate to you Save that m"" agent Newman Expects that the affaire of the line Be- tween the Province of New hampshire and the ]\Iassachusets will Come on by Christmas So that as we have powerful Enemies to Engage with I hope you will INIake Such Provision for our agent as may Enable him to prosecute the business vigorously for without money Nothing of moment can be Transacted : your Diligent application to y*^ occasion of the Sessions will make it Short: I reconiend the INIakeing of Some New Laws to Strengthen the old: also that you will Consider Some Expe- dient to prevent the Disorderly People of the other Prov. from coming into this: and pretending to lay out plats of Townships in his Maj*^'^ Province already Chartered by this Goverment to his Maj'''^^ Good Subjects, which may tend to overthrow the good order: and be Des- tructive to our Peace if not Speedily prevented by good wholsom Laws Made for that End I have from time to time ashurd that I shall Do Every Thing in My Power That may Contribute to the Service of this Province & as long as Pme continued in the Chair you may Depend on the Continuance of the Same: Province of New hampshire 9"": 14: 1727 J Wextworth
Copia The above Speech was withdrawn 9 : 21,1727 and the underwritten was Sent Down
Gen't I shall not Detain you longer than the Publick affairs Require not haveing any thing of Great Concern to Communicate to you : I would put you in mind of Settling and adjusting all Publick accompts and to nu^ke Provision for the payment of any Debt that remains un- paide: I shall be ready (as I have been att all times) to promote the
1727.] JOURNAL OF THE HOUSE. 465
Good of this Province & as this Possibly may be tlie last time that 1 Shall Sit at the head of this Government, I hope you will not be un- mindfull to reward my faithfull Services which you are "Wittnesses off Ever Since the administration of the Government has been in ray hands. Province of New Hampshire 9"" 21*' 1727. J Wentwokth.
Copia.- ^
[p. 97.] August the 31, 1727
In the house of Representatives
Ordered : That twelve bonds as here undered Entered be put into the hands of William Fellows for Safe Keeping : and that the Said William Fellows is hereby Impowered to receive the Principle and Interest Due from Time to Time on Said Bonds from the Severall psons therein bound : & endorse the rec*^ of Such Principle & Interest on the Back of the Respective Bonds and such Principle & Interest as the Said Fellows Shall receive : he pay the same according to the order of the house of Representatives from Time to time
The Bonds are
Theo: atkinsons: for 200 Interest p'* to the 25 ap'' — 1729
Henry Sherburn — 110 — Do
John Penhallow — 200— Do
Liv' Governor — 200 — Do
Benj'' (Gambling 100 — Do
Cap* R'l Wibird 50— Do
James Jeffry 40 — Do
Coll Walton 30— Do
Coll Geo Vaus;han 200— Interest Due from 1.5* June 1716
Coll Rich'i Waldron 200— paid to aprill 1729
Geo Jaffrey 200— Do
Cap'. Richard Gerrish 200— Do
1730
I W"" Fellows Do acknowlied to have rec*^ the above bonds: and Do oblige my Self my heirs, ex" or adm""* to be accomptable to y"^ Speaker of the house of Representatives for the Time being: to return the S<^ Bonds & what I receive psuant to the above vote on the money Specified in the Bonds
the Words W'" Fellows was W Fellows
thrice interlined & Fellows once
[p. 98.] august 31: 1727 In the house of Representatives, Ordered, That the Meads Bond be put into the Treasurers hands to receive w* is Due thereon
James Jeffry CV ass™ 30
466 PROVINCE OF NEW-HAMPSHIRE. [1727.
December tlie 20^'' 1727 In the house of Representatives the Bonds Entred on the other Side were Bro* into the assembly from m'' W"^ Fellows by a Comitte Sent for them and the Said W™ Fellows is hereby Discharged of his roc'
James Jeffry CP ass™ Eod™ Die. In the house of Representatives Voted That the Same Bonds be put into the hands of m"" Ephraim Dennit for Safe Keeping : and the S'^ Ephraim Den- nit hereby acknowleiges the rec' of them
Eph' Dennit
[p. 99.] allowances Made att the Sessions begun the 13* November 1727
N° 1 to Richard Perry for work Don to the Carryges &c £20: 5:
N° 2: to John Robinson for loins for the gunus & fixing y*
guns _ £11:19:
K" 3: to Cap* Pierce: for Drummers & Drum heads & his
attendance at Proclamations pr order of y** Gov"" £ — —
voted that m'' Pierces ace' be Dismist
N" 7 allowed Tim" Davis for the use of his Boat & Damage
Don her to Eastw*^ at the Ratification in full £ 2: 5:
N" 10 allowed John Wentworth Jun'' Expended as Gunner
in 1726 to ap-- 20"' £ 5: 8: 6
N" 16 allowed Benj'' Akerman himself & Cannoe Carrying the Comittee to let the wheels and Carryages out Jun 1727 : G:
N° S allow Benj" Rust for fire wood house Rent and Can- dles from S"- y« first 1728 to y« first of 8' 1727 16:
allowed Benj=^ Rust for Expences to the 9"^ Jan 1727-28 6 : 14 : 4
N" 11 allowed m'' Clem' Hughes for John Wiggans Excise for the yeare 1726 1 : 4
for Wardes Excise for y'^ yeare 1726 4: 17: 4
for his Journey to york & Money Expended 2 : 10
£ 8:11: 4
allowed James Jeff'rey, for his Service as Clerk of the as- sembly from ye 19* of 9' 1726 to the 9* of 9'' 1727 £15:
allowed Tho^ Harvey ace' for Gundalou & an oar Broak 15: 4
Jau"^ y<= 10«» 1727-8 all the above Sent up 86: 19: 11
Eod'" Die a mess'' pr Geo: JafFrey an Sh" Walton Esq''* that the
above allowances was Concurr'd with —
Jan'' the 12'*': allowed m'' Gamblings accompt for Taking the Peoples
oaths of alleidgiuce £4:
a mess" y' y" above for m"' Gambling v/as Concurrd a vote Sent up for payment of 2.5*' to John Griflith allowed £1: 5 may y*^ 20, 1727—
[p. 100.] December 13*^ 1727
A Generall assembly Cal'd by AYrit By order of the Liv' Gov"^ & Councill
1727.]
JOURNAL OF THE HOUSE. 467
The Representatives Return'd from the Several! Towns for this Province of New Hampshire to Serve in Generall assembly are
for Portsmouth — Benj=' Gambling Esq"" Cap' George AValker m^ Epliraim Dcnnit Dover — Paul Gerrish Esq"" Sam" Tibbcts Hampton — Nathaniel Weare Esq"^ Cap' Joshua Wingate uf John Sanbnm Exeter — Samuell Thing Esq""
m'' Bartholomew Thing New Castle — Theo Atkinson Richard Jennes Kingstown — E])enezer Stephens
Stretham — Andrew Wiggans Esq' Newington — Cap* John Knight Londonderry — James Mackeen Esq"" A Mess'^ was Sent up that there were Members Eno to Make a house
Eod"> Die Geo Jaffrey & John Frost Esq''^ with the Clerk of the Councill was Sent Down to adnV the Oaths ai)pointed by act of Parliment, which was Don & Signed by all then psent and then a Message Came from the Board for the house to proceed to the Choice of a Speaker
and the house proceeded to ]\Iake Choice of a Speaker Nathaniel Weare was Chosen Speaker by a Majority of "Written votes. [p. 101.1 Eod''^ Die. In the house of Representatives
The Members of the house having taken the Oaths ai)pointed by act of Parliment : Then proceeded to Choose their Speaker and accordingly Nathaniel Weare Esq'' was Chosen Speaker.
Sent up. James Jeffry CI' Ass"^
Eod"' Die. A Message Came Down with the Govornors Entry on the above y' was Sent up viz
I approve the above Choice J Wentworth
Eod'" Die. A Mess^ from the Board that it was his lion''* pleasure the attend him at the Board : and they went up ac- cording and the Governor IMade a Speech of which m"" Speaker prayed a Coppy and then returnd.
Then the house Debated whether they Should have a Clerk of one of the Members : it past in the Negative and
468 PROVINCE OF NEW-HAMPSHIRE. [1727.
then they proceeded to Chiise a Clerk : and James Jeffry was Chose for their Clerk : v\'ho accepted.
Eod'" Die. A Message from tlie Board with a Copy of the Govornors Speech which was Read and then the house ad- journed to the 14*'' Ins* am.
[See Journal of assembly p. 261.]
Thursday December the 14*'' am the house met according to adjournment all psent as Enter- ed Cap* Walker for Portsmouth and Cap* Samuell Tibbets for Dover appeared : and a Message Sent up that they wanted to be Qualilied liy the Oaths appointed.
Eod'" Die. Sl> Walton & John Frost Esrf and the Clerk of y® Councill was Sent Down to Quallifie S'' Members — which was Don and then they tooke theire places accordino:-
Eod"^ Die. In the house of Representatives
James Mackeen Escf Return for a Representative not be- in a; authentic ; one of the Selectmen of Londonderrv beino- psent was called in and Declared m"" Mackeen was Legally Chosen and y* the Returns not being Right was thro Igno- rance ; however the house accepted him and ordered that they Should Send a proper Return.
[p. 102.] The Rules of the house was Read : and Voted that they Should be the Rules of the present house and that the Clerk write them out and that they be hung up in the house During the Sessions.
Eod'" Die — The Late Clerk being Chosen by the house his Time to begin from the End of the Last year viz 0'' 10'" 1727 and was Sworn faithfully to pform the office of Clerk of this house and to Keep the Records thereof fairely Entered in y*^ books : his Sallary not agreed : but left to the house to Satisfye as they think he Deserves when the yeare is up. Then the house adjourned for two hours p. M.
Thursday X'' 14'" 1727 p. M. the house met according to adjournment all psent as Entred and then the Question be- ing put whether there Should be a Bill Bro* in for a Trieniall act for Choice of an assm It past in the affirmative Nomine Contradiccnte.
Eod"' Die. A Petition of the North part of Exeter by Meets & bounds as Set forth in a Town vote of Exeter to be
1727.] JOURNAL OF THE HOUSE. 469
a precint by it Selfe for tlic ]\riiustry and that tlicy Shall be Excused paying to the Ministry ot the old Parrish.
December the 14'" 1727 In Council! voted that y® ])rayerof the Petition be granted and that the Petitioners have liberty to bring in a Bill accordingly and that the name of" the par- ish be New Market. Richard Waldron CI"" Con.
Eod"* Die. In the house of Representatives the above vote Read and Concurred & Sent up.
James Jeffry Cl^ ass™
Eod"^ Die. In the house of Representatives
Voted — That Andrew Wiggans Esq^' and m'' Theo Atkin- son bo a Comittee of this house to Draw up an answer to the Liv* Gov"^ Speech. and then the house adjourned to fryday X"" 15"' am.
[p. lOo.] Fryday December the 15"' 1727 am
The house met according to adjournment all pscnt as En- tred for the Day.
Eod'^ Die. In the house of Representatives.
Whereas it is the universal and earnest Desire of his ]\[aj*'°* good subjects within this Province to have a Trienniall choice of Assembly men : which is in itself most Reasonable S: not only Consonant to the use and Custom of Great Brit- taine but (in effect) a compliance with his late Maj'''* Royall mind, who has in express words by Gov"" Shute's Comiss" eomanded that the Laws Statutes and ordinances of this Province he not repugnant to, but as neare as may be the Laws and Statutes of the Kingdom of Great Brittaine: whereby the Constitu" and Statutes of the said Kingdom no Parliment can continue and be no longer than three years — Therefore
In the house of Representatives
Voted — That there be an act Drawn up that no assembly or Lower house of Representatives of this Province whatso- ever shall have any continuance longer than for three years only at the farthest, to be accomptcd from the Day on which by writ they are appointed to meet : and that this assembly sliall cease on the thirteenth day of December 1780 : unless the Comander in Chief for the time being think fitt to De- solve it sooner : and that there be fifteen Dayes at Least between the Date of the writ for Electino- them and the Dav
470 ' PROVINCE OF NEW-HAMPSHIRE. [1727.
of their being Chosen : and that the notifications stand up two PubKck Dayes at least in all Towns precincts and parishes where any Representative is to be chosen — before the Day of Elect" unless it be upon Extcrordinary Emerg- encies : voted nemine contradicente.
James Jeffry Cler Ass™
Sent up for concurrence
Eod™ Die — In the house of Representatives,
The Bill for the Settling the North part of The Town of Exeter to be a parish by i\\(i Name of New Market was Read and past to be Engrost'ct Enacted & Sent up
James Jeffry CP ass™
Then the house adjourned for Two hours p. m.
[p. 104.] Fryday x'' 15*"' 1727 p. m. the house met accord- ing to adjournment all psent as Entred for y^ Day
a vote from the Board for an act to be Drawn up for the Strengthening & amending the act for Registring Births Bur- ials &c which was Read and Nonconcurr'd.
Eod™ Die In the house of Representatives
a vote was Drawn up for the Recording Marriages Births & Burials past
Then the house adjourned to Sathurday y*^ 16 am
Sathurday X'' the Sixteenth am the house met according to adjournment all psent as Entred for the Day
the vote for an act Relating to marriages Births k Burials was Sent up and alsoe the answer to the Liv^ Gov''^ Speech In the house of Representatives
There being Defect in the Return from Dover Relating to their Representatives Chosen
Ordered that the Clerk of this house write to the Select- men of Dover to amend their Return w^^' was Don as folio*
Gen't the Return you Sent Relating to the Choice of Representa- tives for your Town is not according to tlie Direction in the Law, you have Returned three Chosen But not that you have Notified them psons to appeare: and here is but one appears, Therefore by the order of the house that you Send next tuesday why those psons Chosen do not appeare to the house that the house may Know how to act
James Jeffry CI"" ass'"
To the Selectmen of the Town of Dover
X"- y'' IG 1727
1727.]
JOURNAL OP THE HOUSE. 471
Then the Liv* Governor adjourned the assembly to Tues- day the 19"^ 1727.
[p. 105.] Tuesday x-" y'^ W 1727
The house met according to adjournment all psent as Entred for the Day M^ Speaker Weare M'' Bar^ Thing
Benjamin Gambling Esq"" M'' Theo Atkinson Cap^ Geo Walker M'' Richard Jennes
m' Ea Dennit M'" Ebenezer Stephens
Cap* Sam'^ Tibbets Andrew Wiggans Esq^
Cap' Joshua Wingate* Cap' John Knight
M"" John Sandburn James Mackeen Esq"^
Samuell Thing Esq^ Eod"* Die : The house being met as above Entred Voted, That Benj* Gambling & andrew AViggans Esq'' be a Comittee of this house to form an answer to the Mess'' from the Board Relating to the Proviso in the Late act Sent home for a Trieniall assembly and present to the house To- morrow James Jeffry CV ass"'
Messrs Jennes & Sandburn was Sent up a Messa to the Treasurer to know the State of the Province accompts Eod'" Die m' Treasurer Came and gave in an Estimate
Whereas august the 31"' 1727 By vote of the Gen" assem- bly there were twelve Bonds for the valine of 1730 lb Due from Sundry psons to the Province : put into Cap* W"' Fel- lows hands for Safe keeping : In the house of Representa- tives
Voted : That m' Bar' Thing and Cap* Geo Walker & Cap' Wingate, goe to the S'' W™ Fellows in the Name of the house & Demand the bonds above Said & upon receipt of them to give y'' Said Fellows a receipt which Shall be his Discharge from his rec' in y" ass'" Books Xr ye 19th 1727
James Jeffry Cl^ ass"» Then the house adjourned to Wednesday y*^ 20'^ am
[p. 10(3.] Wedness the 20'^ X"^ 1727 a m
The house met according to adjournment all psent as En- tred for the Day
472 PROVINCE OF NEW-HAMPSHIRE. [1727.
A Mess* from the Board pr Geo Jaffrey R Wibbird Esq'"' with m'' agent Newmans Letter Relating to the Trieniall act
The Comittes for answering the oLjeetions ag' the Trien- iall act for an assembly, and Drawing up an act to Repeale those Clauses Relating to appealing to Gov'' and Councill being on those affairs the house adjourned for two hours p m
AYednesday X"^ y"^ 20"' 1727 p m the house met all psent as Entred
Eod°^ Die The answer to a verbal message from the Hon*^*'* Board on Sathurday Last by Geo Jaffrey & J Frost Esq''* for the ]Mind of the house Relating to the Trieniall act for an assem was Read and voted^Nemine Contradicente to be Sent up the answer is on file
Eod"' Die. In the house of Representatives the Comittee that Went to Cap* William Fellows for tlie Bonds Bro* them all into the assembly and the Said W'" FelloM's is Discharged of his former rec' James Jeffrey Cle'' ass'^
Eod"^ Die. Li the house of Representatives
Yoted, That the Same bonds be put into the hands of m'' Ephraim Dennit for Safe Keeping and the S*' Dennit acknow- ledges the Receipt of them James Jeffry CV ass"^
his Receipe for them is found four Leavs Backward
Then the house adjourned to Thursday 21 a m
[p. 107.] Thursday X'' 21 1727 a m
The house met according to adjournment all psent as En- tred for the Day
X^ the 21 : 1727 a Mess^ pr Geo Jaffrey John Frost & Sha Walton Esq'^ that the vote for a Trienniall act was con- curr'd with and Bro' it Down with this Entry
In Councill December y° 21** 1727 The above vote Read and the Sundry Messages Relating thereto haveing been Duly Considered : voted a Concurrence with the proceeding vote, and Geo Jaffrey Sha Walton & John Frost Esq''% on the part of the Board are appointed to prepare the Bill accordingly Passd Nomine Contrad.
Richard Waldron Clc'" Con
Eod"i Die. In the house of Representatives
Yoted, That Benj-' Gambling & andrew Wiggans Esq""*
1727.] JOURNAL OF THE HOUSE. 473
& m'' Epliraim Deiinit be a Comittce of the house to Joyn with the above Comittee to Draw Said Bill —
James Jeffrey CV ass'^ Sent pr irf Tibhcts <fe Sandburn
Eud'^ Die In the house of Representatives
Voted, That m"^ Bar' Thing & m' Samuell Tibbets be a Comittee to goe Down and view m"" Tim° Davis's whale Boat and Sec what Damage was Don her and make re})' to the house this afternoone James Jeffrey CI'' ass'"
and then the house adjourned for two hours p m
Thursday X"^ 21'^' p. m.
the house met according to adjournment all psent as Entred Eod"* Die. In the house of Representatives
a vote passed for the Repealing the Riotuos act and Sent up
Eod"i Die M-" Clerk Waldron Bro^ Down tlie act w*" amend- ment for Registring Births Deaths ]\Iarriagcs & Christining which was Read and ordered to ly for Consideration
Then the House adjourned to Fryday 22'^ a m
[p. 108.] Fryday December y'' 22" a m
the house met according to adjournment all psent as En- tred for the Day
Eod"" Die, the amendment to the act for Births & Burials (fcc was Read the amendment was Nonconcurd — and the house adherd to their former voat to the first Bill James Mackeen Esq"^ the Representative for Londonderry Desires that in Consideration of the Infancy of theire Town tho they have the full Number of families to Make them Sul> ject to the penalty of the Laws of this Province Relating to Gramer Schools
They Say the Charge of Gramer Schoole will maintain two other Schools for Reading and Writing which is much More bcneficiall to them few or any of them being able to give theire children Gramer Learning : and huml)ly Desires this Gen" ass™ will be pleased to make an order that they May Ijc Exempted from the penalty they may be Subject to for not Keeping a Gramer Schoole Since they keep four other in their Town
474 PROVINCE OF NEW-HAMPSHIRE. [1727.
Eod" Die In the house of Representatives
Ordered, That Considering the infancy of the Said Town of Londonderry : Provided they keep two Schools for writ- ing and Reading in S*^ Town, That they be Exempted from the Penalties in the Laws of this Province Relating to Gramer Schooles for one yeare Next Ensuing to Comence from their annual Meeting in Alarcli Next and all Courts that have authority in that affair are to take Notice of this order and Conform according to it
James Jeffry CP ass*"
the above vote Bro^ and amended for two years & Sent up and Concurred in Both houses.
Eod"' Die. In the house of Representatives
Voted — That Benjamin Gambling and m'^ Ep Dennit for Portsmouth Samuell Thing and m'' Bai'th Thing for Exeter m"" Speaker Weare & Cap^ Wingate for hampton be a Comit- te of this house to joyne with a Comittee of the upper house to goe to the Severall Trustees That are in Each of the Towns they are apppointed for ; and Examine Avhat ]\Ioney is in the hands of Said Trustees for Exch=^ the old Cypher Bills and to Make Return to the assembly at their Next Sit- ting.
Eod'" Die. A Mess"" Came Down with a vote for Repeal- ing y'' Riotuos act that the house would Explaine what In- conveniences there was in it. [p. 109.] Eod'^ Die — In the house of Representatives
Voted — That Benj^' Gambling Escf and m'' Theo xitkinson goe up as Messengers to the Board to tell what the Incon- veniences are that attend that act & they went up accord.
Then the house adjourned for two hours p. m.
Fryday X"^ 22'^ 1727 p. m. the house met according to adjournment all psent as Entered.
Eod'" Die. In the house of Representatives upon Reconsidering the vote of the Councill of the 21^* Inst for amendment of the act Relating to Marriages Births &c voted that there he a Comittee of both houses to Draw up a New Bill & But Nothing Don upon it.
The house adjourned to Sathurday y*" 23*^ am.
Sathurday December 23'' am the house met accord to ad- journment all psent as Entred Tlie Bill for the Trienniall assembly wasRead and past with the amendment.
The vote Made at the Request of Justice Mackeene was
1728.] JOURNAL OF THE HOUSE. 475
Sent up and a vote for Examining tlic Trustees for the Ex- changing y'^ Cypher Bills and what is in their hands with a vote for the Plates in Coll Plaisteds hands to be put into m'' Gamblings hands ; and m"" Gambling and m"" Dennet to De- mand them But afterwards it was Known y*^ Plates were in m'' Theo Atkinsons Keeping.
a Mess^ pr m"" Cler Waldron that the vote for the Comitte about the Money & Plates was Concur'd and that the Board voted the Same psons to Stand as a Comitte for them alsoe
Eod'" Die A Mess^ from the Board pr J Frost J Odiorn & Cle"' Waldron that the Trieniall Bill Lay for Consideration till Next Sitting and that his hon"" adjourned the assembly to tuesday Com sennit
[p. 110.] Tuesday Jan'^ 2'^ 1727-8 The house met accord- ing to adjournment all psent as Entred for the Day M-" Speaker Weare M'" Bart Thing Es(/
Benjamin Gambling Esq"" M^ Theo Atkinson
Cap* Geo Walker nV Richard Jcnnes
Yif Ep Dennit m"" Ebenez"^ Stephens
Cap^ Samuell Tibbets andrew Wiggans Escf
Cap* Joshua Wingate Cap* John Knight
m"" John Sanburn James Mackeen Esq"^
Samuell Thing Esq"" Eod"^ Die In the house of Pepresentatives
The amendment for the Trieniall act for the assembly was Read and voted to pass
Then the house adjourned to Wednesday y^ 3'^ am
Wedness the 3'' Jan'' 1727-8 am the house met according to adjournment ail psent as Entred for y'' Day the Trieniall act was Sent up
Eod»> Die A Mess^ pr Geo Jaffrey & J. Odiorn Esq^ y* y^ vote was Concurd with, with the amendment of one Word more viz Enacted instead of Intended
Eod™ Die In the house of Representatives
a Vote past for the Prohibiting the Sup' Court of Judica- ture to Grant appeals to the Gov'' & Councill was sent up [p. 111.] A ^Message was Sent Down pr Geo Jalfrey Slia AYalton <& J Odiorn Esq'' that the above vote was noneon-
476 rROYINCE OF NEW-HAMPSHIRE. [1728
curr'd k then Read one paragraph in the Governors Instruc- tions viz tliat (y® Gov"") Do not Erect any Court of Judica- ture Nor Dissolve nor alter any Court already Errected with out our Speciall order.
Eod™ Die A Mess^ pr Geo Jaffrey & Sha Walton Esq^% with the Riotous act that it was his hon"^^ & the Boards opinion that the Clauses in Said act was not Grievious as was Represented : and that Considering how the Massachu- sets people Intrude upon us : that this act Might Still Con- tinue in force untill Some other way be made as Tho' Most proper
Then the house adjourned for two hours p. m.
Wednesday Jan 3'' p. m.
the house met according to adjournment all psent as En- tred for the Day
The house acljournd to Jan'' 4'"' 1727 am
Thursday Jan'' 4*'^ 1727 am the house met according to adjournment all psent as Entred for the Day
Eod'" Die In the house of Representatives
Whereas there has Sundry Inconveniences arisen within this Province Concerning the Tryals of Titles of Land ; psons being at Exterordinary Charge : That When they have gon thru the Inferior & Superior Courts The has been ap- peals to Govern'' & Councill by WHiich Reason Exterordinary Expense and Diflicultics Do and may arise for Remedy Whereof
voted That in all Cases where Title of Land is in any ways Concernd actions Shall Comence first at the Inferior Court of Comon please : and in Case any one appeals from y" Judgm*^ or Sentence of Said Court to the Sup'' Court of Judicature that there shall l)e a finall Issue and end thereof: unless the Matter or Cause Exceed the True valine of three hundred pounds Sterling that then any party may appeal to his Maj*'*" In Councill: and that [p. 112.] noe appeale be otherwise granted Where Title of Land is Concerned any Law usage or Custome to the Contrary thereof in any wise Notwithstanding : and that an act 1ie Drawn up accordingly
James Jeffrey CV ass™
Sent up for Concurrence
[1728. JOURNAL OF THE HOUSE. 477
Eod'" Die M'' Clem* Hughes Came in and Declared that Severall persons had license to Sell not paying Excise
Eod'" Die A Mess-'' pr George Jaffrey & J*" Odiorn Esq'* in answer to the above vote that his lion' Cannot Comply w*^ it : his hon'^ Instructions being against it* and then the vote was Sent Down Nonconcurrd
Eod"' Die a vote Came Down from the Board for a Sur- vey to be Taken of the Rivers and Winnipeshokee pond But Nothing Don on it
Then the house adjournd to Fryday y" 5"' Jan' a. m.
Fryday Jan' 5* 1727 a. m. the house met according to ad- journment all psent as Entred for the Day
Eod"^ Die. In the house of Representatives
A Mcss^' from the Board pr Geo Jaffrey & Sha AValton Esq'* Relating to the Riotous act was Desired to be Con- sidered on
It was put to the Question whether the liouse would Con- sent to Let y" act Rcmaine in force or not it past in y'' Neg^ and then whether the house adher'd to their former vote for the Repealing it & it past in the affirmative : and a Mess* was Sent up accord
Eod'" Die In the house of Representatives
Voted : That andrew Wiggins Esq' & m' Thco Atkinson be a Comitteo of this house to Joyn with a Comittee of the upper house to examine the accompts Bro*^ in this Sessions and make Rep*^ to the assembly for approbation
James Jeffry CI' ass'"
Eod"" Die A Mess^ pr m'" Waldron y* y*" above vote was Concurd w*"^ and that ar M'phedris & R Wibird Es(f* was appoin'^ at y'^ Board
Then the house adjournd for two hours p. m.
Fry Jan"" 5*'^ 1727-8 p. m. the house met according to ad- journment the Comittee went on the affaire of the accompts
Then the house adjourned to Sathurday y'^ 6 a. m.
Sathurday Jan' 6*'' 1727-8 the house met according toadj'^t and an act Bro* Down from the Board Relating to the assize of Shingles past on there and Read in the house and the Comittee for y° accompts Made their Heir? Return.
Then the assembly By order of the Liv* Gov' was adjourn- ed to Munday Jan' y*^ 8'" 1727-8.
478 rROViNCE of new-hampshire. [1728.
[p. 113.] Mnnday Jan-" the 8^^ 1727-8.
The house met according to adjournmeut all psent as
Entered.
W Speaker Weare BartW Thing
Benj-'' Gamblin Escf nv Theo Atkinson
Cap* Geo Walker m"" Richard Jennes
M' Ep Dennit Ebenezer Stevens
Cap* Sam" Tibl^ets Andrew Wiggans Esq''
Cap* Josliua Wingate Cap* John Knight
nV John Sandl)urn James Mackeen Esq"^
Samnell Thing Esq''
The house proceeded on the Shingle act : and Desired
the Clerk after adjournment to Draw up Said act. Then the house adjourned to Tuesday Jan'' 9*'' am.
Tuesday Jan'' the 9"' 1727-8 am the house met according to adjournment all psent as Entred for the Day.
The Clerk Bro* in the act Relating to Shingles : which was Read three times and past to be Engrost & Sent up.
Eod'" Die. — A vote was Drawn up and past to have a jury at the Court of appeals l)efore Gov'' & Councill : and that Each of y'' Councill take an Oath as Shall be prescribed : The vote on file was Sent up.
Eod"^ Die. The above vote Bro* Down Non concurd and a mcss^ That if some pro])er Oaths was Drawn up the Councill would Readyly take them.
A Mess'' from the Board that the Shingle act was passd on at the Board.
Then the house adjournd to Wednesday y® 10*'' 1727-8.
Wednesday Jan'" 10**' 1727-8 a. m. The house met accord- ing to adjournment all psent as Entred for the Day. [p. 114.] Jan-- 10**' 1727-8.
The vote for a Jury at the Court of appeals was Sent up againe with a Message to pray the Board to reconsider the vote.
Eod"" Die. The Same vote Sent Down with Entry on it to ly for Consideration to tlie Next Sessions.
Eod"' Die. The vote for Repealing the Riotuos act was Bro* Down Nonconcurrd.
1728.] JOUKNAL OF THE HOUSE. 479
In the house of Representatives.
Whereas the Court Home times Called a Court of appeals and Sometimes the Court of Chancery : assumes an arbi- trary po\Yer without foundation or precedent : and whose proceedings are Neither by Juries Nor any Known Rules & Laws which renders the Estates of his Maj"'^'' good Subjects within this Province most precarious and their Circum- stances most Deplorable which has occasioned a Generall Cry for Reliefe under So heavey a Burthen & whereas his lion'' the Liv* Governor has Signified to us upon application Made to the hon'''° Board That his Instructions forbids the Disolving any Court already Erected & therefore that wee May Expect Noe remedy from him and whereas y^ Province has been at a very Considerable & fruitless Expence for Set- ling the Province lines and for obtaining Stores of Warr, and the assembly frequently amused from time to time & yeare to yeare with hopes of Success cS: that a little Money at one time and a little Money at another time would accom- plish the affaire yet Notwithstanding these plausible Intima- tions & the Raised Expectations of Some the Matter for ought any thing we Can See is as far from a happy and favor- able Issue as when the attempt was first Made & whereas an additionall Number of Councillors from the Severall parts of the Province is what People in Generall & this house as theire Representatives Earnestly Desier being assured it Cannot faile to promote the happiness of the Province and where as Many other things beneficiall for the Goverment may be proposed and Considered and Where as the worthy Gcn^ who was lately an agent for us his Comission is Ter- minated : Therefore voted That Some faithfull Gen* of Suit- able Capacity and ability from hence who has the Interest of the Province at heart and one on Whose Integrity and [p. 115.] uprightness wee May Depend be forthwith Comis- sionated and instructed to appeare at the Court of Great Brittaine & Memoriall to his Maj*'*" the Grievances before mentioned & to Implore his Grace and favor in ordering the Disolving the Said Court or if that may not be then a New Regulation of It as in his Princely wisdom Shall Seem Right in Causing the lines to be Settled & y® Stores Granted, tlie Number of Councillors increased as a'ffore S"^
Jan^ 10*^^ 1727-8 James Jeffry CI-- ass'"
Eod'" Die. A Message from the Board pr Geo Jaffrey
480 PROVINCE OP NEW-HAMPSHIRE. [1728.
& J Frost that liis hon'' and the Board tho* the vote highly reflected on the Board in Saying that the Court of appeals acted without Law or president and that the Same was a Scandalous liblc.
In the house of Representatives, Eod™ Die Whereas this house has been unjustly Reflect- ed upon and Taxed with Negligence in Not giving the Ne- cessary Dispatches to the Publick Buesiness
Therefore that his Maj"*^® Subjects within this Province may be undeceived and such Reflection taken away Voted That the proceedings of this Sessions be forthwith printed at the Charge of the Government.
Sent up James Jeffry CP ass™
Eod™ Die the above Returned nonconcur'd Eod™ Die In the house of Representatives Voted, That James Jeffrey be paid out of the Publick Treasury the Sume of fifteen pounds as Clerk of the assem- bly from the 19*^ of November 1726 : to the 19"' of 9'- 1727 in full
James Jeffiy CP ass™
Then the house adjourned for two hours p m
"Wednesday Jan"" 10 p m the house met according to ad- journment all present as Entered
The Comittee of accompts Made their Returns which was voted accepted : and the Sundry allowances as Entered for the Day in the Begin'g of the Sessions Entrys [p. 110.] J^inuary the 10*^ 1727-8
A vote Came Down this Day from the Councill (as on file) for the house to Retract their vote Sent this Day to the Board Relating to the Court of appeals
Then the house adjourned to thursday the 11 Inst am
Thursday Jan"" IP^^ 1727-8 am the house met according to adjournment all psent as Entered for the Day
Eod™ Die. a vote sent up in answer to the above vote as on file — then the house adjourned for two hours p. m.
Thursday p m the house met according to adjournment all psent as Entered for the Day.
The' house adjourned to fryday y*^ 12 am.
Fryday Jan' the 12*'' 1727-8 am the house met according to adjournment all psent as Entred for the Day.
1728.] JOURNAL OF THE HOUSE. 481
a vote to Repeal part of the Powder act Sent up : and a Mess" Sent Down pr m"" CI'" Waldron with the Same vote Saying it was Read at the Board and Whereas the Kings Instructions Do Expresly forbid the Repeal of any acts which Grants any thing to the Kings use : and therefore Noncurrd.
Richard Waldron CP Con.
Then the house adjourned to Sathurday y*^ 13^'' am.
Sathurday Jan"" the 13*'' 1727-8 the house met according to adjournment all psent as Entred for the Day.
The assembly was adjourned by order of the Liv* Gov'' to the 23^^ Ins*.
[p. 117.] Tuesday Jiinuary 23'^ 1727-8. The house met according to adjournment all present as
Entered for the Day.
M^ Speaker Weare Sam" Thing Esq''
Benj'^ Gam]>ling Esq-" M'' Bart Thing
Ca])t Geo Walker W Theo : Atldnson
]\I'' Ep Dcnnit M' Richard Jcnnes
Cap* Paul Gerrish M'' Eben Stephens
Sam^^ Til)bets andrew Wiggans Esq''
Cap* Joshua Wingate Cap*^ John Knight
M"" John Sanljurn James Mackeen Esq""
Paul Gerrish appeard and was Qualified for a Member &
took his place
Then the house adjourned to Wednesday Jan'' the 21tli 1727-8 am.
Wednesday Jan'' the 21'^ 1727 am the house met accord- ing to adjournment all psent as Entred for the day
A Mess'' from the Board that his hon"" & the Board was Ready for a Conference about the Dispute of the Court of appeals
The house went up and had a Conference and then Re- turn'd : and then adjournd for two hours p M
Wednesday Jan'^ 21"' 1727-8 p m the house met according to adjournment all psent as Entred for the Day
The house adjourn' d to thursday the 25"' : am 31
482 PROVINCE OF NEW-HAMPSHIRE. [1728.
Thursday Jau' the 26*^ 1727-8 am the met according to adjournment all psent as Entred for the Day
[p. 118.] In Council Jan-^ the 25«^ 1727-8
Whereas the arrival of his Excellencie Governor Burnet is dayley Expected at Boston &q
Voted, That a Comitte of both houses he appointed to attend on his hon"" the Liv* Gov'' to Boston to Congratulate his Excellencies arrival there in the Name of this Govern- ment &c and that the Said Comitte Make Suitable Provision for his Excellencies Reception when he Comes into this Province and that the Treasurer Defray the Charge thereof
Ptichard Waldron CI"" Con
Jn' the 2G*'' : in the house of Representatives Read & nonconcurr'd Jas Jefi'ry CI'' ass"^
Then the house adjournd for two hours p m
Thursday Jan' 25"' 1727-8 p m the house met all psent as Entred for the day Eod™ Die In the house of Representatives
Voted, That there be Signed off the Sume of Seven C pounds by the Comitte that is appointed for Signing the Bills of Credit Last printed : and put into the Treasury for the payment of what Debts arc Now allowed or Due from the Province : and that his hon'' the Liv* Governor be Desired to Issue his warrants for payment of the same to those psons where it is Due James Jeffry CI"" ass™
27*" Die a mess^ from the Board pr m'' CV Waldron y* y® above vote was Concurrd
Then the house adjournd to Fryday am
Fryday Jan' 26^'' 1727-8 am the house met according to adjournment all psent as Entred for the Day. Eod"' Die In the house of Representatives
Voted — That two of the members of this house be a Com- ittee to goe to Boston to Congratulate his [p. 119.] Excel- lencie Gov'' Burnet as Soone as he Comes to Boston in the Name of this house and if the hon'''"' board Se Cause to Send two from the Board that the Charges of the Said four psons be paid out of the Publick Treasury.
Then the house adjourned r. M.
James Jeffry CP ass'"
172S.] JOURNAL OF THE HOUSE. 483
Frydaj Jan' 26 p. m. the house met according to adjourn- ment all psent as Entred for tlie Day.
A Petition of the Inhabitants of Londonderry was Read & Ordered thereon that the Petitioners kServe the opposite parties with a Copy thereof: and that Each party attend on the Second Day of the Sitting of the Gen' assembly in the Spring Sessions to be beared on the pmises.
' James Jeffry CP ass'^
Eod™ Die. A Mess^ pr m' CP Waldron y* y'' above vote was concurr'd.
The New vote for Repealing the Riotous act (as on file) was Sent up.
In the house of Representatives
Voted : That Cap* George Walker & nP Ephraim Dennit be a Comittee of this house to Joyn with a Comittee of the upper house to Provide a house for the Entertainment ol his Excellencie Gov' Burnet against his arrivall and that when he Shall give Notice (or it be Known) when he Intends to Come into this Province. That the Said Comittee Make Suitable Provision & Entertainment for his Reception here and that the Treasurer Supply Said Comittee with Money for the End above Saide.
James Jeffry CP ass'"
Jan-- 27'" a Mess=* pr m' CP Waldron that the above vote was Concurrd and R Wibird <fc H Sher- burn Es(p* were appointed at the Board for that End.
the vote for y*" Comittee to Waite on the GovonP as above Came Down Noncurrd and another Sent Down which was Noncurrd in the house and voted that the house adlierd to their former vote : and voted that nP Speaker Weare and Benj^ Gambling Esq"" be a Comittee from this house to Waite upon his Excellencie Gov'' Burnet at Boston &
James Jeffry CP ass"" the Bill for Repealing the Riotous act was Read three times and past to l)e Enacted & Sent up. [p. 120.] In the house of Representatives
Voted— That Whereas there was 5384 11) Bills of Credit of this Province put into the hands of Sundry psons for y" Exchanging the old figured Bills of Credit on this Province and there being More than what is Sufficient to Exchange w* is out of S^' old money voted That the psons in whose hands the Said Bills or any part thereof are be Directed to
484 PROVINCE OP NEW-HAMPSHIRE. [1728.
Bring the Same into tlie Gen" assembly on the third Day of the Spring Sessions in May with thcire ace* of what they have Exchanged and that the Severall psons be served w'^ a Coppy of this vote.
James Jeffry CI"" ass™
a Mess^ from the Board pr m'" CF Waldron y* y'' above vote was concurr'd and that the Kiotons act had the first Read" & Shoukl have a Second tomorrow.
Then the house adjourn'd to Sathurday the 27"' 1727-8.
Sathurday Jan"" the 27"' 1727-8 am the house met accord- ing to adjournment all psent as Entred for the day.
A Mess'^ Was Sent up that it is the mind of the house that m*' agent Newman May proceed on y" former Instructions and with the Money he has got for the Setling the lines [See Journal of General Assembly, p. 281.] Then his hon' the Liv* Gov' prorogued the ass"' to y^ 2" Tuesday in May next.
Dissolved by Proclamation.
[p. 121] Aprill 9t" 1728.
The Liv' Governor By his writ Called a Generall ass'" which met this Day accordingly the members Returned are for
Portsmouth Cap' Josliua Pierce . Cap' George Walker m'' Eaphr Dcnnit Dover Paul Gerrish Esq''
Cap' Sam" Tibl)ets Cap' Francis Mathes Hampton Nathaniel W^eare Esq^ Cap'^ Joshua Wingate m'' John Sandburn Exeter Sam" Thing Esq''
nV Bart Thing New Castle Theo atkinson
nV Richard Jennes Kingston Ebenezer Stephens Stretham Andrew Wiggins Esq''
Newington John Downing Londonderry Ja"" ^Mackeen Esq''
1728.] JOURNAL OF THE HOUSE. 485
and being all met as Entered : Geo Jaffrcy : J Odiorne & Henry Sherburne Escf^ were Sent Down with the Clerk of the Coiincill to adm"" the Oaths : which the Members Took : and then they return'd and a Mess'' Came Down for the house to proceed to the Choice of a Speaker : then the house proceeded to the Choice of a Speaker and Nathaniel Weare Estf was Chosen Speaker by a Majority of votes — which was Sent up in Writing. James Jeffry CV ass™
Eod'" Die the Same Came Down underwrit I Disallow of the above Choice : and Direct the house to proceed to another Choice J Wentworth
Eod"' Die upon which Xegativeing the Speaker the house Resolved on the following Mess'' viz, That a Mess^ go up from this house to his lion' in answer to his Negativeing the Speaker [p. 122.] Chosen by this house Setting forth that in as much as that Matter is Entirely New there Never have- ing any president of that Nature in this Province and as this house Avould not be tho^ to Endeavor any Infringm^ on the Royall Prerogative : So they would be Careful of y'' Privelege of the house in that affaire : Therefore to pray his hon"^ would be pleased to Inform the house whether the Gov'' Co- mission or Instruct particularly mention the power of Nega- tiveing a Speaker of y*^ house : i\v Theo Atkinson : Cap* Paul Gerrish m"" John Sandburn & m'' Ephraim Dennit went up with the above Mess-''
who returned for answer that the Governors Comiss'' was Shewn and a paragraph Read which the Gov"^ Supposed Im- plied Such authority therein
Eod™ Die a Nother Mess^ Sent up Desireing that para- graph in the Gov"" Comiss" Relating to the Negativeing a Speaker Might be Read in the house
Eod™ Die Geo Jaffrey Came Down and Read a Para- graph in the Comiss" viz. and Wee do by these presents for us our heirs and Successors &c That in framing and passing of all Such orders Laws Statutes & ordinances whatsoever to be passed in our Gen' ass™ you the Said S S Shall have a Negative voice
Then the Liv* Gov"^ adjourned the assembly to W^edncsday the 10^" am
486 PROVINCE OF NEW-HAMPSHIRE. [1728.
Wednesday aprill 10"^ am The house met accordhig to ad- journment all psent as Entred for the Day & m'' Speaker Weave
A Written Mess^ Sent up & Returned againe
Then the house adjourned for two hours p. m.
The house met according to adjournment and thcn4id- journed to thursday the 11"' am
[p. 123.] Thursday aprill 11 1728 am
The house met according to adjournment all psent as En- tred and m"" Speaker Weare
In the house of Representatives
3Iay it please your lion^r
Witli the Greatest Defference to your hon''^ Comiss" & utter ahhor- ence-of Every thing that looks like the Least Infringra' on the Power therein Granted Wee humbly take leave to Remonstrate : that wee have Maturely Considered your hon''* Disallowance of our Choice of a Speaker : and those Clauses in the Governors Comission which have been offered to Support the Same : and that the Negative voice to be Enjoyed by y*^ Coniander in Chief : by virtue thereof Cannot in our humble oppinion by any Rational Construction Extend your hon" power : to the Negativeing Such orders & Rules of this house as only Concern the Settlement & Regulating tliei-eof as in this Case for that the Negativeing Power Relates Wholly to Laws Statutes and Ordin- ances to be passed by the Gov"" Councill & assembly & no other : as AVill most obviously appeare by Comparing one part of the Comission with the other : and besides wee have it from the fiimous Bishop Bur- net in the history of his own times that it was a Settled Point in the house of Comons in the Dayes of King Ch"^ the Second: that the house had an undoubted Right of Chuseing their Speaker : and that the pre- senting him to the King was only Matter of Course and not for appro- bation : which Settlem' M'e Cannot Learn has Ever been Questioned by any King or Queen of Great Britt" Since : Wherefore upon the whole wee do humbly Insist upon and adhere to our Choice & Earnestly pray that we may have y"" hon''"* favor in proceeding to the other business of the Sessions James Jeffry CI'' ass™
the above Sent up and returned againe w"' a Mess" that the Gov'" Could not alter w* was Don
the house adjourned for two hours p. m. [p. 124.] the house met according to adjournment and was adjourned by the Liv^ Gov"" to fryday y" 12"' am
Fryday aprill 12*'' 1728 am the house met according to adjournment all psent as Entred & m"" Speaker Weare The house adjourned for two hours p. m.
1728.]
JOURNAL OF THE HOUSE. 487
Frjday p. m. the house met according to adjournment A Mess^ Came Down that the assembly was Prorogued to Sathurday aprill lo^"^ 1728 am
Sathurday aprill the 13"^ 1728 am
The house met according to prorogation all psent as En- tered and m"" Speaker Weare
A Mcss^ pr the Clerk of the Councill
That the assembly Was prorogued to Wednesday the Next a three a Clock.
[p. 125.] Wednesday aprill 17*" 1728 the house met accord- ing to Prorogation all psent as Entrcd for the Day
M' Speaker Weare Samuel Thing Esq''
Cap* eloshua Pierce m'' Bar^ Thing
Cap* Geo Walker m' Theo Atkinson
m'' Ep Dennit m"" Richard Jennes
Cap* Paul Gerrish m"" Eben'" Stephens
Cap' Sam'^ Tibbets Andrew Wiggans Escf
Cap' Francis Mathes Cap' John Downing
Cap' Joshua Wingate James Mackeen Esq''
m'^ John Sandburn The Governor adjournd the assemljly to thursday y'^ 18'" am
Thursday aprill IS*'' : 1728 am the house met according to adjournment all psent as Entred for the Day and adjournd for two hours p m
Thursday aprill 18'" p m the house met according to ad- journm* all psent as Entrcd for the Day and then the follow- ing Resolve of the house was Drawn up
Whereas this house on the Ninth Instant met according to the Liv* Gov' Writ (as Comandcr in Chief) for the Calling a New assembly, Did Then proceed to the Choice of theire Speaker, Which was Nathaniel Weare Esq'', Who upon pre- senting was Disallowed by his hon"" the Liv' Gov"" which this house Esteems an Infringm' of a Prevelidge they have always Injoycd — this house have [p. 126] Insisted and Still Do Insist upon it as their undoubted Right to Chusc theire Speaker & that the Confirmation thereof is only of Course : and after Sevcrall adjournments and two Prorogations :
488 PROVINCE OF NEW-HAMPSHIRE. [1728.
having met this Day : they unanimously Resolve they being Most of them of the Late assembly : Whereof the Said Nathaniel Wearc Esrf was Speaker : that they must Justify him in the PrQccedings of the Last assembly : & that he acted up rightly : l>oth as to his Most Gratious Maj'^''', & for the good of his Country : and have Nothing to Tax him with or Lay to his Charge and think him Still a proper pson for theire Speaker
But the Said Nathanicll Weare Escf for Sundry Consider- ations him thereunto Moveing : Desiers this house : That he May be Released from the Burthen of the Chaire that is Incumbent on a Speaker : and That they will proceed to the Choice of a New Speaker, Resolved in the house that this house thanks the Said Nathaniel Weare Esq' for his good Service in the house and then proceeded to the Choice of a New Speaker : and accordingly andrew Wiggans Estf was Chosen Speaker
Which Choice was Sent up and approved off and then a Mess^ Came Down pr m"^ CP Waldron tliat it was his hon"^* pleasure that the house attend him at the Board the liouse went up accordingly and his lion' Made a Speech to them : of which m^" Speaker prayd a Co])y and then returned
and Proceeded to the Choice of a Clerk and James Jeffry was Chosen Clerk of the house and Sworn as under
you James JelTry are Chosen Clerk of this house you Do Swearc that you will Enter all votes and orders thereof and in all things Relating y° office you will act faithfully & Im- partially
the Gov' Speech was Sent Down and read
[See Journal of Assembly, p. 286.] [p. 127.] Aprill the 18"> 1728
In the house of Representatives Yotcd, That Nathaniel Weare Esq' & Cap^ Joshua Pierce be a Comittee of this house to Draw up an answer to the Gov'* Speech & bring into the house for approbation
James Jeffry CI' ass"" Then the house adjourned to fry day 8 Clock am
Fryday aprill the 19"^ 1728 am the house met according to adjournment all psent as Entred for the day
Then the Rules of the liouse was Read being ten in the old and voted to be the Rules of this house
1728.]
JOURNAL OF THE HOUSE. 489
and Voted That Every Bill to be passed in this house be Read three times : and that there be two adjournments of this house before any J3ill pass : and that Every Member Keep his place in the house and Not to Speak out of it
James Jeffry Ci"- Ass"^ Eod™ Pie.
In the house of Representatves
a Bill was Bro* in and Read for the Calling a New assem- bly Every three years
and, a Bill for the assize of Shingles w^as Read Eod™ Die In the house of Representatives
a Bill for Repealing the act that Prohibited Trade w"' the Indians
Then the house adjourned for h an hour p m
May the 19*'*, 1728 p m the house met according to ad- journ m*
The affore Said acts : for the triennial ass™ the assize of Shingles and for Repealing the Prohiluting the Indian Trade & the Riotous act was Read the 2'' Time Eod"^ Pie. In the house of Representatives
Voted m"" Weare : atkinson & Pierce & Wiggans be a Comittee to Draw up Some Scheam for altering : or addi- tionall Regulating the Court of appeals before the Governor & Councill & present it to the house for approbation
James Jeffry CV ass'" Then the house adjourned for two hours p m [p. 128.] aprill the 19"^ 1728 p m
The house met according to adjournment all psent as En- tred the affore Said three act was Read three times Each and Sent up and a Mess^ Came Down that they were all Concurr'd
Then the house adjournd to Sathurday y*" 20*'' am
Sathurday aprill the 20"' am the house met according to adjournment all psent as Entred for the Day Eod"^ Die In the house of Representatives
Voted, That Cap* Geo Walker & m"" Ea Dennit be a Co- mittee of this house to Joyn with a Comittee of the upper house to Provide for the Entertainment of his Excellencie Gov"" Burnet against his arrivall and that when he Shall give Notice (or it be known) when he Intends to Come into this Province y* the Said Comittee Make Suitable Provision &
490 PROVIXCE OP NEW-HAMPSHIRE. [172a.
Entertainment for liis Reception here : and that the Treas- urer Supply S'' Comittee with money for that end
James Jeffry C? ass™
a vote past for the Raising 30000 pounds as the 15000 was in the yeare 1719
Then his hon'^ adjournd the assembly to Wednesday Next
Wednesday aprill 21^^ 1728 the house met according to adjournm^ psent
m"" ;>peaker Wiggans m' John Sanburn
Cap* J. Pierce Sam'' Thing Esq
Cap* Geo Wallver m-" Bar* Thing
m'' E. Dennit m"" Theo Atkinson
Cap* P. Gerrish m'' Rich'^ Jennes
Sa Tibbets m"" Eben Stephens
Era Mathes Cap* J Downing
Natt Weare Esq"^ James Mackeen Esq''
Caj)* J Wingate
[p. 129.] The house adjournd to Proclaim the Liv* Govern- ors New Comisssions
Wednesday p m — the house met according to adjournm* and adjournd to Thursday the 25*'' 1728 am
Thursday the 25*'^ 1728 am the house met according to adjournm* all psent as Entred for the Pay Eod™ Die. a Mess'' pr nf Geo Jaifrey with a letter from m'^ agent Newman and also the Liv* Gov"" Comiss"
Then the house adjournd for two hours p m
Thursday p m the house met according to adjournment the answer to the Gov'® Speech was Voted & Sent up Then the house adjournd to fry day the 2G : am
Fryday aprill 26*'' 1728 am the house met according to adjournment all psent as entered
a vote past for Suspension of that part of the Powder act Relating to Coasting Sloops Sent up & Concurred w"'
a vote Sent up for Revising the Laws
1728.]
JOURNAL OF THE HOUSE. 491
a vote : for the payment of 16 lb to Benj*^ Rust in stead of that y' was allowed him the 13'" 9' 1727 Then the house adjournd for 2 hours p : M
Fryday p : m the house met according to adjournment a vote Sent Down from the Board for Revising the Laws Then the house adjournd to Sathurday y"" 27^'' : a m
Sathurday aprill 27"' : 1728 am the house met according to adjournment all psent as Entrcd for the Day Eod™ Die. In the house of Representatives
Voted That this house Desiers his hon'' the Liv* Gov- ornor to give his orders (according to the Vote of the assem- bly of apr 26'^') to the receiver of the powder money : that he forbear to receive from any Sloops any powder money by Virtue of the act for payment thereof
James Jaffry CI' ass™
the vote Emitting 3 M pounds Sent up : & In Councill Suspended to the next Sessions : and Concur'd in the house [p. 130.] Voted that there be Signed off the Sume of Six hundred pounds by the Comitte that is appointed for Signing the Bills of Credit Last printed & put into the Treasury for the payment of what Debts are now Due from the Province and wiiat P]ls is and may Ije allowed by the Gen'^ ass™ Now : and his hon'' be Desierd to Issue out his warrants accord- ingly James Jeffry CI' ass™
A Mess* y* y'' above was Concurred
Whereas his hon' the Liv^ Gov' has had the whole Gov'm' Still Continued upon him as Comander in Chief
Voted, That he be presented and paid out of y" publick Treasury the Sume of one hundred pounds for halfe yeare in 1727 James Jeffry CI' ass™.
a vote Came Down from the Board for two or more mem- bers of Each house to go to Boston & noncur'd In the house of Representatives
Voted, That m' Speaker Wiggans & m' Theo atkinson be a Comittee of this house to Joyn with as Many of the upper house to goe with his hon' the Liv' Gov' to Boston to Con- gratulate his Excellency Gov' Burnet in Behalf of Ibis Gov- ern!* upon his arrivall there : and that the Expenses be paid out of the Publick Treasury J a* Jeffry CI' ass*"
492 PROVINCE OF NEW-HAMPSHIRE. [1728.
a Mess^ y* y^ above was concur'd : and that liis hon'' Di- rected the house to attend him at the Board and then the three former Bills was Enacted
and Then the Governor Prorogued the assembly to the 14"' of May Next
[p. 131.] Tuesday May 14'^ 1728
The house met according to Prorogation all psent as En- tred for the Day
m'' Speaker Wiggans m' John Sanburn
Ca})* J Pierce Sam" Thing Esq'
Cap' Geo Walker nV Bart Thing
m' Ep Dennit Theo : atkinson Esq""
Cap* Paul Gerrish nf Richard Jennes
Cap* Sam Tibbets nV Eben Stephens
Cap' Francis Mathes Cap* John Downing
Nathan" Weare Esq'' James Mackeen Esq""
Cap* J. Wingate
The house adjourned for two hours p m
Tuesday p m : the house met according to adjournment
A Mess'*^ from the Board pr m' CI' Waldron that his hon"^ Required the house to attend him at the Board
and the house went up and the Governor made a Speech of which the Speaker pray'd a Copy and then Returned
Eod'" Die. Tlie Speech was Sent Down pr m'' Sherburn & Read
[See Journal of Assembly, p. 295.]
Eod™ Die. the list of the Towns for a New Proportion the house adjourned to Wednesday May 15*'' 1728.
Wednesday May the 15*" : 1728 am the house met accord- ing to adjournment all psent as Entred for the Day
Eod"' Die In the liouse
Voted, That Cap* Joshua Wingate & Cap* Tililicts be a Comittce of this house to answer the Liv* Gov'' Speech
Ja^ Jeffry C ass"*
Then the house adjournd for two hours p. M. [p. 132.] Wednesday May IS*** 1728 p. m.
The house met according to adjournment all psent as En tred
1728.] JOURNAL OF THE HOUSE. 493
Eod™ Die In the house of Representatives
Given an order on m"" Treasurer for payment of Seven
Shillings for Carrying letters to Coll Weare & maj' Gillman
(£ — : 7 : — ) pr order of the house
Then the house adjourn'd to Thursday the 16"' am
Thursday May the 16 am the house met according to ad- journm' all psent as Entred for the day
Eod"' Die. In the house of Representatives
according to the Desicr of Geo Jatfrey Esq"' the house orders Cap* George Walker & Cap' Wingate to goe to m'^ Jaffreys and tell over what money he has to be Burnt this Sessions & Bring the Same to the assembly
James Jeffry CI"' ass™
Eod"^ Die In the house of Representatives
Ordered That those Gen' That were the Signers of the five thousand three hundred Eighty foure pounds for Ex- changing the old Cyph'' Bills Do Bring in their Receipts or accompts tomorrow of w* they Delivered Each of the Trustees for the exchanging the S'' Bills that they may be accomptcd Avith James Jeffry CI'' ass"^
Eod'" Die a Mess^ from the Board that the above voat was concur'd
Then the house adjourned for two hours p. m.
Eod'" Die There was Bro* into the assembly of the old Cypher'd Bills and Burnt
By Geo. Jaflfrey Escf the Sume of £155 : 3 : 6
By Rich'> Wibird Esq-- Do £ 75 : 18 :
£231 : 1 : 6 Bro' in pr Cap' Wingate & \Valker Eod"^ Die In the house of Representatives Voted, That Samuell thing Esq Cap* Joshua Pierce & nV Theodore atkinson be a Comittec of this house to Joyn with a Comittee of the upper house to Examine the Treasurers accompts & any other accompts Now to Ije Bro' in <S: make return to the ass™, the aljove Concurd & ap'' above R Wil>ird & J Frost Esq''^
J Jeffry CY ass'" Then the house adjourned to Fryday the 17"' am
494 PROVINCE OF NEW-HAMPSHIRE. [1728.
[p. 133.] Fryday May IT"' 1728 a m The house met accord- ing to adjouramcnt all pseiit as Entred for the Day
Cap' Joshua Pierce Bro' in an ace*, as one of the Signers of the 538i lb for Exchanging the old Cypher'd Bills: of how Much was De- livered Each of the Trustees had viz
Coll Mark Ilunking £897: 6: 8
CollWeare £897:6:8
CollJohn Plaisted £897:6:8
Richard Wibird £903:4:4
GeoJaffrey £891:9:
Maj"" Gillman £897:6:8
£5384:00:0
The answer to the Liv* Gov''^ Speech was Sent up Then the house adjourned for two hours p: m:
[See Journal of Assembly, p. 296.]
Fryday y'' 17"' May p m the house met according to ad- journment : There was Bro* into the assembly of the old Cypher'd Bills and Burnt from
CollHmiking £31:17:6
CollWeare £94:16:
Majf Gillman £40:11:6
John Plaisted £23:08:
This istheKighf) 190: 13: entry & Discliaiged \- 001 . 1 . « Mav23cllV2S ) -oi. J. . O
May 23cl 1V2S
£421: 14: 0
a vote Sent up appointing a Comittee to receive the money of the Trustees But was Return'd
Then the house adjourn'd to Sathurday y'^ 18"' May am
Sathurday May 18"' 1728 am : The liouse met according to adjournment all psent as Entred for the day Eod'" Die In the house of Representatives Voted, That m"" Joshua Pierce & uV Ephraim Dennit be a Comittee of this house to Joyn with a Comittee of the upper house to Receive from the Severall Trustees for the Exch'' the old Cypherd Bills the Severall Sums that rcmaine in their hands on the Second Thursday in July Next at the Court house in Portsmouth, and [p. 134.] the Said Trustees are hereby ordered to Bring in the Same att the day ap-
1728.] JOURNAL OF THE HOUSE. 495
pointed in this Province money and in Case any of the said Trustees Neglect & refuse to Bring in Said Money according- ly That then the Sd Comittee are hereby authorized and Impowered by themselves or their Lawful! attorney, whome they are hereby alsoe Impowered to Authorize and Appoint: to Demand Levy Require & Recover by Due Course of Law the Sevcrall Sums Due from Each of the Said Trustees' for the use of the Province and when So recovered & received to Keep the Same Safely and bring it into the Gen" assem- bly at their Next Sitting after Such recovery or Receipt
James Jefifry CY ass™
the above vote Bro* Down with a Message tliat three Trustees of the Councill are Ready to accompt & pay presently
Londonder Petition an order on it to appear next Sent up Then the Liv*^ Gov' adjourned to Wednesday next at 10 a Clock
Wednesday May the 22'' 1728 : The house met according to adjourn* psent
M' Speaker Wigans M"" John Sandburn
Cap* Jo Pierce Sam'^ Thing Escf
Geo Walker m' Bart Thing
m'' Ea Dennit Theo Atkinson
Cap* Paul Gerrish Rich'' Jennes
Sam' Tilibets Eben Steph
Francis Mathes Cap* John Downing
Natt Weare Escf James Mackeen Esq""
Cap* Joshua Wingate
Then the house adjourned to Thursday May 23'' 1728 am
[p. 135.] Thursday May the 23'' 1728 am the house met according to adjournment all psent as Entred for the Day In the house of Representatives upon Complaint of ^r Sherif Atkinson that the Prison of this Province want Sum Repairs, Especially in the Iron Barrs & AVindows therefor Voted That Cap* Joshua Win- gate and m' Eaphraim Dennit be a Comitte of this house to Joyne with a Comittee of the upper house to view the Same and any other Defects that may be found wanting to be
496 PROVINCE OF NEW-HAMPSHIRE. [1728.
repair'd & to make return thereof in order to its being re- paired Ja^ Jeffry CI' assm
Eod"^ Die. A j\Iess* from the Board that the above vote was Concurd and that Coll Walton &, Col Hunking was ap- pointed at the Board to Joyn with the above Com for that End a voat on file for Emitting 30001b Loan Money. There was alowed m''^ Eliz^ Cross £16 : 17 : 8 for Proclaiming the King.
Then the house adjourned for two hours p m
Thursday May 23'^ 1728 p m The house met according to adjournment all pscnt as in the Morning. Eod™ Die In the house of Representatives
There was Bro* into the assembly this Sessions and Burnt of the old Cyphcrd Bills the Sume of X421 : 14 : 6 By the psons as Entred before.
Eod"^ Die — Voted that the Trustees be hereby Discharged of the Severall Sums Bro' in By them which vote was Sent up & Concurred.
Eod"* Die In the house of Representatives Voted— That Cap* Joshua Wingate m'^ Ea Dcnnit & m' Barth Thing be a Comittee of this house to Joyne with a Comittee of the upper house to go to m^ Treasurer Jaifry to morrow Morning and tell over the Tax Money in his hands and re- ceive y*^ Same & Bring it into the Gen" asseml)ly to be Burnt & y" Receii)t of the Said Comittee Shall be Said Treasurers Discharge for what they rec'^joynd above R W Hen Sherburn & J Odiorn.
James Jaffry CI"" ass"^
The house adjourned to Fryday May 24 am
[p. 136.] Fryday May 24"^ 1728 am.
The house met according to adjournment all psent as En- tred for the Day
the house adjourned for 2 hours p m
Fryady May 24 p m the house met according to adjourn'
Whereas the Sundry Towns in the Province that Bro* in their accompts of Land have vallued their Some at one valine and Some at another Rate Yerry un Equally Therefore Voted That for making a more Equall Proportion That the lands
17-28.] JOURNAL OF THE HOUSE. 497
and meadows in each Town be vallued pr acre as bore under
VIZ
Dover
Exeter Hampton
Rye ^
\6i
y at Gs pr acre Newcastle >6s pr acre ^^tretham Portsmouth J
Grcenhmd J Londonderry & Kingston @ 5.s pr acre Sent up and Concurred
upon Motion of m"" Akerman for Sum further Considera- tion for his attendance for the yeare 1727 Ending aprill 1728 In the house of Representatives Voted — That there be allowed and paid out of the Puldick Treasury the Sume of three pounds for his Exterordinary attendance for the yeare 1727 Ending as above
James Jeffry CI'' ass™ The Londonderry Petition was Read and a vote on it that y'^ Peoples agreement according to the vote of Councill Sent Down to be allowed Then the house adjourned to Sathurday the 25"*
Sathurday May 25^'* 1728 am
The house met according to adjournment all psent as En- tred for the Day
A^otcd that all Negroe Indian and Mulatto Slaves be val- lued at 201b pr head. J Jeffrey GV ass™ [p. 137.] The 24"' 1728 There was Bro* into the assembly tor the Tax for the yeare 1727 by the Comittee that went to tell over the Same and receive it from the Treasurer the Sume of Nine hundred Ninety pounds and Burnt in the assembly onely one hundred pounds thereof that was New Money was put againe in the Treasurys hands to Exchange for Broken Bills and then them to be burnt for which the Treasurer gave his leceipt to do May the 25*" : 1728
Wee whose Names are hereunto Subscriber! being appointed a Comit- tee to View the Defects of the Prison & to make Return thereof to the assembly: accordingly wee have viewed the Prison & Do Report That it is Necessary to have the Windows in the Chambers Secured with Iron Barrs as the Windows in the Lower Rooms are & likewise to have foure good Substantial padlocks purchased alsoe to have the other locks Mended & New Keys made if worth Mending which when taken off May be S^en & if not worth fitting up then to have New ones pur- chased and alsoe to have those places where attempts to Cutt Thro the wood have been made : mended ik Secured with Iron Plates
Mark Hunking Sha Walton
Joshua Wingate Ea Denet
c>o
9
498 PROVINCE OF NEW-HAMPSHIRE. [1728.
Eod"^ Die In the house of Representatives
Voted that the above return be accepted & That the Sher- rif be forthwith Directed to get the above Mentioned pticu- lars don and That the Province pay for the Same
J Jeffry CP ass'".
Sent up Eod"^ Die a Mess* from the Board that the above vote was Concurred
Eod'" Die In the house voted : That there be a Man of this Prov Sent to y^ Court of Great Brittain or Some agent Impowered to Petition his Maj"^ y^ wee May be annexed to y*^ Government of y*' Mass'' & that y® Government of y^ Mass* be advised hereof & Desired to Joyn with this Government & to give their agent at home Instructions to forward the Same
J Jeffry CI-- ass"^
Sent up [p. 138.] Eod™ Die In the house of Representatives
Voted, That the Treasurers Receipt that he gave for the hundred pounds for Exchanging Brolvcn Bills and the re- ceipt the Comittee gave for the Tax money be put into nV Ephra Dennits hands for Safe Keeping
J Jeffry CV ass"'
Eod"^ Die In the house of Representatives
Voted, That m'" Bar*^ Thing Cap* Paul Gerrish Cap* Joshua Pierce m' Theo Atkinson & Natt Wcarc Esq'"*^ be a Comitte of this house to Joyn with a Comittee of the upper house to cast up and perfect the Proportion of the Severall Towns according to the Late act and the votes of the house Now Made and Sent up concerning the Same
J Jeffry CP ass™
a Petition of Benj^ Lampre Jun"' Chri'' Palmer & Stephen Batchelor was preferred By Cap* Wingatc Signed all by one hand and no Petitioners appeared was Read & Dismist for that Reason
a Mess'' from the Board that R Wibird Jo Odiorn Sh'' Walton Henry Sherburne & Geo Jaffreys Esq'' was appointed a Comittee to Joyn with the above Comittee for Proportion- ing the Towns according to the above Votes
Then the Govornur adjourned the assembly to Wednesday Next
172S.] JOURNAL OF THE HOUSE. 499
[p. 139.] Wednesday May the 29"> 1728 The house met according to adjournment all pscnt as Entred for the Day M'' .Speaker Wigans M'' John Sanburn
Cap* Joshua Pierce Sam Thing Esq*"
Geo Walker m-" Bart Thing
m"^ Ea Dennit Theo Atkinson Esif
Cap' Paul Gerrish ]\P Rich*^ Jennes
Sam' Tibbets Eb Stephens
Fr^ Mathes Cap* John Downing
Natha' Weare Esq"" James Mackeen Esq'
Cap* Joshua Wingate The house adjourned for two hours P M Wednesday May 29"': 1728 p m The house met accord- ing to adjournment all as Entred for the Day and ad- journed to Thursday the 30 am
Thursday May the 30 : am the house met according to ad- journment all psent as Entred for the Day Eod™ Die In the house of Representatives, Whereas the act for the Select Men of Each Town Parish and District of this Province to bring in a list of the Poles and Inventory of the Estates belonging to their Respective Towns & Districts : and Now there having arisen Many Dis- putes concerning the vallue of the Poles and the prizes of Estates Should be Set at : & for the Better Clearing up of that Difference & That Justice May be Don [p. 140.] Voted, That all poles be vallued at twenty five pounds Each Pole all Tillage Meadow & Marsh land at Six Shillings pr acre throughout the Province Except Kingstown & Londonderry which Shall bo vallued at five Shillings per acre : all oxen at three pounds Each ox or Cows two pounds pr Cow : horses at three pounds Each, Swine at ten Shillings Negro Indian & Mulatoe Slaves at twenty pounds Each : the women Slaves to be Excluded : houses at one pound five Shillings Each : and the Vallue of y'^ Trades of Portsmouth a thousand pounds Dover 200 lb, Exeter 200 II) hampton falls 40 lb New castle Stretham Newington 25 Each Hamp- ton 50 Kingstown 20 Derry 5 and that this Proportion Shall Stand but for three years and then a New Proportion to be Made & That there be a Comittee appointed to Draw up an
500 PROVINCE OP NEW-HAMPSHIRE. [1728.
act for a Rule for the Select Men to Make their Rates Ijy and that Loudondeny Land be accompted foure hundred acres : and tliat Ryes part be ten pounds & New Castle Island fifteen pounds to make New Castle 25 11j
J Jeffry C? ass"
|
Trade Portsmouth |
£1000 |
|
Dover |
£ 200 |
|
Exeter |
£ 200 |
|
Hampton |
£ 50 |
|
Falls |
£ 50 |
|
New Castle |
£ 25 |
|
Stretham |
£ 25 |
|
Newington |
£ 25 |
|
Kingstown |
£ 20 |
|
Londonderry |
£ 5 |
|
£1600 |
In Councill May 31-1728 Read and concurd w*" the fol- lowing addition Namely y' y*^ Proportion of the Severall Towns be Established according to the above Scheam for the present yeare and No longer Rich*^ Waldron CP Con
June 1 1728 In the house of Representatives voted the above Return be accepted and that an act [p. 141] be Drawn up accordingly
Thursday May the 30"^ 1728 p m : m'' Benj^ Gaml)ling allowance as Sherif for the
yeare 1727 .£15: — :
and for Return of Jurors for one yeare & halfe £ 9:12
'allowed £24:12 allowed m"^ Richard Waldron as Clerk of the Councill for the yeare 1727 the Sume of Seventy five pounds in full to be paid out of the Publick Treasury <£75
James Jeffry CI'' ass™
Then the house adjourned to Fryday the 31 am
Fryday the 31 am The house met according to adjourn™* all psent as Entred for the Day
allowed John Plaisted in full as a Comitte Man for Letting out the Carriages for the fort 20.s' <£1 :
allowed Benj'^ akerman for his Service for the
yeare 1727 the Sume of Ten pounds <£10 : — :
more allowed for his Exterordinary attendance X 3 : — :
1723.] JOURNAL OF THE HOUSE. 501
more Os for going to Newcastle with the Comittc 13 — G
allowed John New Marsh for repa' y*" fort Boat May 20^^ 1728
The vote for Proportioning the Towns Came Down from the Board Concur'd : and to Stand for one yeare k no longer : the Same Mess* that the above allowance was Concur'd above
Then the house adjourn'd for two hours p m Fryday May the 31 : p m The house met according to ad- journment all psent as Entred for the Day Eod'" Die : In the house of Representatives
Whereas BenJ''^ Lampree Christopher Palmer & Stephen Batchelor : Three men that there is Some Dispute about Between Hampton Town & the Town of Rye : where they Shall be Rated for Ending S'^ Dispute : Voted, That the Said three Men be Rated at Rye James Jeffry CI"" ass"'
Cap*^ Wingate & John Sandburn Enters their Dissent ag' the above vote Eod™ Die In the house of Repre
Voted That the Town of Gosper pay this yeare 1728, the Sume of Sixteen pounds for their Province Tax for every thousand pounds Raised in the Province : and So in Pro- portion in a Great"^ or lessor Sume : Concurrd above
J Jeffry 01'- ass™
Then the house adjourned to Sathurday June the first am 1728
[p. 142.] Sathurday June the first am 1728
The house met according to adjournment all psent as En- tred for the Day and Voted that the Post Master at Boston be allowed and paid out of the Publick Treasury for forward- ing Publick Letters £o : — : —
Eod™ Die
Allowed Eleazer Russell for his accompt to the 30"* of May
1728 £6 : 15 : 6
allowed Tim" Davis as a farther Satisfaction for his whale
Boat to Casco £1 :
allowed John Frost Esq for Repaireing the flagg & £(3 :
allowed John New Marsh for Mending the Fort Boat &
Iron Work £5:14:3
a vote Bro* in pr Cap* Henry Sherburns Supplying Holland
Shirts to two Indians by the Gov'' order which was Disal-
502 - PROVINCE OF NEW-HAMPSHIRE. [1728.
lowed in the house & Sent up and Bro* Down againe & the house adher'd to their former vote & Sent up againe
a Mess^ that the votes above for allowances was concurd The Bonds for the 1730 lb was put into m"" Ea Dennits hands for Safe Keeping
The act for Proportioning the Towns Read Three times & past to be Enacted
J Jeffiy Cl^ ass*" Sent up and Concur'd Eod'" Die. In the house of Rep^'sen
Voted That the Treasurers accompts be accepted & allowed all Excepted the Expences in Proclaiming the Liv' Gov""^ Comiss" & Proclaiming the Peace with the Indians
Concurd above J Jeffry CP ass"^
Eod™ Die. In the house Representatives
Voted, That there be Signed off and put into the Treas- ury the Sume of three hundred pounds for the payment of the Sundry Debts & Charges of the Province that is & may be allowed by the Gen" asV J. Jeffry CP ass™
Eod"i Die In the house of Rep''
Whereas his hon'' the Liv' Gov'' hath Still the Goverm* as Comander in Chief Still Contiimed upon him Voted That he be presented and paid out of the Excise the Sume of one hundred pounds and that he is Desierd to Issue out War- rants for the payment of the allowances New Made
James Jeffry CI ass"* [p. 143.] June the 1^' 1728 am
a vote came from the Board for Raising 5 M pounds after the Scheam Laid this Sessions Read & non concurd & voted that there 15 M lb made & Emitted on the Same Scheam Eod"" Die. In the house voted that the Representative for Londonderry be allowed & paid out of the Treasury two Dayes for Coming & two for Returning from the ass'"
A Mess"" from the Board pr J Odiorn Esq'' That his hon' Desierd the liouse Come up to the Board, and tlicy accord- ingly went up and after passing the act for the New Propor- tioning the Town the Gov'' Prorogued the assembly to the 2*' Tuesday in 9'' Next
2'' Tuesday in November 1728 appeared
j\P Speaker ^Viggans m'' Rich'' Jcnnes
1728.]
JOURNAL OF THE HOUSE.
503
LIST OF TAX PAYERS IN NEW CASTLE IN THE YEAR 1728.
[^Furnished by Rev. Lucius Alden of Abbott Samuel Jones Williaiu
Araazeeu Christopher Jordan Richard Ashley John Atkinson Theodore Kelly AYilliam
Batson John Bell Benjamin Bell Meshech Bell Thomas Bowdrey Edward Branscome William
Card John Card John 2'i Carder Samuel Chadwick James Chad wick James 2^ Clark Benjamin Clark John Clerk Samuel Clerk Widow Crasey AVidow Cradwick John Crusey John
Daiue Henry
Edgecome John EUice Widow Elword Thomas
Foss Zacheus Fowel Rickard Frederick Christopher Frost Carter Frost John Frost Samuel Frost WilUam
Granden Clement Grenough Daniel
Harvey Peter Hickey Samuel Hubbard John
Jackson Joseph Jackson Thomas Jolly Luke Jones Daniel Jones Jeremiah Jones Thomas
Leach Elijah Langdon William Langmaid Henry Langmaid Josejih Langmaid Samuel Lear John Lear Tobias Lear Tobias 2"* Leigh Thomas Long Pierse Lovell Elijah
INIace Andrew Mace Reuben Alace Reuben 2"* Maker William INIannery Thomas Marden Steven ]\Iarden William Alarten John Marten Edward Marshal Henry INIattleberry Enoch Matthews Francis Matthews Peter Matthews Samuel Mitchel David Morphej' John
Neale Richard
Odiorne John Odiorne John 2*1 Odiorne Jotham
Parker Benjamin Parker Thomas Perole William Perry Richard Philpot James Pryer John
Randell Edward Randell James Reed Hugh Reed Phillip
New Castle. '\ Salter John Scadgell Christopher Seiguiore George Shannon Morris Sheafe Sampson Shaw John O Sherburne John Sherriff Abraham Simjjson Joseph Showell Henry Skinner John Spalding James Stevens Thomas Stilsou James Sparling James
Tarlton Richard Towell Richard Tredwell Charles Treferine Henry Treferine Henry 2*^ Treferine James Treferine Foster Tuckerman John
Underwood Thadeus
Vennard John
Walford Jeremiah Walton Shadrack Welch George White Joshua White Nathan White Nathan 2<J Williams Daniel Williams Lazarus Wilson John Wilson William AVlnter Thomas
Yeaton Benjamin Yeaton John Yeaton Joseph Yeaton Richard
Hugh Reed ^ Joseph Jackson > "^jjipQ " Dan Grenough }
Anno Domini 1728
ADMINISTRATION
OP
GOVERNOR WILLIAM BURNET
1729.
Journal of the House from April 22'\ 1729, to Auaust 1, 1730.
NOTE BY THE EDITOR.
The " Journal of the House of Representatives," during the admin- istration of Gov. Bur.NET, and until the arrival of Gov. Joxathax Belcuer, is found in a bound MS volume, labeled "Journal of the House, 1724:-17i3." The portion of said Journal liere included, is con- tained between MS pages 14o-17-i. The Governor's Speeches referred to will be found in the ' ' Journal of the General Assembly, ' ' during the same period — in this printed volume. Pages in the margin cor- respond with the paging in the manuscript Journal.
[p. 143.] Tuesday aprill 22" 1729. The house met accord- ing to proclam"
By his Excellency W"" Burnet Esq'" (=) Bated the 4"^ 9-^ 1728, a copy whereof is on file Psent
(') Governor William Burnet was the oldest son of the celebrated Rev. Gilbert Burnet, Bishop of Sarum, Eng. He was born in 1688, and was named after William, the Prince of Orange, who stood his god- father. Previously to his coming to this country, he possessed a con- siderable fortune; but it had been wrecked in the South sea scheme or "bubble," which reduced many opulent families to indigence. In 1720 he was appointed Governor of New- York and New-Jersey, which office he held till 1728. Receiving the appointment of Governor of INIassa- chusetts and New-Hampshire, he reached Boston, July 13, 1728, and New-Hampshire, April — , 1729. His administration in both Provinces was attended with many difficulties, arising chiefly from his insisting on a fixed salary. Dr. Belknap says, " Mr. Burnet was a man of good understanding and polite literature; fond of books and of the conver- sation of literary men; but an enemy to ostentation and parade." He died suddenly, at Cambridge, Ms., Sept. 7, 1729. Ei>.
1729.] JOURNAL OF THE HOUSE. 505
Mr Speaker Wiggans Capt Joshua Wingate
Capt Joshua Pierce Mr John Sandburn
George Walker Samuell Thing Esq
Mr Ea Dennit Mr Bar* Thing
Capt Paull Gerrish Thco Atkinson Esq
Sam Tibbcts Mr Richard Jenncs
Francis Mathes Mr. Eben Stephens
Natt Weare Esqr Capt John Downing
James Mackeen Esq A Quorum of the house being met :
ordered that hvo of the members waite upon his Excel- lency the Govornor with a message to acquaint him that a Quorum of the house are now met and Ready to proceed to Buesness of the Sessions who returned they had Delivered the message [p. 144.] April the 22" 1729.
A mess'' from his Excellency the Govornor by IMr Clerk Waldron, viz, Mr Speaker his Exccllencie Directs the hon^^® house to attend him in the Councill Chamber
Mr Speaker and the house went up accordingly, and his Exccllencie made a Speech to the Court, of which Mr Speaker obtained a Coppy, and then with the house Returned. Eod™ Die. in the house of Representatives The Govornors speech was Read: and then the house ad- journed to Wednesday the 23"^ Inst. am.
[See Journal of General Assembly.]
Wednesday Aprill 23 am. 1729. The house met accord- ing to adjournment psent as Entred for the day In the house
Voted, That Samuel Thing, Nathaniell Weare Esq, & M"" Joshua Pierce be a comittee to answer the Govornors speech
Eod™ Die. A message from the Board By Geo: Jaffrey and Henry Sherburn Esqrs with the Govornors Instruction mentioned in his speech : a copy of which is Entred in the accompt Book
Then the house adjourned for two hours p. m. AVedncsday Aprill 23^ 1723. p. m.
The house met according to adjournment. Psent as Entred —
506 PROVINCE OP NEW-HAMPSHIRE. [1729.
Eod™ Die. In the house &c.
A vote past for Reviving the Excise.
Then the house adjourned to Thursday the 24"' a. m.
Thursday Aprill 24«' 1729, a. m.
The house met according to adjournment all psent as en- tred for the Day
Eod'" Die. In the house &g.
Voted — That Nathaniel Weare, Theo. Atkinson Esqs & Mr Bar* Thing be a Comittee of this house to Joyn with a comittce of the upper house to Examine the Treasurers ac- compts and any other that may be Bro* in for allowances, and make their Report to the Gen" assembly for approba- tion James Jeffry C. ass.
A mess'* y' R Wibird, H Sherburn, & Jo Odiorne Esqrs were apointcd above.
Then the house adjourned to Fryday y® 25*'' a. m.
[p. 145.] Fryday the 25"' 1729. a. m. The house met ac- cording to adjournment all pscnt as Entred for the day.
Eod"' Die. In the house &c.
A Petition of the Inhabitants of the north East end of Dover was Read : Wherein they pray to be set off a p'ish for the Bennefit of the ministry by meets and Bounds as in the Petition
Then the house adjourn'^ for 2 hours p. m.
Fryday Aprill 25*'* 1729. p. M. The house met according to adjournment all present as Entred Eod"' Die. In the house <tc
A vote past for Prolonging the 15000 lb.
And then his Excellencie at the Request of tlie house ad- journed the assembly to Tuesday Aprill 29*" 1729.
Tuesday Aprill 29, 1729. The house met according to adjournment. All psent as Entred.
[p. 146.] Allowances made att Aprill Sessions 1729.
]S[° 1. To John Robinson for Fort AV" & Mary in full. £56 : 3 : 6
his whole sume 99 : 1 : 6 N" 2. Thomas Packer for fire Candles & Wood £5:6
& to be Deducted from the agreem' for house Rent &c. £5:0:6
|
£9 |
12 |
1 |
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£ |
10 |
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£10 |
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£17: |
13 |
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£10 |
4 |
6 |
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£2 |
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£6 |
13 |
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£3 |
18 |
2 |
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£1 |
7 |
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£6 |
1 |
4 |
1729.] JOURNAL OF THE HOUSE. 507
N» 3. John Sherburn for work Don at Fort W™ & Mary £27 : : N*^ 4. John Trundy for Dieting Robinson & son working
at y'' fort £2:8:
5. Joshua "Wingate for entertain of y*' Gov'' ^' Gen^ first
Com G. Stephen Greenleafe for Tobacco for the Indians
7. Benj"^ Akarman for Dore Keeper for the yeare 1728
8. Richard Perry for Iron Work for the fort in full
9. John Curbeson for fetching the Timber for the Fort W" & ]\Iary deducting his night work & 3 lb. p'^ by y"^ Treasurer, now in full
10. AValter Warren work Don for the Prison 1727
11. Walter Warren D« for B" 1728
12. Sam" White work don for the Prison
13. Thomas Ilamet for the fort Boat. 1727 & 1728
14. An accompt Clem' Hughes abatem' of Excise 1727
£133:18:1 We whose names are under written being appointed a comittee of audit by the Gen" ass"' for the Province affore said to audit the accounts of the Province to be Bro' in this sessions have rec*^ & exam'* the within mentioned ace'"* and Do Report as on the other side & submitt the same to the Gen" Ass™ for their approbation may 9"^ 1729.
Rich'^ Wibird Henry Sherburn Natt Weare Theo Atkinson Esq
Bar' Thing.
May the 13*'' 1729, a. m. In the house of Representatives the al>ove return was Read and voted thereupon that it be accepted and that the severall sums as carryed off: and that his Excell. be Desierd to Issue out Warrants for ye paym* accordingly James Jeffry cl' ass""
May the 9* allowed James Jeffry as clerk of the ass"' from 19"' of 9'"
1727 to the 19'" 9'- 1728 £15: :
Eod'" Die. D° Theo Atkinson as Sherrif for 1 year & ^
ending may 8'" 1729 £18:15:
D" to D" for Returning Jurors to the same time £9 : :
Allowed Mr Waldron as cl'' of the councill for y'' yeare
May 14"' 1728 to the 25"' Aprill 1729 £75 : :
[p. 147]. In the house <tc.
A Petition of Ebenezer Eastman & Richard Hazen Jun'' of Haverill in behalfe of themselves & those of Haverill : That had grants in Haverill that might fall within the Prov- ince of New Hampshire &c Was Read.
Then the house adjourned to Wednesday the 30*'* a. m.
Wednesday Aprill the 30*'' 1729, a. m. the house met ac- cording to adjournment all present as entred for the day.
508 PROVINCE OF NEW-HAMPSHIRE. [1729.
A vote past for a comittee of Both houses to draw a vote about the lines.
In the house &c.
Voted —
That Cap*^ Joshua Pierce be Recorder of Deeds for the Province of New Hampshire for one yeare from the date here of — & untill the next sitting of the assembly after the year is up : and that the said Recorder enter upon the sev- erall Deeds he Records, and Copies that he gives out the Price y* he takes for doing the same.
James Jeffry CI"" ass"" sent up.
Eod™ Die. A Mess^ from the Board pr J Odiorn Esq'' that the above vote was concur'd.
Then the house adjourned for two hours p. m.
Wednesday Ap"' 30*'' 1729, p. m. The house met accord- ing to adjournment all psent as entred.
A Petition of George Walker Gen* was Read praying Re- lief ag* a mortgage of W"' Vaughans : for the cutting off an Entailc : on sum Lands of S'' Vaughans contained in S'^ Mortgage.
Then the house adjourned to Thursday the 1* may am.
Thursday May 1^*1729 a. m. The house met accord- ing to adjournment all psent as Entred for the Day
Eod'" Die.
In the house &°.
Cap* Walker's I'etition was Read againe and the Evidence taken, viz Richard Waldron of Portsmouth Jun"" being of LawfuU age volluntaryly maketh oath That he w^as the pen- man as well as one of the Wittnesses of the Last Will & Testament of the hon*'^" George Vaughan Esq'" Deceased and [p. 148] that the Testator told him, he the said Testa- tor gave to his son William all his Lands at the Bank & be- tween the creek & y*^ Bank in fee simple : with an exception for the other Son & maiden Daughters as in the said Will expressed : and further that severall times to the best of the Deponants Remembrance he the Testator Distinguished Be- tween a fee simple and fee Tailc Estate while he was giving the- minits of his will : and the Deponaut further Testified
1729.]
JOURNAL OF THE HOUSE, 509
That the said Testator told him the Reasons of giving his Bank Lands in fee simple (viz) to enable his son to pay Debts and Legacies by the sale of them : and lastly if the words of the will do create an Estate Taile of the Bank lands : It is entirely owing to the unskilfullness of y^ De- ponant in pening the will : and both he and the Testator un- derstood it otherwise at the time of Executing the will
Richard Waldron Jun-^ May the 1^' 1729.
Samuell Hart of Portsmouth of full age Testifieth & saith that* he hath heard the hon''^^ Geo. Vaughan Esq Deceased say while in health that he intended his lands at the Bank should be sold into house Lots for the peopling the Town: iRit his Farm should never be sold.
pr Sam" Hart May 1^^ 1709.
May the 1*** 1729 W Richard Waldron and M-^ Sam" Hart made oath to the truth of their above Declarations in the house of Representatives.
James Jeffrey Cle' ass*"
Then the house Debated about settling the Govornors Sal- lary for three 3'ears, and it past in the affirmative. Eod"^ Die. In the house &*=.
An answer to the Govornors speech was Drawn up and Read
Then the house adjourned for two hours p. M. Thursday May the 1*^^ 1720 p. m.
the house met according to adjournment all psent as En- tred.
In the house &''.
The answer to the Govornors speech was Read againe & voted to be accepted
[See Journal of General Assembly.] [p. 149.] A Revivall of Dover Petition was Read and sent up that they appeare the 8**^ Inst on the 2** Day of the next sitting of the assembly.
Eod™ Die. In the house &".
Capt George Walker's Petition was Read againe and the house ordered the clerk to notifie William Yaugh'an <fc Elliot Yaughan to appeare fryday ten aclock Which was Don and then the house adjourned to Fryday May the 2'' a. m.
510 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday May 2^ 1729 a. m. The house met according to adjournment all present as entred for the day. Eod°' Die. In the house &"=.
Voted— That Nathaniell Weare Esq'" M-" Ep Dennit and maj Paul Gerrish be a committee of this house to joyn with a committee of the upper house to take the Records & files thereto belonging from where they now are & Deliver them to Cap* Joshua Pierce as Eecorder and take his receipt for the same : and that the said Joshua Pierce be qualified ac- cording to Law as soone as possible and that the receipt be entered In the Journal of Both houses.
James Jeffry CP ass™
A mess°® from the Board that the above vote was concur- red & that R Wibird & J Odiorn was appointed above to joyn for the above said work.
The Return of the comittee about the lines of the Province was made and Bro* in and Read & accepted & a copy on file. Eod'" Die. In the house &\
Cap* George Walkers Petition was againe Read and voted Thereon. That upon Reading the Will of the Testator George Vaughan, and hearing the evidences of the pson that Drew the same & other evidences
That the lands at the Bank the Testator intended a fee simple : *
And for preventing Dispute hereafter that there be an act Drawn up and past that the Lands mentioned in the mortgage mentioned in said Walkers Petition shall be held and accompt- ed a fee simple in the said W"^ Vaughan [p. 150] to all intents and purposes (excepting the forty five lotts that W™ Vaughan has made over to his Brother Elliot Vaughan and fower sisters as on Record in the Province Records for the payment of two hundred pounds in land to each of them according to the Testators will.
And that Capt Joshua Pierce and Theo atkinson Esq be a comittee of the house to joyn with a comittee of the upper house to Draw up the act accordingly.
J Jeffry CY ass" Then the house adjourned for two hours p. u.
Fryday May 2'^ 1729 p. m. The house met according to adjournment all psent as entred for the day Eod'" Die.
In the house &°.
John and Tamesen Tibbets Petition Read and Dismissed.
1729.]
JOURNAL OF THE HOUSE. 511
A mess* came Down pr nV Waldron cler con. That his Excelleucie sent him with two pappers which he was ordered by him to Read and leave them : The one from his Exccllcncie the other was the act that Settled Gov' Dudleys Sallary.
And likewise a mess* pr Geo Jaffrey and R Wibird Esq""* with the vote for the Gov' Sallary with amendment above and for our acting thereon. Eod'" Die,
In the house c^*^.
Voted. That the Province Tax this yeare be Raised on the Inhabitants of this Province their Pols & Estates accord- ing to the Last years Proportion and that an act be Drawn up accordingly : and that Nathaniell Weare Esq & Theo Atkinson Esq be a committee of this house to joyn with a committe of the upper house to Draw up Said act.
J Jeifrey CI-- ass™
A Mess* That Geo Jaffrey & Tho* Westbrook was a}> pointed a comittee above.
Then the house adjourned to Sathurday May the third a. m.
Sathurday May the 3"^ 1729, a. m.
The house met according to adjournment all psent as En- tred for the Day
The rec*^ of the Recorder rec'' viz,
[p. 151.] Portsmouth in New Hampshire
Received of the Comittee appointed to Receive the Province Records & DeUver tliem to me viz Shadrach Walton & Jotham Odiorn Esq''" of y^^ Councill, and nathaniell Weare Paul Gerrish & Eaphraim Dennit of the house of Representatives: The Books & files as follo\yeth viz, six small Books numbered A, B, C, D, F,, and sixteen Books N° 1 & so to 16, and forty three files or Bundls of Paper
I say vec'^ pr me.
Joshua Pierce ^lay the '^^ 1729.
Vera Copia attest, James Jefi'ry C. ass'" the orriginall sent up after entring.
A vote of the house past : That the Cler send to Coll Weare and Maj Gillman to Bring in the money they have to Exchange the old Cypherd Bills, Which order I have sent. James Jeffry clr ass*"
And then his Excellency adjourned the assembly at the Request of the house to Tuesday May G*'' 1729, p. m.
512 PROVINCE OF NEW-HAMPSHIRE. [1729.
Tuesday May the 6"' 1729 p. m.
the house met according to adjournment, all psent as En- tred for the day
Mr Speaker Wiggans Mr John Sanburn
Cap J. Pierce Samuel Thing Esq
Geo Walker Mr Bar' Thing
Mr Ep. Dennit Theo Atkinson
Capt Paul Gerrish Mr Richard Jennes
Sam'' Tibbets Mr Ebenezer Stephens
Francis Mathes Cap* John Downing
Natt Weare Esq. James Mackeen Esq. Cap' Joshua Wingate
Then the house adjournd to Wednesday the 7"^ Inst. a. m
[p. 152.] Wednesday May 7*** a. m. The house met ac- cording to adjournment all present as Eutred In the house &c.
Voted, That Cap' Joshua Pierce & m"^ Eaphraim Dennit be a comittee of this house to Joyn with a comittee of the upper house to account with k receive from the six Trustees for Exchanging the 5384 lb old cypherd Bills that yet Re- mains in their severall hands, changed or unexchanged : and that they make Return to the assembly of their Doings.
Ja. Jeffry C. ass™ sent up.
A Mess^ from the Board that the above vote was concur'd <fc that Henry Sherlturn & Jo Odiorn Esq"^ was appointed at the Board to Joyn with the above comittee.
Then the house adjourn'd to Thursday the 8"" a. m.
Thursday May 8'" 1729, a. m.
The house met according to adjournment all psent as En- tred
A mess^ pr Geo Jaffrcy & Tho^ Westbrook Esq*^ from his Excellencie y' he intended for his other Goverm'^ Next week. Then the house adjournd for two hours p. m.
Thursday May the 8"' p. m. the house met according to adjournment psent as Entrcd.
The amendment of the Councill on the vote for y^ Govorn- ors Sallary was Read and nonconcurr'd.
Then the house adjournd to Fryday the 9"' Inst. a. m.
1729.] JOURNAL OF THE HOUSE. 513
Fryday May the 9"> 1729, a. m.
The house met according to adjournment all pseut as En- tred.
In the house ct*^
Voted that James Jeffry be paid out of Publick money the sume of fifteen pounds for his service as clerk of the assembly from the 19"> of November 1727 to the W of 9"- 1728 and tliat his Excellency be Desired to Issu out a war- rant accordingly.
James Jeffry C. ass™ sent up.
May y° 10*^ y*' above vote concurd above.
Eod™ Die. • In the house voted,
That there be paid out of the Publick Treasury the
sume of £18 : 15 as sherif for one yeare and Quarter ending the first of may 1729 & 9 lb for the Return of Jurors for the same yeare & y^ his Exce" be desired to Issue a Warrant accordingly J Jeffry C. ass'".
Sent up & concurrd May 10*^. and y" y® house 2 hours p. m.
[p. 153] Fryday May 9*" 1729, p. M. the house met accord- ing to adjournment all present as cntred
In the house of Representatives. Voted—
That there be annually paid out of the Publick Treasury to his Excellency Govornor Burnet for his annuall support for and during the Tearm of three years, or during his Ex- cellencies continuing Govornor,
The sume of two hundred pounds sterling or six hundred pounds in Bills of credit. Which said sume is to be in full of all Demands from this Goverment for his Excellencies sallary & all Expences in coming to Tarrying in or going from this Prov. a,s alsoe for any allowance to be made the Liv* Govornor, and that the Excise on Liquors be from Time to Time appropriated to that use and that an act be Drawn up accordingly. James Jeffrey CP ass"'
The -above vote sent up, and the Messengers to pray tlie with drawing the vote of this house of May the second, and that this may be accepted.
Dissents ag* this vote : Natt AVcarc Esq, M'' Bar* Thing, Cap* Joshua Wingate, Francis Mathes, W John Sanburn & W Ep Dennit. 33
514 PROVINCE OF NEW-HAMPSHIRE. [1729.
Eod" Die.
A Mess^ from the Board by M"^ CI. Waldron that y*' above vote was concurr'd with at the Board and that they returned tlie vote of the house of May the 2*^ according to the Prayer of the messengers. Eod"^ Die.
A mess'' pr M' Cle'' Waldron That Geo Jaffrey & Thomas Westbrooli: Esq. was appointed by the Board to Joyn the comittee for Drawing up the act for settling the Governors sallary. Eod™ Die. In the house &c
Voted — That Nathaniel Weare Esq and Theodore Atkin- son Esq. be a committee of this house to Joyn with y'^ co- mittee appointed by the upper house to Draw the act Relat- ing to the Govern" sallary.
J. Jeffry cle"^ ass™
Then the house adjourned to Sathurday May 10^''
Sathurday May the 10*'' 1730, a. m.
The house met according to adjournment all present as Entred.
An order of the house was sent to Coll John Plaisted to Bring what money is in his hands as Trustee for exchanging the old Cypherd Bills Eod"^ Die. In tire house &c.
[p. 154] Voted — That his Excellencie Governor Burnet is hereby Desired to give his orders to the Receiver of the Powder Money according to the last act. That he for beare to receive any such powder money from any sloops that coasts Between this and the Massachusetts, Rhode Island and Connecticut for this psent yeare 1729
James Jeffry CP Ass" In Councill May the 9"' 1729.
The within vote was Read and Concurred with the follow- ing amendmS viz
That one third part be paid at or before the 25*^ July next, another third part at or before the 25"' aprill 1730, and the remaining third at or before the 25"' aprill 1731, and that those psons who shall neglect makeing the first of said ])ay- ments shall have no benefit of this act, But extent shall go out against the Land mortgaged, any thing contained in the
1729.] JOURNAL OP THE HOUSE. 515
act notwithstanding and that Sha : Walton & John Frost Esq be a comittee from the Board to Draw up an act accord- ingly R. Waldron cP con Eod™ Die. In the honse &c The above amendment was Read & concurr'd
James Jeffry CI'' ass™
and Sam" Thing and M' Ep Dennit be a comittee of this house to Joyn with the comittee above to Draw up y* act.
Eod™ Die.
In the house ordered, That Mr Joshua Pierce take care of the money tliat the comittee rec'' from the Trustees.
Then his Excellencie adjourned the assembly to Munday the 12"^ Instant at 10 oclock a. m.
[p. 155.] Munday May the 12"^ 1729, p. m.
The house met according to adjournment all present as Entred.
In the house ct°
Voted, That each of the Trustees that had the 5384 lb to Change the old Cypherd Bills be allowed two & a halfe pr ct for Exchangin for what they have changed.
The 14'^^ the above came Down nonconcur'd and Read againe and sent up that the house insist upon their vote.
James Jeffry J. C. ass™
Then the house adjournd to Tuesday the 13*'' lust a. m.
Tuesday May 13"' 1729. The house met according to ad- journment all psent as entred.
A Mess^ came from the Board pr R. "Wibird & H. Sher- burn Esqrs, That the Warrant for John Robinson must bo for <£99 : 1 : 6, and the Ballance But as entred in the allow- ances.
Then the house adjourned for two howers p. m.
Tuesday May 1^^'^ 1729, p. M. the house met according to adjournment all present as Entred. In the house &"
Voted that Ephraim Dennit be and he is hereby Impow- ered to Demand and Receive from the severall psons that have of the 1730 lb the Interest Due on the several Bonds
516 PROVINCE OF NEW-HAMPSHIRE. [1729.
and tliat Mr. George Jaffrey [p. 156] Give his bond for tliat money Due from Capt Gerrislies Estate in the form that the other Bonds are given and that on receipt of the Interest Due on said Bonds at 2J halfe pr ct he enter the payment on tlie Bonds Respectively as rec*^ and pay the same into the Treasury from time to Time as he receives it.
James Jeffry CV ass"^ Eod" Die. In the house &"
Dover Petition was Read and the Parties heard of their Councill and an order ^lade tor a comitte to go on the spot and view the severall Districts and setle a Dividing line ac- cording to the best of their judgments and that the Peti- tioners in the mean time be free from being Rated to the minister at the old Town cfe*^ and the maj'" part agreeing shall be accounted sufficient to make Return at the next sessions for confirmation
In the house &'^
The Bill for his Excellencies Sallary & the Excise was Read three times and past to be Enacted
sent up.
Then the act for Proportioning the Towns was Read.
Then the house adjourned to Wednesday the 11*'' Inst.
Wednesday May 14"' 1729, a. m. the house met according to adjournment all present as Entred
The act for Proportioning the Towns was Read a 3'^ time. In the house &'^
Voted, That the 1076 lb 16s Tax for the yeare 1728, now in the Treasury be Repeated for the payment of the Debts of the Province that is and may be allowed by the Generall ass™ and for a fund for the payment thereof
That an act l)e drawn up for the payment of It in the yeare 1741
By Province Tax on the Poles and Estates
Sent up. J. Jeffrj CI'' Ass™
Eod™ Die. a Bill for prolonging the 15000 lb (which expired the day of Aprill Last past as pr the former vote.
Eod'" Die.
a Petition of John Knight was Read, praying to be freed from y" payment of Excise, & Voted to be Dismist, & Sent up. [p. 157.] In the house &g.
The Bill for Postponing the 15000 lb was Read three times and past to be Engrost. Sent up
1729.] JOURNAL OF THE HOUSE. 517
Uern" the Liv* Gov' payed to the 14^'^ May 1728, charged in the Treasurers account not inchiding the 14 day.
There was Bro' in by M'' Treasurer Jaffrey Sixty Six pounds fifteen Sliillings and one peny of the hundred pounds that he gave a receipt for May 25 1728 & Burnt In the house &c.
Toted, That the said George Jaffrey be Discharged of the above Said Sume.
James Jeffry CI'" Ass™
A Mess** from the Board pr M' Geo. Jaffrey that the Bill for Postponing the 1000 pounds was concurred and at the Same time Bro^ Down the Governors Instruction ag'' Strike- ing of money.
Eod'" Die. There was Bro* into the Ass™ l)y Those Trus- tees for Exchanging the old Cyphered Bills and Burnt
from Coll Ilunkins £ 16: 13:
Geo Jaffrey Esq' £ 36 : 17 : 8 or 5
E. Wibird Escf £169:10:9
Maj. John Gillman £ 45: 16: 6
John riaisted Esq>^ . £ 28 : 15 : 3 Coll Peter Weare £ 32: 14:
£330 : 07 : 2 Eod™ Die. There was alsoe Bro* in of the money for Changing the old Cyphered Bills :
from the Ex--^ of Coll Hunking £646 : 15 :
R W, 23: 3: 1 D° Richard Wibird Esq. £ 23 : 1
Wear 324: 5: I> Maj'' J. Gillman £568 : 13
D° Peter Weare Esq'^ £346 : 19
|
£1595 |
OS: |
3 |
|
£ 4 |
1: |
Remains in Mr George Jaffrys hands
£1599 : 9 : 3 Then the house adjourned for two hours p. m. [p. 158.] May 14"' 172«;i, p. m.
The house met according to adjournment psent as En- tred.
A Bill for ReEmitting 1076 : 16 : was Bead and past to Engrosd & Enacted
The vote for 2^ pr ct for the Trustees sent up againe Eod"' Die. " In the house &"
Voted, That INIr Richard "Waldron be allowed & paid out of the pulilick Treasury the sume of seventy five pounds in
618 PROVINCE OF NEW-HAMPSHIRE. [1729.
full for his years allowance as clerk of the coimcill to the 25"> Apr 1729.
James Jeifry C. ass™
Eod"i Die. In the house &c
Voted, That Mr Thomas Packer he allowed and paid out of the Publick Treasury the sume of forty shillings for the use of his house & utensils &c when his Excellency came first into the Province
J. Jeffry cV ass™
Returned being to litle.
In the house &*^,
Rye Petition was Read and voted thereon That the Town of Hampton be served with a coppy thereof, and to appear next sitting of the assembly (if they sec cause)
J. Jetfry c?. ass™
The Petition of Richard Ward was Read and the vote of y® Councill thereupon,
That there be added one shilling & six pence pr week to the three shillings and six pence already allowed for the sup- port ot Poore Prisoners out of their Estate.
To which the house concurr'd and voted that an act be drawn up accordingly.
J. Jeffry c? ass™ In the house tfe*^
Voted, That Capt Joshua Pierce & Theo Atkinson be of Com^"* from this house to Joyn with those that shall be ap- pointed by the hon^^'® the Councill, to see ho^ much there is of the 10761b: 16: Now in the Treasury to be Re-emitted that is fitt to pass- and to tell over what is not, That the same may be Burnt, as alsoe to get as many Blank Bills Im- press'd and signed oif as shall be Burnt of the said sume : and further that tliere be taken out of the money that was for Exchanging as much money as shall be Burnt or will not pass of the affore sd =£1076 : 16 : & y* y® com*'" affore said be hereby Directed to Reimburse the comittee for Exchange [p. 159] with the same sum that shall be so taken as soon as they get the same Impress'd and sign'd off.
James Jeffry cl^ ass™
There was appointed from the Board as a comittee to joyne with those above
R Wibird & J Frost Esq''^
Province of New Hampshire an account of -what money Delivered to uss of the comittee appointed by the Gen" assembly for Receiving the
1729.]
JOURNAL OP THE HOUSE. 519
same from the severall Trustees that rec'd amongst them the £5300 &
odd for Exchanging the Cypherd Bills of y^ first Impression on the Province viz of w' l)'^ Coll I'lunking Esqr £16: 13 cypherd Bills £17: 3
of D° in new Bills £64G:15
of Geo Jaffrey Esq' £ 3G: 7:8 cypherd D°
of D' in new Bills £
of Richd Wibird Esq £169 : 10: 9 cypherd D°
of D'' in new Bills £ 23 : 3: 1 cypherd D°
of T^Iaj John Gillman £ 45: 16: 6 cypherd D^
of D" in old new & Broken Bills £568: 13: 3
of Coll Plaisted £ 28: 15: 3 cypherd D"
of Coll Weare £ 76 : Mass^ money
& Cyplierd money £ 32: 14: 0 Burnt
of D" Rhode Island money £ 30
of I>' old New Hampshire £122: 5: money
of D° £ 96: N Hamp money
£1892: 13:6 Deducting money now Burnt £ 330: 7: 2
1562: 6:4 Portsmouth May 14 1729 Jotham Odiorne "1
Henry Sherburn [ p„^:Hee Copia J Jeffry CI' Ass™ Ephr'" Dennit | ^omittee
Josh Pierce J
The house adjourned to Thursday May 15 a. m.
[p. 160.] Thursday May 15*'' 1729 a. m.
The house met according to adjournment psent as entred. James Mackeen Esq Desires the favor of this house that he may be Dismissed, which the house took under considera- tion and accordingly granted his Request, and voted that the s*^ James Mackeen be Dismissed from serving as an as- sembly man and that Mr Speaker issue out a warrant to the Selectmen of Londonderry to chuse a Representative in the roome of the s'' James Mackeen to Represent them in the assembly at the next sessions
J. Jeffry CI-" ass'" In the house k''
Voted — That Benjamin Rust be allowed and paid out of y^ publick Treasury for the use of the court house to the 10*" ap*^ Last past being one year and halfe twenty foure pounds Deducting five pounds & six pence that is already allow'd Thomas Packer for wood and candles out of the above sum.
J Jeffrv CV ass™
520 PROVINCE OF NEW-HAMPSHIRE. [1729.
In the house
Voted — That Theo Atkinson and Mr Joshua Pierce he a com"'^ of this liouse to joyn with a comittee of the upper house to let out the excise of this Province for any Tearm not exceeding three years, to the highest bidder and that they take sufficient security payable every yeare to the Treasurer.
J Jeffry CV ass"^
Eod™ Die. A Mess'* from the Board That the above vote was concurr'd & That R Wibird & H Sherburn Esqrs were appointed above to joyn.
Eod°^ Die. In the house &*=
Allowed ]\P Tho"* Packer 20s for fireing more than the former allowance.
They sent down nonconcurr'd
In the house &''
Voted — That Henry Sherburn in the Plaines he allowed & \f out of the Publick Treasury the sume of three pounds for expenses of the Troops treated there on Proclaiming King George the 2''
Concurd Ja* Jeffry CI' ass™
[p. 161.] In the house &<=
Voted — That the five hundred pounds due from the sun- dry of the Inhaljitants of the Town of Kingston and payable to y'^ grand comittee for s*^ money at 3 pr ct be paid into the s'' comittee as the other part of said sume of £15000 is viz That each person hath of that money pay £10 p ct for y® same and at Times prescribed for the Remainder part of the said £15000
J Jeffry CP ass'"
Ballance Due to Mr Geo Jaffrey May 15^^ 1729 on his gen" accompt £239 : 13 : 9. Eud"' Die In the house &"
Voted — That his Excellency be Desired to Direct the Kings attorny to ])ut the Bonds given for payment of the Excise in suite in case the Ballance Due thereon be not paid in a months time from the Riseing of the present ass"^
J Jeffry CV ass«>
Whereas the atfaiis of the Boundary Lines Between this and the Province of the Massachusetts and the stores for Fort W'" tfe Mary that have been so long solicited for are yet Depending before the King in Councill and the Issuing
17-J9.] JOURNAL OF THE HOUSE. 521
thereof has in a Great Measure been occasioned, for want of the agents being enabled to present the same and his com- iss"* being new Determined
Voted — That his Excellency be Desired to comiss"nate Mr Henry Newman our former agent to be agent for this Prov- ince and that the sume of one hundred pounds sterling be sent to said Newman to enable him to prosecute the above affairs and any other matter that relates to this Province.
May 13"' R Waldron CV Con.
In the house &" The above vote Read and concurred with this amendment & tliat [p. 1C2] Instead of 1001b sterling to be sent the said agent, That the money Due to the Province in the hands of Mr John Penhallow together with the Interest Due on the severall Bonds given for the IT 301b be appropriated for the use above said
James Jeffry CI'' ass™
Returned & addition made In the house
Voted — That 2001b this currency or the valine thereof ster^ be sent our agent and that the Debt & Interest above said be appropriated to that use — and that the Treasurer be Directed cfe Irapowered & sue for the same
May 15''' 1729. J Jeffry CV ass^^
In the house &°.
Voted — That the 5001b Due from the Sundrie Inhabitants of the Town of Kingston which was let out at 3 pr ct pr annum be rec*^* by the grand comittee in three payments as pr the late act is Provided for those that are Indebted for the 150001b : and that Instead of the three pr ct pr annum each pson pay 10 pr ct on the whole sume each pson rec'd of the said Money & that the money so rec'd be put into the Treas- ury from time to time as it shall be rec'd,
Jas Jeffry CF ass°i
In the house k*^. Voted — That the money rec'd from the former Trustees ^th -^^t remains in the hands of the said Tiaistces be put into the hands of Theo Atkinson Es(i and :SP Bar' Thing for Ex- changing the old Cypherd Bills to be allowed 21 pr ct for what shall be by them Exchanged till further order.
J Jeffry Cl^ ass"* Returned nonconcurr'd and the following amendm' viz that in
522 PROVINCE OF NEW-HAMPSHIRE. [1729.
the Roomc of Theo Atkinson Esq & W Bar* Thing be Incert- ed the Treasurer lor the Time Being. R W CV Con.
In the house of Representatives, The above amendment read and voted
That the house adhere to their former vote
J Jeffrey C? ass"^ [p. 163.] May 15«> 1729.
A Memoriall of Mr John Penhallow was Read wherein he Desires satisfaction for an Indian captive that he had
And voted Thereon That the memoriall be Dismissed and That Theo Atkinson be a comittee of this house tojoyn with one of the upper house to give Reasons why the Province of New Hampshire ought not to make satisfaction.
James Jeffry CI'' Ass™ In the house &c. Voted — That Nathaniell Weare Esq and Cap* Joshua Pierce and Theo Atkinson be of a comittee from this house to joyn with a comittee of the upper house to meet the com- ittee that may be appointed by the Province of the Massa- chusetts Bay to run the West line from three miles to the northward of the mouth of Merrymack River : and to run as far west for the present as the Town of Donstable the west side the River that runs Down into Merrymack
James Jeffry CI"" ass" Sent up & concurr'd and Sha Walton Geo Jaffrey and John Frost Esqrs were appointed a comittee from the Board for that end.
In the house <fc*^. Voted — That his hon"^ the liv' Govornor be paid out of the excise That is now Due the sume of one hundred pounds as comand'' in chief from May 1728 to the time of the new setlement in November last past.
J Jeffry CV ass"' In the house &*^. Voted — That the Treasurer Receive the present years Tax from the severall Constables in this Province in any passa- ble Bills of C"" of any other Province as well as Bills of this Province
J Jeffry CV ass^
An act in addition to the act for allowances to poore pris- oners Read three times.
Henry Shcrburn and Theo Atkinson were made Trustees for the Exchanging the old cyphcrd Bills of C' the vote Re-
17-29.] JOURNAL OF THE HOUSE. 623
lateing Kingston concurr'd and the Reconsidering the agents vote concurr'd.
The house adjourned for two hours p. m. [p. IG4.J The house met according to adjournment psent as Entred.
In the house voted
That Theo Atkinson Esq and Mr Ephraim Dennit be of the comittee of this house to joyn with a comittee of the upper house to write to Mr agent Newman and give him further Instruction about the lines and stores.
J Jeffry CY ass"*
Sent up and a Mess^ from y^ Board that the above vote was concurr'd and that Geo Jaifrey & H Sherburn Esqrs were appointed at the board to joyn the above comittee.
Mem° the sume of the money for the old cypherd Bills ex- change in the comittee hands is — X1559 : 4 : 1.
His Excellencie sent for the Speaker and the house to at- tend him at the Board and the house went up accordingly and the Bills were Read and past.
And then his Excellency adjourned the Generall assembly to the second Tuesday in 8'' next.
Tuesday 9^ 25^'' 1729 Q) The house met & present Mr Speaker Wiggans Mr John Sandburn
Capt Joshua Pierce Mr Bar* Thing
Capt Geo Walker Mr Richard Jennes
Mr Ep Dennit Capt John Downing
Nathaniel Weare Esq Mr John Goff
Capt Joshua Wingate Mr Theo Atkinson
[p. 165.] Tuesday December the nineth 1729 P. m. The house met according to Prorogation
Present Mr Speaker Wiggans Mr John Sandliurn
Joshua Pierce Esq Sam" Thing Esq
Capt Geo Walker Mr Barth"^ Thing
Mr Ep Dennit Theo Atkinson Esq
Paul Gerrish Esq ]\Ir Richard Jennes
Cap* Sani^ Tibbets Mr Ebenezer Stephens
Capt Francis Mathes John Downing Esq
Nathan Weare Esq Mr John Goff.
Capt Joshua Wingate
(1) Probably there were successive adjournments or prorogations by his Excellency's order — See next date. Ed.
524 PROVINCE OF NEW-HAMPSHIRE. [1729.
A Mess" from his lion'' That M"^ Speaker & the house at- tend hiin at the Board. They went up accordingly his hon' made a Speech of which Mr Speaker ob*d a copy and Returnd
[See Journal of General assembly,] A letter from mr Newman was Bro* Down <fe read
Then the house adjourned to Wednesday the 10"' X'" 1729.
Wednesday X'' 10"" 1729. a. m. the house met according to adjournment all present as Entred for the Day
Mr John Goff was Returned as Elected a Representative for the Town of Londonderry & appeared & was Quallilied according- to Law & accepted.
Then the house adjourned for two hours p. m.
[p. ler..] Wednesday X-" 10*^ 1729 p. M. The house met
according to adjournment as Entred.
Eod™ Die. In the house of Representatives
Voted — That the Province rate for the next yeare be paid into the Treasury in the same Proportion as last yeare and that the Treasurer Issue out his warrant to the several towns within this Province accordingly and that an act be drawn up accordingly.
Jas Jeffry clr ass™ X"" y® 12 : a Mess'*^ y* y° above was concurrd.
The Return of the Comittee that was ordered to make the Dividing Lines Between Oyster River Dover & the Northeast part of Dover was read and alsoe a Petition of sundry of the People lying nearc the Dividing line Between Dover and Oyster River was read & sent up to know if the Board would joyn with the House in hearing the Parties.
Eod" Die — A Mess^ pr Mr Clerk Waldron That according to the Desire of the House the Board was ready to proceed.
Then the House went up & heard the Parties & returned. Eod" Die. In the house of Representatives
Voted that Thco Atkinson and Nathaniel Weare Esqrs be a Comittee of the house to make an answer to y'^ Governors Speech & lay it before the House for approbation: In Councill X'^'" 10"' 1729.
Voted that the Petitioners for a Parish in the northeast part of Dover have li1)erty to bring in a Bill according to the Report of the Comittee varying the bounds from the head
1720.] JOURNAL OF THE HOUSE. 525
of fresh Creek to a white Oak Tree as the Rhoad goes — and the other part of the Report relating to Oyster River to lye under consideration till next f^pring sessions. Tliat Mr Joseph Jones Sc others who take exceptions to the bounds of Oyster River may have opportunity to show the justice of their objections bv a plat.
R Waldron CP Con. Eod'" Die In the house of Representatives read k concurrd
James Jeffry C-l"' ass"^ Then the house adjourned to Thursday the 11"' X'^'' a. m.
[p. 167] Thursday X''-' 11"^ 1720 a. m.
the house met according to adjournment all psent as Entred
Eod"' Die In the house of Representatives Voted that there be a comittee of this house to joyn with a comittee of the upper house to tell over the severall pcells of money now in the Treasury to be Burnt or Repeated and make their Return to the Gen" assembly and that Theo At- kinson Esq and Mr Eaphraim Dennit be a committee from this house for that End.
James Jeffrv CI"" ass'° Eod™ Die,
A ;Mess^ pr Mr Waldron That the above vote was concurrd and that R Wibird & J f^herburn Esq was appointed above for that end.
Then the house adjourn'd for two hours p. m.
Thursday X'^ 11 1729 p. m. The house met according to adjournment all psent as entred.
Eod™ Die. In the house of Representatives
Voted — That James Jeffry be paid out of the Publick Treasury the Sume of fifteen Founds for his service as clerk of the assembly from the 19"' of November 1728 to the 19^" of November 1729 & that his lion"" the Liv' Govorn' be Desir- ed to Issue out a Warrant accordingly.
James Jeffry CP ass"^
A Mess* pr Mr Waldron the above vote was concurred.
Then the house adjourned to Fryday X"^ the 12"' 1729, p. m.
526 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday X' 12'*' 1729, a. m. The house met according to adjournment all psent as entred
Voted — That Thomas Harvy be paid out of the Publick Treasury, the sume of three pounds expences of the soul- diers in Proclaiming the Liv' Gov" Comission.
James Jeffrey Clc ass°^
Allowed Benj^ Rust for the use of his house from the tenth of Ap"^ 1729 to the lO'"" of October 1729 being 6 months £8
The above Eefer'd at the Board. Eod'" Die.
Received at George Jaffrey Esq""* by the comittee for tell- ing the money the sume of thirty three pounds five shillings in fiill of a rec* he gave for one hundred pounds May 25 1728.
A petition of Eljenezer Tutle for Relief in cutting off an Entale on Lands his father Mortgaged to y® Province
[p. 168.] The comittee for telling the money over Bro* in to the assembly the sume of two thousand one hundred and fifty two pounds three shillings of the 15000 lb Loan received of George Jaffrey Esq'' that had been paid in to him by the comittee Gen" and off said sume the said George Jaffrey is hereby Discharged.
Then the house adj*^ for 2 hours P. M.
Fryday X"" 12**" 1729, p. m. The house met according to adjournment all present as entred
In the house of Representatives
Voted on Tutles Petition. That it not appearing to uss that the Petitioner hath complied with his Maj"*^* 25"' In- struction to our Gov'' by giving Publick Notice &*^ that the said Petition be Dismissed
James Jeffry CI"" ass"^ X"" 16, A mcss^ that y^ same was dismissed at y^ board In the house of Representatives.
Voted—
That tis the opinion of this house y' y^ Excise act is Ter- minated and that another act be Drawn up to Revise it.
James Jeffry C? ass""
A Mess* pr Mr Waldron. That the Board was Ready to attend the hearing of the Ry Petitioners
The house went up for the same end, and after hearing Returned, and Debated upon it, and
1729.] JOURNAL OP THE HOUSE. 527
Voted — That the Prayer of the petitioners be so far granted That a Coniittee of Indefferent psons be chosen and go upon the spot and make their Return to the gen" ass"' next sessions, and that the Petitioners pay the charges, and that a plat be made and Bro't into the assembly by said Comittee of the old p'ish of Hampton with a Division of the north Hill part alsoe of the whole p'ish of Rye, and alsoe of that part that belongs to Portsmouth & Greenland that is Powld off to Ry for further consideration.
J Jeffry cl' ass™
Mr John Sanburn & Mr Joshua Wingate enters their Discent ag* the above vote. Then the house adjourn'd to Sathurday the 13''' a. m.
[p. 169.] Sathurday X"" 13, 1729, a. m.
The house met according to adjournment all psent as En- tred for the Day.
A Mess'* pr R Wibird J Odiorn and Mr Cler Waldron that the Governor adjourned the assembly to Munday the the 15'^ curr*^
Monday X' 15 p. M. 1729. The house met according to adjournment.
P'sent
M"' Speaker Wiggans M'' John Sanburn
Cap^ Joshua Pierce Sam" Thing Esq"^
Geo Walker M^ Bart Thing
M"^ Ep Dennit Theo Atkinson Esq''
Paul Gerrish Esq M^ Rich'' Jennes
Cap* Sam' Tibbets Mr Eben"" Stephens
Cap Fran Mathes John Downing Esq
Natt Weare Esq"- Mr John Gofif Cap* Joshua Wingate
The Speaker not apppearing the Liv* Gov' adjourned the ass™ to Tuesday y'' 16 a. m.
Tuesday X-" the 16 1729 a. m.
The house met according to adjournment all psent as En-
528 PROVINCE OF NEW-HAMPSHIRE. [1729.
tred for the day and the Speaker not appearing the house
proceeded to chuse a Speaker pr tempore by Ballot
and Theo Atkinson was chosen
allowed John Robinsons ace* £S2 : 13.
allowed Mr Atkinson going to Boston for Gov"' Burnets Com"
£9:5 both concurred above
[p. 170] The house adjourned for two hours p. m.
Tuesday X'' IG**" p. m. the house met according to
adjournment all psent as Entred. allowed Richard Perry <£6 : 8 in full of his ace' of £8 : 6:2 Then the house adjourned to Wednesday the 17 a. m.
Wednesday X"" 17*'' a. m. The house met according to adjournment all present as Entred for the day.
Whereas the act of this Government for Setling a Sallary upon Governor Burnet Is by his Death(^) Expired and the act for Laying an Excise of Liquors having some Reference to the said act for setling a Sallary which may cause Some Dis- pute whether the Said Excise act is not alsoe Expired to pre- vent which in the house of Representatives
Voted that it was the Intent and meaning of the Legis- lature that the Said Excise act so far as Related to the Ex- cise should be in force untill three years from the Publication thereof, and that the money collected by virtue of the sd act shall be from Time to Time applyed for the paying y^ allow- ance made by the Gen'' assembly.
Voted that Richard Waldron Jun'' lie allowed & paid out of the Publick Treasury for making out comiss"^ £84 : 18. to Thomas Packer for wood to May 1729 £1.
A mess^ pr mr cler Waldron that his & Thomas Packers allowance was concurr'd with above. In the house.
Voted — That Mr Ephraim Dennit be allowed and paid out of the Publick Treasury the sume three pounds for his Trouble in gathering the Interest money on the 17301b Bonds. ' J Jefifry CV ass"^
Eod'^ Die. In the House.
Voted That the 17301b now at Interest the Bonds be re- newed and Interest paid at 6 pr ct pr annum or otherwise that the money be Bro* in and Burnt.
J. Jeffry CI'' ass*"
A mess^ that the Last vote lye for consideration.
(1) See notice of liis death in Journal of General Assembly. Ed.
1729.]
JOURNAL OF THE HOUSE. 529
[p. 171.] The act for Reviving the Trespass was Read three times and past to be enacted & Sent up and concurr'd. Then the house adjourned for two hours p. m.
Wednesday the 17*" X-" 1729 p. m.
The house met according to adjournment all psent as en- tred
Allowed Henry Sherburn Esq 2 : 12 : 6 for canvas for the fort Boat.
Allowed Solomon Cotton 15s for Expenses of the Troop when they went to meet Governor Burnet. In the house.
A vote passed on the Dover Petition for a comittee to goe and Examine the Town Bookes k" concur'd above and Henry Sherburn & Jotham Odiorn were appointed from the Board.
Then the house adjourned to Thursday the 18"' a. m
Thursday X-^ the IS*"^ 1729 a. m.
The house met according to adjournm' all present as Entred.
Madam Rogers Petition was Read and ordered to ly till the next sessions and that the clerk of the assembly in the mean time get information from the Late Treasurer Penhal- lows ace* how Gov' Dudley.
In the house k^
Toted, That five hundred pounds of the 1400 lb Tax now in the Treasury be post pon'd to the yeare 1742 and that it be now applyed to the payment of the allowances made this assembly & that an act be drawn up accordingly and that the Remaining 900 lb be put into a comittees hands and let out six pr cent pr annum or otherwise bro* in and Burnt ac- cording to the act.
J Joffry Clr ass™.
Then the house adjourned for two hours p. m.
Thursday X'' the IS"-'^ 1729 p. m. The house met accord- ing to adjournment all present as Entred,
A Mess'''^ came from the board that the 500 lb was to litle. Then the house adjourned to Fryday the 19*'' a. m.
630 PROVINCE OF NEW-HAMPSHIRE. [1729.
Fryday X' the 19*^ 1729 a. m. The house met according to adjournment all present as Entred.
Allowed Eleazer Rusell his account £9:6:2
and allowance to M'" Gambling that was formerly
allowed for giving the oath of allegiance, £4 : : In the house [p. 172.] Voted that the sume of seven hundred pounds of y° fourteen hundred pounds which by act is to be Bro* into y" Treasury this yeare be Remitted for the Defraying the Charges of the Government which hath been allowed This sessions by the Generall assembly and that an act be Drawn up Requiring the payment of the same againe in the yeare 1742 and that the remaining seven hundred pounds remaine in the Treasury till the further order or the Gen" ass"^
James Jeffry Clr ass"^ In Councill X'' the 19^^ 1729. Voted—
That the selectmen of the severall Towns within this Province be and hereby are Directed to take an Invoice of all the Poles and Rateable Estates within their Respective Towns and District and Report the same upon Oath at the next sessions of the Gen" assembly in order to a new Pro- portion of the Province Tax for the yeare 1731 and onward as the Gen" assembly shall see meet.
R. Waldron Clr, con.
The act for Postponing 700 lb to 1742 Read three times and past and sent up
A Mess* pr mr cler. Waldron that his hon"^ the Liv* Gov- ern'' Required the attendance of the house att the Board
accordingly the house went up.
And the Liv* Governor Proroug'd the Gen^^ Assembly to the Last Tuesday of May next.
[p. 173.] April the 23^ 1730
The Assembly met by order of the Liv* Govern"" and Councill
P'sent Mr Speaker Wiggans Mr John Sandburn
Joshua Pierce Esq. Sam" Thing Esq
Capt George Walker Mr Bar* Thing
Mr Ep Dennit Theo Atkinson Esq
1729.] JOURNAL OF THE HOUSE. 531
Paul Gcrrish Esq. Mr Rich'^ Jennes
Capt Sam^' Tibbets Mr. Eben Stephens
Cap* Francis Mathes John Downing Esq
Natt Wcare Esq Mr John Goff
Cap* Joshua Wingate
A Quorum being met and his hon"" notified thereof his hon"" the Liv* Govornor Directed the house to attend in the Council chamb'' Air Speaker and the house went up : The Liv* Govornor made a Speech of which Mr Speaker pray'd a Copy and Returned
The purport of the Speech was of the advice of Mr. Belchers being made Govorner & Expected dayly & to com- pliment and make Provision for his receptance
It was agreed on in the House that considering the Dis- temper at Boston and danger in going : that a letter would be acceptable & sufficient and a Mess* sent to signifie the mind of the House
A Mess-"* came Down that the Board consented and signi- fied that his hon"" Intended to go himselfe : and take two of the Councill with him : and liop'd that the ass™ would pay the charge [p. 174.] In the House &c
Its the advice of the House that the Expences of his hon"^ the Liv* Govornor and two of the Gentlemen of the Councill that goe with him to waite on his Excellencie after his arrival at Boston that their Expenses be paid out of the Publick Treasury and also that the Expences of the Gen^' Assembly & Council that shall Waite upon his Excellencie at his arrivall into this Province as far as the line be paid out of the Publick Treasury : and Theo: Atkinson Esq and Mr. Ephraim Dennit be of the Comittee of this House to provide for the Entertainm* of his Excellencie & and to do it after they hcare of his arrivall at Boston and that the Treasurer suply them with money
James Jeff^ry Cl'^ ass™ And then they were Dismissed
Prorouge by Proclamation to the 16: June 1730
Prorouge againe By Proclamation to y" 2'' Tuesday in July 1730
Prorouge againe By Proclamation to 1'' Tuesday in Au- gust 1730
532 PKOVINCE OF NEW-HAMPSHIRE.
Answers to the Queries sent from the Right Hon'ble the Lords of Trade and Plantations, Jan. 22, 1730.
[From MS. Corr. in Secretary's, Office, Vol. I, pp. 61-GG.]
1. The situation of y"^ Province of New Hampshire is between tlie Province of tlie JNIassachusetts Bay and the late Province of IVIain, bordering about fifteen miles in width upon the Atlantick sea or West- ern Ocean. The nature of the Country as to the ground, is rough, uneven and hilly, but for the most part a good soil, being a mixture of clay land and loom, well watered and suitably adapted for hemp and flax, and having considerable meadows in it. As to the climate, 'tis cold. Portsmouth, the Capital of the Province, is in forty three degrees and twenty minutes north latitude, and sixty eight degrees west from London, settled by good observation.
2. The Province has no other boundaries than what are expressed in the Kings Commission to the Governor and they are from three miles to the northward of Merrimack river on y'' one side, to Piscataqua river on the other, and no other bounds are mentioned in the s'l Com- mission, and both of them are in dispute w"^ the Goverment of the Massachusetts Bay.
3. As to the Constitution of the Goverment, the Supream Power here is vested in the Governor and Council (appointed by the King) and a house of Representatives, (chosen by the People) who make Laws, &c.
4"^. The trade of the Province is lumber and fish. The number of shipping belonging to the Province are five consisting of about five hundred tons, and there are about three or four hundred tons of other shipping that trade here (annually) not belonging to the Province. The seafaring men are about forty. The Trade is much the same as it hath been for ten years past.
5*. The Province makes use of all sorts of British manufactures, amounting to about five thousand pounds starl"s per ann in value, which are had principally from Boston.
G'''. The Trade of this Province to other Plantations is to the Carib- bee Islands, whither we send lumber and fish, and receive for it rum, sugar, molasses and Cotton: and as to the trade from hence to Europe, it is to Spain or Portugal, from whence our vessels bring home salt.
7"^. The method to prevent illegal trade is by a Collector appointed at home.
8"^- The natural Produce of the Province is timber (of various -kinds) viz. (principally) oak, pine, hemlock, ash, beach & birch; and fish, and they are the only commoditys of the Place. The Timber is generally manufactur'd into beams, plank, knees, clap-boards, shingle S: staves, and sometimes into liouse-frames, and the value of those com- moditys annually Exported from hence to Europe and the West-India Islands, is about a thousand pounds sterling, Meniorand. besides what is above mentioned, the Coasting sloops from Boston, carry from hence thither in fish and Timber about five thousand pounds, pr annum.
9*. No mines are yet discovered, except a smal quantity of Iron ore in two or three places.
10"^. The number of Inllabitant^'5, men, women and children, are about ten thousand whites and two hundred blacks.
PROVINCE OF NEW-HAMPSHIRE. 583
11"'. The Inhabitants are increased about four thousand within this ten years hist i^ast, a thousand of which (at least) are People from Ireland(') lately come into and settled within the Province. Another reason of the Increase of late more than formerly, is a peace with the Indians the four last years.
12. The Militia are about Eighteen hundred consisting of two regi- ments of foot, w"' a Troop of horse in each.
18"*. There is one Fort or Place of Defence, called Fort William and Mary, situate on the Great Island in New Castle, Avhich commands the Entrance of Piscataqua river, but is in poor low circumstances, much out of repair, and greatly wanting of stores of war, there not being one barrel of gun-powder at this time in or belonging to that (xarrisou.
14"*. There are no Indians in this Province now in time of Peace that we know of.
lo"*. There are no Indians in the neighborhood of this Province that we know of, Except in the Eastern parts of the Province of the Massa- chusets Bay, and what their number or strength is, we are not ac- quainted.
16. We have no neighboring Spaniards or other Europeans, except French, who according to the best intelligence we can get, are extremely numerous and strong both at Canada & Cape Briton.
17. The Etiect which the French settlements have on this Province is, that the Indians are frequently instigated and influenced by them to disturb the Peace and quiet of this Province, we having been often put to a vast expense both of blood & treasure to defend ourselves ag*' their cruel outrages.
18. The Revenue arising within this Province is three hundred ninety and six pounds by Excise, which is appropriated towards the Govern- or's Salary, and about three or four barrels of Gun-powder from the shipping which is spent at the Fort. There is no other revenue but by tax on Polls & Estates.
19. The ordinary Exjiense of the Goverment is about fifteen hundred pounds pr annum, now in time of peace. The extraordinary & Con- tingent charges, as Repairs of the Fort, powder, &c. are aboiit five hundred pounds more.
20"*. The Establishments are six hundred pounds pr Annum Salary on the Governor, Eight shillings pr diem on each Councillor, & six shil- lings pr diem on each Representative during the Session of General Assembly, and a hundred and fifty pounds pr annum on the officers and souldiers at the Fort. There is no other Establishment Civil or Mili- tary w"*in the Governm', but the General Assembly make allowances from time to time as they see meet, to the Treasurer, Secretary, &c. The Judges, Justices, Sheriffs, Clerks, & all otlier officers' fees, are fix'd by a law to be paid by the party & persons whom they serve; but they have nothing out of the Treasury. All the officers Civil & Mili- tary hold their Places by Commission from the Gov"", except y*^ Coun- cil''- appointed by the King, the Recorder of Deeds chosen by the Gen^ Assem : the Clerks of Courts nominated by the Judges of the s'^ Courts respectively, and selectmen, assessors, constables, tithing men & other . Town Officers chosen by y*^ Towns at their respective Town meetings.
(1) Tliese were tlie Scotch-Irish, wlio settled at Londonderry. Ed.
JOURNAL OF THE COUNCIL AND ASSEMBLY,
From April 22d, 1729, to Ajjril 23d 1730 — during Governor Burners Administration.
NOTE BY THE EDITOR.
The Journal of the Council and Assembly which follows, from April 22<i,1729, to April '23'i,1730, embraces the period of Governor William Burnet's Administration, and until the arrival of Gov. Belcher. This Journal is contained in a bound MS. volume in the office of Secretary of State, labeled " Journal of the Council and Assembly, 1729 -1742." The Journal, as here printed, is interspersed with miscellan- eous Records and Documents relating to the same period.
[p. 1.] Prov. of N. Hamp'".
At a General Assembly held at Portsmouth by Proroga- tion Tuesday April 22^ 1729.
Present His Excellency William Burnet Esq. Govern"^ His Honor John Wentworth Esq Lt Governor Shad^ Walton \ ^^ ^ Rich'' Wibird \ ^^ ^ Geo: Jaffrey \ ^ Joth Odiorne \ ^^
Henry Sherburne Esq.
A message from his Excellency to the House by the clerk to require their attend^ at the Council Board the Speaker and House came up accordingly to whom his Excellency was pleased to make the following Speech.
Gentlevien
I should have met you sooner if I had followed my inclinations, but the difficultys I have been struggling with in my other Goverment would not permit to leave it, til I had used all possible means to bring them to an Issue. I have now obtained a full approbation from the Lords Commissioners for Trade and Plantations of my conduct there in declining to accept of money from on the Assembly on any terms different from those in my Instructions, which their L^^'^sliips do me the lionour to call prudence and integrity in me. I have an Instruction of the like nature to lay bi^fore you for settling a salary on the Governor
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 535
and commander-iu-chief for the time being and as you may believe it will be a sacred rule to me, especially after such a justification so I hope it will be chearfully comply'd with on your part, since it will un- doubtedly entitle you to his Majesty's favour; And indeed the sum de- manded of you is but a fifth of that mentioned in my Instructions for the Mass* bay which is the proportion you have usually made your choice; and when this is done the amount of all your Publick charges (p. 2) will not be above a teuth part of those sustained by them. I have done what lay in me to prevent the mischiefs that might arise from disputes about the bounds of the two Provinces, and shall be very ready to Contribute my endeavours to bring that matter to a happy conclusion and to joyu with you in every thing that may conduce to the welfare of the Inhabitants as far as it is in my power. I shall be glad to see it appear by your proceedings, as it may with reason be Ex- pected, that the nearer a form of Goverment approaches to the good old Constitution of England and the less it is incumber'd w"^ singulari- ty's aud innovations the better are the publick afi'airs managed, and the liberty and property of y*^ Subject secured.
The Speak'" obtained a copy of the foregoing speech from his Excellency and then the Honse withdrew. Adj** 'til tomorrow 10 o'clock a. m.
Prov. N. Hamp'^.
At a Gen^ Assem held at Portsm" by adj* "Wednesday April 23'! 1729.
Present His Excellency William Bnrnet Esq Gov' Shad=^ Walton } ^^ ^.^ Rich'' Wibird ) -^^ ^^^ Geo Jaffrey \ ^ Joth Odiorne ) ^ Henry Sherbnrne Esq. His Excellency laid before the Board a New Seal w*'* his Majesty's Instruction for using the same & sending home the old one : y"^ Instruction bears the date y« 28*"^ Sept 1728 & is on file.
A message from his Excellency to the house by Shad* Walton Geo Jaffrey Esqr and the clerk with his Majestys 30"^ Instruction to the Governor for settling a Salary w*^*^ was read and left with them.
A message to the Board by Capt Winget and Mr Bartli' Thing to propose reviving the Excise Act Adj. til tomorrow 10 o'clock a. m.
Instruction 30th. [Copied from Journal of the House, App., p. 600.] Whereas it has been represented unto us that the Council and As- sembly of our Province of New Hampsh"" have not hitherto settled any
536 PROVINCE OF NEW-HAMPSHIRE. [1729.
certain sallaiy upon our Gov''^ thereof suitable to the dignity of that Post, notwithstanding coppys of our Instructions for that purpose have been laid before them: and whereas the Lords of the Comittee of our Privy Council and likewise our Commissioners for trade and Planta- tions have Keported that the Sallary payable to our Gov'' hath never been settled according to the Instruction given to our former Govornors nothwithstanding it has been earnestly recommended to the said Coun- cil & assembly in our name to pass acts for that purpose, but that instead thereof they have from time to time made them such allowances and in such proportions as they themselves have thought our Governors have Deserved in order thereby to make our said Governor the more depen- dent upon them, which pi'oceedings of the said councill and assembly of our said Province in not paying a due regard to the lloyal Pleasure of the crown so often signified to them, wee cannot but look upon as a neglect of their Duty to us in that behalfe, and and as wee judge it highly reasonable & necessary That a Due provision should be made for the support of our Gov"" of our said Province as hath been made fof our other governors of our Plan'^ in America, which have been much less able to grant the same than our Province of New-hampshire : our will and pleasure therefore is, and wee do hereby direct and require you to acquaint the Councill & Assembly of our said Province of New Hampshire that as they hope to recommend themselves to the continu- ance of our Eoyal grace and favor they must manifest the same by an immediate complyance with what has been so often recommended to them in forthwith passing acts to establish a fix'd and hon"^'*^ sallary for the supporting and maintaining the Dignity of our Gov'' or commander in chief for the time being : and wee deem a competent sum for that purpose to be at least two hundred pounds sterling pr annum from our said Province of New Hampsliire and in case the said Councill and As- sembly shall not pay a Due & Imediate regard to our Royal will & pleas- ure hereby signified, wee shall look upon it as a mannifest mark of their undutiful behavior to us and such as may require the consideration of the Legislature in what manner the honour & Dignity of our Govern- ment ought to be supported in our said Province for the future.
A true copy of his Majesty's thirtieth Instruction, to his Excellency, Gov"" Burnet bearing date at St James the 28* day of March in the first yeare of his IMaj'"^^* Reigne.
Certifyed pr Rich'i^Valdron CI-- Con.
A true copy of the Instruction sent down. Examined pr
James Jeffry, Cler assm.
[p. 3.] Prov. of N. Hamy)"" At a General Assembly held at Portsm° by Adj' Thursday April 24*^^ 1729.
Present
His Excellency William Burnet Esq. Governor.
Shad'-' Walton ) ^ Rich'' Wibird ) ^
Geo Jaffrey \ ^^^' Joth Odiorne j ^^^^^
Henry Sherburne Esq.
A message to the Board by Capt. Walker w*'' a vote for a
1729.]
JOURNAL OF THE COUNCIL AND ASSEMBLY. 537
Comitte of Audit viz. Messrs, Weare Atkinson and Thing. The Council concurred & appointed Messrs Wibird Odiorne and Sherburne to joyn in the said service. Adj'^ til tomorrow 10 o'clock a. m.
Prov. N. Hamp''.
At a Gen^ Assem held at Portsni" by Adj* Fryday April 25 1729
Present His Excellency William Burnet Esq. Governor Shad=» Walton ] ^^^ ^ Rich'^ Wibird } -^^ ^ Geo Jaffrey j ^ ^*' Joth Odiorne \ ^ Henry Sherl)urne Esq.
Capt. Paul Wentworth Preferr'd a Petition for a Parish in y*' North East part of Dover read & sent down by y*^ Cler :
A message to the Board by Messrs Pierce & Walker w*'' a vote for postponing y'' payment of the outstanding part of the 15000 lb loan.
At the request of the House,
Adj*^ til Tuesday next.
Prov. of N. Hamp'-.
At a Gen^ Assembly held at Portsm'' by Adj* Tuesday April 29"' 1729.
[Present as before] _ Adj*^ til tomorrow, 10 o'clock, a. m.
[p. 4.] Prov. of N. Hamp'".
At a Gen^ Assembly held at Portsm° by Adjournm' Wed- nesday April 30 1729
Present His Excellency William Burnet Esq Gov'' Shad^ Walton ) y Joth Odiorne ] p
Geo: JafFrey ) ^' Henry Sherburne \ '■' ' Several Quakers Preferr'd a Petition in behalf of tliem- selves and their friends at Dover praying to be Exempted from gathering the Ministers' rates as Constables read and sent down.
538 PROVINCE OF NEW-HAMPSHIRE. [1729.
A message to the Board by Messrs Stevens «& Sanburn w*^ a vote for a Committee to consider of means to ease the borderers on the Divisional line of y^ two Provinces occa- sioned by Easman's & Hazen's Petition on file.
A message to the Board by Messrs Dennet & Jennis with the following vote :
In the house of Representatives Ap'^ 30^'' 1729.
Voted That Capt. Joshua Peirce be the Recorder of Deeds and Conveyances for the Province of New Hampshire for one year from the date hereof and until the next sitting of the Assembly after tlie year is up and that the said Recorder enter upon the several deeds he records and coppys that he gives out the price he takes for doing the same
James Jeffry Cler Assm
In Coun^ Eod die
Read and Concurr'd.
R. Waldron Cler Con.
Mr. McKeen prefer'd a Petition signed by y** Selectmen of Derry praying relief ag^*^ the incroachments of Haverhil People.
Capt Geo: Walker prefer'd a Petition Praying for an Act to Dock an intail &c.
Read and sent down.
Adj. til tomorrow, 10 o'clock, a. m.
Madam Vatighan^s Letter to Gov't & Council. [From MS. Corr. in Secretary's oflBce, vol. I, p. 59.] May it please your Ex'' II and the Hon'hle Council —
As relating to the affaire betwixt my son and Capt. Walker, I am bold to say that injustice to Capt Walker and out of the respect which the family bears him, my son Wm. Vaughan my- self nor any of the Family will oppose the Entail being taken of the Pasture Lands att the Bank, reserving one thousand pounds worth to the five youngest children, according to Col. Vaughan D'^ his will; and if he'l be satisfied therewith the whole family will concur with him in a Pet" to that end and myself will renounce my thirds and my children their Reversionary Right which Providence has given them. By my daughter I have sent a Pet" to your Ex" and the Ilon*^'" Council Bord, which I would have sooner done but that I believe the Attorneys are Engaged by the other side & Refused to act in the matter in my Favour. Your Justice as I am a helpless woman I hope will shield me and my distressed children from the designs of unreasonable people, hi confidence of which I rest,
Your Ex" and the Hon'''"' Councill
most obedient Humble servant
Eliz* Vaughan To his Ex" Will™ Burnet, Esq. Covernor & Commander in chief of the Province of N. Hampshire and the Hon''^'*^ Council.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 539
Prov: of N. Hamp'".
At a Gen' Assem. by Adj. Thursday, May V\ 1729, Present His Excellency William Burnet, Esq. Gov^ Sliad=^ Walton ) ^ Ricli'^ Wibird ")
Geo. Jaffrey \ ^^^^ Jo. Odiorne V Esqs.
H. Sherburne J Tamesin Tibbets Petition, as on file read and dismissed. [p. 5.] Martha Rawlins Petition read, & the Gen' Assem Pray the Gov' to recommend her to the Charity of the Peo- ple.
Eleas*" Wier Presented a Petition praying for an order to revive an order of Gen^ Assembly pass*^ y"^ 25'^^ of April last for a hearing on a Petition of Cap* Paul Wentworth & others. A Message to his Excellency from the House by Messrs Gerrish Sanburn and Stevens with an answer to his Excel- lency's Speech w*^'^ his Excellency was pleased to take to himself(i).
A Message to the Board by Messrs Peirce Walker Tibbets and Winget w*'' a vote for settling a Salary of £200 stcr''' on y® Gov'' for three years.
Adj^' Til To morrow, 10 o'clock A. m.
Pro : N Hamp^
At a Gen' Assem. held at Portsm" by Adj. Fryday May 2*^ 1729.
Present His Excellency William Burnet Esq Gov' His Hon'' John Wentworth Esq Lt. Gov"" Shad=^ Walton ) -p Rich^' Wibird ) ^.
Geo : Jaffrey \ ^^^^' Joth Odiorn, \ ^'^^•
Henry Sherburne Esq. A Message from his Exqellency to the House by the Clerk as follows — Gent^m
I find there was a fixed Salary settled on governor Dudley during his continuance in this goverment and you may believe that I cannot think his ]\Iajesty's Instructions comply'd with by an offer which expresses less confidence in the Present Administration than has been already shewn in a former one.
A message to the House by Messrs. Jaffrey and Wibird Q) This Answer is not found on record. Ed.
540 PROVINCE OF NEW-HAMPSHIRE. [1729.
w**^ the vote of the House sent up yesterday concurrd w*^ an Amendment.
The Committee appointed Ap"" 30*'' last to consider of y® Petition of Eben'' Easman & Rich'^ Hazzen in regard to y® difference al/ the Divisional line of y'^ two Provinces made their Report y* nothing could be done in that affair as they apprehended — as on file.
Adj'^ til to morrow 10 o'clock a. m.
[p. 6.] Pro : N. Hamp""
At a Gen' Assembly held at Portsm" by Adj* Saturday, May B-^ 1729.
Present His Excellency William Burnet Esq Gov'' Shad^ Walton ) ^ Rich'' Wibird ) ^
Geo : Jaffrey \ ^^^^- Joth Odiorne \ ^^^^'
Henry Sherburne Esq. A message to the Board by Messrs. Winget & Stevens w"' the appointm' of a Committee to receive the Records Papers &c. & Deliver to Mr. Recorder Peirce. Adj'' til Tuesday next at 10 o'clock a. m.
Pro : of N. Hamp'"
At a General Assembly held at Portsmouth by Adj* Tues- day May G"' 1729.
Present His Excellency William Burnet Esq Governor His Hon'' John Wentworth Esq. L* Governor Shad^ Walton ) Rich'' Wibird )
Geo : Jaffi'ey > Esqs. Joth Odiorne > Esqs. Tho** Westbrook ) Hen : Sherburne )
The Rev'' Mr Hugh Adams presented a Petition(') pray- ing for some remedy in regard to y*^ debasedness of y** paper Currency &c.
The Committee appointed a Saturday last to deliver y® Records to Mr Peirce did so & produced a rec* for y*^ Same as on file.
Mr Geo Walton Preferr'd a Petition to the Board praying for himself and the children and grand children of the late
(') This Petition not now to be found. Ed.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 541
Gov"" Allen That the Conditions of a grant of land made to them by the Gov"' and Council Anno 1722 may be dis- pensed with so far [p. 7] as that the Petitioners have the time of settlement lengthened out for y® space of ten years next after the expiration of the term mentioned in the Grant and that the Petitioners have liberty to take out a Patent accordingly.
Upon the Petition of the Select-men of Perry Preferr'd the 30"' April last. It is ordered that the affair be laid be- fore the Goverm* of the Mass^ Bay with the desire of this •Board that they will be pleased to take y*^ matter into con- sideration and give direction for preventing any further im- provm* on the controversial lands for the present. The Copys of y*^ papers were D'^ y*^ Gov'' accordingly.
A ^Message to the House by the Clerk w'" an Instruction about Private Acts passing.
Instruction ye 2^th [Copied from Journal of the House, App., p. 599.]
The Governors Instructions sent into the house to be copied.
You are alsoe to take care that no Private act be passed in which there is not a saving of the Right of us our heirs & Success"^ all Bodeys Publick & Corporate, and of all other Persons Except such as are men- tioned in the s*^ act and those claiming by from or under them:
And furtlier you shall take care that no such private act be passed without a Clause suspending the Execution thereof, untill the same shall have received our Koyall approbation: It is likewise our will and pleasure, That you do not give your assent to any Private act untill proof be made before you in Councill (and Entred in the Councill Books) Tliat Publick notification was made of the Parties Intention to apply for such act in the several parrish Churches where the jiremises in Question lye for three Sundys at least successively before any such shall be Bro't into the Assembly.
True copy of his ^Nlaj''*^^* Twenty-fourth Instruction to his Excellencie Gov"" Burnet, dated at the Court of S' James '28"^ March 1728. Examined by Ric'^ AValdron Cler Con.
A true Copie of the Instruction sent down pr Mr. Cler "Waldron May the 7"'1729 : Examine pr Jas. Jeffry Cler Ass""
A Message to the Board hj Messrs. Winget & Jennis w^'' the following vote.
In the House of Representatives May 7*'' 1729.
Voted — That Capt Joshua Peirce and Mr. Eph^' Dennet
be a Committee of this House to joyn with a Committe of
the Upper house to account with and receive from the six
Trustees (for Exch^ the 5384X old Cypher'd bills) That yet
542 PEOYINCE OF NEW-HAMPSHIRE. [1729.
remains in their several hands changed or unchanged and that they make return to the gen^ Assembly of their doings.
James Jeffry Cle"' Asse°^ In Coun Eod die. Read and Concurred — and Messrs. Odiorne and Sherburne appointed for the service above.
R. Waldron Cler Con. Adj'' til tomorrow 10 o'clock a. m.
Pro. N. Hamp''.
At a Gen' Assembly held at Portsmouth by Adj* Thursday May 8«» 1729.
Present
His Excellency William Burnet Esq Govern""
His Hon"" John "Wentworth Esq Lt. Governor
Shad^' Walton ^ Rich<^ Wibird ^
Geo. Jaffrey >Esqs Joth Odiorne VEsqs.
Tho^ Westbrook J Hen: Sherburne J
[p. 8.] A message from his Excellency by Mr. Jaffry to recommend dispatch to the house.
Rich'^ Ward Prison-keeper presented a Petition Praying for an additional allowance for Prisoners board read and voted an addition of ISd per week and sent down.
A Message to the Board by Messrs. Thing and Sanburn w^'^ a vote for non-concurring the amendment of the Board sent down y*" 2*^ inst relating to the settlem* of a Sallary on the Governor.
Adj'' til tomorrow 10 o'clock a. m.
Pro: N. Hamp"".
At a Gen' Assembly held at Portsm'^ by Adj* Fry day May 9«^ 1729.
Present His Excellency William Burnet Esq Govern"^. His Hon"" John Wentworth Esq Lt. Gov"". Shad'-^ Walton ^ Rich'' Wibird "|
Geo: Jaffrey VEsqs. Joth Odiorne VEsqs
Tho^ W^estbrook J Henry Sherburne j
A message to the House by Messrs Jaffrey Westbrook and Sherburne to recommend to them a reconsideration of the Council's amendment of their vote for settling a salary on his Excellency the Governor.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 543
Ordered, That Mr. Adams Petition Presented and read on Wednesday the 7"' curr* be dismissed.
A Message to the Board by Messrs Atkinson Dennit Mathes and Stevens to pray liberty to retract their vote for settling a Salary on the Governor for three years sent up y® ;[st curr*, who presented in the room thereof another for set- tling the salary for three years or during his Excell''^''' con- tinuing Governor as comprehended in y*^ Salary Act.
Ordered in both Houses That a Bill be prepared for col- lecting the present years tax by the last years proportion
Adj'' til tomorrow 10 o'clock a. m.
Pro: N. Hamp^
At a General Assembly held at Portsm° by Adj* Saturday May 10 1729.
1 rospiil" The Gov\ The Lt. Gov^ Shad"^ Walton "^ Eich'» Wibird^
George Jaffrey )>Esqs John Frost (^) vEsqs. Tho" Westbrook j Joth OdiorneJ
H. Sherburne, Esq. [p. 9.] A message to the Board by Messrs Stevens & San- born with the following votes and allowances viz :
A vote of the House Desiring the Gov' to forbid the Powd'' Receiver to receive any Powd' from the Coasting Sloops. Vote for a Committee to draw y*^ Salary Bill :
In the House of Representatives May 9 1729, Voted That there be paid out of the Publick Treasury the sum of Eighteen pounds fifteen shillings for one year <fe quarter, and nine pounds for the return of Jurors for the same time which ends the last day of April 1729.
Jam^ Jeffry Cler Asscm. In Couni May 10"^ 1729.
Read and concurred.
R Waldron Cler Con
Q) JoH>f Frost was son of Major Charles Frost, who Avas killed by the Indians at Kittery, July 4, 1697. (See Farm. Belk. p. 14:3.) He was born March 1, 1682. His wife was Mary, sister of Sir William Pepperill. She married, successively. Rev. Benjamin Colman, d. d., of Boston, and Rev. Benjamin Prescott, of Danvers, Ms., and died in 1766. Councilor Frost had seventeen children. George, the eleventh child and the sixth son, was a councilor three years in the time of the Revolution, and a delegate to the old Congress. [Farm. Belk, App. p. 411-12.] Ed.
544 TROVINCE OF NEW-HAMPSHIRE. [1729.
In the House of Representatives May 9"^ 1729. Voted That James Jeffry be paid out of the Puljlick Treasury the sum of fifteen pounds for his service as Cler : of y*^ Assem from 19 Nov. 1727 to y« 19 Nov^ 1728.
Jam* Jeffrey Cler Assem. In Coun May 10*^ 1729.
Read and Concur'd.
R Waldron Cler Con.
A message to the Board by Messrs Walker and Capt Mathes av^'' a vote for Postponing y*" outstanding part of y*^ £15000 w*^ some additions to it as it was sent up y^ 25 Curr' w'^'' the Council concur'd as on file — w'^^' is compre- hended in the Act &c.
Adj'^ til Monday next 10 o'clock a. m.
Pro: N. Hamp''.
At a Cen' Assem held at Portsm° by adjornm* Monday May 12^"^ 1729.
Present His Excellency William Burnet Esq Gov"". His Hon''. John Wentworth, Esq Lt Govern'. Shad=* Walton ) John Frost J
Geo: Jaffrey > Esqs Joth Odiorne > Esqs Rich^ Wibird ) Hen Sherburne J
The Select men of Rye prefer VI a Petition Praying for a line between them & Hampton. Read & sent down. J
Abj*^ til tomorrow, 10 o'clock a. m. ■
[p. 10.] Prov N. Hamp"-.
At a General assembly held at Portsmouth by adjournm' Tuesday May 13"> 1729.
Present His Excellency William Burnet Esq Gov^ His Honor John Wentworth Esq Lt Gov^ Shad'^ Walton ) John Frost )
Geo: Jaffrey > Esqs Joth Odiorn > Esqs R Wibird ) Hen Sherburne )
A message to the Board by Messrs Dennet & Jennes w**^ the auditors report as follows :
No. 1. Allowed John Robinson for -n-ork at Fort, £50 : 3:6
2. To Tho* Packer for fire and candles to be
deducted out of y* agreem' w*'' Packer £ 5 : 0:6
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 545
No. 3. To John Sherburne for work at y« Fort £ 2 : 7:0 4. To Jno. Trnndy for dieting Robinson & son £2:8:0 o. To Josh"' Wingat for entertainment in receiv- ing the Governor £ 9:12:1
6. To Steph" Greeuleaf for tobacco for lud"^ £ 0:10:0
7. To Kenj" Akerniau as doorkeeper £10: 0:0
8. To Rich'i Perry for Iron at y'' Fort £17 : 13 : 0
9. To Jno Culberson fetching Timb-- & PLink £10 : 4:6
10. To Walf^ Warren for wor\ at y« Prison in 1727 £ 2; 0:0
11. To Ditto for ditto work 1728 £ 6 : 13 :0
12. To Sam' White for work at y<^ Prison 1728 £ 3:18:2
13. To Tho Ilamet for canvas for fort boat £ 1 : 7:0
14. To Clem* Hughes abatem' Excise for 1728 £ 6: 1:4
Natli' Weare R Wibird
Theo Atkinson H Sherburne
Bart'' Thing
111 tlic house of Representatives May 13 1729. Voted — That tlie above report be accepted, and that the several Persons be paid out of the Puldick Treasury the several sums as carryd off.
Ja" Jeffry Cle"" ass"^ In Council Eod Die. Read and concurr'd.
R Waldron Cler Con. A Message to the House by Messrs Jaflfry Odiorne & Sher- burne yv^^ a vote of Coun for an Agent. [p. 11.] A Message to the Board by Mr Atkinson w^"" the Salary bill pass'd to be Engross'd.
A Message to the Board by Messrs Wingat & Tibbets w*^' a vote for Mr Dennet to collect the Interest of the 1700 ii w*^^' was sent back for amendment.
Adj'' til tomorrow 10 o'clock a. m.
Pro : N Hamp''
At a general Assembly held at Portsmouth by adjourn- ment Wednesday May 14 1729.
Present His Excellency William Burnet Esq Gov'" His Hon'' John Went worth Esq Lt Gov'' Shall^' Walton \ John Frost )
Geo. Jafifrey > Esqs Joth Odiorne > Esqs Rich'' Wiljird ) H Sherburne )
Several Bills sent up by Messrs Atkinson Stevens & Sand- burn pass'd to be Engross'd. 35
546 PROVINCE OF NEW-HAMPSHIRE. [1729.
His Excellency was pleased to declare in Councill that he freely quited to the Lieut Gov' one third part of the Salary to be settled on him by a revenue act to be paid half yearly out of y*" Treasury and ordered that warrants be Issued out accordingly for two thirds to himself and the remaining third part to his Hon'' desiring the continuance of the s*^ act.
A Message to the House Ijy Col Walton & Capt Sherburne ^tu yo votes of y® house for fixing 2h per cent allowance to y^ Trustees for Exchanging &c & appointing Mr Dennet ColP of y*" llOOJj Interest both non-concurr'd.
A Message to the Board by Cap* Tibbits with a vote of the House for adhering to their former vote of 2i per cent for y" Trustees.
Mr Frost from the Committee reported a bill for re-emit- ting y® 101 a £ now in the Treasury w'^^' was past to be En- gross'd.
Adj*' til tomorrow, 10 o'clock a. m.
[p. 12.] Pro: of N. Hamp^
At a Gen^ Assfem held at Portsm" by Adj' Thursday May 15 1129.
Present His Excellency William Burnet Esq Gov"". His Hon' John Wentworth Esq. Lt Gov^ Shad^' Walton ^ Ricli^^ Wibird^
Geo: Jaffrey VEsqs. Juo Frost VEsqs.
Tho^ Westbrook j Joth OdiorneJ
A Message to the Board by Messrs Peirce Gerrish and Stevens with the following vote.
In the House of Represent" May 15^^ 1729, Voted That his Hon' the Lieut Gov' be paid out of the Excise now due the sum of one hundred pounds as Com- mander-in-chief from j\Iay 1728 to the time of the new set- tlement in November last past
Jam Jeffrey Cler assem. In Coun Eod die
Read and Concurred.
R Waldron Cler Con.
A message to the Board by Messrs Peirce Atkinson Den- net and Sanburn whh the following allowances and votes pass'' in both Houses :
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 547
To Rich'i AValdron for one year as Cler Con. endinif 25*^
April 1729, £75: 0: 0
To Hen. Sherburn Innhold'' for Pub. Expences, 3: 0:0
To Benj" Ilust for a year & half's bouse rent fire &c. end- ing y'' 10"^ April last, £21: 6: 6 being deducted for Mr. Packer for wood & candles, £17: 19: G
May 15 1729 allow'd. Jam Jeffry Clr Ass.
In Coun Eod die. Concurred. R Waldron Cler Con.
Whereas the affair of the Boundary lines between this and the Province of the Mass* and the Stores for his Majes- tys Fort William and Mary that have been so long solicited for are yet depending before the King in Council, and the issuing thereof has in a great measure been prevented for want of the agents being enabled to prosecute the same and his Commission being now determined : [p. 13.] Voted That his Excellency be desired to Com- missionate Mr Henry Newman our former Agent for this Province and that the sum of one hundred pounds sterling be sent to said Newman to enable him to prosecute the above affairs and any other matter that relates to this Province. May 13: 1729. R Waldron Cler: Con.
In the House of Represen*^ May 15, 1729. The above vote read and Concurr'd with this amendment That instead of one hundred pounds sterling to be sent to said Agent, that the money due to the Province in the hands of Mr John Penhallow together with the interest due on the several bonds given for the 1730 be appropriated for the use aforesaid.
J. Jeffrey Cler Assem Eod die In the House Read and re-considered and voted that two hundred pounds this currency or the value thereof sterling be sent to our agent and the debt and interest above mentioned be ap- propriated to that use, and that the Treasurer be directed and impower'd to sue for the same.
Jam Jeffrey Cler assem. In Coun Eod die. Read and concurr'd.
R Waldron Cler Con. In the House of Represen*^ May 15*'^ 1729. Voted That Theod^^ Atkinson Esq and Mr Eph* Dennit
548 PROVINCE OF NEW-HAMPSHIRE. [1729.
be of the Committe from this House to jojn with a Com- mitte of the Upper house to write Mr Agent Newman and give him further Instructions about the lines and stores.
J Jeffrey Cler assem. In Coun Eod die Read and Concurred.
R Waldron Cler: Con.
In the House of Represent* May 15^11 1729, Voted, That Mr Theo : Atkinson be a Trustee from this House to joyn with one to be [p. 14] appointed above to re- ceive from the former Trustees the money that remains in their hands with what is already received from them for Ex- changing the old cypher'd bills, and that they be allowed two and half per cent for what shall be exchang'd by them til further order.
J Jeifry Cler Assem. In Coun Eod die Read and concurred R Waldron Cler Con.
In the House of Represen'-'^ May 15 1729, Voted That Theodore Atkinson Esq and Mr. Joshua Peirce be a Committee of this House to joyn with a Com- mittee of the upper house to let out the Excise of this Pro- yince for any term not exceeding three years to the highest bidder, and that they take sufficient security payable every year to the Treasurer.
J Jeffrey Cler assem. In Coun Eod die Read and concurr'd and Messrs Wibird & Sherburne are appointed to joyn in the service above.
R. Waldron Cler Con.
In the House of Represen*^ May 15 1729. Voted — That the five hundred pounds due from sundry Inhabitants of the Town of Kingston which was let out at three per cent per annum be received by the Grand Comitte in three payments as per the late act is provided for those that are indebted for the fifteen thousand pounds and that instead of the 3 pr ct pr an each person pay ten per cent on the whole sum each person received of the said mony, and
1729.] JOURNAL OP THE COUNCIL AND ASSEMBLY. 549
that the mony so received 1)e put into the Treasury from time to time as it shall be received.
Jam Jeffry Cler Assem In Conn Eod die Read and concurr'd. R. Waldron Cler Con.
In the House of Represent^ May 15, 1729 Voted — That Nath' Weare and Theod"^*^ Atkinson Esqs and Cap* Joslr'^ Peirce be of [p. 15] the Committe from this house to joyn with a Committe of the upper House to meet the Committe that may be appointed by the Province of the Mass"^ Bay to run the west line from three miles to the north- ward of the mouth of Merimack river & to run as far west for the present as the town of Dunstable the west side the river that runs down into Merimack.
Jam Jeffry Cler Assem
In Coun Eod die Read and Concurr'd and Messrs. Walton & Jaffrey ap- pointed to joyn with the gentlemen above for the service above. R Waldron Cler Con
In the House of Represent* May 15*^' 1729. Voted — That the Treasurer shall receive the present year's tax from the several Constables in this Province in any Pass- able bills of Credit of any other Province as Avell as the bills of this Province.
Jam : Jeffry Cler Assem In Coun Eod die Read and Concurred.
R. Waldron Cler Con
In the House of Represent* May 15 1729.
Voted — That his Excellency be desired to direct the
King's Attorney to put the bonds given for payment of the
Excise in suit in case the ballance due thereon be not paid
in a months time from the rising of the Present Assembly.
Jam Jeffry Cler Assem In Coun Eod die Read and Concurred. R. Waldron Cler Con
Mr. Treasurer Jaffrey's Gen^ Acct Currant was this day settled w"' the Gen" Assembly & the ballance due to the said Treasurer thereby is £2-dl : 13 : 9
as at large on file.
His Excellency was pleased to communicate his 30"' In-
550 PROVINCE OF NEW-HAMPSHIRE. [1729.
structioii to the Board, relating to appeals to y° Gov"^ & Coun- cil -w'^^ was ordered to be filed.
[p. 16.] Cap^ Penhallow preferr'' a Petition praying for an allowance out of the Treasury w'^'' was read & sent down and return'd w*'^ a vote to be dismissed and Cap^ Walton and Mr. Atkinson are desired to acquaint ]\Ir. Penhallow with the reasons thereof.
Shad Rogers presents a petition praying for an allowance for CoP Dudley's expences &c Ordered to lye for consid- eration til y^ next session.
A message to the House by the Cler to require their attend'"* at the Council Board the Speaker and House came up accordingly and the several Bills whose Titles are hereafter mentioned having had their several readings in botli Houses and being pass'd to be Enacted were sign'd & sealed in Pres- ence of the Gen' Assembly — namely
l'^'. An act for settling a Salary of two Imndred pounds sterls or six hundred pounds Province Bills pr annum on his Excellency William Burnet Esq Governor & Comaud"^ in Chief in and over the Province aforesaid to and for the support of the same
2'^. An act In addition to an act entituled an Act for the making and emitting the Sum of fifteen thousand pounds in bills of credit &c and for the postponing the paym'* therein mentioned.
3'''^. An act for Postponing tlie payment of one tliousand & seventy six pounds & sixteen shillings.
4"^. An act in addition to an act made and passed for the better se- curing the Payment of Prison charges.
5"^. An act for Establishing the Proportion of the several Towns to be paid in the Province Tax lor the year 1729.
Then his Excellency was pleased to Prorogue the Gen' assembly and accordingly they were Prorogued til the sec- ond Thursday of Octob'' next
Further Prorogued by Proclamation til Tuesday Xovemb'' 25"' 1729.
[p. 17.] Pro of N. ^amp^
At a general assembly held at Portsmouth bv Prorogation Nov' 25''' 1729.
Present His Honor John Wentworth Esq'' Lt Gov^ Shad^ Walton "l Geo Jatfrcy > Esqs Joth Odiorne j Prorogued til the 9 of Dec"" next
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 551
Pro of N. Hamp''.
At a gen' Assembly held at Portsmouth by Prorogation Tuesday Dec' 9*'^ 1729.
Present His Hon' John Wentworth Esq Lt Gov'. Shad^ Walton ) ^ Rich'^ Wibird ) -^
GeoJatfrey \^''^^ Joth Odiorn J ^^^' H. Sherburne Esq. A message to the House by the Clerk to require their at- tend'^ at the Council Board ; they came accordingly to whom his Hon' was pleased to make a speech w'^'' was deliver'd to the Speaker and not return'd (^). Adj*^* til to-morrow 9 o'clock A. M.
Pro of N. Hamp"".
At a gen' assem held at Portsm° by Adj* "Wednesday Dec. lO^"^ 1729.
Present
His Hon' John Wentworth Esq Lt Gov'
Shad^ Walton ) ^^ ^ Ric^ Wibird ) ^^ ^
Geo Jaffrey \ ^ Joth Odiorne ) '^'
H Sherburne Esq.
Mr Jos : Jones preferr'd a Petition to the Board directed to the Gen' assembly, praying that he and sundry otliers might not be sett off to Cochecho Parish read and sent down.
A Message to the Board by Cap* Winget and Mr Goffe w*'* the Report of the Committee for dividing the town of Dover into three Parishes, together w*'' the Petition of Jos : Jones sent down in the morning both w'^'^ were returned to be further consider'd of in the House.
[p. 18.] A message to the House by the Cler : Con. to re- quire their attend'^ at the Council Board upon a Conferrence relating to the Report of the committee for dividing Dover <fec. they attended accordingly and the matter being fully discoursed they withdrew, and then the Clerk was sent down w**" a vote for granting leave to the Petitioners of the North- east part of Dover to bring in a Bill for incorporating them into a Parish.
Adj*^ til to morrow 10 o'clock a. m.
Q) " Not return'd " — The Journal of the house says, " Mr Speaker ob' [obtained] a Coppy & Returned." The Speech not now to be found. — Ed.
552 PROVINCE OP NEW-HAMPSHIRE. [1729.
Pro of N. Ilamiy
At a Gen' Assembly held at Portsm" by adjournm^ Dec IP' 1729.
Present His Hon'' John Wentworth Esq Lt Gov^ Shad=» Walton I ^^ ^ Ric^' Wibird ) -^^ ^ Geo Jaffrey \ ^' Joth Odiorne ] ^ Hen Sherburne Esq. A message to the Board by Messrs Atkinson and Gerrish w"' an answer to the Lt Gov" Speech also the following vote. In the House of Represent^ Dec 11 1729. Voted — That there l)e a committee of this House to joyn with a committee of the upper house to tell over the several Parcells of money now in the Treasury, to be burnt or re- peated, and make their return to the Gen' assembly, and that Theo Atkinson Esq and Mr Eph^ Dennet be the Committee from this House for that end.
Jam Jeffry Cler assem.
In Coun Eod die. Read and concurred and Rich Wibird and Jotham Odiorne Esqrs appointed for the service above.
R Waldron Cler Con. Adj'' til to morrow 10 o'clock a. m. Pro: of N. Hamp''.
At a Gen' Assembly held at Portsm'^ by adj* Fryday Dec. 12 1729.
Present
His Honor .John Wentworth Esq Lt Gov*".
Shad'-^ Walton ) ^_, ^ Rich" Wibird \ ^
Geo: Jaffrey ) *^ Joth Odiorne \ ' ^
H Sherburne Esq.
[p. 19.] A message to the Board by Mr. Sanburn w"' a vote
for preparing a bill for next years Province rate to be paid
by the present years proportion w°" was concurr'd.
Eben'" Tuttle preferrd a Petition for docking an intail w'^'' was read and also Mad™ Rogers Petition w'"' has lain under consideration since last session and both sent down l)y the Clerk.
Capt Paul Wentworth by the leave of the Court presented a bill for Erecting A Parish in y'' N East part of Dover Read past and sent down by the Clerk.
1729.] JOURNAL OF THE COUNXIL AND ASSEMBLY. 5o3
A message to the Board by Messrs Sanburn & Jeiniis with a vote of the House for re-emitting upon loan the bills now to be burnt.
By the same message Eben"" Tuttles Petition (sent down in the morn) voted to be dismissed.
Adj'^ til tomorrow 10 o'clock a. m.
Pro: of N. Hamp^
At a General assembly held at Portsm°. by Adj' Sathur- day Dec 13^'' 1729.
Present His Hon"" John Wentworth Esq Lt. Gov''. Shad^' Walton | ^^^ ^ Kidt' Wibird ) ^^ ^ Geo: Jaffrey \ ^ ^' Joth Odiorne ) ^
A message to the House by Geo: Jaffrey and Joth Odiorne Esqs with the vote of the House sent up yesterday for re- emitting some bills at loan non-concurred and to propose y'^ re-emission of a 1000£ for a Stat house.
A Message to y'' Board w"' Rye Petition & vote y'''^on. xidj'^ til Monday next 1 o'clock p. m. Pro: of N. Hamp^
At a General Assembly held at Portsm° by adj^ Monday Dec 15: 1729.
Present His Hon"- John Wentworth Esq Lt Gov"-. Geo: Jaffrey Esq & Joth Odiorne, Esq. Adj'' til tomorrow, 10 o'clock, a. m.
[p. 20.] Pro: of N. Hamp^ •
At a Gen^ assembly held at Portsm" by Adj* Tuesday Dec^ 16 1729.
Present His Hon"^ John AVentworth Esq Lt Gov''. Shad=* Walton J John Frost J
Geo: Jaffrey > Esqs. Joth Odiorne > Esqs. Rich'^ Wibird ) H Sherburne )
A message to the House by Mr Odiorne with the Rye Pe- tition & vote thereon to be reconsidered and amended.
A message to the Board by Messrs Goffe & Sanburne with the following allowances Pass'd in both Houses.
|
£ 9: |
5: |
0 |
|
£32: |
13: |
6 |
|
£ 3: |
0: |
0 |
554 PROVINCE OF NEW-HAMPSHIRE. [1729.
To Theo. Atkinson Esq fetching Gov. Burnet's Commis- sion from Boston
To John Robinson for Timb'' & work at.the Fort
To Thos Harvey for Publick Expences
To Jam^ Jeflrry for a years service as Cle"" Assem ending
19*Nov^ 1729 £15: 0: 0
By the same message a vote for allowing Benj* Rust for lialfe a years house rent w*^'' was sent back by the Clerk with orders to acquaint the House when the year shall expire the Board will consider of the allowance.
A message to the Board by Messrs. Deniiit and Stevens w"' Rye Petition and vote thereon likewise an allowance to Rich'^ Perry & tlie Bill for erecting a new Parish in the N East part of Dover.
Capt. Paul Gerrish Preferred a Petition to the Gen' assem signed by near three-score of y*^ Principal men in Dover praying an order to rectify some abuses suffer'd by Dover Tovv'n books of Records by the fault of the late Town Clerk as they apprehend which Petition obtained the following order.
In the House of Represent® Dec. 16, 1729.
On the Petition of Capt Paul Gerrish and others,
Voted That the Clerk of the said town of Dover for the time being be hereby prohibited entering any old Comittee Grants tliat are suspected not to be legally obtained and to enter only such grants as have been or may be allowed by said Town or [p. 21] the Selectmen thereof until the next sitting of the General Assembly and that there be a Com- mittee chosen by the General assembly to go to the Town Clerk for the time being who is hereby required to show unto such Committee such entrys matters and things as he or any of the said Town suppose to be done by ill practice, and the said Committee shall by virtue hereof summon be- fore them all such persons that can give any light in Explain- ing any matters or things which they may see occasion to examine into for discovering the truth and detecting such vile practices and to give such Person or Persons their oaths and to make return of tlicir doings therein to the Gen' as- sembly next session, and that Nath' Weare Esq and Theo Atkinson Esq. be a Committee of this house to Joyn such as shall be appointed above for that end and that the Petitioners pay the charges.
Jam Jeffrcv Cler Assem.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 55o
InComiDeclS, 1729. Read and Concurr'd and Joth Odiorn & Heniy Sherburne Esq' appointed for the service above.
It Waldron Cler Con. Adj"" 'til to morrow 9 o'clock, a. m.
Prov : of N Hamp'
At a Gen' Assembly held at Portsmouth by adj' WedneS' day Dec 17, 1729.
Present His Hon"' John Wentworth Esq Lt. Gov""
Geo : Jaffrey \ ^ Joth Odiorne
H Sherburne Esq. A message to the Board by Messrs Peirce and Walker w*'' the following allowances and vote Pass'd both Houses.
To Tho" Packer for finding wood for the Judges of Sup""
&Inf^ Court £1:0:0
To Rich'^ Waldron for Extra service in preparing 2 sets
of Commissions one in Gov. Burnet's, y*^ other in Lt.
Gov' Went« name £3-1 : 18 : 0
[p. 22.] Whereas the Act of this Government for the set- tling a Salary upon Governor Burnet is by his death expired(^) and the Act for laying an Excise upon liquors having some reference to said Act for settling a salary w"^ may cause some disputes whether the said Act is not also Expired : &c Therefore
In the House of Represent^ Voted — That it was the intent and meaning of the Legis- lature that the said Excise Act so far as related to the Ex- cise should be in force until three years from the Publication thereof. Dec. 17 : 1729. Jam« : Jeffrey Cler Assem.
And that the mony collected by Virtue of the s* Act shall be from time to time applyed for the paying the allowances made by the general Court. Dec 17 1729. Jam' Jeffrey Cler Assem
(I) Gov. Burnet's death, which occurred Sept. 7, 1720. was occa- sioned, it was said, by oversetting his carriage upon the causeway at Cambridge, Ms., when the tide was high. A violent cold and fever ensued. An interesting sketch of his life and character is found in Allen's Am. Biog. Die. Ed.
556 PKOVINCE OF NEW-HAMPSHIRE. [1729.
In Coun Eod die Read and Concnrr'd. R. Waldron Cler Con.
In Coun Dec^ 17 : 1729. Ordered That whereas in the Charter of Gihnanton, It is express'd that the bounds of s*^ Town shall run from the head of Barnstead norwest two miles then west to Winni- pishoky pond, which last point of West should have been Express'd North to the pond the same being so intended by the grantors and is hereby so Explain'd and declared.
R Waldron Cler Con. A message to the Board by Messrs. Dennet, Sanburn and Stevens, w"^ the following allowances pass'd in both houses, and votes.
To Solomon Cotton for Publick Expenses £0 : 15 : 0
To H. Sherburn Esq for Canvas for Fort boat 2:12:6
To Eph'' Dennet for gathering interest mony, 3 : 0:0
By Mr. Dennet and Mr. Sanburne a vote of the House for raising 2h per cent Interest on y® 1730X to 6 pr. Cent.
A message to the Board hy Mr. Jennes w'^ the Petition of y° Selectmen of Rye & votes thereon w*^^ was sent up y® IS*"^ return'd y" 16"' Instant for reconsideration as on file.
Adj'' til tomorrow 10 o'clock, a. m.
[p. 23.] Pro : of N. Hamp-^
At a General Assembly held at Portsmouth by Aclj' Thurs- day Dcc^ 18"' 1729.
Present His Hon'' John Wentworth Esq. Lt Governor. GeoJaffrey ) Jno. Frost ^
Shad Walton V Esqs. Joth Odiorne > Esqs
Rich'' Wibird ) H Sherburne )
A message to the board by Mr Peirce w'^ a vote of allow- ance to Rich'' Perry for Smith's work at the fort pass'd both houses for the sum of £6 : — : 8
By the same Messaixe a Bill for reviveing the Trespass Act.
A message to the House by Messrs. Jaffrey and Odiorne w"' the vote sent up yesterday for advancing y® 2| to 6 pr Cent to be reconsidered, which was immediately bro't back again but is not concnrr'd
Adj'' til tomorrow 10 o'clock A. M.
1729.] JOURNAL OF THE COUNCIL AND ASSEMBLY. 557
Pro : of N. Hamp''
At a Geii' Assembly held at Portsmouth by Adj'^ Fryday Dec-- 19, 1720.
Present His Hon"' John Wentworth Esq Lt Gov'' Shad-'Walton ) -p Rich-' Wibird 1 -^
Geo : Jatfrey / ^'*1' Joth Odiorne / ^'^'• II Sherburne Esq.
Mr. Eben'' Stevens Preferr'd to the Board praying in be- half of the Proprietors of Kingston for a confirmation and Explanation of their Town Bounds which was read and ordcr'd to lye for consideration til y'' Petitioner lay a Plat of y® Township before the Board.
A message to the Board by Messrs Walker & Stevens with tlie following votes & allowances pass'd both Houses.
To Eleaz"" Russell for Paper books, <fcc. for the Publick £9:6:2. .
A vote for re-emitting seven hundred pounds etc. as com- prehended in the -Act.
[p. 21.] A message to the House by the clerk to require their attend-'^ at the Council Board the Speaker and House came up accordingly and the several Bills whose titles are hereafter mentioned having had their several readings in both Houses & been pass'd the same were signed and sealed in the Presence of the general assemljly : viz.
1*'. An act for reviving and further continuing an act made and past the 12 day of December 1724, entituled an act in addition to an act made in the 13 year of the reign of King William the Third Entituled an Act against Trespasses in Town Commons and an Act made in y* sixth year of Queen Ann Entituled an Act to prevent Trespasses.
2'^. An act for Establishing the Proportion of the several Towns to be paid into the Treasury in the Province tax for the year 17'^>0.
3'^ An act for Postponing the payment of seven hundred Pounds.
4"^. An Act for setting of the Northeast end of the Town of Dover, and Erecting a Parish by the name of Summersworth.
Then His Hon'' was pleased to Prorogue the General Assembly and accordingly they were Prorogued. To the last Tuesday in May next.
558 PROVINCE OF NEW-HAMPSHIRE. [1730.
[p. 25.] Pro : of N. Ilamp"^
At a Gen' Assembly especially Convened (upon Expecta- tion of the arrival of Gov' Belcher) April 23*^ 1730.
Present, His Hon' John Wentworth Esq Lt. Gov'
Henry Sherburne Esq. His Hon' the Lieut Gov' made a Speech to the House of Eepresentatives who being sent for attended at the Board, the suljstance of which was a recommend^ of making suita- ble provision for the Gov'* reception and entertainment. It was deliver' d the speaker & not return' d.
A message to the Board w*^ the following vote.
In the House of Represen*^ April 23*1 1730. It is the advice of the House, That the Expcnces of his Honor the Lieut Gov' and the two gentlemen of the Council that intend to wait on his Excellency after his arrival at Boston that their Expences be paid out of the Publick Treas- ury and also that the Expences of the General Assem and Council that shall wait upon his Excellency at his arrival into this Province as far as at the line be paid out of the Publick Treasury and that Theo. Atkinson, Esq', and Mr. Eph* Dennet be of the Committe from this House to Pro- vide for the Entertainment ol his Excellency at his arrival here, and to do it after they hear of his arrival at Boston and that the Treasurer supply them with momy.
Jam Jeffry Cler Assm. In Coun Eod die Read and Concurred. R. Waldron Cler Con.
Prorogued Til 25*'' August next.
ADMINISTRATION
GOVERNOR JONATHAN BELCHER.
Journal of the House from 25 August^ 1730, to October W, 1737.
NOTE BY THE EDITOR.
Tlie Records which relate to the Administration of Governor Jona- than Belcher are contained in the "Journal of the Council and Assembly," in the Secretary's office, from August 25*, 1730, to March 18, 1711; also in the "Journal of the House" from August 25*, 1730, to February 25*, 1740. It will be noted that after the first year of Gov. Belcher's administration, the records of the Council and Assem- bly are comparatively scanty and imjjerfect, while on the other hand the records of the House of Representatives are full and comiilete. The reason of this seems to be that so long as the controversy was pending respecting the Boundary Lines between the Provinces of New- Hampshire and Massachusetts, the House was obliged to take the lead in all active measures in relation to that end. The Governor and Council, though professedly desirous of settling the boundaries, yet did not often concur in the measures proposed.bythe House: consequently the latter body was obliged to act in many cases independently, and at last gained their object, only by appeal to his Majesty in Council. In presenting therefore the Records of this period, 1730-1741, the Editor has thought best first to print the '■'■Journal of the House " entire, with the Governor's Speeches and the Answers thereto; and to annex the ^^ Journal of the Council and Assembly,'^ containing all matters 7iot in- cluded in the Journal of the House. By adopting this method, we avoid repeating in print the matter which is common to both Journals.
The Editor would also note that in the bound MS. volume contain- ing the "Journal of the House, 1724-1743," there is a duplicate record of the proceedings of the House during a portion of Gov. Belcher's administration: the first extends from p. 175 to p. 304: the second from
560
PROVINCE OF NEW-HAMPSHIRE.
ri730.
p. 305 to p. 528. The latter is a copy mostly in the hand writing of the late John Farmer, Esq., who was employed to collect, arrange and copy the original records and files in the Secretary's office. In com- mencing a copy of the Journal of the House, in Gov. Belcher's time, 1737, Mr. Farmer says, in a note, " A portion of the following Records is contained in the last 129 pages [i. e. of the MS. vol.], but it will be perceived that many things are omitted in the preceding pages from 25 Aug. 1730, particularly the Messages and Speeches of Gov: Belcher, and the Answers of the House to them, which will be found in the fol- lowing new transcript — faithfully copied from a Record of large folio size, of 110 pages in sheets unbound." The Editor has followed the transcript made by Mr. Farmer.
[p. 307.] Anno Regni Regis Gcorgii Secundi, Magnce Bri- tannia?, Francice. et Hebcrnise d(3 Quarto.
A Journal of the House of Representatives ol his Majes- tie's Province of New Hampshire in New England, began and held at Portsmouth, in the Province aforesaid, August the 25*'^ Anno Dom. 1730.
Tuesday August the 25^'' 1730. The House met accord- ing to Prorogation by Proclamation of the Hon''''' John Went- w^orth, Esq. Liv* Governor and Commander in chief in and over said Province.
The persons that represented the several Towns in Gen'' Assembly are as follows, viz.
For Stretham Portsmouth
Dover
Hampton
Exeter
New Castle
Rye
Kingstown
Newington
Londonderry
Andrew "Wiggin, Esq. Speaker ( Joshua Pierce, Esq < Capt. George Walker ( Mr. Ephraim Dennet ( Paul Gerrish, Esq. } Capt. Samuel Tiljbets ( Capt. Francis Mathews
S Nathaniel Weare, Esq. Capt. Joshua Wingate, Mr. John Sanborn \ Samuel Thiug, Esq. I j\Ir. Bartholomew Thing Tlieodore Atkinson, Esq. Capt. Richard Jennes Capt. Ebenezer Stephens John Downing, Esq. Mr. John Gotf.
1730.] JOURNAL OF THE HOUSE. 561
V
His Excellency, Jonathan Belcher,(') Esq. came into the Province tlie same day, and in the Council Chamber opened & [p. o08.] Proclaimed his Comiss" as Gov"" & Comander in Chief in and over his Maj^'*^* said Province of Xew Plamp- shire, and then adjonrned the Assembly to the 26*'' curr*. Wednesday August 26'" A. D. 1730.
His Excell'' came to the Council Chamber.
A Mess"" from his ExcelP' pr the Clerk of the Council (-) viz. Tliat his Excell^' required the attendance of Mr. Speaker
Q) Gov. Jonathan Bclclier was the son of the Hon. Andrew Belcher, one of his Majesty's council in the province of Massachusetts; born Januaiy, 1681, and inherited a large paternal estate. He was educated at Harvard College, where he was graduated in 1699. Not long after, he visited Europe, where he spent six years, and was treated with dis- tinguished notice. He was twice at the Court of Hanover, Germ., be- fore the Protestant succession took place in the family of Brunswick, and received from the princess Sophia a gold medal. He was graceful in his person, elegant in his manners, and aspiring in his disposition. On the death of Governor Burnet, he succeeded to the Government of Massachusetts and New-Hampshire in 1730. In that eminent station he was indulged the e.xercise of that power to which he had aspired. " The council never enjoyed less freedom than in his time. He pro- posed matters for their sanction, ratlier than advice, rarely failing of a majority to approve of his sentiments." The records which follow will show that Gov. Belcher was not only arbitrary in many of his pro- ceedings, but partial to Massachusetts, and unfriendly to New Hamp- shire interests: v.-hile his professions were fair, his intentions and acts were often one-sided and unjust. The opposition he met with from a part of tlie council and from a majority of the Representatives in the House was, for the most part, well founded. His conduct in relation to the settlement of the boundary lines between the Provinces, was the chief cause of the troubles that rendered his administration unhappy, and that led to his removal from office. His private correspondence with Secretary Waldron — specimens of which are given in this volume ^must be regarded as discreditable to him. After his dismission from office he resided for some time in Milton, M=i., but visited England and so far gained the royal favor that in 1747 he was appointed Governor of New-Jersey. There he spent the remainder of his life in tranquillity and honor. He died at Elizabethtown, N. J., Aug. 31, 17.37, aged 70 years.. His remains were brought to Cambridge, Ms. and entombed. Ed. [See Allen's Biog. Die. & Holmes' Ann. vol. H. p. 78.]
(-) Present in Council
His Excellency Jonathan Belcher, Esq. Gov''.
His Hon'' John Wentworth. Esq. Lt. Gov^ Sh'.\d'' Walton ) Jno. Frost )
Geo. Jaff'ry - Esqs Joth Odiorn > Esqs.
Richard Wibird ) H. Sherburne)
38
562 PROVINCE OF NEW-HAMPSHIRE. [1730.
& the House in tlic Conncil Chamber. Mr. Speaker and the Honse went up accordingly. His Excellency made a speech. Mr. Speaker ol)tained a coppy thereof. The clerk of the council also gave Mr. Speaker a copy of his Excellencies 32 & 77*'' Instruction (refer'd to in the Speech) Then Mr. Speaker & the House returned
Both the said Instructions read in the House.
Post Meridiem. His Excellencys Speech read as follows, viz.
Gentlemen of the Council and House of Represents: I ai« in the first place to give thanks to Almighty God for my safe retumi to my Native Country, after a long absence & escapeing the common hazards of the Seas.
And in the next place, it is with a great deal of satisfaction that I now meet you in general assembly (I doubt not) to concert those ways and means which may most of all advance his Majesty's service & hon- our, and the weal and prosperity of yo'' country. It is the present happj'ness of every Englishman to live under the reign of the best of Kings, who makes the laws the rule of his Govei'ment ; and the pro- tection of the libertys of his People, liis delight : These things ravish from ail his subjects the affection so justly due to a tender father, and which he esteems the greatest support of his power. Altho it is our lot to be placed at such a distance from the immediate benign influ- ences of his Majesty's care, yet his great mind and perspicuous wisdom is continually extended and employ'd for the [p. 309] happyness of his remotest Dominions, and when I have said this I am sure I need not fill my mouth w'^^ arguments to pursuade you to all the duty, loyalty, obedience and gratitude due to so gracious a sove- reign.
I have it in command from the King my Masf to communicate to you His 32*1 Instruction to me, whereby he expects you [to] settle a Sallary on me and my successors, or at least on me during the whole time of my Government : an authentic copy of this Instruction, shall be delivered you by the Clerk of y<^ Council, and as you have already distinguish'd yo''sclves by your loyalty and obedience to the King on this head, It leaves me no room to doubt of your wisdom and care stil to secure a stronger interest in the King's favour, by a chearful com- plyance w"^ what in his royal wisdom he thinks so just and reasonable.
1 am also commanded by his Majesty nol only to take care that there be a strict execution of all the Laws now in force in this Province ag^' vice and immorality, but that I commend to your consideration the enacting what others may be necessary, for promoting and encouraging Virtue, & true religion; and as nothing can be a firmer basis for y" happyness of a people, I hope this will always lye near our hearts.
Gent.
I need not tell you this Province is in a fine situation for trade, where nature has done her part in commodious rivers and a good soil. It should then be your care to reap the benefits of these Blessings from God Almighty, by your greatest industry & prudence in your bus-
1730.] JOURNAL OF THE HOUSE. 563
bandry, fishery and forreign Trade, and you may be always sure of my countenance and encouragement for these good ends. To see your trade revive and flourish under my administration, will give me a pe- culiar pleasure.
The unhappy dispute so long subsisting betwixt this Province and the Mass'' with respect to the dividing line betwixt you, has produced from his Majesty (who has the most tend"^ regard for all his subjects) an Instruction to me so wisely projected, that being put in Execution will terminate the difference [p. 310] and give the opj^ortunity of Es- tablishing quiet & good neighborhood between the two Provinces for the future, and this Instruction shall be laid before you.
Gent. I am sorry to have the occasion to inform you that since my arrival from Great Britain, the Surveyor General of his Majesty's "Woods, has made large complaints to me of the difficultys he meets with in tl)e Province in the execution of his duty according to the King's Instructions. I am commanded by the King to take effectual care that the several Acts of Parliament, relating to the Royal woods, be strictly observed, and to aid and assist his Maj'>'^ surveyor by myself and all officers under me, to prevent as much as possible the destruc- tion of the King's woods; & that all offenders therein may be bro't to condign Punishm' I therefore intirely depend on your readyness to discounteuau'ie every thing that may have a tendency to j^rcyudice his Majesty's service & interest, in an affair of whicli he is so tender, and is of such importance to his Royal ]^avy. And I do assure you the enacting such laws as may be further necessary for the better security and preservation of the nursery of Royal masts, will be taken as an instance of your res])ect & duty to the King.
It is with much satisfaction that I tell you, his Majesty by his un- parall'd steadiness and consummate wisdom, has obtain'd a peace w"^ Spain, to the honour of his Crown and advantage of his subjects, the happy influence whereof you will feel from time to time in this Prov- ince, yet it must not lull us into such a security as may betray tlie King's honour and hazard our own safety, by neglecting our fortifica- tions; but the}" ought to be put into the best order to jirevent any surprise, if an unexpected change should happen in the affairs of Europe.
I am glad to see the good agreement and amity subsisting with the several tribes of Indians on our Frontiers, and you may depend, from the great honour and duty I owe to my royal master, and the affection I bear to my native Country, nothing will be more my care than to fall into every reasonable way of cementing [p. 311] our reciprocal friendship; and I hope you'l heartily joyn with me in warding off any thing that may border upon unkinduess or give disquiet to those jeal- ous People.
Gent, of the House of Represents.
As it is more immediately your Province to look into the state of the Publick revenue, I shall order all the accounts, from the last time you had them, to be laid before you, with Proper Estimates of what may be the growing charge of the current year, that you may grant the ne- cessary supply's in support of the honour & dignity of "his Majesty's Goverm' & of the Ease and welfare of his Pcojile.
Gent, of the Council and House of Represents.
If my long absence and the little acquaintance I have at present
564 PROVINCE OF NEW-HAMPSHIRE. [1730.
■with the caffairs of this Province, has prevented my mentioning any- thing you stil judge for his Majesty's service and the good of his people, 1 sliall be full of attention to any suggestions you may have to make of that nature; and I have now only to recomend to you a Perfect unanimity in all your proceedings, which will be for the Honour of the King's Governm' and for the lasting peace and tranquillity of his good subjects. J. Belciiek.
82d Instruction. [From Journal of the House, App., p. 002.] "Whereas the Councill and Assembly of our Province of New Hamp- shire, Uid in obedience to our thirtieth Instruction to Mr. Burnet our late Governor thereof settle a Salary of two hundred pounds sterling upon him during his Government; It is our Will and pleasure. That you recomend it to our said Councill and Assembly to settle the same iSallary on you & your successors, or at least on you, During the whole time of your Goverment.
The above is a True Copy of his Maj'^'^ 32'^ Instruction to his Excellencie Governor Belcher, transcribed from the Body of Instructions. Rec<i Aug. 2G"', 1730. Pr. R'l Waldron, Cler. Con.
Ill the House of Representatives Voted, That Nathaniel Weare, Joshua Pierce & Theodore Atkinson Esqrs. be a Comittee of this House to draw an answer to his Excell* Speech and present it to the House for approbation. Tlicn the House adjourned to the 27^'' a. m.
August 27^" A. D. 1730.
A Petition of the Inhabitants of Londonderry bro't in and read.
p. M. The answer to his ExcelP Speech hnyi in and read & ordered to be drawn out faire. Then the house ad- journed to the 28"' A. M.
August 28. A. Dom. 1730, The House met The answer to his Exceir^'' Speech read, voted, accepted & sent up. The answer of the House of Representatives of the Province of New Hampshire to his ExcelP* Speech.
[p. 312.] May it please your Excellency:
We sincerely joyn in giving thanks to Almighty God for your preservation from the common hazards and safe return, in particular that we have the happiness to meet you as our Gov"", and we assure your Excell. that we are met at this time with Hearts fully inclined to
1730.] JOURNAL OF THE HOUSE. 565
do all things that in us lies that may be for the Hon'' and service of the Iving and good of his subjects ; and we are well assured that we live under the reign of the best of Kings; it raised our affections to the highest degree, & we hope, as we ever have, so we shall continue to mannifest it by our Loyalty and obedience.
And having so gracious a sovereign, who in his wisdom is continual- ly taking care of us his subjects, tho' in tliese remote Parts of his Do- minions, still move as we have opportunity to shew our Loyalty and obedience by doing our duty in all things we are able. AVe received a coppy of your Kxcell'^'' 32"'^ Instruction, and as we ever exerted our- selves to the utmost of our abilities and often beyond, what has been tho' Uon^''^ for other governments in order to afford an Hon'''" support to his Maj''*"* goverm' so hope we still shall distinguish ourselves in our Loyalty and obedience to all his Maj"*^^ comands. As to the settlem' of a Sallary, according to his Majesties Instruction, We have to say that the sum therein mentioned is extraordinary, we being a small, and generally poor People; and especially considering the encroach- ments of our Neighbours, and the stagnation of our Trade, for want of a medium to carry it on. However, we hope his Maj"*^ (who being- unacquainted with our circumstances, hath given your Excell-^' tliis ex- traordinary Instruction.) hath not enjoyned it on your Excell-^ as an order not to receive such sums as this House shall from time to time vote, which we assure yo"" Excell-^' shall rather exceed than fall short of our Abilities.
And we shall take care to consider of all things whicli may encourage virtue and true lleligion among us, & discountenance vice and Immo- rality, and look at it [as] our [p. 313] greatest happiness that your Excelly has so great a Regard for true Religion. We desier at all times to be thankful to Almighty God that he has planted us in a place where nature has done her part, and thank your Excell^ that you encourage us in Improving of these Blessings, and hope on our part to make Im- provem' with care and Industry.
We take it as a great mark of his Maj"*^* Favor in taking care for the settlem' of the Lines between the Provinces, and shall be ready to do our part according to your Excell-^'* 77"' Instruction, as soon as we can have knowledge of Men which may be qualified according to said In- struction : We being at present altogether strangers to gentlemen in other Provinces. And for the preservation of his Maj''''" Woods, as we always were ready, so we still remaine ready and willing to do any thing that we can, which may contribute to the preservation thereof, according to the several Acts of Parliament made for that end ; and if there be any acts that may be made for the jjreservation of a nursery of Timl^er, which may be fitt for the Royal Navy, we shall be ready to do any thing that we can for the preservation thereof.
We assure your Excell-^' we shall always be glad to cultivate a good agreement with the Indians, and shall neglect no opportunity to engage them to Peace. And as tis more immediately the business of this House, so we shall take care to supply the Treasury witli what shall be sufficient to defray the charges of the current yeare, and sliall be dili- gent in ])assing such Acts and votes as shall at anytime be thought for his Maj"" service or the good of his subjects.
• Andrew Wiggin, Speaker.
566 PROVINCE OF NEW-HAMPSHIRE. [1730.
Londonderry Petition read againe and their agents call'd in and heard, and the house had some debates thereon.
Voted that Joshua Pierce and Theodore Atkinson Esqs. be a Committee of this House to joync with a Comittee of the upper House to examine the accounts relating to the Province and make return to the Gen^ ass™ for approbation, [p. 314.] Mr. Clark Waldron bro't down an Act for ad- journm' of the Quarter sessions which was read. p. m. The act for adjourning the Qua"" Sessions read a 2'' time Then the House adjourned for an Hour The act for adjourning the Quarter Sessions read a third time & pass'd to be Enact- ed Engross'd and Sent up
A message from his Excell"*^ to the House pr Mr. Clerk Waldron in writing as follows viz.
Gentlemen —
I thank you verry kindly for the answer to my Speech in its several paragraphs, and your heartily joyning with me in what I have recommended will (I doubt not) with the blessing of Almighty God render you a happy & flourishing People. I would againe press you to put forward the settlem' of the Line between this Province and the Mass*^ according to the King's Order as soon as you conveniently can, and you may assure yourselves of all my weight and interest with his Maj''"" and the two Goverm*'* under my care, that the matter may be done with the greatest Justice and Impartiality. I'me sorry to find you can tell me the Trade of the Province labours with difficulties, and shall be glad of any proposals from you to revive and increase it, and as the charge of the Province Avill be growing, I have a liberty to emit from time to time what Bills of Credit may be necessary to defray the Expense thereof.
Gentlemen — As to his Maj'''^^ 32'^ Instruction for settling a Sallary on me during my Adm" I do assure you I should with pleasure and satis- faction have received the Kings Royal leave for my supjiort as has been usual in this Province, nor was I wanting to solicit that it might be done in that way, yet his Maj"'^ has finally ordered it should be done in the manner I have laid before you & has further comanded & en- joyned me in the following words — •" It is our express AYill and pleasure that you do not give your assent to any Act in our said Province of New- Hampshire under your Goverm' for granting of money to you our Governour or Comander-in-chief the Sallary of two hundred pound pr annum as directed in our 32'^ Instruction." [r. 31.").] This being the case, Gen', I neither must nor dare receive any support from you, so as to deviate from its being settled on me during the whole time of my Goverm'. As you are my breathren, and my interest is blended with yours, I hope we shall conspire together for establishing ourselves still more firmly in his Maj'"'*^* grace and favor by a cheerful obedience to what in his Royal Wisdom he thinks so reasonable, and this will be the way to lengthen out your tranquillity, to promote which I shall gladly employ every opportunity may fall in my power.
J. Belcher.
1730.] JOURNAL OF THE HOUSE. 567
Ordered That those persons concerned in the l\ye Peti- tion appeare the 3'^ day of" the next sessions. Then tlic House adjourned to the 29'" curr*.
[On the same day] the Governor sent another message to the House in writing by Messrs. Jeffry, Wihird and Odiornc, as follows :
[From Journal of General Assembly.]
Gent.
The ready obedience and duty you have paid to his Majesty's Instruc- tion in settling a Salary on me during the whole time of my Govern- ment, you may assure yourselves shall be followed by me with the fullest representations in your favour, so as we may constantly feel the love and affection of the King, who delights to be the common father of all his People.
I think it my duty to observe to you before the act passes relating to my salarj% that y*^ Instruction Extends only to me as the King's Gov- ernor, & that therefore the mention you have made of the Lt. Governor seems an impropriety, and the act of settlement ought to be confined as near as you can to the King's Instruction; but let that be as it will, I am determined always to act with you an open upright part, and therefore think it proper to say to j'ou what I have to the Leiut. Gov"^ and several members of the Court (before the passing the vote you have made) That the six hundred pounds you have settled on me was what the King had required for his Governor, & I should by no means allow any part of my own support to any other officer in the Gover- ment.
I must further observe to you that it has always been the Practice of the Mass" and commonly of y** New Hampshire Assembly, to pay the Gov"" before hand, so as to enable and support him [in the] management of the affairs of Goverment : and as the Treasury is supply'd with money, I can't see that it will be any detriment, but a service to this Province rather to have the money emitted and circulating than to let it lye dead in the Treasury; nor can it be thought reasonable I should live at my own Expence, til the Periods you have set in the act arrive: These things being duly considered I doubt not but that they will in- duce you to fall into the amendments the Council have made on the act you have sent i;p.
As to the affair of the line btewixt the two Provinces, w'^'^ I have once and again so earnestly recomended to you, I heartily wish you would be satisfied in the five gentlemen last proposed, who are all of them men of great honour and integrity, & being voted by this Assem- bly, I have no doubt of the other Province concurring with you in the choice, & which I shouhl think would give us great hopes of a suc- cessful Issue of this long unhappy controversy.
I have now only to assure you that I am come full of benevolence, and to do every good and kind thing in my power for this Province.
I am to acquaint you, Gent, that the Assem: of the neighboring Province is to meet the next week, so I must be going homeward to- morrow, and desire you to consider what time will be most commodi- ous to your private affairs to be prorogued to in which I shall be willing to gratify you. J. Belcheu.
568 PROVINCE OF NEW-HAMPSHIKE. [1730.
August 29"' A. D. 1730. The House met according to adjournment. His Majes"''^ 77"' Instruction read as follow- etli, viz.
Whereas there has been a Dispute of long continuance between onr Provinces of the JMass'^ Bay and New Hampshire in relation to the Boundaries of the said Provinces — and whereas we do judge it to be for our service as well as for the Peace and Tranquillity of our said Collony's that the said dispute should be adjusted and a line mark' out to divide the said Provinces in all time to come: It is therefore our AVill and pleasure and you are hereby directed to propose to the Gen- eral Assembly of each of the said Provinces respectively that discreet and indifferent persons be chosen by each of the said assemblys out of some of the neighboring CoUonys under our immediate Goverment with sullicient powers to draw the said Boundary Line, and finally to determine the dispute between the said Provinces, whose proceedings therein shall be laid before us, and shall be of no effect till our Royal Pleasure shall be signified thereupon.
The above is a True Coppy of his Maj'''^ Seventy Seventh Instruction to his Excell>' Governour Belcher transcribed [p. 316.] from the Body of Instructions.
Rich'^ Waldron Clcr. Con.
Voted That Coll David Dunbar, Coll William Wanton and Coll John Whiting, Esqrs be a Committee for the Prov- ince of New Hampshire to joyne with as many to be ap- pointed a Committee by the Province of the Mass" Bay in New England, to adjust as well the northern Boundary Line between the Province of New Hampshire and the late Prov- of Maine, as the Southern Boundary line of .the said Prov- ince of New Hampshire & the Massachusetts, according to his Maj"*'* pleasure signified in his 77"' Instruction to his ExccU-' Jonathan Belcher, Esq. for the Goverm* of New Hampshire and that a proper Comiss" be made out by the Gov'' to said Gen^ to ])roceed in the atfaire according to the intent of said Instruction and that a Comittee of some Gen* ot the Province of New Hampshire be appointed by the Gen^ Assembly to signifie to the aforesaid Gen* that they are chosen for such purposes and to know if they will accept, and also after 'tis known that they accept that the said Gen* as a Comittee be also directed to waite on the Gen* just above nominated and fully instruct them according to the best of their knowledge how and what they understand to be the Province of New Hampshire, and that the charges of the said Comitteesbe paid out of the Publick Treasury ; and that after the said Comittee have finished tlieir return con- cerning the boundary lines, Tliat both the Goverm*" of Mass'"
1733.] JOURNAL OP THE HOUSE. 569
and New Ilampsliire have copies thereof that they may sig- iiifie to his Majestic their approbation in all or in part.
A Mcss'^ pr Mr. President Walton, Henry Sherburn & the Cler. of the Council, that his Excell-^ adjourned the Ass'" to Monday the ol*"' curr*.
Monday August 31^' a. d. 1730.
A Mess^ from his Excell-^' and the Board with the names of sundry persons his Excell'' tho't proper for a Comittee to mark out the Dividing Lines, viz. Governour Talcut of Co- necticut, Adolp Phillips of New York, Esq. Major Masca- recn, Mi\ Nathaniel Keys [p. 317] of Rhoad Island & Col. William Whiting of Rhoad Island.
Whereas his Majesty hath by his 77*'' Instruction to his Excellency Governour Belcher, directed to the choice of some discreet and indifferent P'sons out of some of the neighboring Collonies under His Majesty's immediate Gov- erment, who are to be invested with sufficient powers to draw the dividing line and to determine the Dispute between this l*rovince and the Province of the ]\[ass^
Voted, That this House in obedience to the said Instruc- tion and his ExceP'"* proposal thereon, will make choice of three such persons as therein are directed to in case the Mass^ Goverm* will do the like, in order to have the line settled and an end made to the Said Dispute as soon as possible.
Post Merediem.
Mr. Samuel Thing (one of the Members of the House) dismist upon his request, and ordered that a precept be sent to Exeter to make choice of another person in his stead to represent the Town next Sessions
A verbal Mess^ pr Geo. Jatfrey, Henry Sherburne Esqs. and Mr. Cler. Waldron, that as to the settle'm* of the Sal- lary, that Lev* Gov. Wentworth sent word, that the House may not be hindered in regard to him, for that he did not expect any thing for himself out of it, nor of the Assembly as Levt. Gov*'
Mr. Cler. Waldron brought down a transcript of the Lev* Gov. Wentworth quitting any part of the Sallary now to be settled, in the words following, viz. That the Lev* Governour quitted all claim to any part of the Sallary to Ijc settled on
570 PROVINCE OF NEW-HAMPSHIRE. [1730.
his ExcclP' the Gov"" p'suaiit to the King's Instruction, and had no expectation nor dependance on the Ass'" for any allowance for the future, but depended wholly on his Excel- lencie. Monday August 81, 17 oO True Copy
Rich-^ Waldron, Cler. Con.
Voted That there be paid at two equal payments out of the Publick Treasury to his Excell-^ Jonathan Belcher, Esq. for his [p. 318] support during his Goverm* the sum of two hundred pounds sterling, or six hundred pounds in Bills of Credit of this Province, the one halfe thereof in the spring of the year, yearly, and the other halfe in the fall of the year, which said sum is to be in full of all demands from this Goverment for and towards any sallary and all ex- penses of his Excellency coming to, tarrying in and going from this Goverm* and that the Excise on liquors be from time to time (so far as it will go) be appropriated to that use, and that an act be drawn up accordingly, and that Theodore Atkinson and Nath' Weare, Esqs. be a Comittee of this House to joyn with a Comittee of the upper House to draw up said act.
A Mess'' from the Board pr Mr. President Walton & Geo. Jaffrcy Esq. that the above vote tKite was concurr'd and ac- cepted pr his Excellency and that the said Walton and Jaf- frey were appointed at the Board to joyne the Comittee of the House to draw up the act.
Then the House adjourned to Sept. tlie first.
Tuesday September the first, 1730.
Voted, That the Treasurers Accounts as audited l»e ac- cepted, and allowed, and that the Treasurer be discharged of the said sums therein accounted for.
The Act for settling the Gov' Sallary bro't in and read the first time. Then the House adjourned for half an Hour.
The House met according to adjourm' The Sallary Act read a 2^* time. The Sallary Act read a third time, and pass'd to 1)0 enacted and engrossed.
Voted, That tliere be forthwith signed off by the signers already appointed the sum of thirteen hundred pounds of the new bills already imprest, and by those signers put into the Publick Treasury for the defraying the Publick charges of this Province as the Gen" Assembly shall direct ; and to
1730.] JOURNAL OF THE HOUSE. 571
repay the same, that it be raised by a Tax on the Inhabitants of this Province in the year 1742, and when bro't into the Treasury to be burnt to aslies in presence of tlie General Assembly ; the said Bills to be paid [p. 319] in such Species as shall be agreed upon ])y the Gen'^ assembly, and that an Act 1)0 drawn up accordingly, and that Paul Gerrish Esq. and Mr. Ephraim Dennit be a Comittee from this House to joyn with a Comittee of the Upper House to draw up the act accordingly.
A ^less'' from tlie Board that the above vote was concurr'd and that Richard Wibird tfc .Jotham Odiorn Es(|S. were ap- pointed at the Board to joyn the Comittee to draw up the act accordingly.
A vote for payment of the Ilon'^''^' Joliii Wentworth, Esq. as Lev' Gov- ernor & Commander-in-Chief in full for the time past, £200 :
For payment of Benj Akorman for the year 1729, 10 :
For payment of Wm. Fellows Expences of Comittees, &:c. 3: 10:. 8
Do. to R. AYaldron, as Cler. Con. to the ^.j'^ April, 1730, 75: Do. to Mr. Sherif Atkinson, as Sherif & return of Jurors
to. the 1*' May, 1730— 22: 4: Do. to Benj. Rust for the Rent of the Council House to the
10'>^ April, 1730, IG:
A message that the above allowances was concurr'd at the Board. The act for emitting the sum of ,£1300 was bro't in and read twice. The same Act read a third time and past to be enacted and Engross'd. A message that the act for emitting £1300 was concurr'd at the Board.
A Message from the Board pr Mr. President Walton &, Geo. JetTrey, Esq. with a vote of the Council on the act for settling the Gov''^ Sallary, viz. The Council concur the an- nexed Bill with the following amendment, viz. to leave out the following words in the 11*" & 12^^ lines in the 2^ page, namely, " As also for any allowance to be made to the Lev' " Gov'^ for the time being, and that the Sallary be paid annu- " ally and advanced from time to time at the first of the " yeare " — which was read. R. Waldron Cler. Ccn.
Post Meridiem
The above vote for amendm*^ read and non-concurr'd and
Voted, That his Excell^ be enabled to draw half the Sal- lary as soon as the Treasury is supply'd to pav it.
A Mess^ from the Board with the Sallary Bill [p. 320] to reconsider it. The question was put whether it sliould be reconsidered. It past in tlie affirmative. Upon reconsider- ing, the Bill past with the amcndm* that those words, viz.
572 rnoYiNCE of new-hampshire. [1730.
(after the first lialfe year's paym* & so on half yearly) he left out.
A Mess"" pr Mr. Cler. Waldron that the Sallary Act was concurr'd at the Board and that his Excellency required Mr. Speaker and the House to attend him in the Council Cham- her.
Mr. Speaker and the House went up accordingly and his Excellency was pleased to give his consent to enacting of and engrossing the Act for emitting £1300, and the Act for settling his Sallary, and then Mr. Cler. Waldron said, It was his Excellency's Pleasure that this Gen^' Assembly should be prorogued to the first of October next and then declared the said Assembly was prorogued accordingly.
Octolier the First 1730. The house met according to Prorogation & Ijy order of his Hon'' the Lcv^ Governour the Ass™ was Prorogu'd to the 5"' of Nov'' next.
November the 19'^ a. d. 1730. The House met according to proclamation by his Excellency Jonathan Belcher, Esq. [Present] O
Mr. Speaker Wiggans Capt. Joshua Wingate
Joshua Peircc, Esq Mr. John Sanburn
Capt. Geo. Walker Mr. Bart^^ Thing
Mr. E])liraim Pcnnet Mr. Benj" Thing
Paul Gerrish, Esq. Theodore Atkinson, Esq
Capt. Sanuiel Tibbets Mr. Rich'^ Jennes
Capt. Francis Mathes Mr. Ebenezer Stephens
Nathaniel Weare, Esq. John Downing, Esq.
Mr. John Golf. Post Meridiem
The Clerk of the Council came with a Mcss^ that his Excell"*' required attendance of the House in the Council Chamber.
Mr. Speaker and the House went up accordingly. His Excell^ made a Speech, of which Mr. Speaker prayed a Coppy and returned. The coppy of the Speech was read and is as followeth, viz.
(}) The names are iu the original Minutes. Ed.
1730.] JOURNAL OF THE HOUSE. 573
Gent, of the Council and House of Representioes
The Lev' Governour having iu conformity to my order adjonr'cl you to this day, I am now come to meet you in Geu^ Assembly, for the necessary dispatch of the affairs of this Province. It is our happyness to live under the protection of a Prince who is the best of Kings and an indulgent father, and we are continually reaping great advantage from the trade [p. o21] with our mother Kingdom. When we consider therefore these things, I hope this Province will never be wanting in their loyalty and obedience to his Majesty, & upon all occasions to show their dutiful dependance on the Crown of Great Britain. This will be the best means to Establish you stil more in the King's favour, and thereby most effectually promote the prosperity of your country.
Altho' when I was last here my stay was but short, your private affairs urging for a recess, yet if you will have recourse to what I tben recommended to your consideration, it may produce happy conse- quences for the people under your care. The affair of the line between this Province and the Mass" I think ought to be our first atid especial care. The hardships and crueltys the Poor People suffer on each side, methinks should move both Goverm''' and every good man in them with compassion. Pray let us then be in earnest to put in Execution the King's commands so kindly and so wisely calculated for establishing the ease and peace of his subjects, & as the assembly of the Slass" in their late session have shown a chearful inclination to comply therewith, I hope there will be no stop or delay on your part, and I do assure you it shall not be my fault if it be not done as soon as possible, and that with all imaginable justice and impartiality.
Any thing you can do for the Encouragement of Naval Stores in this Province will greatly recommend you to the favour of the Crown and serve your own trade and Interest. I would mention to you par- ticularly the laying a good bounty for raising hemp which your soil and climate are well adapted to.
I must acquaint you, gentlemen, that I have his Majesty's Commands that no fees be taken in my Goverments but what are according to law : I would therefore have you look into the State of the fees of this Province, that what are necessary for the King's service in the dispatch of the affiiiirs of this Goverment, and are not yet establislied by law, may now be done to prevent any injustice or oppression of the King's good People of this Province, and [p. 322] you may depend on my chearful concurrence in what may be reasonable on this head as well as in every thing else which may best of all advance the King's honor and the happyness of his good subjects in this Goverment.
J. Belcher.
A Mess" -was sent up to his Excell^' to know what the Gov- erment of the Mass^ had done as to a Comittee about the Lhies, who returned for answer, That that Goverm* had made choice of Govern'^ Talcut k Major Wilcut Q') of Con- necticut and Adolph Phillipse, Esq. of New York.
Then the House adjourned to the 20"' cur^
(1) Wolcott. Ed.
574 PROVINCE OF NEW-HAMPSHIRE. [173C.
Friday November the 20"^ A. D. 1730. Voted, That Coll Codrington and Coll John Wanton, Esqs. both of Rhode Island and Mr. Lydall, Merchant m Boston be a Committee for this Province of New Hampshire to joyn with as many appointed a Comittee by the I'rovince of the Mass'' Bay in New England, to adjust as well the Northern Boundary between the Province of New Hamp- shire and the late Province of Maine as the Southern Bound- ary Line of said Province of New Hampshire and the Pro- vince of the Mass^ Bay, according to his Maj^'*"^ I*leasure signified in his 77^'^ Instruction to his Exccll-' Gov"^ Belcher for the Goverm* of New Hampshire.
Post Meridiem. The heareing of the Rye Pef* was put off to the 25*^ curr'. The above vote for a Committee return'd and a vote of the Council for a Comittee bro't down, viz.
In Council November the 20'^ 1730. Voted, That Richard Wibird & Henry Sherlmrne, Esqs. and the clerk of the Council, with such p'sons as the House of Representatives shall appoint, be a Comittee to prepare a Bill impowering the Hon'^'*-" Joseph Talcut, Esq. Gov'^of Con- necticut, Major Roger Wolcut, of Windsor, in Connecticut, Adolph Phillipse, Esq. of New York, Coll. William Codring- ton & Cull. John Wanton, of Newport on Rhode Island, & Mr. John Lydal, now of Boston, to be Comiss" for the full and complete [p. 323] settle™" of the Boundaries between this Province and the Province of the Mass*'' Bay (so far as this Court hath power to act therein) and that the said Gen^ be desicred to proceed therein as soon as they conveniently can, so as to have the matter complyed with some time in June next ; and that if either of the six Gentl" thro' any unforeseen accident should not be able to proceed in the affaire, that any five of the six proceeding, and three of these five agreeing, It shall be of the same force and efficacy as if the major part of the six had agreed thereon. But if all the six should undertake the business and be equally divided in their opinions, that then they have liberty to chuse a seventh man to determine the difference, and that the charge be borne by the two Provinces.
Then the House adjourned to Sathurday the 21^^
1730.] JOURNAL OF THE HOUSE. 575
Sathurday November 21^* A. D. 1730.
Whereas his Excell^' Governor Belcher hath been pleas'd to lay before this House his Maj"*^* 77*'' Instruction relating to the Boundary Lines of this Province and the Massachu- setts wherein 'tis recomended that each Goverment choose discreet & indifferent p'sons out of the neighboring CoUonies under his immediate Goverment with sufficient powers to draw the said Boundary Lines and finally to determine the dispute between the two Provinces whose proceedings there- in are to be laid before his Maj"*^ and be of none elicct till his Maj''"'^ pleasure shall be known thereon.
Now in compliance with his Maj*'''^ said Instruction & that tlie ends therein proposed may be answered, Voted, that Coll. William Codrington, Coll. John Wanton, Esqs. of Road Island and Mr. John Lydall now at Boston, be a Co- mittce appointed by this Govcrm' to joyn with a Comittee of three p'sons chosen by the Goverm* of the Mass-'' to run the aforesaid Boundaries in order that his Maj*'*^* Royal Plea- sure may be known thereupon and that be a
Comittee of this House to joyn with [sucli] as shall be ap- pointed by the Hon''^" the Council to enlighten the said Gen* above appointed, and that the aforesaid Comittee be impow- cied and dcsiered to wait on the said Codrington, Wanton and Lydal to know if they will please to attend the before business, & in [p. 324] case of any one or more of y® s*^ Gen' refuseth to take the said affaire upon him or them, or are prevented by some unforeseen accident, then y*^ aforesaid Comittee appointed to enlighten those Gen* have power to appoint others in their room as fully and amply as if the whole Goverm* had chose them, and y' y*^ Lines l)e run as soonas possible those p'sons can attend the affaire.
Voted, y* Theo. Atkinson & Joshua Pierce, Esqs be a Co- mittee of this House to answer his Excely^ Speech & present it y'' House.
A Mcss^ from his Excell'' that he desires a conference on the affaire of the Lines Monday next at 4 o'clock, p. m.
Then the Cler. of the Council, by his Excell'y' order ad- journed the Assembly to the 23** curr'.
Monday November 23^ A. D. 1730. The Comittee made return of their Draught in answ"" to his Excell-"* Speech w'^'' was read as follows, viz.
576 PROVINCE OP NEAV-HAMPSHIRE. [17o0.
May it please your Excellency
We esteem it our great Happiness that we have an opportunity to meet your Excell'^'^ at tliis time iu Gen' Assembly, & hope we are all come fully disposed to dispatch the affairs of the Publick as soon as possible. And we are highly sensible of y"^ great Blessings we enjoy by living under the Reign of our Gracious Sovereign, who is the best of Kings; and we hope we shall never be wanting iu y^ expressions of our Loyalty and obedience towards so tender a Father, and w'^ acknowl- edge how much we are obliged to our mother Kingdom for the Bennefits we" receive by y*" great Ti-ade we have there.
As for the dividing Lines between this Province & the Mass'', we shall w''^ all dilligence apply ourselves to y' business, by making choice of discreet and indifferent Persons that may make a finall determination thereof according to his Maj"^''' Instructions.
As to Naval Stores, we assure your Excell^ we shall at all times be ready to do as far as we are able towards the Encouragem' of the Hemp Manufacture; but at present, by reason of the long War w*^"^ y'' [r. 32.1] Indians, wliich has been upon us, w^^'^ has hindered the cleare- ing and cultivating of our Land, we have not been in a capacity to do much that way. Wg shall likewise take care to look into the Table of Fees, to see what there are wanting, & to make what amendm'^ are necessary in that and other Laws. Andrew Wiggin, Speaker
Nov. 23'^, 1730, voted, accepted & sent up.
Post Meridiem
A Mess'' from the Board that his Excell^ was ready for a Conference about the Lines. Mr. Speaker and the House went up accordingly. The substance of which was That his Excell^ (as a common Father to both Provinces) might ap- point a Seventh man to joyne the Com'rs about tlie Lines. Then the House return'd and the Question was put, Whether a seventli Man shoukt be added. It past in the negative.
Then the House adjournd to the 24"' curr*.
Tuesday November 24"' A. D. 1730.
Whereas his Excellency our Governor has been pleased to lay before this House, his Maj"^* 77"^ Instruction in rela- tion to the Boundaries of this Province and the Province of the Mass^ Bay, wherein 'tis recommended that each Goverm' choose Discreet & Indifferent Persons, out of the neighbor- ing Collonies under his immediate Goverm*, with sufficient Powers to draw the said Boundary Lines, & finally to deter- mine the Dispute between the two Provinces, whose proceed- ings therein are to be laide before his Maj^*'' and be of none cfiect till his ^laj"*^ pleasure be known thereon :
Now in compliance with his Maj'*'^'" said Instruction, and that the ends therein propos'd may be answered, being so
1730.] JOURNAL OF THE HOUSE. 577
wisely projected ; and whereas the Province of the Mass^ has chosen tliree men to be a Comittee for them on that affaire, we conceive if we should choose three men also to joyne with them there might many inconveniences arise :
Therefore, we humbly presume that three Gen^ of sinceri- ty & Wisdome may be sufficient to determine the same — and as the Hon''^'^ Adolph Phillips of New York, Esq. was pro- posed by this Province at the last sessions to be chosen, and since that the [p. o2G] Province of the Mass'^ has made choice of him, and he being a man so agreeable to his Maj"*^^* Instruction, and so desireable by us of New Hampshire, — AV^e likewise make choice of him : and as the Province of the Mass^ has already chose the Hon'^^° Joseph Talent, Gov"^ of Connecticut, Esq. for one. We do make Choice of the Hon''^® Joseph Jenks, of Rhoad Island, Esq. and these three Gen' to be Comiss"'* to come upon tlic spot, and so settle the Lines to all intents and purposes according to the Intent of said Instruction, and that they are fully impowered to determine the same, so far as this Province is concerned ; and also, Voted, That there be a Comittee appointed from this Pro- vince, to joyn with as many of the Mass'' Goverm^ to signify to the above Gentlemen that they are so chosen, for the pur- poses & ends aforesaid, and pray their acceptance ; and if any of the abovesaid three Gen*' shall not accept, or thro' some unforeseen accident shall not' be able to come then the Gen* chosen by this Goverm' are fully empowered to make choice of a Proper Person in the room & stead of Gov. Jenks, in case he does not accept or cannot accept ; and the Gen* chosen by the Mass^ to do the like in the like case if it shall so happen w*'' Gov"" Talcut : and if the Ilon''''^ Adolph Phillipse do not accept, or should bo prevented coming, that then both the Comittees appointed by the Goverm** to make choice of a proper person in his stead, and then the Com- mittee to have all the full Power as the persons first chosen to all intents and purposes — Provided, always that the Mass^ goverm* agree to the above choice in the manner above, & that as well the line of the Northern Boundary between the Province of New Hampshire & the late Province of Maine^ be settled by the same Comiss''^ as the Southern Boundary next the Mass'"'.
Sent up.
A Mess"" from the Board that the above vote Avas concurr'd 37
578 PROVINCE OF NEW-HAMPSHIRE. [1730,
Voted, That Theodore Atkinson, Esq. and Mr. Joshua Pierce be a Comittce of this House, to joyne with a Comit- tee of the upper House, to audit the accounts relating to the Province and malce Report to the Gen" Ass™ for approbation.
Voted that Nathaniel Weare, Esq. Mr. Bart. Thing and Mr. Speaker Wiggin be a Comittee of this House to joyne a Comittee of [p. 327] Upper House to examine the Table of Fees, and rectifie it, and make return to the Gen" Ass'" for approbation.
A Messa. from the Board that the above vote was con- curr'd & that Richard Waldron, Richard AVibird and Jotham Odiorn, Esqs. were appointed at the Board to joyne the above Comittee on the Table of Fees.
Then the House adjourn'd to the 25"* curr'
Wednesday November the 25"* A. D. 1730.
Whereas we find by experience that the People and Con- stables living at so great a distance from Portsmouth, to attend all the Courts, is of great expense and trouble : — Wherefore
Voted, That the four Quarterly Courts of sessions and Inferiour Court of Comon Pleas be Quarterly at the fower Antient Towns, viz. at Portsmouth in December, at Exeter in March, at Dover in September, and at Hampton in June ; and that the Constables .in each respective Town attend at the Court in the same Town, and that the Constables of New Castle, Newington, Rye and Greenland attend at the Supe- riour Court, and that each Town where the Courts are held (except Portsmouth) provide places to hold and keep the Courts in, and also a Prison to keep Prisoners in.
Voted that the Province Tax for the yeare 1730 be paid into the Treasury in the same proportion that was last set- tled, and that the Treasurer issue out his Warrants to the several Towns accordingly.
A Mess^ from the Board the al)Ove was concurr'd.
Voted That Joshua Pierce, Esq. be Recorder of Deeds for the Province of New Hampshire for one yeare from the date hereof and until the next sitting of the Gen" Assembly after the year is up, and that he take two shillings and six pence for every deeds recording, and the like for all copies he gives out and that the said Recorder enter upon the sev-
1730.] JOURNAL OF THE HOUSE. 579
cral Deeds he records & copies he givs out the price he takes for doing the same.
A. Bill was bro't down from the Board relating to the Lines of the Province, and Theodore Atkinson Esq. and Mr. James Jeffry was added as a Committee of this House to joyn with [p. 328] those chosen above, for the same ends and purposes, and then the Bill was read the first time. Then the House adjourned to the 26"^ curr*.
Thursday November 26'" A. D. 1730. The Bill relating to the Lines read a second time.
Post Meridiem. The Bill for appointing p'sons to dra«' the Boundary Lines of the Provinces read a third time and past to be enacted and engross'd and sent up.
The parties concern'd in the Rye Petition was heard and voted as on the Petition
Then the House adjourned to the 27"' curr*
Fryday November the 27'" A. D. 1730. The answer to his ExcelP'* Speech (') was read againe, ac- cepted and sent up. The House adjourned to Saturday the 28t" curr*
Saturday November 28th A. D. 1730. A Mess^ from his Excell^' that he required the attendance of Mr. Speaker and the House in the Council Chamber. Mr. Speaker and the House went up accordingly. His Ex- cellency made a Speech, gave Mv. Speaker a copy of it. Then Mr. Speaker & the House return'd. The Speech was read in the House and is as folio weth, viz.
Gent'Ji of (lie Council S,- House of Represents
Since his most Excellent Maj"'-' has been pleased by his Royal Com- mission to commit his good subjects of this Province to my care and Goverment, I shall not onely in discharge of my duty to the King, but from my own sincere & chearful inclination, rejoyce in every opportuni- ty may fall in my power to advance his Majesty's service & honor, togeather with the best prosperity of this Province; and this puts me upon a constant thoughtfulness and solicitude how to do you good.
(') This answer not found. Ed.
580 PROVINCE OF NEW-HAMPSHIRE. [1730.
Let me then, Gen'" desire you to study and seek the welfare of your Country, in which you will find me heartily engaged w'*' you.
Your love [p. 329] to your country and to one another, is not onely very consistent with the strictest Duty & Loyalty to the King, but oue of the best means to make that Loyalty universal among you: and for my own part I am determiu'd (as much as in me lyes) not to know (if there be) any partys among you ; but I shall always think men of capacity, substance, and the greatest virtue and integrity, have the best claim to my favour or respect I can show. I take this opportunity, Gen*" to remind and further recommend to you, what I think may be for the honor and interest of his Majesty and this Province, That there be a strict execution of all the laws in force ag*^' immorality & prophaness, and for the Encouragem' of vertue & true religion; and that you be heartily concern'd for Enacting such other laws as may be necessary for those excellent ends. This will be one of tlie best ways to Establish you in the favour of God and the King, and which from his ^Majesty's pious concern for this Province he has strictly commanded me to press upon you.
Let your next care be to endeavour y*^ reviving of your trade and encouraging your husbandry, & Manufactures. To this End, I should think a liberal bounty for raising hemp and making Canvas & fine liunen would be money well expended.
The AVilliam and ]\Iary Fort I observe begins to run to dispair. I have tlierefore Directed the Lt. Gov"", w"^ some Gentlemen of his Maj- esty's Council, & of the House of Reiwesen*** to make a careful survey of it and report to me in the recess of this Court, what repairs or addi- tions may be necessary to be made, as well for his Majesty's Honor and service, as for the safety of this Province, and their return shall be laid before you, when I shall not doubt of your readiness in granting what money may be wanting on such an important service; and while I am on the Defence of the Province, I would earnestly recommend to you the enacting of a law for the better regulating and supporting the Militia, w'^'^ indeed is the main strength of this Goverment & what (uuder God) we must depend on in Case of any rupture and an attack from an Enemy; \_v. 330] and this time of Peace is certainly the proper season for your consideration of this aff'air. I am informed that your Grants, deeds & other papers of the Greatest consequence to the good People of this Province, lye at Present in a rude and undigested man- ner, and that there is a great necessity of a revise of your laws: Let me then desire you, as yoii value the ease, peace and welfare of your- selves & your posterity, to cliuse without any longer delay some suit- able person or persons to reduce your papers to good order and method, and to revise your laws; and to induce those that maybe capable to undertake these difficult affairs, you must handsomely proportion their reward; & methinks the settlement of the line now coming forward, shoulil quicken you in this matter of your papers, since by such au Ex- amination those may come to hand that may be of great service in the adjustment of the boundaries between the two Provinces.
I think it would be not onely for the Honor of his Majesty and this Goverment, but for the great Convenience in the dispatch of the Pub- lick affaires. That a handsome Court house be built in the Town of Port-;m" (the Capital of this Province) for holding the General Court, and Courts of Justice below, and for the better security of all the
1730.]
JOURNAL OF THE HOUSE. 581
Public records. This you will please to consider, and do in it, as may be judi^'d wise & prudent.
Genfn Since you have in conformity to his Majesty's commands to me gone on to settle what fees were not before Established by Law, I shall Issue a Proclamation as well for the Goverment of all ofhcers as for the Information of the People, that there may be no Injustice or oppression by Extorting Exorbitant fees, and that the people may due- ly comply with the laws; and while I have the honor to represent his Majesty's Person at the head of this Goverment, I hope always to be able to appeal to (xod and the world, and say, Whose ox have I taken f or whose ass have I taken ? or at whose hands have !• received a bribe ? But as you have dutifully complyed with his Majesty's orders in fixing my support, I am content and tliank you; and as I will at no time [p. 3:31] take any money but what is my due, & that in the most laud- able way and manner, so it shall be my care to discountenance every olficcr under me that shall allow himself an unlawful liberty on this head.
Altho I am here at a Distance from my stated home, yet it is a great pleasure to me to be here in the discharge of my duty to the King (the best of Masters) by doing every thing in my power for the happiness of his good subjects of this Province; I hope you will therefore give all proper attention to what I have now suggested to you. and if you are desirous to lengthen out this session (since there will be no other til the spring) I shall patiently wait on your deliberations, and gladly consent to such results as may have the best tendency to his Majesty's service and your own welfare. J- Belcher.
Mr. Cler. Waldron came down, and by his Excell™ order adjourn'd the assembly to the 30"' ciirr'.
Monday November the 30^^ A. D. 1730. After some debates the House adjourn'd to the V^ Decem- ber, 1730.
Tuesday December the first A. D. 1730.
A Petition of Salathiel Denbow was read praying some allowance for a Hurt he received (when a soldier) in the Cannada Expedition, and for his gun.
Voted, in answer to the prayer of the Petition, That there be paid him out of the Publick Treasury the sum of ten pounds, and five pounds per annum during seven years (if he live so long), and that he have his Gun given him out of the Stores and pray his ExcelP' to give his orders accord- ingly.
Voted, That there be paid out of the Publick Treasury to the Judges of his Maj*""* Supcri'' Court of Judicature for this Province ten pounds, and to Paul Gcrrish Esq. forty
582 PROVINCE OF NEW-HAMPSHIRE. [1730.
shillings, and tyro shillings pr day to each Juror for their Extraordinary time and charges spent on [p. 332] the Tryall of John Ambler and the Londonderry man. Post Meridiem.
Voted That James Jeffry be paid as Cler. Ass™ to 19"^ 9^'
17;3(), ■ £15:0:0
Do. allowed John Robinsou for Wheel Carriages at Fort
Wm&Mary, _ ^ £29:9:
Do. Benj. Rust expences of Committees] &c £ 7:5:5
Do. Capt. "Wingate Exjjence when his Excellency came, £64: 5: 3
Do. John Newmarsh for Repaire of the Fort Boat, £ 5:
A Mess^ pr Mr. Cler. Waldron, all the above was con- curr'd at the Board.
Then the House adjourn'd to the 2'^ of X' curr*.
December the 2" A. D. 1730.
Yoted, That Mess''^ George Walker & Ephraim Dcnnit be a Comittee to demand the seventeen hundred and thirty pounds (now outstanding in the hand of seve" Gen* whose bonds are in the hands of the said Dennit) and bring in the said sum of X1730 to the Assembly at the next spring ses- sions (with the Interest thereof} in order to burn the Prin- ciple.
Voted That there be sign'd of by those signers already appointed the sum of four hundred pounds of the new bills already imprest, and by those signers put into the Publick Treasury for the defraying the charges of the Province Lines and other charges as the assembly shall direct ; and to repay the same that it be raised by a Tax on the Poles and Estates of the Inhabitants of this Province in the year 1741 ; and when bro't into the Treasury to be burnt in presence of the Gen' Assembly, and that an act be drawn up accordingly.
An act for the more safe and easy prosecuting writs of Ejectment & Writs of Trespass and Eject"'* read the first time, and an act for the £700 read once — an act for remov- ing the courts read once, & an act for raising <£6000 read once.
A Mess'* pr Henry Sherburne, Esq. and Mr. Secretary Waldron that his Excell^' required the attendance of tlie House at the Board. Mr Speaker and the House went up accordingly : and had a conference about an Address in favour of liis Excell^ [p. 333] and about paym^ of the Sal- lary.
1730.] JOURNAL OF THE HOUSE. 583
In Council, December 2'' 1730.
YoteJ, that there be an address of thanks to his Maj"'^ in favour of his Excel!'' Governour Belcher and that Eichard Wibird & Kichard Waldron, Esqs. be of the Comittee from the Council, to joyn with such as the House shall choose to make a Draught of the said Address, and when it is draugh- ted & Engrost to be signed by the Secretary in behalf of the Council, and by the Speaker in behalf of the Representatives in the recess of the Court.
Post ]\Ieridiem
Toted, — That his Excelly draw his next half years Sal- lary at the end of the first half year, the 2¥^ of February next, and so half yearely.
A Mess^ per Mr. Secretary Waldron that his Excelly re- quired the attendance of the House in the Council chamber.
Mr. Speaker and the House went up accordingly and after some conference return' d.
A Mess^ from the Board with the last vote to reconsider the Bill for the £700 was read a second time and the Bill for removing the Courts and the Bills about Trespass and Ejectments : and a Bill for raising X6000. Then the House adjourned to X"" 3*^ curr*.
December the 3'' A. D. 1730.
Voted — That all our Laws that are made and now in force and not in print be immediately printed and that the Selectmen of Each Town and each member of the Gen^' assembly, and Clerk of each Court have a coppy of each Law and that the Printing thereof be paid for out of the Publick Treasury.
A Mess^ that the last vote lye for consideration. The Bill for raising <£6000 for repair of the Fort & Building a State House and the Bill for the £700, the Bill for removing the Courts, and the Bill al)Out Trespass and Ejectment were all [p. 334] read a third time and past to be Enacted and Engross'd & sent up.
Post Meridiem.
The address was bro't down ready drawn and read and the Speaker sign'd it and Mr. Secretary carried it up again.
584 PROVINCE OP NEW-HAMPSHIRE. [1^30.
[Copied from Journal of General Assembly.]
To the King's Most Excellent Majesty.
The hnmble Address of the Council & Representatives of your Majesty's Province of New Hampshire, in New England, in America, Convened in General Assembly :
Most Gracious Majesty:
We your Majesty's most Loyal and Dutiful subjects, the Council & Representatives of your Majesty's Province of New Plampshire, in New England, in America, should lay ourselves open to the imputation of the highest ingratitude, did we not take hold of the first opportunity to place ourselves at your Majesty's feet in humble acknowledgment and hearty thanksgiving for your loyal beneficence in appointing Govern"" Belcher to represent your Majesty's Person at the head of this Goverment, who is so equal to tlie trust, and accejitable to the People.
It is inexpressible how the first intelligence we had from White-hall of your Majesty's Grace and favour to New England on that Score, elevated our hopes, and if we are disappointed It is in this: — that his wise, just & unbiass'd Administration has exceeded our Expectations & equalled our very wishes.
The first part he acted here was laying your Majesty's Instruction before us for settling a Salary; and our first part under him was a du- tiful and ready complyance therewith; since whi(;h his sedulity and constant application to the Publick affairs of the Goverum' for your Majesty's honour & service and tlie benefit and advantage of your good subjects of this Province, afford us the most pleasing views.
liis gi'eat care and solicitude for the Preservation of the Pine trees by his Proclamations and strict inquiry after transgressors, will in all probability, eftectually secure them for your IMajesty's use, according to the Acts of Parliament provided in that behalf.
His steady Conduct hitherto gives us the best ground to hope for a serene day & Calm season.
His frequent Exhortations for putting our laws against vice and immorality in Strict Execution, back'd and Enforc'd by his own most virtuous Example, we have great reason to hope will be a good means to reclaim the vicious, and make virtue & religion flourish amongst us.
And while lie is Exerting his powers as a kind father to this Province, his loyalty, duty & fidelity to your majesty are not a little conspicuous in the strictest Execution of your ^lajesty's Commission, and his utmost regard for the royal Prerogative, well knowing there is no inconsistancy in being a faithful servant to your Majesty, and a faith- ful friend to your loyal subjects. Upon the whole.
May it please your Majesty,
Our Experience of the Governour's eminent Powers for your Majes- ty's service and our good (he being a person much versed in the affairs of Governm' and perfectly acquainted with our constitution) and the constant good disposition he has express'd towards both, oblige us with the greatest humility to beg your Majesty's grace and favour in
1730.] JOURNAL OF THE HOUSE. 585
Coutiuiiing this poor little loyal plantation under the present most happy and desireable administration.
We are, — ]\lay it please your Majesty — Your ^lajesty's most loyal, dutiful & obed' subjects & servants,
II. Waldron, Sec^' In Presence of & by oi'der of Council. By order of the House of Represent" & in their Presence
And^''' Wiggins, Speaker. Portsm° in N. Hamp'' in New England, in Amer" Dec S'^ 1780.
A Mess^ from his ExcelF pr ]Mr. Secretary that his Ex- cellency required the attendance of the House in the Coun- cil Chamber. Mr. Speaker and the House went up accord- ingly and his Excell^' was pleas'd to give his consent to the enacting of the Engross'd Bills, viz. for Emitting £700, the Act ahout the Lines, appointing Comiss""^ &c. and for remov- ing the Courts. Then the House return'd. Mr. Secretary AValdron came down and said it was his Excellency's Pleas- ure this General Court should be dissolved, and declared in his Maj"*^^ name
Th'tis Court is dissolved accordingly .
[The following is a copy of the Law appointing Commis- sioners to settle the Boundaries, &c.]
[Copied from Record of Acts, 1(392-1742, in Secy^ Office, p. 318] Anno Quarto Regni Regis Georgii Secundi:
An Act appointinij Commisiiioners to settle the Boundarys Leticeen his 2Iajestij's Provinces of New-Hampshire and the Massachusetts Bay.
Whereas there has been a Controversy of long standing between His Majesty's Provinces of Xew Hampshire and the Massachusetts Bay, concerning the divisional Lines of the said Provinces, and frequent attempts have been made by Commissioners chosen on each side to compromise the same, but all to no purpose; — And whereas the affair has once and again at a very considerable expense to this Province been laid before his Majesty in Council, in order to obtain his Royal determination on the matter, — yet so it is notwithstanding the several remonstrances made to his Majesty in that behalf, the difference re- mains yet open and unsettled; Tho' his Majesty in his great goodness and tender regard for his good subjects even at this great distance, has been graciously pleased to project and recommend by his Seventy Seventh Instruction to his Excellency the (Governor, the most probable scheme for putting a final issue to the said difference (as far as in this Province lyes)
Be it enacted by his Excellency the Gov"", Council and Representa- tives conven'd in General Assembly, and by the Authority of the same, that three persons be chosen Commissioners to repair to the places where the controversy arises, and to hear what may be oficred on each
586 PROVINCE OF NEW-HAMPSHIRE. [1730.
side, and then to conclude and finally determine the difference accord- ing to the said instructions, and as fully and amply to all intents and purposes as this Goverm' can give them power to act. And whereas the Honourable Adolph Phillips of New York, Esq'' was nominated & proposed to be chosen on the part of this Province for this affair at the last sessions of the General Assembly; since wliich, he having been Elected by the General Assembly of the Massachusetts Bay on their part, & being a gentleman of so universal a good character, and so agreeable to his Majesty's Instruction and the desires of this Goverm', and whereas the Goverment of the Massachusetts Bay have also chosen the Honourable Joseph Talcut, Esqr. Governor of Connecticut, on their part ; and the Honourable Joseph Jencks, Esq. Governor of Rhode Island, being thought a most suitable person to be a Commissioner on the part of New Ilampshire :
Be it therefore Enacted by His Excellency the Governor, Council and Representatives convened in General Assembly and by the Au- thority of the same, that the aforesaid Honourable Adolph Phillips, Esq. chosen and appointed conjunctly by the two Goverments, and the Honouralile Joseph Jencks, Esq. chosen and appointed on the part of this Goverment, and the Honourable Joseph Talcut, Esq. chosen and appointed by the Goverment of the Massachusetts Bay, be Commis- sioners, and by virtue of these presents are hereby invested with all the powers and authoritys that this Goverment can give them, to re- pair to the places whei-e the aforesaid controversy arises, and fully to hear each side, and then finally to fix and settle the said boundarys between tlie said Provinces according to his Majesty's aforesaid Instruc- tion— that is to say, the Boundary between the Province of New Hampshire and the late Province of Maine, as well as the other Bound- ary between New Hampshire and the Massachusetts Bay.
And be it further Enacted by the authority aforesaid, that George Jaffrey, Esq. Rich'^ Waldron, Esq. Benjamin Gambling, Esq. Theod'^ Atkinson Esq. Capt. James Jeftrey, be a Committee in behalf of this Province, to joyn with so many to be chosen in behalf of the Province of the Massachusetts Bay, to make a joynt application to the Plon''^^ Adolph Phillips, Esq. afores*^ to undertake the said aftair, and likewise to make a sejierate application to the Ilon'^''^ Joseph Jenks, Esq. on the part of this Province; and if it should so happen, that the Hon'''^ Adolph Phillips, Esq. or the Hon''''^ Joseph Jenks, Esq. should not be prevail' d with to undertake the affair, or should be prevented by any unforeseen accident, that then the afores<i Committee with the Com- mittee to be chosen by the Massachusetts, appoint another person in the room of the said Mr. Phillips, and that the said Committee of this Province (seperately) chuse a person in the room of Gov'' Jenks, in case they or either of them should not undertake the aftair : And in case Gov'' Talcut should not undertake for the Province of the Massa- chussetts Bay, that then the Committee of that Province shall make choice of another person in his room, and that the Person or Persons which shall be chosen by the Committee conjunct or seperate shall have the same full power and authority to all intents and purposes as the Commissioners who 'are herein nominated and appointed : Provided always, that the Gen' Assembly of the Mass"' Bay agree to the choice aforesaid, in the manner aforesaid, and to the Settlement of the East- ern as well as the Western boundary of the said Province of New-
1730.] JOURNAL OF THE HOUSE. 587
Hampshire as afore3<i, and that the said Commissiouers be desired to proceed upon the business as soon as they conveniently can, so that if possible, the afiair may be finally determined by the twenty-fourth day of June next, and that the charge be born by the two Provinces.
Dec. 3"^ 1730. Read three times in the House of Represen'. And pass'd to be enacted. Andrew Wiggin, Speaker.
Eod'" die. Read three times at the Council Board and voted a con- currence. Rich'^ Waldron, Secretary.
I assent to the enacting this Bill J. Belcuer.
Death of Richard Waldron. [From Adams' Ann. Portsmouth, pp. 15G, 157.] November 30, 1730. The honourable Richard Waldron [Sen.] de- parted this life in the 80*'' year of his age. He was the son of Major Richard Waldron of Dover, and was bred a merchant under Lieutenant Governor Willoughby of Charlestown. After his return to this Prov- ince, he resided part of his time at Dover, and part at Portsmouth, and pursued the business of merchandise. He was early engaged in public life, and sustained many offices of honour and importance. His supe- rior qualifications first introduced him to notice, and his desire of being useful to society, induced him to accept the several appointments which were ofi"ered him. He was a Councillor, Justice of the Court of Com- mon Pleas, Judge of Probate, a Justice of the Peace, and Colonel of the Militia for many years together. He discharged the duties of these several offices with great ability and undeviating rectitude. Amidst these worldly honours and riches he did not neglect the more import- ant concerns of religion. He was circumspect in his Christian conduct, and endeavored to walk agreeable to the precepts of the Gospel. He was buried without military honours, because he had frequently ex- pressed his dislike to pomp and parade at funerals.
[See also Vol. VHI, Coll. N. H. Hist. Soc, pp. 348-352.]
Hon. John Wentworth, late Lt Governor, deceased, Dec. 12, 1730, aged 59 years. He was son of Samuel Wentworth, and was born at Portsmouth June 16, 1G72. His inclinations led him to a seafaring life, and he soon obtained the command of a ship. In this situation he was very exemplary in his conduct, and constantly maintained the worship of God in his ship, by morning and evening prayer. By a careful attention to his business, he acquired a handsome fortune. His engaging manners procured him the affection and esteem of all who knew him. His public spirit induced him to take an interest in what- ever would benefit his native place. He was appointed one of the Council in 1712, and Lieutenant Governor in 1717, — his Commission being signed by J. Addisox, Author of the '■^Spectator.'" After the administration of the Government devolved on him, his unwearied en- deavors were to promote the welfare of the Province. In the discharge of his official duties, he gained the approbation of the inhabitants, and the affairs of the Province flourished under his mild administration. He was constant in his attendance on public woi'ship, regular in his family devotions and in the observance of all the ordinances of the Christian religion. He had 16 children: of whom fourteen survived him. [See Ad. Ann. Portsmouth, pp. 157-8. Farm. Belk., p. 226. Ed.]
588 PROVINCE OF NEW-HAMPSHIRE. [1731.
[p. 335.] Anno Regni Regis Georgii Secundi Magnae Bri- tannia?, Francia) ct Heberni^B, &c Quarto.
A Journal of tlio House of Representatives of his Majes- ties Province of New Hampshire in New England, began and held at Portsmouth in said Province the S'^ day of Feb- ruary, Anno Dom, 1730-1.
The Persons returned according to the Kings Yv^rit to serve in General Assembly for the several Towns, ai e as fol- loweth, viz.
( Joshua Pierce, Esq.
For Portsmouth <^ James Clarkson, Esq. ( Capt. John Rindge
SPaul Gerrish, Esq, Capt Francis Mathes Capt Thomas Millet S Nathaniel Weare, Esq. Capt Joshua Wingate ]\Ir. John Sandburn -p, , ( Mr. Bartbolomew Thing
( Mr. Benjamin Thing Stretham Andrew Wiggin, Esq.
New Castle Theodore Atkinson, Esq. Rye Capt Richard Jennes
Kingstown Mr Ebenezer Stephens Newington J\Ir George Walton Londonderry Mr. John M^Murphee
The Hon''^''' George Jaffrey, Esq, and Mr. Secretary came from the Board and acquainted tlie House that they were authorized by his Excellency to administer the oaths to the Members return'd p'suaut to an act of Parliam* which being done they withdrcAV.
[p. 336.] A Mess^ pr Mr. Secretary directing the House to make choice of a Speaker. The house proceeded to the choice of a Speaker. Andrew Wiggin, Esq. was chosen Speaker.
Three of the members were sent up to signifie the House had made choice of a Speaker and that Andrew Wiggin Esq was chosen Speaker. The Board waited till the House had made choice of their Clerk.
Mr. James Jaffry was chosen Clerk and sworn accord- ingly.
1731.] JOURNAL OF THE HOUSE. 589
Mr. Secretary came down and said that his Excellency ordered this Assembly to be adjourned to the last Monday [Wednesday ?] in March next, and then declared the as- sembly adjourn'd accordingly.
"Wednesday March the 3P' A. D. 1731. The house met according to adjournment. Mr. Secretary came down and said that his Excellency ordered this Assem- bly to be adjourned to the last Thursday in Aprill next, and then declared the assembly adjourned accordingly.
Thursday April the 29"' A. D. 1731.
A Quorum of the House being met, A Mess^ was sent to signifie it to his Excellency.
A Mess'^ from his Excell^' pr Air. Secretary viz. That his Excell-^ required the attendance of ]\rr. Speaker & the House in the Council Chamber, Mr. Speaker & the House vrent up accordingly. His Exceil'' made a s[)eech. Mr. Speaker ob- tained a Coppy and then with the House returned.
His Excellency's Speech was read as followeth, viz.
[Copied from Governors' Messages, iu Secretary's office, vol. I, p. 119, Compared with Journal of the House pp. 336-338.]
Gentlemen of the Council and House of Representatives. [p. 337.] Your steady Loyalty and duty to the King is your great happi- ness and distinguishing honour. In this Light I have represented you to his Majesty, and I doubt not but you will constantly reap the ad- vantage of it, in tlie injoyment of his Gracious Favour and Protection; and I have no reason to think but you are now met in General Assem- bly to do every thing in your power that may be for his Majesty's honour and service, & for the best good & welfare of your Couutrey; and to these things you shall always have my hearty consent.
I suggested so much to the last Assembly for advancing the Prosper- ity of the People that I have hardly anything more to say than to desire you to look back and peruse them ; yet for your own safety and tranquillity I must remind you of revising your Laws, and adding to them, Avhat may be farther necessary at present. Your Militia more especially wants the assistance of the Legislature to make it serviceable to the Province, they being under God our only defence in case of a rupture with any of our Neighbors; & I am told the fines for the Neg- lect of appearance on days of muster are so low, that the Militia ar^ in a manner dwindled to nothing.
It is also absolutely Necessary that the public Papers and Records of the Province should be reduced to good order and method.
I am now to acquaint you, Gent"' That the late Gen' Court of the
590 PROVINCE OF NEW-HAMPSHIRE. [1731.
Massachusetts Bay have past a Law much of the Nature of that past here the hist fall, for settling the long disputed Bounds between this Province and that; & an authentick Copy of tiiis Law shall be laid be- fore you: and I shall not doubt your adding to yours what may still be Necessary for perfecting so good a work. Genlm of the House of Representatives,
As it is more peculiarly your business & duty to make the Necessary supplies for the Hou''''^ support of this his Majesty's Government & for cstablisliing the peace and well-being of his good subjects in this Prov- ince, I shall order the Publick accounts to be laid before you, That you may know the state of the Treasury, & do what may be Needful for defraying the growing charge of the curr' year. [p. 338.] Gentm of the Council and House of Representatives,
As it is a bussie season of the year, I hope you will carefully endea- vour the best dispatch of what affairs may come under your considera- tion, by a good harmonj' and unanimity among youi'selves — which will always give me the greatest pleasure and satisfaction.
J. Belcher.
Mr. Secretary bro't down a Coppj of the act of the Mass* referM to in his Excelly^ Speech. The same was read in the House. Then the House adjourn'd to the 30*'' curr*.
Fryday April the SO*'' A. D. 1731.
Voted that Josliua Pierce and Natlianiel Weare Esqs. be a Comittce of this House to draw up objections wliy this House cannot come into the measures proposed in the act of the j\[ass'* relating to the Lines <fe make return to the House for approbation.
Post Meridiem.
The Comittee for drawing objections ag* the act of the Mass"" about the Lines made the'' Report which was read in the House as follows, viz.
1. Objection, The Act of the Mass" binds up the Comiss"^ only to the Bounds mentioned in their Old Charter (which is vacated) Whereas our dispute is only on the Charter of King William & Queen Mary to the Mass''' Bay, which also tyes up the Comiss''^ from heareing arguments that either part may offer.
2 Objection ag' the said Act is. That the Comiss''' shall have power to order equivalent Lands to be given and received by each Goverm' in lieu of such Lands as either Goverm* is in possession of, if it happen not to be within their lines. This is not in his Maj"'^'' Instruction, nor any thing like it, nor in the power of the Assembly to take or give Equivalent Lands, the right of soile being in the Crown.
3 Objection is. That the Act of the Mass^ is absolute that the Co- miss"^ finally settle the Boundary Lines without any Regard [p. 339] to the Reservation in his Maj'"^^ Royal Instruction which 'tis humbly presumed this Province will not come into.
1731.] JOURNAL OF THE HOUSE. 591
4tli Objection ag' paying lialfe the charges. If when the Comiss" hath settle the Lines, and it be found tliat New Hampshire never granted or intruded upon any lands within the bounds of the Massachu- setts Charter granted by King Wm. & Queen INIary, tlien tliey ought not to pay halfe the charge, and that if 'tis found that the Mass" hath made sundry grants without the Charter that falls in New Hampshire (and verry lately too) then they ought in justice to pay the whole charge or leave it to Comiss" to quailrate or asses the charges accord- ing to the Transgressions of either Goverm'.
5'^ As to the nominating the p'sons 'tis humbly presum'd the way proposed in the New Hampshire Act, lookes much more indifferent than the way propos'd in the Mass" Act — all which is humbly submitted.
Then the House adjourn'd to May y*' 1^*^.
Saturday May the 1^' A. D. 1731. Voted that Joshua Pierce and Theodore Atkinson, Esqs be a Comittee of this House to answer his Excelly'' Speech and present it for acceptance. Then the House adjourn'd to Monday May the S^.
Monday May the 8-^ A. D. 1731.
Voted that Messrs John Rindge and Bartholomew Thing be a Comittee of this House, to joyne with a Comittee of the Upper House to audit all accounts to be bro't in this sessions & make their Return for approbation.
A Mess^ from the Board that the above vote was concurr'd and Henry Sherburn & Jotham Odiorn Esqs. were ap- pointed at the Board to audit the accounts.
Voted that Major Wingate and Mr. Bart. Thing be a Co- mittee of this House to joyn with a Comittee of the Upper House to tell over all such money as shall be bro't in to be burnt and make return to the Gen' Assembly.
The Committee that was to answer his Excell. Speech l)ro't in their draught, which was read in the House as fol- lows, viz.
[p. 3i0.] An Ansirer to His ExceJhfs Speech tuhicli teas made April
39, 1731. May it please your Excelly,
Tlie Favours and Protection, wliich his Majties subjects the People of this Province are constantly receiving from him, are the greatest incouragem' to Loyalty and Duty. These we hope will always be our distinguishing character, and we assure your Excelly we are now met to do every thing tending to his Majesty's Hon'', and the welfare of
592 PROVINCE OF NEW-HAMPSHIRE. [1731,
this his Maj''''^'* Province. To this end, we shall according to your Ex- celly* desier, inform ourselves of what you laid before the former Assemblys, and shall (if we can be so happy as to obtain your Excel- lys assent) pass all such acts as shall be thought necessary for the safety and tranquillity of this Province:
And shall take care that the several ofBcers shall be directed to re- duce the files & papers into method and good order, that so they may be lodged in the propper offices.
We have carefully perused the Transcript of the Act pass"^ by the Goverm*^ of the Mass* Bay for settling the Boundary Lines between the two Governm'*' which we by no means can think reasonable, nor correspond' to his Maj"'-'* Instruction in scarce one paragraph ; however, we shall do every thing in our Power that can square with that so reasonable an Instruction, & that so the fault shall not rest with us.
We readily acknowledge that the supply of the Treasury Comences with this House, and shall cheerfully render such, and all the supplyes in our Power; but if the several Acts already made and passed for the calling in the money & sincking y'' several funds on which our Paper Currency is established, must terminate and be complied with and the Money accordingly burnt without any further remittance; It Avill be attended with the greatest difficulty. It will lay his Maj''*"^ subjects, the People whom we represent, under the most distressing circum- stances imaginable, which will be very plain [p. 341] to your Excelly, being rightly informed of our present conditions. We shall use our best Endeavour to go thro' the Publick affairs of this Sessions with all possible unamity and dispatch.
Andrew Wiggin, Speaker.
A Petition of Thomas Millet and the Proprietors of Hil- tons Point in Dover praying a Gate Way was read & Voted that the Petitioners serve the Selectmen of Dover with a coppy to appeare Thursday next, to shew cause, &c.
A Petition of the People call'd Quakers praying to be ex- cused (when constables) from gathering Ministers Rates was read.
Then the House adjourn'd to May 4^'',
Tuesday May 4'^ A. D. 1731. A Petition of Samuel Graves (an Inhabitant of Kingston in New Hampshire that lives at least 5 miles North of Mer- ry mack Eiver) setting forth that he had been imprisoned some months in Ipswich goal in the County of Essex in the Province of the Mass^ Bay By virtue of process from said Ips- w^itcli court at the suit of Haveriil men who claimed his land in Kingston aiforesaid by virtue of a Haveril grant, Praying Redress, and that a sto]> might be put to any pro- ceedings on the controverted Lands near the Lines, till a settlem' of the Boundary Lines might be obtained.
1731.]
JOURNAL OF THE HOUSE, 593
Voted thereon that an act be drawn up for all process to stop with a Proviso that the Mass^ make a like act. Sent up for concurrence.
Voted, Benja. Akerman be paid as Dore Keeper for the year 1730 ^10: :0
Allowed Rich** Perry's ace* for work at Fort
Wm & Mary £ 4:9:8
Post Meridiem.
Samuel Graves Petition bro't down to be reconsidered to af- fix the time how long the act shall continue and that the Peti'' have liberty to bring in a Bill accordingly. Voted, That an act be drawn up to stop any Law suits ag* any the borderers on the Lines for 18 months unless the Lines are settled soon- er ife that Joshua Pierce Esq. be a [p. 342] Committee from the House to joyn a Comittee from y^ Board to draw up an act accordingly.
Then the House adjourned to May 5^^.
Wednesday May the 5*^ A. D. 1731.
A Bill was drawn up for emitting X4000 Loan & read once.
Post Meridiem.
The Bill for £4000 Loan read a 2*^ time.
Sundry Debates about our Act about the Lines and also on the Mass'^ act, and the Question was put — Whether we should adhere to our own act with some amendm** or make a new one and strictly conform to his Maj"*^* Instruction. It past to adhere to our own Act with some amendm*^. Then the House adjourned to the 6"' curr^
May the 6**^ A. D. 1731. A Petition of the Souldiers of Fort Wm & Mary was read praying an enlargem* of their Pay. Voted, the Petition be dismiss'd.
Whereas upon reading a Transcript of the Act of the Gen^ assembly of his Maj*'*^* Province of the Mass^ Bay in New England, relating to the Boundary Lines of that Prov- ince & the Province of New Hampshire made and past in February 1731, laid before this House by his Excellency Gov. Belcher, It is observed that the said Act of the Massa. is 38
594 PROVINCE OF NEW-HAMPSHIRE. [1731.
not agreeable to the Intent of his Maj*'*' Instructions for settling the Boundary Lines — Therefore Voted, That this House adhere to their act made and passed in New Ilamp- shire X'"' 30 1730 with their amendments viz. instead of the words (" that the aforesaid Comittee with the Comittee to be chosen by the Massachusetts, appoint another in the room of the said Phillips") there be added. That in case Mr. Phillips do not accept or cannot come, that then his ExcelP""^ the Gov'' of New York be desired, and fully impower'd to appoint some suital)le person of that Goverm*^ in the room of the said Mr. Phillips : and that instead of the words (" by the 24:^^ day of June next") it be entred by the [p. 343] last day of September next ; and that the charges be boarn by each Province as the Comiss" direct ; and that a clause be added as in the Mass^ Act, that the determination be under hand and scale, and duplicates given to each Party, or such of the Comittees as may be appointed to receive the same, and that the act be amended accordingly. Sent up for concurrence.
In Councill read and non-concurred unanimously, and Voted that a Comittee of this Goverm* be chosen to meet a Comittee of the Mass"*.
Post Meridiem
Joseph Jones Petition read and voted thereon that he and Coll James Davis have leave till the 3'' day of the next ses- sions to bring a Plat, &c. and that the Town of Dover be no tified to be present at the hearing.
Sent up for concurrence.
A Mess'^ concurr'd al)ove.
An act to revive the Sup'' Court read.
A Mess'' to the Board pr four members viz. That the house did adhere to their former vote about the Act for set- tling the Lines, and that unless the goverm* of the Mass* will pass an Act correspond* therewith, tis the fixt Eesolu- tion of the House not to pass any Act but what is agreeable in substance with his Maj*"^^ Instruction, and in order to fin- ish said affaire, to desire the Council to joyn with the House in the choice of some suitable p'son as an agent to represent the affaire to his Majes"*^, to shew how far this Government has condescended to the Mass^ in this affaire, and that the said agent be paid by a Private subscription, several gen* having offered to subscribe to support the said Agent so ap- pointed to prosecute the said affaire.
4
]731.] JOURNAL OF THE HOUSE. 595
In Council, May 6, 1731. AVhereas by a verbal Messa. from the Ass"" to the Board by Messrs. Weare, Pierce Atkinson and Clarkson It is de- clared to be the sentiments of the House, That the settle- ment of the Province lines will never be adjusted but by his Maj''° in Councill, and whereas it was moved to his ExcelP''^ and the Board by the gen* above named that an agent might be chosen to make remonstrance of the affaire to his [p. 344] Maj"® Accordingly, and further, as the said gen* were pleased to represent. That there was a certain num'' of P'sons that will subscribe considerable sums out of their own Private Purses for carrying on the affaire : The Coun- cil desire to be informed, who the P'sons are that are so bountifully disposed, what sums they will advance, and when it will be paid ; and whether the House has yet gotten any security for the same ; and they also expect the original sub- scription to be laid upon the Board, in order to their passing upon the aforesaid verbal Messa.
Allowed the Slierrifs £15 and £7 : 4 to May the 1«' 1731, for their service and empanneliug Jurors £22 :4
Do. Richard Wibird, Esq. for his Schooner Neptune carrying the Levt. Gov'' to Boston in full of £15 demanded £5 :
Then the House adjourn'd to Fryday, May 7'^ curr*.
Fryday, May the 7*'' A. D. 1731.
Whereas the Gen^ Assembly of this Province X"^ 3*^ 1730, passed an Act for appointing Comiss" for settling the Boun- dary Lines between said Province and the Mass"", and whereas there has been a Transcript of an Act passed by the Gen' Court of the Mass'* last February, which this Gen' Court observe is not conformable to his Maj"''* Instruction for set- tling the Lines or Boundaries of said Provinces ;
And whereas the House of Representatives has for accom- modating the affaire come into some amendments to the Act made here X"" 3'^, aforesaid — and since 'tis not likely that the Gen' Assembly of each Province shall agree in every particidar in their Acts — Therefore
Voted, That there be a Committee from the General As- sembly of New Hampshire appointed to meet a Comittee to be appointed by the Gen' Assem. of the Mass*, at NeAvlniry [p. 345] the tenth day of June, to treat and see whether
596 PROVINCE OF NEW-HAMPSHIRE. [1731.
they can agree upon drawing up an Act conformable to his Maj*'*' Instructions, that may suit both Goverm*% and that the Comittee make return to the Gen' Assembly, and that his ExcelF be desiered to adjourn this Ass™ (when they break up) to the 15**" of June next, to receive the Return, in order to act thereon, that the matter may be ended by the Comiss"^* by the last of Sept. next. Post Meridiem. In Council, May, 7^^ 1731. Whereas his Excell-^ , the Gov"^ has been pleased to signifie to the Court that the affairs of his other Goverm* call for his being at home the beginning of next week, whereby this Ass™ will undoubtedly be obliged to rise tomorrow — where- fore the Council earnestly move that the House would pass upon every necessary matter without any delay, such as the settlement ol the Treasurer's Accounts, making the proper allowances, and supplying the Treasury, that there may be no room for any to suspect the Loyalty & Duty of this Prov- ince to his Maj'"^ in the necessary support of this his Gov- erm', and that all persons who have any just Claims upon the Treasury may have no cause to complain.
Richard Waldron, Sec'ry.
In the House, <fec.
Whereas there are great frauds and deceipt practised by p'sons travelling in this Province by selling of Foreign Lin- ens, under pretence they were made at Londonderry in this Province, which tends to the Damage of those who realy make and sell the Linen in Londonderry, and to evade the Act made by this Govcrm* ag* Hawking & Pcdling, dtc. ; For prevention of which, & for encouraging the manufacturing Linnen in said Town,
Voted, That an Act be drawn up authorizing the said Town to make choice of a suitable p'son to Seal all such Linen as shall be made in the said Town, and to have a scale with the name of the Town engraved on it, & authority to such sealer [p. 346] (if suspect y' 'twas not made in the Town) to adm"" an oath to the p'sons that brings Linen to be sealed, that it was bona fide made in said Town.
The Bill for altering the Supc'' Court read a second time.
Then the House adjourn'd to May the 8^^ curr*
1731.] JOURNAL OF THE HOUSE. 597
Saturday, :^^ay the 8*" A. D. 1731.
In Council, May tlie 8<>' 1731.
Whereas the House of Representatives have come into a vote for the choice of a Coraittee of this Goverm* to meet a Comittee of the Goverm* of the Mass'* Bay, to treat, confer <fe agree upon Preliminaries (if possible) in order to settle the Divisional Lines of the two Provinces by Comiss" accord- ing to his Majt''^'' Instructions in that behalfe : Therefore, Voted, That all Lawsuits commenced or to be comenced upon tlie controverted Lands bordering on the Divisional Lines of the said Provinces, be suspended until the 2*^ day of Novem- ber next provided the Goverm* of the Mass-"* make the like order.
Sent down for concurrence.
Read and concurred. Then his Excell'' adjourned the Assem. to Monday next.
Monday, May the 10*% 1731. The Quaker Act read a third time and past to be enacted & engross'd & sent up. [As follows]
[Copy of said Law from Record of Acts in Secretary's office 1692-
1742.]
An Act to exerajjt those People called Quakers from gathering the Rates for the Ministers of other Perswations within the Province of New Hampshire :
Be it enacted by his Excellencie the Governor, Council and Repre- sentatives conven'd in General Assembly, and by authority of the same, That in every Town, Parrish and precinct within this Province, when and so often as any of those People called Quakers shall be chosen to the office of Constable, That such person shall be exempted from gath- ering Ministers Rates of any other perswation; and that every such town, parish or precinct shall make choice of another person (not a Quaker) to be constable, to gather the Ministers Rates in every such town, Parish or precinct, and such Constable so chosen shall have all the powers and authorities that other Constables have, any law, usage or custom to the contrary thereof nothwithstanding.
May lU"", 1731, Read three times in the House of Representatives & Pass'i to be enacted. Andrew Wiggin, Speaker.
Eod. die. Read three times at the Council Board and voted a con- currence. Rich"i Waldron, Secretary.
I assent to the Bill on the other side, May lO"', 1731.
J. Belcher.
A vote past for paym* of the Council and Assembly as usual to the end of this Sessions.
598 PROVINCE OF NEW-HAMPSHIRE.
[1731.
|
£15: |
0: |
0 |
|
£ 3: |
12: |
0 |
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£ 8: |
5: |
:0 |
|
£292: |
4: |
1 |
We whose names are underwritten, being a Committee for telling over tlie Money that should be bro' in to be burnt, have received and bro't into the Assembly and burnt.
From Henry Sherburn, Esq. £137: 3:6
Theo. Atkinson, Esq. 175: 15: 7
Of Old Cypher'd Bills.
Sha: Walton R. Wibird
Joshua Wingate Tho. Millet.
[p. 347.] Allowed Richard Waldron as Secretary to the
15* April, 1731, Do. Peter Greeley for going Express to Boston, Do. Theo. Atkinson, Esq. for Locks for the Prison, Ball" due to the Prov^ on the Treasurer's Accounts,
Then his Excell^ adjourned the Assembly to the first day of July next.
Thursday, July V, A. Dom. 1731. .
Whereas the Gen' Assembly ot this Province, did on the 7'^ day of May last past pass a vote & appointed a Comittee of the Gen' Assembly to meet a Comittee to be appointed by the Gen' Court of the Mass"' in their May Sessions, to meet at Newbury, on tlie 22*^ of June last past, to treat with each other, and try if said Comittees could agree upon a Draught of a Bill conformable to his Maj*''"* Instruction about settling the Boundary Lines as might be agreeable and past upon by the Gen' Assemblys of each Province and i-eturn to be made with all convenient speed, and that his ExcclP' was therein desiered to adjourn this Court to this day, in order to pass a Bill upon the Report ; and that the Mass'^ Assem- bly being sitting at that time might pass an Act also, that then the matter of the Lines might be ended this Fall :
But we find by a letter of the 15*'' of June from Elisha Cook, Esq. That the Assem. ot the Mass^ Goverm* did not see fit to appoint any meeting while the Gen' Court sate, and by another letter from tlie said Elisha Cook, of the 21^' of June last, he writes, the Comittee from that Goverm* will meet the Comittee of N. Hampshire the IP'' July curr't and by his ExcelP Gov"" Belcher's letter of the 21 June, directed to Mr. President Walton, that the Assm. of this Go verm* sit this day in order to agree on the 13*'' July curr't, to meet the Comiss'''' of the Mass"' about the lino, & that the assem. having voted the time agreeable to the Mass'' that the Assem- bly be prorogued to the first Wednesday in 7'" next ; and in none of the Letters or Directions any mention is made who
1731.] JOURNAL OF THE HOUSE. 599
the Comittee of the Mass* are, or how many, nor have any copy of the vote of their Assm. been sent, and since this Assm. must be prorogued to 7'' next, and tis not likely [p. 348] that the Mass* Assembly vs^ill meet till X"^ next, and therefore no hope nor likely-hood of p'fecting any thing this yeare about the lines, and this Goverm* think these De- lays are contrary to the intent of his Maj^'*^ Instructions :
Therefore, Voted, That this House do not think it fit, or for the interest of this Province to chuse a Comittee, but come into some other method, and represent the matter to the Court of Great Brittaine & shew how far this Province has proceeded, and endeavourd a peaceable settlem* of the said lines, and pray that his Hon'' the Lent. Gov"" and Board will come into the same. Sent up.
Then the House adjourn'd to July 2*^ currt.
July 2", A. D. 1731.
A Mess* pr. Mr. Secy., the above vote was non-concurred at the Board, and that he had bro't down a vote of the Coun- cil, viz.
In Council, July 2^ 1731.
Ordered That the vote of the Gen' Assembly made and past the 7**^ of May, 1731, for appointing a Committee to meet a Comittee of the Mass* at Newbury, the 22"^ of June be and is hereby revived ; and that the Comittee meet at any time between the 12*'' of the curr't month & the 20*'' of August next, and that the said Comittees make their Report to the Gen' Assembly s respectively at the first sessions of the said Assemblys, after the Comittees have met and con- cluded upon the affaire.
Read and non-concurr\l, and,
Voted, That the House adhere to their former vote sent up this day.
Mr. Secretary came down with a Mess* from the Hon''''^' Lent. Gov'' Dunbar, Q} that it was his Excell*"*^ order, this
(1) David Dunbar, a native of Ireland, was appointed Lieut. Gov- ernor of the Province inl7;31, and also Surveyor General of the Woods. He had been a Colonel in the British service, but upon the reduction of the army his regiment was disbanded. He was afterward appoint- ed Commander of the Fort at Pemaquid, which he called Fort Fred- erick, and he assumed the Government of the few inhabitants in that part of the Province of Maine. Being used to military discipline he
600 PROVINCE OF NEW-HAMPSHIRE. [1731.
Assembly should be adjouni'd to the first Wednesday m Sept. next, and declar'd the Assem.
Adjourned accordingly.
Copy of Lt. Gov. Dunbar's Commission. [Copied from Vol. vi. Coll. N. H. Hist. Soc, p. 82.]
^s7aLX GEORGE II.
■»-+++++ George the Second by the Grace of God King
of Great Britain, France and Ireland, Defend' of the Faith, &c. To our trusty and well beloved David Dunbar, Esq. Greeting :
We, reposing especial trust and Confidence in your loyalty, courage and prudence, Do, by these Presents, Constitute and appoint you to be our Lieut. Gov"' of our Province of New-Hampshire, in New Eng- land, in America, in the room of John Wentworth, Esq. deceased. To have, hold. Exercise and Enjoy the s'd Place and office during our Pleasure with all rights, privileges, profits, perquisites, and advantages to the same belonging or appertaining; and further, in Case of the death or absence of our Captain General and Gov' in cheif in and over our said Province of New Hampshire, in New England, now, and for the time being : We Do hereby authorize and impower you to Exercise and perform all and singular the powers and directions contain 'd in our Commission to our said Capt. Gen^ and Gov' in Chief, according to such Instructions as are already sent, or hereafter shall from time to time be sent unto him, or as you shall receive from us and from our said Capt. General and Chief Governor of our s'd Province of New Hamp', now and for the time being, And all and Singular our Officers and Ministers and loving subjects of our said Province, and others whom It may Concern, are hereby Commanded to take due notice hereof, and to give their ready obedience accordingly.
Given at our Court at St. James's, the twenty seventh day of Feb- ruary, 1730, and in the fourth year of our Reign.
By his Maj'ty's Comand,
Entered in the office of the Ld. Comiss'^ for Trade and Plantations, White Hall, 2*1 April 1731.
David Dunbar, Esq. Lt. Gov' of New Hamp'.
[p. 349.] Wednesday, Sept. IS*'^ 1731.
The House met according to Prorogation by Proclamation of his Excellencic.
A Quorum of the House being met and his ExcelF come to the Council Chamber, Mr. Secr^ came with a Mess* from
exercised his authority there with rigor. The proprietors of the lands applied to Gov. Belcher for redress, who issued his proclamation, re- quiring the inhabitants to submit to the Government of Massachusetts. Upon representation to the King in Council, Dunbar's authority was revoked. His appointment as Lieut. Governor of New-Hampshire was peculiarly disagreeable to Belcher, (•) and the contention which had
(^) See Correspondence, &c., in latter part of this volume. Ed.
1731.] JOURNAL OF THE HOUSE. 601
his Excell^, that he required the attendance of the House at the Board.
Mr. Speaker and the House went up accordingly. His Excell-' made a Speech of whicli Mr. Speaker pray'd a Coppy, had it and then Mr. Speaker & the House return'd.
The Speech was read, viz. GenH of the Council §' House of Representatives.
You being now, conformable to my Prorogation oonvcn'd in Gen' Assembly, I hope you will apply yourselves with good unanimity in the dispatch of the Publick affairs, and so as may most of all tend to his Maj''*-'' Hon'' & service, and to the lasting weal of his good subjects of this Province ; and in such your proceedings, you will be always sure of my hearty concurrence. As I have it in command from his Maj"* to give all possible countenance to virtue and Religion, and also to en- courage Trade and Comerce among you, I should be glad you would look back on what I have said to you (and the late Ass™.) on those heads, and after you have carefully reviewed your Laws, I wou'd chearfully joyn with you in doing what may be still needfull on these accounts.
I wou'd at this time gen' againe recomend to you the settlem' of the Boundaries between this Province and the Mass* in the manner so wisely directed to by his Maj''*** lloyal Instruction. I assure you, I have no otlier Interest in the matter than to discharge my duty to my king in a fiiithful care of his People under my Goverment ; and I am sorry the House of Representatives (at this Courts meeting in July last) did not in Fidelity to their Country, fall in with what his INIaj''"-"* Council so prudently voted for reviving the Comittee to meet at [p. 350] Newbury, and, protracting the time from June 22"* to August following, or at least with the time the Massachusetts Assm. had agreed on, viz. the 13th July. This matter has been once and againe laid before his Maj''", and as yet no final Issue made upon it, That I think it must plainly appeare his Maj'''-" judges it best the affaire shou'd be adjusted between the two Goverm'* themselves ; and I should be very glad to see all sinister views laid aside, and this great and publick good still pursu'd to a happy conclusion, and which you will see the Assm. of the Mass" Bay are desirous of by what they past at their last sitting, which shall be delivered you by the Secretary. GenH of the House of Representatives.
I shall order the Comiss"^ of the Treasury to lay their accounts be- ^ fore you, that you may see the Expense of the Province since our last
already commenced between them increased as long as Dunbar con- tinued in the country. He was not allowed a seat in the Council. Shadrack Walton, the senior Councillor, in the absence of the Governor, presided at the Board. But Dunbar was commander of the Fort at Great Island; he had authority to grant passes to outward bound ves- sels, and licenses for marriages. From these several appointments he received about £50 sterling. As Surveyor General, £200, and the perquisites nearly £100. — [See Ad. Ann. Portsmo. pp. 158-159. Farm. Belk. pp. 226-334.] Ed.
602 PEOVINCE OF NEW-HAMPSHIRE. [1731.
meeting, for your better judging what further necessary supply must be made for the support of his Slaj"'^^ Goverm' & for the safety & Pro- tection of his People. Gen't of the Council and House of Representatives.
If you have any thing more than what I have mentioned to suggest for the Publick service, I shall be glad to do every reasonable thing on my part towards it ; and since it will soon be a verry busy season, I doubt not you will, for your own sakes, as well as to save expence to the Province, give the best dispatch you can to every thing that may come befoi'e you.
Sept. 15"' 1731. J. Belcher.
Voted, That Nathaniel Weare and Theo. Atkinson, Esq. be a Committee of this House to draw up an answer to his Excellys Speech, & present to the House for approbation.
Then the House adjourn'd to Thursday the 16^"^ curr'
[p. 351.] Thursday, Sept. 16"^ A. D. 1731.
The Answer to his Excelly* Speech bro't in by the Comit- tee was read and voted to be amended.
Post Meridiem The Answer as amended read again & voted, accepted & sent up which was in the words following, viz.
May it Please your Excellencie.
We being now met according to Prorogation, in Gen* Assem. we assure your Excelly we shall be unanimous in the dispatch of all the Publick affairs that shall properly ly before us, always showing a just regard to his Maj'"''' Hoii'^ and the best good and Prosperity of his good subjects in this Province, which we imagine can't be Established upon a better Basis than Vertue and Religion, which we shall always coun- tenance and encourage to the utmost of our Power.
As to what your Excelly has moved to us for encouraging Trade And Commerce amongst us, the want of a medium is the greatest hinder ance.
As to tiie settlem' of the Boundary Lines of the Goverm*% we appre- hend we have no other power to transact in that affaire than what is given and directed to by his Maj''''^ Instructions, and whenever we de- part from that, we exceed the power given us, and of consequence render fruitless and ineffectual all our attempts. Now your Excelly can't be unsenceible that we have once and againe passed such acts and votes as was directed by said Instruction; and tho' this house did not concurr Avith the vote of Council of the first July last past, we assure your Excelly it was done in great Fidelity to the Country we repre- sent; and we believe to their satisfaction; and tho' we believe it would be pleasing to his Maj''" to have the Lines settled between the two Goverm'% yet we are assured it would be far otherwise if we should derogate from the method he hath so wisely prescribed, and which we
1731.] JOURNAL OF THE HOUSE. 603
apprehend the Massachusetts hath not followed [p. 352] by their vote laid before us by the Secretary; and we assure your Excell'y that no sinister ends hath nor shall not be in view, neither in this nor any other affaire that shall come before us, which we imagine is far otherwise by the equivalent &c. mentioned in the above mentioned vote of the Mass". As to the supply of the Treasury, when the Accounts are laide be- fore us, we shall take it into consideration to do the best we can con- sidering the circumstances of the Province.
Andrew Wiggin, Speaker.
Voted, That Nathaniel Wear, Theo. Atkinson and Joshua Fierce, Esqs. be a Committee of tliis House to joyn with a Comittee to be appointed by tlie Hon'^'® tlie Council, to meet a Comittee appointed by the Mass''' at Newbury the 30*^' of Septcm'' curr* there to conferr and see, if they can calculate an Act to be passed by both Goverm'* in order to settle the Boundary Lines between the two Goverm'*, and that the Comittee appointed by this Gover™' be instructed strictly to adhere to his Maj'*'^' 77"» Instruction to his Excell^ Gov^ Belcher, & exactly conform thereto in every article, and that they do not repaire to Newbury to meet the said Comittee appointed by the Mass* untill they shall be apprized that the Mass* go verm* have .given the like Instruction to their Co- mittee.
Provided also, and it is the intent of this House and 'tis hereby voted accordingly, that in case the Mass* goverm* should not give tlieir said Comittee such Instructions as shall be correspond*^ to his Maj*'''^ Instruction to his Excell'y Gov. Belcher, relating to the Boundaries, or if it shall hap- pen that the Mass* Comittee should not meet at the time abovesaid, or in case they should not agree upon the draught of an Act according to the said Instruction, That then and in such case the above mentioned Comittee from this Prov- ince, be impowered and directed to write home to the Right Hon**'^ Lords Comiss"^* for Trade and Plantations giving an exact account of the proceedings of this governm* from time to time, and how far this Province hath acceeded to the set- tlem*- of the Said Lines, and to [p. 353] transmit authcn- tick copies of all acts and votes passed thereon, and to pray their Lordships favorable answer thereto, and that his Excel- ly be desired to do the same. Sent up for concurrence.
Then the House adjourn'd to the 17*'' curr*.
60-1 PROVINCE OF NEW-HAMPSHIRE. [1731.
Fryday, Septem-- IT*"^ A. D. 1731. Voted — That each Town and Precinct within this Prov- ince pay their respective Representatives chosen by them, out of their Town Stock, on a certificate from the Cler of the ass™ as usual from the third day of X' 1730, at six shil- lings per day, and that each member of the Council be paid eight shillings pr day out of the Treasury from the same time, for the time of their sitting in Gen' ass™. Sent up.
Post Meridiem
The above vote bro" down with amendment viz. In Council, Eodem die.
Read and concurrd, with the following amendm*, viz. That the Councils dayly allowance be ten shillings instead of eight and that the Representatives seven instead of six, and that both be paid out of the Treasury.
Read and nonconcurr'd and voted that the House adhere to their former vote.
The vote about the Lines bro't down for amendm* which was done and sent up. Then the House adjourn'd to Satur- day the 18"> cur't.
Saturday Septem^ IS'"" A. D. 1731.
A Petition of Jere Walford bro't down with a vote of Council thereon, read and concurr'd and the parties to ap- peare next Wednesday at 10 o'clock.
A vote for new Proportioning the Province Tax to con- tinue for three years past both Houses.
A Petition of the minister of Oyster River was read and voted that he serve the Parrishon''* with a Coppy thereof.
A vote of Council about the lines sent down and read. Then [p. 354] Mr. Secretary by order of his Excelly adjourn- ed the gen" assembly to Monday the 20^*^ curr'.
Monday 7'- the SO^^^ A. D. 1731. The vote of Council bro't down Saturday was read, viz.
In Council Septem^ 18''' 1731.
Voted — That a Comitteee of Both Houses be appointed to
meet a Comittee of the governm* of the Mass'* at Newbury
any time between the date of these Presents and the 12*^
day of October next, to confer and try whether they can
1731.] JOURNAL OF THE HOUSE. 605
agree upon a Bill to be enacted by both goverm^' in order to settle the Divisionall Lines of the two Provinces, and that the Comittee of this Province strictly adhere to his Maj^'^'' 77 instruction to his Excelly Gov' Belcher. But that they do not proceed to Newbury till they heare that the goverm* of the Mass* have given direction to their Comittee to con- form their draught to the Royal Instruction in that regard made and Provided.
But in case the goverm* of the Mass'^ shall not sec meet to give such directions to their Comittee, or if the Comittees should not meet, or meet and not agree, That then the Comitte of this Province do forthwith prepare cop- pys of all acts and votes passed on either side, and put them into his ExcelP'*^* hands, who is herelty humbly requested to transmit the same to his grace the Duke of New Castle, one of his Maj*'*'^ Principal Secretaries of State, and duplicates thereof, to the Right Hou^'^*' the Lords Comiss""^ for Trade and Plantations ; and further that his Excelly be desired to make a favourable representation of the affaire to his Grace, and the Right Plon''''' the Lords Comiss'* aforesaid. Sent down for concurrence.
7' 20*^ read and nonconcurred.
A Petition of Wm Donnils was read and voted the prayer of the Petition be granted and that he has Licence for a House of Publick Entertainment till 7'' sessions next & then to apply there for a licence as usual.
A Petition of Stephen Barton Read and a vote [p. 355] of Council thereon read and concurr'd and that he have a hear- ing next Thursday, he serving the Selectmen of New Castle with a coppy thereof.
A Petition of John Salter was read and a vote of Council thereon read and concurr'd and voted he have a hearing Thursday next. Then the House adjourn'd to the 21'* curr*.
Tuesday, Septem' 21 A. D. 1731. Voted — That Whereas Nathaniel Weare Theo. Atkinson and Joshua Pierce Esqs. are chosen a Comittee of this House to joyn a Comittee of the Upper House to meet a Com*'® to be appointed by the Mass'' at Newbury, to see if they can calculate an act accordhig to his Maj"*^ Instruction for set- tling the Boundaries between the two governm*-'' & in case
606 PROVINCE OF NEW-HAMPSHIKE. [1731.
they cannot agree, Then the said Comittee to represent the affaire home, by sending authentick coppys of all the votes and acts that have passed in this goverm* thereon.
Now that the assembly may be appriz'd of what the said Comittee shall write, voted that the said Comittee do not write any thing as from this Goverm* but what shall first be read and allowed of by this House, and that his Excelly be desired to adjourn this ass™ to some time in October next to receive the said Comittees Report — That so they may have opertunity to act thereon. Sent up for concurrence.
Whereas Coll. Peter Weare, Esq. has sent into the ass™ ninety pounds in several sorts of Bills of C'' part of that money he had as Trustee, for exchanging the old Cyphered Bills of Credit of this Province, voted that the said Peter Weare be discharged of the said sum of ninety pounds.
Post Meridiem.
AUowauce of sundry debts made, viz. to Eliz" Cross Expences at Proclaiming the Hon. David
Dunbar's Comiss" £29: 2:8
to John Newmarsh repairing the Fort Boat, 5: 10:
[p. 356.] To John Shaw hauling Wheels, &c. to the Fort £16: 0:0
To Stephen Greeuleaf Expences of the Troops, £ 2: 19: 0
To James Jeffreys Sallary as Cler. Ass™ to the 19"^ 9' 1731 £15: 0:0
To Richard Neels acct £ 3: 13: 6
To Eleazer Ilussells acct. paper, ink, &c. £ 6: 11: 0 Sent up and all concurr'd above.
In Council, Septem^ 21, 1731. Voted, That a Comittee be appointed to meet a Comittee of the Mass"" Bay at Newbury on Thursday, the last day of this present month, to confer and try whether they can agree upon a Bill to be Enacted by both Goverm** in order to settle the Boundary Lines of the two Provinces, and that the Co- mittee of this Province strictly adhere to his Maj"^^ 77"^ In- struction to his Excell"'' the Gov^ in draughting the said BiU. But in case the Comittee of the Mass^ should not meet our Comittee as above, or if they should meet our Comittee & not agree, that then the Comittee of this Province do forthwith prepare authentick coppies of all the acts, votes, &c. wdiich have passed in this Province (in relation to this affaire) and likewise that they make a Draught of such Representation as they think proper, and lay the same before the Gen^ As- sembly for their approbation, and that his Excelly, the Gov' be humbly requested to transmit the whole to his Grace the
1731.] JOURNAL OF THE HOUSE. 607
Duke of New Castle, one of his Maj'ties Principall Secreta- ries of State, and to the Right Hon"^* the Lords Comiss"^ for Trade and Plantations, in order to be laid before his Maj"*^ in Council, and that his Excelly would be pleased to write in favour of this Governm* in the said affaire, to his Grace and the Right Hon'''* the Lords Comiss" aforesaid, and that the said Comittee send home duplicates of the whole ; and fur- ther, that his Excelly be humbly desiered to adjourn this Court to a short day in order to receive the Report of the Comittee as above.
The above read and concurr'd with this amend"^', viz. that the Gen^ Assem. be adjourned to the IS^** of October next, to receive the Comittees Return as above
Then the House adjourn' d to the 22*^ curr'.
[p. 357.] Wednesday, Septem^ the 22^* A. Dom. 1731. Several debates about the old Cypher'd money. Post Meridiem.
Coll. John Plaisted's account of the Cypher'd Money was exam*^, it appeared he had but £847 instead of £897: 6: 8.
He has bro't in and burnt £746: 17: 10
Comiss" for exchanging at 5 pr ct. 37: 6: 9
Rem" due £62:18:5
Then the House adjourn'd to the 23'* currt.
Thursday, Septem-- 23-* A. D. 1731. A Bill for emitting £40,000 as past the House last ses- sions renewed and sent up. The House was sent for to the Board, for hearing on several Petitions. The House re- turn'd. Jere "Walford's Petition was read and voted, That as he can have no remedy at Comon Law, to have a rehear- ing as on the Petition. Mr. Secretary bro't down our vote of the 21''* curr* about the lines to reconsider, and also a written ]\Iess* from his ExcelP*' which he read and left, which is as followeth, viz.
Gentm of the House of Representatives,
On reading the vote you have sent wp to his Maj"'=^ Council respect- ing the Lines betwixt this Province and the Mass" I am obliged to ob- serve to you, that his Maj"*^ has reserved to his Gov'' the entire power of adjourning, proroguing, and dissolving all Gen' Courts.
I would therefore caution you ag' moving out of your own Line, and at same time assure you, I shall always use the power the King has
608 PROVINCE OF NEW-HAMPSHIRE. [1731.
vested me with, as I shall judge may best advance his Maj"'^^ service and the Interest of this Province. J. Belcher.
Sept. 23, 1731.
Upon reconsidering tlie vote of this House of the 21^^ curr* relating to the Lines, Voted, that the vote of the Council of the 21*'^ curr^ rela [p. 358] ting to the Lines, the concurr'd, with this amendm*, viz. That his Excelly, be desiered to adjourn this Assem. to some time i n October next, to receive the Comittee return.
Sent up.
Whereas there is the sum of about <£1000 due to the Province and to be paid into the Treasury by May next,
Voted, That the same be paid into the Treasury for the paym' of the Province charges by Establishm* and allowances made by the Gen' Ass". Then the House adjourn'd to the 24^'^ curr'.
Fryday Septem'" 24"» A. D. 1731.
The vote made yesterday for paying a <£1000 into the Treas^. Sent up.
Post Meridiem.
In Council, 7% 24^" 1731.
The above vote read, and voted a concurrence with the following amendm', viz. That £6000 pounds Bills of Credit be imediately struck and £1000 of it forthwith signed, and put into the Treasury for support of the Goverm^ which £1000 to be againe bro't into the Treasury at £100 pounds a year begining 1732 & that the remaining £5000 lye in the hands of a Comittee, to be sign'd & Emitted from time to time as the Gen" ass"' shall order, and that a Bill be pre- pared accordingly
Voted that Stephen Barton has Liberty to Bring in a Bill.
Voted that Jere. Walford has Liberty to bring in a Bill.
Then the House adjourn'd to the 25^*^ curr*.
Saturday September 25^^ A. D. 1731.
The vote of Council for Emitting £6000 read and non- concurr'd and voted that the House adhere to their former vote
Whereas the act for Powder Money is expired, Therefore Voted, that the said act for payment of Powder Money be reviv'd, and to continue for three years ; all coasting vessels to be excluded paying, and all vessels belonging to the
1731.] JOURNAL OF THE HOUSE. 609
Province of the Mass** to be excluded paying — Provided they exchide all coasters & vessels belonging to New Hampshire. [p. 359.] AVhereas the High Sheriff has made Report to this House, that the Prison is out of Repaire, Therefore Voted, that Theo. Atkinson, Esq. and Mr. John Rindge be a Comittee from this House to joyn a Comittee of the Upper House, to view the Prison and repair it.
The vote of the Council of the 21** curr* bro't down with a vote on it for anotlier amendm* viz. In Council V 24'*", Concurr'd with amendm' and Henry Sherburn, Richard Waldron <fe Benjamin Gambling, Esqs. appointed at the Board to joyne with Nathan^ Weare, Joshua Pierce and Theo. Atkinson, Esqs. appointed by the House for the ser- vice before mentioned.
Read and concurr'd with this addition, that George Jaf- frey, Joshua Pierce, Theo. Atkinson and John Rindge, Esqrs. be a Comittee from this House instead of the p'sons named above, to joyne with those y® Board appointed above. Sent up.
In Council, Eod™ die.
Concurred with the amendm*^ with this addition, Tliat as the House have chosen Geo. Jaffrey, Esq. on their part, and thereliy have one more than the Council in the number of theire Comittee, Voted, That Nathaniel Weare, Esq. be joyned as one of the Comittee in behalf of the Board, that the number may be e(pial as has been usual and customary.
In the House read and concurr'd and sent up.
Mr. Secretary Waldron came down, and by his Excelly's order adjourn'd the gen^ assembly to the 6*^ day of October next.
Wednesday October the 6*^ A. D. 1731. Mr. Secretary came down and said that by order of the President he adjourn'd the Gen^ Ass"* to the 7*^ curr't.
Thursday, October the 7^% A. D. 1731. The Comittee that went to Newbury, to meet the Comit- tee of the ]\[ass^ about the Lines, according to the vote of this Gen' Assem. September 25^^ 1731, made their Return and also two draughts to be sent home, one to his Grace the Duke of New Castle, the other to the Right Hon'^^'^ the Lords 39
610 PROVINCE OP NEW-HAMPSHIRE. [1731.
Comiss" for Trade [p. 360] and Plantations ; all wliich was read in the House as follows, viz.
May it please your Grace — The great difficulty attending the settlem' of the Divisional Boundaries between this Province and that of the Mass" Bay lays us under a necessity of troubling your Lordship at this time, to implore your Grace's interest and friendship in making such a representation of this unhappy affair to his Maj*'*' in Council, as may produce an impartial adjustm' of a long standing and grevious Quar- rel as soon as may be consistent with his Maj"*^^ Royal Pleasure.
Imediately after his Excell*^'* the govern"^ was pleased to comunicate to us his Maj''** Royal Instruction in. relation to this affaire, We past an act in conformity thereto, appointed comiss"^^ to settle the Lines, &c which the gen^ assembly of the Mass" did not see fit to agree with, But passed an act very diil'erent from ours, and as we conceive much in Prejudice of this Province, which we (therefor) could not agree with : then we proposed a Comittee of each goverm' to meet and try whether (conferring together) they could not agree ujion Preliminaries for a Bill to be drawn and enacted by both goverm'*, and Comittees were chosen and did meet & try to agree, &c.
But this attempt had no better success than the former essays. For the Mass'' Comittee were instructed by their gen^ assembly to insist upon having Property and Jurisdiction as far as their auntient grants extended, which, if conceded to would bring the northern Boundary of that Province Eleaven miles and three quarters (at least) to the north- ward of Merrimack, instead of three miles, which is the Boundary fix- ed by their charter ; — by all which your Lordship will plainly discover that the settlem' of the Lines here are impracticable. Wherefore we pray it may have a finall determination at home.
May it Please your Lordship — [p. 301.] In order to a more full & p'fect understanding of the whole affaire, we have presumed to \)\\t under cover with this a coppy of all that has passed in relation to this matter since the receipt of his Maj*"*' Royal Instruction before mentioned, we humbly request the Impor- tance of the subject we write of (with respect to this Province) and the grand inconveniencey & difficulty we are strugling with on the ac- count of this unfortunate misunderstanding between the two goverm'' may in som measure appoUogize for the great trouble now given your Grace, by, may it please, your Grace's most, &c.
The foregoing is a Draught of a Representation made pursuant to a vote of Gen' assembly, T"" 25, 1731. Q)
George Jaffrey, Nath' Weare,
Henry Sherburn, Joshua Pierce.
Rich*^ Waldron, Theo. Atkinson,
Benj* Gambling, John Rindge.
In Council, October 7, 1731. The aforegoing Representation read & accepted. Eod™ die. In the House, the above read, accepted, and concurr'd with the vote of Council thereon.
(1) See correspondence, in latter part of tbis volume. Ed.
1731.] JOURNAL OF THE HOUSE. 61;^
Post Meridiem,
Pursuant to vote of Gen' Assembly made and passed 7' the 25"^, 1731, We the subscribers met a Comittee of the Mass" at Newbury, the 30* of said month, to try whether we could agree upon a preliminary Bill for setling the Divisional Lines of this and that Province ; but to no purpose. For the Instruction of the Gen^ Ass"" of that Province had given their Comittee were much streighter and more ag' the In- terest of New Hampshire, than the act which that Goverm* passed the 10"^ of February, 1730; which the Gen' Ass"" of this Province could by no means agree to. For in the Instruction the Mass" Comittee are directed that provision be made in the Bill, That all such lands or Towns which either Goverm' are in Pos — sion off, or improvem' of by virtue of any auntient Grants, be reserved to the several Goverm'% both as to Jurisdiction and Property; — which if agreed to would bring the Dividing Line (according [p. 362] to our understanding) at least Eleaven Miles & f to the northward of Merrymack, instead of three miles, which we utterly refused to comply with, especially, as to juris- diction; insisting that the line which the Comiss''^ should fix, should be but three miles to the northward of Merrimack River, according to the intent of their charter, for their Boundary, as to the Jurisdiction, whatever we might consent to in respect of Property. Then those Gen' told us they could not act any further as a Comittee, for as they had particular directions, they were obliged to conform to 'em.
However they proposd that as they and we were members of the Gen' Assemblies of the two Provinces (Laying the matter of Jurisdic- tion aside) to try whether we could agree with respect to Property and Equivalents; upon which we offered to their consideration the giving and receiving Equivalents for all such lands as had been improved within fence twelve years, by planting, sowing or mowing, Provided such Land had been granted by the Town in which it lay, and the Grant & Return of Laying out fairly entered in the Town Book ten years: who in reply thereto told us they could not think we had offered any way reasonable ; — which concluded our conference.
Henry Sherburn, Benj" Gambling,
Richard Waldrou, Nath' Weare,
Theodore Atkinson.
In the House of Representatives, Eead and accepted <fc sent up.
Whereas this Goverm* hath for many years past done their utmost endeavour to settle the Boundary Lines between this Goverm' and that of Mass'', and have passed such votes and acts as we conceive will (by every impartial person) be tlio't & acknowledged verry reasonable on the part of this Gov- erm*, which as yet hath not had the desiered effect : Having lately been defeated in our Endeavours at Newbury, as doth appeare by the Returne of the Comittee sent there ))y this Govern!^, to meet a Comittee of the Mass^ Goverm*, and upon that, this Goverm* made an humlDle Representation to liis Grace the Duke [p. 363] of New Castle and the Right Hon"'* the Lords Comiss" for Trade and Plantations :
612 PROVINCE OP NEW-HAMPSHIRE. [1731.
And this Goverm* havcing at present no agent in Great Brittaine to forward that affaire, and Capt. John Rindge (i) being about to go to Great Brittaine, and several private persons (as Friends of this Goverm') having offered to sup- ply with money for defraying the charges.
In the House of Representatives
Voted, That the said Capt. John Rindge be chosen and appointed by this House as an Agent to Represent this Pro- vince at the Court of Great Brittaine, & that he hath full power and authority as this House can give about the Prem- ises ; and if it should so happen that the said John Rindge by any means should not be able to attend the said Business, That then he have a power of appointing, and in the name of this House of desireing any such person as he shall think proper to aid & assist him in those affairs, and that the Clerk of this House furnish him with those Copyes as are voted to be sent to his Grace the Duke of New Castle, and the Right Hon'"'" the Lords Comiss'^ for Trade and Plantations.
October 7"' 1731. Sent up for concurrence.
In the House of Representatives
Whereas the vote of this House this day for appointing Capt. John Rindge Agent for this Goverm* as far as this House could impower him, was sent up to the Council for concurrence and approbation, and this House having not heard whether the Council will joyne in that affaire with this House or not, and that the matter might not fall to the ground. Voted, that the said John Rindge be impowered by this House as their Agent, and be invested with the powers in said vote mentioned, and for the ends therein mentioned.
October 7^% 1731.
Q) Capt. John Rindge was a merchant of Portsmouth, and about to take passage for London on his mercantile business. Being opulent, he advanced what money was necessary to prosecute the design of his appointment. On his arrival in England, he petitioned the King in be- half of the Representatives of New-Iiamjjshire, to establish the bound- aries of the Province, which Petition was referred to the Board of Trade. Having accomplislied his private business, and being obliged to return home, Capt. Rindge left the care of the Petition with John Thomlinson, Esq., a merchant of London, who was well known in the Province, and he employed Ferdinando John Parry as Solicitor for the petitioners. Ed. See Ad. Ann. Ports., p. 160, and Farm. Belk., p. 229.
1731.] JOURNAL OF THE HOUSE. 613
Papers voted to be drawn out and sent home, viz.
[p. 3G4.] A vote for a Comittee to settle the lines, Aug. 29"\ 1730.
A Mess" sent to the Gov"' to know what the Mass" had done & y'= answer, & our vote thereon, 9' 19"\ 1730.
Another vote for a Comittee & a Comittee to draw up a Bill and six men chosen as Comiss"^.
A vote to chuse other Comiss''', 9"^ 21, 1730. Another vote for 3 Comiss^, 9>- 2-i^^, 1730.
A Bill drawn according to the last vote, 9'" 2i.*, and enacted X' 3=^, 1730.
The Mass" Bill bro't down in April Sessions, 1731. The Objections drawn up ag' the Mass" Act — The adhering of the House to their own Act of April 25, sent up May 4"^ 1731. Provision made by the House in case of a third man & ameudm' of our Act. Return of the Comittee from Newbury. A vote about suspending Law suits on the Borderers, Refuseing to choose a Comittee, But vote to come into some other method, July 1, 1731. ,
In the House of Representatives,
Voted, That the above mentioned votes and Acts be fairly transcribed and sent to Great Brittaine according to the vote of the House, 7' 21, 1731. Sent up for concurrence.
In Council, 8"^ 7t^ 1731.
The within vote read and concurr'd with the following amendni* viz. That the Acts and votes to be sent home be only such as have been passed by all three parts of th(3 Legislature. Eod'" Die. In the House of Representatives
The above vote read and non-concurr'd and voted that the House adhere to their former vote.
Mr. Secretary came down with a ^less* from Mr. Presi- dent, and by his order declared the Gen^ Assembly Pro- rogued to the 25*'' of February next.
[About this period, 1731, the following Address was sent to his Majesty, the King.]
(Copied from "Addresses to the King" in Secretary's office.) 7o the Kings Most Excellen't Majesty
We your Majestys most Dutifull and Loyall subjects, the members of your Maj'y** Councill, Judges, Justices of the Peace, Sheriffs, under Sheriffs, Coroner, Collector & Naval officers and sundry others. Chief officers of the Militia & Principal Inhabitants & Freeholders of your Majesty's Province of New HarapS in New England, In America, whose names are hereunto subscribed, Crave leave to Implore your Majesty's paternal reguard to this Province in the following Humble Address.
614 PROVINCE OF NEW-HAMPSHIRE. [1731.
Most Gracious Majesty.
It is now about a year since your Majestys Royal Commission ap- pointing his Excellency Jonathan Belcher, Esq. to Represent your Majesty's Royal Person at the Head of this Government, was opened & published amongst us to our universal Joy and Satisfaction, not long after which the Council & Representatives of y^ Said Province, Con- vened in General Assembly, most humbly addressed your Majesty Q) (as in duty bound) on that very occasion. Expressing (with great Truth) the utmost gratitude of this people for such a Royal Benignity & Ear- nestly Supplicating the continuance of your Majesty's grace & favour in Continuing a person so well accomplished for a Governour & so ac- ceptable to the people to Rule over us: Notwithstanding which some Restless Persons, for about three weeks past have been Endeavouring to Disquiet the minds of the weaker sort amongst us. In order to memorial the Governour to the Right Honourable the Lords of Trade & Plantations, as a person not a friend to the Province, & to pray that New Hamp'' may be no longer ixnder the Governour of the Massachu- setts Bay, which Essay, may it please your Majesty gives birth to the present address, — For in Duty to our Sovereign, in Honour to our Governour, In faithfulness to the Province & in Justice to ourselves, we cannot be Dumb on such an occasion; but most humbly crave leave to bear Testimony against an attempt (tho' never so unlikely to suc- ceed) which tends to sap the very foundation of our Happiness.
May it Please your Majesty, Your Maj'^* Councill can witness the Governours solicitous concern for the settlement of the Divisional Lines between the Two Provinces & his unwearied Endeavours to accomplish it with the strictest Impartiality, w'^'' is what we earnestly supplicate may have as speedy an Issue as is consistant with your Maj'>'^ Royal Pleasure ; for the longer that Difference lyes open the greater are the mischiefs which attend it.
But to return to his Excellency, What is it that we can't all say (without a compliment) Even the little number of Discontented them- selves, in praise of a Governour whose administration is so wise, so just, so eqiial & to such universal acceptance, & who will without any question make such unbiased remonstrances to your Majesty upon this unfortunate misunderstanding as may be a means at last to bring it to a happy issue.
May it please your Majesty, This your Majesty's Province is so small, the people so few, and in general so poor, that it makes the settlement of the lines still more necessary & is no bad argument to Enforce our humble request for being continued under the Governour of the Mass* Bay, & especially him who is at Present, & we humbly hope will long continue in that Station; for we have done our utmost already even to our almost undoing in fixing so large a sum for the Governours Salary, pursuant to your Majestys Instruction, & if more should be required to support the Dignity of a Resident Governour, we can foresee noth- ing but Inevitable ruin, & besides if we should again be visited with a French or Indian War, or Both, (as at this Juncture we are threatened) Then yet more Deplorable would our condition be, for now Ave can ask succours (as occasion may require) from the common father of both Provinces with hopes of success, but how it may be upon a diflerent
( 1 ) See Page 584 of this Volume. Ed.
1731.] JOURNAL OF THE HOUSE. 615
footing God alone knows. Numberless argum'^ we humbly conceive might be used to Induce your Majesty's favour in continuing us under our Present Governour, but your Majestys consummate Wisdom as well as Goodness makes them unnecessary, & as we know what has been offered (by any who are the Troublers of our Israel) by way of Impeachment of his Excellency's conduct, can't fail of redounding to his Honour (Even without a reply) so we shall attempt no particular answer, but leave that to himself, if he shall think it worth his while.
In conclusion, We pray your Majesty may have a long & Glorious reign upon earth, & when the period of mortal Life expires, that your Majesty may be Translated to the mansions of bliss & there reign with the King eternal for ever and ever.
In humble obeysence we now withdraw from your Majesty's Pres- ence & are with the profouudest veneration.
May it please your Majesty, Your Majesty's
Most Loyal, Most Dutiful, Most Obedient, And faithful Subjects & Servants. [No signatures. See Correspondence, &c., the latter end of this volume.] Ed.
Thursday May 4, 1732,
The House met according to Prorogation by his Excellen- cies Proclamation.
A Quorum being met his ExceF sent a Mess* pr Mr. Sherrif Russell for the House to adjourn to the 5^^ curr'.
[p. 365.] Fryday May the 5*'^ 1732.
A Mess* pr Mr. Secretary That his Excell^ required the attendance of the House at the Board. Mr. Speaker and the House went up accordingly. His Excell^ made a Speech. Mr. Speaker pray'd a coppy thereof, had it and then return'd with the House. His Excelly* Speech read, and is as follow- eth, viz.
Gent of the Council,
and House of Representatives, This being the usual season for your Spring Sessions, I am come to attend his Maj"*^* service, and to concurr with you in every thing that may have the best tendance thereto, and to the lasting Weal and happiness of this Province, and I shall be glad you may be met at this time to pursue those good ends with chearefulness and unanimity, and that there may be no struggles or contentions among you, but who shall most of all approve his duty to the King, and his Love to his Country; and for my own part I can assure you I have no other views or interest to seek among you.
616 PROVINCE OF NEW-HAMPSHIRE. [1732.
If you have any thing further to offer on the old affaire of the Lines between this and the neighboring Province, I shall be ready to fall in with any reasonable measures for the peace and advantage of this Province.
Since I last met you, I have received his Maj""^* Royal Instruction respecting Negroes and Felons, that may be imported into this Pro- vince,— a coppy whereof shall be delivered you by the Secretary, and to which we must conform ourselves for the future.
Gentlemen of the House of Representatives, By the small account which the Comiss" of the Treasury will lay before you, you will see there is no money in the Treasury, and I doubt not you will think it inconsistent with the safety and Hon'' of his Maj"*^" Goverm*, or the Peace and Welfare of his subjects, for the Treasury to remaine empty, and that you will therefore in duty to the King, and in a just regard to this People, make the necessary supply to the Treasury as early as may be this Sessions.
Gent of the Council ^- House of Represent [p. 366.] A close application to the Busyness of the Sessions will pre- vent all unnecessary expence to the Province, and soon give you the oppertunity of returning to your private affairs, in the Prospei'ity whereof, as well as those of the Publick, I shall always have pleasure and satisfaction. J. Belcher.
Portsmouth May 5«^ 1732.
Voted that every Town, Parrish & Precinct within this Province shall bring in the p'sons names, and their Rateable estates carryed off ag* their names.
Post Meridiem
The Invoices of several Towns were read
Then the House adjourn'd to the G**^ curr^
Saturday May the 6">, A. D. 1732.
Ordered that the Clerk write to Carle ? Gillman of Exeter to appeare Wednesday next to make out the Invoice he has given in.
Ordered That all persons that were to appeare this day to attend the Ass™ do appear next Tuesday.
Voted That Nathaniel Wearc & Theo. Atkinson, Esq, be a Committee of this House to draw an answer to his Excell-'^ speech and present it to the House for approbation.
Then the House adjourn'd to Monday the 8^^ curr^
Monday, May 8"> A. D. 1732. Sundry debates about the Proportioning the Towns «& sup- plying the Treasury. The House adjourn'd to the 9*'' curr^
1732.] JOURNAL OF THE HOUSE. 617
Tuesday May the ninth, A. D. 1732.
A Petition of the Inhabitants of the East End of Kings- town and West End of Hampton Falls, praying to be set off of a P'ish was read & ordered the several P'ishes to be serv'd with copies.
Post Meridiem.
Stephen Jones of Oyster River declared that when his father's house was burnt, he had burnt in his Chest in said house [p. C67] forty two pounds of this Province Money. Sworn to in the House.
The House adjourn'd to the 10*'' curr*.
Wednesday May the 10"^ A. D. 1732.
The Comittee bro't in an Answer to his ExcelP* Speech, which was read & voted, accepted and sent up in the words following, viz. 3Ia(/ it please your Excellency
AVe becf leave to assure your Excell^', that we are now met to attend his Maj''*^^ service in this Sessions and to do every thing that may tend to his Maj"'^^ service and the Prosperity of his good subjects within this Province whom we represent; and this we shall do with chearefuUness, and hope with unanimity, having no sinister ends or double views, and hojie there will be no strugles nor contentions.
As to the affaire of the Lines, we apprehend this Governi' has done every reasonable thing to accomodate that matter in a Peace between the two Goverm*% and in order to do this have exceeded his Maj"*^* In- struction to your Excelly in that affair; tho' this House thinks it abso- lutely necessary that something should be speedily done in compassion to the Poore People that inhabit neare the controversy; for sundry suits have been comenced ag* the People of Londonderry and Kings- town, and the people carried into the county of Essex in the Mass*^ . Govenn' to be tried for Trespass comitted a,t least twelve miles North from Merrimack, and this at their last Court atlpswitch; and those suits upon the controverted lands have already cost one of those Towns, by a moderate Computation, at least Eight hundred jiounds: Where- fore we humbly pray that your Excelly would put a stop to these pro- ceedings until the Lines shall be settled at home, which we hope will not be long, seeing it could not be accomodated here; and to this end, this House did empower Capt. John Rindge to represent that affaire to his Maj''*= in Council and [p. 368] humbly pray his decision.
We have considered his Maj"'" Instruction relating to an Impost on Negroes & Felons, to which this House answers, that there never was any Duties laid on either, by this Goverm', and so few bro't in that it would not be worth the Publick notice, so as to make an act concern- ing them.
As to the supply of the Treasury, when the Treasurers shall lay be- fore us their accounts and estimates, we shall do every thing that shall
618 PROVINCE OP NEW-HAMPSHIRE. [1732.
be consonant with our Duty to the King, still shewing a just regard to y^ Liberty & Safety of the People whome we represent; and if any such way can be found to supply the Treasury, this House will readily grant it. But our circumstances are so that if there should be an ad- ditional tax upon the Poles and Estates of the Inhabitants of this Prov: it would have a greaf tendency to fill the Publick Goals than supply the Treasury. This plainly appears by the several Constables of this Goverm' being indebted to the Treasury, and those Collectors too, no doubt have been necessitated to use money (collected for other uses) to pay the Province Tax. These circumstances of the Province being duly weighted & considered, we doubt not your Excelly will be of opinion some other Method must be found out for supplying the Treasury.
And, may it please your Excelly, we hope we shall give the necessary dispatch to the Busyness of Sessions that the season of the year re- quires. Andrew Wiggin, Spe'.
May 10, 1732.
A Petition of the Inhabitants of Greenland praying the Privilege of having a Representative, read and voted the Prayer of the Petition be granted. A vote that Oyster Riv- er be a P'ish by the name of Durham and that they have liberty to bring in a Bill accordingly. The House adjourn'd to the ll''^ curr^
Thursday May W A. D. 1732.
Voted that Stephen Jones be paid out of the Public Treas- ury [p. -369] forty two pounds, out of the money now to be Burnt, in view of what he had burnt in his chest aforesaid.
Paul Gerrish, Esq. had Liberty to be absent upon Extra- ordinary occasions. Coll. Peter Weare bro't in £20:10 part of the money he had as Trustee & delivered it to the Treasury by order of Gen" ass™.
Post Meridiem.
Voted— That Mr. Bart. Thing and Capt. Thomas Millet • be a Comittee of this House to joyne a Comittee of the Up- per House to tell over the money that is to be burnt this sessions. The House adjourn'd to the 12*'' curr*.
Fryday May the 12t'' A. D. 1732. There- was bro't and burnt in the gen" ass™ of the Prov- ince Tax for the yeare 1731, nine hundred and thirty six pounds, & X19 : 6 : 6 by Mr. Treasurer Sherburn, and the said Treasurer is hereby discharged of the said sums Also there was bro't in by the said Henry Sherburn of the old cypher'd
1732.]
JOURNAL OF THE HOUSE.
619
Bills & Burnt <£165 : 9 : 9, and the said Henry Slierburn is hereby discharged of the said sume.
Voted That Joshua Pierce, Esq. be Recorder of Deeds for the Province of New Hampsli'' for one yeare from the end of this sessions and until the End of the sitting of the next Gen" Ass™ after the yeare is up, & until another is chosen & sworn, and that he enter upon on all Deeds he records & copies he gives out the sum he takes for the same. Post Meridiem.
Voted that an Act for Excise upon Liquors be drawn up after the same manner of the last act, and to continue for three years, and That Joshua Pierce and Theo. Atkinson, Esqs be a Comittee of this House to joyne with a Comytee of the upper House to draw up said act, and also to Farm the same to the Highest Bidder at Public Vendue.
Voted that the Bonds of the seventeen hundred and thir- ty pounds be put into the Treasurer's hands, and that he forthwith receive the Interest due thereon and endorse the same on [p. 370] each Bond as received, and that he also demand and receive the Principle of each p'son that it may be bro't in and burnt in the fall sessions.
Allowances made To Benj: Akerman, doorkeeiier
Jere Libby, repairs of the Prison
Benj^ Rust, Rent of tlie Court House,
^Michael Whidden, Repairs of the Prison
Stephen Greenleaf expences
John Trundy hauling Plank &c to the Fort
James Jeffry as Cler. Assm. 1 yeare, &|-
The two slierrifs
Rich'' Waldroii as Secretary
Mr. Sheriff Wibird, Locks for the Prison, &
erecting a Pillory at Exeter, James Jeffrey assisting the kings att^ trying
the Criminals at Exe""
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£ 10 |
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£ 13: |
4: |
8 |
|
£ 16 |
||
|
£ 4: |
13: |
4 |
|
£ 2: |
19: |
|
|
£ 1 |
6: |
8 |
|
£ 22 |
10 |
|
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£ 15 |
||
|
£ 75 |
||
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£ 6: |
7: |
6 |
|
£ 2 |
||
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£169 |
11 |
2 |
^loney due to the Province to be brought in, viz:
Excise for the yeare 1 729 £ 60 :
for the yeare 1730 £ 87 :
to May next for 1731 & 1732 £402: ,
Due from Hughes Estate £250:
Interest of the 173()£ to April 1732 . £ 86:
Ball'' of the Treasurer's acct. £ 71:
Due from John Penhallow £113:
10
10: 7:4
£1070:7:4
620 PROVINCE OF NEW-HAMPSHIRE. [1732.
To be paid, viz.
The allowances made as above
To his Excelly
To the officers and soldiers at the Fort
For wolves
Juries
[P. 371.]
Whereas by the above estimate of allowances and pay- ments it appears there will be money en° to put into the Treasury to pay the present allowances & dues from the Province : Voted that these several p'sons be allowed and paid out of the Publick Trea''^ the several sums as set off.
The House adjourned to the 13* curr^
|
£169: |
11 :12 |
|
£300 : |
|
|
75 |
|
|
40 |
|
|
9 |
|
|
£593: 11: 2 |
Saturday May 13* A. D. 1732.
The vote for Allowances sent up. The Act for Durham to be a p'ish sent up. The Act of for Excise past on and sent up. The vote for the Interest of the £1730 sent up, and the Act for Proportioning the Towns sent up.
Mr. Secretary came down, and by his Excell-^^ order ad- journ'd the general assembly to Monday 15*^ curr*.
Monday May 15^^ A. D. 1732. '
A Quorum of the House being met a Mess^ came for Mr. Secretary that his Excelly required the attendance of the House at the Board. Mr. Speaker and the House went up accordingly. His Excell^' was pleas'd to assent to the enact- ing.
An act for making the Precinct of Oyster River a Parrish by the name of Durham.
An act for Excise on Liquors.
An Act for proportioning the Towns as to Province Taxes.
Tlien the Speaker and the House return'd. In Council, May 15^^* 1732.
Voted that Henry Sherburn & Jotham Odiorn be a Comit- tee from this Board to joyn a Comittee to be appointed by the Hon^^*^ House of Represent" to examine the accounts and make return to the gen'' assm. for acceptance.
In the House read and concurr'd and voted that Theo.
1732.] JOURNAL OF THE HOUSE. 621
Atkinson, Esq. & Mr. Bart. Thing be a Comittee from the House to joyne the above Comittee for the end aforesaid. Then the House adjourn'd to the 1&^ curr*.
[p. 372.] Tuesday May 16, A. D. 1732.
A vote bro't down pr Mr. Secretary, viz.
In Council May 15"> 1732.
Whereas there is a vote . . . was passed by the House of Representatives on Saturday last which was con- curr'd with the same day in Council and has since been assented to by his Excell^' the Governour for putting the Bonds for £1730 into the Treasurer's hands and requiring the Treasurer forthwith to receive the Interest due on them and afterwards to demand and receive the Princijile sums, to be bro't into the Assm. and Burnt next fall, — and whereas the authority given the Treasurer by the said vote is only to demand and receive, which the Council conceive is insuffi- cient to answer the maine end intended by said vote.
Therefore, Voted, that the Treasurer or Treasurers for the time being, after demand made of Principall & Interest due upon the said Bonds, do forthwith put the same in suite in a Course of Law ag* such obliger or obligers, as shall neg- lect or refuse paym*^, such suit or suits to be comenced at the next Inferiour Court in June next.
Eod™ Die. In the House of Representatives, Read and non-concurr'd.
Eod™ Die. In Council this vote is recomended to the Hous's further consideration & it is proposed that the Treas- urer be rewarded for his service as the Gen" Assm. shall hereafter think propper.
In the House of Representatives, the last vote of Council was read & non concurr'd and voted that the House adhere to their vote of the 12*^ curr^
Whereas by the Estimate made the 12*^ curr* it appears there will be above £1000 to be bro'* into the Treasury and not above £600 to be drawn out
Therefore Resolved, the said sum of £1070 : 7 : 4, be for the supply of the Treasury & for payment of the charge of the Goverm* as allowed by Gen" Assembly.
A vote past the House for emitting £1000 to be bro't in by a Tax on the Poles and Estates of the Inhabitants
622 PROVINCE OF NEW-HAMPSHIRE. [1732.
fp. 373] of this 'Province in the year 1744. Sent up for concurrence.
Eod™ Die Mr. Secretary bro't down the same vote, with a Mess^ that his Excellency cannot make money to go beyond the year 1742.
Post Merediem
The High Sherrifs came into the House and represented that the Prison yard, the fence thereof, ought to be repaired for People do often bring lustrum*^ thro' the yard to the Prisoners for helping them to escape, and has actually en- deavoured to assist those now in Prison for counterfeiting the money, to make their escape.
Then the House adjourn'd to the 17^^ curr*
Wednesday May 17*'' A. J). 1732.
Theo. Atkinson bro't in his account of the receipts and discharge of Powder from 1727 to 1729.
Ball'' due to him £ 28 : 5:11
And by paym'" made as per his account £232 : 18 : 10
£261:01: 9
Dr. for Ambler's and Hughs's Money yet in his hands £246 : 11 : 3 There were brought into the Gen" Ass™ by the Coraittee for telling over the money to be burnt the sum of three hundred fifty six pounds eleven shillings and nine pence halfe penny, of the £15000 loane money received of Geo. Jaftrey, Esq.
Then the House adjourn'd to the 18'*^ curr'
Thursday, May the 18*'^ A. D. 1732.
Voted, That the Interest Money now due on the Bonds for the £1730 be forthwith bro't into the Treasury for de- fraying the Publick charges and that the several p'sons bring in their said sums of the £1730 to the Speaker of the As- sembly for the time being, or that the several p'sons renew their Bonds at 6 per ct and that the Interest be paid into the Treasury next April for the ends aforesaid, and that if any p'son refuse forth'""' to pay this Interest due or renew his Bond at 6 pr Ct. and pay his Interest now due such p'sons Bond to ^be imediately put [imediately put] in suit by the speaker for the time being.
Sent up for concurrence
1732.] JOURNAL OF THE HOUSE. 623
[p. 374.] Voted That Mr. Treasurer's accounts be accepted. Sloney outstanding in several Constables hands as pr the Treasurer's Accounts, viz. Constable of Gosper, £16: 16. Constable of New'rket, X18:17:6. Constable of New- ington, c£9. Total £44 : 13 : 6.
A Mess^ from his Excellency pr Mr. Secretary, viz. That his Excell^ required the attendance of the Speaker and the House in the Council Chamber. Mr. Speaker and the House went up accordingly.
His Excelly made a Speech. Mr. Speaker obtained a Coppy as followeth, viz.
Gentlemen of the House of Representatives.
I have consented to every thing that has been passed by his Maj'''^* Council and your House, and I am sorry the great Business of the Sessions (the supply of the Treasury) remains undone, notwithstand- ing I have so early and so often recoraended it to your especial care, as a matter more imediately belonging to your House, and I have been patiently waiting many days in hopes of your coming to a proper sence of your duty to the King & to a tender regard of the good people of this Province, in this Article; yet after all, I find you are resolved to make no supjily of the Treasury, that can be agreed to by his Majesty's Council or by me, which is to say you will make none, and this you presist in under a pretence of the difficulty that the sup- plying the Tresury in the usual manner might bring on the Inhab- itants. But how specious and vaine is such an amus'int? when a Tax of £1000 for the present yeare would be suflicient, and in time of AVar it has been common for the Province to pay a Tax of 2 or 3000£ a yeare without any complaint, altho' the Inhabitants Avere then far less in number, and their lands not cultivated or improv'd to any degree as they now are. I find, therefore Gen' that the Assurance you gave me at the Beginning of this Sessions of your doing everything that might tend to his Maj'ties service and the Prosperity of his subjects, were only words of course, and on which there was to be no dependence, [p. 375. ] By the Treasurers accounts and the estimate laide before you, you are sensible of the Debts already due from the Province, and what may be the growing charge of the curr' yeare ; and you must also know your refusing to make the necessary Provision for discharging them, is in open violation of your own laws & doing publick Injustice to all those to whome you are indebted, and it is exposing the King's Gov- erm' and his People to the utmost hazard & confussion, for neither of them can be in safety and Peace without the usual and necessary sup- ply of money. Gentlemen.
Since what I have said do's not proceed from any p'sonal views, or from a reguard to my own Salary, which is provided for, for some time to come, by the Laws you have made; But from a pure aim at the safety of the King's Goverm', and at the good and welfare of the People, I have no doubt of its haveing due weight with all those who
624 PROVINCE OF NEW-HAMPSHIRE. [1732.
would approve themselves true lovers of their country, by always con- forming themselves to the dictates of Reason and Justice.
May 18"i 1732. J. Belcher.
Then Mr. Secretary, by his Excellency's Order Declared the Assembly Di'solved.
Governor's Order about S.15,000 loan. [From MS. Gorr. in Secretary's office, Vol. I, p. 69.] Gentlemen.
The ttme being expired for the payment of the fifteen thousand pounds loan, and not half of the sum being yet paid to the General Assembly to be burnt, tho' it was provided in the Act pass'd the fifteenth of May, 1729, That the then outstanding debt should be paid, one third at or before the 25**^ of July, 1729, another third at or before the 25"* April, 1730, and the last third at or before the 2.5 April 1731, and that those who did not make the first of those payments should have no benefit of the said Act, but Extents should go against the land of such delinquent, yet so it is. That many persons made default in complying with the said first payment, yet no Extents have been made upon the mortgaged lands of such Delinquent, according to said Law; and since the term limited in the said Act expired, another year has passed away, and the money not yet paid in by one half; It is therefore my express order and direction, that you do forthwith, lay- ing aside all excuse, and without any delay, render me an exact ac- count of the state of that loan from your last account, and that you strictly persue the rules and directions of the law in making sale of the mortgaged lands, so that the outstanding bills of that loan may be, with all possible dispatch, consumed to ashes, according to the tenour of the Law : his Majesty having been pleased to command me to see the same eftectually done, according to the periods & provisions of the s'l Acts.
Dated at the day of & in the fifth
year of his Majesty's reign.
Sent May 26'^ 1732.
A remark or tioo on the Representation of the Right Honourahle the Lords
for Trade and Plantations.
[From MS. Corr. in Secretary's office, vol. I, pp. 75-78.]
That the Governour gave orders to the Captain of the Fort not to
suffer Col. Dunbar to enter there as Lt. Governour, is not rightly
represented: The order intending no more than that the said Dunbar
should not enter as Comander-in-Chief, to take the comand of that
Garrison, in open contempt & defyance of the Governour's Comission;
and well might the Governour give such an order, who had often heard
that the said Dunbar had sworn he would have the Fort, tho' he scorn'd
to ask or even to take a Commission from his Excellency for it; which
(not onely indecency, but) aggravated insolence of the said Dunbar,
necessitated the Governour to issue such an order, in a faithful! dis-
I
1732.] JOURNAL OF THE HOUSE, b2o
charge of the trust reposed in him, and in vindication of his own honour, which the said Dunbar had treated with so much disregard and igno- miny, not only in the Instance above mentioned, but likewise, when he swore he scorn'd to accept a Comission from the Governour, he spit in contempt of it, as tho' he would spit upon it if offered him : such inso- lency & such arrogancy must surely be deem'd a sufficient inducement to the Governour to exert his authority; for what could be more pro- voking than for an Inferior officer to presume to vie powers with his Captain General, as he always did, being ever upon the defyance, til he was advised by an Express, that the Governour was upon the road bound to New Hampshire; but then (being conscious of what he de- served) to the great surprise of his few friends, he made a sudden flight to Pemaquid, getting out of the Province by a hard shift against wind & tide the evening before his Excellencys arrival at Portsm", chusing rather to expose himself to the hazard of y'^ mercyless waves, in a dark and lowering night, in a little stinking fishing boat too, than to the resentment of his Governour, whom he knew he had abused and affronted, and from whom he deserved chastisement; Can any thing upon earth be a fijler proof of his own consciousness of his ill-deserv- ings from his Excellency's hands than such a sudden & mean Escape? and if so, there can be no greater argument to justify the order from his Excellency to the Captain of the Castle, if such order needs q, Justification: Moreover, the said Col. Dunbar, in farther violation of his duty, was an open abetor to Mr. Atkinson in withstanding the Governour's authority in the appointm' of Rich'^ Wibird, Esq. Collect"^ for the N. Hampshire District : The said Atkinson refusing to deliver the Custom House Seal, and the said Dunbar justifying him in it, altho' his Excellency had given an express order for the same; and besides, when Capt. Wibird waited on the s>'^ Col. Dunbar (as Lt. Gov'') by the Governour's order, to be sworn into the office of Collector, the said Dunbar swore he would not administer the oath to him; so that his Excellency was obliged to send a Dedimus to two Gentlemen of the Council, to swear him and any other officers as occasions might afterwards require: And again, after Mr. Wibird was appointed Col- lector, the Governour ordered the Lt. Gov"' not to grant any Passes to the Fort for any vessels without a clause in such Passes signifying that such vessels were duely clear'd by Rich'^ Wibird, Esq. CoUecf, which he absolutely refused to obey, and instead thereof (endeavouring to render null and void the Governour's authority & the Comission to the said Wibird, as far as in him lay) he commanded some of the officers of the Govei'ment to aid Mr. Atkinson as Collector, tho' the said At- kinson had nothing to make him so, but a dead deputation from Mr. Bacon, who departed this life some months before; and the said Dun- bar well knowing at y*^ same time, that the Governour had Comission- ated Capt. Wibird for that office, & that he had taken the oaths accord- ingly. What a high handed breach of duty & opposition was this? and what an instance of base ingratitude too, after his Excellency had wrote to the President & Council to receive him (when he came from Pemaquid) with all possible respect, & to publish his Comission w"^ the usual marks of honour in such cases, and which he well knew both from the President's letter and lips: This was some of the conduct of that Gentleman that was such matter of speculation & wonderment y^ last summer, in this part of the world: Tho' really the greatest wonder 40
626 PROVINCE OF NEW-HAMPSHIRE. [1732.
of all, was at y'' patience & forbearance of the Governour (under such prodigious provocations) that his Excellency did not immediately send him home to answer for his misdeeds before his Superiours there, or at least confine him til his Majesty's pleasure should be known; and to prevent the mischiefs which (it was generally tho't) he would have done, if he could have made any considerable party: But, heaven be praised, — his number was but small, being but about a doz" or fifteen persons at most, w'^'' consisted onely of disbanded officers and their relatives and dependants, a decayed Gentleman or two, a book-keeper, an Irish rover, and Pedlar of the same country.
As to the Lt. Gov"" Exercising the ordinary powers of Goverment when the Gov'' is at Boston, It is an ancient adage, " That what has been may be," and what has lately been (& of what pernicious tendency) may be seen in the foregoing specimen of Mr. Dunbar's management in the last summer; — pretty much of the same kind & stamp w'*^ the administra- tion of a Lt. Governour of the same Province in the year 1717, Q) who undertook to suspend a Councill"', (-) to dissolve the Assembly, & Issue Public lustrum''* in his own name, which Governor Shute, then in the Mass*^ being advised of by a courier, sent for that purpose, was obliged to ride post to that Province to still the disorder occasioned by the then Lt: Gov""* misconduct there; and in order to it the first step his Ex- cellency took, was to suspend the said Lt. Gov"" (as a Councill'') which was done by unanimous advice of a full Council; & immediately there- upon (by y'' like advice) he issued Proclam" throughout the Province, declaring how far the Lt. Gov''** power extended, w*^'' was limitted to such oi"ders and Instructions as he should receive from his Majesty or the Capt. Gen^. Then the Gov'' made an order in Council to the Clerk not to deliver nor make use of the Prov. Seal but by his special order; and finally, represented home the behaviour of that Gentleman, who was immediately thereupon dismissed from y*^ Lt'enancy; & y*' suspension of him as a Councill'' was highly approved, and he never appeared more at the Coun. Board to his dying day. Now, however great the Incon- veniencys have already been, eitlier in the year 1717 or last summer, yet much greater may they be, & doubtless will, if the present Lt. Gov'' should be countenanced from home in jaring w"' the Governour and counter-governing y*^ Province; for if it sh'^ be so, whatever the Gov'' may do in y*^ m** or six weeks in a year, that he is there, the Lt. Gov"" may undoe as soon as his back is turn'd; and by the same rule and reason, when the Lt. Gov'' shall be gone to Pemaquid or elsewhere, the President of the Council may Act his part as Chief; and if he too should happen to step out of y*^ Province, then the next eldest Coun- cill'' might also Execute another scheme of Politicks, and so on:-- which would involve y*^ poor people in a labyrinth insuferable of Difliculty; for what can be y*' consequence of a competition or rivalship for power but a train of evils, jars, discords & animosities, breaking the conmiun- ity into partys & peices & keeping them in a perpetual clash ? What can be expected in such a case but almost daily enacting & abrogating the same Laws, frequent Elections & dissolution of Assemblies, & as frequent si;spending Councill'"*' & calling others in their room; the often granting Comissions to Judges & Justices, &as often superseding them, whereby y* course of Justice must be unavoidably impeded; and be-
(1) Lt. George Vaughan; soe Vol. II, p. 709. (2) Sam'l Penballow. Ed.
1732.] JOURNAL OF THE HOUSE. 627
sides there will be a continual change of military officers, which will leave y** Militia untrained & undiciplined, and by consequence, entirely unfit for service, which will be ten thousand times worse than anarchy itself. And besides, the vesting y'= Goverm' in y*^ Lt. Gov'' would be inverting the very nature & order of the thing contrary to the usage in such cases, as well as y'' plane intent & express words of both the Gov"^ & Lt. Gov'* Commissions; and moreover, it would be making a mere nominal officer of the Governour, & his Comission a blank, or at best it would be depriving him of 11-12""* of the authority which his Maj^ has been graciously pleased to bestow upon him.
P. S. Upon a 2<i tho't— May not y« Lt. Gov''' attempt to get y« Fort into his hands be improved as tho' he designed thereby to support At- kinson as Coll"' by stopping y" vessels y' did not . . . with him.
Again: ye Testimony of Wentworth and Atkinson was not duely & properly authenticated. Col. Waldron not being notifyed.
Again: Those Deponents were evidently partial & bias as fully ap- pears by Atkinson's conduct as Coll'' & the Testimony taken last week jjgst "Wentworth.
Again: 'Tis sd the Clerk of y'' peace was present, (an indifferent man) why was he not sworn as well as y^ two party men?
Indorsed — " Remarks on y'= Represent" of Lds. of Trade, sent y* Gov' May 2(3, 1732."
628 PROVINCE OF NEW-HAMPSHIRE. [1732.
[p. 376.] Anno Regni Regis Georgii Secundi, Magnce Britan- nice, Francice, et Hibernioi, ^c. Sexto.
A Journal of the House of Representatives of his Maj"*' Province of New Hampshire in New England, began and held at Portsmouth in said Province, August the 29th, Anno Dom. 1732.
The Persons Return'd according to the King's Writ to serve in the General Assembly, for the several Towns, are as followeth, viz.
{James Clarkson, Esq. Mr. Penning Wentworth Capt. George Walker. SPaul Wentworth, Esq. Nicholas Hartford William Damm i Peter Weare, Esq. Hampton < Mr. John Sanburn
( Mr. Samuel Palmer. -p ( Mr. Bartholomew Thing
Exeter | Nicholas Oilman, Esq
New Castle, Theodore Atkinson, Esq. Rye, Capt. Richard Jennis
Kingston Mr. Ebenezer Stephens
Newingtown Mr. George Walton Londonderry Mr. John McMurphy Stretham Andrew Wiggin, Esq.
Gree-land Mr. Matthias Haines
Durham Capt. Francis Mathes.
[p. 377.] The Hon""' Jotham Odiorn & Ephraim Dennit, Esq. came from the Board & acquainted the House that they were authorized by his Excelly to adnV the oaths to the members returned pursuant to an Act of Parliament, which being done, they withdrew.
Eod"^ Die : A Mess** from the Board pr. Ephraim Dennet, Esq. viz. That the House proceed to the choice of a Speaker.
The House proceeded to the choice of a Speaker.
Andrew Wiggin, Esq. was chosen Speaker.
A IMess"" sent to the Board to acquaint them the House had made choice of Andrew Wiggin, Esq. for their Speaker.
1732.] JOURNAL OF THE HOUSE. 629
A message from the Board to know if the House Lad chose their Clerk — and then withdrew.
The House proceeded to the choice of their Clerk
James Jeffry was chosen Clerk and sworn accordingly.
A Message sent to acquaint the PJoard the House had chose their Clerk. Wr. Secretary and Ephraim Dennet, Esq. came into the House and Mr. Secretary said it was his Excellencies Order that this General Assembly be prorogued to the 4'^ of 8'' next, — and then declared the Assembly Prorogued accordingly.
[From MS. Corr. iu Secretary's office, Vol. I, pp. 71-72.] Capt. Joshua Pierce's Letter to Gov. Belcher^ about Mandamus, and Gov.
B's reply.
Portsmo Jan. 11, 1732-3. May it please your Excellency,
Sir — I being this day in Conversation -with Mr. Sec^ Waldron, he intimated to me that your Excellency was much incensed against me for managing as I did with my Mandamus. Within a week after it came to hand (which was under cover of a letter from Capt. Tom- linson of London to my son Josh.) I presented it to Mr. President AValton in the Council Chamber, and neither he, nor any of the Gentle- men that were present, mentioned a word of my forwarding it to your Excellency; and I beg leave to assure your Excellency, that neither in this aifair or any other since your administration in the Goverment of N. Ilamp'' have I acted any thing with design to give yo'' Excellency any umbrage, and what has been amiss of any kind whatsoever, it was want of better information, and most humbly pray, that your Excel- lency will be so good as to pardon a sin of Ignorance, in your most obe''' humble serv'. Josh* Peirce.
Superscribed — "To his Excellency, Jonathan Belcher, Esq. in Bost"
A true copy — pr E.ich'^ Waldrou, Secy.
[From MS. Corr. in Secretary's office, Vol. I, p. 73.] Gov. Belcher's Answer.
Sir — I have yours of the 11, present, & observe what you say in ex- cuse for so long detaining the Kings royal order to me for admitting you to be one of his Majestys Council for New Hamp''.
Capt. King who bro't it arrived here Monday the 18"' Dec'' and you received it the Wednesday following, and presented it to the President the 28'^ of the same month : How came you to conceal it so long ? and since it was in the first place directed to me? (whom his Mnjesty is pleased to say is not absent from New Hampshire, when iu the Massachusetts.) Why did you not by return of the Post transmit it to me that I might have given my order thereupon ? However Sir, since
630 PROVINCE OF NEW-HAMPSHIRE. [1733.
you seem to plead ignorance, and that you had no design to give me any umbrage, I have return'd the Mandamus to the Secretary, and have ordered the President to call a Council, and to have you sworn & ad- mitted in obedience to his Majesty's royal orders, and that the Secre- tary record the Mandamus and return me the original, and that a copy of your letter and my answer on this head be put upon the files of the Secretary's office.
I give you joy. Sir, of the honour the King has done you, & I hope you will do his Majesty good service & honour in the station he has set you. I am, Sir,
Y"" Serv'. J. Belcher. Boston, Jan. 15, 1732-3. Capt. Pierce.
A true copy, Pr. Rich'^ Waldron, Sec^.
Thursday February the 22*^ Anno Dom. 1732-3.
The House met according to Prorogation by his Excel- lencies Proclamation.
A Mess^' sent from the House to Mr. President Walton to acquaint him there was a Quorum of the House met.
Mr. President came into the House & adjourn'd the As- sembly to the 23^ curr*.
Fryday, February the 23" A. D. 1732-3. His Excellent not being come into the Province Mr. Speaker adjourn'd the House to the 24*'^ curr*.
[p. 378.] Saturday, February 24t»> A. D. 1732-3.
The Cler. being sick Mr. George Walton was chosen Cler. Protempore.
A Mess^ was sent from the House to his Excell"® to signi- fie there was a Quorum met.
A Mess^ from his Excell. pr Mr. Secretary viz. His Ex- cell, required the atten of the House at the Board.
Mr. Speaker and the House went up accordingly. His Excell^ made a Speech.
Mr. Speaker pray'd a coppy thereof, had it and return'd with the House.
The Speech was read in the House and is as followeth, viz.
Geiit. of the Council
ly House of Repref^entalives
I had met you sooner in Gen' Assem. but that my duty to the King in the next Province prevented me in
1733.] JOURNAL OP THE HOUSE. 631
the fall, as the severity of winter has, since tliat time. I hope you are now come disposed to do what may reasonably be expected from you for his Muj'''^^^ service, and for the welfare of his good subjects of this Province.
Since I was last here, I have received his Maj''"^^ Royal Instruction forbidding any duty on Brittish Shipping or Manufacture, which Mr. Secretary shall lay before you, that you may for the future conform yourselves thereunto.
Gent, of the House of Representatives
I shall direct the Treasu"" to lay his accounts before you, by which you will find there neither is nor has been any money in the Publick Treasury for a long time. I shall therefore not doubt of your doing therein what is absolutely necessarj' for the support and safety of the Goverment, as well as for doing Justice to all to whome you are indebted, [p. 879.] Gent, of the Council and House of Representatives
I must desier you to apply yourselves diligently to the Business of the present Sessions, and I shall be glad to go hand in hand with you in every thing that may promote the Publick good, and which I hope you will pursue with unanimity among yourselves. J. Belcher.
Feb. 24"^ 1732-3.
Yotcd That Peter Weare, James Clarkson & Theo. At- kinson, Esqs. be a Coniittee of this House to draw up an answer to his ExcelP Speech & present it the House for approbation.
A Mess, pr Mr. Secry. that his ExcelP' adjourn'd this Gen" Assm. to Monday next.
Monday February 26^^^ A. D. 1732-3. Epliraim Dcnnit, Esq. came down and laid his Maj^'^^ Royal Instruction (mentioned in his Excell. Speech) before the House which was read. The House adjourn'd to the 27^'^ curr*.
Tuesday February 27"^ 1732— Several Debates in the House
Post Meridiem. Ephraim Dcnnit, Esq. Bro't down the Treasurer's accounts to be past upon. Then the House adjourn'd to the twcnty- eiarhth curr*^.
Wednesday, Feb>- 28**^ A. D. 1732-3. Ephraim Dennit Esq. bro't Down a Petition sign'd Benj* Rust praying for an Execution on a ifessuage formerly re- covered of Mr. Thomas Packer with a vote of Council thereon
632 PROVINCE OF NEW-HAMPSHIRE. [1733.
for a lieariiig on Frjday next. Read in the House and cou- curr'd with the vote of Council.
Voted, That Joshua Pierce, Esq. be recorder of Deeds for this Province for the yeare ensuing and until the Spring Sessions which will be in the yeare 1784 & that he be allowed and paid for every Deed he shall record, by the p'son that Bro't the same & for his attestation thereon two shillings and six pence.
Post Meridiem
The answer to his ExcelP Speech read & accepted, and voted to be sent up and is as followeth, viz.
[p. 380.] May it Please your Excell.
The Reason your Excell. has given for not meeting the Gen' Assem- bly of this Province sooner, this House has given its full weight and consideration, and we beg leave to assure your Excell^ that we are met intirely disposed to serve the interest of this Province, and to do every thing that a Gracious King can expect from Dutyfull and Loyal subjects.
His Maj"'^** Royal Instruction forbidding the imposing Duties on Brittish shipping and Manufactures has, by your Excell* Command, been delivered the Speaker, who has comunicated the same to the House, and as former Assemblys have not been wanting in their Duty in paying a just regard to the King's Instructions, so it is to be the less doubted from this Assembly on such an occasion.
The Treasurer's accounts also lay before the House, and it is our greatest concern how, and by what means we shall supply the Trea- sury, which your Excell. has observed to us has been so long empty, that so the just Debts of the Province may be discharged, and in such a manner that we may approve ourselves faithful to the People we Represent, and in such a way as to be under no necessity of Loading the Inhabitants with heavier taxes than they are able to pay. We beg leave to repeat our assurances to your Excell^ that this Assembly is met, heartily disposed to promote the good of the Province as far as it shall be in our power; and if a dilligent attention on and constant application to Piiblick afiairs, a good harmony with your ExcelP' and the Hon'''*' Board, which your Excell-^ has given us reason to hope for, will efi'ect it, we .shall pursue those ends whereby this Sessions will be rendered short and consequently attended with less charge — the only way to promote the Public weal under our present distressing circum- stances for want of a proper medium.
Andrew Wiggin, Speak'.
Then the House adjourn'd to March P^ 1732-3.
[p. 381.] Thursday March the first A. Dom. 1732-3.
A Petition of the East End of Kingstown and West End of Hampton Falls praying to be set off a scpparate p'ish or Precinct read and voted tlie Peti" be dismissed.
1733.] JOURNAL OF THE HOUSE. 633
Voted, That an Act be made to prevent p'sons killing Deer at unseasonable times.
Hent up for concurrence.
Post Meridiem.
A Petition of the Inhabitants of the Town of Nottingham praying that they may have a High way for the benefit of tlic Town as set forth in the Petition, Read and Voted as on the Petition & sent up, No. 3.
Voted — That Mr. Benning "Wentworth and Mr. Bart. Thing be a Comittee of this House to joyne with such as may be appointed by the Council to tell over what money shall be Bro't into the gen'^ assembly in order to be burnt this sessions.
Sent up. Eod™ Die. A Mess'* from the Board tliat the above vote was concurr'd and that Joshua Pierce and Eph- raim Dennet, Esqs, were appointed at the Board to joyne the above Comittee for telling over the money to be burnt.
The House adjourn' d to the 2'^ curr*.
Fryday ^larch the 2'^ A. D. 1732-3. Several Debates in the House. A Mess^ that the vote for an Act ag* killing Deer &c. was concurr'd at the Board and that the Council desired the House to prepare a bill accord- ingly. The House adjourn'd to the 3*^ curr'.
Saturday March the 3'' A. D. 1732-3.
The Comittee for telling over the money to be Burnt Bro't into the Assembly from Mr. Treasurer Sherburn to be Burnt of the years Tax the Sum of six hundred thirty six pounds, nineteen shillings which was Burnt, and voted that the said Treasurer Sherburn is hereby Discharged of the said sum of £636 : 19.
The said Comittee also Bro't into the Gen" Assembly the sume of one hundred forty-two pounds sixteen shillings & one penny, money they received of Henry Sherburn Esq. as Trustee for Exchanging the old Cypher'd Bills of Credit of this Province which said Bills [p. 382] was Burnt in the face of the assmbly and voted that the said Henry Sherburn is hereby discharged of the s*^ sum of £142 : 16 : 1. A vote sent up to desire his Excell-^' to adjourn the ass™ to the 12"* curr*. Eod'" Die. A Mcss^ sent down that his Exccll. ad- journ'd this assembly to Monday the o"' curr'.
Qo4: PROVINCE OF NEW-HAMPSHIRE. [1733.
Monday March the 5"' A. D. 1732-3.
Yolcd — That Megs'"" Bening Wentworth & James Clark- son be a Comittoc of this House to joyne with such as the Council shall appoint to audit Mr. Treasurer's accounts, Mr. Atkinson's accounts and all other accounts that shall be bro't before the gen'^ assembly this sessions, and make report thereof.
The House adjourn'd to the 6^^ curr*
Tuesday, March the G^^^ A. D. 1832-3.
The above vote sent up, Eod'" Die. Retur'^ non-concurr'd. In Council, May []March] the G^i^ 1732-3.
Yoted — That Jotham Odioru & Ephraim Deniiet Esqs. be a Comittee from this Board to joyne with such as the House shall appoint to audit all accounts that are cognizable before the gen" Court and make their return to the gen'^ ass™- Sent down for concurrence. In the House read and non-concurr'd and voted that the House adhere to their former vote & sent up.
Post Meridiem
The vote of the House on Nottingham Petition bro't down non-concurr'd and another vote of the Council there- on read and concurr'd and sent up.
Whereas upon the several successive years between this yeare and the yeare 1742, there is a Tax by several Acts laid upon the Poles and Estates of the Inhabitants of this Prov- ince which is when bro't into the Treasury to be Burnt in order to sinck the several pounds mentioned in the said acts which said sums on the said several years the People of this Province will scarcely be able to pay, & in as much as the aforesaid sumes [p. 383] were Emitted for & Expended in the service of this Province in defending the Lives and Es- tates of liis Maj^''''* subjects in a Long & tedious war with the Indian Enemy, in repairing his Ma]^'"* fortifications and for maintaining & supporting our armies & soldiers that we sent into the County of York & other places in quest of the said Ennemy, by which means the Province is now in debt by the aforesaid acts that it will be utterly impossible for the In- habitants to pay by a tax the money that is by the said acts to be Bro't in and Burnt, and at the same time to support and maintainc the charge of the government by an addition-
1733.] JOURNAL OF THE HOUSE. 635
al Tax the scarcity of money being so verry great and the People of this Province being so much reduced for want of a propper medium.
Wherefore, Voted, that there be the sum of £20,000 in paper money forthwith struclv & and put into the hands of a Committee to be appointed by the gen^' assembly to be Lett out at 5 pr ct Interest for & during the Term of sixteen years to any p'son that shall give such security as shall be agreed upon by the gen'^ assembly & that the Interest that shall be- come due and paid \)C put into the Treasury in such sums and for paying such allowances as shall be made and agreed upon from time to time by the gen'^ assembly ; and for a fund and security for repaying the same.
Voted that the Borrowers be obliged by their security aforesaid to repay the same at £25 pr ct pr annum on each successive yeare after the expiration of the above mentioned sixteen years untill the Principle be paid in and that with- out any Interest as above said for the foure years last men- tioned, and in as much as it will be some time before any Interest will become due on the said money & the Treasury not having a sufficiency to defray the allowances of the curr^ yeare, for the supplying of w4iich,
Voted, that there be the sum of one thousand pounds made [p. 384] and put into the Treasury for the Ends above said, and for a fund for the Repaying the same, voted that a tax be laid on the Poles and Estates of the Inhabitants of this Govermcnt as follows, viz. one hundred pounds on the yeare 1733, £100 on the yeare 1734, £100 on the yeare 1735, and so on each successive yeare till the yeare 1742, and that the acts be drawn up accordingly. Sent up.
Eod™ Die. In Council Read & non concurr'd unanimously.
Voted, That the Interest money now due on the Bonds for £1730, be forthwith bro't into the Treasury for defraying the Public charges and that y® several p'sons bring in their said sumes to the Speaker of the assembly for the time being or that the several p'sons renew their Bonds at six pr ct. and that the Interest be paid into the Treasury next Aprill for the ends aforesaid, and that if any p'son refuse forthwith to pay his Interest due or renew his Bonds at six pr ct. and pay his Interest now due such p'sons Bond be immediately put in suite by the Speaker for the time ])eing. Sent up for concurrence.
The Ilouse adjourn'd to the 7"' curr'.
636 PROVINCE OF NEW-HAMPSHIRE. [1733.
Wednesday March the 7^'' A. D. 1732-3.
May it Please your ExcelVy.
This house having received many and great complaints of the ex- tream difficulties and hardships his Maj''*^" Subjects in this Province Labour under by tlie lucroachments of our neighbours the Inhabitants of the IMass'' which are dayley made on the Land of the Inhabitants of this his ]Maj''''^ Province, Particularly in the Tovrns of Bow, Lon- donderry & Kingstown.
Some of which Towns have greatlj' suffered by having their Inhabit- ants carryed into the County of Essex in the Province of tlie Mass'', and there tryed and condemned in great cost, even to the Impoverish- ing the said Towns; some of which Towns, p'ticularly the Town of Bow, who erected a House for defence in case of a Warr and for the Publick worshij^ of God, was burnt & destroyed, which greatly retards the settlem*^ of the said Town, and [p. 385] if not prevented will ren- der it impracticable to settle the same according to the intent and meaning of their Charter; Werefore this House begs leave to address your Excellency in behalf of those Poore distressed People, and pray that your Excellency would be pleased to recommend to the Gen' As- sembly of your other Goverm' that they put a stop to all such pro- ceedings untill his Maj"*' shall graciously be pleased to order the set- tle'"' of the Boundary lines, and to assure your Excell. that this House will readyly Joyne with your Excell. & the Hon''''' the Council in pass- ing any vote that shall be tho'"^ necessary on the part of this Province to effect the Ends aforesaid.
Read and Voted to be sent up. Whereas this House did on the 6"^ of this inst. Ma'' pass a vote for the Emitting the sum of £20,000 to be let out at
5 per ct Interest for 16 years to any p'son that should give such security as should be agreed upon by the Gen^ Assem- bly, which said Interest was to be put into the Treasury in such sums and for paying such allowances as should be made
6 agreed upon from time to time by the Gen^ Assembly, and for a fund and security for repaying the same, it was Voted that the Borrowers be oblidged by their security to repay the same at 25 pr Ct. for 4 years next succeeding the 16 years in said vote mentioned ; and also in the said vote there was provision made for an immediate supply of the Treas- ury by voting the sum of XIOOO to be made and put into the Treasury, & for a fund for the repaying the Same. It was Voted that the same should be bro't in by an additional Tax of a £100 on each year till the same should be repaid in order to be burnt : Which said vote was on the same day non concurr'd unanimously by the Council — And the House apprehending the reason why the Council did not concur Avith the afforesaid vote, was because the money proposed to be made was to run & stand out for too long a time.
1733.] JOUKNAL OF THE HOUSE. 637
Wherefore Voted, That the above said sum of .£20,000 be made and let out as mentioned in the said vote, and to run upon Interest [p. 386] for eight years instead of 16 years, and the Principle be paid in the two successive years, each year one moity without Interest, instead of the 4 years mentioned in the said vote, and that the sume of £1000 be made for the supply of the Treasury as by the said vote above mentioned was intended, and that the said sum of £20,000 or any part thereof be redeemable by silver money at such a Rate as shall be agreed upon by the Gen- eral Assembly, and that an Act be drawn up accordingly. Sent up for concurrence.
Post Meridiem.
A Petition of Richard Perry a souldier at his jMaj''*^ Fort Wm & Mary for himself & in behalfe of the other souldiers belonging to the said Fort praying their pay may be made them, as usual halfe yearly, was Read,
And Voted thereon. That the Prayer of the Petition l)e granted & that the souldiers be paid out of the money in Mr. Atkinson's hands which by the vote of this House is ordered into the Treasury.
Then the House adjourn'd to the 8*'' curr'
Thursday March 8«^ A. D. 1732-3.
Whereas there is money due to the Province from Theo- dore Atkinson, Esq. which he received as sherrif of this Province, which he informs this House he is ready to pay as soone as the same shall be settled, and this house having made choice of a Comittee to joyne with a Comittec of the Hon^''° the Council as well as for the settling the said Atkinson's account as all others which lay before the Gen^ Assembly — Which as said vote was non concurred by the Council.
Wherefore Voted, That the Council be desired to recon- sider the said vote for auditing the said Accounts; and whereas this House have granted the Praying of the Peti- tion sign'd by the Souldiers of the Fort praying ibr theire Wages, which is by said Grant to be paid out of the said money in Mr. Atkinson's hands, — Wherefore Voted, That the Ballance that shal becom due to the Province from the said Atkinson's be put into the Treasury and l^e applyed to
638 PROVINCE OP NEW-HAMPSHIRE. [1733.
the [p. 387] paying the said souldiers, and that his Excell be desired to give liis warrant accordingly.
The above vote on the Petition & this sent up for con- currence.
Eod™ Die. The above vote Read and nonconcurred, and the Petition returned with a vote of Council thereon : viz. In Council Mar. b'^ 1732-3 — Voted, That when there is a suffi- cient supply of the Treasury to disharge the debts of the Province, the Petitioners within mentioned be paid off in Course.
In Council March 8«\ 1732-3.
In answer to the vote of the Hon''^'' Plouse of this day desireing the board to reconsider their vote for a Comittee to audit the Publick accounts and Mr. Atkinson's, the Coun- cil say. That they have made the fullest and most pertinent vote already that they are capable of making relateing to an audit : — which says, The Auditors shall pass upon the Treasurers and all other accounts that are proper to the Cognizance of the General Assembly, and what more they can properly say in that regard they know not. As to Mr. Atkinson's Accounts the Council know of none at present that are Cognizable to the Gen^ Assembly, for that the ac- counts of Iluse's money he has given under his hand already, by which the Ball^ due from him to the Treasury is £292 ; and as to the estate of John Ambler which the said Atkin- son took in Execution as sheriff. It was a Forfeiture to his Maj'"^ by a Judgm* of one of the King's Courts, which the Hon''''' House ought to know they have nothing to do with ; and as to any other Acct. of the said Mr. Atkinson's, when he layes it before the Council they will quickly committ it to the Auditors if the House see meet to appoint any, and it appears to the Council that tis proper for the Examina- tion. Pass'd unanimously.
In Council, Mar. the 8"^ 1732-3
Whereas the vote of the Hon"''" House of the 6^^ inst. for the Speakers taking the Bonds for the ,£1730 into his hands and proceeding thereon according to the Tennour of the said vote [p. 388] is not (in the Councils opinion) projected for the best interest of the Province ; because, in the first place, it will charge the Province with double Comiss"^ for the said vote says the Speaker gather the Interest and then pay into the Treasury, so that the Speaker and Treasurer
1733.] JOURNAL OF THE HOUSE. 6S9
must both be paid ; whereas if the collection was made by the Treasurer it would be done witli halfe the charge : — In the next place, the Treasurer is under Bonds not to mis- use or misapply the Publick moneyes ; therefore the Coun- cil cannot but be of opinion he is the most proper p'son to do that business ; vast inconveniency having been already experienced by Publick moneyes having been scattered about the Province in Private hands : Again, the Treasurer is not only the proper officer in such a case, but is most conveni- ently situated for doing the business — all or most of the Debtors living in the Same Town with him : And Lastly, Suppose the Speaker had comenced Suits on all the Bonds, which would be attended with a vast charge, and the Gov'' should think proper to disolve the Asses™ the Process's would be discontinued and the charge lost of course.
Therefore upon the whole, Voted, That Mr. Treasurer Sherburne who now has the s*^ Bonds by virtue of the order of the Gen^ Assm. made the last sessions, forthwith demand the Interest due upon the said Bonds, and that he take new Bonds of those of the Bo. rowers that desire it, for one yeare more at 6 pr ct. and that he Prosecute in Law those that refuse to pay their Interest and renew their Bonds as above said, at next June Court without faile. Sent down.
The following vote bro't down (with the above) viz. In Council March the S"' 1732-3. Voted that the Hon'^"- Joshua Pierce Esq. be Recorder of Deeds for this Province for the term of six months and to the end of the next Sessions of Gen" Assm. after the six months is ended and that the Eecorders fee for the future be five shillings instead of half a Crown. Sent down.
Eod™ Die. In the House Read and non concurred unan- imously. [p. 389.] Post Meridiem.
The following vote of Council Bro't down, viz.
In Council Mar. S'"" 1832-3. Whereas the Hon"=^ House of Representatives did on the sixth current send up a vote to this Board of that date for the emition of £20,000 upon Loan & £1000 for the supply of the Treasury under cer- taine limitations and Promises, &c. which the Council non- concurred unanimously and sent back to this House, and whereas the House did yesterday think proper to send up another vote of the same tendency but something different
G40 PROVINCE OF NEW-HAMPSHIRE. [1733.
as to the Restrictions in which they say the House appre- hended the reason why the Council did not concur with their first vote was because the money proposed to l)e made was to run and stand out for too long a time, which the Council think proper now to tell them is a mistake. In order to prevent any further fruitless essays of the like sort, for the the length of time was a good reason for the Council's non agreem*, yet it was not the only one there being several other material objections to that sclieam which are needless to mention. The Council thinking it sufficient to say once for all that the Emission of <£ 20,000 or any other sum whatever on that footing is diametrically opposite to his Maj"''^ Instruction which was the maine though not the onely reason of the Council's non concurrence as above mentioned. Passed in Council unanimously. Then the House adjourn'd to Mar. 9*"^ 1732—3.
Fry day, March the 9"^ A. D. 1732-3. For as much as there remains in the Hands of Coll John Plaisted, Esq., the sum of £62 : 18 : 4 of the money to Ex- change which is something Precarious and Tho^ Phips Esq. has offered to give security for the same allowing him till the next Fall sessions for the paym* thereof: Wherefore Voted That the Speaker of the Ass'" for the time being take the said Thomas Phips Bond for the above sum of <£62: 18 : 4 and that when the money is paid according to the Tenour of the Bond the same be bro't into the Gen'' Assembly and Burnt without any further charge.
[p. 390.] A Mess^ from the Board pr Mr. President and Mr. Secretary that the Board had nothing before them and that his Excell. intended to Dismiss the Ass"^ to-morrow.
Post Meridiem Mr. Secretary bro't down a written Mess^ from his Ex- cell, read and gave it the Speaker which was read againe hi the House as follows, viz.
Gent, of the House of Representatives,
I assure you the contents of your Mess'' of the 7"' cur' gives me much concern and unesiness, and I shall very earnestly recommend what you desire to the Ass'" of the Mass" at their meeting the next month, and shall be ready in the meantime to give my consent to any
1733.] JOURNAL OP THE HOUSE. 641
reasonable act may be agreed on by the Council & your House for the Ease and (^uiet of the distressed Borderers on the Line.
J. Belcher. Mar. 9"S 1732-3.
Eod"* Die. In the House Voted, that the thanks ot the House be return'd to his Excell. for his Kind Mess^ Relat- ing to the Lines.
Whereas great inconveniencies arise by the frequent Law- suits comenced ag* People claiming Property in the Lands neare the Boundary Lines between this Province and the Province of the Mass'' which greatly impovishing all that are concern'd therein, and no wayes quiets the People in their Possessions or confirms their Property ; for what has been done by one Goverm*^ hath offten been revised by the other, which creates a great and needless Expense & trouble to the Poor Inhabitants on those controverted Lands : There- fore Voted, that no action of Trespass or Ejectment be co- menced from and after the first of ]\Iay next, ag' any p'son Either for Trespass or Trying of Title on any of the afore- said Lands in controversy between the Goverm*^ until the lines bettween the Gover™*^ are determined and settled, or till further orders.
Provided nevertheless, that this vote shall not be in force [p. 391] unless the Goverm* of the Mass* pass a vote in substance like this, and to continue for the same time.
Mat/ it Please your Excelly,
This House hath maturely considered and debated the weighty affaire of granting a further supply of the Treasury, to answer which End this House projected two Bills for the emitting the sum of £20,000, the Interest of which was by the said votes for the supply of the Treasury; which said votes were uonconcurr'd by the Council. They did also, for defraying the intervening charges of y'^ Goverm' pass a vote for the putting in a 1000£, besides the interest on the 1730£ & the money in Mr. Atkinson's hands, (which this House proposed a vote for paym' of the soldiers of the Fort Wm. & Mary) but that vote was also nonconcurrd by the Board, and by their vote say the House ought to know they had nothing to do with : Now this House thinks they have and ought to have a vote in the disposal of all Publick money, and that the Board were formerly of this opinion, appears by their sending down Mr. Atkinson's account to be past upon in the last Ses- sions ; so that that money is still unapplied notwithstanding the said Atkinson hath declared his readiness to pay the same. So that the House can see no other way of supplying the Treasury without op- pressing the People whome we Represent, than what they have come into. Wherefore this House are humbly of opinion that it will greatly tend to the Prosperity and welfare of his Maj'''" subjects of this Prov- • ince to address his Maj"« by the hand of our Agent, to obtain his Royal 41
642 PKOVINCE OF NEW-HAMPSHIRE. [1733.
leave for a farther Emission of Paper currency, more especially since your Excelly has informed this House that you can't consent to; It being contrary to his Maj"'^'' Royal Instruction to [your Instruction] your°Excelly, and if the Hon'''^ Council should think proper to appoint a Comittee to joyne with a Comittee of this House for the ends afore- said, we are humbly of opinion it would be attended with the desired effect.
Then the House adjourn'^ to the 10^'^ curr'.
[p. 392.] Saturday March the 10*^ A. D. 1732-3.
Mr. Secretary Bro't down the following vote of Council, viz.
In Council March the lO^'' 1732-3.
Upon considering the several votes that have already past between the two Houses and of the Mass^ made by the Council to the House yesterday relating to the 1730X Voted that the Borrowers of the s*^ 1730X have liberty to renew their Bonds payable to the Treasurer for the time being for the space of two years from the date hereof, at 6 pr ct pr annum any time between this and the 25^'' of April next, first paying the Interest to the Treasury due to that time and that the Bonds of those that do not renew as aforesaid within the Term aforesaid shall be put into the hands of the Speaker for the time being who is hereby directed and Required to put the same in suite without delay or Excuse at the Inferior Court next coming after the said Speakers receiving them and that the said Speaker give a Receipt to the Treasurer for such Bonds as he received from him. Pass'd unanimously.
Eod™ Die. In the House &c. Read and concurr'd with this amendm*. That there be a Comittee of both Houses appointed to renew & take the Bonds payable to the Treas- urer for the time being at 6 pr ct. as above and when they shall be renewed to be delivered to the Treasurer and take his receipt therefore in order to be Entered on the Journal of the Gen'^ Assembly, and that James Clarkson, Esq. be a Comittee of this House to joyne with whome the Ilonble Board shall appoint for the Ends aforesaid.
The vote of the House of the 8"' curr* for a Recorder was Bro't down with a vote of Council thereon, viz.
In Council March 10*^ 1732-3. The Council adhere to above vote Excepting that the Recorders fee be 2 : 6 instead of 5s.
1733.] JOURNAL OF THE HOUSE. 643
Eod™ Die. In the House Read & concurred. Mr. Secretary came down with a written Mess* from the Board & Read it as follows, yIz. [p. 393.] In Council March lO^^^ 1732-3.
Whereas in a Mess" from the lion''^'^ House to his Excellency the forenoon bearing date the 9"* curr' & sent up this day and communi- cated to the Council, There are sundry things mentioned which seem to cast an odium on the Council, as tho' it lay at their door that there is not a due Supply of the Treasury, to which the Council in justice to themselves are obliged to say, that the reason of their non concur- rence to the 20,000£ Bills on Loan was (as the House has been here- tofore once and againe Informed) because the Emission of Bills on Loan is directly contrary to his Maj""*" Royal Instruction; and as to the thousand pounds mentioned for the Imediate Supply of the Treas- ury, it was couched in the Twenty Thousand pound Bills, from whence tis plaine that the House never intended one should pass without the other; but that if the thousand pounds for the supply of the Treasury would not tempt the Council to break thro' the King's Instruction, their complyance with the Kings Instruction should defeat the supply of the Treasury; but if they had a sincere disposition to supply the Treasury as they pretended and sent up a Bill for the same, they would have soon seen the heartiness of the Council in doing their duty to his Maj*"= and the utmost Justice to this Province by the rediest concur- rence: As to the Interest of the 1730£ the Council have been long Endeavouring that that Loan might by some means or other be ben- eficial to the Publick, tho' to their great grief by the disappointment of their attempts in the Hon^^'^ House Private p'sons have enjoyed the benefit of that money at 2i- pr Ct. when there have been many that would gladly have given more than double, yea treble for the same, if they might have been favoured with it; and the Council have this day sent down a vote for the setling that Loan at G pr Ct. for 2 years instead of 2^ pr Ct. in order to ease the Tax of the Province which has at last succeeded.
[p. 394.] As to the money in Mr. Atkinson's hands which he rec^ of Hugh's Estate long agoe and which ought for several years past to have been in the Treasury, the Council presume his Excelly will take due care that that £292 Ball'^ settled under his hands be paid by a Course of Law, Since there is no prospect of its being done without it, even after so much indulgence to him who has been so notoriously delinquent, to the vast dishonor of the Goverm* & unspeakable oppres- sion of Sundry poor distressed Creatures^ to whome the Province is indebted. As to the House'* saying they ought to have a vote in the disposal of the Publick money, the Council Reply, when they the Council think proper to deny that point in Politicks it will be time en° for them tliem to form an argum' against it; but that is not yet got into the Question; — for saying the House of Representatives have nothing to do with a confiscation or forfeiture to his Maj''*^ by a Judgm* in Court, is not saying the House have nothing to do with the disposal of Publick money, unless it so by some Logick in the House w'^'^ the Council have not Learn'd. As to Mr. Atkinson's declaration of his readiness to pay the money in his hands what is there in it ? did he not
644 PROVINCE OF NEW-HAMPSHIRE. [1733.
declare heretofore, even in the House and most solemnly at the Coun- cil Board too, that he would pay part of his Debt at such a time, and the residue in a short space after, & are not the tearms long since Ex- pired? But all the paymf* made let the Treasurer's Accounts answer, which say No, not on® penny. Why then Gen' should you trouble yourselves in making such a mess" & boasting of such declarations? The Council might further very well observe too, that the Scheme of the House for an audit to be appointed by the Gen' Court to examine a Sheriff' s Return of an Execution is intirely new — however is a full Evidence that the House have been much bent on trifling. As to what the House propose [p. 395] of the Councils joyning with them in ad- dressing; his Majesty by the hand of OuK Agent (as they express it) &c. the Council say they know of no Person so qualified. But if the House mean Capt. John liindge, marriner, then they answer, That when it appears to them that his capacity & other QuaUfications are equal to such a Trust & he is hon'^ with a Comiss" for that place, the Council will readyly do w' is proper ou those heads.
Rich'! Waldron, Sec^.
Then Mr. Secretary Read a Mess^ from his Excelly, fol- low : viz. GenH of the House of Represetitatives.
At the first opening of the Assembly I was glad to find in your answer to my speech such professions of Loyalty & Duty to the King as made at least some shew of an inclination in you to conform to his Royal orders, in which article his Majes''™ Council have acted up to their duty by non concurring the votes you have sent up for supply of the Treasury, because they were clogg'd with projections for a loane of money which you yourselves knew to be contrary to his Maj''*^ Royal Instructions: I therefore take all you have been doing in the afiaire of the supply to be but trifling, and what I suppose you fully believed could not take effect.
I think his Maj"*^" Council seem to be Convinced of the great incon- veniencys that would ensue upon the Assemblys having leave to Issue more Bills upon loans, since there is at this day upwards of 7<)00£ out- standing of the £15,000 loan Issued 15 years agoe, & should all have been paid in conformity to the Laws of the Province, in April 1731; and the £7000 unpaid must be either in the hands of the said Comittee for their own use & conveniencj^ either of which is at this time of day a o-reat abuse & injustice to the Goverm'. Till, therefore, Gen' the money due [p. 396] on this Loan be justly & honestly paid in it must certainly tend to the Ruine of the Goverm' and people to Issue any more Bills in such a method.
Altho, Gen' you have been setting the usual time of a Spring Sess"^ yet I must repeat to you that you have been really trifling with the Publick affairs, and I am afraid have been too much imposed on and deluded by such as have had nothing at heart but their own Sinister views; and as to the important affaire of supplying the Treasury which you know has been so long empty, and on which the Hon^ & Safety of his Maj''^'* Goverm' as well as the peace & welfare of his People in this Province depend, It is doubtless a matter too great to be play'd with as you have done: nor can your proceedings give you the least clainie to that duty & Loyalty to his Maj"*^ which you have pretended to. I
1733.] JOURNAL OF THE HOUSE. 645
therefore think it fit for the Kings Hon"" & service as well as for the welfare of this Province, to disolve this Ass™ and thereby to give his Maj*'*^* good subjects an opportunity of sending such to represent them in the next Assembly as will do all in their Power to retrive the Injus- tice you have practiced in not paying the Publick Debts: and those that will promote peace & a good agreem' amongst all the Branches of the Legislature.
March 10*'^ 1732-3. J- Belcher.
And then Mr. Secretary Declared in his Majesty's name the Assembly Desolved Accordingly.
Lieut. Gov. Dwihar^s Queries to Jus Council, 1733. [Copied from N. H. Hist. Soc. Collections, Vol. i, p. 275.]
Portsmouth, in New Hampshire, December the 6"^, 1733.
Gextlemex of his Majesty's Council
Ye are all sensible of the difference and dispute between his Ex- cellency, the Chief Governor of this province, and me, as Lieut. Gov- ernor, arising upon the meaning of tlie words of the last paragraph of his Commission, which run thus: — "And we do hereby require and command all officers and ministers, civil and military, and all other in- habitants of our said province to be obedient, aiding, and assisting, unto you the said Jonathan Belcher, in the execution of this our com- mission, and of the powers and authorities herein contained; and in case of your death or absence out of our said province, unto such person as shall be appointed by us, to be our Lieut. Governor, or com- mander in chief of our said Province, to whom we do therefore 'by these presents give and grant, all and singular the powers and authori- ties aforesaid, to be executed and enjoyed by him, during our pleasure, or until you return to our said Province."
I have sent this paragraph to the ministry in England, for an ex- planation of it, and represented that the chief Governor insists that he is in this Province, when he is in the Massachusetts; I have consulted .the present judge of the admiralty, and the advocate general upon it, and do here lay their opinions before you; I have also consulted sev- eral gentlemen upon the same, and never heard one differ from these opinions except some of yourselves. However, I resolved waiting the determination from England, which I now scarce expect, because his Excellency says, he has long since given an account how that he and the Lieut Governor had got to a good vinderstanding and a friendly correspondence, and that he would endeavour it should not be his fault if ever it should be otherwise.
By such account to the ministry, it may seem unnecessary to them to take any thought or order about this dispute, which is the reason that I think myself obliged at this time to desire and demand your opinions by virtue of the oaths you liave taken as members of his Majesty's Council of this province, to the following quaeries:
Whether, w^hen the Chief Governor is in the province of the Massa- chusetts bay, you esteem him to be in New Hampshire; if not, whether,
G46 PROVINCE OF NEW-HAMPSHIRE. fl734.
when he is in the Massachusetts province, he can legally be called or styled Commander in Chief in New Hampshire?
Whether, when he is in the Massachusetts province, he can sign com- missions, patents or writs, for calling an Assembly in New Hampshire, and date them the same day he signs them there and transmit them to be passed by his Majesty's council here, which must be some days after V
Whether in the Council's meeting to pass or consent or advise any such patent, or writ, or proclamation, you think there is any necessity of the Lieut. Governor's presence, when by his order the Council is convened? And
Whether, when the Chief Governor is personally OTit of the prov- ince, all proclamations, writs for assembly or orders, ought not to be in the name of the Lieut. Governor or the eldest counsellor first named in his Majesty's Instructions resident within the province, with the ap- probation of the Council, when proper?
One motive of my desiring the opinions of the gentlemen of the Council upon the dispute and these queries, is, lest I might lie under the imputation of ignorantly submitting my power without making any struggle for it, and that an entry may be made in yovir journals of this affair with your opinions, that the same may be a precedent for future times.
But I hope gentlemen will be cautious and weigh this matter fully and consider what consequences it may have. Your opinions shall de- termine me until his Majesty's pleasure be known upon it. (')
David Dunbar.
[p. 397.] Anno Regni Regis Georgii Secimdi Magnas Bri- tannise, Francias et Hiberniae &c. Septimo.
A Journal of the House of Representatives of his Maj"^* Province of New Hampshire began and held at Portsmouth in the Province aforesaid, January the 1^* A. D. 1733-4.
The Persons returned according to the Kings writ as Rep- representatives to serve in General Assembly for the several Towns are as followeth, viz.
( Mr. Penning Wentworth For Portsmouth < Capt. John Rindge
( .James Clarkson, Esqr.
( Paul Gerrish, Esq. Dover < Paul Wentworth, Esq.
( Capt. Thomas Millet
I Peter Weare, Esq. Hampton < Mr. Samuel Palmer
( Mr. John Sandburn
(l)It is a subject of regret, that the Council records relatinpr to tliis m.itter are not to be found— probably they were destroyed by the fire which consumed Secretary Waldron's house in May, 1736. Ed.
173 i.] JOURNAL OF THE HOUSE. 647
P , ^ Bartholomew Thing, Esq,
Jixeter j ^^^^^ p^^^^ Gihiiau
Kingston Mr. Ebenezer Stephens
New Castle Theodore Atkinson, Esq. Rye Capt. Richard Jennes
Newington Mr. George Walton Londonderry Mr. Robert Boyce Strethani Andrew Wiggin, Esq.
Durham Mr. Samuel Smith
Greenland Mr. Thomas Packer, [p. 398.] The Hon"' George Jaffrey and Jotham Odiorne, Esq. came down and acquainted the House that they were authorized by his Excellency to administer the oaths to the members Pursuant to an act of Parliam* which being done the gen* Return' d.
Joshua Pierce, Esq. came down with a Mess* from his Excellency, viz. That his ExcelF Directed the House to make choice of a Speaker.
The House proceeded to the choice of their Speaker. Andrew Wiggin Esq. was chosen Speaker. Then the House made choice of James Jeffrey for their Clerk, and he was sworn accordingly.
A Mess"* pr Mr. Secretary, viz. That his Excell^ Requires the attendance of Mr. Speaker & the House in the Council Chamber.
Mr. Speaker and the House went up accordingly. His Excellency made a Speech. Mr. Speaker obtained a coppy & Returned.
Then the House adjourned to the 2^ curr*.
Wednesday January 2'' A. D. 1733-4. His Excellency's Speech was read and is as followeth, viz.
Gen't of the Council §' House of Representatives.
By the last Ships from London I have received an account of the French King's Declaring War against the Emp"" of Germany witli whome his Brittanick Maj"^ is in alliance, & how far this unhappy Rupture may lead to a Gen" War in Europe is uncertaine; ho^vever I think it a faire Alarm to all his Maj""* Dominions to put themselves in a Posture of defence & you cannot but be sensible how naked & Ex- posed this Province is both by Sea and Land, Fort William &; Mary at the Entrance of this River (the only Fortifications his Maj'''^ has in this Province) you know Lyes [p. 399] in a miserable condition, nor are you ignorant how often I have prest the Repairs of this Fortress
648 PROVINCE OF NEW-HAMPSHIRE. [1734.
upon the Assembly here, altho' it has forty Guns yet it has for a long time had only a Cap' a gunner and two centinels belonging to it. I hope your own safety as well as his Maj''*^ Hon'' (at this critical junc- ture) will put you up on doing what is absolutely necessary in this important affaire.
I have, Gen' frequent Complaints of the ruinous condition of the Goale of the Province which will Require a large Repaire or Rather Rebuilding as soon as may be, their being continual Hazards of Escapes thro' its present Deficiency. GenH of the House of Representatives.
You verry well know there has been no money in the Treasury of the Province for neare three years past, which has greatly Exposed & dishon'^ the Kings Goverm' and has been a Publick Injustice & oppres- sion— tliis with the threatening aspect abroad (I have no doubt) will lead you to make ample Provision for what I have now mentioned as well as for all the other Exigencies of the Goverm'.
GenH of the Council,
cV House of Representatives,
Upon my meeting of the Ass'" of the Mass''^ Bay in April last I ear- nestly recomended to them the passing an Order (agreeable to what had been done in this Province) for putting a stop (at present) to any process in the Law ag' the Borders on the disputed Lines of the two Provinces, But the Public Prints have long since told you it had not the desired Success.
In January last, I wrote verry fully to the Right Hon^'*^ the Lords of Trade, praying them to Represent this long unhappy Dispute to his Maj''*', that there might be an end put to the Contention; to which letter I have rec"^ the Hon"" of their Lordships Answer, saying tliey hope upon the return [p. 400] of my answer to their letter no further delay may be occasioned to the accomplishing a matter of so much advantage to both Provinces, and my answer to their Lordships Letter is Long since gone forward, and I shall rejoyce in seeing this trouble- some affaire bro't to a happy conclusion.
Gen' In whatsoever you can project for his Maj"^* Hon"" & service and for the Prosperity of his good subjects in this Province you shall have my hearty assistance and consent.
Jany 1*' 1733-4. J. Belcher.
Governor Belchei-'s Letter.
[The following is a Copy of Gov. Belcher's Letter above referred to, and which has never before been published. It was found by Hon. C. H. Bell, of Exeter, among Papers of Secretary Waldron.] Ed.
Although I have wrote you pr. this Conveyance of 5"^, 8"^ & 12"^ Instant, yet the ship being detain'd, I think it my Duty to say to your Lordships, that I have taken all possible Care and Pains, ever since my Arrival, to have the long contested Boundaries betwixt the Massa- chusetts and New-Hampshire adjusted, agreeable to His Majesty's Royal Orders to me, but I can see no prospect of its being accom-
173i.] JOURNAL OF THE HOUSE. 649
plish'd, cand the poor Borderers on the Lines, (if your Lordships will allow me so vulgar an Expression) live like Toads under a Harrow, being run into Goals on the one side & the other, as often as they please toquarrell, such is the sad Condition of His Majesty's Subjects, that live near the Lines. They pull down one another's Houses, often wound each other, and I fear it will end in Bloodshed, unless His Ma- jesty in his great goodness gives some effectual Order to have the Bounds fixt.
Although, my Lords, I am a Massachusetts man, yet I think this Province alone is culpable on this head. New-Hampshire has all along been frank and ready to pay exact Duty and Obedience to the King's Order, and have manifested a great Liclination to Peace and good Neighbourhood, but in return the Massachusetts Province have thrown unreasonable Obstacles in the way of any Settlement, and altho' they have for 2 or 3 years past been making offers to settle the Boundaries with New- York & Rhode-Island in an open, easy, amicable way, yet when they come to settle with New-Hampshire, they will not do so with them, which seems to me a plain Argument that the leading men of the Massachusetts Assembly are conscious to themselves of con- tinual Licroachments they are making upon their Neighbours of New- Hampshire, and so dare not come to a Settlement. I say, my Lords, in Duty to the King, and from a just Care of His Subjects of New- Hampshire, I think myself oblig'd to set this matter in the Light I now do, nor do I ever expect to see it settled, but by a peremptory order from his Majesty appointing Commissioners to do it, and those agreed to by both Assemblies Febru'' 1730-L
Joseph Talcott Esq. Gov. of Connecticut, Joseph Jenks Esq. then Gov. of Rhode Island, & Adolph Phillips Esq. Speaker of the Assembly at N. York, are Gentlemen of good Ability and Integrity, and altho' the Massa- chusetts, I fear, will still decline joining in the affair, yet I believe New- Hampshire from their Desire to Peace and good Order, would rejoice to see such a Direction from the King, & be glad to be at the whole Charge rather than the Dispute should still continue. I therefore humbly pray your Lordships so to represent this aflair to His Majesty, that there may be an End of Strife and Contention.
And if your Lordships approve of the Bill I now send you for emit- ting Bills of Credit on a Foundation of Gold and Silver, & that I may have His Majesty's Leave for doing it in the Massachusetts, I pray I may also have the same Liberty of doing it in New-Hampshire, where they are in great Distress for something to pass in lieu of money, and without speedy Help it will be almost impossible for that little Prov- ince to support any Trade.
I have the honour to be with all possible Esteem and Respect My Lords
Your Lordships
Boston, Most obedient and
Janu* 13"^ 1732-3 Most Humble Servant
J. B.
These may certify that His ExcelP' the Governor, sent me this paper from Boston, and assured me that the contents dof it were a genuine copy of what he had wrote and sent to the Lords of Trade & Planta-
650 PROVINCE OP NEW-HAMPSHIRE. [1734.
tions: and also that he afterwards shew me an original letter from the secretary of the Plantation Board, which acknowledged their Lord- ships' receipt of the Governor's said letter. As witness my hand August l-*' 1739: llich'^ Waldron.
Post Meridiem.
Capt Jolm Rindge Informed the House of his proceedings in Great Brittaine Relating to the affaire of the Boundary Lines, & tliat he had substituted Capt. John Thomlinson (i) to act in that affaire and hop'd the House would accept him, and laid several letters from the said Thomlinson and also the coppy of the address or petition the said Rindge pre- sented his Maj"'' in Council relating to the affaire of the Lines before the House, all which were read in the House.
Then the House unanimously voted Thanks to the said John Rindge for the good service he had done in Great Brit- taine in the affaire of the Boundary Lines between this Prov- ince and the Province of the Massachusetts.
Then the House adjourn'd to the S'^ curr*.
Thursday, Jan" 3" A. D. 1733-4.
Voted, That Theo. Atkinson, Peter Weare & John Rindge, Esqs. be a Comittee of this House to draw up an answer to his ExcelP Speech & present it the House for approbation.
His ExcelP speech read again.
The Question was put Whether the House would proceed to Raise a Tax upon the People of this Province to pay the present Debts. It past in the negative twelve ag' it and fower for it [p. 401.] Post Meridiem.
Voted — That John Rindge & Bart Thing Esqs. be a Co-
(}) In 1732, a number of Gentlemen attached to the Episcopal church erected a new edifice in Portsmouth, for the worship of God, according to the ritual of the English liturgy. It stood nearly on the ground wliere St. John's church now stands. It was called Queen's Chapel in honor of Queen Caroline, consort of George II., who gave the books for the altar and pulpit, the plate, and two elegant mahog- ony chairs, which are still in use every Sabbath in the altar by the rector. Mr. Thomlinson contributed liberally towards the erection of their church, and procured the aid of persons in London to complete it. It was consecrated in 1734 ; and in 1736, they obtained Mr. Arthur Brown for their minister, with a salary from the Society for propagat- ing the gospel in foreign parts. Mr. Brown continued service as rec- tor till his death, in 'June, 1773. See. Belt., Adams'' Ann. and Brew- sterns Rambles.
1734.] JOUENAL OF THE HOUSE. 651
mittee of this House to jojne with such as the board shall appoint to tell overall such moneys as shall be bro't in to be Burnt in the Ass"" this sessions. Sent up.
Eod™ Die. A Mess* the above was concurr'd and that the Board had appointed Joseph Sherburn & Ephraim Dennet Esqs. to joyne the above Comittee for the same ends.
The House adjourn' d to the 4**^ curr*^.
Fryday, January the 4'^ A. D. 1733-4.
Voted — That Joshua Pierce, Esq. be recorder of Deeds for one yeare and untill the End of the next sessions after the yeare is Expired and that he take and receive for every Deed he Records two shillings & six pence for his attesta- tion & the like sum for giving out copies and no more. Sent up.
Voted, That Capt. John Rindge, Mr. Bening Wentworth and Mr. Bart. Thing be a Comittee to joyne with such as shall be appointed by the Hon"*^ the Council to Examine & pass upon all accounts of the Province both of Debt and Cr* and to make return to this House under their hands as soon as may be of their so doing and also to make an estimate of the same that this House may be rightfully inform'd how much the Debts amounts too. Sent up.
A Mess* from Board that the last vote was concurr'd and that Richard Waldron, Jotham Odiorne & Elis Huske, Esq. were appointed at the Board a Comittee for the same. Post Meridiem. .
A former vote for an act ag* killing Deere at unseasonable times past againe.
Then the House adjourned to the 5^^ curr*.
[p. 402.] Saturday, January the S^"" A. D. 1733-4.
There being several Comittees out and not a House to act Mr. Speaker adjourn'd the House to Monday the 7*'' curr*.
Monday January the 7^^^ A. D. 1733-4. The several Comittees being still out the House adjourn'd to 8^'' curr*.
652 PROVINCE OP NEW-HAMPSHIRE, [1734.
Tuesday January the S'"" A. D. 1733-4.
A Petition of Eliz'' Wentwortli as Adm^ to the estate of her late husband Benjamin Wentworth, gen' Deceas'd, Pray- ing for Relief ag* a Judgm* ob' by Capt. Thomas Wallings- ford ag* Sam'^ Walton her Ten* by default in Ejectm* it being got by covin between the said Wallensford & Walton in pre- judice of the said Eliz'* &c. was Read & a vote of Council thereon, — also a Petition of the Inhabitants of the Town of Nottingiiam Praying a Speciall Act ag*^ non-resident Proprie- tors Relating to asessm*^ was read.
Post Meridiem.
"Whereas there is a vote of Council on the Petition of Eliz=* Wentworth as above, the House concurs with the fol- lowing amendm* viz. That there be a hearing on Fryday the 11"^ curr^
Wednesday January the 9* A. D. 1733-4. We whose names are under written being a Comittee appointed by the general ass'" for receiving and telling the money which should be bro't in to be Burnt, do make Report That we have told over, Bro't in and Burnt, viz. from
Geo. Jaffrey, Esq. of the £1500 Loan £1032: 11
From Coll. Henry Sherburu, Trustee for Exch'' the
old Cypher'd Bills £ 102 : 3
From ditto of the Tax for the yeare 1732 £ 367 : 1:2
From Theo. Atkinson, Trustee for Exch'' the old
Cypher'd Bills £ 16:16:6
[p. 403.] Ephraim Dennet Bart. Thing
Joseph Sherburn John Rindge.
Voted, That the above Return be accepted and the Seve- ral p'sons are hereby 'discharged of the severall sums receiv- ed as above mentioned.
Post Meridiem.
A Petition of the Inhabitants of Rochester Praying Relief ag* the non Resident Proprietors &c. and a vote of Council thereon viz. That they have a hearing the sixth day of the sitting of the gen^^ ass'" the next sessions and to serve the Proprietors with a Coppy was read and concurr'd by the House.
Then the House adjourn'd to the 10*^ curr*.
Thursday January the lO*'^ A. D. 1733-4. Whereas a former Assembly made choice of John Rindge,
1734.] JOURNAL OF THE HOUSE. 653
Esq. to be their agent at the Court of Great Brittaine and to Represent to his Maj'^'® in Council the Distressing Cir- cumstances of this Province occasioned by the Boundary Lines between this Province and the Mass* not being settled, and solicit the speedy settlem' of tlie same and inasmuch as Mr. Rindgc has laid before this House his proceedings and the Petition he presented to his MaJ*'*^ in Council on our be- halfe, which has been read in the House and approved of: Mr. Rindge also has acquainted this House that he has comitted the case of his Agency to Capt. John Thomlinson, Merch^ in London, a Gen* of known ability & Integrity, with whome he has left all the papers relating to the Lines, and this House being well assured of this Gen'^ good disposition to serve this Province, convinced of the necessity we are under to have an Agent in England to appeare for us at this criti- cal juncture Therefore, Voted, That Capt. John Thomlinson be Agent for this Province at the Court of [p. 404] Great Brittaine to solicit the Speedy settlem* of the Boundary Lines between this Province & the Mass^ & and to transact any other affaire for the service of this Province as the same shall come to him by Listructions from the Gen^ Assembly. Sent up.
Post Meridiem.
The vote for an Act ag* killing Deer at unseasonable Times sent up. The Comittee about the accounts being out still
The House adjourn'd to the 11"'.
Fryday, Jan. ll'^^ A. D. 1733-4. The answer to his Excell. Speech Read as folio weth, viz.
May it Please your Excellency
What fatall consequences the French King's Proclaiming War with the Emperor of Germany may produce and liow far it may affect the tranquillity of Great Brittaine time only must discover; but we hope Great Brittaine & the other Powers of Europe may mediate and divert the War with which we are alarm'd & conclude it in a happy and last- ing Peace, and this we believe in as much as your Excell doth not mention in your Speech that the advice you rece*^ in the last ships was from the ministry of Great Brittaine who this House apprehends would have sent forward their Directions had they conceived any immediate Danger of a War.
The supplying of the Treasury with such a sum as would be sufficient for the Repairing Fort AVm & Mary, Ptebuilding the Province Goal & other necessary demands, together with the Tax already laid by the
654 PROVINCE OF NEW-HAMPSHIRE. [1734.
several acts for repaying and sinking the several sums Borrowed in the late War ag' the Indians Tliese would require a larger sum thSn is Possible to be raised upon the Poles and Estates of his Maj''<^^ subjects within this Province, and such an Act would be as distressing as y* callamities of a War, which should this [r. 405] House be instrumental in would not only dishon'' his Maj'''' but be the greatest piece of Publick Injustice it oppression imaginable — things this House always have and we hope always will be strangers too: And to prevent any imputation of this kind Did in their Sessions in December 1730 pass an act for the emitting A;6U00 for Repairing the Fort Wm & Mary and for a further supply of the Treasury, w*^** said Act past both Houses togeather with the Act for Removing the Courts then held at Portsmouth to the several Towns Avhere they are now held and that the House imagined both these acts would have met the same fate, either both assented to or both rejected. But your Excell^ was pleased to pass the Act for re- moving the Courts and to put the other in your Pocket till his Maj''" Pleasure should be known; since which the House have heard nothing of it. This House hath several times made an exact estimate both of the Debts and Credits of the Province and voted into the Treasury what was then found due to the Province to discharge the several claims then made which votes was sent down from the Council non- concurr'd & a mess" to the House in writing wherein they say the House had nothing to do with that money which this House thinks a very extraordinary Mess*^ and by which means that money is still out of the Treasury, as is also the Interest of the 1730£ which the last As- sembly voted into the Treasury & if any Borrowers of that money refused to pay the Interest then due and renew their Bond then such delinquent Bonds to be put in suit at June Court then next Ensuing by the Speaker of the House for the time being, to whom those Bonds are made payable. But your Excellency was pleased to Disolve that House, by which means the Speaker was rendered incapable of de- manding that money according to that vote, which hath occasioned a loss to the Province. We hope this will take of any iTnputation of Injustice or oppression & confirm your Excell^ in the [p. 400] good opinion which you Expressed towards tliis House by saying Ave had always done every thing that a Gratious King could expect from a dutyfull and Loyal People — a charrector we have always been so fortu- nate as to have .and what shall always Endeav'' to deserve: And there- fore we tliink it highly expedient to address his Maj'""^ for leave to Emitt from time to time such sums of money on the Credit of this Province as he in his great Clemency and goodness shall think sufficient for those things mentioned in your Excell'^ Speech, in which we hope for the con- currence of the Council.
Your Excelly receives the thanks of this House for recommending the Distressed Circumstances of the Borderers on the controverted Lines and a stay to any Process ag' them to your other Goverm' tho' it had not the desired effect: Some of those Towns being by those Law Suits Extreamly reduced : some of them having expended neare a I00n£ in the Law besides their loss of time and Improvm' But this by what your Excelly mentions and by the success Capt. Rindge (the Agent to this House) had while at the Court of Great Brittaine, gives us great liopes that That controversy will be speedily determined, un- derstanding a copy of his memoriall to the King in Council has been
1731.] JOURNAL OF THE HOUSE. 655
transmitted to the Mass" for their answer, by the beginning of Novem- ber last, at which time we hope there will be no further delay. We beg leave to assure your Excelly that thfs House are met determined to act every thing in their power for the lion"' & service of his Maj"" which we conceive can by no means be severed from the true Interest, Prosperity and Safety of his good subjects we Represent.
Andrew Wiggin, Speaker. Voted accepted and sent up.
Inasmuch as this house may not be destitute of an agent at the Court of Great Brittaine in this difficult time & in a time when we have the greatest occasion for a proper p'son to Represent the Circumstances of this Province,
Therefore Voted, That Capt. John Thomlinson he agent [p. 407] for this House of Representatives to all intents and purposes & as fully as in in the Power of this House to appoint him, hereby giving him power to transact any affaire y* may be transmitted him from this House relating to the Lines of the Province.
A vote for X3000 for supply of the Treasury to run be- yond 1742 sent up.
Post Merediem.
Voted, That those p'sons that have the c£1730 now at 2| pr ct. do by the 25^*^ of Ap^ next pay in their Interest due into the Treasury & Renew their Bonds to pay G pr ct pr annum for so much of the said money as each p'son hath, and those p'sons that are not willing to give the said sume of 6 per ct pr annum for said money they shall pay the Principle sum and Interest then due by the said 25*** of April next and if they do not pay the Principle and Interest at the time aforesaid that then the said party's so refusing his Bond to be put in suit at the next Court in June.
A mess"^ Bro't down the vote of the House this day for Emitting 3000 i£ nonconcurr'd at the Board, and a vote of Council thereon for the like sum as follows, viz :
In Council, Jan^ 11"^ 1733-4. Voted that there ])e an Emission of 3000X as soon as may ))e for paying the Debts of the Province which are now or shall be due and that the same be bro't into the Assembly and burnt in thirds, viz. in the yeare 1740, 1741 & 1742, and that an Act be drawn up in form accordingly.
The reason why the Councils voting the payment within 1742, is because they well know (as tlicy suppose the Ilon'''^ House or tlie major part of them arc well acquainted also)
656 PROVINCE OF NEW-HAMPSHIRE. [1734.
That his Maj^'° has Prohibited his Excelly to signe any Emission of Bills to be outstanding beyond that year.
Voted that Eliza Wentworth have liberty to bring in a Bill.
[p. 408.] An act Relating to the Proprietors and non Resi- dents in the new Towns Read the first time.
Then the House adjourned to the 12*^ curr*.
Saturday Jan-^ the 12^'' A. D. 1733-4.
Whereas there is several sums of money lodg'd in several p'sons hands for Exchanging the old Decyphered & other Province money viz. in the hands of Coll Henry Sherburn , Coll. Peter Weare, Coll. John Plaisted, Capt. John Penhal- low & Theo. Atkinson or any other which sums are more then is sufficient for answering the end proposed and there being no fund therefor, Therefore voted, that the several p'sons bring in the several sums in their hands to the gen" assembly on the second day of the next spring sessions.
Then the House adjourned to Monday the 14^^ curr^
Monday January 14*'^ A. D. 1733-4. After several debates the House adjourned to the 15"'
curr
Tuesday, January the W A. D. 1733-4.
A Petition of Mary Emerson & others Praying a Revival of a suite before Gov"" & Council. Read and voted said Petition be dismissal.
The Act relating to the Proprietors and non Residents in the new Towns read 2*^ time.
Post Meridiem
The above act for the new Towns Read a 3*^ time and past to be Enacted and Engross'd.
A Mess^ came down from the Board with the vote of this House of the 11"' curr* about the X1730, with a vote of Council thereon, viz.
In Council, Jan. IS"' 1733-4. Forasmuch as there is now subsisting an order of gen" assembly past at y'' last sessions in March last, by which
1734.] JOURNAL OF THE HOUSE. 657
there is [p. 409] better provision for the calling in the 11Z0£ above mentioned, therclbre voted a nonconcurrence.
Eod™ Die. In the House &c. the within vote of Council read & non concurr'd and voted that the House adhere to their vote with this amendm* viz. That the several Bonds 1)0 taken to run for one yeare only from the 25^*^ Ap. next and that a Comittee be appointed to take the Bonds.
Whereas the Gen' Ass™ of this Province in order to se- cure the same from the Depredations of the Indian Enemy, Did make and emitt sundry sums of money on the credit of this Province, which said several sums were expended in his Maj*'*^ service in defending the same from the Indian Enemy and which said sums were by several acts to be repaid into the Treasury by a Tax on the Inhabitants of this Province and burnt in order to sinck the several Funds on which they were emitted, which said acts for several years pass*^ have [not ?] been comply'd with and being nine years behind & each yeare between this and the yeare 1742 being loaded Avith as much as is possible to be raised by a Tax Renders this goverm' uncapable of Raising such sums as were they able they would cheerfully do in order to support the Hon"^ of the Province by paying all their just Debts & allowances and Repairing and providing for the Fort Wm & Mary and other necessary Expences of Goverm*. And his Excelly Gov Belcher having Informed the House that he can neither Postpone the paym* of any of the above said sums nor assent to any new Emission of a Paper currency unless it be sadled on some one or more years between this and the yeare 1742, which would be impossible to collect should this House make any such Grant :
Wherefore to show the Readiness of this House to do every thing for the Hon'' and safety of his Maj^''"* Goverm' Voted that his Maj'''= be addressed on the behalf of this Prov- ince & humbly prayed that he would graciously be pleased to [p. 410] grant liberty to his Excelly to pass an Act for the emitting such a further sum of Bills of Credit on this Prov- ince as shall be sufficient to Repaire our Fortifications & for such other supports of Goverm' as shall be allowed by the gen' ass™, and that Theodore Atkinson, John Rindge & Mr. Speaker Wiggin bo appointed by this House to draw up such Address in the Recess of the ass"" & send it forward ; that the Hon'''® the Council be desired to address his Maj^'® on the
42
658 PROVINCE OF NEW-HAMPSHIRE. [1734.
same head and that his Excelly be desired to unite in favor thereof. Sent up.
Then the House adjourn'd to the 16*'' curr*.
Wednesday Jan^ W A. D. 1733-4.
Whereas there is in Mr. Atkinson's hands, of Hues & p* of Ambler's money, X282 : 18 : 1.
Yoted that the said Sum be paid into the Treasury for the paym* as hereafter, viz.
Two hundred pounds thereof for paym' of the soldiers of the Fort Wm & Mary & Eighty two pounds eighteen shillings and a penny to be for the Repairing the Goale . . . And whereas there is outstanding of Amblers money in Jos. Smith's hands £1.5:14: 6
And in Paul Gerrishes hands £2
And the Interest of the £1730 to the 25"^ April, 1734 £243
|
£75: |
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£15: |
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£10: |
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£15: |
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£13:14 |
8 |
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£16: |
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£11:17 |
8 |
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£ 4:13 |
4 |
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£161:05 |
8 |
£260:14:6 Atkinsons above 282 : 18 : 1
Also voted that the said Interest money & Amblers money be paid into the Treasury for the paym' as here under, viz.
To the Secretary for the yeare 1731
To the Clerk of the Ass" for the yeare 1731
To Benj" Akerman as Dore keeper for the year 1731,
To the Sherrif for the yeare 1731 (if not paid)
To Jere Libby allowance May 12, 1732
To Benj. Rust for House Rent, &c.
To Stephen Greenleaf, £2 : 19, John Trundy 26% Tho. Harvey .52': 8, Denbo £5:
To Michael W hidden
[p. 411.] The remainder of the Interest for the payment of the Stationer, Expreses and other Contingencies (or the Prison if the above is not found to be En°) and that John Rindge & James Clarkson, Esqs. be a Comittee of this House to Joyne with such as may be appointed at the Board to manage the affaire of the Repaire of the Goale. Sent up.
Mrs. Elizabeth Wentworth Bro't in her Bill which was read the first time.
Post Merediem
Mrs. Wentworths Bill read a 2^ time & Read a 3"^ time & past to be Enacted.
An Act for amendm* of misreciteing in Reasons of appeal read 3 times & past to be enacted <fc Engross'd
1734.] JOURNAL OF THE HOUSE. 659
An Act for the more easy & Eeady Prossecuting Writs of Ejectm* and writs of Trespass & Ejectm^ read 3 times & past to be enacted <fc Engross'd. All sent up for concur- rence.
Whereas there is now outstanding of the £15,000 Loan in the Borrowers hands between six or Seven thousand pounds for which sum the several Towns within this Prov- ince are by the act lyable to make good to the Grand Co- mittee in case the p'ticular security given should not be sufficient to discharge the mortgages given by p'ticular p'sons, and in as much as the said money is to be burnt when Collected & the Province haveing now no Revenue for the Repairing the Fort & other necessary charge of Goverm^
Therefore Voted That the grand Comittee be directed forthwith to give notice to the several p'sons in whose hands the said outstanding money is, That they immediately pay in the same to the said Comittee or give a new security therefor and that instead of its being Bro't in and Burnt That they pay after the Rate of six pr Ct. pr Annum, each p'son for so much as he shall have in his hands and the Bonds made for the same not to run longer than the yeare 1742, and that Interest that shall arise [p. 412] thereon from time to time be put into the Treasury for paym* of the Repairs of the Fort & such allowances for and towards the support of the Goverm* as shall be from time to time made by the Gen^^ Ass™ & if any p'son after notice given refuse to give such further security, that then the said Comittee immediately Issue out Extents on the Mortgages Sent up.
Then the House adjourn'd to the 17"" curr*
Thursday Jan. 17^^ A. D. 1733-4. An Act for Bills of Credit to be a LawfuU tender on Spe- cialties Read three times and past to be Enacted & Engross'd & Sent up
Post Merediem Mr. Secretary Bro't a written Mess* from the Council which was read in the House as followeth, viz
In Council, Jan. IV"" 1733-4. In Answer to the Mess^ of the House of the IS*** present, desireing the Council to Address his Maj"^ for leave to
660 PROVINCE OP NEW-HAMPSHIRE. [1734.
Emitt a further sum of Bills of Credit, The Council say they arc willing with the utmost readiness to do every good thing in their Power that the House can suggest to them for the advantage of the Province, and are heartily sorry that the House and they cannot think more alike than they do at p'sent, and as to asking leave for a further Emission of Bills of Credit as the case now stands
The Council conceive it would be an affront to his Maj"^ so to do, for notwithstanding his Maj*"'^ strict Orders to his Excell^ to see the several Emissions Sunck according to the Periods provided which the Gov' has Endeavoured as far as in him lay to have accomplisht, yet there is between six or seven thousand of the 15,000ii loan now out and unpaid, and 17o0£ more being a loan on another footing outstand- ing also, which ought to have been paid in & Burnt long ago, and till these impedim'® are Removed, the Council must be Excused from any address of that kind. [p. 413.] How- ever they think themselves obliged both in faithfullness to his Majesty and the good People of this Province to Rep- resent to his Maj^"* the true State & Circumstances of New hampshire, which they purpose to do in the close of the Sessions, that his Maj*'*^ in his Royal Wisdom may give such orders as may Save a Province from being lost for want of a due care amongst themselves for its support and Defence.
Pass'' unanimously & ordered to be sent down.
Eod™ die the following vote Bro't down, viz.
In Council, Jany 16*, 1733-i.
Whereas there is in IMr. Atkinsons hands, £656:14: 10
In Coll. H. Sherburns £278 : 10 : 11
In Coll. Peter Wears £ 30 : 12 : 0
In Coll. John Plaisteds & J. Peirce £ 50 : 3 : 8
In Coll. J. Plaisteds more £ 62 : 18 : 5
Due from Coll. M. Hunking's Estate, £ 17:15: 9
As the House of Representatives had made it, £ 1096 : 05 : 7
Voted, That the same be immediately paid into the Treas- ury to discharge the Public Debts as far as it will goe, and that an Act be past to bring the same into the Treasury againe by a Tax in Eight equal. Paym*^ in the eight years next coming, and as Bro't in to be burnt to ashes.
Past unanimously and sent down.
In the House Read & non concurred unanimously, and sent up.
1731.] JOURNAL OF THE HOUSE. 661
Eod"" Die, The following Vote Bro't down from tlie Board, viz.
In Council, Jav/ 16"\ 1733-4. Whereas the 1730X due to this Province from several p'sons is a Debt of ncare twenty years standing, & many attempts have from time to time been made to call in the same, but as yet to no purpose and whereas it is his Maj*'*"^ Express Comand to his Excelly the Governour to take especial care that the Bills of Credit of this Province be sunck according to the periods &c. In conformity therefore to his Maj"''* Royal Pleasure and to the Interest [p. 414] of this Province that there may be no more fruitless Expence of time in pro ing and con ing about that Debt,
Voted, That the Bonds for the 1730<£ be imediately put into the hands of the Attorney Gen' and that he upon re- ceipt thereof Demand from the several Debtors the several sums due by their Respective Bonds, and that as he shall receive the same he shall pay the Interest to the Treasurer to discharge the Publick Debts and shall keep the principle till the next Sessions of the General Assembly after he has received it, when he shall deliver the same into the said General Assembly to ])e Burnt ; and in case the Debtor re- fuse to pay between this and the 25"" of April next, That the Bonds be put in suite the June Court next after and that the Speaker give a power of Attorney to the Attorney Gen" accordingly, passd unanimously & ordered to be sent down for concurrence.
Then the House adjourned to the IS^*" curr^
Fryday, January, 18"^ A. D. 1733-4. The above vote of Council of the IG*'* curr* Read & non concurrd unanimously.
Whereas by the vote of this House of March last past a Comittee then was chosen for the renewing the Bonds for the 1730£ whose power together with the power of the Speaker for renewing the said Bonds at 6 pr ct. leas'd by the Disolution of the then Assembly, therefore voted. That the House adhere to their votes of the 12*'' & 15*'' Inst, re- lating to the said money. Sent up.
The following vote of Council Bro't down late last night on the foot of the vote of this House of the 16*^ curr' Re- lating to the Interest money & Ambler's money was read, viz.
662 PROVINCE OF NEW-HAMPSHIRE. [1734.
In Council January 17^^ 1733-4.
Voted a concurrence, with this amenclm*, That in case the Debtors before mentioned do not pay the full sums justly due from them on demand (which the Treasurer shall be directed forthwith to make) That then the Treasurer shall immediately sue for the [p. 415] same, Provided neverthe- less that this vote of concurrence with amendm* shall be no impediment to his Maj*^'*^ to Review his Suit at the Supreme Court 'gainst Mr. Atkinson for Hues money in his the said Atkinson's hands.
Eod''^ Die. In the House Read and non concurr'd and voted that this House adhere to the former vote. Sent up.
Mr. Secretary Bro't down a written Mess^ from his Ex- cell^ which he said he was ordered to read & leave which is as folio we th, viz.
Gentlemen of the House of Representatives
You have now been Conven'd in Gen' Assembly the usual length of a Sessions, and altho' I laid before you at your first meeting the necessity of the repair of his Maj*^'** Fort and the Goal together with the payment of your just Debts, yet you have not to this day made the least provision in these important articles ; but in duty to the King I am still waiting on your further deliberations and wish they may be to your own honour & to the safety, peace & good order of the Governni' yet if y*^ are come to a resolution not to pay the debts of the Province but by Extending y" funds beyond y"^ year 1712, which for me to consent to would be a manifest violation of the King's royal orders, I say, if you are so resolved I shall expect your direct & final answer, that the good people of this province may know who are ac- countable for any mischievous consequences from a neglect of so high a nature, and which I shall faithfully represent to his Majesty.
J. Belcher. Jany 18«\ 1733-4.
After reading the above, Mr. Secretary said he had another Mess^ from his ExcelP', viz. That since there was severall members wanting, and business of the greatest moment to act, That his Exccll^ ordered the Assembly to be adjourn'd to Monday the 21** curr' and then declared the Assembly adjourn'd accordingly.
[p. 416.] Monday January the 21^' A. D. 1733-4.
Mr. Secretary Bro't down a vote of this House of the 10*'' curr* for appointing Mr. John Thomlinson Agent for this Province with a vote of Council thereon of the 16^'' curr*
VIZ.
1734.] JOURNAL OF THE HOUSE. 663
In Council January the IC" 1733-4.
The vote on the other side being read but Mr. Rindge's proceedings not having been laid before the Board neither a coppy of his Petition to his Maj*'*" The Council are not capa- ble of making any Judgm^ thereon, who must judge for themselves, however satisfied the House may be in ttie affaire ; & whereas the Council have no personal acquaintance with the gentleman proposed for an agent, neither knowing of his abilities (however capable and worthy he may be) and more- over for as much as there is an average yet du(3 to the two former agents and no supply yet made either to pay the old or a new one, and besides notwithstanding the great assur- ances & raised expectations of many touching the settlem' of the line the Council cannot be of opinion that the present scheam can possibly succeed, and therefore are necessitated to non concur the vote which they do hereby accordingly, — pass*^ unanimously & ordered to be sent down.
In the House a memorial was drawn up & read and voted to be drawn up Plaine to be sent home from the House.
Then the House adjourn'd to the 22'' curr^
Tuesday Jan. 22'^ A. D. 1733-4.
Voted, That Theodore Atkinson, James Clarkson & John Rindge, Esqs. be a Comittee to answer his ExcelF'* Mess-'' of Jan. 18"" curr* & Bring the same at 3 o'clock. Post Meridiem
Whereas this House did vote an Address to his Maj*'® therein setting forth the difficulties this Province Labours under for want [p. 417] of his Maj"*^* Royal Licence to Emit a further sum of Papper Currency, Therefore voted That the Hon**'® the Lords Comiss" of Trade & Plantations be address'd from this House to use their Interest with his Majesty in behalfe of this Province in order to obtain the said Licence and that Mr. Speaker Theo. Atkinson & John Rindge Esqs. be a Comittee of this House to draAv up such Address in the recess of the Assembly and transmitt the same to their Lordships.
Voted nemine contradicente.
The Comittee for answering his Excelly^ Mess* of the 18"" curr* Brot in their draught which was read in the House as follows, viz.
664 PROVINCE OF NEW-HAMPSHIRE. [1734.
May it Please your Excellencie,
Your Excelly^ Mess^ to the House of Jan^ 18"^ curr* has bad its due "weight & consideration and this House begs leave to Inform your Ex- fiell'' that they have by their vote of the 16* curr' directed to the call- ing into the Treasury all the money due to the Goverm' and appro- priated the same to the payni' of the soldiers & Repairing the Goal & paying other Debts due from the Province, but the Council past such a vote thereon as intirely defeated the end proposed by the House in said vote. And this House haveing voted to address his Majestic for Liberty to Emitt a further sum of Paper Money in order to repaire the Fort & other contingent charges of the Goverm', and inasmuch as we may Reasonably Expect his Maj'"=^ Royall Pleasure thereon some- time in the Spring, & your Excelly having inform'd the House that you cannot postpone the paym* of any money already Emitted nor Emitt any further sura but which must be repaid in some of the years between this and the years 1742, which years are already sadled with as much as the People can pay, which are the only ways this House can at present propose for [p. 418] rebuilding the Fort, &c. Therefore this House thinks themselves in faithfulness to the People whom they Represent bound to suspend the consideration of that affaire till next Spring sessions of the Gen^ Assembly.
In the House voted, accepted and to be sent up.
A vote Bro't down from the Board & read as follows, viz :
In Council Jan. 22"^ 1733-4.
Whereas it has been suggested to the Board that the House have misrepresented the Council's vote of Amendm' of the 17'" present on the vote of the House the day preced- ing touching Hughs and Amblers money, This is therefore to assure the Representatives that the Council never intended that the money above mentioned should be paid but once and to convince them of the truth thereof do now vote, That Mr. Atkinson do forthwith pay Hugh & Amblers money in his hands into the Treasury to pay the Debts allowed by the Gcn'^ Ass™ and in case of refusal or non paym* that he be prosecuted for the same at the next Infer, Court by the Treasurer or by Review at the next Superior Court in Au- gust which the House shall think best. Mem°. Tliis vote of Council to be no impedim* to a Review in case the House nonconcurr it.
Eod™ die. In the House, &c. read and concurred, with this amendm* (or plainer Expression) That the above said money be forthwith paid into the Treasury «fc that 200c£ of it be for paym* ot the soldiers at Fort William & Mary, & ,£82 : 18 : 1, for the Repaire of the Prison according to the vote of the House of the 16'" curr' and that if not paid ac-
1731.] JOURNAL OF THE HOUSE. 665
cordingly, That the action be reviewed at August Court. Sent up.
Then the House adjourn'd to the 23'^ curr*.
Communication of Gov. Belcher to the Council Jan^y 22d 173^.
[Copied from the original in Secretary's office.]
Cent'n of his Maftys Council
You may recollect that some time in Dec'' 1732, Capt. King arrived at Boston from London and bro't his M;ij'-^'^ Royal mandamus for admitting Josh" Pierce, Esq., Mr. Benning Wentworth and Mr. Theodore Atkinson to be of his Majestys Council for Xew Hampshire, which mandamus's were directed to me as his Majestys Governour of this Province, and the Gentlemen above mention'd in violation of their duty withholding them from me, I ordered Mr. Sec- retary Waldron to notify the detention of them in the pviblick prints, after whicli Mr. Peirce wrote me a dutifull letter pleading ignorance in the affair, upon which I directed his being sworn ; but so far were Messrs Wentworth & Atkinson from a sense of their duty that they went on with their rudeness and ill manners in detaining his Maj'^"^ commands to me for a fortnight after my being in the Province last year when they bro't them desiring to be sworn, but after such an in- solent behaviour I could not think it for his Majesty's honour to admit them at that time, and represented to his Majesty's ministers what had pass'd in this affiiir ; and notwithstanding what has been suggested by one of these Gentlemen of my receiving fresh orders to admit him, I take this opportunity of declaring that to be a great mistake, for that I have not to this day rec*^ any fresh order in this matter, & yet you are sensible. Gentlemen, that I sent for Mr. Wentworth and Mr. Atkinson the l**' of this month before they had taken their oath in the Houf^e of represent* and told them that I was ready to admit them to be of his Majestys Council & had ordered the Secretary to adminis- ter the oaths to them, which they finally refused to take (for the rea- sons enterd on the Council Book) 1 therefore desire your advice and opinion on what has passed in this matter, and what may most conduce to the King's Honour as to my future proceeding in it
January 22'^, 1733-4. J. Belcher.
Pro. N. Hampr. At a Council Jan>' 22'i 1733-4 (being Tuesday) at the house of Mr. Gambling in Portsm".
Present, his Excelly the Gov"^ Shad* Walton ^ Benj. Gambling "^
Jotham Odiorne - Esqs Josh* Peirce I p
R. Waldron ) Jos. Sherburne f ^'
Ellis Huske J
la answer to his Excelly" representation relating to y*' conduct of Messr* Wentworth and Atkinson touching their admission to the Coun- cil Board, & his demanding of our opinion, and advice thereon, We say it is our opinion that their behaviour on that occasion was in the beginning very indecent, and at least highly contemptuous of his Maj-
QQQ PROVINCE OF NEW-HAMPSHIRE. [1734.
esty and his royal orders, and do therefore humbly advise that their behaviour & refusal may be laid before his Majesty in order to his Majesty giving such direction thereon as may best consist with his honour & wisdome. Pass'd unanimously.
R. W. Sec>-.
Wednesday January 23-^ A. D. 1733-4.
Voted, That the Borrowers of the £15,000 that hath not paid in their Respective Sums according to the acts and [p. 419] votes made thereon do forthwith pay into the Treasury for one year at 6 pr ct. to the first Monday in March 1734-5, and that such Interest be for the paym* of the Puhlick Debts of the Province as shall be ordered by the Gen^ Assembly and all such as do not comply with this vote & do not bring in the Interest for one yeare by the first Monday in March next Extents shall forthwith be Issued against their lands, and all such as do comply with this vote Extents shall be stayed for one year. Sent up.
Post Meridiem.
Mr. Secretary came with a Mess^ that his Excell^ Required the attendance of the House in the Council chamljcr. Mr. Speaker and the House went up accordingly. His Excelly made a Speech. Mr. Speaker pray'd a Coppy and had it, which is in the words following, viz.
Gen''t of tlie House of Representatives.
I shall be heartily glad that the fears of war (by the advice from Europe & other parts") may finally vanish and that a Lasting Peace may be Established by y^ mediation of our most Gracious Sovereign. But should it happen otherwise you must witness for me that I was desireous to have Rouz'd you to make the best preparation for the safety of his Maj''*^'* good Subjects of this Province. To say you are not able to Repaire the only Fort in the Province or to make the Goal secure is triHing with things of the Greatest Importance, and againe to refuse paym' of your Debts is a great dishou'' to his Maj*'"^^ Goverm', a manifest violation of the publick faith & an act of high Injustice to all those to whom you are indebted. I must, Gentlemen, correct y" in a gross mistake when you call yo'' selves the same House of repre- sentatives that sat here in the year 1730; whereas y" had not a being 30 days agoe tho' many of you were members of the House then that are so at this time [r. 420] which makes it the more surprising to me that y° sliould be guilty of so gross a misrepresentation (not to cal it a name it more justly deserves) as to presume to say that there was an expectation of the same fate of both the two Acts then projected, one for rcynoving the Courts, the other for Emitting £6000, because at the opening of that sessions I laid before the House his Majestys royal
1734.]
JOURNAL OF THE HOUSE. C67
orders, forbidding my Giving my assent to any bill of the nature of that for £6000, but yet I call'd up the House of RepresentHo y'' Coun- cil Chamber before they had pass'd the Bill, & told y« whole Court, If they pass'd such a bill I ^.v^ write home in favour of it & Endeavour to get leave to sign it: To which I rec'd from the R' rion'''« the L-^"^ of Trade the following Answer, dated at Whitehall July 0"^ 1731:
Whitehall, July 6«h 1731. We have considered the N. Hampf bill " for Emitting £6000 in bills " of Credit & postponing y« paym' of y" money that shall be due on
which being a further Prohibition I tho't it to little purpose to com- municate it. y° say this Plouse had several times made estimates of y" debts &c. How can this be since y° never had but one opportunity to do it. As to the 1730£ w<=*' has been outstanding for neare 20 years at only y'' small Interest of 2^ pr Cent, you have never yet voted it to be call'd in but by a renewing y^ Bonds to a longer time, altho' y° well know that the King's orders to me are y' all the outstanding moneys of y'= Province shall be paid in according to y« several periods at which they become due. If therefore any loss happen on this [r. 421] account y° are chargable with it.
I must observe to y" the great absurdity of your laying claim to what I said to the House of represents, 3 years agoe, who did every thing in their power for his Majestys honour and for y*^ good of his people, and you have been acting the very reverse in this Session by Exposing the King's Government, by leaving his subjects naked and insecure & by a cruel oppression in withholding (after neat 3 years) the just dues of all those to whom the Province is in debt.
The singular rudeness contain'd in your answer to my Speech I sup- pose is not to be match'd unless by a memorial sent from a neighbor- ing Province to the Hon"*'^ the House of Commons of Great Brittaine & by that August Body Voted an high Insult on his Maj'^^ Govern- ment; and that was relating to the same affairs you have been upon this Sessions, (viz.) the supply of y<= Treasury & protracting the funds: And his Majesty upon an Address from j" Same Province on those heads declared in a fresh order to me his high displeasure at such their proceedings.
I have now been waiting on y° beyond the common length of a ses- sion and finding you are determined not to do one act of safety to the Province or justice to those to whom you are indebted, I have order'd this Court to be dissolved, hoping an other may come together well disposed to the service of their King and of their Country.
Jany 23, 1733-4. J Belcher.
Then Mr. Secretary in liis Maj""* name declared the Ass''^
Dissolved, Accordingly.
In Council. After the General Assembly was dissolved Mr. Atkinson made a motion to his Excellency in Council that as the rea-
G68 PROVINCE OP NEW-HAMPSHIRE. [1734.
son of his refusing to be admitted into tlie Council the 1** Instant was removed he was now ready to take the oaths, to which the Governor answered as follows :
Sir,
Your refusing to accept the royal favour of being of his Majes- ties Council when I offered to admitt you three weeks ago, I look upon so great a disrespect to his Majesty as makes it necessary for me to represent home your Contemptuous behaviour before I admit you to the honour of being of his Majesties Council of this Province.
In Conncil Voted That the Gov"^ draw for his next half year's salary when it becomes due, viz. 25 Feb. next.
In Council Advised that his Excellency Issue a writ for convening an Asseml)ly when he shall think proper.
Gov. Belcher's Order about £15,000 loan.
[From MS. Corr. in Secretary's Office, p. 79.]
Gent'm Y^ Act for y« Emission of y" £15,000 loan provided y* y« same should be paid & burnt in y^ year 1728, and y*' after Law for post poniug y« pay™' of it (w*^'" was an Act of great indulgence to y« borrowers) enacted that y*^ utmost farthing of that sum should be consumed to ashes by y"^ 25 Ap'' 1731, since w'='^ y" have had my re- peated orders to do your duty on that head, & been once & again Informed that it was His Majestys Express Command to me to take especial care that all publick bills should be call'd in & sunk according to the Periods and Provisions of y"^ respective Acts, & yet between 6 & 7000 of y*= 15 remains still unpaid, which is a great injustice to the possessors of the bills of y' loan, a breach of your trust, & a comtempt of his Maj'y'' Royal order to on that head, whereupon I am obliged in duty to His Majesty and faithfulness to y*^ Province once more to re- quire you, and you are hereby strictly required & commanded w^'out any further delay or Excuse imediately on rec* hereof to put the laws relatirfg to y* above mentioned loan in Execution on pain of his Maj- esty's highest displeasure, and as y" will answer y*' contrary at y""" peril. You are alike required forthw"^ to send me the exact account of y'' state of that loan from your last account & what payments have been made in Mass'' Connecticut or Rhode Island bills & by whom.
Given under my hand y*^ day of March, 1733, & in y*-' 7"' year of
his Majty^ Reign.
To y<= Gen' Comittee for managing y*^ £15,000 loan in N. Ham. i
Indorsed.—" Gov. Order ab' 15000£ loan, sent March 4, 1733-[-l] copy."
1734.] JOURNAL OP THE HOUSE. 069
Letter from John Sharp (^) to Gov. Jonathan Belcher.
[Original in his own hand.]
[From MS. Corr. in Secretary's office, pp. 81-83.]
Ilon'ble Sir —
I beg leave to acknowledge the Favour of your very kind & obliging Letters, & to return you my best thanks for your generous Present of Green Wax Lights, than which nothing could be more agreeable to me. I am greatly concern'd that Mr. Dunbar should prove so troublesome a Substitute ; but I have had an opportunity of seeing something of the Temper of his Brother, & if his is the same, I don't at all wonder at any Embarrassmenc he would endeavour to throw in the way of your Excellency's Administration; but your Ex- cellency's superior Genius can look down upon these Attempts with their deserv'd contempt, & wiienever you are pleased to exert your Power, moulder the authors of them into Dust. You know his Patron at home, & Mr. Dunbar pleasing himself with being secure in his Pro- tection, vainly imagines that Gentleman's Countenance is sutFicient to put him on. a Level with his Governour ; but I hope & am fully per- swaded a very little time will show the egregiousness of his Folly, & humble him to that Rank which he ought to be contented with.
The first Degree of Power in every Province ought only to be in- trusted to those of great & exalted minds, & will always, by a wise Prince, be kept at a distance from or out of the reach of all, who are of a grovelling & mean Disposition ; & I am therefore fully convinc'd your Excellency will continue to hold your Reins of Goveniient, with- out a possibility of their being snatch'd out of your hands by this vain aspiring man; & that he will Ph;Bton-like fall in the Attempt he is now making for that purpose ; for he has presented the most extra- ordinary Petition, the end of which is to obtain two very modest Re- quests, tho' intirely inconsistent one with the other: to wit, that he may be made Goveruor-in-Chief of New Hampshire, & that he may have a moiety of your Excellency's Salary as such ; but men of poor & low talents will always blunder in this manner. I would have sent your Excellency a Copy of his Petition, but that I had not notice of this ship's sailing, till within this half hour; & I presume you will receive it from the ingenious young gentleman, your son, or ]\Ir. Par- tridge. Mr. Paris, who is employed by Capt. Thomlinson for Mr. Dunbar, has given me notice to move the Lords of the Committee to- morrow night to take the Petition into their consideration, when I shall pray their Lordships to suspend proceeding on the said Petition till a copy of it can be fr!<t transmitted to your Excellency, & your Answer can be receiv'd ; ^ in which I make no great Question but I shall prevail: And your Excellency may be assured, that in this, as also in the affair of the Naval Officer, & in every other matter wherein your Excellency is any ways concern'd. every Assistance in my Power shall be always at your service, being with the greatest Truth and Respect
Hon''''' Sir, your Excellency's most obliged &
most obedient, faithful humble servant,
19* March, 1734, Joiix Siiarpe.
His Excellency Gov' Belcher.
(1) John Sharps, of England, was one of the Lords of Trade & Plantations. Ed.
670 PROVINCE OF NEW-HAMPSHIRE. [1734.
Letter of Gov. Belcher to Li. Gov. Dunbar.
[Copied from MS. in Secretary's office.]
Hon^ble Sir —
I have ordered the Nuptials of the Prince of Orange with her Royal Highness the Princess Royal to be celebrated here to-morrow, in the handsomest manner we can; and on the Receipt of this it is my order, That you direct his Majesty's Council to attend you, and con- sult with them how to show the greatest Respect to his Majesty and the whole Royal Family on this great & happy Event ; and particular- ly direct that you fire at Fort William & Mary what Guns may be judg'd proper to express the joy of the Government & People.
Sir Boston, Your Servant
May 16: 1734 J, Belcher.
To David Dunbar, Esq.
Liut. Gov'' of New Hampshire, and
Capt of her Majesty's Fort William & Mary at New Castle.
1734.] JOURNAL OF THE HOUSE. 671
[p. 422.] Anno Regni Regis Georgii Secundi Magna) Bri- tannise, Francige, et Hibeniise, &c., Octavo.
A Journal of the House of Representatives of his Maj"** Province of Newhampshire'in New England, began and held at Portsmouth in said Province, October the 8*^ Anno Dom. 1734.
The Persons return'd according to the King's Writ, to serve in Gen^ assembly for the several Towns are as follow- eth, viz.
r John Rindge, Esq. For Portsmouth, < James Clarkson, Esq. ( Capt. George Walker.
SPaul Gerrish. Esq. Paul Went worth, Esq. Capt. Thomas Millet ! Peter Weare, Esq. Mr. John Sanburn Mr. Samuel Palmer. ■p , { Mr. Bartholomew Thing
Ji^xeter j ^^^^^^ p^^^^ Gilman
New Castle, Theodore Atkinson, Esq.
Rye, Capt. Richard Jennes
Kingston Mr. Tristam Sanburn.
Newingtown Mr. George Walton
Stretham Andrew Wiggin, Esq.
Londonderry Mr. Robert Boyce
Durham Mr. Samuel Smith
Greenland Capt. Joshua Weeks.
The Hon''^* George Jaffrey & Jo. Odiorne, Esqs. came from the Board and acquainted the House y* they were authorized by his Excelly to adm'' the oaths to the members return'd, p'suant to an act of Parliam* which being done they withdrew.
[p. 423.] A Mess^ from his Excelly Directing the House to make choice of a Speaker. The House proceeded to the choice of a Speaker.
Andrew Wiggin Esq. was chosen Speaker.
A Mess^ sent by 4 of the members to signifie to his Excll^" that the House had made choice of Andrew Wiggin, Esq. for their Speaker. Then the House made choice of James Jeffrey for their Clerk & he was sworn accordingly.
Then the House adjourn'd to the 9^'' curr*
672 PROVINCE OF NEW-HAMPSHIRE. [1734.
Wednesday October 9"^ A. D. 1734.
His Excelly not coming to the Council nothing was done this forenoon.
Post Meridiem
A Petition of sundry of the Inhabitants of the north part of Hampton praying That that part of Hampton set off by a Comittee appointed by the Gov"^ & Council in the yeare 1719 may be Ratified (Except what is set off to Rye) was Read & a vote of Council thereon, viz. in Council 8'' 9*^ Voted, That the Selectmen of the Town of Hampton be served with a coppy and be heard next Tuesday.
In the house Read & concurrd, with amendm*, viz. That the Petitioners pay the charges.
Voted— That Capt. John Rindge & Capt. Thomas Millet be a Comittee to wait upon the Treasurer and pray him to lay his accounts before the ass™ as soon as may be.
Then the House adjourn'd to the 10*^ curr^
Thursday October the 10*'' A. D. 1734.
Voted — That George Walton, Capt. John Rindge & Capt. Thomas Millet be a Comittee of this House to joyne with such as the Hon'^^'^ the Council shall appoint to audit the Treasu''^ accounts and all other Publick accounts that shall be Bro't into the Gen" ass™ this sessions and also to tell over all such money as is to be Burnt this Sessions and to make their Return to the Gen'^ assembly with as much speed as may be, for allowance. Sent up.
[p. 424.] A Mess* that the above vote was coneurr'd and that the Board had appointed Joseph Sherburn, Ephraim Dennet & Joshua Pierce Esqs. a Comittee for the same ends.
A Petition of Matthew Bradford for a rehearing of an audit between him & Tlieo. Wright, voted that Mr. Wright be serv'd with a coppy at j\Ir. Bradford's charge & that they be heard there on Saturday next, 10 o'clock, A. M.
A Petition of Joseph Chesley & Eliza Hanson praying for a Rehearing of a case before Gov"" & Council. Post Meridiem.
A Mess^ sent to his Excelly that there were three mem- bers appeared that wanted to be Qualified, Ephraim Dennet and Joseph Sherburn, Esq. came down and adm'' the oaths to the three members.
1731.] JOURNAL OF THE HOUSE. 673
Voted That Peter Weare, Esq. Maj-^ Bart. Thing & Paul Wentworth Esrf & Mr. John Eindge he a Comittee from this House to waitt on his Excclly tomorrow morning to know if his Excelly can make any money (for Repairc of the Fort Wm & Mary) the fund to be Bro't in after 1742. Then the House adjourn'd to the 11'^ curr'.
Eryday October the IP^ A. D. 1734.
The Comittee that was. yesterday appointed to waite on his Excelly made Return of their Mess'' viz. that his Excelly gave them for answers, that his Instructions would not admit him to Emitt any money to run beyond the yeare 1742.
Post Meridiem
A Mess* from his Excell-'' pr Mr. Secretary viz. That his Excell^ Requir'd the attend^ of the House in the Council Chamber. Mr. Speaker and the House went up accordingly. His Excell-' made a Speech Mr. Speaker obtained a coppy, and then the House return'd.
The Speech was read as follows, viz.
[p. 425.] Gent, of the Council ^' House of Representatives
Understanding that a nuniber of the members of the House of Representatives had not taken their places till yesterday, has been the reason I have not told you before that I am glad to meet you at this time in Gen' Assm. hopeing you are come together full of inclination & resolution to advance the King's Interest and Hon'" by falling into the best methods of promoting the substantial good of his People in this Province. The difficult situation of the affairs of Europe should make us tho'full & attentive how we may most of all contribute to y*^ Publick safety in case we should be surprised with the alaram of war.
I am much concern'd at the decayed condition in which the onely Fort of the Province lyes and to consider how slenderly it is i^rovided with powder and other stores of War.
The onely Prison also of the Province is in absolute necessity of a speedy Repaire.
That law and justice may obtaine their Eff'ects, I have it, GenS in comand from the King to Press your calling in the Publick Bills of Credit agreeable to the several Acts & Laws by which they have beeu Emitted.
Gentlemen of the House of Representatives,
I have so often urged on former Assemblys the necessary supply of the Publick Treasury, That I hope a bare mention of the following things will readily Induce you to make that your first care in this Ses- sions. It is now going on of four years since there has been any sup- ply made. The Fort 6c prison as I have observed, demand a present
43
674 PROVINCE OF NEW-HAMPSHIRE. [1734.
Repaire and a payment of the Public Debts will show your care to pre- serve the Credit & Hon'' of the Goverm', the moneys due from the Province are in Exact conformity to the Laws, and how hard & severe is it, Gen', that your own Laws should take place upon Private p'sons while the money that should pay their just Debts is withheld from them by the Supreme power. I shall not therefore doubt [p. 420] of your giving the best dispatch to what is so Reasonable and Just.
Gent, of the Council §' House of Representatives
A diligent application to the affairs of the present Sessions will be an instance of your carefull expense of the Public money and to Endeavour after unanimity in all your proceedings must have the most natural tendency to the Peace and welfare of your country ; and you shall find in me a sincere disposition to do every thing in my power for the Prosperity of the Province.
8' !!«>, 1734. . J. Belcher.
Then the House adjoum'd to the 12"* curr*.
Saturday October 12"> A. D. 1734.
"Whereas there is now outstanding & Due to the Province from Sundry p'sons by Bonds the sum of X1730 which money is let out at two & a halfe p' ct. pr annum & in order that the same may bring in a larger Revenue, voted that the Speaker of the House for the time being to whom those Bonds are made payable be directed and desired to put the said Bonds in suit against Each of the said p'sons unless they shall see cause to renew their Bonds by the last day of October Inst. & therein be obliged to pay an annual Interest of six per ct. and any of the said De])tors that shall refuse to renew his Bond (or pay down the Principle & Interest due) then such delinquents Bond to be put in suit and that Capt. George Walker & Capt. John Rindge be a Comittee to joyne with those that shall be appointed hj the Hon"'* the Council for renewal of the Bonds aforesaid and the Bonds to be renewed to the Speaker of the House for the time being. Sent up.
The same day return' d with a vote thereon viz.
In Council S"" 12, 1734.
Read and nonconcurr'd. It being contrary to his Maj'ties Instructions to his Excell^' to postpone any of the Loans.
His Excell^ sent Mr. Sherrif Russel with an order for Theodore Atkinson, Esq. to appear at the Board to be sworn [p. 427] in one of his Maj"''^ Council. Mr. Atkinson went up and was sworn accordingly.
1734.] JOURNAL OP THE HOUSE. 675
Voted that Mr. Speaker send a Precept to the Town of New Castle to make choice of a Proper p'son to represent them in Gen" Ass™ in the room of Theodore Atkinson, Esq. now removed into the CoiinciL
Post Meridiem
Whereas the additional Act about the .£15,000 Loan made and passed May 15''' 1729 is represented insufficient to the End proposed for bringing in the money due — There- fore Voted That a new Act be made for bringing in the said money.
Mathew Bradford & Thomas Wrights case heard at the Board & the Petition and vote by the Council thereon sent down and the Parties heard in the House. The vote of the Council Read and the House concurr'd therewith.
Then the House adjourn'd to the 14"' curr'.
Monday October 14"' 1734. A full House not Appearing the House adjourn'd to the 15^'' curr*.
Tuesday October the 15'^ A. D. 1734.
Voted Tliat George Walker and Paul Wentworth, Esqs. be a Comittee of this House to joyne with such as shall be appointed by the hon*"^^ the Councill to draw up a new Act to enable the grand Comittee to get in the remaining Money of the £15,000 Loan that is outstanding by the next Spring Sessions. This and the vote of the 12"' curr' sent up.
A Petition by Samuel Graves, an inhabitant of Kings- town Praying Relief against Haverell men their Prosecu- tions against him about his land near 12 miles north of Merymack was read.
A Petition of John Gove Praying Relief ag^* a Deed that his son clandestinely got of him, read and voted to be heard Fryday next, he serving his son with a copy to show cause (if he can) why the said deed should not be vacated.
[p. 428.] Post Meridiem
The north part of the Inhabitants of the Town of Hamp- ton was heard on their Pet". The Council for the Petitioners acknowledged no power in Govern'' & Council onely to make a Precinct (or Parish) out of an old Granted Township.
676 PROVINCE OF NEW-HAMPSHIRE. [1734.
The House having Debated on the arguments, the Question was put, granted or not granted. It passed in the negative, and voted that y** Petition be dismiss'd.
Then the House adjourn'd to the 16^^ curr*.
AYednesday October 16 A. D. 1734.
John Goves Petition & the vote about the £15,000 loan sent up
Post Meridiem.
Mr. Secretary Bro't down a Petition of John Goffe, Jun'' of Londonderry & a vote of Council thereon Read and voted thereon that it be heard the 4*^ day of the sitting of the next Sessions of the Gen" Assembly and that he serve the Pro- prietors of Londonderry with a copy to appeare and shew cause (if they can) why the Prayer of the Petition may not be granted.
A Petition of Joseph Sheffield, Bro't down Praying a Co- mittee to lay out some old granted Lalid in Dover, and vote of Council thereon read, & concurr'd the vote of Council.
Then the House adjourn'd to the 17"' curr*.
Thursday Oct. 17, A. D. 1734.
The Petition of Joseph Chesley & Elizaljeth Hanson bro't down, and the Parties heard thereon, and the vote of the Council thereon read and concurr'd. Post Meridiem
A Petition of Samuel Hart (as Guardian to the children of Robert Almory, Deceased) Praying power to sell their part of a decayed messuage, S:c. was read, and voted that it be heard the third day of the sitting of the next Ses- sions of the Gen" Assembly and that he notific all the parties concern'd to appeare and shew cause &c. and also to bring a coppy of the will, [p. 429.] Then the House adjourn'd to the 18«' curr'.
Fryday, October 18t^ A. D. 1734. Voted that Peter Weare, James Clarkson & John Rindge, Esqs. be a Comittee of this House 'to draw up an Answer to his ExcelP'* Speech and present it tomorrow morning for ac- ceptance.
1734.1 JOURNAL OF THE HOUSE. 677
Sent up Govs' Petition, Sheffield Petition & Harts Petition.
A Mess* from the Board pr. Mr. Atkinson, with Chesley's Petition to reconsider & amend it, viz. That the Cost be paid down, and that the writ of possession be stopt upon re- considering the same. Voted That the House adhere to their vote.
The treasurer's account for the yeare 1732 was read, and the return of the Auditors tliereon, and voted the same to be accepted and the account allowed.
Post Meridiem.
Whereas Mr. John Thomlinson(') of London, by votes of this House appointing him to be agent for the Province of New Hampshire, who has hitherto done to the satisfac- tion of this House — Therefore Voted That the thanks of this House be given to the said John Thomlinson for his good services done in the affaires of the Province, and also, That this House still continues him their agent, and prays his further assistance in those affairs he has negotiated and all other affairs Relating to the Province from time to time. And that Mr. Speaker Wiggin and Capt. John Rindge be a Comittce of this House to write to the said John Thomlin- son & advise him from time to time as occasion may serve & require.
A Petition of Christian Baker, (2) Praying a Bill for lib- erty of keeping a House of publick entertainment was read, and the Prayer of the Petition Granted, k that she have liberty to bring in a Bill accordingly.
Then the House adjourned to Saturday, 19^'' curr^.
(1) Dr. Belknap says, " Capt. John Thomlinson was a merchant of London, who was well known in New-Hampshire, where he had fre- quently been, in quality of a sea commander. He was a gentleman of great penetration, industry and address; and having fully entered into the views of Belcher's opponents, prosecuted the affair of the line with ardor and diligence, employing for his solicitor, Ferdinando John Parris, who, being well supplied with money, was indefatigable in his attention." Farm. Belle, p. 220.
The Correspondence of Mr. Thomlinson with Theodore Atkinson, Esq. and other officers of the Government, is of great interest and value. Ed.
(-) Mrs. Christina Baker was a daughter of Capt. Richard Otis, and with her mother was taken captive, in infancy, by the Indians in their attack on Dover, in 168!). For interesting notices of this re- markable woman, see Farm. Belknap, pp. 129, 130, and Vol. viii, pp. 405-427, Coll. N. H. Hist. Soc. Ed.
678 PROVINCE OF NEW-HAMPSHIRE. [1734.
Saturday, the 19*'' of October, A. D. 1734.
Whereas a great number of ill disposed persons assembled themselves together at Exeter in the Province of New Hamp- shire, on the 23^^ of April last past about 9 of the clock at night, and then and there [p. 430] in a Riotous, tumultuous & most violent manner came into the House of Capt. Samuel Gilman of said Exeter (who kept a public house in said town) and did then fall upon Beat wound & terribelly abused a number of men hired & imployed by the Hon''^*^ David Dunbar, Esq. as Surveyor Gen^ of his Maj*'""^ woods, as as- sistants to him in the execution of said ofiice, many of which were beat and so abused that they very narrowly escaped with their lives (as appears by Examinations taken by power of his Maj*'*^ Justices of the Peace for said Province) all of which is a very great dishon"^ to this his Maj"*^^ Province and contrary to all Laws and Humanity, and ought to be de- tested and abhor'd by all parts of the Legislative Power, In order therefore to the finding out & bringing to condine Punishm* the transgressors & abettors of so vile a piece of disobedience, and in order that so great an odium may not rest upon this Province, and to convince his Maj^'" that such villainies are abhorred by the Province in gen", Therefore In the House of Representatives voted. That his Excell^ the Gov"" and Council be earnestly desired to order a strict Ex- amination into that affaire that the utmost Justice may be done to his Maj'^'*^ and that the p'sons concern'd therein may no longer Escape the Punishment they have by their actions so justly deserved. (^)
Voted to be sent up.
A vote past for making an Act for the recovery of Debts & bringing actions ag^* p'sons living out of the Province, that had at no time been an Inhabitant in the Province.
Then the House adjourn'd to Monday next.
Monday, October the 2V\ 1734. The Committee being out about the accounts and not a full house.
The House adjourn'd to the 22'' curr't.
(1) See Letters relative to this riotous affair in the latter part of this volume. Ed.
173i.] JOURNAL OF THE HOUSE. 679
Tuesday, Oct. 22* A. D. 173-i.
Early in the morning before the hour of meeting, Mr. Secretary came with a Mess* from his [p. 431] Excel^ Ee- quired the attendance of the House in the Council Chamber. Mr. Speaker being there and but few members he answered the Secretary as soone as a few more members came he would attend. Mr. Secretary came imediately down againe with a Message that his Excel'' required their imediate at- tendance. Mr. Speaker and the few members went up. His Excel^ made a Speech. Mr. Speaker obtained a Coppy which •was as follows, viz.
GenU of the House of Representatives,
I have now been waiting on your deliberations the usual time of the sitting of a Gen" Assembly of this Province to see whether you would make any supply to the Publick Treasury for the uses I men- tioned at the opening of this Sessions, which affaire I understand came in Debate in the House the eighteenth of this Inst, and the Question being put, it passed by a considerable majority to make no supply. This resolution obliges me, in duty to my Royal Master & in tender- ness to his People to put an end to the being of this Assembly in the same manner as I did the last, altho' there has been in it a greater number of gentlemen than in the other, who have been well disposed to his Maj''" service, and to tlie welfare of this Province, yet others have been once more able to defeat every thing that had a tendency to those good ends by their continued resolution of making no supply, & thereby keeping Fort Wm & Mary naked and defenceless as to its works and stores of war. The Prison also is in a jDOsture liable to con- tinual escapes which happening must be made good by a tax on the People and what is of a piece with these things is your suffering the cry of injustice and oppression thro' out the Province by not paying the debts that have been due now upwards of three years. "With what face gentlemen can the officers of Justice put the Laws in execution or why should a goal be the portion of the Private men for not paying his debts, while you whose duty and province it is to raise money for the paym' [p. 432] of those of the Publick (knowing that the sufferers can- not compel you thereto) have openly declared you will not pay even the lawful Debts of the Province, with how much contience, with how much Hon'' can you justify such proceedings I must submit to better judges than I can pretend to be.
I am also obliged to mention the injustice done by you (and former Assemblys) to the People by adding a new load of Debt of the Prov- ince in the sitting of Assemblys from time to time for three or four years past, for no other purpose than to the increase of the public taxes. To prevent my being more particular I would refer you to what I said at the close of the sitting of the last Assembly a great part of it being applicable to yourselves, and Pitty it is but that the good people of this Province should know who are the imediate authors (as snake in the grass) of their present troubles and difficulties, that they may wisely avoid the one at their next Election & always have a just abhor-
680 PROVINCE OP NEW-HAMPSHIRE. [1734.
rence of the other, and then they will send such to represent them in after Assembl^^s as being free from sinister views and party designs, will steadily act up to their duty to the king and with hearty concern for the best interest of the People. S-- 22'i 1734
J. Belcher.
Then Mr. Secretary by his Excelly^ order Declared the General Assembly — Disolved.
Mem°. The Comittees had not time to finish the Ac- counts, nor make their return of the Money luirnt before the Disolution.
1735.]
JOURNAL OF THE HOUSE.
681
[p. 433.] Anno Regni Regis Georgii Secundi Magnse Brit- tanniae, Fraucite et Hiberniie &c. Octavo.
A Journal of the House of Representatives of his Majes- ties Province of New Hampsliirc in New England, began and held at Portsmouth in said Province the thirtieth day of Aprill Anno Dom' 1735.
The Persons return'd according to the Kings Writ to serve in General Assembly, for the several Towns are as fulloweth, viz.
For Portsmouth
Dover
Hampton <
Exeter
Kingston
New Castle
Rye
Newington
Lo)idonderry
Stretham
Durham
Greenland
John Rindge, Esq. James Clarkson, Esqr. Doctor Nathaniel Rogers Paul Gerrish, Esq. Paul Wentworth, Esq. Capt. Thomas Millet Mr. John Sandburn Capt. Ichabod Roby Mr. Samuel Palmer Bartholomew Thing, Esq, Capt. Peter Gilman Mr. Ebenezer Stephens Joshua Pierce, jun'', Capt. Richard Jennes Mr. George Walton Mr. Robert Boyce Andrew Wiggin, Esq. Capt. Jona. Chesley Mr. Thomas Packer.
Mr. Secretary came into the House and said [p. 434] that the Precepts Returned for the Members of this Assembly he had ; and that he and Theodore Atkinson, Esq"^ were author- ized to administer the oaths to all tlie members present (Ex- cept Capt. Richard Jennes and Mr. Joshua Pierce, jun"", against whom there was some complaint at the Board ot undue Elections, and therefore they must lye for considera- tion) Then the oaths were administered to all the other members.
Then Mr. Secretary said he was ordered by his Exccll-' to adjourne the Assem. to May the first 1735, and declared the Assembly adjourn'd accordingly.
682 PROVINCE OF NEW-HAMPSHIRE. [1735.
Thursday, May the 1^*, A. D. 1735.
Mr. Secretary and Theodore Atkmson, Esq. was sent to qualifie those members that did not appear yesterday, ex- cepting Mr. Joshua Pierce, jr. After the members had taken their proper Oaths, &c. they return'd
Eod"" Die. A Mess^ from his Excell'' by Theodore At- kinson, Esq. viz. That his Excell^ directed the house to make choice of a Speaker, and then return'd.
Some of the members rose up and gave their opinion that the house ought not to proceed to the choice of a Speaker, till ail the members return'd & were present, was Quallified according to Law.
Then the Triennial Act was read.
Then the Members that was Quallified, directed the Clerk to put the question. Whether it was not proper to send a Mess* to desier his Excellency that Mr. Joshua Pierce may be qualified as a member before the House proceed to the choice of a Speaker — which was done. It was past in the affirmative.
Paul Gerrish, Andrew Wiggin, Esqs. and Capt. Icabod Roby went up with a Mess* accordingly.
Eod''^ Die. Mr. Secretary & Theodore Atkinson Esq. came with a Message to know to whom the last Message was directed to.
They were answered by the members that were Quallified, to his Excell^ and the Council, or to that part whose busi- ness was to receive it.
[p. 435.] A message pr Mr. Secretary that if the House had any Mess* to send to his Excell^' It should in writing.
The Members that were Quallified sent a Mess* to his Ex- cell-^' that they insist on their Priviledges and do desier your Excell^' to direct that Mr. Joshua Pierce may be Quallified (the House being informed by the Sherif ) that he was legal- ly return'd for New Castle, and until that be done, the Mem- bers decline to go upon any Business — Sent up not sign'd
P. M. A Mess* pr. Mr. Secretary, viz. That his Excell^ directed the House Imediately to make choice of a Speaker «fe present him.
Mr. Secretary came with another Mess* viz. That there was some mistake about the ]\Iess* sent up in the morning — and that the Mess* sent his ExcelP' tooke no notice of being a Blank, and that his Excell^' Directed the House to make
1735.] JOURNAL OF THE HOUSE. 683
choice of a Speaker. A Mess* sent to liis Excell^', viz. That thej were directed by the House to inform to inform his Ex- celF, That the House still continues of oppinion, that they can't without giving up their Priviledges go upon any busi- ness till all the members present are quallitied that are legal- ly return'd and are present.
Mr. Secretary came down and by command of his Excell^ adjourn'd the Assembly to the 2*^ currant.
Friday, May the 2-^ A. D. 1735. Mr. Secretary bro't down a Written Message from his ExcelF & read it as follow^s, viz.
GenH of the House of Representatives.
I have considered the Mess^ j'oii sent me yesterday and have ordered the Sec>' to read you that clause of the King's Comiss" to me which I apprehend gives me the Power of Judging who are duly elected and who are not, to be Representatives in order to my giving directions for administering the Oaths to such as are returned for the several Towns. I am far from having any inclination to invade the least Priviledge of your House, yet it is my Duty to support his Maj''«^ Au- thority and I hope upon your considering what I now communicate, you will proceed to the choice of your Speaker & give the best dispatch you can to the affairs of this Sessions. May 2, 1735.
J. Belcher.
[p. 486.] Then the Secretary laid the above on the Table and read the Parragraph of his ExcelP'^ Comiss" referr'd to and carryed it up with him.
The house sent up a Mess'' to his ExcelP' desiering a Cop- py of the Parragraph read in the house. Mr. Secretary bro't down the Paragraph and left it, which was read in the House and is as folio weth, viz.
" And we do hereby give and grant unto you full power and author- ity with the advice and consent of your said Council from time to time & as need require to summon and call Gen" Assemblys of the said Freeholders & Planters within y°'' Government in manner and form according to the usage of our Province of New Hampshire — And our Will & pleasure is that the Persons thereupon duly elected by the Major part of the freeholders of the Respective Counties and pilaces and so return'd shall before their sitting take the Oaths appointed to be taken by the said Act, entitled. An Act for the further security of his Maj"*^' P'son and Goverm' and the succession of the Crown in the heirs of the late Princess Sophia being Protestants, and for extinguish- ing the hopes of the Pretended Prince of Wales and his open and secret abettors, as also make & Subscribe the fore-mentioned Declara- tion, which Oaths and Declaration you shall comissionate fitt Persons
634 PROVINCE OF NEW-HAMPSHIRE. [1735.
under our Seale of New hampshire to tender and administer to them, & untill the same be so taken and subscribed, no person shall be capa- ble of sitting tho' elected, and we do hereby declare that the Persons so elected & Quallified shall be called and deemed the Gen" Assembly of that our said Province and Plantation."
A Message sent to his ExcelF, viz. May it Please your Excellency,
The House of Representatives have considered your written Mes- sage sent down this day and also the Parragraph in your Excelly^ Comiss" therein referred to — and upon the whole can not but continue of the Same opinion in as much as your Excell-^ is thereby referred to the usage and customs of the Province, which has alwayes been to administer the Oaths to such as are return'd by the Sherrif, and [p. 437] for the House of Representatives to judge of the due or un- due Elections of any of the Members upon complaint made to them, and if your Excelly's Comiss" or the Law was silent in this matter, it is no more than Reason itself requirs.
For if the Gover"" for the time being hath authority upon pretence of undue Elections to prevent any member from acting in the House, it would be a power in a manner equal to that of choosing the Assem- bly himself. Upon the whole, we humbly pray your Excell^ to re- consider the matter and in as much as you have declared yourself farr from inclining to invade any priviledge of this House, and as the King himself (as far as we can learn) never pretended to examine the due or undue Elections of the Members of Parliament, We hope your Excell-^' will be of opinion that no such power was design'd to be con- veyed to your Excelly by that Paragraph and that you will accordingly order the Representative for New Castle to be qualified, that the House may proceed to business, which they would have done before now, ac- cording to your ExcelP* direction, if they could have done it without giving up the Rights and priviledges of the People they represent.
Sigu'd in the behalfe & by direction of the Rest of the Members.
May 2*1, 1735. Paul Gerrish.
While the above Mess" was writing, Mr. Secretary came with a Mess" viz. That his Excell^ was of opinion that the House might make choice of a Cler. or any Member might signe in behalfe of the Rest. Then the above was sent up.
Post Meridiem
Mr. Secretary Bro't clown a Written Mess^ which was read, & to be left if desired. The Members said it might be carried back.
Then 'Sir. Secretary and Theo. Atkinson, Esq. came and administered the proper oaths to Mr. Joshna Pierce and he took his place accordingly. A message from his Excell^ directing the House to make choice of a Speaker.
By balloting Andrew Wiggin, Esq. was chosen Speaker. A Mess'' sent to his ExcelP' by four members to signify to him that [p. 438] Andrew Wiggin, Esq. was chosen Speaker.
1735.] JOURNAL OF THE HOUSE. 685
Mr. Sec^' came with a Mess'' viz. That his Excell-^ required the attendance of the Speaker and the House in the Council Chamber. Mr. Speaker and the House went up accordingly. His Excell^ made a Speech. Mr. Speaker obtain'd a Coppy & then with the House return'd. Then the House made choice of James Jeffry for their Clerk and he was sworn ac- cordingly. The Rules of the House read, voted, accepted. Then the House adjourn'd to May 3*^ curr*^.
Saturday, May S-^ A. D. 1735. His ExcelF^ Speech was read as follows, viz.
Gen't of the Council
^' House of Representatives
The last accounts by the ships from Great Brittaine leave us still at a great uncertainty with respect to the War & cotuotious in Europe, and time alone must discover how the present Ruptures may affect his Maj""^' Kingdoms at home and his Plantations iu America: Yet I think in duty to the King, as well as from a tender regard to this Province I am obliged to say, it will be a point of wis- dom in you to repair Fort William and INIary, and to put it into a good posture of defence, and you cannot, Gen*, be ignorant of the unsafe and miserable condition of the only Goal in the Province, and how necessary it is that it be speedily repaired.
Some good laws to encourage the Husbandry of the Province, and more especially the giving a handsome Bounty for raising Hemp and Flax would be a likely method for recovering your Commerce from the difficulties it labors with at present & all proper frugality would still add weight to the scale in favor of this Province.
I cannot but observe to you. Gen', as I said once and again to the Assembly of the Mass" Province, on an occasion something like this, of the unwarrantable attempt made here [p. 439] by a set of private Gen' to strike & Issue paper notes or Bills to pass in lieu of money. If the Legislature are restrained by his Maj"'-'* lloyal Orders from a Practice of this Nature any otherwise than may be for the necessary charge of the Province, surely private persons ought not to presume upon it.
Gentlemen of the House of Representatives
It is now upward of four years since there has been any supply "made to the Publick Treasury. When you consider how much the Prov- ince is exposed on this Head and how unrighteous and oppressive it is to all persons that have just and long standing demands on the Gov- ernm' I hope you will make it your first care (in this Sessions) to re- cover the Hon'' & justice of the Governm' by making ample provision for paying the publick Debts and for repairing the Fort and the Prison.
Gent, of the Council
§* House of Representatives
I shall be glad to se[e] you Industriously pursuing the business I have now laid before you, that this Sessions may be short and thereby create the least expence to the good People of the Province.
May 2, 1735. J. Belcher.
688 PROVINCE OF NEW-HAMPSHIRE. [1735.
Voted That John Rindge, Esq. Capt. Thomas Millet & Mr. George Walton be a Comittee of this House to joyn with such as the Hon''''' the Council shall appoint to audit the Treas'* accounts and all other accounts that shall be bro't into the Gen^ Assem. this Sessions, & also to tell over all such Money as is to be Burnt this Sessions and to make their return to the Gen^ Assembly for allowance. Sent up.
A Mess'' from the Board that the above vote was con- curr'd & that Jotham Odiorn, Ephraim Dennit & Jo. Sher- burn, Esqs. were appointed at the Board for the ends above s"*.
Voted, That Paul Gerrish and John Rindge, Esq"^ be a Comittee of this House to draw an Answer to his ExcelF* Speech & present it the House for approbation.
Voted That Mr. Nathan^ Rogers, John Rindge [p. 440.] & James Clarkson, Esqs. be a Comittee of this House, to joyne with such as the Hon^'* Board shall appoint to view the Goale and see what Repairs are necessary and what the Charge may amount to & make report to the Gen' Assembly next Monday afternoon. Sent up.
A message from the Board That the above vote was con- curr'd & that Shad. Walton, Henry Sherburn & Joshua Pierce, Esqs. were appointed at the Board to joyne the Comittee of the House. Then the House adjourn'd to Monday the 5'" curr*
Monday May the 5^"" A. D. 1735. The Committee from the Prison made their Return, viz.
We the subscribers being appointed a Comittee to view the Prov- ince Goal, & see what repairs were necessary, & to make an Estimate of the charge of our Report thereon, having accordingly had a view of the said Goal, & called in advice & find great deficiency therein, but conclude that twenty five pounds will be sufficient at present to make the prison secure as it has been for some years jaast (excepting the yard) Sha Walton,
II. Sherburn, . J. Pierce
J. Clarkson Nath' Rogers.
Then the House adjourn'd to the 6"^ Curr*
Tuesday, May e*'^ A. D. 1735. Voted, That Messrs. Jona. Chesley, Joshua Pierce jun. & John Sanburn be a Comittee of this House to joyn with
1735.] JOURNAL OF THE HOUSE. 687
Buch as the Hon'^'^ the Council shall appoint to goe & Survey Fort Wm. & Mary and see what repairs are now necessary and make return to morrow in the forenoone and what the particular charge may amount to. Sent up.
A Mess^ from the Board the above was concurr'd, and that Shadrach Walton, Jotham Odiorn and Joshua Pierce, Esqs. were appointed at the Board for the ends aforesaid. Post Meridiem.
Whereas 'tis suggested that the additional Act about the £15,000 Loan Money is defective in [p. 441] that part re- lating to the issueing extents on the Lands of those persons that have not paid in their Money according to the former Acts — Therefore Voted, That Paul Wentworth, Esq. and Mr. Thomas Packer be a Comittee of this House to joyne with such as shall l)e appointed above by the Hon"^'^ the Council to draw up a new Act to enable the Grand Comittee to get in the remainder of the money of that Loan that is outstanding by the next Spring Sessions.
Whereas John Thomlinson of London in Great Brittain, Esq. by sundry votes of this house from time to time has been appointed Agent for this House & for the Province of New Ilampshire to appeare as the case may require at the Court of Great Brittaine or before the Lord's Comiss" for Trade and Plantations or any other Court or Boards where any matter concerning the House of Representatives or the Province in General may have any thing debated, who has hitherto done to the great satisfaction of this House — Therefore Voted, That the thanks of this House be given the said John Thomlinson for his good service done in the affairs of the Province, and also That the House still desiers him to continue in that station as their agent and prays his further assistance in those affairs he has been negotiating in behalfe of the Province & in all other affairs wherein the Province is or may be concern'd, and that Andrew Wiggin & John Rindge, Esqs. be a Comittee of this House to write and advise him from time to time as occasion may serve or require.
Several Comittees being out the House adjourned to the
Wednesday, May the V^ A. D. 1735. The several Comittees being still out the House adjourn'd to the 8"^ curr*
688 PROVINCE OF NEW-HAMPSHIRE. [1735.
Thursday, May the S^i^ A. D. 1735. The Comittee for answering his Excell^'* speech bro't in their Draught which was read & some amendm^* made and read as follows : viz.
[p. 4-42.] il/a?/ it Please your Excellency
We beg leave to assure your ExceRy that this House is met with full incliuation to do every thing in their Power that shall teud to the Hon"^ of liis Maj"'= and the Prosperity of his subjects whome we rep- resent. We have given your Excell^'* Speech its due weight and con- sideration & are not unsensible of the uncertainty with respect to the War & Comotions in Europe, where tho' at present in a difficult situ- ation, yet we hope will not terminate in a war with Great Brittaine. We are verry sensible of the Ruinous posture and defenceless state of Fort Wm. & Mary as also of the insufficient condition of the Prison, which together with the Treasury we shall take under our iraediate consideration & shall endeavour to supply the one and repair the other in such a manner as may be least greivous and Bjarthensome to our Constituants according to our present circumstances. We are like- wise verry ready and willing to come into the making and encouraging a manufactory by giving a Bounty on Hemp and Flax, if we can find a way for raising Money for that purpose, by which we are very sensi- ble the Trade and commerce of this Province wou'd be revived & industry incouraged. As to what your Excelly was pleased to mention in relation to a set of private Gentlemens striking & issuing paper notes or Bills to pass in lieu of money, this House is not sensible wherein such an attempt is unwarrantable unless some notorious Fraude or Cheat might be design'd & discovered therein, inasmuch as we can't apprehend his Maj'"'''' Royal Instruction to your Excell^ upon the head of Province Bills was ever intended to extend to negotiable Notes amongst merchants and Traders, and we are not a little con- cern'd to see your Excell-^** Proclamation Publishing an Act of the Province of the Mass"' against taking those notes prefaced thus — "least Some iTuwary persons be imposed upon by the said notes or Bills," Your Excelly is pleased to observe that it is full fower years since there has been a supply made to the Publick Treasury, and when we con- sider how [p. 443] much the Province is exposed. It is with the utmost concern we are obliged to take notice of an expression in your Ex- ell^'" Speech charging the Representatives of this People with un- righteousness & oppression, when your Excell^ can't but remember that the former Assemblys did vote sundry sums of money into the Treasury in order to pay their debts, and the last Assembly was pre- vented-by a suden Disolution, before the accounts of the Province were compleatcd, and we must needs think that the repeated Disolutions, which seems to compel us to a way of acting contrary to the interest of the Peojile we represent, whatever different sentiments your Ex- cell^ may entertain, are very unha^jpy presidents, and that such a method wpu'd be tho't a Grievance not only by the representative body of this People, but by Assemblys of the neighboring Provinces. We assure your Excelly that we shall industriously pursue the Business now before us, as we have nothing more at heart than his Maj''*"* Hon' & Interest which is inseparable from the Prosperity of the People we
1735.] JOURNAL OF THE HOUSE. 689
represent. And we resolve to do all in our Power to shew conviuciug proofs of our sincerity therein.
May 8"^ 173.5. Andrew Wiggin, Speaker.
Post Meridiem. A Petition of the Inhabitants of the West end of Hamp- ton Falls praying to be sett off a Distinct P'ish was read k voted that the i*etitioners serve the Selectmen of the Fall P'ish at their own cost with a coppy thereof & the votes thereon to appe"^ the third day of the sitting of the next Gen' Assembly to show cause, &c. Then the House ad- journed to the 9*" curr't.
Friday May 0*" A. D. 1735.
A Petition of Christian jjaker praying License to keep a Publick House of entertainm'' read and voted the Prayer of the Petition be granted. Sent up with Hampton Falls Petition.
Post Meridiem.
Voted, That the Treasurer demand and receive the Interest due on the i^l730 from those Persons from whome the same isnow due, & that the said Interest money be for the paym* of the allowances to be made by the Gen^ Assembly & that after the Interest is demanded that the Bonds [p. 444] be put in- to the hands of the Speaker for the time being and that if any person refuse to pay his Interest on the Bond that then the Speaker is hereby directed to put such Persons Bond in suite as soon as may be, and when recovered the interest to be paid into the Treasury as above and the Principle be bro't into the Assembly & Burnt, & that each Person that has a mind to keep the money longer do renew his Bond to pay G pr ct. pr annum from the 25*'' of Ajjrill last, the Bonds to run for one year, and if any person will not so renew his Bond at 6 pr ct. pr annum nor pay the principle as afore- said to the Speaker, that then such Person or Persons Bonds be put in suite by the Speaker aforesaid and when recovered the Principle to be bro't by the Speaker into the assembly and Burnt and the Interest paid into the Treasury as afore- said.
Mr. Sheffield and the Selectmen of Dover was heard on the said Sheffields Petition ])refer'd last sessions & voted a Comittee, <fec. as on the Petition.
44
690 PROVINCE OF NEW-HAMPSHIRE. [1735.
John Goffe Jun"" appeared as ordered on his Petition pre- fer'd last sessions & ordered to be heard thereon Monday next. Then the House adjourn'd to the 10"* curr'.
Saturday May the 10*'' A. D. 1735. The Comittee on the Accounts and telling money being out that there was not a full Quorum in the House. The House adjourn'd to Monday the 12"* curr*.
Monday May the 12^'* A. D. 1735.
Mr Secretary came with a Mess^ -from his Excelly, viz. That his Excelly intends to leave the Province in a little time and pray'd the House would make dispatch. The House sent up a Mess"* pr Messrs Clarkson & Parker, who were directed to acquaint his Excelly that the House has waited ever since last Thursday for the accounts to be ad- justed, which has entirely clogged the whole Business of the House, and as soone as they are adjusted, the House will immediately proceed to the supply of the Treasury.
Then the House adjourn'd to the 13"* curr*.
Tuesday May IS*'* A. D. 1735. Mr. Goff was called on his Petition for a hearing and the Proprietors of the Town of Londonderry : but they did not appeare. Mr. Goff [p. 455] made sufficient proof that he had served the Proprietors with a coppy, according to the order of the Gen^ Assembly last sessions. The House heard the Par- ty, and considered thereon. Voted the Prayer of the Peti- tion be granted & y* the Petitioner have liberty to bring in a bill accordingly. Mr. Atkinson came with a Mess" from the Board, viz. that the vote of the House of the 9^^ curr^ Relating to the £1730, was non-concurred at the Board.
The Committee for telling over the money made their return. There was Bro't in by the Treasui-er of the tax money for the year 1734,
£1016:5: 1 More of the same money £ 7:4:11
Of said Sherburn old Cyphered Bills £ 119:3: 6
From Theodore Atkinson, old ciphered Bills £ 19:4: 6
May 10"^ 1735. We the subscribers being a Comittee chosen to tell over all money to be bro't into the Assembly this sessions to be burnt, we
1735.] JOURNAL OF THE HOUSE. 691
have told over and Bro't in the several sums as Entred. Witness our hands.
Ep Dennet Tho. Millet
Jo Sherburn John Rindge, Committees.
The above return accepted & voted that the several p'sons are hereby discharged of the several sums as carried oif.
A Mess* sent to the Board to desier a certificate from the Secretary of the number of days each member of the Coun- cil hath sate since X' 1730, in order to adjust y*^ accounts.
Mr. George Jaffrey came into the House and inform'd That Mr. Greenleafs time is now Expired for receiving the Excise, & that the Board thinks it advisable that the House make choice of a comittee to let the Excise out, or to ap- point a receiver.
Mr. John Goff presented his bill and it was read. Post Meridiem
Mr. GofTs Bill read a 2^^ time. Read a third time and passed to be enacted.
[p. 446.] Voted — That Joshua Pierce Esq. be Recorder for Province of New Hampshire for the year ensuing, and until the end of the next sessions of the Genl. Assembly after the yeare is ended and that he be allowed and paid for recording Every Deed by the Person that brings it for his attestation thereon three shillings, and the like for giving out copies.
Voted, That Doc"^ Rogers, Capt. John Rindge & James Clarkson, Esq., be a comittee of this House to joyne with the Clerk to Draw up a Bill for supply of the Treasury.
Voted, That £500 be put into the bill for Bounty on Hemp and Flax.
Then the House adjourn'd to the 14*'' curr^
Wednesday May 14'^ A. D. 1735.
Voted — That Paul Gerrish Esq. and Mr. Nathaniel Rogers be a comittee of this House to joyne with such as shall be appointed by the Board to Farm out the Excise to the High- est Bidder for three (3) years taking good security, & to be paid for their trouble out of the Treasury.
Mr. Secretary came with a Mess=^ from his Excelly, viz. That his Excellency prayed the House to dispatch the Busi- ness for he had but little time to tarry.
A Mess* sent to his Excelly from the House, viz. In an- swer to your Excellencies Mess^ pr Mr. Secretary "Waldron
692 PROVINCE OF NEW-HAMPSHIRE. [1735.
for the House to make dispatch of the business, &c. The House is using their utmost diligence in the affairs of the greatest Importance and prayes your Excelly* patience a lit- tle time.
Post Meridiem.
Whereas for some yeares past John Thomlinson of Lon- don, Esq. has been agent for this House in the affaire of the Boundary Lines, at the court of Great Britain and ought to be encouraged & supported, and hitherto he has acted only by the authority received from this house, And Whereas as most Governments have [p. 447] Agents to appeare for them at the Court of Great Brittaine and this Province gen- erally have had an agent commissionated from hence by the several Govrn^ from time to time. And the above said John Thomlinson having hitherto acted with great diligence in the affairs that has been transacted at home. Therefore this House desires the Hon''^® the Council to joyne with them in desiring his Excelly to commissionate the said gen*, as agent for the province m general.
Voted and sent up for concurrence.
Mr. Secretary came with a Mess^ from his Excelly, viz. That his Excelly ordered him to adjourn the assembly to Fryday next, and then declared, the Assembly adjourned ac- cordingly.
Pryday May 16, A. D. 1735. A Bill bro't in for giving a bounty on Hemp & Flax to take place the first day of April next, was read the first time.
Province of New Hampshire : We whose names are here underwritten, being a comittee of audit appointed by the Gen' Court now sitting at Portsmouth in and for the Province aforesaid. Do Report as follow- eth viz. We have examined & audited the within account of Henry Sherburn, Esq. Treasurer and Receiver Gen''^ for the Province afore- said, both Debt & Credit, as contained in this sheet of paper, and find the same well vouched & right cast, and that there is justly due from the Province of New Hampshire unto the said Henry Sherburn Esq. to ballance the sum of four hundred and eleven pounds, twelve shillings and seven pence. Given under our hand at Portsmouth the 12"* day of May 1735.
Jotham 'Odiorn Tho. Millet
Jos. Sherburn (Tcorge AValton
J. Rindge Committee.
The Committee for drawing a Bill for supply of the Treas- ury Bjo't in the Bill which was read as follows, viz.
1735.]
JOURNAL OF THE HOUSE.
693
[p. 448.] Anno Ref/ni Regis Georgii Secundi Octavo.
An Act for tbe Supply of the Treasury with the sum of £3381 : 14 : 8 in Bills of Credit for discharging the Public Debts of the Province & for other purposes in this Acct hereafter mentioned.
Be it enacted By his Excell-^' the Governor, Council and House of Representatives convened in General Assembly & by the authority of the Same, That there be forth with impressed in Bills of Credit on this province the sum of four thousand pounds, the one quarter part thereof on the small plate, and the other thi-ee quarters thereof on the large plate, and that such part thereof as the General Assembly shall order be signed of by a comittee to be appointed by the Gen' Assembly & by them delivered the Treasurer (taking his receipt for the same) to be for such payments & allowances as hereafter in this Act is expressed, and for no other uses, intents & purposes whatsoever, viz. to pay his ExcelP'^ Salary, (exclusive of the Excise)
in full to y« 2-3"^ Aug' 173o £285 : :
to the ball" of Mr. Treasurer Sherburn's Account to
May 1735 £411 : 12 : 7
to the Fort officers and soldiers to May, 1735 £.544 : 16 : 10
to the Secretary for four years to 15 April 1735 £300 : 0 : 0
to the Clerk of the Assembly 4 years to the 19"^ Nov.
1734, £ 60 : 0 : 0
to Benjamin Akerman, 4 years as door keeper to the
15"^ April, 1735 £ 40 : 0 : 0
to the Sheriff 4 years to May 1735 £ 60 : 0 : 0
to James Jeffrey for wood supj^lyed £ 2:7:6
to Benjamin Rust, House rent, firing, &c. abating y'
sup2:ily'd by J. Jeffrey £ 61 : 12 : 0
to £8 : 3, Ster. Ball" Mr. Agent Newman's Acct. New
England Currency is to Jeremiah Libbey for repairing the Prison to Michael AVhidden for do.
to John Trundy for hauling Planck &c. to the Fort, to James Jeffrey Assisting the King's Attorney at
Exeter to Eleazor Russels ace' for Paper, &c. to Joshua Pierce. Esq. for 3 books for records, to Mr. Sherif Wibirds Ace' for books for the prison in
full of what's demanded £ 6:7
to repaire the Fort, Carriages, Platform, &c. £200 : 0
to do. for the Prison £30 : 0
[p. 449.] to the Council for sitting in Ass'" from X'' 1730,
to 13 May 1735, 603 days at Ss. £193 : 19
for Wolves heads 150 : 0
for Expresses 25 : 0
for iVIr. Agent Thomlinson New England currency 300 :
for the Grand Jury 100 :
for a Bounty one Hemp 500
£3381 : 14 : 8
And Be it Enacted by the authority aforesaid that no money appro- priated to uses aforementioned be drawn out of the Treasury for the
41
13
4
1
15 14 13
6
2 : 0
3 : 11 13 : 10
694 PROVINCE OF NEW-HAMPSHIRE. [1735.
discharge of any other Public Debts upon penalty of the Treasurer's Refunding any such Sum or Sums of money as he shall pay contrary to such appropriation.
And for a fund and security for drawing in the said sum of £3381: - 14 : 8.
Be it further enacted By the authority aforesaid that there be and hereby is Granted to his Most Excellent Majesty for the ends and uses abovementioned a Tax of £1690 : 17 : 4 to be levied on the Poles & Estates Real & Personal of the Inhabitants of this Province according to such Rates and proportions as shall be agreed upon by this Court at their Spring Sessions in the yeare 1742, and in as much as it will be next to Impossible to collect all the several Bills Emitted on the credit of this Province at that time outstanding without which payment cannot be made
Therefore, Be it Enacted By the authority aforesaid, that the pay- ments aforesaid be made in manner and form following, viz. in Bills of credit of this Province, or any of the neighboring Governments, or in good well dressed Hemp or Flax of the Growth of this Province at the then current price.
And be it further enacted By the authority aforesaid, That each person who payes his rates in any other Province Bills of credit shall pay 5 pr Ct. advance, which with his rates shall be paid into Treasurer for the time being to be [p. 450] by him Exchanged for Bills of credit of this Province.
And Be it further Enacted By the authority aforesaid, That the Treasurer for the time being at the expiration of the time for the last payment is hereby directed to give public notice that any p'son that will bring in bills of credit of this Province to exchange for those of other Provinces, shall be paid by the Treasurer two and a half pr ct. of the 5 pr ct. advance aforesaid, and the other 2^ pr ct. advance shall be allowed the Treasurer for the trouble of Exchanging the said money.
And be it Enacted by the Authority aforesaid. That Hemp and flax of the growth of this Province shall be paid into the Treasury with an advance of 5 per ct. to be allowed the Treasurer for the necessary charges thereon, and that the said Hemp and Flax shall be disposed of by the Treasurer for redeeming the Bills of credit that may be at that time outstanding & when Bro't in to be burnt to ashes in the face of the General Assembly.
The above bill was read a second time.
Post Meridiem.
The Bill for the supply of the Treasury Eead a third time and past to be enacted & engros'd, & sent up.
An act for a Bounty on Hemp read the first time.
The same read a second time.
Mr. Secretary Bro't down the Treasury Bill with some Written objections ag^ some parts of the Bill
Then the House adjourned to the 17'" Curr'
1735.] JOURNAL OF THE HOUSE. 695
Saturday, May IT*'^ A. D. 1735 The Councirs objections to the Treasury Bill read as fol- lows : viz. 1) No Provision for his Excellency's Salary to the 25*'' of August next as pretended in the Bill For ther's an average of Excise in the Farmers hands of £515, and to make up that sum which will be due the Governor the afore- said 25*'* August the Council apprehend there must be pro- vided a XIOOO.
[p. 451.] 2) The Council are of the opinion that the allowance of the Fort officers & soldiers ought to express the sum due to each, to prevent any after dispute on the Dividend.
3) The Secretary's yeare Ends 15"' April, not May.
4) The Council don't concur in the paym* of X300 to Mr. Thomlinson.
5) There is no act for giving bounty on hemp, and there- fore the Council don't think it proper to grant a Bounty. Some however are ready to come into a Bounty.
6) There's no Provision for a Fund for the intended Emission, for that tjie Bill says " to be levy'd on the Polls and Estates Real & Personal, according to the Proportions as shall be agreed upon by this Court at their Spring Ses- sions in the yeare 1741. Now whether there will be a Spring Sessions in 1741, is uncertain, and againe if there should be, who knows that the three parts of the Legislature would certainly agree ; if they should not agree, then the bills could not be called in.
7) The Council cannot consent to the calling in of the intended Emission in any but New Hampshire Bills, nor in Hemp nor in Flax, for its vastly uncertaine when foreign Bills or Flax or Hemp will bring them into the Treasury to be burnt, which must be consumed within the yeare.
The Answer of the House of Representatives to the Coun- cil's Objections to the Treasury Bill.
1) The £515 due from the Farmer of the Excise, and the X285 in the Treasury Bill maks up his Excelly's Salary in full to the 25*** of August next. The Excise being appro- priated by the Act of the settlem' of his Excelly's Salary Its out of the Power of this House to appropriate it to any other use, and 'tis not reasonable they should make two Funds for the paym* of any one of the Establish*^ until there is a Total failure or Insufficiency.
696 PROVINCE OF NEW-HAMPSHIRE, [1735.
2) It lias been usuall for all former Assembly's to make the allowances to tlie Fort Officers and Soldiers generally X151 : 10 pr annum and for the Treasurer to pay each re- spectively for the time of service according to the Estab- [p. 452.] lishm* the Plouse not knowing (nor having time to inform themselves) when any officer or soldier has been altered, But say that every officer & soldier be paid accord- ing to Estal)lishm* for the time of his service.
3) The article for the Secretaries service is now entered ye ]|^5th Qf April and the Dore keeper.
4) The House adheres to the article of <£300 to Agent Thomlinson.
5) With this goes an Act for a Bounty on Kemp.
6) If there's any doubt of a Spring Sessions &c. and whether the three parts of the Legislature may agree (indeed a thing that lies in supposition may as well not be as be) But instead of the words referred to It may be said to be Levyed on the Poles and Estates &c. according to the last Proportion, for as the Gen' Assembly shall come into any new Proportion by an Act to be made at any sessions be- tween this and the yeare 1742 for before that time the House supposes there must be a new Proportion and most Towns taken in.
7) The House is of opinion that 'tis not possible to get in all the Bills of credit of this Province exactly to the day or time limited and tho' they'le leave out the receiving any other money but New hampshire yet they think Hemp and Flax such staple Commodities that they'l be a good Fund to redeem our Bills there being an allowance made for that Trouble and the House not being willing to oblige their con- stituants to do that which most think impossible For many of the Bills will be inevitably lost and some in the farthest Governments.
The Act for a Bounty on Hemp read a 3*^ time & past to be enacted & engrossed. Tlie Treasury Bill with the An- swers to the Council objections voted and sent up. The Bill for a Bounty on Hemp sent up.
A Mess* from his Excell^ pr Mr. Secretary that his Ex- cell^ required the attendance of the House in the Council Chamber. Mr. Speaker and the House went up accordingly. His Excell-' made a Speech, Mr. Speaker obtained a Coppy which is as follows — viz.
1735.] JOURXAL OF THE HOUSE. G97
Gentlemen ;
[p. 453.] This is now the 7"* sessions of a Gen' Assembly of this Province that I have attended in the course of near five years &; no supply has been made to the Treasury for the payment of the Publick Debts or for the support of the Governm*. How much the proceedings of this and former Assemblys may convince the King of your inclinations to do every thing in your power that shall tend to the hon'' of his Majesty and to the prosperity of his subjects whome you represent I submit with great duty and Deference to his Maj''^* wisdom.
Had you any concern for justice and righteousness instead of make- ing the trifling answer you have done to me on these heads you would have made ample provision for paying all the Debts of the Province ; w"' w' face can you hold up y'' heads before God & y* People while Poor men are hal'd to a goal from their wives and families for want of the money you unjustly withold from them & how much do you act up to the Hon'' of his Maj''*' & to the safety of his People while the only Fort you have lies in ruins naked of men, Powder and all other stores. Methinks Gen', you should be a Little Roused with the fears of an alarm to War when you consider in how defenceless a state you are by Sea & Land, nor is the only Prison in the Province in any better condi- tion to answer y*' Ends of Law & Justice.
I think it not worth while to say any thing more in answer to the mention you made of any former house of Kepresent** voting Sundry Sums of money into the Treasury than that I have never yet refused my assent to any vote of a House of Representatives that has been concurr'd in his Maj'"^^^ Council (excepting a Bill for Emitting £6000, and of which I declar'd to both Houses before their passing it that I could not consent to it as being inconsistant w* y" King's Instruction) but that upon obtaining his Maj'''^'* leave I would gladly do it. I am sorry you have given me occasion to mention againe the unwarrantable Practice of a set of Private p'sons striking and issuing of papers to pass or money. Instead of saying anything to justifie y"^ chimerical projec- tion I wish you had past a Law upon it in that wise and Laudible man"" the Massachusetts Bay have done. [p. 4.")4.] But since you have not I am obliged to let you and all the good People of this Province know how just my fears were when I issued the Proclamation you speak of. In that I have had several complaints made to me since my coming into this Province from some unwary People who have been ImposVl upon by these paper notes that some of the Principle founders or undertak- ers in the scheme have Refused to give credit to those their own notes by which they must become a dead loss in the hands of those who have parted with their substance for them and this doubtless must dis- cover to the world a notorious fraud (which I hope was not originally design'd) and I would further observe to you gen' on this affaire that I can't see why your House (or the p'sons concern'd) should take a miss that the Massachusetts assembly have not tho't with you in this new scheme, for if there be a real intrinsick value in the notes (as the un- dertakers ought to believe there is) the act of the Massachusetts can't take it away & then what they have done must be of service to this Province by confineing these notes to a currency or circulation here because I have had constant complaints from the People of this Prov- ince how they have been drain 'd from time to time of their Bills of credit from the currency they have had in the Mass".
698 PROVINCE OF NEW-HAMPSHIRE. [1735.
As I -would Gen* always be tender of the Priviledges of your House so I shall be carefull to maintaine his Majesties Prerogative in useing the Power he has delegated to me of adjourning proroguing & Disolving of General Assemblies.
And this I shall do from time to time as I shall judge may most of all conduce to the Kings Honour & Interest and to the good of the People. Nor do I see any great Inconveniency in the dissolution of an Assembly since there are but twelve Towns in the Province that send Representatives and of which the most Remote is not a days Journey from the place where you commonly sit and an Assembly according to the Law of the Province can always be conven'd in the space of fifteen days from the date of the King's Writ. But be this as it [p. 455] will as I have at no time invaded the Rights of your house I think it had well become you not to have mentioned any thing to me that car- ries the face of Bearing upon his Majesties Just Authority. The Assemblies of the Province have at one time & another sat neare Seventy weeks & the supply of the Treasury (an affaire of the first and highest nature) has been neglected & the time spent in matters of Little or no consequence & the good people you Represent loaded with a great charge to no purpose, and as to the assurance you made me at the opinions ? Q) of this Sessions of Industriously pursuing the Bus- iness then before you & of having nothing more at heart than his Maj- esties Hon'' and interest & the prosperity of the People you Represent. You having now sat the usual time of a Sessions of an Assembly and having done nothing more than passing a Bill for a Bounty on Hemp must convince the world that you have in your whole proceedings given proofs of a pretended Sincerity & that you have been Actuated & Deluded by such as have no regards to the Kings Hon'' & Interest who have it not in their Power and (if possible) less in their nature to do an act of Goodness or Respect to this People: But are playing mean Low games to accomplish (if they cou'd) their sinister views, while you therefore and the good People you represent suffer your- selves to be Imposed upon from time to time by the notorious falshoods such persons bruit about you cannot practice your duty to God to your King nor to your Country.
I have therefore on consideration of what is now laid before you directed the Secretary to dissolve this Assembly hopeing the Electors in the several Towns will for the future act with their eyes open and be no longer abus'd by designing men who have no complaints to make within the Rules of truth and justice and who have nothing at heart But to gratifie their 111 nature from a disapointment in their private views: I say when tbe People calmly consider these things I believe they will hereafter send such to Represent them as will [p. 456] hon- estly pursue the Real Happiness of this Province and People.
May 17"^ 1735. J. Belcher.
And then Mr. Secretary Declared the Assembly. Dissolved accordikgly.
(1) (Opening). Ed.
1735.]
JOURNAL OF THE HOUSE. 699
Letter from Wm. Parker, jun. Not. Pub. to Ricli'd Waldron, Esq. [Copied from MS. Corr. in Sec?'^ office, Vol. I, p. 80.]
Pox'tsm" N. riainp' Sir — Ilis Hoa'' the Lieut. Gov"" of the Province of New Hanip'' has sent me to you, as Sec^ of said Prov. with sundry papers, Letters & Copies of the Minutes of Council, which he says he had from you: — To desire you to stitch them together, & make a Certificate on the whole, that they are true Copies of the Minutes of Council, & the Original Letters which you wrote to the said Lieut. Gov"^ & affix the Seal of the said Province to the same.
Or, here are true Copies of all the said Papers made by me, as No^ Pub. and I am to desire you (w*^*^ I now do) in the name of the said Lieut. Gov'' (if you rather cliuse it) to compare the said Copies with the Original & Certify as Sec>' that they are true Copies & affix the Province Seal thereto. I crave yo'' Answer, & am
Sir, yo'' humble serv' Jan 16"> 173.5-6. Wm. Parker, jun.
To the Hon'ble Rich"! Waldron, Esq. Not. Pub.
700 PROVINCE OF NEW-HAMPSHIRE. [1736.
[p. 457.] Aprill 21, 1736.
A new assembly call'd. The persons Returned were C J. Rindge, Esq. For Portsmouth,-^ James Clarkson, Esq. ( Capt. George Walker. ( Paul Gerrish. Esq. Dover, < Paul Wentworth, Esq.
( Capt. Thomas Millet ( Mr. John Sanburn Hampton < Mr. Samuel Palmer
( Capt. Ich. Roby. -p , j Capt. Edw*^ Hall
Jixeter j ^^^^^ g^^^^i Gillman.
Kingston Capt. Eb'' Stephens.
New Castle, Joshua Pierce, Jun. Esq.
Rye, Capt. Richard Jennes
Newingtown Mr. George Walton
Londonderry Capt. Jas. Gregg.
Stretham Andrew Wiggin, Esq.
Durham Mr. Samuel Smith
Greenland Mr. Thos. Packer. C)
Mr. Secretary Waldron & Joshua Pierce, Esqs. came down and Qualified the members present by administering the Proper Oaths, &c.
Eod'" Die. A message pr Mr. Secretary Waldron that his Excellencie Directed the House to make choice of a Speaker.
By ballotting, Andrew Wiggin, Esq. was chosen Speaker.
A Mess^ sent to acquaint his Excellencie by Thomas Pack- er, James Clarkson Esq. & Capt. George Walker, that the House had made choice of Andrew Wiggin, Esq. for their Speaker. Then the House made [choice] of Mv. James Jef- fry for their Clerk & he was sworn accordingly. No other Mess'* nor Speech. The House adjourned to the 22*^ a. m.
[p. 458.] 1736 Aprill 22 a. m. The House met according to adjournm*. P'sent as Entred.
A Mess'' pr Jos. Sherburn and Theo. Atkinson Esqs. that his Excell"'* Desired the attendance of the House at the
(') A table denoting attendance of members, a part of the session, is omitted. Paul Gerrish Esq. is marked absent the first 15 days.
1736.] JOUENAL OF THE HOUSE. 701
Board. Mr. Speaker & the House went up. His Excell. made
a speech. Mr. Speaker prayed a copy of it and Return'^ (^)
Eod™ Die. In the House of Representatives
Voted — That John Rindge Esq. George \yalton & Capt Thomas Millet be a Comittee of this House to joyne with such as Hon'''® the Councill shall appoint to audit the Treas- urer's accts. k all other accounts that shall be Bro't into the Gen'. Assembly this sessions, and also to tell over all such money as is to be burnt this Sessions and to make Return to the gen' ass™.
James Jeffry CP ass™
Eod'" Die. Concurr'd above & Jo. Odiorn, Eph. Dennet and Joseph Sherburn appointed by the Board to joyne with the above Committee. Eod™ Die : In the house of Representatives
Voted That John Rindge Esq. James Clarkson, Esq, and Capt. Ichabod Roby be a Comittee of this House to answer his Excell-^' Speech and present it to the House for aprobation.
James Jeffry CV ass™ Then the House adjourned for two hours p. m.
Apr. 22'' 1736 p m The House met according to adjourn- ment.
A Petition of the West part of Londonderry pray a pre- cinct.
A Petition of Rob* Boyce in behalf of the Town of Lon- donderry to answer the above Pet" & voted they be heard Wedy next.
Then the Clerk was sworn.
In Councill Aprill 22-^ 1736
Upon reading tlic Petition of Geo. Duncan & others pray- ing for a second parrish in Londonderry & upon Reading the Petition of Robert Boyce in opposition thereto, [p. 459.] Voted That be a hearing on the said Pet" of the said Geo. Duncan & others on Tuesday next at ten of y'^ clock A. M. and that the said Rol^ert Boys & his adherents may be heard to offer their objections to said Duncan's Pet" at the said time.
R. "VValdron, Sec^.
Eod" Die. In the House &c. Both the above Petit"' Read and the above vote of Councill, to which vote the
Q) This Speech not found on record.
702 PROVINCE OF NEW-HAMPSHIRE. [1736.
House concuiT with this amendment, that the Hearing may- be on Wednesday next instead of Tuesday.
Jas Jeffry CV ass™ •
Eod" Die. A Mess* pr Mr. Secretary that the amendm* was concurr'd.
Eod™ Die. In the House &c. Voted That a Mess" be sent from the House to Mr. Treasurer Sherburn to ask him for the Bonds of the 1730 pounds.
The Treasurer came into the House, & Mr. Speaker askt him for the Bonds, he answered he had them and that he'd inform the Councill and give an answer to-morrow morn- ing.
Then the House adjourned to Apr. 23'^ a. m.
Fryday Apr. 23"^ 1736. The House met according to ad- journm^ P'sent as entred.
After several Debates the House adjourned to 2 hrs. p m.
Aprill 23 p M. The House met according to adjournment, Mr. Agent Thomlinson's Letters were read in the House and a vote past in the words following.
Whereas John Thomlinson of London in Great Brittaine, Esq. by sundry votes of former Houses of Representatives in this Province has been appointed their Agent from time to time to appear at the Court of Great Brittaine as the case required or before the Lords Comiss''^ for Trade and Planta- tions, or any other Court or Board in the affaire of the Di- viding Lines between this and the neigliboring Province or in any other affaire where the House of Representatives or the Prov. in general has been concerned :
And inasmuch as he has acted not only to the great satis- faction of former Houses, But alsoe of this House,
[p. 460.] Wherefore Voted, That the thanks of this House be given the said John Thomlinson for his good ser- vices done in the affair of the Province Lines & alsoe that this House desier him to continue in that station as their Agent, and prays his farther assistance in those affairs he has been negotiating in bchalfc of the Province Lines, and in all other affairs wherein this Province is or may be con- cerned : And that Andrew Wiggin and John Rindge Esqs. be a Committee of this House to write and advise him from time to time as occasion may serve or require in any affair
1736.] JOURNAL OP THE HOUSE. 703
■wherein the Province may be concerned, and that said Com- mittee lay all their Letters & Answers iDefore the House of Representatives from time to time as the Assembly shall sit April 23, 1736. Voted. James Jeffry Cler. Ass"^
The Inhabitants of the West End of Hampton was heard, the Selectmen of Hampton Falls being present, <fe voted there be a Comittee to view, <fec
Mr. Treasu^ Sherburn being ask* by the House for the Bonds of .£1730 w*^*^ was in his keeping to deliver them to the House, his answer was, that they were put into his hands by the vote of the upper house and he was directed not to deliver them.
After the reading the above Petition & John Header's Petition and votes entered on them the house adjourned to Sathurday, 24"' a. m.
[Then the Journal from which the two leaves are missing is con- tinued.] Far.,
Saturday Aprill 24''> A. D. 1736.
The House met according to adjournm^ P'sent as entred.
Mead" Peti" past upon & Liberty to Bring his Bill (i) In the House of Representatives
"Whereas tis suggested that the add' act about the £15000 Loan is defective in that part relating to the issuing Extents on the lands of those persons that has not paid in their money according to the former acts. Therefore Voted that Paul Wentworth Esq. and Mr. Thomas Packer be a Comit- tee of this House to joyne with such as shall be appointed above by the Hon**'* the Council to draw up a new act to enable the grand Comittee to get in the Remainder of the Money of that [p. 461] Loan that is outstanding by the next Sessions. Sent up.
A message to his Excell^ from the House, viz.
Mai/ it Please your Excellency,
The House being divided into Comittees for adjusting the affairs of the Province & to examine the Treasurers accts. waits only to know the true state of the Treasury, and as soon as we are possest thereof, the House have past to a Resolve to do nothing till provision is made therefor, and are met unanimously disposed & full of Resolution to do every thing in their Power for his Majesties Hon"' & the Propriety of his good subjects we Represent.
Then the House adjourn'd to Monday the 26*'' curr*. Q) See original record, p. 288. Ed.
704 PROVINCE OF NEW-HAMPSHIRE. [1736,
Monday Aprill 26"^ a. d. 1736. Some Debates in the House. Then the House adjourned to the 27*'^ curr*.
Tuesday Aprill 27"^ a. d. 1736. Mr. Treasurer Sherburn Bro't in Tax money for the year 1735 and burnt in the face of the Gen' Ass"\ £1000: as Trustee for Exchang- ing the old cyphered Bills & burnt £15:4: 1. We the subscribers be- ing appointed a Comittee for telling over and receiving the Tax Money to be Burnt & Cyphered money have received & Bro't in of Tax mon- ey £1000, & of Cyphered Money £15:4: 1, of Coll Sherburn as Trus-
Aprill 27"^ 1736.
Jo. Odiorn Geo. Walton ")
Eph Dennet J. Rindge ;- Committee.
Jos. Sherburn Thomas Millet. )
In the House, &c. the within Eeturn was read & accepted and voted that the Treasurer be discharged of the said sum as Treasurer and Trustee.
Then the House adjourned for two Hours p. m. Post Meridiem.
The House debated on the accounts of Theo. Atkinson, Esq. and voted that the House pass a vote to Indempnifie [p. 462] him in the sale of Hughes Estate on paying the Money he received and Ambler's money into the Treasury
Then the House adjourned to the 28^** curr'
Wednesday the 28*"^ Aprill a. d. 1736.
The Treasurer's accounts of April 27"' 1736, and May 12*'' 1735, was read and the auditors Return thereon, ct; voted the Return accepted & the accounts allowed. Post Meridiem
Capt. Harts Petition as Guardian to Almery's children was read & voted the prayer of the Petition be granted, he giving surety to the Judge of Probate to be accountable to the Minors & y* he has leave to bring in a Bill. Sent up. And the Treasurer's account sent up.
Londonderry Petitioners heard & voted as on the Petition and sent up.
Then the House adjourn'd to the 29"' curr*.
Thursday Aprill the 29"' A. D. 1736. Several Debates about the Treasury Bill & other things.
1730.] JOURNAL OF THE HOUSE. 705
P. Meridiem Meadcrs Bill read three times and past to be Enacted and sent up. Then the House adjourn'd to the 30''^ curr*.
Fryday, Aprill the 30*", A. D. 1736.
The Comittee appointed to write Mr. Agent Thomlinson laid their letters they sent and the letters they received from him before the House which were Read. Post ]\Ieridiem.
Whereas this House is informed by the Comittee appointed to write our agent in Great Brittainc, relating to the affaire of the lines by letters from him directed to said Comittee, which has been laid before the House : "Wherein we are informed that in X"' last his Majestic in Council was gra- tiously pleased to accept the Report made by the Lord's Comiss'* for Trade & Plantations, [p. 463] And that our Agent in a short time expected to obtain a Comiss" appoint- ing & authorising Comiss" to run and mark out the Bound- ary line between this his Maj"*^* Province and that of the Mass^ and inasmuch as this affaire will be attended with considerable charge and it will be necessary to have a Co- mittee to attend the said Comiss''^ in the said affaire, There- fore Voted, That Andrew Wiggin, Theodore Atkinson and John Rindge, Esqs. be a Comittee for this House to joyne with such as the Hon''^* the Board shall appoint, to waite upon said Comiss''* and attend them in that affaire, and that the Treasurer supply the said Comittee with such money as shall be necessary for that service & tliat the said Comittee Render an account to the Gen^ Assembly of the money so deliver' d them by the Treasurer how Expended for their allowance. Sent up.
A Bill for supply of the Treasury (in the form of that last year) with advance charge & for the Comiss''^ if they come, & the Comittee to wait on them £250. Read three times <fe past to be Enacted & Engrossed & sent up.
Then the House adjourned to May the first, 1736.
Saturday May the 1^' A. D. 1736. A Mess'' came from the Board with the Treasury Bill, viz. That the Council could no wayes concurr with the Bill un- till £300 advance sallarywas incerted according to a former vote.
45
706 PROVINCE OF NEW-HAMPSHIRE. [1736.
The House having considered the Mess'"^ that came down with the Treasury Bill, which only refer'd to the first article of paym* of his Excellencies advance Sallary, the House sent a Mess^ to know if ther's any more objections and to have them all at once for redeeming of time, that they may be all argued and concluded upon without going up and down on every article.
[p. 46-i.] A Mess^ from the Council with the Treasury Bill with some written proposals for amendment as follows :
Council's Proposals lor amendment on the Treasury Bill. 1.) In the first line there is an (i) wanting at the end of the King's name.
2.) The word (therefore) in the 5*'^ line to be blotted out.
3.) Instead of | part on the Small Plate and the other ^ on the large Plate, it be said the one halfe on a Small Plate, & the other halfe on a large one ; & that the denominations on the small Plate be 2s, 4s, 6s, 8s, & on the Great Plate £1 : 1.5, £2 : 5, £3 : 17, £2 : 3. _
4.) That tliere be £300 added, in the article of Provision for his Excell>' sallary to make it agreeable to the order of the Gen'. Coui't, as heretofore settled.
5.) That at the article (A) it be altered & that it be said, to be paid Andrew Wiggin & John Kindge Esqs. to be used by them towards setthug the Province lines & they to be accountable to the Gen'. As- sembly for the same.
6.) That the allowance to the Council be 10s per day.
7.) As to the article of £50 for repairing the Prison, the Council propose the Building a new one, & that Provision be made for the same, & that there be no further Repairs of the old one than are abso- lutely necessary to hold the Prisoners till the new one shall be Built.
The House adjourn'd to May the 3** curr't.
Monday, May the S'l A. D. 1736.
The House debated on the Treasury Bill, and for answers to the Councils Proposals for amendm^ thereon. Then the House adjourn'd to May the 4*^ Curr'
Tuesday May the 4'^ A. D. 1736.
The answers to the Councils Proposals made and read
as follows, viz. [p. 465.]
1^'.) That the (i) be added.
2'^.) That the word (therefore) be put out, or left in. 3''.) The House agrees to it.
4"i.) Let this lye for consideration for the last article of the Bill. 5*.) That it be said, to and for paym' of the charges John Thomlin- son, Esq. has been at in carrying on the aflaire of the Lines at the
1736.] JOURNAL OF THE HOUSE. 707
Board of Trade and before his Majesty in Council to be paid Andrew Wig:gin, Esq. & John Kindge Esq. for that end.
6''''.) Let this lye for consideration.
7*.) Let this lye to be considered of until we know how the Province Lines will be settled and then we hope we shall be more able to do it.
Post Meridiem The above answers voted to be sent up. The answer to his Excell-' Speech Read & accepted and is as follows, viz.
Maij it please your Excellency —
We the Representatives of his Mnj''*^^ Province of New Hampshire now met in Gen' Assembly having received your Excelly^ Speecli wherein you onlj^ in a few words refer us to what you have once & againe mentioned to other Houses assure you that we shall take all these things into our consideration & whilst we looke back upon what has been laid before former Assembly's we cannot forbeare taking no- tice of what you was pleas'd to offer at the Diss?olution of the last, to which we had most of us the Hon"" to belong, as in that Speech of your Excelly^ a very heavy charge was drawn up against us, which we thiilk ourselves innocent of, were we wholly silent we might well be tho't destitute of the first Principles of Nature, and be guilty of such a neglect of ourselves as would be culpable in [p. 466] the sight of God and man.
One thing your Excell>' there accuses us of, is the being void of justice and Righteousness, and having no concern at all for it, an odious im- putation we confess, and what we trust we shall always abhor. But how we can be tho't to ftiU under it is very surprising to us, when to say nothing of what was done by former Assembly's (which we think if set in a true light wou'd be sufficient for their defence) We then voted an ample supply of the Treasury & made provision for the pay- ment of all the just debts of the Province within our knowledge. In- deed it was delayed for some time, But for no other reason but for feare of laying oppressive Burdens upon the People, and in hopes of being relieved from the limitation we were lender by the Royal Instruc- tion to your Ivxcell-^ as to the time of paying in our Publick Bills, and that y'' Period fixed to that purpose might be prolonged. But being disippointed in our Expectations, We at last broke through all diffi- culties to comply with your Excell^ in making provision for the supply of tlie Treasury, in which supply Bill there was a small matter voted, viz. £300 of this currency to a Gen* we had made use of at home as an agent in settling the Boundaryes between this and the neighboring governm'. Your Excell-^' very well knows that we have always looked npon this as a thing of considerable consequence to us. And that we have tho't ourselves great sufferers by its being so long delayed, and your Excelly may remember that we have done every thing in our Power to have that Business accomplished among ourselves. And when dispairing of having that affaire determined any other way we applyed to his Maj""^ in order to do it, and Imployed a Gen' to assist us in the Business, of whose inclinations & capacity to serve us we are verry well assured, and who has accordingly been at considerable cost and paines in [p. 467] order to do it, & we have reason to think
708 PROVINCE OF NEW-HAMPSHIRE. [1736.
has brought the matter to a Conclusion. AVe cannot but look upon this charge he has been at among the Publick Debts that ought to be defrayed. And if your Excell^ and his Maj"™ Council Rather than consent to the paym' of this, will not allow the other Debts to be dis- charged, we cannot think it possible for us for the future to heare you Expressing any pitty for those that are sufferers for want of what is due to them from the Publick. As to your Excell^^ solemn expostula- tion how we shall be able to hold up our heads before God and the people, we shall only say, that as to the People, we shall always be able to hold up our heads before them, as long as we never betray their Trust, and very well know that it's the opinion of the generality of them, as well as of our own that we are pursuing their true Inter- ests. And as to your Excelly'* knowing how we shall hold up our heads before God, we must pray your ExcelP' to waite till that time, Avhen you and we shall appear before him without distinction, and when our talking never so much of God and religion without sonie.- thing answerable to it will turn to no account to us.
To pass by a great many Reflections which we think undeservedly cast upon us in the Body of that Speech, your Excelly is pleased to close it with a Charge of being actuated and deluded by those that ^re playing mean and low Games & have it not in their Power (and if possible) less in their nature to do an Act of Goodness & Respect to this People.
To which we say, that in what we have done, we have pursued our own sentiments; that we know of none that have sought to mislead us. That had any attempted it. It would have been to no purpose. That whoever your Excell>' may aime at we think it pitty but that so severe an aspersion upon them and us had been spared. Did your Ex- cellency receive no more influence and impression from such as you describe (than those against whome [p. 408] you Lay so heavy a charge) we doubt not but that there might have been a better agreem' between your Excolly & his Maj''<^* good subjects of this Province, who have always been Remarkable for paying a due deference to their Re- spective Governors, and for doing every thing they could reasonably expect or desier of them. And now whatever may be insinuated to our disadvantage, and after all the prejudices that may have been con- ceived against us, we assure your ExcelP' we are come together with a disposition to do every thing (if any remains that have not been done by former Assemblys that was in their power to do) for the Hon"" of his Maj^''^ and for the true Interest of the People we Represent.
That we no sooner made a reply to what was laid before us at the opening of the Sessions was because the House was divided into Co- mittees and had passed into a Resolve agreeable to a Mess* sent uj) to your ExceRy the 24"^ Aprill last, they would do nothing till they had made provision for the supply of the Treasury.
Andrew "Wiggin, Speak'
May the 4*'' Read and voted to be sent up with the Treas- ury Bill. Then the House adjourned to the 5*^ curr*.
1736.] JOURNAL OF THE HOUSE. 709
Wednesday, May S*** A. D. 1736.
A Mess** from his Excell-^ pr j\[r. Secretary, viz. That by his ExcelP'* order the assembly was adjourned to Saturday next.
Saturday, May the 8'" A. D. 1736.
Province of New hampshire : In the House of Repre- sentatives :
AVhercas tlie House of Representatives for this Province hath from time to time for sundry years past, authorized and imployed John Thomlinson Esq. as their agent at the Court of Great Brittaine, to soUicit and use his utmost En- deavor to oI)taine a scttlem' of the Boundary Lines Between this His Majest'*"^ Province, and the Province of the Mass* Bay, which we are [p. 469] informed he is in a fair way to effect, and inasmuch as tlie said Ass™ could never obtaine a concurrence at the Council Board on any of their votes, for raising or paying any small sum of money towards the de- fraying the charge the said Thomlinson has been at in that affaire, and to enable him to proceed further therein. By reason as we conceive of the great and undue influence his Excellency hath over a Majority of the Council, most of whom have been Imployed & put into posts of Profit & Hon"^ by his Excellency ; Wherefore, voted the same to be a griev- ance, and that Andrew Wiggin, John Rindge, James Clark- son & Ebenezer Stephens, Esqs. Capt. Edward Hall, Capt. Ichabod Roby & Mr. Samuel Smith, be a Comittee of this House in the Recess of the Assembly, and in case there be a Dissolution, j:o address his Majestic in this and such other affairs as may be necessary, to set the state of the Province in a true light before his Maj*'*^ and that they transmit also all such votes and Papers of this House as they think neces- sary to the Right Hon'''^ the Lords Comiss"'" for Trade and plantations, humbly praying their good offices in Redressing the grievances That his Maj^'" Goverm' labors under.
May 8^'' 1736. Past in the House unanimously.
AMess^ from the Council pr Mr. Secretary, viz. That the Council was doing something on the Treasury Bill and prayed the House to wait a little.
A Mess-'' from the Council, viz. In Council May 8"' 1736.
The Supply Bill hereunto annexed being sundry times
710 PROVINCE OF NEW-HAMrSHIRE. [1736.
deliberately read at the Board, the Council concur therewith with the following amendments, viz.
1) That the word (therefore) in the 5*'' line be obliterated.
2"^ That there be an addition of £300 to the articles of Provision for the Govern''^ Sallary, to be paid him the 25"' of August next, when it shall become due according to Act of this Court.
[p. 470.] 3<^ That there be an amendm* of the Bill at Arti- cle (A) as follows, viz. to be paid Jotham Odiorn & Ephraim Dennit, Esqs. & Andrew Wiggin & John Rindge Esqs as a Comittee of this Court to be imployed by them for and towards the carrying on the affaire of the Lines, they render- ing an account thereof to the Gen^ Court.
Memo. There was Bro't in and Burnt by Coll. Henry Sherburn as Trustee for exchanging the old Cyphered Bills, the sume of <£20 : 5 : 9.
A Mess'' from the Board to know if the House would pass upon the Treasury Bill. The House debated on the Mess* and sent up a Mess^ that the House desier'd to consider thereof till Monday.
A Mess* from his Excell^ viz. That his Excelly desiered the House to meet on Monday early for that he intended for his other Goverment.
Then the House adjourned to May 10*^ 1736.
Monday, May 10^'^ A. D. 1736. The Council's amendments Read : The House voted they adhered to their Bill, and sent it up againe. Then the House adjourn'd to the ll^*" curr*.
Tuesday, May 11^^ A. D. 1736. No Council being satt in the Council Chamber, at 5 o'clock p. M.
The House adjourn'd to the 12"' curr*.
Wednesday, May 12^^ A. D. 1736. Mr. Secretary & Joshua Pierce Esqs came down, Mr. Secretary said he had a Mess^ from the Council which he read as follows, viz.
1736.] JOURNAL OF THE HOUSE. 711
GenH of the House of Representatives
"We could hardly think it consistent with [p. 471] the Trust reposed in us by his Majesty to joyn with you in any acts of Goverm' after your unparaleled and unpresidented answer (so full of first Principles of Nature and void of those of Grace) to his Excellency^ Speech had been read at the Board. But breaking through the difficulty we have tho't proper to make some concessions, which we trust wdl evince to the world, to whom the odious imputation of Injustice and unright- eousness (which you say you abhor) does belong. Had the guilt as well as the imputation been abhorr'd. It is likely our Public affairs had not been in their present unhappy situation. There has been no supply in the Treasury for five years past, and as there is now due from the Province between four and five thousand pounds by your own computation & settlem' and no Provision made for the pajm' Now where the fault lies is the Question and that must be on you or us. His Excellency having nothing to do with the affaire till the two Houses are agreed. For the three first years of the five, the cry of the Representatives was the Extreme Poverty of the People, tlieir disability to pay their debts (when the sum amounted not to a thous- and pounds) and the inhumanity of filling the goal with poor prisoneis, these were the compassionate groans of former Assemblys (to which some if not the most of you had the Hon'' to belong) and thus were the honest Creditors sigh'd & sob'd out of their just dues for some years. When these melancholy storys of Poverty and prisons were worn thredbare 'twas then Briskly reported that there was advice from Whitehall that the next ship would certainly bring an order for Emitting £40,000 & Extending the funds beyond 1742, & the next Post, and then the next Carrier would certainly bring it, & the appli- cation of this piece of Whitehall intelligence was, what pitty it would be to Tax the People or to make a new Emission to be repay'd within the year 1742, when so fine an order was so near at hand. But tho' the said next ships long since arriv'd and the [r. 472] said next Post and next Carrier long since came to Town, it seems the order is yet behind, agreeable to which are your own words (speaking of the sup- ply of the Treasury) viz. "Indeed it was delay'd for some time but " for no other reason but for feare of laying ojipressive burdens upon "the people and in hopes of being relieved from the limitation we " were under by the Royal Instruction to your Excell^, as to the time " of paying our Publick Debts, and that the period fixed to that pur- " pose might be prolonged," and then you go on ingeniously to own what is the cause there is no Provision fur t\^ payment of the debts, for speaking of the Treasury Bill you say "In which supply Bill was a small matter voted £300 of this Currency to a Gen' we perceive has not been well accepted." Now after the solemn crys of Poverty, Prison & oppressive burthens for you to endeavour to enhance those oppressive burthens, & subject your principles to a greater danger of the Goal than when Prison was the cry, and at the same time to boast of not betraying the Peoples trust is to us irreconcileable.
You have observed Right that the Gen' to whom you have voted £300 is not well accepted (& well you might perceive it) who has lately signed a Petition to his Maj'^'^^in behalf of a person here Pro- posing to have this Province under a separate Goverm' from that of
712 PROVINCE OF NEW-HAMPSHIRE. [1736.
the Massachusetts, which we Esteem a most pernicious Essay tending to the Ruine and destruction of the Province, and moreover in the said Petition ai-e suggested sundry things, which we know are not true, and besides the attempt made by that Gen' against the interest of this Province, in the aforementioned Petition, we have great Reason to believe he has been busy too in getting one of our Laws repealed, Either of which we think sufficient Effectually to disqualifie him from being an agent for this Province and consequently Irom having any Remittance from us. Besides all this [p. 473] in the yeare 1731, the then House of Representatives (to which some if not most of you had the honor to belong) Desierd the Council to joyne with them in Chus- ing an agent to get the Line settled, and for the Council's Encourage- ment therein Represented to the Board that there were a certain num- ber of Gen' who would subscribe considerable sums out of their own private purses for carrying on the affaire, upon which the Council made a Message to the House in the following words : " The Council desier to be informed who the Persons are that are so bountifully dis- pos'd, what sums they will advance, and when it will be paid, and whether the House has yet gotten any security for the same." To which the House reply'd: "In case the Council should see meet to Joyne with the House in those affairs, we should readily convince them that we had the offer of a private subscription to the value of two or three hundred pounds sterling, from the members of this House from whorae this House desires no other security than their own Bill payable to some suitable person in Great Brittaine." How then can you Insist upon the security of an act now, for money to carry on that affaire so contrary to the declaration of that House : and besides has'nt the undertaker in that afiaire solemnly declared in the House of Representatives once and againe that he would demand nothing of the Province towards the settlem' of the Lines till the business should be accomplished & that then he would rely on the generosity of the Province ; why will you then burthen the Poore People with sums that are neither due nor so much as askt for, & why won't you let the generous Gen' that subscribed to carry on that afiaire have the honor of accomplishing it at their own cost, and if they should desier a Re- imbursm', let the Gen' Court take it under consideration when the work is done. [p. 474.] However, notwithstanding all these things, We have consented to the Treasury Bill with an amendm', by which you might have had the sum you desier'd & disposed of it as you should see meet, tho' we could not joyne with you to own an agent when we had none.
May 12"' 1736. Voted in Council & ordered to be sent to the House of Representatives.
Eicli'' Waldron, Secy.
Then IVIr. Secretary Eead a Mess^ from his ExcelP' in the words following. Gentlemen of the Houfie of Representatives —
Your indecent answer to what I said at the opening of this Sessions is such an Insult on the King in the Person of his Governor, whom he is Pleased to call the Representative of his Royal Person, and your unreasonable Refusal to supply the Treasury (notwithstanding the con-
1736.] JOURNAL OF THE HOUSE. 713
cessions made of bis Maj''<=^ Council) make it inconsistent with his Majes- ties Honour as well as with the Interest and safety of his People of this Province, that I suffer you to stand any longer as members of a generall assembly.
I have therefore ordered the Secretary to declare my Pleasure to you that this Assembly be Dissolved. J. Belcher.
May 12*'^ 173G. Then Mr. Secretary according to his Excellency's order and Pleasure,
Declared the Assembly to he Dissolved.
Burning of the Secretary's Office-1736. [Copied from Coll. N. H. Hist. Soc, Vol. V., p. 22.]
Letter from Hon. Richard Waldron, Secretarij of the Province of New Hampshire, to Governor Jonathan Belcher, at Boston.
Portsmouth, May 21, 17oG. May it please your Excellency.
I am obliged to beg pen, ink and paper to tell your Excellency I re- ceived your favor by the Post, and how heavey the hand of heaven lyes upon me. A Tuesday between 8 and 9 o'clock in the morn, a spark of fire from my kitchen chimney (as I suppose) kindled a flame in the roof of my house, which in forty minutes laid it in ashes (the wind being very high. I esteem the burning of my cottage no great loss ; but what was consumed within it makes a deep hole in my little fortune, which I never expect to see mended. All my clothes and lin- en, with my wife's geer and appurtenances, are laid in the dust. We had only time and presence of mind enough to save our lumbering stuff, such as tables and chairs. We are almost reduced to the same degree of i^kedness as when we came into the world ; and to aggravate my sorrows, my poor wife is almost inconsolable. But 1 desire forever to remember with great thankfulness the mercy I have experienced in the visitation — namely, that no life Avas lost, and that my flight was not in the night. I hope the Infinite God intends me good from the repeated strokes of his irresistible arm, and that they will be productive of the peaceable fruits of righteousness.
Most of my hooks and papers are lost, and lohat of the public records and files are saved, I cannot say as yet, hut believe hardly any of them, I had hecjun to copy for Whitehall, hut copies and originals are both con- sumed.
[From the Boston Weekly News-Letter, No. 1G83, I\Iay 20"' to May
27, 1736.]
Portsmouth, May 21, 1736. Last Wednesday morning, about 8 o'clock, a violent fire broke out at the top of the roof of the Hon. Sec'y Waldron's dwelling-house, sit- uated on the plain, within a mile of this town. The wind being high,
714 PROVINCE OF NEW-HAMPSHIRE. [1736.
and but little help near at hand, 'twas consumed to ashes in three quar- ters of an hour. 'Tis judged the cause was from a spark falling out of a lintan chimuey (which was lower than the house) among the shingles, and kindled. The fire was so furious and quick that nothing could be saved out of the upper rooms. The whole family (through mercy) was saved. The flames consumed all their aj^parel, &c. excepting what's on their backs. Seven feather beds were saved, with most of the books, papers and plate. ' '
1737.]
JOURNAL OF THE HOUSE.
715
[p. 475.] Anno Regni Regis Georgii Secundi Magnce Brit- tanniffi, Frauciae et llibeniiaj &c. Dccimo.
A Journal of the House of Representatives of his Majes- ties Province of New Hampshire in New England, began and held at Portsmouth in said Province, March the S**" Anno Dom' 1736-7.
The Persons return'd according to the Kings Writ to serve in General Assembly, for the several ToA\ais are as followeth, viz.
( John Rindge, Esq. For Portsmouth < James Clarkson, Esq. ( Capt. George Walker. Paul Gerrish, Esq. Paul Wentworth, Esq. Capt. Thomas Millet Natlmicl Wcarc, Esq. Capt. John Smith Mr. Samuel Palmer Capt. Peter Gilman ^ Mr. Nathaniel Gillman Kingston Mr. Tristram Sandburn
New Castle Mr. Jotham Odiorn Rye Capt. Richard Jennes
Newington Mr. George Walton Londonderry Mr. Robert Boyce Stretham Andrew Wiggin, Esq.
Durham Mr. Samuel Smith
Greenland Mr. Thomas Packer.
The Hon"^ Joshua Pierce, Esq. and Mr. Secretary [p.476] came from the Board and acquainted the House that they were authorized by his Excellency to administer the oaths, &c. to the members return'd, pursuant to an act of Parlia- ment ; which being done they withdrew.
A Mess^ from his EscelP pr Mr. Secretary viz. That he was ordered by his Excellency to adjourn the Assembly till tomorrow 10 of the Clock before noon, <fc then Declared the Assembly adjourned accordingly.
Dover
Hampton
Exeter
716 PROVINCE OF NEW-HAMPSHIRE. [1737.
Wednesday March the 9^^ A. D. 1736-7.
A Message from his Excell^ pr Mr. Secretary xh. That by him his Exccll^' Directed the House to make choice of a Speaker & present him to day.
The house proceeded to the choice of a Speaker.
Andrew Wiggin, Esq. was chosen Speaker.
A Mess^ sent from the House to his Excell^ to acquaint him the House had made clioice of their Speaker, and that Andrew Wiggin, Esq. was chosen.
Then the House made choice of James Jeffry for their Clerk & he was sworn accordingly.
A Mess^ from his Excellency, viz. That he Required the attendance of Mr. Speaker and the House in the Council Chamber. Mr. Speaker & the House went up accordingly.
His Excell^ made a Speech. Mr. Speaker obtained a Coppy & then with the House Return'd.
His Excell^* Speech was read in the House and is as fol- io weth, viz :
Gentlemen of the Council §' House of Representatives
My duty to the King and the just regard I have to his good subjects of this Province, have Bro't me hither in this difficult season to meet you in Gen' Assmbly. You are not ignorant that [it] is now more than six years since there has been any supply of money to the Treasury, [p. 477] which is a great severity on all those that have any just de- mands upon the Province.
This matter therefore most reasonably demands your first and Prin- ciple care. On my part I shall be ready to fall in with every thing you may lay before me for the Publick welfare, and I wish Gen' there may be no contentions this Sessions among the several Branches of the Legislature, unless it be, which part shall most of all promote the Hon'' of his Maj"''^ Goverment, and the best Prosperity of his People under their care.
Portsmouth, March the 9"* 1736-7 J. Belcher.
Post Meridiem
Voted That Nathaniel Weare, James Clarkson and Paul Gerrish Esq. be a Committee of this House to draw up an answer to his Excell^'® Speech & present it to the House for approbation, in as little time as conveniently may be.
Voted, That Capt. Thomas Millet, Mr. George Walton & John Rindge, Esq. be a Comittee of this House to Joyne with such as the Hon'''*' the Council shall appoint to audit all accounts Relating to the Province, and also to tell over all such money as is to be Burnt this Sessions, and that they make their Return to the Gen' Assembly as soon as they can.
1737.] JOURNAL OF THE HOUSE. 717
A Petition of Londonderry Praying a Precept might be sent for an Assembly man, was read, and granted, and or- dered a precept be sent and to be lleturn'd Monday next.
The House Debated about a vote for £300 to Exchange the old money. Then the House adjourn'd-to the 10"' Curr*.
Thursday March lO''' A. D. 1736-7. The Committee for answering his Excelly^ Sj^eech Bro't in their Dra* which was Read as follows viz.
May it please your Excellency
[p. 478.] We return our hearty thanks to your Excell^ for the Re- gard you are Pleased to express for his Maj'"^^ good subjects in this Province, & as we are very well assured we live under the best of Kiuo-s who delights in nothing more than in the Prosperity of his subjects.
We assure your Excellency, that we have nothing more at heart than to do every thing that in us lyes to promote his Maj"*^^ Hon'' and the good of the People we Represent. To this End as soone as we can know the state of the Treasury and to what the Debts of the Province amounts we shall take care to make Provision for paym' of the same, & do what we can considering the present situation of the affairs of this Province, y' none that have any just demands upon it may have cause to complain of any severity w"^'! may be possible for us to pre- vent: And for this Branch of the Legislature it is our unfeigned pur- pose & Resolution to move nothing that may justly cause any contro- versy nor to leave anything undone that falls under our care that may conduce to our Peace and Prosperity.
March 10"^, 1736-[7] Andrew Wiggin, Speak'
Voted, accepted and sent np.
A Mess* from the Board that the vote appointing a Co- mittee of audit &c. was concurr'd, and that Geo. Jaffry, Eph. Dennet & Elis Huske was appointed at the Board to joyne the Comittee of the House.
Then the House adjourn'd to the 11"' curr*.
Fryday March 11*" A. D. 1736-7. Whereas there is in the hands of several p'sons the sume of X1730 due to the Province of New Hampshire by their several Bonds (which Bonds are lodged in the Treasurer's hands) and all the Interest on said Bonds (except Col. George Vaughan's) is paid to the 25*'' of Ap^ 1729, from [p. 479] which time to the 25*'' of April 1737, being eight years the Interest then due on the said bonds (excepting
718 PROVINCE OF NEW-HAMPSHIRE. [1737.
said Vaughan's) will amount to the sume of £306, & the Interest on said Vaughans bond being to the 15 June 1737, is X102 : 10, And Whereas the said Bonds are made pay- able to the Speaker of the House of Representatives for the Province of New Hampshire for the time being, for the use of said Province, and since those p'sons that have had that money are so Backward in paying Either Principle or Inter- est, Wherefore Voted, That all those p'sons that has had that money do forthwith pay in the Principle and Interest to the Treasurer of the Province of New Hampshire for the time being, and all such p'sons as refuse paym*^ by the 15^*^ of July next, Tliat such p'sons Bond be put in suite against them, by the Treasurer of the Province for the time being, and that a special act be drawn up to Impower such Treas- urer to sue for and recover the same, & when recovered the Principle to be Brought into the Gen^ Assembly at their next sitting and Burnt, and that the Interest lye in the Treasury for the use of the Province as the Gen^ Assembly shall order. Post Meridiem
Tlie Comittee for telling over the Money to be Burnt bro't in Tax money for the year 1736, £928 : 19 : 6. Tax money for the yeare 1735, £34 : 15 : 2. from Mr. Treasurer Sher- burn and from Theo. Atkinson, Esq. of old Cypher'd Bills £30 : 10. ' Then the House adjourn'd to the 12"* curr*.
Saturday March the 12*^ A. D. 1736-7.
Capt. Harts former Petition & votes thereon Pcad, & vot- ed the Prayer of the Petition be granted & he has leave to Bring in a Billl.
Then the House adjourned to the 14^^ curr'.
[p. 480.] Monday March the 14*^ A. D. 1736-
Voted That Nath^ Weare Esq. and Capt. Peter Gilman be a Comittee of this House to joyne with such as the Hon'''® the Council shall appoint to view the Prison & see what repairs is now needfull to make it good for 6 or 7 years & to make their Return as soone as possible, what sum may be neces- sary to do the same.
1737.] JOURNAL OF THE HOUSE. 719
A Mess^* from the Board the above vote concurred & that Jos. Sherburne & Theo. Atkinson appoint*^ above.
Voted — That Paul Gerrish & Paul Wentworth, Esqs. be a comittee of this House to joyne with such as the Hon^'° Council shall appoint to go down to Fort Wm & Mary and view what is of necessity to be done for the Repairs thereof and make their Return of Particulars as soon as possible, and what sum may be necessary to do the same.
A Mess-'' from the Board the above concurr'd & that Geo. Jaffrey & Shad^ Walton appointed above.
Then the House adjourned to the 15*'* curr*.
Tuesday March IS*'' A. D. 1736- The Treasurer's accounts accepted and past.
Post Meridiem. Voted — That Joshua Pierce Esq. be Recorder of Deeds for this Province of New Hampshire for the yeare Ensuing, and untill the End of the next Sessions of Gen'^ Assembly after the yeare is up; and that he be paid for Recording Every deed, by the p'son that brings it, two shillings & six pence, k for liis attestation thereon six pence, and the like for givr ing out copys and and no more.
Then the House adjourned to the 16*'' curr*.
Wednesday March the 16*" A. D. 1736- Mr. Rindge Bro't into the House as a Comittee about the iigency of the Lines, the Report [p. 481] from the Comittee of Council to the Board of Trade, Mr. Thomlinson's Letter of Q"" last, Mr. Thomlinson's Petition to the Lords of Trade and Plantations, & the case before his Maj*'*^ in Council : all Lodged with the Clerk of the House.
W^hereas John Thomlinson of London in Great Brittain, Esq. by sundry votes of this House from time to time has been appointed agent for this House & for the Province of New Hampshire, to appeare as the case may Require at the Court of Great Brittain or before the Lords Comiss" for Trade & Plantations, or any other Courts or Boards where any matter concerning the House of Representatives or the Province in Gen" may have any thing debated, who has hitherto done to the great satisfaction of this House, There-
720 PROVINCE OP NEW-HAMPSHIRE. [1737.
fore voted, That the thanks of this House be given the said John Thomlinson for his good services done in the affairs of the Province and also that the House still desires him to con- tinue in that station as their agent and prayes his further assistance in those affairs he has been negotiating in behalf of the Province, and in all other affairs wherein the Prov- ince in Gen", or the House of Kepresentatives is or may any ways be concern'd ; and that Andrew Wiggin & John Rindge, Esqs. be a Comittee of this House to write and ad- vise him from time to time as occasion may serve or Require.
James Jeffrey Cle"^ ass°*
Voted — That Theodore Atkinson be allowed and paid 2^ pr ct. for all the Province money that he now brings into the assembly for the paym' of money he had to Exchange the old cyphered Bills.
Post Meridiem
The question was put for 500 £ to be put into the Treas- ury Bill for the agent on the affaire of the Lines. It past in the affirmative, 10 yeas, 6 Nayes, & one for 300X [p. 482] and one for £400 ; to be put into the hands of Trustees till the accounts come.
Then the House adjourned to the 17^'' curr*.
Thursday March 17*^ A. J). 1736- The Treasury Bill brot in and read the first time.
Post Meridiem. The Treasury Bill read a second time. Then same read a third time & past to be Enacted and Engrost & Sent up. Then the House adjournal to the 18*'' curr*.
Fryday March the IS''^ A. D. 1736- Voted That there be a Tax of 600 £ laid on the Poles & Es- tates of the Inhal)itants of this Province for the yeare 1737: to be paid into the Treasury by the last day of December next, in tiiis Province Bills of Credit, & that the Treasurer issue out his Warrants accordingly agreeable to the last Proportion the same to be drawn out of the Treasury as the gen' Assembly shall order, and that Nathan' Weare & Paul Wentworth, Esqs. be a Comittee of this House to joyne with such as the Hon"''^ the Council shall appoint, to draw up an act accordingly.
1737.] JOURNAL OF THE HOUSE. 721
A Mess'' from his Excell^ pr Joshua Pierce & Theodore Atkinson, Esqs, viz. That his Excell^' had received from Great Brittain a coppy of an order of the Lords of his Maj*'" Most Hon""^ Privy Council dated February the 9"^ 1786, approving of tlie Report from the Right Hon*^'® the Lords of the comittee of Council for Plantation affairs, which Report Boare date the 4*'' of February, ordering his Maj"''* Attor- ney & Sollicitor Gen^ to prepare and lay before his Maj^'® at that Board, the Dra' of a Comiss" to be past under the Great Scale, agreeable to what was therein proposed, as in a Com- iss" of that [p. 483] Nature and with directions to the Lords Comiss'^* for Trade and Plantations to write Circular letters to the Respective Governors: all which said orders was read in the House.
The vote for the six hundred Pounds Tax was sent up, and three of the members of the House was sent with a Message to his Excell^, viz. That the House return'd his ExcelP' their hearty thanks for comunicating the coppy of the Report from the Right Hon'''** the Lords comittee of Council for Plantation affairs. Dated February 4"^ about ap- pointing Comis''* and making out a Commission for marking out the Boundary Lines, &c. which was read in the House.
Then the House adjourned to the 19"' curr*.
Saturday March 19*'' A. D. 1736— A Mess^ sent by the House to know if the Board had
any thing to offer. A Mess* from the Board that his Excell-^'
had nothing to send to day : Nor the Board. Then the House adjourn'd to 21^*^ curr*
Monday March 21, A. D. 1736— Whereas there is the sum of thirty seven pounds seven- teen shillings due to the Province from Joseph Mead & his brother John Meade & ought to be in the hands of the Treas- urer for the Province of New hampshire for the time being, he is hereby ordered and Directed to Demand and receive what is due on the Bond of the said Meads, and upon Re- fusal of paym*^, to use all LawfuU wayes and means for recovering the Same, and when received to lye in the Treas- ury for the use of the Province as the Gen'^ Assembly shall 46
722 PROVINCE OF NEW-HAMPSHIRE. [1737.
order. There being no Mess^ nor anything from the Board, The House adjourn'd to the 22** curr*.
Tuesday March the 22^ A. D. 1736— A Mess' from the Board with the Treasury Bill for some small Amendments & that George JafFrey & Theodore At- kinson [p. 484] Esqs. might be added from the Board to the Comittee of the House for receiving the money for the Agent.
Post Meridiem
The House Debated on the last Message. Then adjourned to the 23* curr^
Wednesday March 23*^ A. D. 1736—
The amendments and additions to the Treasury Bill made, Read & past & sent up.
The Treasury Bill as past is as followeth, viz.
Anno Regni Regis Georgii Secundi Decimo.
An Act for the supply of the Treasury with the sum of six thousand five hundred pounds in Bills of Credit, for the discharge of the Publick debts of this Province and for other purposes in this Act hereafter mentioned.
Be it Enacted By his Excellency the Governour, Council & House of Representatives conven'd in Gen' Ass™ and by the authority of the same that there be forthwith impressed in Bills of Credit of this Prov- ince the sum of six thousand five hundred pounds, the one halfe thereof on a small plate, & the other halfe on a large Plate & that such part thereof as the Gen' Ass"* shall order be sign'd off by a Comitte to be appointed by the Gen' Assembly; and by them delivered the Treasurer (taking his receipt for the same) to be for such paym'' and allowances as hereafter in this Act is expressed, and for no other use intents or purposes whatsoever. For paym* of his Excell^ Sallary to the 25"^ of August
1737 (Exclusive of Excise) £88-5 :
[p. 485.] For do. (Excluding the Excise) Q' 15"' 173G
to the 25 May 1737, to be drawn w° due £ 85 :
For the Ball* of the Treasurer's Acct dated March \V^
1736 £537 : 15
For payra' to the ofiicers and soldiers of Fort Wm & ^
Mary to March 1737, according to their respective >■ £801 : 11 : 10
services besides w' the Treas'' has already paid )
For paymt to the Sec^ 6 years Ending Aprill 15"» 1737 £450 : For paym' to the Clerk of the Ass™ 6| years to May
I'S 1737 £102 : 10
1737.]
JOURNAL OF THE HOUSE.
723
For do. to do. for wood supply'd the Ass™ £ 2 For do. to do. assisting the Kings Attorney ag* the
criminals £ 2
For do. to do. for paper 15s. 6d. & two Bookes 403. £ 2
15: 6
£109 : 13
In paym' to Benj. Akerman as dore keeper for 6 years
to the 15'h Ap-^ 1737 £ 60 : :
For paym' to the Sherif for 6 years to May 1737 £ 90 : :
For Do. to Benj* Rust for the Court House to the 10"^
Aprill 1737, £ 93 : 12 : 6
For Do. to Jeremiah Libby's Account £ 13 : 14 : 8
For Do. to Michael Whidden's Account £ 4 : 13 : 4
For Do. to Eleazer Russell's Ace' to May 1»« 1736 £ 3 : 17 : 6
For Do. to Joshua Pierce Esq. for Bookes for the Rec- ords £ 18 : 10 : For Do. to Richard Wibird, Esq. his ace' in full of it £ 6:7:6 For Do. to the Selectmen of Portsm" charge on the
Pest House £ 30 : :
For Do. to the Council sitting in Gen" Ass" to Aprill
1737 £310 :
For Do. to the Grand Juryes £140 :
For Do. to Stephen Greenleaf's ace' £ 2 : 19
For Do to the Comittee that went to Newbury about
the Lines £ 19 : 13 : 10
For Do to Salathiel Denbow 6 years Pension £ 30 :
For Do. to Hampton Selectmen erecting a Pillory £ 1:5
For Do. to Joshua Pierce jun' account £ 1 : 19
For Do. to Ric'i Perry's ace' for Wood &c. to the Fort
to March 14'h 1736-7 £ 19 : 5 : 10
For Do. to the Hon''''^ David Dunbar, Esq. Lt. Gov' for
the Flag Staff, &c £ 12 : 15 :
For and towards paying of the Agency (of the [p. 486] House of Representatives) in Great Brittain in the affaire of the Province Lines (and for no other in- tents or purposes whatsoever) to be paid Andrew Wiggiu, John Rindge, George Jaffrey & Theo. At- kinson Esqs. and they to produce an account to the Gen" Ass™ how expended perticularly in the affaire of the Lines £500 : :
For Payjn' to the Selectmen of Portsm" for Powder
sent 1726, £ 8
For Repaire of Fort Wm & Mary £690
For Repaii-e of the Prison £1.50
For paym' of Wolves Heads £200
For paym' of Expresses £ 30
For and towards paying & defraying the charge of the Comiss" that are or may be appointed to mark out the Boundary Lines of the Province, & for the Co- mittee to attend them, to be lodg'd in the Treasury for that use, to be deliver 'd the Comittee of the Gen' Ass'" as there shall be occasion, and they to give ac- count how Expended £500
724 PROVINCE OF NEW-HAMPSHIRE. [1737.
For paym' of a Bounty on Hemp £100 : :
For do. to Mr. Henry Newman Ball" of his Ace' for
agency £ 42 : :
For Do. to John Trundy's account £ 1:6:8
To be lodg'd in the Treasury for payment of signing, Printing & Paper, for the money in this Bill, and for other paym''* as the Gen" Assembly shall order £580 : 19 : 7
£6500 :
And Be it Enacted by the authority aforesaid that no money appro- priated to the uses aforementioned be drawn out of the Treasury for [p. 487] the discharging any other Publick Debts upon Penalty of the Treasurer's Refunding any such sum or sums, as he shall pay contrary to such appropriation.
And for a Fund and Security for drawing in the sume of six thous- and five hundred pounds
Be it Enacted by the authority aforesaid, that there be and hereby is granted to his Most Excellent Maj'"'^ for the Ends and uses above mentioned a Tax of six thousand five hundred pounds, to be Levyed on the Poles & Estates Real & Personal of the Inhabitants of the Prov- ince of New-Hampshire according to the last Proportion, or as the Gen" Assembly shall come into any new Proportion, between this and the year 1740; Four thousand pounds of it to be paid into the Treasury by the last day of December in the yeare 1741, and the re- maining part of said sum being two thoiisand five hundred pounds by the last day of December in the yeare 1742, and in as much as it will be next to impossible to Collect all the several Bills Emitted on the credit of this Province at that time outstanding, without which pay- ment cannot be made.
Therefore, Be it Enacted by the authority aforesaid that the Paym' into the Treasury aforesaid be made in manner and form following, viz. in Bills of Credit of this Province, or in silver at Eighteen shil- lings pr ounce, or in good merchantable well drest Hemp at eight pence pr pound, or in good well drest Flax at eighteen pence pr pound, or in good merchantable Barr Iron at forty shillings pr hundred, or at any other Prices that the Gen" Assembly may set on the several species abovementioned at any time between this and the yeare 1740.
And Be it further Enacted by the authority aforesaid. That the said silver. Hemp, Flax & Barr Iron shall be disposed of to the best [p. 488] advantage of the Province by the Treasurer for the redeeming the Bills of Credit of this Province that may be outstanding at that time, and when the Bills are Bro't into the Treasury then to be burnt in the face of the Gen" Assembly, and if any loss happen by the sale of the aforesaid species, or by any unforeseen accident, such deficiency to be made good by a Tax of the next yeare following, so as fully and effect- ually to call in the whole sum of six thousand and five hundred pounds in said Bills hereby ordered to be Emitted, and if there be any sur- plusage it shall remaine a stock in the Treasury to be drawn out as the Gen" Ass™ shall order.
Then the House adjourn'd to the 2-i*^ curr*.
1737.] JOURNAL OF THE HOUSE. 725
Thursday March 24^^^ A. D. 1736.
A Mess* from the Board with several Petitions and votes of Council thereon, viz. Wm. Hill &; James Clark's read & the house concurr'd with the Council's vote thereon That they have liberty to Bring in their Bill.
John Goff's Petition Read: & vote of Council concurr'd, That he has liberty to bring in a Bill. Boyce and others Petition Read & ordered to serve the opposite Parties witli a Copy & to appeare next Tuesday if the Ass™ be then sit- ting, & if not then sitting to appeare the second day of the sitting of the next Sessions of Gen'^ Assembly.
AVallace & others Petition Read and the like order on it.
Hampton Falls Petition Read and the like order thereon.
Chester Petition read and the like order. All sent up. Post jMeridiem.
A Mess* from the Board with the vote of the House of the IP^ curr^ about the 1730£ with a vote of Council thereon, viz.
In Council Read and Concurr'd with this alteration, namely, That the Interest within mentioned lie in the Treasury for the use [p. 489] of the Province as the Gen" Assembly shall order, or becom due by Law, and also that ^lead's Bond be included in the Bill within mentioned, and that the time of payment of the money within mentioned lie the 15^'^ of October next, instead of July.
Then the House adjourned to the 25'^ Curr'
Fryday March 25'^ 1737.
Yoted, That Capt. John Rindge & Capt. Peter Gilman be a Coraittee of this House to joyne such as the Hon"^ the Council shall appoint, to consider of what Denomination the Plates shall be off, for striking the money now to be made.
A Mess* from the Board, the above concurr'd and that Elis Huske & Theo. Atkinson Esqs. were appointed at the Board to joyne, &c.
The vote of Council on the 1730 £ above read and iwyi- curr^d.
Mr. John Goff's Bill Bro't in and read.
A Letter was Bro't directed to the House from the Hon'''® David Dunbar, Esq. and was Read in the House.
726 ■ PROVINCE OF NEW-HAMPSHIRE. [1737.
Three members were sent from the House, to Return thanks to his Hon'' for his kind offers. — [See Letter in Corr.] Then the House adjourned to the 26"' curr*.
Saturday March the 26*" A. D. 1737.
Voted That Mr. Speaker Wiggin, John Rindge and James Clarkson Esqs. be a Comittee of this House to joyne with the like number to be appointed by the Hon'''^ the Council to signe off all such Bills as are ordered to be Emitted by the Gen'^ Assembly this Sessions, any foure of them to be a Quorum and that they take care for the Printing the same at the least charge they can.
Voted That John Rindge, Esq. be appointed by this House to Joyne such as the Hon"^® the Council shall appoint to agree with any p'son or p'sons for the Repaire of the Goale, according [p. 490] to the Return of the Comittee made this Sessions at the Cheapest Rate they can, and to se the same be well done.
Mr. John Goff's Bill read three times and past to be Enacted.
Rochester Petition past upon & leave to bring in a Bill.
Then the House adjourned to the 29"' curr^
Tuesday March the 29*^ A. D. 1737.
Voted That Jotham Odiorn be appointed by this Housa to joyne such as the Hon'^'*^ the Council shall appoint to agree with any p'son or p'sons for the Repaire of the Fort Wm. & Mary according to the Return of the Comittee made this Sessions at the cheapest Rate they can, & to see the same well done.
Mr. Atkinson Bro't down two Bills to be past upon, and a written Mess'' from liis Excellency which Mess* was read in the House as follows, viz.
GenH of the House of Representatives,
I hope the Generous Part the Town of Portsmouth (the Capital of this Province) has acted, togeather with the handsome subscription made by a number of Gentlemen towards the Building of a Court Plouse will induce you to consider further on an affaire so necessary to the Hon'' of his Maj"''^ Goverm' & to the Interest of his People, and that you will think this a proper time to make suitable Provision for completing so good a work.
March the 29"^, 1737. J. Belcher.
1737.]
JOURNAL OF THE HOUSE. 727
A Bill for Enabling the Grand Comittec of the £15000 loane to get in that Money was read.
Tibbets Bill Read. The act for the £600 Tax Read. The act for gettinsf in the £1730, & Meads money Read. Capt. Hart's Bill Read.
Post Meridiem.
All the above Acts & Bills Read a second time, [p. 491.] A Petition of the Presbyterians of Chester pray- ing Relief against their paying to the Congregational meeting or minister in the same Town was read. Both parties being present they had a hearing.
Chester Petition.
[Copied from MS. Corr. in Secretary's Office, Vol. 1, p. 90.]
To his Excellency Joxathax Belcher, Esq. Gov"^ and Commander in Chief, in & over his Majesty's Province of New Hamp"', the Hon*^^* his Majesty's Council and House of Representatives. The Petitiox of sundry of the Inhabitants of Chester in the Prov- ince of New Hampshire.
Humbly Sheweth, That your Petitione''^ tho' at present Inhabitants of Chester afores"* formerly belonged (most of them) to the kingdom of Scotland & Ire- land, where they were Educated in the principles of the Kirk of Scot- land, for which they have a great veneration — That while Mr. Moses Hale was the minister of the Town your Petition''^ paid taxes towards his support tho' they went many of them to Londonderry to meeting, & most, if not all of them constantly to receive the sacraments, not being then in a condition to settle a minister of the Presbyterian order : — After Mr. Hale's misfortunes had necessitated him to lay aside the work of the ministry, the Town being Destitute of a Gospel min- ister, your Petition" proceeded to call & ordain a minister of that De- nomination among them, tho' scarce able to defray the charge, that they might worship God & enjoy the ordinances of the Gospel in a way (which they apprehend) more agreeable to Script^ & the primitive pat- tern, at least more agreeable to their consiences, than they could among the Congregationalists : — That during the time that y® Town was des- titute of a minister of the Congregational order your Petition''* often Invited their Brethren of that Denomination to joyne with them, if not longer, at least till they were better provided for, & that such con- formity should be no Expence to them, for that your Petition" would support their own Minister themselves ; But they refused to accept the the offer. — That about two years after Mr. Hale had left Chester those of the Inhabitants who differ in sentiments from your Petition" in con- junction with the non-resident Proprief'* proceeded to call & settle in the Town a Congregational Minister who is still tliere — That your Petition" apprehending that those who had called & settled such a min- ister would be for supporting him by a tax on all the Inhabitants rep- resented to them in their Public meeting & to the Select-men of the Town, that it was highly unreasonable and unkind, all things & cir-
728
PROVINCE OF NEW-HAMPSHIRE.
[1737.
cumstances considered, to oblige your Petition" to pay towards the support of a minister they did not call nor hear when settled, &c. & prayed they might be exempted, & the rather because they conceived themselves to be such Persons as were intended & Exempted by the Proviso in the Law of" the Province Entituled an Act for maintainance Sf supply of the Ministry -within this Province: But all would not prevail. The Selectmen of the Said Town have rated all the Inhabitants with- out PLxception of any Sect, & have Distrained & Imprisoned some of yo"" Petitoners for such Rates.
Your Petition" therefore pray the aid of this Court as the Dernier resort of the Distressed that you would be pleas'd in yo"" great wisdom and Goodness to Explain the Proviso in the afores<^ Act, & say whether yo"^ Petition" are Exempted thereby from being taxed to the settling & support of the said Minister. And if your Excellency & the Hon''''-' the other Branches of this Court shall not tliink the Law already made excuses your Petition" from the afores"! Charge, that you would be pileased to Commiserate the case of yo'' Petition" (seeing as it now stands, they must either act against their own judgment, or dearly pur- chase the liberty of the contrary) and make a special act wliereby they may be disciiarged & Exempted from beai'ing any part of the Burthen of settling & supporting any minister except their own, & from pays the afores"^ Rates already made, and that such may have their money allowed them from whom the same has been distrained by virtue of the afores*^ Rates: And yo"" Petition" as in duty bound shall ever pray, ^c.
his Allexa'^'' X Crage
mark James Campbell And" Crage Willom Whit Francess Cooks Robert Mills Joseph Nill his William X Poul
mark Willem Carswall Robart Recrest John Dickay Thomas Calwell William Calwell James Willson John Carswell Samuel Brown John Wadel Robert Graham John Bold John Karr Robert Wilson James Quenton Paul Mc aferson James Mc aferson Wilam Mc aferson Samuel Mc aferson
Robert Knocks Robert Grims
his John X Powl
mark James Crossett Robert Campbell James Wilson James Willson, jun. Hugh Willson, David Crage William Graham Thomas Glen James Whit John Aikan Thomas Smith Johone Smith .Tames Whiting Samuel Ingalls William Craffoord Robert Dayeu William Petterson William Willson John Tolford John Mills jun' John Mills sen"^ John Shirela Charels Moore James Waddel John Boyd jun. 54
1737.] JOURNAL OF THE HOUSE. 729
111 Council March 23, 1736-7 Head & Recommended.
Rich'i "VValdron, Sec>'. Marh 24"' 173G-7.
In the House of Representatives the within Petition was read, and voted. That the Petitioners serve the Selectmen of y'' adverse partie with a Coppy of this Petition & votes thereon ; to appears before the Gen' Assm. next tuesday to shew cause (if they can) why the prayer of the Petition may not be granted, & if the Assm. be not then sitting then to appeare the Second day of the sitting of the Gen' Assm. at their next sessions.
James Jeffry, Cler. Assm. In Council, March 24, 173(J-7. Read and Concurr'd
Rich<i Waldron, Sec-^. March 24, 1736-7. I assent to the above votes
J. Belcher. New Hampshire. I have served the Selectmen with a Coppie of this Petition, March the first day 1736-7. John Shirela
Constable for Chester
March 30"^ 1737. In the House of Representatives.
The within Petitioners & the adverse parties heard by their Council,
and voted. That the Petition ly for consideration till the next sitting
of the Gen' Assm. And that the Constables of the Town be ordered
not to proceed to collect any suine from any the Presbyterian party
towards a ministers Tax, till this affaire be further considered of by
the Gen' Assm. James Jeffry, Cler. Assm.
In Coun. Eod. die.
Read & Concurred. Rich"^ Waldron, Sec^.
Same day assented to.
J. Belcher. In the House of Representatives. The within Petition read and the Parties Heard thereon, and voted that the Petition be dismiss'd.
7"^ P' 1737 James Jeffrey Cler. Assm.
In Coun. Eod. die. Referred to the next Session for further consideration
R. Waldron, Sec-^. In Coun. Oct. 19, 1737. Read and non-concurr'd with the vote of the House for dismissing tliis Petition, The Council being of opinion the Petitioners are within the Saving of the Act of this Province Entituled an Act for mainte- nance and supply of the ministry within this Province.
Rich<i Waldron, Sec>'. In the House of Represent* The above Vote Read & Concurr'd. S-- 19, 1737. James Jeffrey, Cler. Assm.
Oct. 20, 1737. Assented to
J. Belcher.
730 PROVINCE OF NEW-HAMPSHIRE. [1737.
Letter from Lieut. Gov. Dunbar. [Copied from MS. Corr., Vol. I, p. 95.]
Portsm" N. H. April y« 16, 1737. Gentlemeriy
Yesterday I sent an order to y^ Sec^ to summon the Council to meet me at 11 o'clock this morning w'^'^ order he has refused to obey. 1 therefore give you notice by the sheriffe that it is my order that y° meet in Council at my House tomorrow morning at 11 o'clock, I being confined by lameness. I expect your ready complyance as you will answer the contrary.
Given under my hand the day and year above. D D
To the Hon'*'*' the members of his
Majesty's Council, in ^ew Hampshire.
To the High Sheriff of his Majesty* Prov. of N. H. or his Deputy. Sir — You are hereby required to show the above order to each of the Gentlemen of his Majesty's Council & summon them accordingly, and make a particular return of what answer you receive from each.
D D
R. Ws Answer. My service to his hon' & tell him I can't comply w"* his order to meet in Council, unless it appears to me to be in pur- suance of one from his Excellency the Gov'' & Comand'' in Chief.
Wai-rant from Gov. Belcher. [Copied from MS. Corr,. Vol. I, p. 97.]
By his Excellency Jona. Belcher, Esq. Gov'' & Comander in Chief in and over his Majesty's Province of New Hampshire in New England: To the Committee appointed to call in the residue of y® £15,000 loan.
In obedience to his jSIajesty's Special Coinand to me for seeing that the public moneys be called in according to their respective periods, I do hereby direct & require that you do, without delay put in Execu- tion the law or laws for calling in.w^hat is yet outstanding of the said 15,000£. that the same may be in your hands ready to V>e delivered to the General Assembly & burnt at their next Sessions. Hereof fail not.
Given under my hand and seal the day of 1737. In the 14*
y'' of his Majesty's reign.
Gov. Belcher's Order to Lt. GovW Dunbar about a Letter to the Court of Sessions ^' Common Pleas.
[From MS. Corr. in Secretary's office, p. 87.]
Whereas very early this Morning I had an Express from his Maj- esty's Justices of the Court of Sessions & Common Pleas for the Province of New Hampshire, sitting at Hampton, acquainting me, That you wrote them you had rec'd the King's order declaring the Act of the General Assembly past in Dec"" 1730 to be void, and they sent me what you say is Copy of that Order: If you have such an original Order, and what you attest be the Copy, I find it is directed, To the
1737.] JOURNAL OF THE HOUSE. 731
Governor or Commander-in-Chief of his Majestys Province of New Hamp- shire for the Time being :
I therefore now order you on Receipt of this to send me His Majes- ty's said Order, That in obedience thereunto 1 may give the proper Directions about it.
Given under my hand, June 8, 1737.
To the nono'''«
David Dunbar, Esq.
Lieut. Gov'' of his Majestys
Province of New Hampshire.
A Mess'' pr Mr. Secretary from liis Excell^ viz. That his Excell^' dcsiered the House would make dispatch of the Busi- ness that he might go Fryday next.
Mr. Boycc was heard on the Londonderry Petition, the Adverse parties being present.
Then the House adjourned to the 30"* curr*.
Wednesday, March the 30*^ A. D. 1737.
The act for the Tax of £600 Read a third time & past to be Enacted & Engros'd.
The act about the £15000 Loan Read a third, time & past to be Enacted & Engros'd.
Capt. Hart's Bill read three times & past.
Voted, That Chester affaire lye for Consideration till the next sitting of the Gen" Assembly, and that y® Constables forbeare gathering any Ministers Rates from the Presby- terian party till further Order.
Rochester Bill read a third time & past to be Enacted & Engross'd
Theo, Atkinson's note was Bro't to be Entered in the Journal, viz. I promise to pay the Treasurer of the Province of New Hampshire for the time being the sum of three hundred pounds twelve shillings and six pence, being for valine received in the Ball'' of accounts due to the Province from Mr. Clem^ Hughes Dcceas'd & Mr. John Ambler, to be paid the said Treasurer or his order at or before the 15*'' day of October next, as Witness my hand this 29"' Ma% 1737. £300 : 12 : 6. Theodore Atkinson.
[p. 402.] Post Meridiem.
Portsmouth South Parish Petition Read & the Parties heard thereon & voted the further consideration thereof be suspended till the next Sessions.
732 PROVINCE OF NEW-HAMPSHIRE.
[1737
There was Bro't in by Theodore Atkinson Esq. of the money he had as Trustee to Excliange the old Cypher'd Bills of Credit, & Burnt the sum of £o6y : 19: 6,
The votes on the Londonderry Petition concurr'd
Voted, That Theodore Atkinson Esq. be discharged of the above sum of £569 : 19 : 6
Then the House adjourned to Aprill the 1*^ 1737.
Fryday, Aprill the P' A. D. 1737.
Voted That Mr. Speaker Wiggin, John Rindge Esq. Mr. Thomas Packer & Capt James Jeffrey be a Comittee of this House to joyne with such as the Hon''^*^ the Council shall appoint, to wait upon and attend the Comiss''^ his most Ex- cellent Maj'^'° hath or may appoint, to mark out the Bound- ary Lines between the Province of New Hampshire and the Province of the Massachusetts Bay, and to provide Wit- nesses, Pleas, Allegations, papers & Records, to be presented and made before the said Comission''' in that affaire and to provide for their reception & Entertainment, and five of such Comittee to be a Quorum, and that the Treasury supply said Comittee with such money as may be needfull or necessary in that affaire. Sent up.
Eod"^ Die. Mr. Secretary came with a message from the Board that the above vote was concurr'd and that the Board had appointed Mr. Pi'esident Walton, George Jaffrey,Jotham Odiorn & Theo. Atkinson, Esqs. to be of the Comittee from the Board to joyne with the Gen* above for the service above.
[p. 493.] Voted that the Comittee appointed this Sessions for signing the Bills of Credit on this Province be impowered and directed at the charge of this Goverm*^ forthwith to get Impressed and signed the sume of three thousand pounds in Bills of Credit on this Province, the one half thereof on the Large Plate and the other haff on the small Plate that the X6500 is to be struck ofY from, and that the said sume of £3000 be immediately put into the Treasury and be ap- plyed in Exchanging such of the Bills of Credit of this Province as have been formerly Emitted and are broken and defaced, or otherwise Rendered impassable, and for no other use intent or purpose whatsoever, and that the Treasurer for the time being be allowed and paid the sum of two pr ct. for
1737.] JOURNAL OP THE HOUSE. 733
such sums as he shall Exchange, which old Bills when so Exchanged shall be Bro't into the Gen" Ass"^ & in their Sight be Burnt to ashes Each Sessions as rec'd by the Treasurer.
Voted, That Whereas Thco. Atkinson Esq. has given his note for paym' of Hughes' money and Ambler's money pay- able to the Treasurer, Therefore
Voted That the said Atkinson be hereby discharged of all further accounts about the same.
Whereas the Plates for striking the Publick Bills of Credit of this Province now are in the Keeping of Theodore Atkin- son, Esq. A^oted that the Treasurer demand and receive the said Plates from the said Mr, Atkinson, and they to Remaiue in the Treasury for the use of the Province.
Mr. Secr^ Bro't a written Mess* from his Excell^ which was Read, viz.
Gen't of the House of Representatives
Before I put an end to this sessions, I should be glad you would once more consider the affaire I have so earnestly recoraended to you of Erecting a Court House in the Town of Portsmouth, [p. 494] the doing of which I still think of Great Importance to this Province.
Aprill P' 1737. J. Belcher.
The question was put, wliether the House should Raise any sum for Building a Court House. It past in the nega- tive.
Voted, that Paul Gerrish & Thomas Millet Esqs. be a Comittee of this House to thank his ExcelP' for his kind Mess'"' & offers in relation to Building a State House.
Mr. Secretary came with the following Mess^ viz. That the Board had concurr'd the vote for a Comittee about the Prison, and that Jotham Odiorne, Esq, was appointed at y® Board and that Henry Sherburn, Esq. was appointed at the Board to joyne the Comittee for the Port, and that himself, Eph™ Dennct tfe Joseph Sherburn Esqs, were appointed at the Board to joyne the Comittee of the House as signers of tlie money now to be made ; and that the vote for <£3000 to exchange the old money was concurr'd, and the votes on Atkinson's money and all the Bills & acts were concurr'd.
Whereas there is now an Emission of £9500 ordered to be printed & sign'd off for the uses mentioned in the several orders for the same, and the Printing £500 more when the Press is at work Avill be but little charge. Wherefore voted that there be £500 printed off at the same time with i\\Q
734 PROVINCE OF NEW-HAMPSHIRE. [1737.
£9500 & the said £500 to lye Blanck in the Treasury, untill further order by the gen" assembly.
Mr. Secretary came with a Mess' that the above vote was concurr'd, and that his Excell^ Required the attendance of Mr. Speaker & the House in the Council Chamber.
Mr. Speaker and the House went up accordingly, [p. 495] and after the several acts and Bills were read and past, his Excell-^' ordered Mr. Secre^ to Prorogue the Gen" assembly to the sixth of July next. Then Mr. Secr^ Declared the gen" assembly Prorogued accordingly.
His Excellency by Proclamation (in the Publick Gazette) dated the 20^'' June 1737 Prorogued the Gen" assembly of New Hampshire to the 4*'' day of August 1737.
August the 4*'' 1737, the House met according to his Ex- cellencys Prorogation by Proclamation, dated the lO*'' June, 1737.
A Mess^ sent to the Board pr Mr. Packer that there was a Bare House, but not En", to act being but ten members present
Mr. Secretary came down with a Mess* viz. That Mr. President Walton had received orders from his Excellency to Prorogue the gen" assembly to Wednesday next at Hamp- ton, but no place named ; and then Mr. Secretary Declared the Gen" ass"" Prorogued to Wednesday next at Hampton ac- cordingly.
Wednesday August 10*** A. D. 1737. Hampton.
A Mess* sent to his Excell'' to signifie there was a House met. Mr. Secretary came with a Mess^ from his Excell^, viz. That his Excell^' Required the attendance of Mr. Speaker and the House in the Council Chamber.
Mr. Speaker and the House went up accordingly. His ExcelP' made a speech. Mr. Speaker obtained a coppy and then Returned. The speech Read in the House as follows, viz
Gent, of the Council ^' of the House of Representatives
His Majesties Comiss" for settling the Boundaries between this Province and that of the Massachusetts Bay, being arrived and ready to enter on theirc Business, the first [p. 490] thing this assembly has to do is the chusing & appointing two officers w'^ whome any notice from the said comiss'* may be left, agreeable to his Maj"'^* commission.
1737.1 JOURNAL OP THE HOUSE. 735
I Prorogued this Coui't to this time and place, & that of the Massachu- setts to the town of Salisbury, that the two assembly's might sit neare to one another, the better to facillitate all matters that may be Bro't forward Respecting this long depending controversy, to which I hearti- ly wish a just and friendly Issue.
Hampton, August lU"^ 1737. J. Belcher.
Voted That James Clarkson Esq. and Mr. Jotliam Odiorn be a Comittee of this House to answer his Excelly' speech. Then the House adjourned to the 11*^ curr'.
Thursday August the ll*** A. D. 1737.
Yoted, That a Precept be sent to Londonderry for the choice of a Representative to attend his Maj*'** service in Gen" assembly.
Then the House adjourn'd to the 12"^ curr*.
Fryday August the 12**' A. D. 1737. The answer to his Excelly* speech was read in the House as follows, viz.
May it Please your Excellency,
We of the House of Representatives in General Assembly conven'd beg leave to return your Excell^ our hearty thanks for the regard your ExceRy is pleased to Express in the just and friendly settling of the Boundarys between this Province and that of the Massachusetts.
Your Excell-^ is Pleased to observe to us " that the first thing proper to enter upon is the chusing and appointing two officers with Avhome any notice from the [p. 497] Comiss" may be left agreeably to his Maj"'^'* Comission."
To which we answer yonr Excelly, That in compliance with your Excellencies direction, we shall with the greatest cheerfulness be readdy to do Every thing your Excell^ can Reasonably desier or ex- pect of us: But we understand that our Comittee appointed by our General Court, Did, in a strict compliance with hia Maj''*^" Comission make choice of the Secretary & High Sherrif of this Province & given in their names and places of aboad, at the first meeting of tlie Com- iss" which we are informed is approved of and Entred togeather with the Comittee's power in the Journals of said Comissioners Court, which proceedings of the Comittee in the choice of the Publick officers above said this House approves of, — for had it not been done at the first meeting of the Comiss''' we apprehend the Court might have pro- ceeded against this his Majesties Goverment, Exparte (') agreeable to his Maj''*^ Comission, to M'hich we do assure your Excellency, we have and shall pay our strict obedience & shall be ready on our part to do
(1) Soe Farm. Belknap, p. 244.
736 PROVINCE OF NEW-HAMPSHIRE. [1737.
every thing in our power to facilitate tliat afiaire, that if possible it may have the desired effect of a friendly & happy Issue. August l'2'i» 1737, voted to be sent up.
Andrew Wiggin, Speak""
Ncwington Petition sent down from the Board, A^oted, that it he dism'*
Post Meridiem.
Mr. AVilliam Parker (Clerk to the Court of Comiss") Bro't in a Mess^ from the said Court of Comiss''* which was read in.thc House as follows, viz.
Province of New Hampshire
Hampton, August 12"", 1737
At a Court of Comiss" appointed by his Maj""^** Comissiou under the Greate Seale of Great Britain, [p. 498] to settle the Boundary Linos between his Maj'''^"" Province of New Hampshire and the Mass* in New England, then and there held:
Whereas his Maj*''"'' Comission impowering the said Court to settle the said Bouudarys Recomends all convenient speed & Dispatch in that affaire, & a true Plan or Draught of the Course of Merymack River, & Land adjacent, as also of the River Newitchwanock, being of (Treat use, to give a right understanding of the controversie between the two Provinces . . . This Court therefore recomend unto the Re- spective General Courts of the said Provinces now sitting to agree on some Plan which they shall think Propper to be laid before this Court for the Ends aforesaid, and to prevent the Expence and delay of tak- ing any new Plan, That so the same may be presented to this Court on Monday the 22^ Inst, to which time this Court is adjourned, & y* Clerks are directed forthwith to send Coppys hereof to the Respective Gen" Courts afores'^.
Examined pr William Parker, Cle"".
Prescotts Petition past upon & Liberty to bring in his Bill.
Then the House adjourn'd to the IS^** curr*.
Saturday August the W A. D. 1737. Province of New Hampshire, Aug* the 13"' 1737. In the House of Representatives, Upon the Recomcndation of the Hon^'i'' his Maj^'** Comiss''^ for settling the Boundary Lines of this his Maj*'*'^ Province of New Hampshire and the Province of the Mass^ Bay, for the Assemblys of the said Provinces to agree upon a draught or Draughts of the Rivers Merymack k, Newitchwanock to be laid before said Comiss'^ on the 22*^, being of great use to give them a right understanding of the Controversy between
1737.] JOURNAL OF THE HOUSE. 737
the two Provinces to be presented on Monday the 22'^ curr*, Therefore, That the same be not delayed,
Voted, That the Committee already appointed to lay all papers & Evidences &c. on the part of New hampshire be- fore said Comiss''% be hereby fnlly impowered to agree with such Comittee or Agents as the Great and Gen" Court of the Province of the Mass''' shall appoint, upon any draught or draughts of the Rivers Merymack & Ne witch wanock, to be laid before said Comiss" on the 22"^ curr* and our Comittee is hereby directed that they meet at the house of [p. 499] John Brown, Inholdcr at Hampton-falls this 13"' Instant at 3 o' the clock afternoon & that a coppy of this vote be sent to the Gen'^ Ass™ of the Mass^ to Inform them that our Comittee will attend at the time and place or any other time and times, that our said Comittee are hereby impowered to put in before the Comiss"'* any draught or Draughts they shall think Proper.
Sent up for concurrence.
The Council's vote on Newington Petition Read & Voted they be heard thereon the 2d day of the nest sitting of the Geni^ Ass™.
The vote of Council on Portsm" South p'ish Petition read and concurr'd.
A Mess^ from his Excellency pr Mr. Secr-^', viz. That his Excell'y adjourn'd this Gen'i Ass™ to the 17*^ Curr* & De- clared the Ass™ adjourned accordingly.
Wednesday August 17*'' A. D. 1737. The House adjourned to the 18*'' curr''.
Thursday August 18*'' A. D. 1737.
A Petition of the North part of Exeter called Newmarket Praying to be sett off as a Town Read.
A Petition of Hampton Town praying relief for that several p'sons living within their Bounds were Rated in the Parrish of Rye, read.
Whereas it hath pleased his Maj*'" to appoint under the Great Scale Comiss" for marking out & settling the Bound- ary Lines between this his Maj"*^^ Province of New hampshire & the Province of the Mass*'' Bay, & in as much as the charges of the Hon'"'*' Gen* coming hither & their support in attend- 47
738 PROVINCE OF NEW-HAMPSHIRE. [1737.
ing his Maj*''-''' service in that affaire has and will be attended w*^^ great Expence, And whereas there is now in the hands of the Treasurer the sum ol [p. 600] X500 in Blanck Bills of the new impression not signed off, Therefore voted, That the £500 in Blanck Bills aforesaid be immediately signed off by the same signers that signed the last Emittion, & put into the Treasury for the paym* of any charges relating to the Hon''''' Comiss'* & the affaire of the Lines, to be drawn out (if there shall be occasion) by the Comittee already ap- pointed to attend his Maj"** Comiss''^ in that affaire, and that they render an account thereof to the Gen'' Assembly, how expended, & that it be paid into the Treasury by a Tax on the Poles and Estates of the Inhabitants of this Province in the yeare 1740, and that an Act be drawn up accordingly.
Voted to be sent up, nemine contradicente.
Voted, That the Hampton Petition'^* serve the Selectmen of Rye with a Copy of theire Pet" and that they appeare the 3*^ day of the sitting of the Gen" Ass™ next Sessions to shew cause, <fec.
Voted, That New Market have liberty to bring in a Bill, & to have the priveledge of chusing their Town officers as other Towns have.
Upon Portsm° Pet", voted the Parties be heard as soon as possible.
A Mess** pr Mr. Secretary that the Portsm" vote was con- cur'd at the Board.
Newington Petitioners heard & voted the Prayer of the Pef^ be granted. When the House adjourned to the 19*^ Curr*
Fryday August Id'"" A. D. 1737. Mr. Secretary Waldron Bro't into the House from the Council Board a Draught of the River Merymack presented pr. the Comittee of the Mess^ with the following votes thereon for the concurrence of this Assembly, viz.
[p. 501.] Proviuce of the Massachusetts Bay,
In Council, Aug' 1S"> 1737. This Court having upon the Recommendation of the Court of Co- miss" agreed upon a Plan or Draught of the River Merymack to be laid before them, Voted, That a copy of said Plan & the Comittees Report & the order of this Court tliereon be Exhibited to the Gen" Court of the Proviuce of New hampshire In order to their agreeing
1737.J JOURNAL OF THE HOUSE. 739
with this Court In Presenting y" s"^ Plan to the Coniiss" afores"^. Sent down for concur. Simon Frost, Dep. Sec.
August 18'h 1737. In the House of Representatives Read & Con- curred. J. Quinsy, Speak''
19* Consented to J. Belcher.
Copy Examined pr Simon Frost, Dep. Secretary.
Province of the Mass* Bay : The Comittee appointed to confer with the Comittee of New hampshire in order for the Gen" Courts agreeing on & presenting to the Court of Comiss''*' a Plan or Draught of Mery- mack & Newitchwanock Rivers, Do Report, That they have attended that service in Salisbury the last Tuesday & laid before said Comittee of New hampshire a Draught or Map of the River now & always known & called by the name of Monomack alias Merymack, who agreed to its being a true Plan of the said River, and that it should be presented the Respective Gen" Courts : tlie said Comittee of New hampshire offered us a Plan of part of Newitchwannock River and acquainted us that a Surveyor was then pei-fecting the survey of that River in order to Conipleat said Plan, and to which we objected not. The Comittee do therefore herewith humbly Present the aforesaid Draught or Map of Monomack alias Merymack from the Crotch or parting thereof into two [p. 502] Equal Streams down to the mouth thereof wliere it Empty^ it self into the Sea, being a full mile more southward than it formerly did neare the Black Rocks, that so the same may be approved of by both Courts, and presented to the Hon''''' Comiss''^ for marking out & settling the Boundarys between the two Provinces according to their Recommendation. By order of the Comittee.
Salisbury, August 18«i 1737. Wm. Dudley.
In Council, August 18"" 1737. Read and ordered that this Report be accepted, and that the Plan hereunto annexed be accordingly pre- sented to the Hon'''*' Comiss"'^ as ,a True Draught of the River Merry- mack, agreeable to their Recomendation.
Sent down for concurrence. Simon Frost, Dep* Sec^
In the House of Representatives Read & Coucurr'd.
J. Quinsy, Speaker
19"^ Consented to J. Belcher.
Copy Examined, pr Simon Frost, Dep* Secretary.
An Act for Establishing a Parrish by the name of Ken- sington in the AVest part of Hampton Falls was read three times and past to he Enacted & Engrossed.
An Act for Establishing a Parrish in the North part of Exeter by the name of New-market read three times and past to be Enacted and Engrossed.
Then the House adjourned to the 20"' curr*
Saturday August 20*'' A. D. 1737. The Return of the Comittee appointed to meet the Mass' Comittee about the Draughts was presented and read, viz
740 PROVINCE OF NEW-HAMPSHIRE. [1737.
Province of New hampshire, August 17"^ 1737. Whereas the vote of this Gou" Court of the 13"^ Inst, impowering the Coiuittee appointed for Laying all papers &c. before the Hon''''^ Co- miss''** for settling the Boundary Lines, to agree with such Coraittee or agents as [p. 5(I3] should be appointed by the Gen" Court of the Mass"* upon any Draught or Draughts of the Rivers Merryinack & Newitch- wannock, In pursuance of the s*' vote, we attended at the time and place therein mentioned, but heard nothing from the Mass*^ Comittee untill the day following at Portsmouth, by a letter which is herewith offered, Proposing a meeting at Salisbury on Tuesday the 16"^ Inst, at 10 o the clock before noon, wdien and where we the Subscribers did Re- paire : But not being impowered by said vote to Transact any affaire therein mentioned out of the Province did not presume to make any agree' on any Draught, But having viewed a Draught Exhibited by said Comittee Containing a Plan of the River Merrymack, and the River from thence to AVinnipisioke Pond, which being proposed by both Comittees to be laid before the Respective Gen" Courts for their approbation, and we having viewed the same and find it differs in noth- ing material from the Plat or draught made use of in this affaire in England and now on the Files of this Hon'*''' Court, and altho' the said Draught may not be Exactly Right in every particular yet that the affaire in controversy may not be Litigated or hindered, we humbly propose to this Ilon^^ Court that they (when the said Draught shall be^laid before them) do approve & allow of the same, to containe a Plat of the river Merrymack from the mouth thereof where the Water runs into the Atlantick Ocean to the head of the said River, viz. at the Falls about a mile above Haverill Meeting House, and from thence a Plat of the River Winnijiisioke till it comes to the head thereof, viz. the Great Pond Winnipisioke, together with the Falls & jMoutlis of the Rivers emptying themselves into the same. We also humbly offer a Draught of the River Newitchwann(5ck to the furthest head thereof which we apprehend contains a true Piatt of said River as it was [p. 50-4] formerly taken and lately surveyed by Mr. Cyprian Jeffry, — all which is humbly offered and submitted to the Consideration of this Hon''''^ Court, By
Shad Walton 1 Tlieo. Atkinson Andrew Wiggin >- Committee Thomas Packer ■ James Jeffrey J In the House of Representatives. August 20**^ 1737, The above Return Read & voted to be accepted.
Province of New Hampshire, August 20'!^ 1737.
In tlie house of Representatives. Pursuant to the Recomendation of the Hon'''° court of Comiss"^* for to agreee upon a Plan or Draught of the River Merrymack to be laid before them & having now before this House a Plan or Draught presented by Gen^' Court of the Mass'' for this Court to agree with them upon to be present-
1737.] JOURNAL OF THE HOUSE. 741
eel the Hoii''''^ Court of Coniiss" and upon Examination of the aforesaid Draught we find the compass on said Draught not to be true, But in as much as it will not be of any great importance, the Mistake of the Compass, by Reason his jyjgjties Qomiss'^^ Requires a Plan or Draught not for marking out or setthng the Boundarys between the two Provinces by, But to give a Right understanding of the Controversy be- tween the Provinces only :
Therefore voted, That the annexed Plan be presented the Hon**^® Comiss'^ to give them an Idea of the Course of the Water from Winnipissiokee Pond to where it emptys itself into the Atlantick ocean. But we know of no such name as Merrimack River any further than from the Rivers mouth as far as the salt water flows, or to the first Falls about a mile above Ilaverill ]\Ieeting-house and from thence a Plat of the River Winnipissiokee till it comes to the head thereof viz. the Great Pond Winnipissiokee ; and as to the Channel at the Rivers mouth where it Emptys itself into the Atlantick, we know of no such alteration [p. 505] that it is to the southward of where it used to be formerly, nor do we know of any such thing as the Black Rocks or Indicots tree ever to be any bound mark between the Provinces.
And it is also voted that the Plan of Newitchwanock River, taken by Mr. Cyprian Jeffry be allowed by this House to be a true Draught of s*^ River to the Ponds k direct the same to be laid before the Hon'^^'^ Court of Comiss''^ for the ends above said. James Jeffry CI' ass""
A mess^ pr Mr. Secretary, That his Excell^' adjourned this assembly to the 23'^ at 10 of the clock A. M.
Tuesday August 23'' A. D. 1737. The affaire of the Lines being now under heareing before the Comiss''® & sundry of the members being obliged to at- tend that affaire, his Excell-^' not being in the goverm*, the House adjourned to the 24*'^ curr*.
Wednesday, August 24*1^ 1737. His ExccU-^' being out of the Goverm*. the Council would not sitt. The House adjourn'd to the 25 curr^
742 PROVINCE OF NEW-HAMPSHIEE. [1737.
Thursday, August 25, A. D. 1737. The Hon'^''^ Court of Comiss''^ sent another Recomenda- tion in the words following, viz.
Province of New IlamjDshire.
At a Court of Coiniss'''* for the settling the Boundarys between the Province of New Hampshire & the Province of the Mass'^ Bay in New Enghxnd held at Hampton in the Province of Newhampshire on y'= 21"^ day of August 1737.
Whereas this Court on the 12'*^ curr' Recomended to the gen" Courts of the Province of tlie Mass'' Bay & New hampshire (then & now sit- ting) to agree upon some Plan which they should think proper to be laid before the said court of the Rivers Merry mack and Newitchwan- nock in order to expedite the Business thereof, and [r. 508 ^] whereas the gen" Court of Newhampshire have not sent to this Court any Resolve of theirs touching what was recomended to them as aforesaid, but it ap- peares to be acted on by one Branch of the gen^' assembly only,
Wherefore this Court do renew their Recomendation of this affaire to the s'l Gen" Court of the Province of New Hampshire to agree upon some Plan as aforesaid in conjunction with the Gen" Court of the Mass* aforesaid, if it may be, and they are desiered speedily to report their concurrence or non-concurrence with what is already done by the gen' Court of the Mass'' touching the premises in writing. That so this Court may proceed on the affair which lay before them with all possible Dispatch, and the clerks are ordered forthwith to deliver cop- pys hereof to the Comittee of the Province of Newhampshire.
A true coppy as appeares of Record, Exam'^ pr Wm. Parker, Benja. Rolfe, (2) Cle^^
In the House of Representatives.
May it Please your ExcelVy ^' the Hon'ble Board
Inasmuch as his ^Iaj'"=^ Comiss'''' is at present stopt in their proceed- ings in the affair of the Lines (by your Excelly & his Maj''''^ Council) in not passing upon the Report of our Comittee & a vote of this House sent up the 20"^ curr' and his Maj'''^'* Comiss''* having again recomended to our Gen" Court for a speedy Report of your concur- rence or nonconcurrence upon the votes of this House in relation to the Plan or Draught of Merrymack River, &c.
And it is therefore humbly moved by this House to your Excell^ & the Hon'^'*' his Maj"'^^'* Council, to pass upon said votes, that the Comiss" may have opportunity to proceed without any further delay in that affaire.
August 25*" 1737, voted to be sent up.
(1) There is an error in paging— 50() and 507 being wanting in tlie original. Ed.
(2) Benjamin Eolfe was a resident in Concord, tlien called Enniford, where ho (lied December 20, 1771. He s'siflnated at Harvard College in 1727, and for some time was the only civil magistrate in Concord. He married Sarah, daughter of Rev. Timothy Walker, of Concord, and she, after the death of Jlr. Kolle, became the wife of I'enjamin Thomiison. Esq., afterward the distinguished German Count, whose titl|e was Count Rumford. Sarah, daughter of Count Rnmford. died at tue old family mansion in Concord, Dec. 2, 18.52, aged 78. She made liberiil bequests to several public Institutions, anions which was slS.OOO to the New-Hampshire Asy- lum for the Insane.— [-See Bouton's Hist, of Concord, pp. &55, 572—573.] Ed.
1737.] JOURNAL OF THE HOUSE. 743
[p. 509.] The above was Rctuni'd with a verbal mess* to strike out the words in the parenthesis which was done, and voted to be sent up againe.
The same vote lieturn'd againe with a written Mess* from his Excell^', viz.
Gentlemen of the House of Representatives,
I am obliged to observe to you the great impropriety of a Mess"^ Bro'' this day from your house saying his Maj'"''* Coraiss" are at present stopt in their proceedings in the afi'air of the lines by your Excell-^ and his Maj"'^'* Council, not passing upon the Report of our Comittee, &c. There is nothing laying before me relating to the affaire of the Bounda- rys, but if any thing lies before his Maj"'^'* Council, when they have passed thro' it, then it may properly come to me.
But if your Mess" has laeeu made Ignorautly & inadvertently, you will take [care] for the future to act with that decency which becoms you to his Maj''*"* Governour.
August 25"! 1737. J. Belcher.
In the House of Representatives.
Whereas this House received a Report from our Comittee that went to Salisbury to agree upon Draughts to be pre- sented the Court of Comiss''^ & past a vote on the same & also a vote of this House of the 20^^' Curr* & sent the same with the Draughts for the Upper House to pass upon the same <fe on the 24*'' current, presenting the said Draughts <fe votes of this House thereon to the s'' Court, But the Mass"" took Ex- ceptions that 'twas acted by but one part of the Legislature, &, therefore not good according to the Recomendation :
The said Comiss'* now recomend the same againe, that all parts of the Legislature may [p. 510] act if they please : Therefore in the House,
Voted that the said Recomendation be herewith sent to the upper house & pray their acting on s'' votes.
A Mess^ by Mr. Dennet with a vote of Council, viz. In Council August 25*'^ 1737.
Pursuant to the recomendation of the Hon'^'*^ Court of Comiss"^ to agree upon a Plan of the river Merrymack to be laid before them, and now having before this Board a Plan of the River which runs from Winnipisiokee Pond to the At- lantick sea presented by the Great and Gen" Court of the Mass** Bay, to the Gen" Assembly of New hampshirc to be agreed upon by the said Gen" Ass™ of Xcw hampshire in order that be laid before the Hon'''° Coniiss''- afore mentioned.
Therefore voted, that the said Plan be accepted and it is hereby ordered that the same be forthwith laid before the
744 PROVINCE OF NEW-HAMPSHIRE. [1737.
said Hon'^^^ Comiss" to give tliem an Idea of the beforemen- tioned River runiiig from Winnipissiokee Pond aforesaid to the Atlantick ocean afore mentioned.
Ordered to be sent down for concurrence.
R. Waldron, Sec^
In the House of Representatives Read and non concurred, and Voted, That the House adlieres to their votes of the 20^^^ curr* Relating to the Plans.
Then the House adjourned to the 26"" curr^
Fryday August 26'^ A. D. 1737. Province of New hampshire —
In the House of Representatives : Pursuant to the Recomendation of the Hon"^'*^ Court of Comiss'® to agree upon a Plan with the Mass'' voted, That the annexed Plan be Presented to the said Hon^^*" Court of Comiss'^ to give them an Idea of the Course of the water from Winnipissiokee & Pimewasset C^) to where [p. 511] it emptys itself into the Atlantick Ocean.
Aug* 26^'^ 1737 James Jeffry, Cler. Ass™.
Sent up for concurrence.
Eod™ l)ie. A Mcss^ pr Mr. Secretary, That the last vote was concurr'd at the Board and assented to by His Excell^ and that his Excellency adjourned this Assembly to Wednes- day next at 10 o' the clock.
Wednesday August 31, 1737. The affaire of the Lines being in the Height of Argument for conclusion and several of the members obliged to attend that affaire. The House adjourn'd to the first of September 1737.
Thursday September the 1^' A. D. 1737.
Mr. Boyce was sworn & Qualifyed as a member of the House for Londonderry.
Chester Petition formerly Read was now Read againe : the Parties agreed to a hearing, and being heard and the House considered thereof,
Voted That the Petition be Dismiss'd.
Then the House adjourn'd to the 2d curr*.
{}) More commonly called Pemigewasset. Ed.
1737.] JOURNAL OF THE HOUSE. 745
Fryday September the 2^ A. D. 1737.
Chester Papers sent up.
A Mess'' from his Excellency pr Mr. Secretary viz. That his Excellency Prorogued the Gen^ Assembly to the lo*'' of October next ; and then Mr. Secretary Declared the Assem- bly Prorogued accordingly.
October the IS^"^ A. D. 1837.
The House met according to his Excellency's Prorogation. A Mess''' sent to his Excellencie to signifie there was a Quo- rum met.
The return was, his Excelly said 'twas [p. 512] well, and Directed the House to proceed to Business.
Voted, That Nathaniel Weare Esq. Mr. Jotham Odiorn & Mr. George Walton be a Comittee of this House, to joyne with such as the Hon^'" the Council shall appoint, to Ex- amine the accounts now laid before the Assembly, by the Comittee appointed by the Gen" Assembly in the affaire of the Lines, and to proceed thereon as soon as may be, and make their Return to the Gen" Assembly for approbation.
Sent up for concurrence. The same vote return'd. Eod'" Die, the same vote, and the accompt of charges the Comit- tee had been at on account of the Court of Comiss'^ was sent up with the vote.
A Mess'' from the Board that the vote was concurr'd and that the Board had appointed Ephraim Dennet, Joseph Sher- ])urn k Ellis Huske, Esqs. to Joyne the above Comittee for the Ends therein mentioned.
Then the House adjourn'd to the 1-4'^ curr*.
Fryday, October the 14* A. D. 1737. A vote of Exceptions to the Judgm* of the Hon'*''' Comiss''* relating to the Boundary Lines was drawn up and Pead, as follows, viz.
Province of New hampshire, Ocf the 14* 1737.
To the Ilon''''^ the Comiss"^^ appointed by his INIaj''''^ Comiss" under the Great Seale, to settle the Boundary Lines between his Maj''*'^ Prov- ince of New hampshire and the Province of the Mass" Bay in New England : —
Forasmuch as his Excellency Prorogued the Gen" Assembly of this Province at their last sitting before they could know the Judgm' of the
746 PROVINCE OF NEW-HAMPSHIRE. [1737,
Comiss""^ Respecting the Boundary Lines of this his Maj''^« Goverm' & Province to the day before the said Court of Comiss''^ by adjournm' were to meet in order to receive [i*. 513] the appeal of Either Province, that should think themselves agrieved, at vtdiich last meeting of the Comiss"^ Either Party agrieved, was to give in y'''^ appeal from which . part of the Jiidgm' as they should think eronious & not afterwards, and this Province, being thereby stript of the Beunefit & advantage of appealing from such part of the Coiniss"^ Judgm' as they should think unreasonable and Prejudicial, and that his Majesty might not think this House satisfied with all parts of the said Judgm'
Voted, That his Maj''*^^ Province think themselves agrieved by said Judgm' in the following particulars, viz. On the Southern Boundary, in that the Judgm' says, Beginning at the Southerly side of the Black Kocks so called at Low Water mark, when those Rocks are about a mile from the mouth of the River Merrymack, and neare three Quar- ters of a mile north from where it Emtys itself into the Atlantick sea or ocean. 2'"^' From a Parallel Line with the River in case a crooked Line should be run (which by no means we are humbly of opinion ought to be admitted) For we object against the runing a Crooked line Paralell to the River it being founded upon the old Charter of the Corporation of the Mass" Bay long since vacated.
Yet in such a case it ought to begin three miles to the north of the mouth of the River Merrymack at Low water mark where it Emptys it self into the Atlantic sea or ocean, & in that manner to run no fur- ther than the River hath a Westerly course and not to run Paralel to the River where it runs north & south, at three miles distance from the River and far beyond where wee apprehend it was formerly called Merrymack and more Particularly because the Province of the Mass"^ Bay [p. 514] now holds under the Charter of Wm & Mary which never intended a Crooked Line.
3<*'y As to the Northern Boundary we object against that part of ,the JudgmHhat says "through the mouth of Piscataqua Harbor & vip the middle of the River," Because we humbly conceive that Mr. Gorges Patent by which the Mass" claim, doth not convey any Right to the River, for the whole of that River and the Jurisdiction thereof hath ever been in the possession of this Province, & never claimed by the Massachusets, and this Province in order to preserve & safe guard the same have alwayes had a Castle and maintain'd a garrison there. And the Comittee appointed by the Gen" Assembly of this Province to lay all papers and Evidences relateing to the affaire of the Lines before the Comissioners are hereby directed to p'sent this vote imediately to the Court of Comiss'''* for settling the Lines & pray that the same may be entred at Large in their Minutes & made part of their Records.
By order of the House of Representatives.
James Jeffrey Cle' Ass".
Post Meridiem. The time to whicli the Council was adjourned to being past, A Mess'"" was sent to know if the Council were sitting, The Eeturn was, That there was no Council. This being the day the Appeal or Exceptions was to be filed and it Drawing neare sun setting, Another Mess'* was sent to know
1737.] JOURNAL OF THE HOUSE. 747
if there was a Council. Tlic Mess'' Retum'd for answer, That the Secretary told him there was no Council that he knew of, and that his ExcelP' was not known to be in the Province. Then the House ordered the Committee to hasten away, and fde the Exceptions, as they were drawn, & voted by the House.
Mr. Hugh Adams bro't in a Petition [p. 515] which was ordered to lye till the House had more time.
In the House of Representatives
Voted, That Mr. Speaker Wiggin, John Rindge Esqs, Mr. Samuel Smith, Mr. Geo. Walton, Capt John Smith Mr. Jotham Odiorn & Mr. Thomas Packer be a Comittee in be- half of this House to Represent to his Maj^'"" by a Memorial the Difficulties that we have met with in the affaire of the Dividing Lines between this his Maj"'^ Province and that of the Mass'' and with all humility to beg his Maj*'*"^ most Gra- cious favor therein.
Wheras the charges of the Comiss''^ about the affair of the Boundary Lines, the Entertainra* of them & those ap- pointed & obliged to attend upon them & assist in that atFairc has been attended with very great Expence, an ac- count of the same so far as is paid has been now laid before the Assembly, & there is yet a considerable sume wanting for payment of the further charges of the Comiss'^ & other charges yet not Bro't in & must imediately be paid, and whereas there is X500 Blanck Bills now in, Therefore Vuted^ that the XoOO Blank Bills aforesaid be imediately signed off by the signers that sign'd the last Emittion & put into tlio Treasury for the paym*^ of the Comiss""^ & charges Relating to the Boundary Lines, to be paid into the hands of the Comittee already appointed in that affaire & that they render an ac- count thereof to the Gen^^ Assembly, how expended, and that it be paid into the Treasury Ijy a Tax on the Poles & Estates of the Inhabitants of tliis Province by the 25^'' of December in the yeare 1710, and that an Act be Drawn up accordingly. 8^^ 14, 1737.
Then the House adjourned to the 15*'' currt.
[p. 516.] Saturday October 15"' A. D. 1737. Province of New hampshire.
In the House of Representatives. Voted that the Comittee appointed by the Province to lay
748 PKOVINCE OF NEW-HAMPSHIRE. [1737.
all papers, <fcc. & to entertain tlie Comiss'^^ in the affaire of the Lines be and hereby are directed & impowered to settle the accounts of charge in that affaire (according to the Judgm' of the Coniiss''^) with the Comittee of the Mass* Bay, and to pay or receive any Ballance that shall appeare to be due, & if said Comittees cannot agree Then to give said Accounts to the Comiss''* and pray them to tax the same as cost.
8' 15"' 1737. Sent up for concur.
Whereas the Province of the Mass^ Bay has Entred their Appeale in form against the Judgm*^ of the Hon"'^'' the Co- miss''*' in the affaire of the Lines, and for defending the same, and for Prosecuting that affaire on the part of New hamp- shire before his Maj^''' in Council, And Whereas John Thom- linson of London, Esq. hath hitherto as agent managed that affaire with extraordinary care and dilligence. Therefore, in the House of Representatives, Voted, That the said Johji Thomlinson be and is hereby desier'd and Impowered to carry on that affaire as agent for the Province of New hamp- shire before his Majesty in Council.
October 15"' 1737. James Jeffry, Cler. Ass".
Whereas the affaire of the Lines Require money to carry on that affaire now before his Maj"*^ in Council, Voted, That there be =£1000 in Bills of Credit Emitted & struck off on the new Plates, one Quarter part thereof on the Small Plate *& three Qua'' parts thereof on the Great Plate, & Signed off by the last signers of the Bills & put into the Treasury for the use [p. 517] afforesaid, and for a fund for payment of the same, That it be paid into the Treasury by a Tax on the Poles and Estates of the Inhabitants of this Province the one half thereof in the yeare 1738 and the other half in the yeare 1739 and that an Act be drawn up accordingly and that the same be paid into the hands of Mr. Speaker Wig- gin & John Rindge Esqs. with such as the Hon^'^" the Coun- cil shall appoint to receive the same for the use aforesaid and that they render an account of the same to the Gen'^ Assembly how Expended.
A Mess^ ])i Mr. Secretary that his Excell'' adjourn'd this Ass™ to Monday next 10 o' the clock and then Declar'd the Assembly adjourn'd accordingly.
1737.] JOURNAL OF THE HOUSE. 749
Monday October the 17"' A. D. 1737.
Votes sent up for concurrence, viz. For Mr. Thomlinson to be agent & a vote For a £1000 for paym* of the charges about the Lines.
The same Mess^ to Enquire after the vote of the ll^^' curr* for signing off the X500 Blank Bills and also what Avas done about the account that was audited.
Mr. Secretary answered that nothing was done on the <£500 and as to the account his Excellency would be here in a little time.
The vote of the House of the 15"' curr^ Relating to our Comittees accounting with the Mass^ Comittee about the charges of the Comiss"^ &c. Avas sent up and a Mess* to pray it may be past upon that the Comittees might proceed thereon & to pray for the account that Avas audited & vouchers thereon in order for the House to pass upon the same. [p. 518.] The aboA^e vote of the 15"' curr' Avith the Coun- cils vote thereon Relating to the Agent was sent down viz.
In the Council, October 17, 1737.
Whereas the Board has never been acquainted in form that the Mass'' has appealed nor that Mr. Thomlinson has hitherto mannaged the affaire of the lines Avith such Extra- ordinary care as mentioned in the above vote, and besides the said Mr. Thomlinson neither is or ever Avas an agent for this Province and the Council are of opinion That it is not for the Interest of this Province to Appeal or defend against any appeal made or to be made from the Judgment of the Hon'''" Comiss'"'' But that it is best humbly to sub- mit the matter as it now stands to his Maj*'''' Royal Pleasure, Therefore voted a non concurrence av*'' the above vote.
Rich" Waldron, Sec^'.
The Comittee appointed to lay all the Papers and Evi- dences before the Comiss''* Bro't in a Resolve of the Court of Comiss'^ Relating to the vote of Exceptions of this House presented them to be filed in the Avords following, viz.
Province of New Hampshire, October li, 1737. The Court met according to adjournm' &c. The Comittees or agents of the said Provinces of the Mass* Bay & New Hampshire appeared and the agents of the Mass'' presented an order of their Gen" Court in the following words, viz. (se the original on file) and the exception to & the appeal of the said Province from the Judgm' of tliis Court touching the Boundary lines of the said Provinces which was read in the words
750 PROVINCE OF NEW-HAMPSHIRE. [1737.
following, viz. (see the original on file) C) Then the Comittee for New liampshire produced a vote of the House of Representatives of that Province [p. 519] setting forth with what parts of the Judgm' of this Court touching the said Boundaries the Brovince of New hampshire Avas agrieved at & Excepted against. (-)
To which the agents of the Mass'' objected and took exceptions for that it was only a vote of one part of the Legislature which does not Represent the whole Province, AVhereas by the Ro'yall Commission constituting this Court the Exception to the Judgm' of this Court on the said Boundarys and appeal from the same ought to be taken by and come from the whole Legislature which is the Province, and after hearing the said Comittees on the objection and exception aforesaid the Court continued the matter for consideration till the next adjourn- m' of this Court & ordered the clerks to Inform the Committee of New hampshire of the Resolve of this Court thereon, and as the Gen" Court of New hampshire is now sitting the said Comittee might apply to the Gov'' & Council for their concurrence with the said vote if they see cause & then the Court adjourn'd to Monday next at 3 o' the clock p. M.
The above was read in the House.
Then the House adjourn'd to the 18"' Curr*.
Tuesday October IS^'' A. D. 1737.
The vote of this House of the 15*^ curr* for signing the £500 Blanck Bills return'd nonconcurr'd and the vote for Emitting XIOOO Return'd nonconcurr'd. The accounts & vouchers & Comittees Eeturn thereon Brought down and a vote of Council of the 17*'' curr't bro't down & Read, viz. In Council October the 17*'' 1737.
Yoted, That the X500 Blank in the Treasury be signed as soon as may be by the Comittee [p. 520] that sign'd the last new Bills & Lodg'd in the Treasury for the Discharge of the Publick Debts of the Province as they are or shall become due. And moreover that XIOOO be struck off of the new Plates & signed by the Comittee aforesaid & put into
(l)T)ie Papers lipre roffrred to nrp not found amonf; the Files of N. H. But the sub- Ftance of them is contained in a lull I!p])ort of "The Case of his Majesty's Province of New-Hampshire, upon two Apjipals I.'clating to the Boundaries between tliat I'rovince and the Province of the Jlassacliiisetts Bay. To be Heard before the Riofht Honorable the Lords of the Committee of his Majesty's most Honorable Privy-Council for hearing Appeals from the Plantations at the Council Chamber at Whitehall."
Signed by
D. RYDER W. MURRAY
N. B. This important printed Document is found in the Library of the N. H. His- storical Society, Concord, in folio torm, pp. 8, with other matters relating to the same abject, labeled, " Boundaries between N. U. & Mass." Ed.
(2) See the above said printed Documents. Ed.
1737.] JOURNAL OF THE HOUSE. 751
the Treasury for the purposes aforesaid that all persons that have any demands or just claims upon the Province may he honestly and justly paid & especially that the Hon'''® Comiss''^ may be hon"^'^' recompenced for their time Expended upon the affaire of the Lines and that the Treasurer be and hereby is directed to pay unto each of the said Hon'''*' the Comiss™ in addition to what is already paid them so much as shall make up thirty shillings pr day for each day of theire being upon the aforesaid Business as the half part of their Recom- pence to be paid by the Province. And Further voted, That the whole charge of tliis and the last ^r^essions of the Gen" Court be defrayed out of the sum above mentioned over and above the usual allowance.
Rich'' Waldron, Sec^ Then the House adjourned to the 19^'* curr*^.
Wednesday October the 19"^ A. D. 1737.
The above vote of Council for paym* of the Comiss" &c. read & nonconcnrr'd.
■ Whereas the Comittee of the Mass** Bay has been account- ing with the Comittee of the Province of New hampshire about the charges of the affaire of the Lines according to the Judgm* of the Hon''''^ Comiss''^ & the said Mass'' Comittee say they are ready to pay the Ballances of the charges to the Comittee of New Hampshire as soon as they are Legally im- power'd by the whole Legislature, — Therefore Voted, That the Comittee that mannaged that affaire of the Lines are hereby fully Impower'd to [p. 521] account with and receive or pay & Legall acquittances to give or Receive in that affaire to and w"' the Mass^ Comittee afforsaid.
James Jeffrey, Cler. Ass'".
The accounts that were audited was read & the Return of the Comittee of audit thereon and the vote of Council thereon all read, viz.
Province of New hampshire.
We the subscribers have examined the within account and find it Right cast and well vouched by the oath of Jolm Rindge Esq. the Touchers as on file — Dated the 1-1"' day of October, 1737.
Eph™ Dennet Josejih Sherburn Ellis Huske Nathaniel Weare Geo. Walton,
Committee.
752 PROVINCE OF NEW-HAMPSHIRE. [1737.
In Coimcil, 8, W 1737. Whereas tlie Comittee chosen by the Gen'^ Assembly to at- tend the Hon'"'*^ comiss''^ appointed by his Maj*''" for settling the Province Boundarys have presented an account to the Gen'^ Ass™ amounting to <£703 : 17 : 7. But not producing Receipts in support of the said account for so much as one halfe of the sum of the £500 which the said comittee have already rec'^ Therefore voted, that the said account ly for further consideration till sufficient and proper vouchers shall be produced to the satisfaction of the Gen'' Court.
Rich^^ Waldron, Sec-^
In the House of Representatives.
The articles of the within account Read and the Return of the comittee thereon and also the vote of Council thereon of S-- 17"^ 1737.
Voted, That the Return of the Comittee be received and that the account be accepted and the Ballance paid as soon as Provision is made for the same.
Whereas this House on the 17"' day of [p. 522] August last past presented a vote for the sum of £500 for the paym* and defraying the charges that hath accrued in settling the Lines, which said vote was non-concurr'd by his Maj'"'* Coun- cil, and as this House then apprehended it was for that the charges were not bro't in to the gen' assembly for allowance, since which an account of £703 : 17 : 7, part of the expence hath been laid before the gen" Court and allowed by the comittee of audit of both Houses to he well vouch'd tt Right cast, so that all his Maj"''® council (Except two) hath allowed under their hands the said account to be just and Right :
Yet so it is that the said account is disallowed by a vote of his Majesty's Council, and inasmuch as the said account of Expenses seems to be just and Reasonable & every article expended according to the true Intent of the gen" assembly, This House has allowed and voted the same accepted, and there will yet be wanting neare a £1000, and in as much as his Maj"*^ in Council the 9"' of February 173G, by consent of the agents of bothe Provinces did order the charges of the comission and the Execution thereof to be equally boarn by both Provinces agreeable to which the Hon''''' Court of comiss" hath passed their judgm*, and in as much as this House thinks it a great Indignity to his ]\raj*'° and an abuse to his Maj^'''^ Comiss'* that have with great fatigue & trouble
1737.] JOURNAL OF THE HOUSE. 753
attended on the said service of settling the Boundary lines if their Expences should not be paid and they Hon*''-'' recom- pensed for their time and trouble :
Therefore that the Fault may not lye at the door of this House, voted tliat the [p. 523] X5000 Blanck Bills — now in the Treasury be sign'd off by the [signers of the last] emission and put into the Treasury for the paym' of £202: 17 : 7, the Ballance of the acct. past this day in this House and the re- mainder of the said £500 be for paym* of what is yet unpaid by the Comittee on the part of New hampshire to the Comiss" after the rate of twenty shillings pr day for each Comiss' for each day they have been in Execution of the said Com- iss" and that for paym* of the Clerks and surveyors as far as the said £500 will go, and that the Treasurer be directed to pay the same to the Comittee that attended tlie affaire of the Lines for the paym*^ aforesaid as soon as may be.
And further, for paym* of the said Comiss'^ the Clerks, Surveyors and others charges there be a new Emission of the sum of £500 struck off of the new Plates the i pt. thereof on the small Plates and the other I on the Large Plate & sign'd off by the same Signers that sign'd the last Emission and put into the Treasury & that the Treasurer be directed to pay the same to the Comittee aforesaid for the paym* of the said Comiss" &c. as aforesaid, and that they render an account to the Gen'^ Assembly how expended in that affaire. And for a fund for paym* of the same, That it be paid by a Tax on the Poles and Estates of the Lihabitants of this Province and paid into the Treasury — the one halfe on the 25*^' of December in the yeare 1739, the other halfe on the 25^ of December, in the year 1740 and that an Act be drawn up accordingly.
8% 19'", 1737.
The vote of the 19 curr* for the Comittees of New hamp- shire & Mass^ to account.
The account as audited & votes thereon [p. 524] and the above vote all sent up for concurr*'.
"Whereas the Hon"'" Comiss''^ have now given in their final Judgm* and Determination on the affaire of the Lines and have received the Appeals and Exceptions of the Provinces and their is money wanting to carry on the affaire l)efore his Maj"'' in Council,
Therefore, Voted, That besides Avhat is mentioned in other votes of this day there be the sume of £1000 in Bills of 48
754 PROVINCE OF NEW-HAMPSHIRE. [1737.
Credit Emitted & Struck off on the new Plates, i part thereof on the Small Plate & I parts thereof on the Great Plate and sign'd off by the Signers that sign'd the last Emission & put into the Treasury, and that the Treasurer he directed to pay so much of the said sum of .£1000 to the Comittee appointed to manage the affaire of the Lines as will purchase a Bill of Exch'* to the valine of .£100 sterling, the remainder to lye in the Treasury for further Supply if wanted and if not wanted then to be for the paym' of other Debts as the Gen'^ Assembly shall order, and that as the aforesaid Comittee is very well acquainted with all the Papers and Records relating to the affaire of tlie Lines that they still proceed in the affaire & transmitt the Case home to the agent with the Bill aforesaid & proper Instructions to proceed as the affaire may Require and for a fund for paym* of the same into the Treasury againe, That there be a Tax laid on the Poles and Estates of the Inhabitants of this Prov- ince payable into the Treasury on the 25"' Day of Decem- ber 1740, the sum of £500 and the like sum of £500 pay- able into the Treasury on the 25*^^ day of December [p. 525] 1741, and that an Act be drawn up accordingly. 3r iQth 1737 '-iQiit up for concurrence Then the House adjournal to the 20"' Curr'.
Thursday Octol^er the 20"' A. D. 1737. The following vote was Bro't down from the Council and Read. viz.
In Council 8^ 20'^ 1737. "Voted That the £500 Blanck in the Treasury he imediately Sign'd off by the signers wliich sign'd the last Emission and put into the Treasury and tliat the Treasurer pay the Hon"'!'' the Comiss""^ so much out of the same as to make up twenty shillings pr day for each day of their being in the Execution of their Comiss" for settling the Lines.
R. Waldron, Sec^
The same day read in the House and non-concurr'd The above vote of Council Read and find the Council by this vote & a former has seem'd to make Provision for paym* of the Ilon^!'' the Comiss'"'' for each day of their being in the Execution of their Comiss" for settling the Lines and in neither of the votes taken any notice of the charges & pay-
1737.] JOURNAL OF THE HOUSE. 755
m^^ to any of the Clerks, Surveyors, doare Keeper &c. — Which in the Judgm^ of the said Comiss'* says shall be equally boarn by the Respective Provinces, and whereas there are votes of this House that have been some time with the Council which makes Provission as well for the officer as Comiss""^ (and all money Bills first proceeds from this House according to all Parliamentary proceedings) There- fore this House non-concurrs [p. 526] the above vote of Council and adheres to their own votes for the raising money for the paym* of the Comiss" (who are gone before the above vote of Council came to the House) and for paym* of the officers & charges accruing by Entertaining said Co- miss" etc.
The vote of the House of the 19^^ curr* for the Comittees of New hampshire and Mass^ to account sent down non-con- curr'd.
Whereas the Hon'''*' the Council on the IT^'^ Curr* sent a vote to this House " That they are of opinion that 'tis not for the interest of the Province to appeal or defend against " any apj^eal made or to be made from the Judgm' of the " Hon'''" Comiss''^ in the affaire of the Lines, But that it is " best humlily to submit the matter as now stands to his " Maj^'*'^ Royal Pleasure ; " and since the Mass** has made their Appeal in Form, and this House has put in their paper of Exceptions & that the agent may be well Inform'd of the matter & the proceedings about the same, and to prosecute the atfaire to effect before his Maj"*' in Council until 'tis finally ended. And Whereas the Comittee that has managed that affaire has full knowledge of the same, Therefore Voted, That they are hereby fully Impower'd as this House can do to transmit all the case and further Plaes as the same may require to Mr. Agent Thomlinson and to prosecute & defend the same and to give him such directions & Instructions as they shall think best. Voted unanimously.
Voted on Portsmouth South Parish Petition that it be heard the 2^ day of the Sitting of the [p. 527] Gen. Ass™ next sessions.
Voted that Rye and Hampton affaire be continued to the 2*^ day of the sitting of the Assemljly next Sessions.
Whereas the Hon^'*^ Comiss'"* has now made an end of their Court & made up their Judgm* and finall Determina- tion from which the Mass"^ Bay has filed their Appeale in Form, and this Province of New hampshire (That is the
756 PROVINCE OF NEW-HAMPSHIRE. [1737.
Comittee by direction of the House of Representatives) has filed their Exceptions to what they tho't convenient and whereas the affaire has been attended with great expense and this House has endeavoured to Raise money on the Pub- lick, But the Council will not come into Raising any money or to prosecute any appeal or Exception or defend against the Massachusetts Appeal : But that the affaire may not fall through after so much Expence and so faire a prospect of obtaining our desiers, This House has tho't fit to appoint & authorize the Comittee that has mannaged that affaire before the Comiss'^* to transmit the copys of the case home to the agent & to prosecute and defend the same to finall conclu- sion, and since his Maj"*^^ Council will not come into any measure to Raise money to carry on that affaire nor to pay what is already Expended, Therefore this House thinks it very reasonable to Recommend it to the several Towns in this Province for the Inhabitants to contribute what they please to carry on the affaire before his Maj^'*' in Council (which they may put into the hands of some of their Inhab- itants to be paid said Comittee for the use afforesaid) & that an Ace* be kept of each man's subscription that if the Publick shall [p. 528] hereafter pay the charges each p'son may and shall receive his money again e or some other ample satisfaction.
October the 20"^ 1737, By order of the House.
James Jeffry, Cler. Ass™.
A Mess'^ pr Mr. Secretary Waldron That our Votes for supply of the Treasury was all noncurr'd by the Coun- cil, And that his Excellency Prorogued this Assembly to the first of March next.
And then Mr. Secretary declared the Assembly Prorogued accordingly.
JOURNAL OF THE GENERAL ASSEMBLY
UNDER THE ADMINISTRATION OF
GOVERNOR JONATHAN BELCHER,
Fro77i August 25, 1730, to October W, 1737.
[Copied from "Journal of Council and Assembly, 1729-1742," in Secretary's office.]
[XOTE IJY THE EDITOR.]
The following Records of tlie General Assembly from the beginning of Gov. Belcher's Administration, August 25*, 1730, to the determin- ation of the Boundary lines by the Commissioners, or to October 20"', 1737, are very scanty. During the abovesaid period, the Council, or a majority of them, with Gov. Belcher at their head, opposed all the measures of the House in relation to the boundary lines. Consequent- ly, the House was obliged to assume responsibility and in a degree to act independently of the Council: but with ability and persistence wor- tliy of the cause, they carried most of their measures through, and with the aid of their wise and distinguished agent, John Thomlinson, Esq., of England, finally gained their object. In transcribing this "Journal of the General Assembly " the Editor has made an exact copy of all the proceedings, but has taken the liberty to omit the frequent repeti- tion of the names of the Governor and Council, at the several sessions, instead thereof often saying, [Present as before] ; to avoid (lyplicating the record, frequent reference is made to the " Journal of the House."
[p. 26.] Prov. of N. Hamp^
At a General Assembly held at Ports" by Prorogation Tuesday Aug* 25, 1730.
Present His Excellency Jonathan Belcher Esq. Gov"" His Hon-^ John Wentworth, Esq. Lt. GoV. Shad=* Walton J Jn° Frost )
Geo. Jaffrey > Esqs. Joth. Odiorne > Esqs. Rich'' Wibird ) H. Sherburne )
Ad/ til tomorrow, 10 o'clock a, m.
758 PROVINCE OF NEW-nAMP>SHIRE. [1730,
Prov: N. Hamj/. At a General Assem. held at Portsm°, by adjS Wednesday, Aug^ 26, 1730.
Present His Excellency, Jonathan Belcher Esq. Gov' His Hon"^ John Wentworth Esq. Lt. Gov"". Shad'' Walton J John Frost )
Geo. Jaffrey > Esqs. Joth. Odiorne > Esqs. Eich'^ Wibird ) Hen. Sherburne )
A message to the House by the Clerk to require their at- tendance at the Council Board, the Speaker and House came up accordingly to whom his Exccll-^' was pleased to make the following Speech of which the Speaker obtained a coppy.
[See Journal of the House, p. 562,]
[p. 30.] A Message to the Board by Messrs Walker and Jaffrey w*'' his Majesty's 32 Instruction to his Excellency relating to a fix'd Salary, and his 77^" Instruction ab* settling the Divisional line of the two Provinces of New Hamp"^ and the Mass^.
Adj. til tomorrow 10 o'clock a. m.
Pro : of New Hamp^ At a General Assembly held at Portsni" by adj'S Thursday, August 27, 1730
Present His Excellency Jonathan Belcher Esq. Gov'' His Hon' John Wentworth Esq. Lt. Gov'' Shad'' Walton \ Jno. Frost )
Geo. Jaffrey > Esqs. Joth. Odiorne > Esqs. Rich'' Wibird ) Hen. Sherburne )
Messrs, McKeen k McMurphy Preferrd a Petition w'^^ was read and sent down by Capt. Odiorne. Adj*^ til tomorrow, 10 o'clock a. m.
[p. 31.] Pro : of N. Ilamp''. At a General Assembly held at Portsmouth by adj* Fryday, Aug'^ 28, 1730.
[Present His Excellency ct Council as before.] A message to the Board by Messrs. Dennet and Goffe with the Assembly's Answer to the Gov''^ Speech whicli he took to himself together w"' a bill for settling a salary, anothe r
1730.] JOURNAL OF GENERAL ASSEMBLY. 759
Bill for adjourning the Quarter Sessions, and a vote for a Comittee of audit w'^'" vote is as follows.
In the House of lleprescnt^ August 28, 1730, Voted That Joshua Peirce and Theodore Atkinson Esqs. be a Comittee of this House to joync with a Committee of the Upper House to Examine the accounts relating to the Province, and make report to the General Assembly for their approbation.
J. Jeffry, Cler. Assem. In Coun Eod"^ die Read and concurr'd, & Capt. Wibird and Capt. Sherburne appointed for the service above.
R. Waldron, Cler. Con. A message from his ExcelP' to the House in writing by Messrs Jaffry, Wibird and Odiorne, as follows : [See Journal of the House, p. 566.] Adj'' til tomorrow 10 o'clock a. m.
[p. 33.] Pro : N. Hamp^ At a General Assembly by adj't Saturday Aug* 29"' 1730.
Present His Excellency Jon'* Belcher Esq. Gov^ His Hon'" John Wentworth Esq. Lt. Gov^ Shad^ Walton ) ^ ■ Rich'' Wibird ) ^
Geo. Jaffrey \ ^ ' Joth Odiorne ) ^
H Sherburne Esq. Adj'' til Monday next 9 oclock a. m.
Pro : N. Hamp^ At a Gen' Assem. by adj* IMondav Aug^' 31^S 1730.
[Present His Excellency and Council as before.]
A message to the Asseml)ly from his Hon. y® Lt. Gov"" by Mess''' Jaffry Wibird and Sherlmrne (viz.) That the Lt. Gov^ quitted all claim to any part of the Salary to be settled on his Excellency the Gov"" Pursuant to the King's Instruction and had no Expectation nor dependance on the Assembly for any allowance for the future but depend wholly on his Excellency.
[p. 34.] A message to the Board w"' the vote for a Salary, as on file, not entred because comprehended in the Act.
By the same Message the following vote.
760 PROVINCE OF NEW-HAMPSHIRE. [1730.
In the House of Represen**.
Aiig^f 31, 1730. Wliercas his Majesty liath ])y his 77"^ In- struction to his Excellency Governor Belcher directed to the choice of some discreet and indiiferent Persons out of some of the neighboring Colonys under his Majesty's immediate Government who are to be invested with sufficient powers to draw the dividing lines and to determine the dispute between this Province and the Province of the Mass^,
Voted, That this House in obedience to the said Instruc- tion, and his Excellency's proposal thereon, will make choice of three such persons as therein are directed to, in case the Massachusetts Goverm* will do the like, in order to have the lines drawn and an end made to the said dispute as soon as possible.
J Jeffi'ey Cler. Assem.
In Council Eod die Read and Concurr'd.
R Waldron Cler Con
Adj'' til tomorrow 10 o'clock a. m.
Pro : N. Hamp'". At a Gen' Assembly held at Portsm° by adjt Tuesday Sept. V\ 1730
[Present — His Excellency and Council as before.]
A message to the Board by Sundry members w*^'^ the fol- lowing allowances Pass'd both Houses.
[p. 53.] To his Hon'" the Lt. Gov'' in full for his service,
as Comniand''-in-Chief for the time past £100:
To Rich<^ Waklron for his service, as Cler. Con. one year
ending 25"^ April, 1730 £ 75 :
To Theo. Atkinson, Esq. for service as Sher. one year ending y'^ 1*' of May, 1730, £15 and £7 : 4 for return- ing Juroi'S £ 22 : 4
To AVilliam Fellows for Public Expences, £ 3 : 10 : 8
To Benj. Akerman for service as doorkeep'', 1729, £ 10: :
A message to the House to require their attend* at the Council Board, the Speaker and House came up according- ly, and the Bills whose titles are under written having had their several readings &: l)een pass'd in both Houses the same were sign'd and seal'd in Presence of the General assembly, viz.
1**^ An act for settling a Salary of two hundred pounds sterling or six hundred pounds Province Bills of Credit pr
1730.] JOURNAL OP GENERAL ASSEMBLY. 761
annum on his Excellency Jonathan Belcher, Esq. Governor and Command'' in Chief in and over the Province aforesaid. 2'' An act for Emitting the sum of thirteen hundred pounds in bills of Credit on this Province
3'' An act for adjourning the Court of Gen^ Quarter Ses- sions of the Peace.
Then by his Excellency's order the Gen' assembly was Prorogued To y-^ 19*" Nov-^ next.
[p. 36.] Pro : N. Hamj/.
At a General Assembly held at Portsni*' by Prorogation Thursday Nov"- 19, 1730.
Present His Excellency Jonathan Belcher Esq Gov"" His Hon'' John Wentworth Esq Lt Gov"" Shad* Walton ) ^ Joth Odiorne ) ^
Rich'i Wibird \ ^^^^- Hen: Sherburne \ ^^^^
A message to the House by the Clerk from his Excell^ to require their attendance at the Board The Speaker and House came up accordingly to whom his Excell^' was pleased to make the following Speech :
[See Journal of the House, p. 573.] [p. 37.] The Speaker Pray'd a copy of y*^ foregoing Speech w'=" was granted (and afterward sent down by the Clerk). Then the House w"'drew
A message to his Excelly by Messrs Peirce and Atkinson praying to be informed how far the Gen^ Assem of the Mass* had proceeded in y*^ choice of Comiss''^ to settle the line. His ExcelP answered they had chose three Persons. Adj'* til tomorrow 10 o'clock a. m.
[p. 38.] Pro : of N. Hamp''. At a General Assembly held at Portsmouth by adjournment Fryday Nov"" 20"' 1730.
Present His Excellency Jonathan Belcher Esq Gov"^ His Honor John AVentworth Esq Lt Gov"^ Shad* Walton ) -^ Joth. Odiorne ) p
Rich^ Wibird j ^^^^' Hen. Sherburne / ^^^^
A message from his Excellency to the House in writing pr the Clerk as follows,
762 PROVINCE OF NEW-HAMPSHIRE. [1730.
Gent, of the House of Represents,
The affair of the line is of such consequence to the Peace of this Province that I hope you will let nothing postjDone your consideration of it and as the Mass'' have chosen three Gent" of unexceptionable knowledge and integrity I should think it would be wise in this Assem- bly to agree to the choice they have made, and to add to them two more in Avhich I should not doubt a hearty concurrence of the Mass" and it must doubtless give the best prospect of success if both Assem- blys agree in the same men. I hope and believe you will so proceed as that y*^ world may see you are sincerely desirous to see a happy issue of this uncomfortable affair. J. Belcher.
A message to the Board by Mess" Mathes and Stevens with a vote for Commissioners to settle the boundary lines w*^'' was read and return'd & a vote of Council relating thereto sent down by y® same message, viz. Messrs Odiorne, Sherburne k j" Clerk.
Adj"^ til tomorrow 10 o'clock a. m.
Pro : of N. Hamp^ At a Gen' Assembly held at Portsm° by adj* Saturday NoV 21^* 1730.
[Present as before.] [p. 39.] A message to the Board by Messrs Goffe and Stevens w*^** the vote of Council ab* y® line sent down yester- day, and a new vote of the house relating to the same affair.
A message to the House by Messrs. Odiorne and Shcrburn to propose a Conferrence on Monday next at 4 o'clock p. M. which y® House consented to.
A message to the House by y' Cler. to adjourn the'm til Monday next 4 o'clock p. m.
Pro : of N. Hamp^ At a General Assembly held at Ports- mouth by adjournment Monday Nov"" 23, 1730. [Present as before.]
A message to the House by the Clerk to notify them that the Council were ready for the Conference proposed a Satur- day last on the subject matter of settling the boundaries be- tween this & y*^ Mass'*.
The Speak' and house attended at the Board, and having fully discoursed the affair, withdrew.
Adjourned til tomorrow, 10 oclock, a. m.
1730.] JOURNAL OP GENERAL ASSEMBLY. 763
Pro : of N. Hamp'.
At a General Assembly held at Portsm° by adj' Tuesday Nov-- 24*'^ 1730.
Present His Excellency Jonathan Belcher Esq Gov' His Hon"" JohnWentworth Esq Lt Gov' Shad^ Walton ) ^ Joth Odiorne ) -p_.
Pich'^ Wibird \ ^^^^ H. Sherburne \ ^""^^
A message to the Board, w"* a vote for chusing Comiss'^ &c. to settle y^ line w*^'^ was concurred & is comprehended in y*' act y*" s'' vote is on file.
[p. 40.] By the same message the following votes : In the House of Represe**. Nov' 24'^' 1730. Voted That Josh^ Peirce and Theo. Atkinson Esq. be a Committe of this House to Joyne w*'^ a Committe of y*^ Up- per House to Examine the accounts relating to the Province and make report to the Gen' xVssem for approbation
J Jeffry Cler Assem In Conn Eod die Read and Concurr'd and Henry Sherburne Esq. appointed for the service above.
R Waldron Cler Con. I assent to the above vote
J. Belcher.
In the House of Represent^ Nov. 24''^ 1730. Voted, That Mr. Speaker Wiggin, Nath' Weare Esq. and Mr. Bart'"' Thing be a committee of this House to joyn with a committe of the upper House, to Examine the Table of fees, and Rectify it & make return to the gen', assembly for approbation.
James Jeffry cV. ass™ In Coun. Eod die.
Read and concurr'd and Messrs. Walton, Wibird and Odiorne appointed for the service above.
R. Waldron Cler Con. I assent to the above vote.
Nov. 25. J. Belcher,
Adj'^. til tomorrow 10 o'clock a. m.
IQi PROVINCE OF NEW-HAMPSHIRE. [1730.
Pro : of N. Ham"'.
At a gen', assembly held at Portsm^, by adj*. Wednesday, Nov. 25"' 1730.
[Present as before] A message to tlie Board w*^^ a vote for altering y* Place of y® Courts sitting, & preparing a bill 'w^^ was concurred — as on file. The s'^ vote is comprehended in the act. [p. 41.] By the same message the following vote.
In the House of Representatives, Nov. 25, 1730. Voted, That the Province Tax for the yeare 1731, be paid into the Treasury in the same Proportion that was last set- tled, and that the Treasurer Issue out his warrants to the several Towns and Districts accordingly.
J. Jeffry cl"". ass"i In Conn Eod die
Rfead and concurr'd. R. Waldron, Cler Con.
I assent to the above vote.
9' 25, J. Belcher.
Adj*^ til to-morrow 10 o'clock a. m.
1
Pro : of N. Hamp'',
At a Gen' assem. held at Portsm°, by adjournm* Thursday, Nov. 26, 1730. Present His Excellency Jonathan Belcher, Esq. Gov^ His Hon^ John Wentworth Esq. Lt Gov"". Shad^ Walton ) ^ Joth. Odiorne ) p
Rich" Wibird \ ^^^^ H. Sherburne \ ^""^^
The Boston Deacons preferred a Petition Praying for y'^ Exchange of this Province broken bills at Boston. Read and laid aside.
A message to the Board w**" a bill for appointing Commis- sioners past both Houses.
Adj<^ til tomorrow, 10 o'clock a. m.
Pro : of N. Hamp^
At a gen', assembly held at Portsm° by adjournm^ Fryday Nov'" 27,1780.
[Present as before.]
Adj'^ til tomorrow, 10 o'clock a. m.
1730.] JOURNAL OF GENERAL ASSEMBLY. 765
[p. 42.] Pro : of N. Hamj/.
At a general assembly held at Portsmouth by adj* Satur- . day Nov. 28"' 1730.
Present
His Excellency Jonathan Belcher Esq Gov"". His Hon^ John Wentworth Esq Lt Gov'.
Shad^ Walton ) j^ Joth. Odiorne ) ^ Rich-' Wibird \ ^^^^ Hen. Sherburne \ ^^'^^ His Excellency was pleased to send the following message to the House in writing by the clerk.
[See Journal of the House p. 579.] [p. 45.] The Committee appointed to examine Dover Town book made their Report this day as on file. (See p. 20, 21 of Journal.)
The Committee appointed to report the Proper boundarys between the Parish of Hampton old & Rye, made their Re- port this day as on file w'^'' produced the following votes of gen^ assemi3ly.
In the House of Represent*. Upon the hearing the Persons concerned in the Rye Peti- tion for a line towards Hampton (vide page 19, 20,) and upon hearing the partys of Rye and Hampton and their ar- guments, both agreeing on the draught Voted That there shall be added to the Parish of Rye by a line beginning at David Smith's lot at Portsmouth line and to run westw'' as said Smiths lot runs the length of the first North Division in Hampton taking in the said Smiths lot and to run west- ward one quarter of a mile towards Hampton as the lotts called the quarter of a mile lotts run and then to run down to the sea at the westerly end of the said quarter of a mile lotts taking the Jenniss and Philbrick's land to the sea, and the Persons and Estates within these lines to belong to Rye to all intents and purposes.
James Jefifry Cler. ass""
Upon reconsidering the above vote, Voted That this addition ])e made to the above vote (viz.) That the Estates of Joseph Brown James Fuller Jos. Marston and Francis Lock which lye in the first north Division in Hampton do pay to the Parish of Rye all taxes thereon,
James Jeffry Cler. ass™
766 PROVINCE OF NEW-HAMPSHIRE. [1730.
[p. 46.] In Council, Nov. 28, 1730.
Read and concurr'd w'*" the foregoing votes.
Rich Waldron Cler. Con. I assent to the preceding votes
9' 28, J. Belcher.
Upon the Petition of Stephen Batchelour, In the House of Represent' Nov. 27, 1730. "Voted, That the said Stephen Batchelour be hereby dis- miss'd from paying to the Parish of Rye any Rates or Taxes.
.James Jeffry Cler ass™ In Conn. Nov. 28, 1730.
R Waldron Cler. Con. I assent to the above votes.
9' 28, J. Belcher.
Ad'*^ til Monday 10 o'clock a. m.
Pro : of N. IIamp^
At a gen' , assembly held at Portsm'' by adj* Monday Nov. 30"^ 1730
[Present as Before] Adj"^. til tomorrow, 10 o'clock a. m.
Pro : of N. Hamp''
At a Gen' Assembly held at Portsm° by Adj* Tuesday, Dec. V^ 1730.
Present
His Excellency Jonathan Belcher Esq Gov""
His Hon'' John Wentworth Esq Lt Gov''
Shad--^ Walton ) ^ Joth Odiorne \ ^
Rich'' Wibird \ ^^^"^ Hen Sherburn \ ^^^^'
The Selectmen Preferr'd a Petition praying to have a Represent for their Parish read and dismiss'd — viz. Parish of Greenland.
[p. 47.] A message to the Board w"^ sundry votes and allowances as follow — Passed both Houses.
To the Judcfes of the Sup"" Court for Extraordinary time of y« Tryal of Ambler, &c. £10 : 0 : 0
To Paul Gorrish, Esq. for service on y' affair, £ 2:0:0
To Each Juror 2s pr day on same acct.
To Jam^ eTeffry for a years service as Cler Assem end- ing Nov. 19'!' 1730 £15 : 0 : 0
1730.] JOURNAL OF GENERAL ASSEMBLY. 767
In the House of Represent* Dec. 1, 1730. Voted, That Joshua Peirce, Esq. be recorder of Deeds for the Province of New Hampshire, for one year from the date hereof and until the end of the next sitting of the Assem- bly after the year is ended and that he enter upon the sev- eral deeds he records and Coi)ys he gives out the Price he takes for the same. Jam Jeffry Cler Assem.
In Coun Eod. die Read and Concurr'd R Waldron Cler Con.
I assent to the above vote. J. Belcher.
His Excellency was pleased this day to appoint Richard Waldron, (^) Sec''^ and accordingly signed his Commission
In Coun. Dec. 1, 1730.
Upon reading the report of the Committee appointed to examine Dover Town-book.
Voted, That another Committe be chosen to make a more Exact and particular Inquiry into the several grants and returns in said book, supposed to be corrupt and vicious; and that they have full power to summon & examine [p. 48] any Person or Persons upon oath, in order to discover the truth as far as may be, and any Person or Per-
(') RiciiAno Waldrox [jun.] above named as Secretary, was the son of Richard Waldron Esq. who died Mar. 30, 1730, aged 80, and grandson of Major Richard Waldron, of Dover, who was killed by the Indians, 1689. He was born Febrnary 21, 1694, and graduated at Harvard College in 1712. He first resided on his paternal estate in Dover, but removed afterward to Portsmouth, and lived on the plains. On the decease of his father he was appointed Secretary of the Prov- ince and soon after, Councilor. In 1737 he was appointed Judge of Probate. He retained these offices as long as Gov. Belcher was in office; but, soon after Governor Benning Wentworth commenced his administration, he suspended Mr. Waldron as Councilor, removed him from office, and appointed Theodore Atkinson Secretary, and Andrew Wiggin, Judge of Probate. In 1749, he was elected a repre- sentative of Hampton, and when the Assembly met, was imanimously chosen Speaker but was not accepted by Gov. Benning Wentworth; hence arose a conflict between Gov. Wentworth and the Assembly, and a conspiracy to remove the Gov'' from office. Mr. Waldron was a per- son of distinguished talents and literary acquirements. A strong friendship existed between him and Governor Belcher, which continued through life. He died in 1753, aged 59.
[Note. Many of Gov. Belcher's letters to Jlr. Waldron. and copies of Waldron's letters to the Governor, are preserved in the Archives of the Js'. H. Hist. Soc 1 Ed.
768 PROVINCE OF NEW-HAMPSHIRE. [1730.
sons duly convened by summon before the said Comitte, & refusing to declare upon oath what he or they know of the affair, shall be comitted to prison by s"* Comitte, or the major part of them, there to remain til they comply to take their oaths, and that then the said Comitte give publick notice on all the meeting houses in Dover (with convenient time for all persons that have any claims to any land by virtue of the aforesaid supposed vicious grants or returns) to make out the same before the said Comittee, at a certain day, and when the s'' Comittee have made a strict examination in the Town-book & fully heard all the claimers upon their Grants & returns, then to make a particular report how many cor- rupt & vicious grants and returns they find on the said book, with the dates thereof, in what folios of the book they stand recorded, and who are the respective grantees, & what quan- tity of acres is mention'd in each grant & return, in order to the General Assembly's proceeding thereon as to justice doth appertain ; and that Mr, Odiorn and Mr. Sherburne be of the Comitte from the Council to joyn with such as the House shall appoint to Act in the above affair.
R. Waldron, Sec^. In the House of Represent'. Eod. die.
The above vote was read and concurr'd, w*'' this Amend- ment, That the whole Town of Dover pay the charge of the Comitte, and that Nath' Weare & Theod'*" Atkinson, Esq. be a Comitte of this House to joyne w"' the above Comittee to act in the above affaire.
Jam. Jeffry, Cler. Assem. In Coun. Eod. die.
Concurr'd w"' the foregoing amendm*
R. Waldron, Sec^
I assent to the foregoing votes. J. Belcher.
Auditors Report viz. That there is due from the Province to the following Persons the Sums set against their names: To Benj" Rust for Expences at the Governours arrival
in full £ 7:5:5
To Josh* Wingate for ut Supra £64 : 5 : 3
To John Newniarch for repairing the fort boat £ 5 : :
Thomas Deans Acount by reason of its long standing,
referr'd to the General Assembly To John Robinson for work at the Fort in full (If no
part before paid) £29:9:0
The above allowed by the General Assembly
R. Waldron, Sec?
1730.] JOURNAL OF GENERAL ASSEMBLY. 769
The Committe appointed to examine the Table of fees reported, that it would be proper to make an addition to them. <fcc. which was accepted, and the addition which they proposed is comprehended in the Act.
In Answer to the Petition of Salathiel Denbow, praying for some allowance in consideration of a wound he received in the late Warr, and likewise for the restoration of a Gun taken from him :
In the House of Represent*
Voted, That the Petitioner be paid out of the Publick Treasury for this year the sum of ten pounds ; and live pounds [p. 50] for seven years next ensuing, if he so long live, and that he has his gun given him out of the stores and that his Excellency is desired to give orders accordingly. Dec. 1, 1730. Jam* Jeffrey Cler Assm.
In Conn. Eod. die. Read and concurr'd R Waldron Sec'
I assent to the above vote Dec. 1. J. Belcher.
A vote for an allowance to Benj'^ Rust for house room etc. being bro't up was read but non-concurr'd as on file.
The Selectmen of Portsmouth laid a representation before his Excellency and the Council, from the Court of General Quarter Sessions of the Peace (pursuant to a Law of the Province) humbly showing that the sum of seven pounds nineteen shillings was due from the Province to the said Town of Portsmouth: — Whereupon, It was ordered that a warr* be made out on the Treasury for the same ; which was done accordingly. *
Adjourn'd til tomorrow, 10 o'clock a. m.
Pro : of N. Hamp'
At a General Assembly held at Portsm°, bv adjournm*, Wednesday Dec. 2^ 1730.
Present His Excellency Jonathan Belcher Esq. Gov His Hon'' John Wentworth Esq Lt Gov""
Shad'' Walton ) -p, Jotham Odiorne \ -p,
Rich'^ Wibird \ ^^^^- Hen. Sherburne / ^^^^• [p. 51.] His Excellency was pleased this day to commu- nicate to the Board a letter from Thomas Westljrook Esq. 49
770 PROVINCE OF NEW-HAMPSHIRE. [1730.
shewing forth that he the said Westbrook had removed his residence from this Province into the County of York and therefore huml)ly Jmmbly praying a dismission from the Coun- cil in said Province: Which his Excellency was pleased to grant ; and then observing, That as there were but six Coun- cillors now in the Province (exclusive of the Lieut. Gov"^) and two of them being conlined by bodily indisposition, and one of them so Ijad that it was not likely he would be ever able to give a constant attendance at the Board again, was pleased to propose the admission of another member & ac- cordingly nominated Picliard Waldron Esq. whom (Pursu- ant to his Majesty's Commission and Instructions to his Excellency in such cases) his Excellency was pleased to admit after his taking the proper oaths, which were admin- ister'd by Jotham Odiorne and Henry Sherburne, Esqs. and then the said Waldron took his place at the Board accord- ingly.
A message to the House by Henry Sherburne, Esq. with a vote of Council for a Committe to draft an Address to his Majesty which w^as returned and is as follows :
In Council, Dec. 2-^ 1730. Voted, That there be an Address of thanks to his Majesty in favour of his Excellency the Gov &c. and that Rich*^ Wibird and Rich'^ Waldron, Esq^ be of the Committe from the Council to joyn with such as the House shall chuse to make a draft of the said Address and when it is drafted and engross'd to be signed by the Secretary in behalf of the Council and by the Speaker in ])ehalf [p. 52] of the Repre- sentatives in the recess of the Court.
R Waldron Sec^
In the House of Represen*^ Eod. die. Read and concurr'd, and voted, that Theodore Atkinson Esq. and Mr. Eph^ Dennet be a Comitte from this House to joyn with the above for the end abovesaid.
Jam^ Jeflfry Cler Assem. I assent to the above vote.
J. Belcher.
A message to the Board with the following votes.
In the House of Represent* Voted That his Excellency draw his next half year's
1730. J JOURNAL OP GENERAL ASSEMBLY. 771
Salary when the first half year ends, (the 25"' C) Feb'^ next, and so half yearly.
Dec. 2'^, 1730. James Jeffry Cler Assm.
Read and Concurr'd R. Waldron Sec''
I assent to the above vote.
J. Belcher. In the House of Represen** Voted That Theodore Atkinson and Josh* Peirce Esqs be a Committe of this house to joyn with a Committe of the upper house to draw up all the Acts now to be drawn. Dec. 2'^ 1732.(0 Jam^ Jeffry Cler Assem.
In Conn. Eod die Read and Concurr'd and Rich'^ Wibird Esq. and Jotham Odiorne Esqs. appointed for the service above, [p. 53.] R. Waldron Sec^
I assent to the above vote.
J. Belcher. In the House of Represen*^^ Voted — That there by sign'd off by those signers already appointed, the sum of seven hundred pounds of the new Bills already impress'd, and by those vsigners put into the Publick Treasury for the defreyiug the charges on the Prov- ince lines and other charges as the Assembly shall direct, and to repay the same that it be raised by a tax on the Polls and Estates of the Inhabitants of this Province in the year 1741 and when bro't into the Treasury to be burnt in Pres- ence of the General Assembly and that an Act be drawn up accordingly. ' Dec. 2^ 1730. Jam^ Jeffry Cler Assm.
In Coun. Eod. die. Read and concurr'd R. Waldron Secy.
I assent to the above vote.
J. Belcher. A message to the Board with a vote of the House for Post- poneing the paym' of the outstanding Bills [p. 54] and the emission of six thousand pounds for repairing the fortifica- tions, and building a Court House at Portsmouth ; where- upon his Excellency produced his Instructions prohibiting
(1) In Journ. of the House, 24t^ [Ed.
(2) Probably au error of the Clerk. (1730?)
772 PROVINCE OF NEW-HAMPSHIRE. [1730.
his assent to any bill for the Emission of any more paper currency, except for the support of the government, as also requireing him to take especial care that the outstanding Bills be call'd in and sunk according to the Periods and Provisions of the respective acts by which they were Issued : However, his Excellency was pleased to acquaint the Board That if they tho't the scheme of the House would be for the Interest of the Province and saw meet to have a prop- er Bill drawn and vote a concurrence upon it he would readi- ly sign it with a saving clause that it should not take effect 'til his Majesties Pleasure should be known, or send it home without his signing and use his best Interest for leave to sign it : and accordingly a Bill was prepared and Pass'd both Houses, & his Excellency had a copy of it to send home in ord'' to obtain his Majestys leave for signing the same. Adjourn'd til tomorrow, 10 o'clock, a. m.
Pro : of N. Hamp''. At a general assembly held at Portsm° by adjournm* Dec' 3*^ 1730.
Present
His Excellency Jonathan Belcher Esq Gov''.
His Hon^ John Wentworth, Esq Lt. Gov^ Shad^ Walton ] ^ Joth. Odiorne
Eich'^ Wibird \ ' '■ Henry Sherburne.
The Committe appointed yesterday to make the draft of an address to his Majesty this day [p. 55] reported the same which was accepted by both Houses & is as follows;
[See Journal of the House p. 584.] [p. 57.] A message to the House by the Secretary to re- quire their attendance at the Council Board. The Speaker and House came up accordingly and the several Bills, whose titles are as follows, being sign'd and seal'd in -Presence of the general assembly (as also the foregoing Address) viz.
An act for adjourning the Court of General Quarter Ses- sions of the Peace.
An Act in addition to an act made and Passed in Janu- ary 1715, Entituled an Act for the inspecting and suppress- ing disorders in licensed houses.
An act appointing Commissioners to settle the boundaries between his Majestys Provinces of New Hampshire and the Mass^ Bay.
1731.] JOURNAL OF GENERAL ASSEMBLY. 773
[p. 58.] All Act in addition to an Act, Entituled an Act for regulating- Fees.
An Act for the Emitting seven hundred pounds paper Bills.
An act for removing three of the Courts of General Quar- ter Sessions of the Peace and Inferior Court of Common Pleas from Portsmouth to Exeter, Hampton and Dover.
His Excellency was pleased to declare that as he should have no opportunity of seeing the Present Assembly again til the term of their continuance would expire by law, he thought proper now to disolvc and accordingly they were in his Majesty's name.
Dissolved.
His Excellency was pleased this day to nominate and ap- point (in Council) the civil officers for this his Majestys Province acquainting the Council at the same time, that altho' the nomination and appointments appertained to him yet he should readily give ear to any objections, that his Majestys Council should ever make to such nominations and give them their due consideration and full weight. Then his Excellency Proceeded to sign the Comissions for the Supcriour Court, Inferior Court & y® Peace, likewise the Commissions for High Sheriff & Coroners.
His Excellency was pleased to Propose the Issuing a Pre- cept for a new assembly, which the Council advised to when his Excellency should think proper.
[p. 59.] Pro : of New Hampshire.
At a general assembly held at Portsmouth Feb^ 3'' 1730-1.
Present His Hon. Shad* Walton Esq Preside
Geo. Jaftrey Esq Hen Sherburn ) -p,
Jotham Odiorne Rich'^ Waldron ) ^
Mr. Sheriff Atkinson made return of the Kings Precept for electing an Assembly with y*" names of the Persons Elected to serve kc which are as follows.
SCapt. Jno. Rindge Jam* Clarkson Esq. Theo. Atkinson ) New Cas- Josh* Peirce Esq. Rich"^ Jennis ) tie & Rye. TT , f Capt. Jos^ Winget
'■ \ Mr. Jn°. Sanburne. Eben Stevens, Kingston
774 PEOVINCE OF NEW-HAMPSHIRE. [1731.
( Paul Gerrish, Esq. Dover < Capt. Fran* Mathes Mr. Geo. Walton Newington
( Capt. Tho. Millet p . j Mr. Barth Thing And^ Wiggin Esq. Streath°»
J^xeter j ^^^, -g^^^ja rp^^jj^g j^j^^^ McMurpliy, Lond°-
Derry. Pursuant to his Excellency's direction Mr. President Wal- ton caused the Proper Oaths to be administered to the per- sons above named, and then directed them to chuse a Speaker, which they did, and Presented And"^ Wiggin Esq after which Mr. Presid* agreeable to his Excellency's order, Prorogued the Gen^ Assem to the 29^^ April next & accord- ingly they were
Prorogued.
[p. 61.] Province of New Hampshire,
Anno quarto Regni Regis Goergii 2"^'. At a Council and General Assembly held at Portsm" by adj' Thursday April 29^^^ 1731.
Present in Council, His Excellency Jonathan Belcher, Esq. Gov^ Shad^ Walton J Joth Odiorne "j
Geo. Jaffrey > Esqs. Hen. Sherburne > Esqs. Rich^ Wibird ) Rich'^ Waldron )
A message to his Excellency by Mr. Atkinson to acquaint his Excellency that a Quo™^ of the Representatives was con- ven'd.
A message to the House from his Excellency pr y^ Sec^ to require their attend* at the Council Board the speak"" and House came up accordingly, To whom his Excellency made a Speech a copy of which the Speak"" obtained of his Excel- lency and
Then he and the House returned to their own Chamber. The Speech is as follows :
[See Journal of the House, p. 589.] Adj. til tomorrov/ 9 o'clock a. m.
I
1731.] JOURNAL OF GENERAL ASSEMBLY. 775
Met according to adjournmS April 30"^ 1731 being Fryday. Present in Council His Excellency Jonathan Belcher, Esq Gov'' Shad- Walton \ ^^^^^ Rich" Wibird I p Geo. Jaffrey, ] ^^^^^- Henry Sherburne \ "^^"^^ Rich'd Waldron Esq. Dame Sarah Plaisted (i) preferr'd a Petition as adm'' on the Estate of the Rev'^ Mr. Nath^ Rogers, Dec*^ Praying for an [p. 62] allowance for the late Gov Dudleys former subsistance which was read and recommended & sent down by the Secre- tary and the same was returned to the board by Messrs Thing and Walton — voted to be dismiss'd.
A message to his Excell^ by Mr. Thing to acquaint him that a member of the House who had not taken the oaths was now giving his attendance and praying he might be sworn : accordingly Geo. Jaffrey Henry Sherburne Esq. and the Secretary were sent down to adm' the s'd oaths to the said member viz. Capt Francis Mathes.
P. M. Capt. Rich'' Jennes Preferr'd a Petition in behalf of Francis Lock & others praying for guns &c which was read. Adj"* til tomorrow 9 o'clock, a. m.
(1) Note. In the proceeding pages of this volume (as also in vols. II and III) the name of Plaisted, particularly that of Col. John Plais- ted, frequently occurs. Since those pages were struck off, the Editor has received from a correspondent the following notice of Col. Plaisted:
Col. John Plaisted was the son of Lt. Roger Plaisted, of Kittery, in the Province of Maine, who, with two of his sons, was killed by the Indians, Oct. 17, 1675. Jn. was born about lUHO. His father was a Lieutenant under the authority of Mass., and had command of the Garrison at Salmon Falls at the time he was killed. He had been a Judge upon the Bench of Common Pleas for York County twelve years;" a Representative from Kittery to the General Court, at Boston, five years, and " was highly respected for his uncommon valor, worth and piety."
Col. John P. went to Portsmouth about l't79. He married in 1085 Mary, daughter of Capt. John and Mary (Stanyan) Pickering. He was Judge of the Superior Court of N. H. twenty years, 1699 to 1719; Chief Just, in 1716. He was member of the Royal Council from 1702 to 171 G. Was many years member of the N. H. Assembly, between 1692 and 1727, and Speaker- of that body in 1696, 1717 and 1727.
Col. P. was an officer of distinction during the Indian Wars, from 1690 to 1712. He was the brother of Capts. Ichabod and James Plais- ted, and father of Capt. Elisha Plaisted, of Berwick, Me. No other name at this period in the Province of Maine was more distinguished for military iutrex)idity tlian that of Plaisted. The children of Col. Plaisted were John, Joshua, iMary, Elisha, James and Mehitable. He died at the age of about 85 years.
\_LeUer from H. M. Plaisted, Esq. , Bangor, J/e.] Ed.
776 PROVINCE OF NEW-HAMPSHIRE. [1731.
[Province of New Hampslr.]
Anno Regni Regis Georgii S*" 4to.
At a General Assembly by adjournment Saturday May 2'' 1731.
Present in Council Geo. Jaffrey, Henry Sherburne, Ricli'^ Waldron, Esqs. Adj'* til Monday next at noon.
Province of New Hampsll^ Met according to adjournm^ Monday May 3, 1731.
Present in Council His Excellency Jon'^ Belcher Esq. Gov"^ Shad^' Walton J Joth Odiorne J
Geo. Jatfrey > Esqs Hen: Sherburne > Esqs Rich^ Wibird ) Ricli'^ Waldron )
[p. 63.] A message to the Board by Messrs Jennes & Mc- Murphy with a vote for a Comittee of audit. Pr Messrs Wal- ton and Thing an allowance to B. Rust and a Committee to number the Bills to l»e burnt.
Peter Varney & others Quakers presented a Petition ex- empt y"^ from collecting Ministers rates w*^'^ which was read, voted upon and sent down pr the Secretary.
Capt Millet presented a Petition praying for a Gate to be allowed at Hilton's Point which was voted upon, read and sent down by the Secretary.
A message to the Board by Messrs Barth"*'' Tiling & Rindge with an answer to the Governor's Speech.
A message to the Board by Mr. Sanborn w"' Capt. Millet's Petition & vote thereon concurr'd w*^.
Adj"^ til tomorrow 9 o'clock a. m.
Pro : N. Hamp^ Met according to adjournm*, Tuesday May 4"^ 1731.
Present in Council as before.
Sam' Graves preferr'd a Petition to the Gen' Assem. w*^'' was read at the Board & sent down recommended.
Adj*^ til tomorrow 9 o'clock a. m.
1731.] JOURNAL OF GENERAL ASSEMBLY, 777
Pro : N. Hamp^ Anno Regni Rs. Georgii 2*^' 4to,
Met according to adjournm* Wednesday May 5"" 1731. [p. 6-1.] Present as before.
The Quakers Petition & vote sent down the 3*^ inst. re- turn'd concurr'd and
By the same Message Graves Petition w*^ a vote thereon.
The Fort soldiers preferr'd a Petition for an addition to their salary, — Read, recommended to the House & sent down by the Secretary.
Tho' Marston and others preferr'd a Petition for a new Township in the Waste lands read.
The Petition of Francis Lock and others preferrd the 30'^'' April by Richard Jennes for Guns &c. w*'^ an alfidavit relat- ing thereto sent down by the Secretary.
xV message to the Board by Messrs Peirce, Rindge and Sanburn w"' a vote of the House for £40,000.
Joseph Jones preferr'd a Petition ab' Oyster River line w"^'^ was read and sent down by the Secretary.
Adj'^ til tomorrow 9 o'clock a, m.
Pro: of N, Hamp"".
Met according to adjourm* Thursday May 6^^ 1731. Present His Excellency Jonathan Belcher Esq. Gov' Shad=^ Walton ^ Joth. Odiorn J
George Jaifrey >Esqs. Hen. Sherburne > Esqs. Rich'' Wibird j Richard Waldron )
A Message to the Board by Messrs. Stevens and Jennis -^ytii ye Petition of the Fort Soldiers, Voted to be dismissed — [p. 6o'\ and an account of Mr. Packer for the use of the Court House ttc. also, Voted to be dismissed both w'^'* votes were sent back by Col Walton and Mr. Jaffrey for recon- sideration.
Ordered that Marston's and Toles Petition for a new Town- ship lye und'' consideration till next session.
A message to the Board w^'^ a vote of y® House ab' settling y° line, w*^'' was read and non-concurred & a vote of Coun : was past relating to the affaire & sent down pr Mr. Odiorne. A Message to the Board by Maj Winget w^*' Jones' Peti- tion and vote thereon w'" was concurr'd.
The Petition of Capt. Millet ])referr'd the 3*^ instant was read and no objection made by the selectmen of Dover.
778 PROVINCE OP NEW-HAMPSHIRE. [1731.
The Report of the Committee about Dover Town Book read, sent down by tlie Secretary.
A message to the Board by Mr. McMurphy w^^ a vote ab^ y® rates for the new Towns &c.
A message to the house by Col. Walton w*** Pet" of Samuel Graves & vote thereon nonconcurred by the Coun : & a mes- sage from the Council ab' an agent k subscription. Answer returned pr Sanburn & 2 others.
The Petition of the Proprietors of Chichester praying for a further time to perform y*" Conditions of their Charter — one year granted.
Adj til tomorrow 9 o'clock a. m.
Pro : N. Hamp^
[p. 6^.1 Met according to adjournment, May T*"" 1731 being
Fryday.
Present His Excellency Jona. Belcher, Esq. Gov^ Shad'' Walton J Joth. Odiorne J
Geo. Jaffrey > Esqs. Hen. Sherburne > Esq .
RichMVibird ) Rich'^ Waldron )
A message to the Board by Messrs. Atkinson and Clark- son w"^ a vote about Dover Town Book, & likewise the peti- tion of Samuel Graves w"' the votes thereon which they prayed the Council to reconsider.
[The Records here appear to be very imperfect, as follows :] Ed. " Alter Sup'' Court, Sup.. Court : Mill«-' Gate : Rate ab' New Towns: Quakers. Adj'' til tomorrow 9. Met Saturday y* 8*'> May Present as before.
Secy Instructions left by Gov''. Adj^ til Monday next Met a Monday, y« lO"' & Present as before
Pass'd sundrys of y^ date Prorogued to y" 1^' day of July next."
Pro. of N. Hamp''.
[p. 67.] At a General Assembly held at Portsm" by Pro- log'' Wednesday Sept 15"^ 1731.
Present His Excellency Jon* Belcher Esq Gov"" Shad* Walton J Joth"" Odiorne )
Geo. Jaffrey > Esqs. Hen. Sherburne > Esqs. Rich*^ Wibird \ Rich'^ Waldron \
1731.] JOURNxVL OF GENERAL ASSEMBLY. 779
A message to the house from his Excellency by the Sec^' to inquire whether there was a Quorum — who answered yes.
A message to the House by Geo. Jatifrey and Joth™ Odiorn Esqs to require their attendance at the Council Board the Speak'' and House came up accordingly ; — to whom his Ex- cellency was pleased to make the following Speech, of which the Speak' obtained a Copy.
[See Journal of the House, p. 601.]
Adj'J til tomorrow, 10 o'clock a. m.
Pro : N. Hamp^ At a General Assembly held at Portsm° by adjournm* Thursday, Sept. 16, 1731 Present as before. A message to the Board by Maj"^ Winget & Mr. Thing with an answer to his Excellencys Speech, w'^^ y'' Gov'' took. [See Journal of the House, p. 602.] A message to the Board by IMessrs Clarkson & McMur- phy w'"^ a vote for a Committee to meet at Newbury, &c. Adj*^ til tomorrow 10 o'clock a. m.
[p. 68.] Province of New Hampshire.
At a General Assembly held at Portsm° by adjournm^ Fry- day 7^ 1731.
Present His Excellency Jona. Belcher, Esq. Gov"" Shad'' Walton ^ Jothm Odiorne )
Geo, Jaffrey > Esqs. Hen. Sherburne > Esqs. Rich'^ Wibird ) Pich'' [Waldron] )
A message to the Board by Mess""* Thing & Maj Sanburn, with a vote ab* Councill" & Assembly mans allowance w'^'' was concurr'd with an amendment, & sent down by y*^ Clerk. John Salter preferr'd a Petition praying to be set off to Eye read.
William Daniels prefer'd a Petition praying for a licenced house read. A message to the Board w"' a vote for appoint- ing a Committee to go to Newbury to meet a Com* from y® Mass* w'''* was sent back to be reconsidered & and a new vote bro't up in the room of.
Abigail James prefer'd a Petition praying liberty to sell land in England read.
Adj'^ til tomorrow 10 o'clock a. m.
780 PROVINCE OF NEW-HAMPSHIRE. [1731.
Province of New Hampshire.
At a General Assembly held at Portsmouth, Sept. 18, 1731 being Saturday,
Present as before.
[p. 69.] Thomas Phipps Esq. prefered a Petition in behalf of Jar*^ Walford praying for a special act to vacate or [a] Deed deceiptfully obtained from him by James Stevens ordered y^ hearing by on Wednesday next at ten o'clock
A. M.
A message to the Board w^^ a vote for printing the Laws k a new Proportion of the Prov. tax.
Mr. Adams preferr'd a petition praying for a hearing ab* y'' Parrish lines of Dover on Thursday next, read, ordered That the Selectmen attend at that time, &c.
A message to the House from his ExcelP' by y° Clerk.
Adjournd till Monday next, 12 o'clock at noon.-
Pro : of New Hampshire.
At a gen' assembly held at Portsm°, Sept 20*'' 1731 being Monday.
Present as before. ]\[rs. James Petition was read and dismiss'd. Wm. Daniels Petition prefered the 17*'^ read & sent down pr the Scc^. The vote of the House for printing the Laws sent up the IS*'' returned. Concurr'd with an amendment pr the Sec-^' Stephen Barton preferr'd a petition praying for a special act to enable him to gather a rate made in New Castle anno 1730, for reason set forth read & sent down with a vote for a hearing thereon on Thursday next. Adj'' til tomorrow 10 o'clock, A. M.
[p. 70.] Prov. of New Hamp^
At a general assembly held at Portsm" by adj' Tuesday Sep*. 2P* 1731.
Present as before.
Sundry messages &c. by Mess'^ Walton & Thing.
Allowances to Mess" Cross, Jno. Newmarsh, 0. Shaw.
By the same message a vote for putting =£90 rec^ of Col. Weare into the hands of Maj'' Thing w""'' was read noncon- curr'd & sent back by y" Sec^.
Adj'' til tomorrow, 8 o'clock a. m.
1731.] JOURNAL OF GENERAL ASSEMBLY. 781
Met according to adjouriim*. Present as before. Adj*^ til tomorrow 10 o'clock a. m.
Prov. of N. Hamp^ At a general assembly held at Portsrn". by adj^ Thursday 7"^ 23, 1731.
Present His Excellency the Gov"^
Shad^ Walton ^ Joth"i Odiorne ^
Geo. Jartrey vEsqs H. Sherburne >Esqs
Rich'' Wibird j R. Waldron j
(Thursdays votes & Messages & hearings to be entered here.)
Adj'^ til tomorrow 10 o'clock a. m.
Prov. of N. Hamp'. At a General assembly held at Portsm° by adj' 7'' 21, 1732 C) being Fryday.
Present as before. Held Saturday 25. Present as Before.
[Note hj the Editor.']
Here a chasm occurs in the Records of the General Assembly, from September 25'^ 1731, to May ^^ 1732. See however, Journal of the House, in relation to the abovesaid period.
('.) Evidently au error. Ed.
782 PROVINCE OP NEW-HAMPSHIRE. [1732.
[p. 73.] Prov. of New Hamp.
At a General Assembly held at Portsmouth by Proroga- tion May 3'* 1732, being Wednesday.
Present. His Excellency Jonathan Belcher Esq Gov"". Shad'' Walton ) -p, Hen Sherburne ) ^
Joth^ Odiorne \ ^^^^ R. Waldron \ ^^^^ Adj'^ til tomorrow, 10 o'clock a. m.
Province of New Hamp^
At a gen' Assembly held at Portsmo. by adj* Thursday, May 4t'> 1732.
Present as before.
A message from his Excellency to the House by the Sec^ requiring their attendance at the Council Board. The Speaker and the House came up accordingly to whom his Excellency was pleased to make the following speech. [See Journal of the House, p. 615.]
Adj*^ til tomorrow, 10 o'clock a. m.
Province of New Hamp'^
At a Gen* Assem held at Portsm by adj"^. Fryday May S**- 1732. Present as before. Adj'^ til tomorrow, 10 o'clock a. m.
Met and Present — ut supra.
[p. 74.] May G^^ The three hearings ordered to be to day are postponed to Tuesday next : viz. Nottingham Pe- tition, Dover Town Book & Oyster River line.
Adj*^ til Monday next 10 o'clock a. m.
Province of New Hamp''
At a General Assembly held at Portsm° Monday 9^^^ [8^'^] May 1732.
1732.] JOURNAL OF GENERAL ASSEMRLY. 783
Present His Excellency Jonathan Belcher, Esq. Gov'"
Shad"" Walton, Henry Sherburn, R. Waldron, Esq. Adj*^ til tomorrow, 10 o'clock a. m. (})
Province of New Hamp^ At a General Assembly held at Portsm" tuesday May 9^^ 1732.
Present His Excellency Jonathan Belcher, Esqr. Gov"^ Shad^ Walton "^ Jotlr Odiorne I j^. Henry Sherburne f "' ' Rich'^ Waldron J A message to the House by the Secretary from his Excel- lency to require their attendance at the board on the hear- ing of Nottingham Petition Ordered a Saturday last to be heard this day The Speaker & House came up accordingly and the Petitioners and respondents being heard, the House withdrew to their own apartment.
[p. 75.] A petition was read at y° Board for a New Parrish to be erected out of Hampton-Falls and Kingston w'^'^ was sent down & returned by Mathes and Sanborn w^^ a vote y'"on.
A message from his Excellency to the House by the Sec'^ requiring their attendance at y^ Council board upon the hearing of the affair of Dover Town book <fe Oyster River line. The Speaker and House came up accordingly, and all p'ties being fully heard upon the premises the Speaker and House withdrew to their own apartm*
Adj*^ til tomorrow, 10 o'clock a. m.
Province of New Hamp^
At a Gen' Assembly held at Portsmouth by Adj*^ Wednes- day May 10"' 1732.
Present His Excellency Jonathan Belcher Esq Gov"^
Shad^ Walton ) ^ Henry Sherburne ) -p
Joth-" Odiorne \ ^^^^' R. Waldron \ ^^^^
(') In the margin is the following note, " Mny 9'^ 1732, Bonj. Rust app' ad" Thoin'' Parker appl'' Satturday next 5 o'clock. The appell' praing for a Ion time y'^ case continued til the next term y* 2*^ tuesday in Oct nex."
784 PROVINCE OP NEW-HAMPSHIRE. [1732.
A message to the Board by Mes" Walton & Stevens with an answer to his Excellency's Speech w*^" y'' Gov'" took to himself The Selectmen of (jrreenland's Petition for a rep- j,g8eiit pj^c^^ g^j^j] ggj^i^ down.
[See Journal of the House, p. 617.] Adj. till tomorrow 10 o'clock a. m.
Province of New Hamp''
At a Gen' Assembly by adj* Thursday May 11"' 1732. Present as before.
A message to the Board by Messrs Millet and Stevens with a vote for making Oyster Kiver a Township (^) and for allow- ing Mr. Jones 4:2£ for bills burnt in his Father's house.
[p. 76.] A message to the Board by Cap^ Peirce w^^' a vote for suspending y° affair of Dover Town Book.
A message from his Excellency to the House for the Sec' in writing which was read and left with them.
A message to the Board by Cap* Jennis with a vote for a. Committee to number the bills.
His Excellency was pleased to adjourn y° Council to Cap* Wibird's house in order to have a Quorum of five to pass upon y'^ votes sent up from the House viz. For a Committee to Number the Bills to be burnt. To suspend y^ affair of Dover Town Book To allow Steph. Jones, jun. 42£ To make Oyster River a township when and where the s*^ votes were concurred with.
Adj"^ til tomorrow 10 o'clock a. m.
Prov. of N. Hamp''
At a Genal Assembly by adj'^ May 12 1732, being Fryday. Present as before.
His Excellency was pleased to give his consent to the sev- eral votes passd upon yesterday at Capt. Wibird's which are as follows : Dover book. Oyster River a town. Step'' Jones ; Member Bills.
A message to the Board liy Mess''* Weare and Stevens with the Lists for a new Proportion & a vote for a Commit- tee to prepare a Bill which were returned by the Secretary who was directed to Inform the House that the Council de- sired the Bill might be prepared as soon as possible.
(}) "A P'ish, by the name of Durham." Journ. of the House.
1732.] JOURNAL OF GENERAL ASSEMBLY. 785
[P. 77.] A message to the Board with a vote for granting Greenland Petition. (^)
A message to the Board by Mr. McMurphy with a vote for a Recorder — viz. Capt. Pierce.
Adj'^ til tomorrow, 10 o'clock, a. m.
Prov. of N. riamp'".
At a general assemblv held at Portsmouth by adj* May 13"' 1732, Saturday.
Present [as before]
A message from the Council to the House by CoP Sher- burne & Capt. Odiorne to recommend to them the dispatch of the busyness before 'em, the Gov'' having acquainted the Council he intends towards Boston a Monday next.
A message to the Board by Mr. Millet & Mr. Stevens with the vote about the town of Dover & Oyster River the Act to incorporate Durham & new Proportion pr Pierce and Winget sundry votes.
Province of New Ilamp^
At a gen^ assembly by adjournm* May 15"' 1732 being- Monday.
Present
His Excellency Jonathan Belcher, Esq Gov''. Shad^ Walton ) ^ H. Sherburne ) j.
Joth. Odiorne \ ^'^^ R. Waldron. \ ^^"^^
A message to the House by the Clerk to require their at- tendance at the Council Board the Speaker and House came up accordingly and his Excellency was pleased to give his assent [p. 78] to the following bills — New Proportion — Dur- ham— Excise Act.
Then the Speaker and House withdrew to their own apartment.
A message to the House l)y Capt Odiorne with a vote for the Treasurer to sue y'^ 1700 <£ bonds. By the Secretary y'^ vote of y*^ House Record"^ nonconcurr'd.
A message to the House by Col. Sherburne with a vote for a Committee of audit.
A message from his Excellency by the Secretary in writ- ing as on file.
A message to the Board by Jennis with y*^ for an audit just now sent down as follows. [Not recorded.]
Q) "Praying the Privilege of having a Representative," /oj^-n. of the House. Ed. 50
786 PROVINCE OF NEW-HAMPSHIRE. [1732.
Province of New Hampshire.
At a General assembly held at Portsm" by adjournm* May le**^ 1732, being Tuesday.
Present
Shad^ Walton \ ^ H. Sherburne \ -r^
Joth^ Odiorne/^^^^ R. Waldron. /^^^^
A message to the House by Capt. Odiorne with a vote of Council for Mr. Atkinson to rend"' an account of Powder with the vote of the assembly made last sessions annexed y"^ to.
By y® same message the desire of the House to see Mr. Atkinson's acct. A message to the Board by Mr. Sanburn with the vote about the 1700£ non-concurr'd which was re- turned by Capt. Odiorne for further consideration — back to Mr. Atkinson.
A message to the Board by Mr. Jennis with a vote of ad- herence for Mr. Pierce recorder, which was returned by Capt Odiorne non-concurr'd, who likewise carried down a [p. 79] vote of council for Col. Sherburn to be recorder which was bro't back concurr'd.
A message to the house by Col Sherburne with a vote for Capt. Odiorne to be Recorder which was returned noncon- curr'd.
A message to the House by Col Walton with the two votes of Council for Mr. Odiorne and Mr. Sherburne and a recom- mendation of the Council for the House to reconsider those votes and make a Concurrence on one of them.
A message to the House by the Secretary with a vote of Council for the Impression of 400 OX
Adj. til tomorrow, 10 o'clock a. m.
Prov. of New Hamp'
At a Gen^ Assembly by adj* May 17, 1732 being Wed- nesday.
Present His Excellency Jonathan Belcher Esq. Gov'' Shad=^ Walton ) -^ H. Sherburne \ ^^
Joth. Odiorne i ^^^^ R. Waldron /^^^^ The Con' advised to the Issuoing a Warr* for the Gov" Salary when it becomes due, and likewise to Issue a precept for the choice of Assembly men any time between this and the 2 Thursday in Oct"^ next.
1733. J JOURNAL OF GENERAL ASSEMBLY. 787
Note by the Editor.
Here occurs another Chasm in the Journal of the General Assembly, till February 22^ 1732-3. See Journal of the House during the inter- vening period.
Prov. of New Hamp' Anno R'" R'^ Geo" 6*"
At a General Assembly held at Portsm" by Prorogation Thursday Feb^ 22"^ 1732-3.
Present Mr. President Walton. Adjourn'd till tomorrow, 10 o'clock.
[p. 80.] Feb. 23"^ 1732-3 Present Mr. President Walton. Adjourned, till tomorrow lO'clock.
Prov. of New Hamp""
At a General Assembly held at Portsm° by adjournment Saturday Feb 24*'' 1732-3.
Present. His Excellency Jonathan Belcher Esq Gov"^ Shad^ Walton \ Rich'' Waldron
Joth Odiorne > Esqs. Eph^" Dennet
Henry Sherburne ) Josh* Peirce.
A message from his Excellency to the House of Repre- sentatives by the Secretary to require their attendance at the Council Board ; the Speaker and House came up accord- ingly to whome his Excellency was pleased to make a Speech a copy of which his Excellency delivered the Speaker and then he and the House withdrew to their own apartment. The Speech is as follows :
[See Journal of the House, — p. 630.] A Message to the House from his Excellency by the Sec- retary to adjourn them til Monday next 11 o'clock a. m. Adjourned.
Prov. of New Harap''
At a General Assembly held a Portsm° by Adjournm* Monday Feb. 26"' 1732-3. [p. 81.] Present
Mr. President Walton,
Joth"^ Odiorne "i -p Rich'' Waldron "I p
Henry Sherburne j '^ ' Eph. Dennet J ^ ' John Peirce, Esq.
788 PROVINCE OF NEW-HAMPSHIRE. [1733.
A message to the Board by a member of the House In- forming that several members of [it] Were not yet sworn : upon which Joth Odiorne Esq. and Eph^ Dennet Esq. were sent down by his Excellency's orders to administer the pro- per oaths to the unsworn members which was done accord- ingly and the Instruction (') aV Dutys on English Shipping sent pr Mr. Dennet.
Adj'i til tomorrow, 10 o'clock a. m.
Prov. of N. Ilamp'"
At a General Assembly held at Portsmouth by adjourn- ment Tuesday February 27"^ 1732-3.
Present His Excellency Jonathan Belcher Esq Gov' Shad^ Walton ^ Riclr^ Waldron ^
Joth Odiorne > Esqs Eph^ Dennet > Esqs. Hen. Sherburne j Josh'' Peirce j
The Treasurer's Accts and Estimates laid before the House pr Mr Dennet.
Adj*^ til tomorrow 10 o'clock a. m.
Province of New Hampshire.
At a General Assembly held at Portsmouth by adjourn- ment, Wednesday Feb. 28"^ 1732-3. [p. 82.] Present as before.
A message to the Board by Messrs. Sanburn and Stevens with an answer to his Excellency's Speech, the answer as follows :
[See Journal of the House, p. 632.]
Benj^ Rust preferr'd a Petition to the Board praying for a special act to vacate a judgm* of the Sup*' Court which was read, and a vote made thereon and the same sent down for concurrence by Eph Dennet Esq. which was returned by a member of the House concurred, which vote is as follows : [Vote not on record.]
A message with a vote for — — Committee to tell y* Bills to be burnt as follows.
A message to the Board by one of the members for a Recorder ordered to lye for consideration.
Mr. Daniels Collins Preferr'd a Petition to the Board directed to the General Assembly praying for his House at
Q) The said Instruction is not recorded and can not now be found. Ed.
1733.] JOURNAL OF GENERAL ASSEMBLY. 789
Hampton Falls may be licensed for a tavern with another Petition from Smidry Inhabitants : both were read and unanimously voted to be dismissed.
Jabez Smith Esq, Preferrd a Petition for enlarging the terms for the performance of Cliichester conditions read and the said Smith was heard thereon.
The Petition of sundry for a New Parish from Hampton Falls and Kingston preferred last session was this day fully heard and the objections thereto ; after which the Peti- tion and Papers were sent down to the House of Reprcs^^
Adjourn'd till tomorrow, 10 o'clock a. m.
Province of New Hampshire.
At a General Assemblv held at Portsmouth Thursday March 1^' 1732-3. [p. 83.] Present
Mr. President Walton. Jotham Odiorne \y^. Rich'' Wal[dron,] ^ Henry Sherburne ^ *^" Ephraim Dennet vEsqs.
Joshua Peirce j A message to the Board with the Hampton Falls Petition for a Parish which was voted to be dismissed in the lower House.
A Message to the Board with vote for a Committee to prepare a bill against Killing deer.
Adjourned till tomorrow 10 o'clock a. m.
Province of New Hamp''.
At a General Assembly held at Portsmouth March 2 1732-3, being Fryday.
Present His Excellency Jona. Belcher Esq. Gov^ Shad. Walton ^ R. Waldron ^
Joth™ Odiorne VEsqs. Eph™ Dennet V Hen. Sherburne j Josh. Peirce j
This day came on a hearing upon Mr. Benj. Rust's Peti- tion preferred 28*'' ult° adv** Mr. Thom. Packer, both Partys were fully heard & and the matter is ordered to lye for con- sideration til next Session of General Assembly.
790 PROVINCE OF NEW-HAMPSHIRE. [1733.
A Message to the Board with a vote for a Committee to tell over the money to be burnt w'^" was concurr'd as follows. Court of Appeals held pr adjournment as on file. Adjourned til tomorrow, 10 o'clock a. m.
Prov. of N. Hamp'".
At a Gen^ Assembly at Portsm" by adjournm* Saturday March 3^ 1732-3.
Present His Excell^ Jona. Belcher Esq. Gov' Shad. Walton ) R. Waldron ) ^
Joth™ Odiorne [ Esqs. Eph"™ Dennet j ^^^' Hen. Sherburne ) A message to the Gov'' by Capt. Walker desiring his Ex- cellency to adjourn y^ General Assembly for a week as on file which the Gov"^ told them he not comply with in a message by y® Secretary.
[p. 84.] Col. Paul Gerrish & Mr. Sam^ Smith preferred a Petition for a Township at Winnepishoky Pond — Read & ordered to lye for consideration.
A message from his Excellency by y® Sec'^ to adjourn y® General assembly to Monday next 10 o'clock a. m.
Province of New Hamp"".
At a General Assembly held at Portsmouth, March 5*'' 1732-3, being Monday.
Present Mr. President Walton, Henry Sherburne ) j, Eph™ Dennet ) -^
Richard Waldron ) ^ ' Joshua Pierce ) ^ Adjourned till tomorrow, 10 o'clock a. m.
Province of
New Hamp"^ f At a General Assembly held by adjourm* Tues- day March 6, 1732-3,
Present — His Excell^' Jon=* Belcher, Esq. Gov"^ Shad'^ Walton ) Rich-^ Waldron J
Jotham Odiorne S Esqs. Ephr*" Dennet > Esqs. Henry Sherburne ) Joshua Peirce )
1733.] JOURNAL OF GENERAL ASSEMBLY. 791
John Brown prcfcrr'd a Petition for a Fair. Ordered to lye for consideration.
A Message to the Board by Mr. Jennes with a vote for a Committee of audit which was read and nonconcurred, and sent down by Mr. Peircc together w"' a vote of Council for a Committee of audit which the House nonconcurr'd and sent it up by Mr. Haynes together with their own vote ad- hered to.
The soldiers of the Fort preferred a Petition which was read and recommended and sent down by Col. Walton.
A Message to the House by Capt. Peirce w**^ the Notting- liam Petition and vote of the House of the 2*^ current non- concurred & a vote of Council in lieu of that which was returned pr Mr. Sanburn, & the said vote of Council con- curr'd with as follows :
[This vote not recorded.]
[p. 85] A Message to the board by Mr. Dam with a vote for putting the bonds for the 1730X into the Speakers hands and for him to collect the money.
A message to the Board by Messrs Thing, Mathes and Clarkson, with a- vote for the Emission of 20000£ on loan and one thou'' for the Impost of the Goverm^ : — the Scheme being directly contrary to his Maj"''* Instructions — It was non concurrd unanimously and sent down by Capt. Pierce. Mem". Lampry's Petition read and sent him by Ben to mend and not returned.
Adj'' til to-morrow, 10 o'clock a. m.
Province of
N. Hamp'. At a General Assembly held at Portsm" by adjournm* Wednesday March 7 1732-3.
Present Mr. President Walton Joth™ Odiorne } ^ R. Waldron ) -p
H. Sherburne \ ^^^^' Eph- Dennet \ ^^"l^-
Josh* Peirce Esq. A message to the Board pr Mr. Stevens and Hartford with a vote for 20000X &c. on loan.
A Message pr Mr. Clarkson to inquire whether the vote for a recorder had been passed upon. Adj'^ til tomorrow 10 o'clock A. M.
792 PROVINCE OF NEW-HAMPSHIRE. [1733.
Province of New Hampshire.
At a general assembly held at Portsmouth Thursday March 8"^ 1732-3.
Present
His Excellency Jona Belcher Esq Gov^
Joth™ Odiorne Esq. R. Waldron ^
H. Sherburne Esq. Ephr^ Dennet vEsqs
[p. 86.] Josh. Pierce J
A Petition preferred by Mr. Henry Sherburne Jun^ of the Plains praying for a Parrish, read and a vote made thereon and sent down by Mr. Dennet.
A Message to his Excellency by Mess'^^ McMurphy and Ha3mes about the Province Law [Lines?].
A message to the Board by Messrs. Sanburn and Stevens with the Petition of the Fort Souldiers sent down recom- mended the G*"" with a vote of the House thereon and also another vote for auditing Mr. Atkinsons accounts, &c.
A message to the House by Messrs Dennet and Pierce with the vote of the House sent up yesterday for the Emis- sion of £20000 on loan nonconcurred unanimously with the reasons for the nonconcurrencc. Also the vote of the House for putting the bonds of the 1730 £ into the Speaker's hands nonconcurred, and a vote of Council to continue them in the Treasurer's hands, &c.
Also another vote of the House of the 28*'' February last for a record'' nonconcurred and a vote of Council for a re- cord"" &c.
A message to the House by Capt. Odiorne with the Peti- tion of the Fort Souldiers & the vote of the House thereon nonconcurred and a vote of Council in lieu thereof for pay- ing the Souldiers in corne.
Also their vote for the money in Mr. Atkinsons hands to pay the souldiers nonconcurred, and an answer thereto from the Council.
Adj*^ til tomorrow, 10 o'clock a. m.
[p. 87.] Province of New Hampshire.
At a general assembly held at Portsm*^ Tuesday March 9"" 1732-3, by adjournm^
1733.] JOURNAL OP GENERAL ASSEMBLY. 793
Present
His Excellency Jonathan Belcher Esq Gov'' Shad'' Walton \ 11. Waldron ^
Joth™ Odiorne V Esqs Eph Dennet V Esqs H, Sherburne J Josh^ Pierce J
A message to the Board with a vote of adhereance to the former vote for the Speaker's taking a renewal of the bonds for the £1730 or Presenting for the same &c., and the vote of Council for the Treasurer's doing it nonconcurred, and another vote of the House for the Speaker's managing that affaire.
A message to the house pr Mr. President and the Secre- tary to Inform them that forasmuch as there had Sundry votes passed between the two Houses relating to the 1730 £ which had been nonconcurrd on both sides and there being not tlie least prospect at present of the two houses agreeing on the Head the Council did not think proper to spend any more of their time on the Publick money in fruitless votes and messages they were directed likewise by his Excellency to say that as the Council had nothing before 'um he desired they would send up what they intended to pass upon the session further his Excellency intended to dismiss the gen^ assembly tomorrow.
A message by one of the members to the board the Plains Petition and a vote thereon likewise a vote about Col. Plais- ted's money, viz. That Phipps should be bound for it.
A written message to the House from his Excellency by Capt. Odiorne in answer to what they sent up to him about the lines.
Adj" til tomorrow 10 o'clock a. m.
[p. 88.] Proviuce of New Hampshire.
At a general assembly held at Portsmouth by adjouriim^ March 10"' 1732-3, being Saturday.
Present His Excellency Jonathan Belcher Esq Gov^ Shad^ Walton )
Joth" Odiorne [ Esqs R. Waldron, Esq.
Hen. Sherburne )
[Records defective — See Journal of the House. Ed.]
794 PROVINCE OF NEW-HAMPSHIRE. [1734.
[p. 90,] Province of New Hamp''.
At a general assemblv held at Portsmouth, Tuesday the 1^^ Jan>' 1733-4.
Present in Council.
His Excellency Jona Belcher Esq. Gov*'.
Shad^ Walton ^ Henry Sherburne )
Geo. Jaffrey > Esqs Rich*^ Waldron > Esqs Joth™ Odiorne ) Eph^ Dennet. )
Josh'' Pierce Esq.
His Excellency sent Mr. Shiritf Wibird to tell Mr. Ben- ning Wentworth that he would speak with him at the Coun- cil Board. Mr. Wentworth came accordingly, to whom his Excellency was pleased to say " Mr. Wentworth I have his Majesties Royal Mandamus for admitting you into his Majes"** Council in this Province and am now ready to do it and have ordered the Secretary to administer the proper oaths to you accordingly," to which Mr. Wentworth replied, " I should have been glad to have known it sooner Sir — for I am now Engaged to serve in the assembly for this town and there- fore cannot accept now but when the session is over I may be ready" and then withdrew.
Then his Excellency sent Mr. Sheriff Wibird to tell Mr, Theodore Atkinson C5 lie would speak with him at the Council Board : Mr. Atkinson came accordingly, To whom his Excellency was pleased to say as to Mr. Wentworth : — to which Mr. Atkinson replied — " I apprehended it might be so and wrote to your Excellency on that head but had not the honour of an answer so have been chosen a representa- tive for the town of New Castle, and to leave them now
(1) Benning Wentworth and Theodore Atkinson had received their appointment about two years previous to this time; but through Gov. Belcher's remonstrances and personal opposition to them, had not been admitted. See Ad. Ann. Ports'mo, p. 160.
Benning Wentworth was a son of Lt. Gov. John Wentworth, grad- uated at Harvard College in 1715. After having been a member of the Assembly and the Council, his mercantile business called him to Lon- don, where he obtained the Commission of Governor in 1741. He continued in office near '20 years : died October 14, 1770, aged 74. See Brewster's Rambles about Portsmo. pp. 98-102.
Theodore Atkinson, son of Theodore Atkinson, was born in New Castle, 1697; graduated at Harvard College in 1718. He held many offices of honor and trust in the Province: was a man of great wealth and popularity, of a lively disposition, social and fond of merriment. He gave the name to the town of Atkinson, in this State, as a large portion of it belonged to him. He died in 1779, aged 82 years. Ed.
173i.] JOURNAL OF GENERAL ASSEMBLY. 795
•when they have no other member woukl he a great piece of Injustice to them therefore I must pray to be excused ;" and then withdrew, desiring as he departed the reason of his disacceptance might be minuted.
[Two lines are here so worn as not to be read. Ed.] [p.91.] Then his Excellency sent Mr. Sheriff Wibird to tell Lt Col Jos. Sherburne he would speak with him at the Council board. Mr. Sherburne came accordingly — to whom his Ex- cellency said as to the other Gentlemen Whereupon Col Sherburne Expressed his readiness to accept the royal favour. Then a message was sent by his Excellency to Capt Iluske to signify to him that the Gov' would speak with him at the. board he came also ; to whom his Excellency was pleased to say as to the others and he in reply expressed his readmess to accept. Whereupon tlie Mandamus's for the admission of the said Col. Sherburne and Mr. Iluske were read. After which they took all the proper oaths, repeated the declara- ration provided by law, subscribed the same and then took their places at the Board accordingly.
Mr. Sheriff made a return of the writ for Electing an Assembly which was laid before the Board and the names of the persons returned to serve arc as follows.
[See Journal of the House, p. 646.]
His Excellency was pleased to order Geo. Jeffrey and Joth Odiorne Esqs. to repair to the House of representatives and administer to those persons returned to serve in the Assem- bly tlie several oaths Decla" and &c. required by Law who went accordingly and returning said they had done as were ordered Except to four members who were not yet come.
Then his Excellency sent Josh'' Peirce Esq'' to the mem- bers that were sworn to direct them to proceed in the choice of a Speaker who returned — done the message.
Mess""^ Benning Wcntworth Geo. Walton Theo. Atkinson and Robert Boyes came to the Board and informed his Ex- cellency the Gov'' that the members had. chosen And'' Wig- gin Esq. for their Speak' and [p. 92] then withdrew.
A message from his Excellency by the Secretary to the House of representatives to require their attendance at the Council Board tlie Speaker and House came up accordingly to whom his Excellency was pleased to make the following speech.
[See Journal of the House, p. 647.]
Adj. til tomorrow 11 o'clock, a. m.
796 PROVINCE OF NEW-HAMPSHIRE. [1734.
Prov. of New Hamp.
At a General Assembly held at Portsmouth by adj' Wed- nesday, Jan^ 2^1 1733-4.
Present His Excellency Jona. Belcher, Esq. Gov'' Shad--^ Walton J Eph^' Dennet.
Geo. Jaffrey > Esqs. Joth. Odiorne.
R. Waldron ) Jos Sherburne.
Ellis Huske, (i) Wg g H Sherburne J * ^ ' A message to the Board by Mr. Packer to Inform his Ex- cellency that several of the members were newly come and pray'd the Gov'' would be pleased to give order for their being sworn.
His Excellency sent Geo. Jafifrey and Eph* Dennet Esqs. to administer the oaths to the said new members who re- turned they had sworn and caused to repeat the declaration and subscribe the same, Paul Gerrish, Paul Wentworth Esqs. and Capt. Tho^ Millet.
Adjourned til tomorrow 10 o'clock.
Prov. of N. Hamp.
At a General Assembly held at Portsmouth by adjourn- mS Thursday Jan 3^ 1733-[4.]
Present in Council His Excellency Jonathan Belcher, Esq. Gov"" [p. 93] Shad: V\^alton^ H. Slierburne^
Geo : Jaffrey > Esqrs. R. A¥aldron > Esqrs. Joth. Odiorne j Eph^ Dennet J
Josh : Pierce ^ Jos : Sherburne > Esqs. Ellis Huske J A message to the Board by Mr. Atkinson with a vote of the House for a Committee to tell over the bills to be burnt. Adj. til tomorrow 10 o'clock a. m.
Prov. of New Hamp^ At a Genl. Assembly pr adjourn- ment Eryday Jan 4"' 1733-4.
(') Ellis Iliiske and Jos. Sherburne were both of Portsmouth. Ed.
1734.] JOURNAL OF GENERAL ASSEMBLY. 797
Present ut supra.
A message to the Board by Mr. Palmer with a vote for recorder which was concurred in Council.
A message to the Board by Messrs Boyes and Smitli with a vote for a Committee to estimate the Charge of the Province
Adj'' til tomorrow, 10 o'clock A. M.
Prov. of N. Hamp.
At a General Assembly, &c. Saturday 5"^ Jan'y 1733-4 [p. 94.] Present in Council
His Excellency Jona Belcher Esq. Gov. Shad Walton ^ H. Sherburne ^
Geo. Jaffrey VEsqs. Eph Dennet VEsqs. Joth. Odiorne j R Waldron j
Josh Peirce ^ Jos Sherburne vEsqrs. Ellis Huske j His Excellency was pleased this day to give his Assent to the votes for a Committee to tell the money to be burnt, for a Record' and for the Estimates which the Sec^ was sent down to Inform the House, of Capt. Peirce petition for Not- ingham read and sent down by Josh'* Peirce Esq''. Adjourned til Monday 3 oclock p. m.
Prov. of N. Hamp.
At a Gen' Assembly Monday 7 Jan>' 1733-4. Present Shad^' Walton ^ Hen. Sherburne "]
Geo. Jaffrey > Esqs. R Waldron > Esqs.
Joth : Odiorne ) Eph^ Dennet j
Jos. Sherburne | -p Ellis Huske f^^^^- Adjourned till tomorrow, 10 o'clock a. m.
Province of New Hampshire.
At a General Assembly Tuesday 8 Jan-^' 1733-4.
798. PROVINCE OF NEW-HAMPSHIRE. [1734.
Present His Excellency Jona Belcher Esq. Gov''
Shad=^ Walton ^ Epli. Dennet^
Joth. Odiorne vEsqs. Ellis Hiiske >Esqs. [p. 95.] Ricli^» Waldron J Geo. Jatfrey J
Henry Sherburne ) t^-, Jos. Sherburne J ^ Tobias Leighton p'ferred a Petition in behalf of his sister Eliza Wentworth praying for a suspension of a Judgment &c. read and a vote made thereon and sent down for concur- rence pr Capt. Huske.
Benj'* Mathes preferred a Petition for a Township Ordered to lye for Consideration til the next session. Adjourned til tomorrow 10 o'clock a. m.
Prov. of New Hamp.
At a General Assembly Wednesday Jan. 9'^ 1733-4.
Present His Excellency Jona Belcher Esq. Gov"^ Shad^ Walton ^ R. Waldron )
Joth Odiorne VEsqs. Eph^ Dennet VEsqs Henry Sherburne j Josh. Pierce j
Jos. Sherburne ) -pi Ellis Huske \ -^^^^• A message to the Board by Mr Jennis with the Petition of Tobias Leighton in behalf of Eliz^ Wentworth and a vote thereon, sent down yesterday with a vote of Concurrence with amendment as follows :
William Chamberlain preferred a Petition for support of the Gospel at Rochester read and a vote passed thereon and sent down for concurrence by Capt, Huske.
A message to the Board by Mr. Stevens with Chamber- lains Petition and a vote of Council concurred by the House signed by the Gov^ Adj^^ til tomorrow, 10 o'clock a. m.
Province of New Hampshire.
At a General Assembly Thursday Jan^^ 16^^ 1733'4.
[p. 9G.] Present as before.
A message to the Board by a member of the House with
a bill against killing deer.
1734.] JOURNAL OF GENERAL ASSEMBLY. 799
A message to the Board by Capt. Gillman with a vote for an agent.
Adj'^ til tomorrow, 10 o'clock a. m.
Prov. N. Hamp'. At a Gen^ assembly Fryday Jan. 11, 1733-4.
[Present in Council as before.]
Col. Henry Sherburne presented a Petition for the Ex- ecutors of Mr. Emerson Will, praying an Act to revive a case which was read and voted to be granted and sent down by Lt Col Jos Sherburne for concurrence.
A message to the Board with an answer to the Gov' Speech by Mess""* Stevens, Clarkson and Parker :
[See Journal of the House, p. 653.]
A message to the Board by Mess""^ Smith, Boyes and San- burn with a vote for Emitting 3000£
[p. 97.] Tobias Leighton appeared to prosecute his Petition for Mrs Eliza Wentworth and Capt Wallingford to answer and being fully heard the petition was sent down by Capt. Huske.
A message to the House by Capt Odiorne with the vote of the House for Emitting 3000X non-concurr'd and a vote of Cone'' for the same sum. Adj*^ til tomorrow.
Prov, of N. Hamp.
At a Assembly, Saturday Jan^ 12*% 1733-4. Present Shad=^ Walton "l R. Waldron "j
Joth"^ Odiorne I -^ Eph'^ Dennet ! ^
H.Sherburne (^^^^' Josh=^ Peirce l^^^^'
Jos. Sherburne J Ellis Huske )
A message to the Board by Mr. Sanburn w*'^ the Petition of Tobias Leighton and votes thereon as follows : Adj*^ til Monday 3 o'clock p. m.
Province of N, Hampshire.
At a General Assembly Monday Jan. 14*'^ 1733-4. Present Shad^ Walton J Eph» Dennet J
Geo. Jaffrey > Esqs. Joslr"" Peirce > Esqs.
R. Waldron ) Jos. Sherburne 3
Ellis Huske, Esq.
800 PROVINCE OF NEW-HAMPSHIRE. [1734.
A message to the Board by Capt Gillman with a vote about the 1730.
A message to the Board by Mr Geo Walton with a vote about the Exchange money. [p. 98.] Adj"^ til tomorrow 10 o'clock a. m.
Prov. of N. Hamp.
At a General Assembly Tuesday Jan 15*^ 1733-4. Present His Excellency Jonathan Belcher Esq. Gov^ Shad^ Walton "^ R. Waldron ^
Geo. Jaffrey \y^ Eph. Dennet ! -p
Joth. Odiorne [ ''^^' ' Josh** Peirce j ^
Jos. Sherburne J Ellis Huske J
The vote of the House for Eliza Wentworth bringing in a bill which was sent up a Saturday was read & voted a con- currence & his Excell^ consented. The vote about y^ 1730 £ sent up yesterday read & ordered to lye for consideration. A message to the House pr. Capt Pierce to desire the report
of y'' audit about y°
A message to y*" Board by Mr. Boyes with y® Report or Estimate ab* y° Exch* money.
A message to the Board by Mr. Jennis with Mrs. Emer- son's Petition voted to be dismissed. Pr. Stevens vote about address.
Adj'' till tomorrow.
Province of N. Hamp. -At a Gen^ Assembly, Wednesday 16*'^ Jan^ 1733-1.
Present His Excellency Jona Belcher Esq. Gov'. Shad^ Walton ) R Waldron )
Jos Sherburne > Esqs. Eph* Dennet > Esqs.
Joth Odiorne ) Josh^ Peirce j
A message to the Board by Mr. Clarkson and Mr. Boyes with a vote for a supply of the Treasury. Adj*^ til tomorrow 10 o'clock a. m.
Province of New Hamps.
At a Gen^ Assem. Thursday 17*^' Jan 1733-4. [p. 99.] Present
1734.] JOURNAL OF GENERAL ASSEMBLY. 801
His Excellency Jona. Belcher, Esq. Gov' ShadMValtoiil R. Waldron ^
Joth. Odiorne VEsqs. Eph^ Dennet VEsqs.
Geo. Jaffrey j Josh Peirce j
Jos. Sherburne, Esq. A message pr Smith with accts and Wentworth and post- poning the 15000 £ pr the Pressed* the vote of the House about Exchange money nonconcurr'd, and with it a vote of Council about the same money. Pr Mr. Jatfrey vote ab* the agent nonconcurrd. Pr Mr. Odiorne the vote of the House about the 1730<£ nonconcurrd and a vote of Council relating thereto.
Pr the Secretary the Council's answer to the House about addressing . By Mr. Dennet the vote of the House about putting money into the Treasury concurrd with amendment. Pr Col. Sherburne the vote of the House for postponing part of the 15000 =£ for reasons mentioned. Adj"^ til tomorrow 10 o'clock a. bi.
Province of New Hampshire At a General Assembly, Fryday 18"' Jan^ 1733-4. Present His Excellency Jona Belcher, Esq. Gov ShadMValton^ R. Waldron )
Geo. Jaffrey VEsqs. Eph* Dennet > Esqs.
Joth™ Odiorne j Josh Peirce )
Jos Sherburne, Esq. A message to the Board by Mr. Clarkson with the votes No 2 and No 3.
[p. 100,] The Secretary and Josh. Peirce Esqr. were sent with a message from the Gov as follows, viz. to adjourn the Assembly till Monday next at 10 o'clock a. m.
[Met according to adjournment, and adjourned till to- morrow 10 o'clock a. m.]
Prov. of N. Hamp.
At a General Assembly held at Portsmouth Tuesday 22-* Jan^ 1733-1.
Present in Council 51
802 PROVINCE OF NEW-HAMPSHIRE. [1734.
His Excellency Jona. Belcher, Esq. Gov'' Shad* Walton ) R. Waldron J
Geo. JafFrey > Esqs. Josh. Peirce V Esqs. Joth Odiorne ) Jos. Sherburne )
Ellis lliiske, Esq. A message to the House pr. Capt Iluske with Mrs. Emer- son's Petition to sell land.
Adj'^ til tomorrow 10 o'clock a. m.
Prov. of N. Ilamp.
At a General Assembly held at Portsmouth Wednesday, 23^ Jan^ 1733-4.
Present in Council His Excellency Jona. Belcher, Esq. Gov'' Shad* Walton \ Josh. Pejrce J
Joth. Odiorne > Esqs. Jos. Sherburne > Esqs. [p. 101.] R. Waldron ) Ellis Huske )
A vote by Millet about Atkinson's money, by Stevens the vote to suspend consideration.
Assembly
dissolved.
In Council After the General Assembly was dissolved ^Mr. Atkinson made a motion to his Excellency in Council that as the rea- son for his refusing to be admitted into the Council the V^ Instant was removed he was now ready to take the oaths : to which the Governor answered as follows :
Sir—
Your refusing to accept the royal favour of being of his Majesties Council when I offered to admit you three weeks ago I look upon so o-reat a disrespect to his Majesty as makes it necessary for me to repre- sent liome your contemptuous behaviour before I admit you to the honor of being of his Majesties Council of this Province.
In Council, voted That the Governour draw for his next half year's Salary when it becomes due, viz. 25 Feb. next. In Council advised that his Excellency Issue a Writ for con- vening an Assembly when he shall think proper.
1734.] JOURNAL OF GENERAL ASSEMBLY. 803
[p. 103.] Anno Regni Regis Georgii 2*^' octaYO.
Province of
New Ham|/. At a General Assembly held at Portsmouth
Tuesday, October 8, 1734. Present,
His Excellency Jonathan Belcher, Esqr. Gov'' George Jaffrey ^ Benjamin Gambling ^
Joth, Odiorne I y Ephraim Dennet ! -p
Henry Sherburne [ ^ * Joshua Peirce \ ^' '
Rich'* Waldron j Jos. Sherburne J
The Writs for conveying an Assembly being returned it appeared that the persons chosen to serve in the said Assem- bly are, —
Capt. Geo. AValker ) Tlieod. Atkinson, Esq. ) New Castle
James Clarkson Esq. - Portsm° Rich'^ Jennis ^ & Rye
Capt. John Rindge ) Tristram Sanborn Kingston
Paul Gerrish Esq. ) George AValton Newington
Paul Wentworth Esq. - Dover
Capt. Tho. Millet ) Andrew Wiggin Esq. Stretham
John Sanburn ^ tt + Robert Boyes, Derry
Samuel Palmer f "^mpton ^ Joshua Weeks, Greenland.
Peter Weare, Esq. Hampton Falls.
Barth^' Thing } ^^ . T>„x„ r^i * - Jiyxeter Peter Gilman )
A message from his Excellency to the House b}" Messrs. Jaflfrey and Odiorne with an order to administer the oaths appointed to l)c taken instead of the oaths of Allegiance and Supremacy to the Persons above named and to cause them to subscribe [p. 104] the Declaration who returning reported they had administered &c. to all except James Clarkson, Barth'"' Thing, Peter Gilman and Robert Boyes.
A message to the Board by Aless'' Peirce and Jos. Sher- burne to direct the House to choose a Speaker, &c.
A message to the Board by Messrs Atkinson, Gerrish, Rindge to acquaint his Excellency that the House had chosen Andrew Wiggin Esq. for their Speaker.
Adjourned till tomorrow 10 o'clock a. m.
Anno Regni Regis Georgii, 2'^' 8vo.
Province of New Hampshire. At a General Assembly held at Portsmouth Wednesday October 9"' 1734
804 PROVINCE OF NEW-HAMPSHIRE. [1734.
Present His Excellency Jonathan Belcher, Esq. Gov""
Shad^ Walton George Jatfrey
Ephraim Dennet"^ Josh. Sherbur
Joth. Odiorne }>Esqs. Benj^ Gamblin
Henry Sherburn Joshua Peirce j
"g [-Esqs.
Richard Waldron
John Dearborn and others preferred a Petition for a Parish at North Hill which was read and a vote made thereon and sent down for concurrence by Jos. iSherburne, Esq.
A message to the Council by Mr. James Jeffrey and others with John Dearborn's Petition & vote thereon with amend- ment which was concurred.
Adjourned till tomorrow 10 o'clock a. m.
Province of New Hampshire
[p. 106.] At a General Assembly held at Portsmouth,
Thursday October 10**^ 1734.
Present His Excellency Jonathan Belcher, Esq. Gov"" Shad^ Walton "^ George Jaffrey ! -p Ephraim Dennet
Henry Sherburn ,' ^ ' Jos. Sherburne ) " Rich'^ Waldron J
Mr. Matthew Bradford preferred a Petition praying for an act to vacate a judgment &c. which was read, and a vote made thereon and sent down by the Secretary who was di- rected to pray the House to proceed on Business. Brad- fords Petition returned by Mess""^ Jennis and Weeks, and by them a vote for an audit. The vote for an audit returned by the Secretary for reconsideration.
Joseph Chesley preferred a Petition for an act to vacate a judgment &c. Read & a vote made thereon and sent down for concurrence by the Secretary.
p. M.
A message to the Board by Mr. Sanburn with the votes for a Committee of audit ttc. reconsidered and amended as follows.
A message to the Board by Paul Gerrish Esq. to acquaint his Excellency that three members were in the House not
1734. J JOURNAL OP GENERAL ASSEMBLY. 805
sworn and to pray they might be qualified. Accordingly Ephraim Dennet and Jos. Sherburn, Esq. were sent down to administer the oaths which they did to Mess" Thing, Oilman & Clarkson.
Adjourned till tomorrow, 10 o'clock a. m.
Anno Regni Regis Georgii 2*" 8yo. Province of New Hampshire
[p. 106.] At a General Assembly held at Portsmouth by adjournment, Friday, October 11, 1734.
Present His Excellency Jonathan Belcher, Esq. Gov"" Shad^" Walton ^ , Benj^ Gambling
Geo. Jaffrey Lesos Ephraim Dennet ^^J.
Henry Sherburne [ ^ ' Joshua Peirce j ^ Rich'^ Waldron J Jos^' Sherburne J
A message to the House from his Excellency by the Sec- retary to require their attendance at the Council Board. The Speaker and House came up accordingly to whom his Excellency made a Speech k being humbly desired by the Speaker gave him a copy thereof and then the House with- drew.
John Brown presented a Petition subscribed by the Select- men of Hampton Falls praying for two annual Fairs in that Parish, &c. Granted.
Ordered That a Charter be made out accordingly and that the Fairs be on the the last Tuesday and Wednesday in April and 8''" annually forever.
Adjourned til tomorrow 10 o'clock a. m.
Province of New Ilamp""
At a General Asseml^ly at Portsmouth Saturday October 12, 1734
Present His Excellency Jonathan Belcher, Esq. Gov^ Shad* Walton ^ Ephraim Dennet '^
Henry Sherburne I -n,^^^ Joshua Peirce (p_„ Richard Waldron p^^^- Jos. Sherburne ( ^^^^• Benj'' Gamljling j George Jaffrey j
806 PROVINCE OF NEW-HAMPSHIRE. [1734.
Benning Wentwortli, Theodore Atkinson this day admit- ted and sworn.
[p. 107.] Mr. Matthew Bradford was this day heard upon his Petition ag^' Capt. Thomas Wright and the said Wright was also fully heard in answer thereto, and then a vote was made thereon for enabling the Petitioner to bring in a Bill & the same was sent down by the Secretary which was brought back by Capt. Walker concurred.
A message to the Board from the House by Clerk Jeffrey with a vote for postponing the payment of the X1730 which was read and non-concurred.
Mr. Wentwortli and Mr. Atkinson admitted Councillors
Adjourned till Monday next 11 o'clock.
Province of New Hampshire
At a General Assembly held at Portsmouth, Monday 14 October 173-4.
Present George Jaffrey ^ Joseph Sherburn ^
Jotham Odiorne |^ -p, Henry Sherburn |^ y
Richard Waldron f Ephraim Dennet '' ^
Joshua Peirce j Theodore Atkinson j
Adjourned till tomorrow.
Province of New Hampshire — At a General Assembly held at Portsmouth Tuesday 15 October 1734.
Present
His Excellency Jonathan Belcher, Esq. George Jaffrey ^ Benj* Gambling
Jotham Odiorne Shadrach Walton
Henry Sherburn Pichard Waldron Theodore 'Atkinson Ephraim Dennit
[p. 108.] A Message to the Board by Mr. Jennes to acquaint his Excellency that one of the Members of the House was not yet qualified
Mr. Jaffrey and jMr. Odiorne were sent down to do it and returning reported they had administered the oath &c. to Mr. Robert Boyes.
Samuel Graves preferred a petition which was read.
t -p, Joseph Sherburn )> y
^ '■^' Joshua Peirce I ^^
Bennino; Wentwortli
1734.] JOURNAL OF GENERAL ASSEMBLY. 807
John Gove also preferred a petition which was read. Both sent down Ijy Messrs Jaffrcy and Odiorne. North Hill petition heard'. Adjourned til tomorrow. 10 o'clock a. m.
Province New Hampshire
At a General Assembly held at Portsmouth October- 16*^ 1734, being Wednesday.
Present as before.
A message to the Board by Messrs Tiling and John San- born with the following Papers viz.
Vote for an Additional Act about the 15000 £
John Gove's Petition and votes.
North Hill Petition dismissed.
Samuel Hart preferred a Petition which was read and sent down by Capt. Peirce.
Mary Emerson and others preferred a Petition which was read and recommended to the House and sent down by Joshua Peirce, Esq.
A message to the Board by Mr. Clarkson to inquire [p. 109] whether the Council had passed on the vote of the House about the lloO£ loan which was sent down by Capt. Peirce.
Joseph Sheffield preferred a Petition which was read and a vote passed thereon and sent' down by Joshua Peirce Esq.
A hearing had on Chesley's Petition and recommended to the Houses consideration & the Petition sent down by Mr. Atkinson.
A Petition of John Gove read and recommended and sent down by Col. Jos. Sherburn,
Adjourned till 10 o'clock a. m.
Province of New Hampshire.
At a General Assembly held at Portsmouth Thursday October 17, 1734.
Present — Councillors as before. A message to the Board by a member of the House with a vote for demandhig the 1730£.
Adjourned till tomorrow, 10 o'clock a. m.
808 PEOVINCE OF NEW-HAMPSHIRE. [1734.
Province of New Hampshire.
At a General Assembly Friday October 18, 1734. Present His Excellency Jonathan Belcher, Esq. Gov"^ [and Councillors as before]
[p. 110.] A message to the Board by Messrs Jaffrey with several votes, viz.
Sheffield's and votes thereon.
Hart's Petition and votes thereon.
Goffc's Petition and vote thereon, & Chesley's Petition which last was sent down for further consideration by Mr. Atkinson.
The vote for a Committee to prepare a bill for the calling of the remainder of the £15000 loan read and vote a con- currence passed thereon.
The vote for calling in the 1730c£ loan sent up yesterday read and sent down by the Secretary and Mr. Atkinson for further consideration .
A message to the Board by Capt Weeks with the Petition of Chesley and votes thereon.
Adjourned till tomorrow 10 o'clock A. M.
Province of New Hampshire.
At a General Assembly held at Portsmouth, by adjourn- ment, Saturday October 19*'' 1734.
Present Geo. Jaffrey ") Josh* Pierce ")
Henry Sherburne ! p Jos. Sherburne I -p,
Pic<i Waldron f ^^^^- Benj. Wentworth f ^^^^'
Eph'' Dennet j Theo. Atkinson J
Adj'^ till monday next 10 o'clock a. m.
Prov : of N. Hamp. [Met according to adjournment. Present as before — witli Shad" Walton & Jotham Odiorne] Adj'' til tomorrow 10 o'cloclc a. m.
[p. 111.] Prov. of N. Hamp.
At a general assembly by adjournm* at Portsmouth Tues- day Ocf 22'' 1734.
173i.] JOURNAL OF GENERAL ASSEMBLY. 809
Present His Excellency Jonathan Belcher Esq. Gov'' Shad"^ Walton ) Rich" Waldron ^
Jothani Odiorn > Esqs. Eplr"* Dennet I p
Henry Sherburne ) Josh* Peirce [ ^
Jos. Sherburne J His Ex. the Gov. sent the Secretary to the House of Rep- resentatives to require their attendance at the Council board, the Speaker reply'd that some of the members were absent and the clerk was not there and that they Avould come up by e by (or as as soon as they came) whereupon His Excellency sent the Secretary to require their attend* immediately upon •which the Speaker and House forthw'" attended at the Bord and then His Excellency was pleased (after reprimanding the Speaker Wiggin for his indecent and unmannerly reply to his Excellency's first message) to make the following Speech to the House.
[See Journal of the House, p. 679.] Then the Assembly was Dissolved.
At a Coun. held at Coun. Chamb'" in Portsm" Tuesday Oct'' 22, 1734.
Present as above.
His Excellency asked the advice of the Council for Issu- ing a writ for conveneing a new assem w*^^ they unanimously advised & consented to at such time as his Excellency sh'^ think fit.
His Excellency ask'd the advice of the Council for Issuing a Warrant to the Treasure'" for his half year's Salary due the 25 Aug*^ last, which they unanimously advised and con- sented to.
His Excell. asked the advice of the Council for issuing a proclam* for Public thanksgiving on y^ 7*'' 9'' next w'^'^ being prepared by the Secretary persuant to the gov'' order was read and passed in Coun. unanimously and ordered to be published in the usual manner.
[p. 115.] Anno Rni. R'. Georgii 2*^' nono. Pro. of N. Hamp'^
810 PROVINCE OF NEW-HAMPSHIRE. [1736.
At a general assembly held at Portsmouth upon Wednes- day the 21^t ^ppii 173(3,
Present
His Excellency Jona. Belcher, Esq. Gov''
Shad" Walton Geo Jaffrey Joth Odiorne Henry Sherburne Eich-^ Waldron
Eph'^ Dennet Josh'^ Peirce } Esqs Ellis Stark(0
Tlieo. Atkinson Jos, Sherburne
> Esqs
Eleaz"" Russel & Ricli^ Wibird Esq. high sheriff made re- turne of the writ for chusing assembly men with the names of the several persons Elected as follows, viz. names Endorsed on the writ.
[See Journal of the House, p. 700.]
A message to the House from his Excellency by the Sec- retary & Mr. Peirce to administer the oaths to the persons return'd to serve on the Assembly who went down and ad- ministered the said oaths to as many as were present.
A message to the House by the Secretary from his Excel- lency to direct them to chuse a Speaker.
A message to the Board by Messrs Walker, Parker and Clarkson to acquaint his Excellency that they had chosen Andrew Wiggin Esq. for their Speaker.
Adj*^ til tomorrow, 10 o'clock a. m.
At a gen' assembly by adjournm* Thursday the 22 April 1736.
Present in Coun. as before, [p. 116.] A message to the Board by Mr. Parker to ac- quaint his Excellency that there were two members in the House not sworn & to pray that they might be qualified.
A message to the House by the Secretary & Mr. Peirce to administer the oaths to the members unsworn, who went down & administered them to Mr. James Gregg & Capt. R. Jennis.
A message to the House by Mr. Atkinson from his Excel- lency to require their attendance at the Council Board. The
(') This name fihould be Hushe. The error runs through the remain- der of this Journal, but inasmuch as the error is palpable, the editor takes the liberty, in every case, to correct it.
1736.] JOURNAL OF GENERAL ASSEMBLY. 811
Speaker & House came up accordingly to whom his Excel- lency made the following speech.
[This Speech not on record.]
A message to the Board by Capt. Jennis & another mem- ber with a vole for a Comittee of and it passed and it is as follows.
Mr. George Duncan prepared [preferred] a Petition for a 2*^ Parish in London Derry which was read, and then a Peti- tion was read in opposition to ^h\ Duncan's, upon which a vote was passed for appointing a hearing on the s** Petitions on Tuesday next which vote together with the said petitions were sent down to the House by the Secretary who was also directed to acquaint them Council had concurred their vote for a Comittee of audit & the Gov"" had consented to it.
A message to the Board by ^Ir Smith & Capt. Oilman with the Derry Petitions for a new Parish & a vote for a hearing. The vote is as follows :
Adj'^ til tomorrow, 10 o'clock a. m.
Pro : N. Hamp^ At a general assembly held at Portsm° by adjonrnm* Tuesday Apr. 23'^ 1736.
Present in Coun. His Excellency Jon* Belcher Esq Gov'. Sha. Walton ^ Eph Dennet ^
Geo. Jaffrey Josh* Peirce j
Joth Odiorne > Esqs Jos. Sherburne )> Esqs
Henry Sherburn [ Ellis Huske
Rich"^ Waldron j Theodore Atkinson
[p. 117.] The petitioners for a new Parish at Hampton Falls and the Selectmen of said Falls Parish as respondents appeared at tlie Board & were heard upon the said Petitions and then the said Petitions and Papers relating thereto were sent down to the House of Representatives by the Secretary. Sam^. Hart Esq. as Guardian to the Children of George & Robert Almory preferred a Petition praying leave to sell part of Messuage belonging to his wards which was read and sent down.
John Pleader and others preferred a Petition praying for a special act to Dock an Intail &c. read, sent down by the Secretary.
Adj'' til tomorrow, 10 o'clock a. m.
812 PROVINCE OP NEW-HAMPSHIRE. . [1736.
Pro. N. Hamp. At a Gen' Assembly, Saturday Apr. 24 1736
Present in Coun.
Geo. Jaffrey "1 Eph. Dennet
Joth Odiorne ! y Josh* Peirce
Henry Sherburne [ ^ " Jos. Sherburn )>Esqs.
Eich-i Waldron J Ellis Huske
Theo. Atkinson ^
A message to the Board by Mr. Peirce w**" Meaders Peti- tion & vote thereon as follows :
By y** same message the Petition of John Prescot & others w*** a vote thereon as follows :
A message to the Board "by Capt. Walker w*^ a vote for calling in y* residue of y® £15000.
A message to the House pr Mr. Atkinson to acquaint them the Council had agreed with their votes on Meaders & Prescott's Petitions.
Adj'd til monday next 11 o'clock.
Pro. N. Hamp^ At a Gen^ Assembly held at Portsmouth, Monday April 26, 1736.
[p. 118.] Present as before — with Sh* Walton [p. 119.] Pro. N. Hamp^ At a General Assembly by ad- journment Tuesday Ap"" 27, 1736.
Present as before.
Adj"* til tomorrow 10 o'clock a. m.
April 28*1^ 1736, Present as before.
The Petitioners for a new Parish in Derry appeared at the Board, as also the respondents & were fully heard & then the Petitions and Papers were sent down to the House by the Sec^.
A Petition of the Quakers in Dover was read & sent down by the Secretary.
A Petition of the Inhal)itants of Rochester to oblige the non resident Proprietors to pay to y*" support of the ministry was read.
The Petition of ^Irs. Penhallow to the Gov"" & Coun. as Supreme Probate read.
1736.] JOURNAL OF GENERAL ASSEMBLY. 813
A message to the Board by Messrs Stevens & Hall w*'* the Treasurers acct. & several other accounts. Adjourned til tomorrow 10 o'clock a. m.
[p. 120.] Pro. N. Hamp' At a Geni Assem. held at Portsmo' Thursday Apr. 29, 1736.
Present in Coun. His Excellency Jon* Belcher, Esq. Gov"" Shad* Walton "^ Eph Dennet
Geo Jaffrey Josh* Peirce
Joth Odiorne )> Esqs. Jos. Sherburne Hen : Sherburn Ellis Huske
R Waldron J Theo. Atkinson
The vote of the House for appointing a Comitte to pre- pare a bill for calling in y* residue of y® X 15000 loan was read & concurred w*^ & is as follows.
Capt. Tho^ Phipps preferred a Petition in behalf of Lem- uel Butford w°^ was read & sent down by the Sec-^
A message to the Board by Mr. Stevens w**^ Derry Peti- tion & vote thereon, also the Treasurer's Gen' Account curr* pass*^ as on file.
A message to the Board by Mr. Peirce with two votes viz for calling in y^ 1730 £ & for Mr. Atkinson to pay 614 : 6 : 10 Exch* money to Mr. Treasurer Sherburn.
P. M. A message to the Board by Mr. Walton w"' sev- eral votes viz. ab^ Mr. Atkinson as Sher. ab*^ Mead : Roch- ester Petition, Bickford's Petition & Quakers Petition.
A message to the Board by Capt. Hall with a Bill for Docking an Intail according to Meaders Petition. Adjourned til tomorrow 10 o'clock a. m.
Pro. N. Hamp' At a Gen' Assembly held by adjourn- ment Fryday April 30^^^ 1736.
Present in Coun as before.
[p. 121.] A message to the Board by four members w"* a bill for supply of the Treasury and a vote for a Comittee to attend on Comiss" to settle the line.
Adjourned til tomorrow 10 o'clock a. m.
814
PROVINCE OF NEW-HAMPSHIRE.
[1736.
Pro. N. Hamp'". At a Gen^ Assembly by adjournm*, j\Iay l«t 1736.
Present in Council as before.
Mr. Mc'Murphy Preferred a Petition, read & sent down by Mr. Atkinson w*^"" was returned by one of the members of the House Voted to be dismissed.
John Goff preferred a Petition which was read.
A message to the House by the Sec-^ & Mr. Atkinson w"^ the Treasury bill sent up yesterday & the Council proposal for amcndm'^ thereon.
Adj'' til monday 10 o'clock.
May 3^' 1736.
A. M.
Met [and] Adj. til tomorrow 10 o'clock
[p. 122.] May 4, 1736. Met. Present in Coun. as before.
Pr. Parker, Stevens & Walton several Papers.
A message to the house by Mr. Atkinson w^"^ a vote ab* Parrish at Derry.
Vide minute of Probates.
Answer to y® Gov''® Speech.
Treasury bill & answ** to amendments.
Adj'' til tomorrow 10 o'clock a. m.
May 5, 1736. Met. Present as before [except Josh. Peirce]
His Excellency asked the advice of the Council for Issu- ing warrants for the payment of his Salary due the 25 of february last. To which the Council did advise and con- sent.
Adj til Saturday next, 10 o'clock a. m.
[p. 123.] Pro. N. Hamp^ At a Gen' Assembly held at Portsm" by adjournm* Saturday May 8, 1736.
Present His Excellency Jona. Belcher, Esq. Gov""
Shad^ Walton Geo. Jaffrey Joth Odiorne Ilenrv Sherburn Ricl/Waldron
Eph^ Dennet Josh* Peirce )>Esqs, Jos. Sherburn Ellis Huske Theo. Atkinson
VEsqs.
1737.] JOURNAL OF GENERAL ASSEMBLY. 815
A message to the Board by Messrs Jennis and Peirce w*^ Deny Petition & votes — also a vote ab* Printing the Jour- nal.
A message to the House by Messrs Odiorne &; Peirce with the supply bill with the Council amendments.
Adj"^ til tomorrow 10 o'clock a. m.
Monday May 10, 1736. Met. Present as before.
A Message to the Board by Messr^ Stevens & Smith w^'' the Treasury liill — w"^ y® Council amendm'^ — nonconcurred.
A message to the House by Messrs Waldron & Jos. Sher- burn w^'' a vote of y*^ House relating to Mr. Atkinson's money as Sheriff
Adj"^ til tomorrow 10 o'clock a. m.
[p. 124.] Tuesday May 11, 1736. Met. Present as before, [except George Jaffrey.] Bickford bill by Oilman.
May 12, 1736. Met. Present as before.
A message from y*^ Council to the House by the Sec^' & Capt. Peirce from the Council w*^^ was read to them & left with them. Also a message from Go[v] read and left and then the Sec^ by his Excellency's order declared the Assem. dissolved.
[p. 127.] Anno Regni Regis Georgii 2'' Dccinio. Pro. N. IIamp^
At a general assembly held at Portsmouth, Tuesdav, March f 8"^ 1736-7.
Present in Council His Excellency Jonathan Belcher, Esq. Gov''. Shad-'^ Walton "] Eph"^ Dennet
Geo. Jaffrey i y Josh^ Peirce
Henry Sherburn ( ^ Joseph Shorburn Rich"^ Waldron J Ellis Huske
Theo'^ Atkinson The Sheriifs made their return of the writ for chusing Assembly men with their doings thereon by which it appeared that the following Persons were elected, viz.
> Esqs
816 PROVINCE OF NEW-HAMPSHIRE. [1736.
( James Clarkson, Esq Port. ] Capt Geo. Walker
( Capt John Rindge
( Paul Gerrish, Esq. Dover. < Paul Went worth, Esq
( Capt. Thom^ Millet T-r , ( ^tr. John Smith
Hampton. j ^^^^^, Palmer, jun.
-p , I Ca"^ Peter Gilman
Ji^xeter. j -^^^^ ^^^^^, Gilman
N. Castle ( Joth. Odiorne, jr
^r ) CaP'. Rich Jennis
Rye. (
Kingston — Trisrtam Sanburn
Hampton Falls — Nath' Weare
Greenland — Thomas Packer
Newington — Geo, Walton
Strath. —And"' Wiggins
London Derry — None
Durham — Sam^ Smith
A message trom his Excellency to the house by the Secre- retary & Josh'' Pierce Esq. to administer the oaths &c. who reported that they had done it Except to Paul Gerrish Esq. who was not in the House.
[p. 128.] A message to the house hy the Secretary from his Excellency to adjourn them til tomorrow 11 o'clock.
Anno Regni Re^ Gii 2^ Decimo Pro. N. Hamp^
At a general assembly held at Portsm° by adjournm* Wednesday March 9, 1736[7]
Present in Council — [as before]
A message to his Excellency from the House of represent' to inform him that Capt. Gerrish one of the members for Dover, was come to the House, & to pray he might be sworn. Whereupon his Excellency sent the Secretary & Josh^ Peirce Esq to adm'' the oaths &c. to the said Gerrish — who reported they had done it.
A message from his Excellency to the House of Represen- tatives by the Sec^ to direct them to the choice of a Speaker and to present him to his Excellency.
[See Journal of the House, p. 716.]
1737.] JOURNAL OF GENERAL ASSEMBLY. 817
A message to his Excellency from the House of Represent- atives by Mr. Parker & two other members to inform him that the House had chosen And'"' Wiggins Esq for their Speaker who was accepted.
Adj** til tomorrow 8 o'clock p. m.
[p. 129.] At a general assembly held at Portsm" by adjourn- ment Thursday March 10 '36.
Present in Council — as before Anno Regni Regis Geo" 2^ Decimo.
A message to his Excellency with an answer to his Speech as follows :
[See Journal of the House, p. 717.]
As also to the Council with several votes, (viz.) Vote for a Comittee to prepare a bill for calling in y*' 15,000£ loan vote for comitte of Audit. Vote for Emission of 3000 <£ to Exch^ old bills.
Robert Boyes presented a petition to the Board relating to Derry Town meeting, read.
Mr. Wm. Parker presented a Petition to exempt Presby- terians from paying to a Congregational Minister at Chester, Read.
John Goffe jun. proposed a Petition for a Special Act to enable the Sup"" Court to grant Executions &c. Read.
Thomas Wallace presented a Petition about new meeting house at Derry.
Mr. Wm. Parker presented a petition for a Special Act to tax the non-resident Proprietors of Rochester to the min- ister for 7 years read.
Presented a Petition praying the Gen^ Court to accept the return of the Comitte who viewed the Parish of Hampton Falls.
A message to the House by Mr Dennet to Inform them that Geo Jaffery, Eph. Dennet, & Ellis Huske Esqrs. are ap- pointed to be of the Comitte of Audit, & would act upon the affair tomorrow as soon as they pleased.
Adj*^ til tomorrow 3 o'clock p. m.
[p. 130.] Pro. N. Hamp^ At a Gen^ Assembly held at Portsmouth by adjournm* friday March 11, 1736-7 Present in Council as licfore. Adjourned til tomorrow, 10 o'clock a. m. 52
818 PROVINCE OF NEW-HAMPSHIRE. [1737.
Anno Regni Regis Georgii 2*^' Xmo. Pro. N. Hamp"'
At a General Assembly held at Portsm" by adjournm* Saturday March 12, 1736-7.
Present in Council as before.
Lemuel Bickford presented a Petition to the Board relat- ing to a Case with Benj^ Richards which was read.
A message to the Board by Mr. Parker with Capt Harts petition & vote ab* 1730£.
Adjourned til Monday next 3 o'clock p. M.
[p. 131.] Pro. N. Hamp'' At a Gen^ Assembly by ad- journm* Monday March 14, 1736-7.
Present in Council as before
A message to the Board by Mr. Clarkson w*'^ a vote to view the Fort, & another to view the prison as follows.
A message to the House by Mr Sheriff Russel to inform them the Coun had concurred with y'' above Votes relating to y'' Fort & Prison.
Adjourned til tomorrow 3 o'clock p. M.
Pro. N. Hamp'' At a Gen^ Assembly held at Portsmo. by adjournm* Tuesday March 15, 1736-7. Present in Coun. His Excellency Jona. Belcher, Esq. Gov'' Shad'' Walton J Eph^ Dennet ^
Geo. Jaffrey > Esqs. Jos. Sherburne 1 -p Hen. Sherijurne ) Ellis Huske [ ^ *
Theo. Atkinson J Anno Regni Regis Georgii 2''' nono ? A message to the Council by Mr. Clarkson & Mr. Odiorne w^^' the Treasur's Account Curr'd. Vote for a Recorder & Vote ab* Hughes & Ambler's mony Pr Mill* & pr Mr. Gil- man to desire Mr Boyes might be sworn. Adjourned til tomorrow, 10 o'clock a. m.
[p. 132.] Pro. N. Hamp' At a Gen' Assembly held at Portsm^ by adjournm* Wednesday March 16, 1736-7.
Present His Excellency Jona. Belcher, Esq, Gov' [and Council as before]
1737.] JOURNAL OF GENERAL ASSEMBLY. 819
A message to y" House by Jos. Sherburn & Theod. Atkin- son Esqs. to Swear Mr. Boyes.
A message to the Board by Mr. Boyes & Another member of y® House w*"^ a vote to allow Mr. Atkinson 2^ pr cent for Exch^ &c.
William Hill preferr'd a Petition to Dock an Intail, Read. Christian Baker, Petition Read
Adjourned til tomorrow, 11 o'clock a. m.
Pro. N. Hamp'' At a Gen^ Assembly held at Portsmouth by adjournmt Thursday 17^" 1736-7.
Present in Coun. as before
A message to the Board by Messrs Gerrish, Clarkson & Walker, with a bill for Supply of the Treasury. Report ab' Fort & Goal & Certificate of Agency of y^ House in Great Britain, which was read.
Adjourned til tomorrow 11 o'clock a. m.
[p. 133.] Pro. N. Hamp^ At a General Assembly held at Portsmouth, Friday March 18, 1736-7
Present in Coun. as before. Anno Regni Regis Georgii 2di Xmo.
P. M. The Treasury Bill read a second time.
A message to the Board by Messrs Clarkson, Parker & Walton, with a vote a Tax of 600 £ k to thank his Excel^ in the name of the House for a sight of the Report of y^ Right Hon^''*^ y*' Lds of Trade to the Comitte of Council.
In Coun : Voted that Geo. Jaffrey, Eph^ Dennet and Capt. Huske examine the vouchers of the several Articles in the Treasury Bill & make report tomorrow at 10 o'clock a. m. Adjourned, till tomorrow 10 o'clock.
Pro. N. Hamp' At a Gen^ Assembly held at Portsm" by adjournm* Saturday March 19"* 1736-7.
Present in Coun : as before, [p. 134.] A Petition of Mr President Walton read.
A message to the Board by Mr. Clarkson, to inquire whether any thing will be sent to the house this day.
Answered by Capt. Huske nothing will be sent down to day.
Adjourned til Monday next, 3 o'clock p. m.
820 PROVINCE OF ISfEW-HAMPSHIRE. [1737.
Pro. N. Hamp^ At a General Assembly held at Ports- mouth by adjounim^ Monday March 21" 1736-7. Present in Council as before. The Treasury bill read again debated & passed with amendments & additions.
Adjourned til tomorrow, 10 o'clock a. m.
Anno Regni Re* G" 2"^' Xmo.
Pro. N. Hamp^ At a Gen' assembly held at Portsm" by adjournm' Tuesday March 22'' 1736-7.
Present in Coun : as before.
[p. 135.] A message from the Board to the House of Representatives by Geo. Jaffery, Jos. Sherburn & Theod''^ Atkinson, Esqs. with the Treasury Bill & the Council Amendm'" & additions thereto passed yesterday.
A message to the Board by Mr. James Jeffery Clerk of the Representatives to show how the article for the Council is justify ed in y^ Treasury bill.
Adjourned til tomorrow, 10 o'clock
Pro : N. ITamp'' At a Gen' Assembly held at Portsmouth by adjornm* Wednesday, March 23, 1736-7. Present in Council His Excellency Jona. Belcher, Esq. Gov"^
Shad"* Walton ^ Josh^ Peirce ^
Geo. Jaffrey [y^ Jos. Sherburn >Esqs.
Henry Sherburne | ^^ ' Theo. Atkinson j
Rich-* Waldron J
A message to the Board by Mr. Clarkson & two more members with the Treasury Bill & y** Council Amendments & the Representatives Answer to the Council Amendm'* all which were read & a concurrence voted to the amendments of y® House as entered thereon, which were sent down to the House by Geo. Jaffery, Josh* Peirce, Joseph Sherburn & Theod'"'' Atkinson, Esqs. [p.136.] Anno Regni Regis Geo" 2*" Xmo.
The Petition of Mr President Walton read a second time & recommended to the consideration of the House in a mes- sage by Eph* Dcnnet & Ellis Huske Esqs.
1737.] JOURNAL OF GENERAL ASSEMBLY. 821
Mr. Huske Petition read <fe a vote of concurrence pass'd w^*" the vote of representatives giving him leave to bring in a bill.
A message to the Board by Messrs Rindge & Boyes to inform the House of Represent* had concurred with y® last amendm'' of the Suply bill.
Hampton Fall new Parish Petition read & recomended.
Lemuel Bickford's Petition read & recomended.
Derry Petition ab* disorderly Town meethig read and recomended.
Derry Petition ab' meeting house read & recomended.
John Golf's Petition & vote for leave to bring in a bill.
Presbyterian Petition read & recomended.
Hill's Petition to Dock an Intail read & leave to bring in a bill.
Vote for a Comitte to draw a bill for calling in the 15000X loan read a second time & concurred
Vote for calling y'^ 1630ii (^) read & concurred with amendm*^.
Vote for a tax of Q00£ Read & Concurred.
Adjourned til tomorrow, 10 o'clock a. m.
Esqs.
[p. 137.] Pro: N. Hamp^ At a Gen' Assembly held at Portsm° by adjournm* March 24 1736-7. Present in Coun : His Excellency Jon* Belcher Esq. Gov^ Shad* Walton ^ Eph* Dennet
Geo. Jaffrey Josh* Peirce
Joth. Odiorne >Esqs. Jos. Sherburn Rich*^ Waldron Ellis Huske
Benj* Gambling j Theo. Atkinson J
Henry Sherburn, Esq. A message to the Board by Josh* Peirce & Jos. Sher- burn with the seven Petitions read & passed upon yesterday p. M. viz.
for a new parish at Hampton falls : Lemuel Bickford's, 2 Derry Petitions ab* disorderly town meetings & ab* the new Parish there, John Goff's Petition, Presbyterian Peti- tion & Hills Petition.
C) Probably for 1730£.
822 PEOVINCE OF NEW-HAMPSHIRE. [1737.
A message to the Board by Messrs Smith of Hampton & Boy[e]s w^^ the six following Petitions sent down in the morning, viz. 2 Derry Petitions, Hampton falls petition, Golf's Petition Presbyterian Petition, Hill's petition — all w*^^' are passed.
A message to the House by Capt. Huske w^'' the vote for calling in y*^ 1730 i/ with y*^ Council amendm** thereon.
The vote for a Recorder read and concurred as follows —
The vote for Emitting 3000£ for Exch'* read & concur' d w"^ an amendment.
Rochester petition read & recomended.
Vote for allowing 2| pr cent to Mr. Atkinson passed.
Adjourned till tomorrow, 10 o'clock a. m.
[p. 138.] Anno Regni Regis Georgii 2** Xmo.
Pro : N. Hamp^ At a general assembly held at Ports- mouth March 25 1737 being fryday.
Present in Council as before.
A message to the Board by Messrs Odiorne & Palmer w"^ a vote of the House of Representatives for calling in y^ 1730 <£ with y*' Councils amendm* nonconcurred, and another vote of the House for calling in y® same, w^'' the Council concurred.
Also another vote for chusing a Comitte to ascertain the Denomination of the Bills Passed & concurred.
A message to the House by Col° Jos Sherburn with Rates, Petition & the vote Emitting 3000 ii for Exch'' to be recon- sidered & amended.
Mr. Parker Presented a Bill in behalf of John Goff jun by y® leave of the Court w'''' was read & passed to be Enacted & sent to the House by Josh^ Peirce Esq. for concurrence.
Adjourned til tomorrow, 10 o'clock a. m.
[p. 139.] Anno Regni R"« Geo" 2''* 10
Pro. N. Hamp'' At a Gen^ Assembly held at Portsm" by adjournm* Saturday March 26, 1737. Present in Coun. His Excellency Jona. Belcher, Esq. Gov''. Shad* Walton 1 Eph» Dennet ^
Geo. Jaffrey I Jos. Sherburn [ -p
• Joth Odiorne J>Esqs. Ellis Huske j -^sqs.
Henry Sherburn J Theo. Atkinson j
Rich*^ Waldron
1737.] JOURNAL OP GENERAL ASSEMBLY. 823
A message by Messrs Millet k Walton w'" Rochester peti- tion & vote of leave to bring in a Bill, also a vote for a Coiuitte to sign bills.
A message to the Board by Messrs Clarkson & Parker w"' a vote for a Committee to repair y" Goal & another the Fort
Adjourned til tuesday next, 10 o'clock a. m.
Pro: N. Hamp^ At a Gen^ assembly held at Portsm"* by adj^ tuesday, March 29, 1737.
Present in Council [as before].
Mathew Livermore, Esq. attorney General Presented to the Board two Bills which he had drafted by order of the Court one for calling in y*" 1730X loan & the other y*" resi- due of y*" 15000>£ loan, passed & sent down by Capt. Jos. Slierburn.
[p. 140.] Mr. Clarkson preferred a Petition relating to the parishes in Portsm° read & a vote thereon made & sent down by Mr. Atkinson.
Hill presented a bill by leave of y'' Court and Capt Hart another which were read & passed upon & sent down by Mr. Atkinson.
Anno Regni Re''' G" 2^' Xmo.
The Presbyterian Petition read &■ the Petitioners & Re- spondents appeared & were fully heard, sent down pr Atk°.
A message to the Board by Messrs Clarkson & Walton w*^ the petitions ab^ Portsm" Parishes concurred.
A message to the House by Capt. Huske w*"" the petition for a new Parish at Hampton falls.
The Petitions representing a disorderly town meeting at Derry Read & both partys appeared and were fully heard.
Also the Derry Petition about Parishes read & both Par- ties fully lieard & then both petitions sent down to the House by Mr. Dennet.
A Petition subscribed John Gilman cfe John Brown as a Comitte of Gilmanton praying to be Enabled to recover the taxes of non residents read & sent down pr Sec^.
Adjourned til tomorrow, 10 o'clock a. m.
[p. 141.] Pro : N. Hamp''. At a Gen' assembly held at Portsm° by adjournm* Wednesday March 30, 1737.
824 PROVINCE OF NEW-HAMPSHIRE. [1737.
Present in Coun
His Excellency Jon'' Belcher, Esq. Gov'.
[Council as before, with Benj^ Gambling.]
A message to the Board by Messrs Rindge & Gilman w*^ the Bill for calling in the 1730.
A message to the Board by Messrs Millet and Sanborn w^'' the bill for a six hundred pound tax for calling in y® residue of y*^ 15000 X loan.
Bill to Dock an Intail for Hill, Goff's Bill, Hart's Bill, a message to the House by the Sec^ to inform them the Coun- cil had concurred with allowing Mr. Atkinson 2| per cent & the vote of the House appointing 2 of the House to sign bills & to propose a third.
A Hearing on the Petition of Portsm° ab* Parrishes was had & a vote y'^'^on and sent down by Capt. Huske, also Mr. Atkinson's vote to be entered in their Book w*''' was re- turned & delivered y^ Treas'.
A message to the Board by Messrs Smith & Smiths ? with Roches'" Bill & Presbyterian petition & vote for 3 signers.
Mr. Attorney Livermore presented a bill for the Emission of 3000X which was read & sent down by Mr. Dennet, also a Petition of y*^ reverend Mr. Blunt, Presented to the Board then and read this day.
A Bill to make a new Parish at Hampton Falls, was pre- sented and read at the Board, and sent down pr Capt. Huske which was returned concurred.
Adjourned til Fryday next 9 o'clock a. m.
[p. 142.] Anno Regni Regis Geo" 2'" Xmo.
Pro : N. Hamp^ At a Gen' Assembly held at Portsm" by adjournm* April V^ 1737, being Fryday.
Present in Council [as before].
A Petition of George "Walton jun. Directed to the Gov- ernor & Councill touching a tract of land reserved for Mr. Allen's children, Read.
A Petition preferred by Mr. Coleman Complaining of a disorderly Town meeting at Newington read and sent down by Mr. Atkinson.
A message to the Board by Mr. Boyes & another memb'' w*'' London Derry Petition ab* Town meeting & votes there- on, concurred in Council, also a vote.
Prorogued to G July next.
1737.] JOURNAL OF GENERAL ASSEMBLY. 825
[p. 143.] Anno Regni Regis Georgii 2di undecimo.
Pio: N. lIamp^ At a General Assembly held at Ports- mouth by Prorogation Thursday August 4, 1737. Present in Coun. Mr. President Walton. Geo. Jaffrey ^ Rich-^ AValdron ^
Jotham Odiorne >Esqs. Bcnj'' Gambling >Esqs Henry Sherburn j Eph^ Dennet J
Ellis Huske, Esq. Mr. President Walton laid before the Board an order from his Excellency the Gov' for proroguing the Gen* As- sembly to Hampton, to be held there on the Wednesday the lO"' curr^ Then the Secretary was sent to the House of Representatives by the President to declare to them his Ex- cellency's pleasure that the General Assembly should be prorogued to the lO^*" of Aug^*^ curr^ then to be held at Hampton.
Pro. N. Hamp''. At a General Assembly held at Hamp- to' falls by Prorogation August 10, 1737 being Wednesday. Present in Coun. His Excellency Jon* Belcher Esq. Gov', ghad^ Walton "| Eph'* Dennet ^
Joth Odiorne I p Jos. Sherburn VEsqs.
Henry Sherburn f^^^®' Ellis Huske j Rich'i Waldron ) A message to his Excellency from the House of Repre- sentatives by Capt. Gilman & Mr. Jennis to acquaint the Gov' that there was a Quorum of the House convened. [p. 144.] His Excellency sent the Secretary with a message to the House of Representatives to require their attendance at the Council Board, the Speaker & House came up accord- ingly to whom his Excellency was pleased to make the fol- lowing Speech : Gen*% &c.
[See Journal of the House, p. 734.] The Speaker obtained of his Excellency a copy of the
foregoing Speech & then he & the House withdrew to their
own Chamber.
Adjourned til tomorrow 10 o'clock a. m.
826 PROVINCE OP NEW-HAMPSHIRE. [1737.
Pro. N. Hamp^ At a General Assembly held at Hamp- ton falls by adjournmS thursday Aug^ 11, 1737. Present in Coim. Henry Sherburn ) ^ Eph. Dennet ) ^
Rich^ Waldron \ ^^^^' Jos. Sherburn \ ^^^^' Ellis Huske, Esq.
A message to the House of Representatives from the Council by the Sec^ to enquire whether there was a Quorum of the House convened, who returned there was but two of the members then come together.
The Coun. sent the Sec^ with a second message to tlie House of Rep* to inquire whether there was a Quorum con- vened & whether they had prepared any thing to lay before the Council who returned that there was but four members come together & that the Speak'' was not there.
Adjourned til tomorrow 10 o'clock a. m.
[p. 145.] Anno R"' R"" Geo" 2*^' undecimo.
Pro. N. Hamp^ At a General Assembly held at Hamp- ton falls by adjournm* Fryday, Aug' 12, 17o7. Present in Coun. His Excellency Jona. Belcher, Esq. Gov"^ Shad^ Walton "^ Rich'' Waldron^
Geo. Jaffrey l^y^ Eph. Dennet Iecqr
Joth Odiorne f ''' ^' * Jos. Sherburn j Henry Sherburn j Ellis Huske J
Theo. Atkinson, Esq. Adjourned til 3 o'clock p. m.
Met according to adjournment.
Present as before.
The petition of the Selectmen of Hampton falls praying for an act to ascertain the Bounds between their Parish and that of Kinsington read and voted & sent down by Capt. Huske.
The petition of y'' South Parish of Portsm" read & a vote made thereon, & sent down by Capt. Huske.
The petition ag*' Newington Town meeting Read and both Partys heard k voted to be dismissed & sent down by Capt. Huske.
1737.] JOURNAL OF GENERAL ASSEMBLY. 827
Mr. William Parker one of the Clerks of the Hon''"^ Court of Commissions for setling the Prov. bomidary, presented to this Board a recommendation in writing for an agree- ment on Draft of Merrimack & Newchawanock river w'^^ was read & then returned to the s*^ Mr. Parker to be by him delivered to the House of Representatives.
Adjourned til tomorrow, 10 o'clock a. m.
Met according to adjournment. Present as before. [p. 146.] A message to the Board from the House of Rep- resentatives by two of their members, with a vote for a Comitte to agree upon Drafts, &c. A message to the Board from the House by one of their members with Hampton falls petition & votes thereon.
Adjourned til Wednesday next 3 o'clock p. m.
Aug. 17, 1737. Met and adjourned til tomorrow 10 o'clock A. M. [p. 147.] Aug. 18, 1737. Met according to adjournnA
A message to the Board by Messrs Walker & Clarkson w*^' the petition of the South parish in Portsmouth & vote thereon which were returned to the House for reconsidera- tion by the Secretary.
The Petition of New Market for pow'rs additional read & sent down, also the petition of Hampton ab* Rye bounds, pr. Capt. Huske
Post Meridiem.
A message to the Board by William Parker with a vote for signing off y® blank 500 £ also Portsm° Petition & Hamp- ton Petition ab* Rye bounds.
Adjourned til tomorrow 10 o'clock a. m.
Anno Regni Regis Geo" 2d' undecimo. [p. 148.] Pro : New Hamp"^
August 19, 1737. Present in Council as before. A message to the House with a vote of Council ab* Portsm" Parishes sent down by y^ Sec^ return'd by Mr. Sanborn.
828 PROVINCE OP NEW-HAMPSHIRE. [1737.
The Secretary laid before the Board, a Plan of the Mer- rimack, with two papers annexed, sent from the Gen^ Assem. of the Mass" Bay w'^" were sent to the House by the Sec^.
The Selectmen of Hampton falls presented a bill ab* Kensington bounds read & voted to be Enacted & sent down by the Sec-^.
Adjourned till tomorrow, 10 o'clock a. m.
Aug. 20, 1737 — being Saturday.
Present in Council — as before
A message to the Board by Messrs Sanborn & Smith w^** additional Bill ab* Kensington (passed) and additional Act for New Market (passed).
Adourned til tomorrow 10 o'clock a. m.
[p. 149.] Aug. 23, 1737, met and adjourned Aug. 24, 1737, met and adjourned Aug. 25, 1737, met Vote of Coun for a plan sent down by y^ Sec^ returned non concurr'd.
Adjourned til tomorrow 10 o'clock a. m.
[p. 150.] At a General Assembly held at Hampton by adjournment, Friday August 26*'' 1737. Present in Council His Excelly Jonath" Belcher, Esq. Henry Sherburn ) ^ Ephraim Dennet ) ^
Ricl/Waldron /^^^^ Jos Sherburn P^^^'
Ellis Huske, Esq. Vote sent up ab* Plan by Mr, Sanborn agreed to. At a motion made by the Council unanimously for a recess for the General Assem. for 3 or 4 days his Excellency is pleased to adjourn the General Assembly to Wednesday next 10 o'clock A. M. y^ Sec^ sent to the House to tell y™ so.
Wednesday, Aug. 31, 1737. Met and adjourned. [p. 151.] Thursday, Sept. 1, 1737. Met and adjourned.
1737.] JOURNAL OF GENERAL ASSEMBLY. 829
Fryday, Sept. 2, 1737.
This day the Council non-concurred the Representatives vote dated 18 Aug" last for signing of 500<£ now blank in the Treasury.
A message to the Board by Mr. Boyes with the Presby- terian Petition of Chester voted in the House of Representa- tives to be dismissed, ordered in Council to lye for further consideration.
The petition of George Walton, jun. to the Gov"" & Coun- cil praying for confirmation of a tract of land, this day read & ordered to lye for consideration.
The petition Rob^ Row and John Swain praying to be polled off to Kensington read and ordered to lye for further consideration.
[p. 152.] This day his Excellency was pleased to give his consent to a Bill for ascertaining the Bounds of Ken- sington & a Bill to Enlarge the powers of the Parish of New Market.
A motion being made & seconded that his Exc^ would be pleased give y^ Gen^ Court a recess (the Court of Comiss* being adjourned) & the whole Council joyning in y° request.
His Excellency was pleased to order that the General Assembly should be prorogued to Thursday the 13*'' Oct. next, 10 o'clock a. m. then to meet at the House of Moses Blake in Hampton Falls and the said Gen' Assembly was prorogued accordingly.
Prorogued to Thursday, Oct. 13, 1737.
Pro. N. Hamp"^.
At a Gen' Assembly held at Hampton Falls by Prorogation Thursday Oct^ 13, 1737.
Present in Council His Excellency Jona Belcher Esq Gov"" Shad^ Walton ^ Ellis Huske
Henry Sherburne Ip Geo. Jaffrey i-^
Rich" Waldron r^^*^^' Joth Odiorne >^^^^- Jos. Sherburn J Theo'''' Atkinson
Eph^ Dennet, Esq.
Court of Assembly adj. til Saturday, 10 a. m. A message to his Excellency by Messrs Parker & Smith to inform that a Quorum of the House was convened : To
830 PROVINCE OP NEW-HAMPSHIRE. [1737
whom liis Ex. replyed that if there was any husyness lying before the House he would have them proceed upon it.
A message to the Board by Messrs liindge & Sanburn w*** a vote for a Comitte to examine the accounts of y® Comitte employed ab* y*^ line w*^*" was returnd by the Secretary & proposed that the Comitte should be authorized to Examine all accounts of claims & that the House should send up to the Board the accounts of the Comitte employed about the lines.
Adjourned til tomorrow, 10 o'clock a. m.
[p. 153.] Oct. 14, 1737. [Met and adjourned.]
Oct. 15, 1737. [Mei^]
Message to y'' Board by one of the members with a vote for signing y'' 500X in y® Treasury. Adjourned til Monday 10 o'clock a. m.
[p. 154.] Pro. N. Hamp^ At a General assembly held at Hampton Palls according to adjournment, Monday, Oct. 17, 1737.
Present in Coun : His Excellency Jona. Belcher, Esq. Gov' Shad"^ Walton "| Eph'^ Dennet
Geo. Jaffrey It-, Joth. Odiorne
Henry Sherburn f ^ ' Jos. Sherburn [ ^ Rich'' Waldron j Ellis Huske j
A Message to the Board by Messrs Parker & "Walton with a vote for striking off lOOOX in bills to carry on the affair of the lines, and another vote for Mr. Tomlinson to be agent, and desired to know whether the Council has passed upon the vote of the House for signing y*" 500X sent up Saturday & desired the accounts might be sent dowH.
A message to the Board by Mr. Clarkson with a vote for setling acc'^ with the Mass^ Comitte, &c.
A vote of Council was made upon the account Curr* of the Comitte for settling the loan & ordered to be sent down w^'' accts, & y" particular acts of y"" s'^
The vote of the House for signing the blank 500 £ was non-concurred & ordered to be sent down.
1737.] JOURNAL OP GENERAL ASSEMBLY. 831
The vote of the House for striking a 1000£ bills was non- concurred and ordered to be sent down.
The vote for an agent was non-concurred (& y'^ reason given) and ordered to be sent down.
A vote of the Council to put 1500£ into the Treasury and for paying y® Com"^* 30s pr day as N. Hamp"" half of their recompense was made and ordered to be sent down for con- currence.
His Excellency asked the consent of the Board for Issuing his Warr*" on the Treasury for paym* of his salary as y® same shall become due by law, to which they advise and consent.
Adjourned til tomorrow 9 o'clock a. m.
[p. 155.] Pro. N. Hamp'*. At a Gen^ Assembly held at Hampton Falls by adjournment Thursday Oct. 18, 1737. Present in Coun : His Excellency Jona. Belcher, Esq. Gov"^ Henry Sherburn^ Jos. Sherburn^
RichMValdron VEsqs. Ellis Huske VEsqs. Eph^ Dennet J Shad=* Walton J
Geo. Jaffrey ^ Joth. Odiorn > Esqs. Theo. Atkinson, )
A message to the House by the Sec^' w^'^ y* 5 votes last mentioned w'^'' were ordered to be sent down yesterday. Adjourn'd til tomorrow 10 o'clock a. m.
Oct. 19, 1737. [Met according to adjournm^]
A message to the Board by Mr. Parker with a vote for settling accounts w*"^ Mass'"*.
The Presbyterian Petition of Chester read & agreed & the opposite party heard & a vote made thereon & sent down by the Sec^'.
P. M. The petition of Hampton ag'^ Rye read & both parties heard, and the petitions sent down by Capt. Huske.
A message to the Board by one of the members w^'* the vote of Council for putting 1500 X into the Treasury non- concurred, [p. 156.] A message to the Board by one of the members
832 PROVINCE OF NEW-HAMPSHIRE. [1737.
w"* a vote for signing the 500 X in y^ Treasury & striking 500 X more.
Adjourned til tomorrow 10 o'clock a. m.
Thursday, Oct. 20, 1737. Present in Council as before
A message to the Board by Mr. Boyes w*^ the Presbyte- rian petition and votes thereon as follows.
The Council read & non-concurred the vote of the House sent up yesterday for settling ace*' with Mass** w''^ was sent down by Mr. Dennet.
By him also was sent down a vote of Council for putting 500 £ into the Treasury to pay the Com"
A message to the Board by one of the House for striking lOOOX.
A Vote of the House of y« 28 curr* ? (0 for signing y'' 500X in y® Treas^' & striking 500 more read & non-concurred.
By the unanimous request of the Council his Ex^^^ was pleased to prorogue y® Gen' Assem. to Wednesday the first of March next at 10 o'clock a. m. then to meet at y® Court House at Portsm*.
[p. 157.] Pro. N. H. At a Council held at Hampton Falls, Thursday Oct. 20, 1737.
Present in Council His Ex. Jon-"^ Belcher, Esq. Gov' Geo. Jaifrey ) Eph^ Dennet ^
H.. Sherburn > Esqs. Jos. Sherburn VEsqs. Kich'^ Waldron ) Ellis Huske J
Theo. Atkinson, Esq. Mathew Livermore, Esq. Presented a Petition subscribed by about 50 persons praying for a Grant of Land within y® Province w*^** was read & ordered that the Petitioners have leave to prepare & present a Charter to the Board, which was done & the same was passed & ordered to be sealed.
His Excellency was pleased to acquaint the Board that he had lately received several complaints of Clandestine marriages consumated by virtue of Licenses granted within this Province & therefore proposed that to prevent the like for the future, an order sh'd be sent to the Pres*^* not to grant any more licenses without his Excellency's permission which was as follows : vide file.
(1) 18 Aug't. Ed.
THE THOMLINSON CORRESPONDENCE.
Correspondence, cliiefly between Theodore Atkinson, Esq., of Ports- mouth, and Capt. John Thomlinson, agent of the Province in London, relating mostly to the settlement of the boundary lines between the Massachusetts Bay and New Hampshire: This Correspondence is of great historical value, and should be carefully examined. Ed.
[Copied from " Belknap Papers " in a MS. volume belonging to the Library of the New-Hampshire Historical Society, in Concord.]
No. 1. [p. 1.] Letter from Theo. Atkinson, Esq. to Capt. John Thomlinson. Capt. Thomlinson —
Sir — The last from you was by Capt. Ring, since which we have heard nothing from London but transiently by the Man of Warr who gave us some ace' of the resentment of the House of Com- mons of Mr. Dunbars treatment, offered by the House of Representatives at Boston, & if a strict Enquiry should be made into that affair I am of oppinion his Excellency would be brought in for parte — which I believe Mr. Cook would Declare, having lately been displaced from the Judge's ofBce of the Inferior Court by the Gov"^ Influence. AVe are impatient till we hear what success the affair of the lines will meet with, tho' can't expect a determination till the Mass" hath had time to answer, Avho Boast much of their Interest ag'' New Hamp"" which still we disbelieve : this Goverm' having never in one article disobeyed the Crown but have in every thing complyed with the King's Instructions, however the Dispute on the controverted Laud will increase I suppose. Coll. Dunharr who is now with us, & was an Eye witness of the Haverhill peoples beliaviour the last week hath represented the affiiir home to the several Boards, how they came with fire arms &c. to take away grass at least Ten miles from the river — I wrote you how we Mr. Wentworth & myself were rejected by the Gov"' upon showing him our Mandamus Q) which I think very Extraordinary he not assigning any reason when he took them 'tis impossable for me to say any more than that he hath disobeyed the King's positive comand, & I imagine will not receive thanks therefor, 'tis probable he will send home some reasons but must make them himself, otherways he would have Entered them with the Secretary which he never did and which his Instructions in case of a suspension of any [p. 2] member of that Board obleigidges him to do, however tis vie Volo sic Jubeo, however I never desire to sustain any post of that nature longer than I am determined to act & speak my oppinion which I am determined shall always be rectified by the dic- (1) See p. 794, this volume. Ed.
53
834 PROVINCE OF NEW-HAMPSHIRE. fl733.
tates of a right reason & a good conscience, & God forbid I should live to see tlie day when such a voyce should either' dishon' my Sove- reign or injure my country however I think it hard as Avell as Extra- ordinary to be rejected after obtaining a posative ma7idate ? upon a solemn hearing at home, but those extraordinary acts here are now a days to frequent to be call'd a raryty. I should be glad if you'd pay my Hon'' to Coll. Bladen, that Gentleman I am inform'd th'. .. spoke favorable of me in the aftair of the Petition before their Lordships & gratitude will always oblige me to make a hearty acknowledgment of such an hon^
I have not to this moment heard one single word from Antigua & know not whether the ship Antigua gaily be arinved here or not but hope if she did not miscarry in her passage Capt. Sutclift' hath wrote you to make Insurance for my interest which I would have you do in case she is at Antigua which you'l know by Capt. Ring or some other vessel. I would insure the value of my concern which you are as good a Judge as I am. I am Determined to sell my part & do desire you'd get her of for the most you can & receive the freight & settle with Cajjt. Sutcliff. You have my full power to act in any affairs with you : you I acknowledge have been verry good & I as troublesome, I think I have been mightily treated by the Gentlemen in the West Indies & therefore have followed your advise in sending a Power to Capt. Sut- cliff to settle my accounts having not rec*^ one [p. 3] Penny since last fall, & all the wines she carryed there the last year bebinde yet as he will have the comand my parte I have ordered him to put the ship & freight into your hands I am this moment informed that this ship by whom this goes, goes via Lisbon but makes no tarry there & will be consigned you if she delivers at London. I have alsoe seen Mrs. Rindges letter from you giving an ace' of Sutcliff 's arrivall at Antigua, which as I mentioned is the whole ace' I have had but hope he hath not omitted writing you for Insureuce.
We shall send what we think necessary relating to the Lines by a ship from hence in about fourteen days, I mean as a Comittee appointed for that end to write to Capt. Rindge or whom he should leave the affair with. We all heartily rejoyce that 'tis placed in your hands, 'tis the person I advised him too, I have often told the Assembly so who are very Avell pleased. I shall write you by Colhns and in the mean Time subscribe myself your very humble serv'.
Aug«' 14, 1733. Theod. Atkinson.
Superscribed — "To Capt. John Thomlinsou
Merch'
pr. Capt. Estwick London "
No. 2.
[Probably from the same, to Mr. Thomlinson.]
2S«i Feb'-y 1733-4, by Capt. Collings [p. 5.] S^
With this you'l receive the House of Representatives adress to his majesty as alsoe their Comittees Letter by way of adress to the L*^ Commissioners for Trade & Plantations. Likewise several votes of
1734.] THOMLINSON COKRESPONDENCE. 835
the House in y'^ Late Sessions in this Province & some of the votes of the Massachusetts Assembly, and as all those will go open to you 'tis needless to mention any thing in them again, & I would observe that the Township No. 4 mentioned in y*^ votes at a place called Amoskeag is about lo miles at least above Dunstable on the river described in Capt. Rindge's draught so that their Lordships may see how that Goverm' is dayly Encroaching upon the Kings Province besides that very land hath been granted by this Goverm' above 12 years and doth belong to the Town of Chester which is a regular well settled town & hath an ordained minister there, but they imagine the settle"^' of the lines will not affect property & so are determined to take possession of allmost all the Kings Lands, however we are in great hopes that con- troversy is Determined ere this & in such a manner as will Quiet this Province from any disturbance of their neighbors.
You'l observe by the several adresses that we have still one more favour to ask of his Majesty, that is a Permission to Emit about .50 or 60,000 this currency for which we propose this skeem that by the act of Gen^ Assembly the whole Province shall be security & the money so made shall be Let out to any Borrowers at 5 pr ct pr annum upon good improved Land security of Duble the value of the money each person takes exclusive of any buildings thereon, this 5 pr ct to be annually paid into the Treasury for & toward the support of the Goverm' & for no other purposes whatever & after a certain term of years the Borrow- ers to pay in the Principal at 25 pr ct. in four successive years without Interest in order to sink the fund on which the money was Emitted; now it may not be Improper to inform you how the Province came into the Present difficult circumstances. The late war with the Indians was so long & vigorous that we could not maintain it by a [p. 0] Poll tax which was the only way except a small Excise which in the war time scarcely amounted to one hundred pound we had to supply our Treasury, and the charge of the war togeather with the support of Goverm' amounted to twice the sum we could raise, so were obliged to Borrow money on the Cred' of the Govrra' & pass acts for repaying the same in sund''? successive years as for Inst, the money we borrowed in the year 1720, was to be repaid by a Tax in the year 1730, and when bro't in to be burnt in the sight of the Gen' Assembly, and thus our then condition obliged us year after year to Borrow in order to save the Province, & all this money was Bonajide expended in the payment of our souldiers which we w^ere so generous as bear what the Massachusetts called our Quota which far exceeded our Proportion for we sent 50 men of 500 as a travelling army through their Goverm' & in all the last war had not one souldier in our frontiers nor one shilling of support from them — this togeather with the Bounty upon Indian scalps was the charge by which we came so much in debt, & now those years being devolved upon us we have the whole support of the Gov- erm' to pay, which since we settled the sallary on the Govern'' & other officers the Fort at the entrance of the river & other necessary con- tingent charges about 1500 pr annum & a 1000 at least on each year to the year 1743 towards sinking our fund, which to raise by a Poll Tax would be iitterly impossible — the biggest rate we ever made being 1500 & that being attended with so much difficulty & hardship & that it held but I think one yean, & a man in this Province thus paid moore than Double what a man of equall circumstances did in the Massachu-
836 PROVINCE OF NEW-HAMPSHIRE. [1734.
setts — now we hope his Majesty will not suffer this Province that is Iraediately his both as to Goverm' and soil be intirely ruined & lost, which is as necessary as fatall without his royall Licence to make paper money, you know we have no other currency & tho' Private per- sons may get money at G per cent, at Road Island yet the Publick as a Goverm' if it was [p. 7] consistent with its lion"" can have no redress there, now such a sum as I have mentioned would not be a Proportion to this Goverm' compared with any other Goverm' for we shall have but about 10,000 out next May tfc that all bro't in by the year 1743, and Rhoad Island hath at least 300,000 out & I can scarce believe his Majesty will deny this Province a Priviledge of that nature and at the same time allow it to a Charter Goverm' that hath so many other ad- vantages that we can't exjject : besides we are the only Goverm' that hath not great sums of money out at 6 per ct. Interest & we never made one penny for that end. You'l have a vote of the House for choosing you their Agent & I dare be answerable had there been any money in the Treasury you would have had an ample satisfaction & if we can obtain this favor from The King it will enable us to reward you handsomely. I assure you you liave the hearty consent of nine tenths of the Province in the choice & I hope shortly to see the day when it will be in your friends power to recompence your Expence & Trouble, but at present whatever is proposed by the house for the good of the Province is not concurred by the Council who is so intire- ly swayed & Influenced by the Gov'' that any thing that seems in the least to clash with the Massachusetts Interest is Irnediktely rejected & this we fear will always be the case while we are governed by a Massa- chusetts man, which we are fond of beleiving is near at an End & should be I beleive Intirely content to be govern'd by Coll. Dunbar who is a gentleman that the more knowledge we have of him the more we are attached to him & we flatter ourselves he will be the man at least the Govern'' of this Province.
Our people many of them would gladly goe upon raising hemp & if we had the liberty of making such a sum of money we should Imedi- ately grant a Bounty upon that Comodity suflicient to Encourage ah Experiment of that kinde, this would be a good argument to obtain that Lycence : besides the want of a medium keeps back our [p. 8] inland settlements which I doubt not would produce large quantities of potash, our wood in those Tracts we are now settling being too farr from a market for wood & then as we clear our Land are obleiged to burn the wood on the ground but in such small quantitys for want of money that the Inhabitants are forced to sj^end one half of their time on the old settlements in raising corn & other Provitions & a small matter of the money we propose, let to those persons in the new Towns, would enable them to clear their Land so fast that it would be well worth their while to save their ashes.
I have here inclosed you a copy of a Letter I wrote the Govern'" about 3 weeks before he came into the goverm', and had no answer notwithstanding we had 3 posts & 3 carri''^ after he rec<* it before he came into the Goverm' & he came to this town on Fryday the 28"' of December last, & the Monday following I was chose a representative for New Castle. I was in the Town with him the whole time & on Tuesday while I was in the Assembly house waiting to take the oaths I was send for by the Govern'" & past what you have copy from the
1734.] THOMLINSOX CORRESPONDENCE. 837
Secretary of — Avith this difference, 1 desii-ed to be excused for that sessions or till another member might be chosen in my room which the Council entered as a perremptory refusall. I have taken my oath the copy of my Letter was genuine & if there was occasion I would prove he rec** the second day after I wrote it. I should not have mentioned any thing of it to you but was loth to be tho't ungratefull for such an Hon'' don me, tho' to perswade myself of this I am obleiged to look at the Intent of the thing rather than the thing itself & was it not for the Hon'' of the Comis"^ more than the Company I should gladly be ex- cused for the Govern'' hath reconnnended such persons & got them established at that Board as some of them cannot write their names & pers' that were never accounted worthy of any publick Imployment till in this reign which God forbid should be long.
[p. 9.] I have one thing more to mention, that is the Parrish of Rye in the Town of New Castle hath some time since discovered their min- ister whose name is Nath' ISIorrell to be one of the greatest villains in America, — having got his servant girl with child was Prosecuted from Court to Court & appeared a very rogue, many of his parrish having sworn to his attempts of tlie like nature & is since silenced by the Desenters at a meeting of them for that purpose & some few of his people standing by him 'tis reported he's gone for England to take orders, he haveing made his escape before the Sup'' Court sat when his finall Tryall was to have been. If this suggestion be true & he gon Doubtless you'l hear of it & I assure you it will Do more Diservice to the Church than is posable to conceive, & this leads me to tell you our Church now wants glass which if we had would be fit to preach in by midsumer, & we have a prospect of a person that I am sure will be agreeable & bleive very serviceable, his name is Brown — he is now a missionary at Providence in Road Island Goverra', we have heard him preach at Kittry to admiration & he is an unexceptionable man in his Carrectar & behaviour & I believe might be obtained if the Bishop «& Society would allow of it. We propose to write to him shortly on this head & in the mean time if any opportunity presents should be obliged to you if you mentioned to those that can forward his removall not as from him but from us, he is a Perticular favorite of Dean Berkly's & believe he would assist in his removal to this place.
Sr. If you at your leisure Time in perusing this should furnish yourself with any argument for the service of this province I perswade myself you have its Interests so much at heart as to forgive the length. If it should prove altogether useless I flatter myself you'l believe it was the good of my Country was the Inducement and I am sure you have goodness Enough to forgive this trouble without any other ap- pology. I had almost forgot to mention to you that ]\Ir. James Jaffrey who hath been long notary Publick and being one of the subscribers to the church, tis tho't the Gov"" will Dismiss him & I suppose he hath wrote to [p. 10] get him appointed by the Bishop if so we all heartily recomeud him as the most suitable man in the whole Province for that Post — the Govern"" may make what pretences he pleaseth but he is the greatest Enemy the Church of Engl<i hath upon this Continent, I beleive & had it not been for him I beleive ours in this Place would have been finished but he upon being asked whether he would con- trybute towards it s'' not as a Church, but if the Proprietors would make a Stall-house of it he would give Twenty or Thirty pounds.
838 PROVINCE OF NEW-HAMPSHIRE. [1734.
I hope you settled & fiuished my acct^ -with Capt. Satcliff & sold & the Ships & got the N' proceeds of my part of vessell & freight into your hands, tho' I declare I have never rec'^ one line trom Capt. Sut- cliff" while in London which is too long a neglect to be accidental. If he hath left any thing with you I believe 1 shall draw on you be- leiving as Bills are now 'tis more advantageous than good bills being now upwards of 300 pr ct. but if I do shall take care that the bills shall be Drawn payable to yourself. I suppose Capt. Ring hath wrote you that I would gladly be concerned in the ship with him which I would heartily do in case of Peace but must get clear of the Antigua Gaily first. (No signature.)
No. 3. [Probably written by Mr. Atkinson to Capt. Thomlinson.] [p. 11.] Capt. Thomlinson.
Sir, I acknowledge the rec' of your favour by Roby of the '25"^ June last & observe you had receive mine by Capt. Noble & must tell you I am now in the same condition about my afi'airs in the West Indies having not heard only by your Postscript to Capt. Rindge of Capt. Sutcliffs arrivall in Antigua nor have I had one scrape of a pen from him or any person there this ll2 months past I followed your direc- tions & send Capt. Sutcliff my power attorney what he hath Don I know not he had my positive orders to put my whole aftairs into your hand upon his arrivall in Eng''^ to which place I hope he hath advised you of his coming & that you have made Insurence for my Interest on board which if he hath neglected I beg you would do you know my Intrest no least better than I therefore leave it to your Descrition I would have the Ship sold by all means I wrote you some time since that I was the builder myself & only hired the carpenters by the Job to build her So there can be no other P)ills of sail then what I gave to Capt. Sutcliff & Mr. Stephens & I will warrant her to any person that will buy.
I take notice alsoe what you write about the Publick affairs of the lines between the Two provinces The Massachusetts Assembly are now Sitting I have rec'' the copies of the memoriall &c. I have made choise of the Comitte to Answer the severall parragraphs therein con- tained and as what that Court will write will be kept as a secret from us it will not he Expected we can regularly answer it and we have had no Assembly since the beginning of March last when we were Disolved & there is no precepts out as yet so as a Goverm' we can write nothing, tho' the last Assembly confirmed Capt. Rindge & whom he should leave that affair with & chose a Comittee to give Instructions I have sent for s'^ Comittee & most of them will be in Town timely to [p. 12] write by Capt. Bush when we shall endeavour to give you all the arguments & proofs of that affair we can come at. I presume you are furnished with as many already as Avill be sufficient & dare say they can write nothing (that they can prove) ag^' that memoriall their comon arguments were for I have been always upon the Comittee to meet them for many years past hath been, viz.
1734.] THOMLINSON CORRESPONDENCE. 839
1. We must goe to the northermost Branch of Merrimack, which some of them would allow to be that Branch in the map called Pemi- gewasset others said & insisted for 3 miles to the north of the Great Pond & then Draw a line from that point to a point 3 miles north from the entrance of the river which you'l see takes of all most all the Gov- erm' besides that destroys the Lines of Latitude & Longitude which must be streight & Parallel with the Lines between them & Road Island &c.
2. They •would sometimes pretend to a crooked line & that this Province could not come within three miles of the river or any of the branches any w[h]ere & then they would call it Merrimack from the mouth of the river unto the Pond, which is so wild & Preposterous that I need not answer it for how Liipossable would be to follow every little branch & creek or brook where are as many as the branches of a tree besides w[h]ere would be their Latitude & Longitude Lines — but I can scarcely believe they will offer such arguments in England as they made use of here, but then —
3. Their third & greatest argument ag'°' was what was call'd the great River Merrimack they say is the northermost Branch tho' you'l observe many Branches runing to the west ward & goes thro' Concord & Sudbury &c which you cross with a west line from Boston at Sud- bury now their Charter says 3 miles to the northward of Merrimack the great river Merrimack now tliat loas never caWd hy the Indians Merrimack [p. 13] furtlier then the icaler Jiows which is no further than Haverhill, nor no vessell can or ever did pass above that Town — then comes the Lidian names again tho' they are not mentioned in the Draught yet now they goe by the names given by the Indians as soon as you get above the English settlements as you see Sowhegan, then there is at the next Branch Amosceek then Suncook then Pennicook Couto- cook Pemigewasset Winnipisiokee &c. So that the Indians who gave the very name intended no further then the river flow'd should be call'd Merrimack The Charter could mean no more but I think it can't be better Exjolained then by their Charter upon the Est side — there it says if I mistake not. Thro' Piscataqua river into the river Newichwannock & thro' the same to the furthest head thereof — here tho' the whole river goes in comon descriptions by the name of Piscat- aqua river yet realy & by their Charter 'tis call'd so no further then where the rivers parte & Branches out & from that place the lesser rivers as Newichwannuck Cochecho &c take their names & all these are Indian names then it says thro' this little river Newichwan- nuck & to the furthest head thereof doth it say any thing like that in Merrimack — no only 3 miles to the northward of the great river Mer- rimack.
Perhaps they may say something of Equivolent Land that is w[h]ere they have any Land in Possession to the north ward of our Line they will hold it & give us Equivolent Land in the room of it that would at first seem more reasonable then realy it is for we have given their people (at Pennicook who went on there to settle before ever the[y] did so much as Lay out their Township) (') fair warning & they were told in the name of the Goverm' that it was the King's land & that it was granted to his subjects of New Hamp' & that they would certainly loose their Possessions & labour if they were so hardy as to settle there & our Grants & theirs are so Interwoven & laid one upon another that
(1) Seepp.n,12, 206, this vol. Kd.
840 PROVINCE OF NEW-HAMPSHIRE. [1734.
there would be as great a difficulty to know [p. 14] who's the Land should be afterwards, as there is now unless the Boundary lines deter- mine it & besides the Possessions & Improvements are vagrant & but of yesterday I make no question but the Province would be willing to let every Person that hath had an actual Possession by fencing or building for fifteen years last past Injoy their Lands and hence Equiv- olent lands therefor but for a few years past they have granted allmost half our Province or at least sold it to their Inhabitants & they have laid our their Lands upon our grants that were Prior & if we build a fort or Church tis burnt as soon as finished so I apprehend no Equivo- lents will answer unless w[h]ere a man in his own right had buil'd & lived for more then 12 or 15 years & in that case I believe it might but not by antient grants or surveys only by an actual! possession.
(No signature)
No. 4. [p. 15.] S^
I am now to acknowledge yours of the 8"^ of Octo. last by Eggleston & observe what you say relating to Mr. Joans's answer to Coll Dunbar's letter about Mr. Slade,that affair was first mentioned to me by the Coll. with whom I often went into the Country he being obliged often to ride into the woods himself & he found he could by no means trust Mr. Slade he having been bribed by allmost all the Gov- erm' many Towns raising a generall Contribution among the Logers for him but the Coll. did not dismiss him till he openly Quarrell'd with him & without the least reason for he Lived with the Coll whenever in Town yet he reported every where that he was Independ' & had his Comission from home & hath said with in this Ten days it is so. But as to this afi"air I suppose the Coll writes you fully upon it besides neither he nor Mr. Jacobs is at present capable of riding being both Laid up for the winter if not for life. The Coil, hath been as illij treated both by Superiours §' Infer's as jyerhaps any man ever was, the Governor still not only Insisting upon all power tV Sallary even ichen at Boston (^) that he in all Companies Ridicules & Denys that there ever was any thing said at the Board of Trade, that really Coll Dunbar is no more then a Cypher not one of the Gov''^ officers ever comes near him either Civill or millitary the militia often meeting & beating Drums about the Town without his knowledge or consent if they are asked by any indifferent person why they don't pay that Complyment they will tell you 'tis to obleige the Gov"" the Council setts in the same house Avhere the Coll. lives & are sumoned by the President by orders from the Gov"" & there transacts the affairs without even taking the least notice of the Lieut Gov''. These transactions renders the Coll Intirely un- capable of doing any service either as Lent. Gov"" or as Survey"" Gene- ral for now if he gets decrees from the Admiralty the People will mob & murther his men that will venture to put in Execution such Decrees & if they apply to the Gov"" he will forward their Comp' ag^' tlie Coll. & will at the same time refuse to call those rioters to an ace' or make any Inquiry into it tho' desired by a large part of the Lower house —
(1) Thus underscored in the Copy. Ed.
1734.] THOMLINSON CORRESPONDENCE. 841
indeed he viany months after (•) put out a Proclamation but offered no reward & Endeavours by all ways & means he can to render the Coll odious, who notwiithstanding the nature of Iiis Imployment being what the people ignorautly think detrymental to them yet was there an Elec- tion tomorrow for Comander in Chief I am sure he would have three to one ag^' Gov"" Belcher. The Gov"" told me that those persons that were the Coll* friends could not nor should not be his & now all the officers that are attached to him will aske in a jearing way, w[h]ere is the halfe Sallary, were is the Letters from the Board of Trade, so that its necessary Something sliould be done We have had many Tryals put by this Court in December for want of the appointment of a spec- iall Judge, the Standing Court being related to the Causes & this is because they will not allow the Liut. Gov"" to appoint a Judge, but at most be at the charge to send to Boston & have a Comission [sent here (-)] tho' signed as if by con.sent of the Council & Dated at New- Castle, [p. 16] 1 would leave the reason of the affair to any rationall man if the Comission & Instructions did not make it plain. Suppose a pirate should infest our Coast and we had advice of him in a harbour were we could surprise him in twelve hours must we send to Boston to the Gov"^ 60 or 70 miles for orders, or a thousand Instances of the like nature so that at present this Goverm''t is a farce §• ive are Laiigh'd at by every body. Now all the Gov''^ Pretence to favour the Survey"' of the woods is shew only, for his greatest friends are those rioters at Exeter & he saw four or five hundred thous'^ feet of boards Lay at the shore- side the other day when he came from Boston, he choosing that way now rather than thro' Hampton In shorte the very Tempers of the people are now as much altred since he became Govern'' as is possable for you to conceive. I suppose you'l have a Letter from the Comittee chosen at the late Assembly to write you I know they have one pre- pared I wrote you by your kinsman that the last assembly were dis- olved as all have been for severall years past & I am well assured it was because the then Assembly talked of passing such Acts as would render the Survey'' Generall of the woods post more effectual having taken that matter under consideration before I left the house & passed the vote about the riot at Exeter, but the Gov"" Disolved them early in the morning & thereby put a stop not only to that but to all otlier business that was then pass'd by both houses so that 'tis now Two years since w^e have had any more than one Act psssed which Act too I conceive absolutelj'' contrary to his Instructions being a private Act for brings forward a Tryall between two private persons at Dover so that that one Act hath been all that has been done in Two years tho' at each Sessions many publick acts hath been voted by both Houses so that tee are worryed to Distraction with this Govern''r ^' the Lord send us a Deliver- ance. 1 warrant you hear nothing from Him to the Massachusetts about the settlem' of the Sallary while this Assembly subsists for now he could have it for asking for if lie was hearty in the affair.
We are now in hopes of Mr. Browns consent to move to us having made him an offer agreeable to his request as soon as we have his
(1) In the margin are the following notes. " Tlic Complaint made 'by Dunbar to ye Council was April 26. The Proclamation wa,s dated May 6, & published in ye Ne^cs• paper May 9." See Journal of the House, in this volume, p. Ed.
(2) Defaced.
842 PROVINCE OF NEW-HAMPSHIRE. [1734.
answer sliall authentically apply to you in order to facilitate & finish that matter we want about 1500 squares of Glass 8 by 10 Inches square & hope by midsumer next to have it completely finished. There is a new Church erected at the South end of Boston & they are laying in for Mr. Brown but as they can't expect any assistance from the Society we hope they will not prevail if we miss that man it will much retard our settlement I fear now hwe is a Congregation on the other side the river at Kittry who Imbrace the Church & we should for the present satisfy them & Mr. Brown would do this in case he could [with the] Same Sallary from the Society that he now hath I doubt * * * eavours in this affair Especially if Bishop Berkly is in England will Prevail [p. 17] with the Bishop of London & the Society.
I wrote you by your kinsman & Copy by one other vessell with Du- plycates of my Acc'^ with Capt. Sutclitf & ship Antigua Gaily since which I have heard nothing from him nor do I now know were he is nor can't advise for Insurence having heard nothing from him since he left Antigua I rec^^ a pipe of Madary wine from him by AVaterhouse this year if he charges the Pipe as they told I must be allowed the Draw back I have only to beg your favour in settling this afi'air for me & rie Endeavour for the future to Imploy men less troublesome.
I take this opportunity of thanking you for your kind ofter to my kinsmam Robert Pike to besure I'le readyly be concerned one q'' Part in a vessell as you shall direct & I hope he will turn out an honest & industrious man & I believe a man of good capacity & I hope will give good Satisfaction to his Imployers 1 suppose he writes you by this op- portunity acquainting you of his voyage in the Snotv your Brother left. I am, Sir, with best respects to yourself and
Lady, your most humble & obedient Serv'
Portsmouth, December 10*, 1734. Theodore Atkinson.
P. S. December 12, 1734.
Since the above I have seen a man from the County of York who tells me the Gov'' hath received Letters from the Board of Trade or D' New Castle he could not tell which relating the Tryalls there be- tween Mr. Gulslons workmen & the Inhabitants of which Tryall I sup- pose you have heard & those Letters I perceive hath been shewn to the Judges & what pass'd upon them I can't tell but something to the great satisfaction of Prosecutors & the person told me if any of those work men should cut a tree tliey would be Imediately Prosecuted that those former Tryalls would never be canvassed in England that the Gov'' and Judges made very light of what came from those offices now you may see how he stands aftected by his putting the whole county in such Prosecuting condition.
I have left the affaire of the Lines to the Comittee appointed to write you tis reported at Boston that no money hath or shall be want- ing to cause Delays in that aftair till they have Tired your patience but I hope ere this that afi'air is at an end I am still fond of what I wrote to you about formerly with respect to a grant of his Maj'y of some of the unappropriated Lands or at Least an order to the Gov' & Council to make such here I aai so fond of it that I can't omit it & no person could object for it would be of service to the Province in generall
Yours, ut supra.
1735.] THOMLINSON CORRESPONDENCE. 843
Sr. If it should hapeu in your way without Laying under any ob- ligations to get a List of the Council as Entered at home I should be gladybr tho^ I demanded my place at the Board I was refused ^- tite Gov'r told me I must be content to set lowest be my last sworn in The tiling I dou't value but the creature thinks ho can degrade a Councillor at pleasure & I am sure he will not alter it without the King's Iniediate Comand neither will he submit to the * * officers without it. Let their Lordships do what they please. (')
No. 5. [p. 19.] Prov. N. Harapsh'- — 173-3.
[Indorsed — "Copy to Mr. Thomlinson, 1735. Publick Letter."]
Sr — You'l see by y'^ Inclosed votes of y*^ Assembly of this Province that you are continued their agent and we are appointed a Comittee to write to you and send you the thanks of the House for your good services in y<^ affair of y** Lines between this and y^ Massachusetts Goverment which we hope will be settled before this reach you & that the northern Line will be but a few Degrees to y^ westward of north that this his Majesty's Province may include the greatest, number & best Mast Trees for his Royall navy.
When the line is settled we apprehend it will be necessary that a new Comission for Goverm* be made out, for if it Runs West from three miles north of y*^ mouth of Merimake River sundry Towns that the Massachusetts exercised Dominion over will be without their line and not Included in y" Present Comission for this Goverm* and as we are appointed to write to you in Behalfe of the late Representatives of tills Province We desire you will Endeavour all you can that the same Person may not be Governor over both Provinces, for many and great are the Inconveniences that attend it. The Gev"^ Residing in the Massa- chusetts occasions great charge to this Prov. for frequent Expresses to hiin and attendance upon him by great part of the Millitia when- ever he comes into and goes out of y*^ Province tho' in time of Peace, and will be much more so in case of war; — as Capt. General) he have- ing y'' sole Power of the Millitia nothing can be done for the Defence of y'^ Province in case of an attack without sending above sixty miles to him at Boston by which means many an opportunity of overtaking y® enemy [p. 20] has been lost, and this present GovernW Imagines him- selfe always virtually present here and that no affair of Goverment can be acted but by liis particular order which must come from Boston when he is personally out of this Province so that here is not Power to Issue out so much as a Proclamation or make an order upon any Ex- traordinary Emergency till an Express is sent to him and the Return of an Instrument signed by him at y'^ Council Chamber at Portsmouth tho' really done at Boston, many instances of which miglit be enum- erated— but we mention only two; viz. When ye surveyor of his Majes- ties Woods was Insulted at Exeter and the People lie Employed for his Majesty's service in a Rebellious & Riotous manner abused & Resisted, (-) as Lieut. Gov"" he cal'd a Council and Proposed Issuing a Proclamation giving Incouragement to any that would discover y*^ Rioters, But a
(1) The MS. is much torn and defaced, and quite illegible. Ed.
(2) See p. 678, Vol.4. Ed.
844 PROVINCE OF NEW-HAMPSHIRE. [1735.
majority of y^ Councillors were of opinion that it could not be done but by the Chief Govern" order which occasioned so great Delay as that y*^ actors in that great Disorder escaped with Impunity. The other Instance is in Relation to Ids Majesties order in Council Repealing ye Law aVt ye Courts at Hampton, Exeter §• Dover. The Lt. Gov'' ordered y* Council to meet that it might be Published as usual in such cases. But y"" Cheife Gov"^ not being personally here a number of y*^ Councill would not consent to it untill the originall order was sent by Express to Boston and they had Direction or Leave from his Excellency to obey the King's order and make it Publick.
[p. 21.] We apprehend as he is a Resident in the Massachusetts and his principall support arising from thence and his Estate and In- terest in that Goverment and not so much, as a freehold in this Province, He has not bin so impartiall as a Govern' ought to have bin, hut has bin much attached to the interest of that Province in ye affair of ye Lines as has obstructed ye settlement from his first Entrance upon the Goverm't: first by Passing an act in ji<^ Mass*^ that prevented y*^ settlem' by Com- ission'''* to be chpseu by both Provinces Pursuant to his Majesties In- struction for that purpose, and he has ever since at almost every session of that Gen' Court consented to the selling and granting y^ Lands in Dispute (w'^'^ are much within this Province) to y*= People of y" Massachusetts who have thereby Raised considerable Sums of money which in a great measure has enabled them to Encourge their agent to Protract the Dispute that they might continue their Incroach- ments and opportunities to sell & grant more Townships — and that we might have no agent at all he has as much as in him lays Disparaged the person chosen by the Representatives by Influencing the Councill (many of whom were of his own Recomending and absolutely under his Direction) not to concur with the Assembly in their choyse nor in allowing any money to Enable him to Prosecute y*^ Dispute about the Lines; an Instance of which was in May last (}) ivhen the assembly pre- pared an act for the supply of the Treasury — and because there ivas a very small sum appropriated for the Agent the Bill was Rejected — tho' Provision was made therein for payment of all y'^' Province Debts, and for Repairing the fort & Prisson which was absolutely necessary — and upon it Dissolved, the Assembly as he always dos when he goes out of y" Province, and tho' they [p. 22] have bin Disposed and actually Doing every thing for the Honour & service of the Goverm', yet if it was not done with precipitancy and Dispatch as he and his party in the Councill Directed they have been reproached with obprobrous Reflections and insulted in Dissolution Speeches which we apprehend were calculated to make Divissions and Partys in the Goverm* which we ivere always strangers to untill his administration, and yet he has never obtained one Election to his purpose, for always the greatest part of .the same mem- bers have bin chosen & Return'd which is a plain Demonstration that his Conduct & administration has not bin pleasing and acceptable to the generality of his Majesties good subjects of this Province. Tho' we hear he has very lately obtained a subscription in his favor which was clandestinely handed about by his officers who have an Influence generally over the meaner sort of people of which sort are most of the subscribers, many of whom they have imposed upon not leting them know the Designe of the subscription as appears by the Deposition of
(1) In margin—" May 1735."
17S5.] THOMLINSON CORRESPONDENCE. 845
oue of them, and without doubt many more may be had. If the Govern* friends make use of it, you"l find many of y'^ names of those that Pe- tition'd against y* Lt. Gov"", surveyor of the woods, upon or soon after the Riot at Exeter, and none of the Council but those that Refused to joyne with y® Lt. Gov"' in a Proclamation about it and voted against y" Kings Interest in the affair of y^ Lumber made out of Timber con- demned to y* use of his Majesty. The frequent Dissolutions & calling new assemblys, sometimes twice a year has bin very chargeable and grievous — and his late attempt to invade y*^ Priviledge of the House of Representatives by Depriving them of Judging of y*' Dueness of Election and the qualifications [p. 24] of their members has very much alarmed the good people here and is Resented by all except his own Sicophants & Creatures who are passively & blindly led by him. We could add much more, but fearing we have already trespassed too much upon your Patience, In behalf of our Constituents we subscribe ourselves, Sr.
No. 6.
Indorsed — " Copy Thomlinson's Letter sent
by Winkley about the Church, 1735." August W^ 1735.
[p. 25.] Sr.
Inclosed you have Mr. Brown's Letter to Doctor Hum- phreys by which the Society hath his free consent & Desire to remove amongst us & tho' we hope that aff"air is Decided in our favour yet po.ssably the Society may hesitate for want of his concent being sig- nifyed. You'l observe by the Date it was Designed upon Long since but some perticular affairs then on the anvil not being ripe was what's Detained it in our hands, which being now over hope it will answer all the Desired Ends. I observe what you wrote me of y*" Difficulty you met with in this affair & that the chieff objection to Mr. Browns re- movall was y' Providence must be provided for by a new missionary which the Society at Present was not able to Do. That Society I apprehend has allways made it their practice to send their missionary where there was the greatest Prospect of success & if they'' made (as I doubt not you have don) sensable of the difterenee of the places — this being a sea port the metropolis of the Kings Goverm' in which this is the first Church ever Errecled & this carryed on hy the Cheif peo- ple in the whole Province, whose good Example will I hope be very prevalent in all the neighboring Towns as well as Portsmouth, & up- wards of one hundred familys of the best sort of [p. 26] People allready Declared their fx'd §" Determined Resolution tS' such as ivithout whose help this Town icill scarce ever be able to maintain another Desenting Minister when either of those now here shall be removed, — who because we were under obligations to at their first settlem' think ourselves obleiged still to contrybute for y"" support. Now Providence being a country town & but very few Professed Churchments there & those too more so in Profession y" reality, of very different behaviour, scarce any stranger, & but a small distance from Road Island where there is a Chnrch established, — & I believft were IMr. Brown to write his own sentiments he could give but a very Indifierent carracter of the peo- ple there, & such an one as would scarce deserve the Society's care.
846 PROVINCE OF NEW-HAMPSHIRE. [1735,
Besides as we have built a church which hath allready cost us near if not quite two thousand pounds 'tis natural to suppose every subscriber would desire a vote in recomending the first minister at least & 1 Ques- tion Possabylity of ever thinking tliey should fix upon any one man by even a major vote, and yet ever[y] individual person concerned are heartily Intent upon Mr. Brown's removall & tho' we have subscribed some thing very handsome to ]\Ir. Brown considering the Expense of the Building & what we annually pay to the Desenters yet not one subscriber but hath confined his [p. 27] subscription to Mr. Brown only, so that if we miss Mr. Brown our whole subscription Drops— he hath been Two Sundays with us & our house so crowded that the Isles were Intirely full & many people could not be comfortably accomo- dated. Under these circumstances we Desire you would recomend us to the Society. I write this as the mind of the whole Society & I beg leave to subscribe, your
No. 7. [p. 28.] Dr Sr—
You'l receive this by my good friend Mr. Waldo who is soon Bound for London & is Determined to represent to Ms Majesty the Injuries he hath rec\l from Mr. Belcher, Perticularly in the affair of his Estern Settlements. When you [see] the severall Evidences to support the Compl' he lately forwarded to you you'l see Gov"" Belcher Drawn to the life. I have taken an affidavit before Mr. Jaffrey of what once passed at the Coun' Board here in relation to Mr. Waldo's settl'"' at St. George's but I Imagine he will not be able to get the Prov. Seal to it as he is so desirous of your friendship & I well know your advise & assistance in this affair will not only be of service to him, but I believe (inasmuch as it will Encourage that settlem') to the whole country I need not recomend him to your acquaintance, the situation of his aft'airs will naturally lead him to that & I doubt not you'l find him a gentleman worthy your friendship & regard, I heartily wish him success in his affairs & hope you will be able to assist him therein. I am
Sincerely your oblig'd & Humble Serv' Indorsed — " Copy of a Letter to Capt. Thomlin- A.
son, Pr. Mr. Waldo, May 22^ 1738."(?)
No. 8. [p. 29.] (A Copy.) London 12* Feb. 1735.
Theodore Atkinson,
Sir — I have a great many of your favours to acknowledge and as for what Relates to the publick affaires must Refl"er you to what I have by this Ship writ Mess"^^ Wiggan & Rindge, under cover to Mr. Rindge ; Mr. Tundry & myself shall endeavour to serve you in the affaire you mention, but at present can give you uoe great hopes, Sutcliff"'s ship is sold, and he has given me his accounts, has not yet had time to peruse them; — but Mr. Bethell tells me there will not be anything coming to the owner, either from Ship or her Freight, all is sunk. However shall have the affair left to arbitators, it must be either settled that
1735.1 THOMLINSON CORRESPONDENCE. 847
way or in Chancery. It is a most sad affaire. I shall doe all that lyes in my power for you. I have paid your bill of fifty pounds and Mr. Gallaway has given up everything that was Capt. MackPheadris, to Capt. Reed, and would not act in the affair. I was two days agoe for some time loith the Bishop of London ; but cannot yet tell you what ice shall be able to doe in the Church. I shall doe all I can for you and has still hopes. I shall again write you in a little time when shall have more leisure and am with, Sir, yours &
[Signature torn off.] Indorsed — "Thomlinson's Letter, Jb eb?, 1735.
No. 9. [p. 30.] (A Coppy pr. Wingfield.)
London, 10 April, 1735. Theodore Atkinson, Esq.
Sir — My last was by Shiperdson, Since which I have yours by Capt. Eastwick with the Inclosed votes as for what Relates to the province affai)-s I must Reffer you to Mess''^ AViggan & Rindge, and Coll. Dun- bar will show you how his affairs are, and you must "assist him all that lyes in your power. As for your own affairs I Received for you the 5* instant ninety two pounds six shillings for your Sallary and Travelino- charges and shall ship you by the next ship as you Direct, and shafl continue from time to time to follow your Directions, as I shall receive your Sallary.
I have took a great deal of pains with the Bishop of London, Doct. Humphreys, Mr. Tryon and others of the Society, and said as much to all of them as I could say, and did not only give them the Commit- tee letters directed to them, but shew them the letters to me, but as yet have not had a direct answer from the Society, the affair be- ing referred to a Committee who have not yet made their report, but the Bishop and some others of the Society gives me but bad Encour- agement, they say If they remove Mr. Broron they must make an other Missionary to stand in his stead, and they are not able to make any more: I have pleaded with the Bishop as much as j^ossible, and shall not yet give it up untill I have the Committee Re^Dort.
The affair of a Track of Land I have mentioned it privately to Coll. Bladen, but he doth not think it consistent with his duty to eno-ao-e in it. And before such a grant can be solicited for here must have the particular parcell of land specified with the Bounds and Extent thereof which if you have still thoughts of you must lookout and send me the' Extent and bounds and conditions or proposalls. I would not have you Exceed ten miles square and the nearer such lands are to the sea or navigable rivers it will be the better.
I am sorry you cannot get my twenty guineas of Mr. Clarke. 1 think it very hard that I alone should suffer. I would have you dew what you can for me in it which will very much oblige —
Sir, your most Hum'. Serv'.
John Thomlinson.
P. S. If Mr. Strangways makes any Application to you at Ports- mouth for any advise or assistance in the Expedition he is upon, he
848 PROVINCE OF NEW-HAMPSHIRE. [1735.
being on an affair for the account of his Grace y^ Duke of Chaudoes ? Coll Bladen and some other gentlemen, I hope you and Coll. Dunbar and my other friends will Render him all the service you can.
[p. 31.] London 5 May 1735.
Sr — On the other side you have cojjy of my last to you and has only here to inclose your Invoice and bills of Lading for a case of good shipt you (I hope) agreeble to your Direction. I shall write you again in a little time and am
Sir, your Most Hum' Serv',
John Tomlinson.
No. 10. [p. 32.] London 22 June 1735.
Sir — I have not writ you since Wingfield and Homans, since which I have received two of your agreeable Favours, and am only sorry that I cannot get you relief so soon as I could wish, and for the state of affairs here must again refer you to Mr. Rindge. I have Received another Quarter Sallary for you and you must from time to time give me direction in what you will have it in. I have lately had a letter from Capt. Sutcliff from Jamaica that he was going to Savana Lamar to load sugar and have Insured for you £300 at 4 pr Cent, and when please God she arrives both Coll. Buttler & myself is fully determined to Trye what we can doe with him, and if possible will get you an End of that affair. I would have you by all means to be a Quarter part concerned with your Nephew Robert Pike. I shall provid him owners for half and shall get him so fixt that he will get Jiioney for himself and owners, he will turn out a very Clever fellow and be a good man- ager. I know none of his standing like him ; he is againe gone to y® West Indies, and if he does not leave the Snow there and come to your place for the Shij), I shall as soon as I hear give orders for the ship to meet him about Xmass in the West Indies; I shall Send him out passenger in some of the ships I am concerned in. I have not now to add only that I am with service to your good lady and family,
Sir, your most obed' Hum' Serv', Theodore Atkinson, Esq. John Thomlinson.
No. 11. [p. 34.] To the Right Hon'^''' the Lords of the Committee of his Maj- esty's most Ilono'''® Privy Council. My Lords —
Pursuant to your Lordships ord"" of the 16"' day of April 17;)3 we have examined the Peticon of John Ringe of the Province of New Hampshire in America, Esq"" complain^ in behalf of the inhabitants of that Province of great Eiicroachments upon their Land, and other oppressions w'ch they have suffered from the People of the Massachu- setts Bay, both in matters of Property & Govcrm' for vant of fixed §' known Boundaries betwixt the said Provinces w'ch the People of New Hampshire have in vain used their best endeavours to settle in Con- junction with those of the Massachusetts Bay — wherefore he most
1735.] THOMLINSON CORRESPONDENCE. 849
humbly prays his Majesty to declare and ascertain the several Bound- aries of the Province of New Hampshire & to atlbrd his oppressed sub- jects of that Province such Rehef in the Premises as to liis Majesty in his great wisdom & justice shall seem meet.
AVe thought proper to communicate a Copy of this Petition (and of Eight others upon the same suhject from the Inhabitants of the several coun- ties of Xew Hampshire) to Mr. Wilkes, agent from the Province of the Massachusetts Bay, who having taken time to transmit the same to his Principals, did on the li"^ day of February 1733-4 lay before us a Memorial in Relation to his submitting the Determination of the Boundaries between the Provinces of the Massachusetts Bay & New- Hampshire to such Commissioners as should be appointed by this Board. But his Memorial not containing so full a submission to the Determination w'ch we sh'd make upon this matter as Mr. Wilkes had before promised, he desired leave to withdraw the same in ord"^ to lay another before us w'ch should be more to our Satisfaction ; and agree- able to this we received the next day a Letter from Mr. Wilkes in y" following words :
"My Lords — Pursuant to Listructious I have received from " the Great & General Court or Assembly of his Maj'^^ Province " of the Massachusetts Bay in New England, in America, in Re- " lation to the Petition of Mr. Ringe touching the Controversy be- " tween the said province of the Massachusetts Baye &: New Hamp- " shire about their Bounds, & praying a settlem' thereof, I do hereby, " as agent of the said Province of the Massachusetts Baye for & on " their behalf, humbly submitt it to your Lordships, & do hereby con- " sent & agree, [p. 35] that the said Boundaries may be Determined & " Settled by wise disinterested persons of the Neighboring Govern- " ments to be nominated & appointed by his Majesty or your Lord- " ships for that purpose, and I do further agree & consent for the Prov- " iuce of the Massachusetts Bay that the Said Comiss''^ shall have the " matter in controversy left to them fully and without any limitations " saving only that the Lines, however they may happen to run, do not affect " the property of Particular p\^ons.''
A Copy of this L're having been communicated to the petitioner "Mr. Rindge,we received the day following a second Peticon on his be- " half from his Solicif Mr. Parris setting forth, " That he had nothing "to object against Commissioners being authorized to set out the " Boundaries betwixt the two Provinces, But that he was under a "necessity of representing to us, that the Question w'ch had been so "long depending was, at what place the South Boundary of New " Hampshire (or w'ch is the same thing the Northern Boundary of the " Massachusetts Bay in that part w'ch bounds to the Southward on " New Hampshire) shall begin, & what course it shall run?
" That this Question must receive its Determination from the true " & legal construction of the Charter granted to the Massachusetts " Bay & may not therefore be proper for the Determination of nicer " Surveyors or Mathematicians in America, but may be proper for liis " INIajestys own Royal Determination here, with the advice of his "Privy Council, w'ch being once done & the place of beginning the "Bound Lines & likewise the course they are to run being fixed, the "matter w'od then be clear, & his Majestys Comiss'* would have but
54
850 PROVINCE OP NEW-HAMPSHIRE. [1735.
" very little trouble or difficulty in running the Lines, Wherefore he " humbly pi-ays us to hear all partys by their Councill upon the Ques- " tion where the Boundary Lines ought to begin & what course they " ought to run."
Hereupon we thought proper for our better information in a matter of this Consequence to communicate to his Majesty's Attorney & Soil"" Gen' a copy of the charter granted by their late Majestys King Wra. & Queen Mary to the Province of the Massachusetts Bay 1691, & desired their opinion from what point of Merrimack River the dividing Line between the Province of the Massachusetts Bay & New Hampshire ought to begin according to the intent & meaning of the s"* Charter.
In answer to this Query the Attorney & Soil'' Gen' have acquainted us by their Report Dated the 10"' day of March last " That they had ' ' been several times attended by the Councill and agent of the s"^ " Provinces.
" That the Councill for New Hampshire offered several arguments to " prove that the said dividing Line ought to be taken from three miles "north of the Merrimack River.
[p. 3(3.] " That the Councill for the Massachusetts Bay would not " say what it was they insisted on, or give any answers to what had " been urged by the Council on the other side. But declared that in "their opinion the Question w'ch was proposed to the Attorney & " SoUicitor General by this Board would not Determine the matters in " Dispute & that therefore they thought it unnecessary to say any " thing upon it.
" That whether this be so or not they are not able to judge. But as " to the Question referred to them they are of opinion
" That the dividing Line between the Province of New Hampshire " & the Province of the Massachusetts Bay is to be taken according to " the Intent of the Charter of William & Mary from three miles North " of the mouth of Merrimack River, where it runs into the Atlantic " Ocean."
Since this Report we have been again attended by the Soil'' for the Petitioner & the agent of the Massachusetts Bay, and have heard what either side had to offer by their Council upon this occasion, And upon the whole we take leave to offer our opinion to your Lordships that his Maj'y sho'd be graciously pleased to appoint & authorize Comiss'''* to be chosen from out of the neighbouring Provinces in America, to meet within a limited time & mark out the dividing line between the said Provinces of the Massachusetts Bay & New Hampshire, and we shall take care that a cojjy of the above said opinion be given to each of the said partys for the Information of the Comiss"'' in case any doubts should arise amongst them upon the Construction of the said Charter granted by King Wni. and Queen Mary to the Province of the Mas- sachusetts Bay. We are. My Lords,
Your Lordships, most obedient and most humble servants Whitehall, M. Bladen Fitz Walter
June 5, 1735. R. Plumer T. Pelham
Edw"^ Ashe Orl" Bridgeman.
Indorsed — " Copy, Board of Trades
Report upon Mr. Rindge's Petition."
173G.] THOMLINSON CORRESPONDENCE. 861
No. 12. [p. -'iT.] Loudon 11"^ August 1730
Sir —
I have not had any of your favours for some time or indeed from your place not so much as one line by the mast Ship which I am really surprised at, however I have now to tell you that I have finished with Capt. Sutcliffe both the ships and his private account with you (he is since gone a voiage for three years) As I formerly writt you it is a sad affair but something better than it appeared at first sight, for when he gave me the ships accounts there was £oOO or £000 sterling coming to him from the owners besides what y'^ shij) sold for, we had three worthy Gentlemen abritrators and after they had been as indul- gent as possable to him they make a ballance coming from him to the owners of £ 141 : 6 : 0, of which 1 have Rec'' for your account £35 : 0 : G and fur the Ballance of your private ace' £54 .-0:8 both which I have carried to your credit and it is Just so much more than I expected I Assui-e you I had so much trouble in the affair that had their been a Thousand pound coming to you, 1 should have charge you at least £100 for my trouble and dearly earned too. I hope by Shepheardson to be able to ship you in such goods as I think will best answer what I may have of yours in my hands. / am very glad to Jind that the Society has at last given leave to Mr. Brown to remove to your place. 1 shall be glad to hear his good success amongst you. I hope we may in time obtain the other things we have been so long soliciting for it would give the utmost pleasure to
Sir, your most Hum' Serv'
John Thomlinson. Pray when am I to hear any thing
from Benj. Clark's Executors. •
Superscribed — " To Theodore Atkinson, Esq. at Portsmouth,
New England." Pr. Capt. Crocker.
I am surprised I have not one line from you by Capt. Vaughan who is arrived at Plymouth & has sent all his letters i^i : but none from you.
No. 13. [p. 38.] London 3'^ V 1736
Theodore Atkinson, Esq.
(A copy pr Bennett)
Sir — 1 have only to acknowledge your favour pr Capt. Hewitt and to inclose Invoice and bills of Lading for some linen shipt you, which I hope will answer. I indeed ordered the Draper*to ship you a larger quantity, and how they did not I cannot tell, but this I know it is the first time they ever Erred on this side. The Packets you and my other friends mentioned some time since sent with the account of your pro- ceedings when the Governourwas last with you never came to my hands, and you would do well to trace it; for it has certainly been Intercepted on your side the water, or on ship Board; If it had come here I should have had it. I design to write you again in a little time when I hope to have more leisure. I assure you 1 have very little at present, yet must tell you that I am, Sir, your most Ilumb' Serv'
John Thomlinson.
852 PROVINCE OF NEW-HAMPSHIRE. . [1736.
No. 14.
(Copy) [p. 39.] London, 12 Nov^ 173G.
Andrew Wiggan } y 3n°. Rindge f ^^'l^'
Goutlemen,
My last to you was y** 14 August last, wherein I told you that I was in hopes by some of the fall ships to give you an account of the success of a hearing that was appointed before a Com- mittee of his Maj'^'^ Council in October, on the affair of the dividing lines, and you will find by the Inclosed papers the said hearing was on the 20 Oct. AIlso the success of y" s*^ hearing, which was to our Wish, as you may see pr the coppy from our Brieff sent you here & coppy of the Committees order on s"^ hearing. I have sent you allso a copy of a petition to my Lords Commissioners for Trade S,' Plantations j)ra)/mg for a small quorum and some other things necessary which we hope to oiiain &,' then I think there can be no great difficulty on your side the water. And I hope you and all your friends will do every thing in your power to assist such Commissioners that they may be enabled as soon as possible to send home their Report according to his Maj"*'* orders and Instructions, and notwithstanding either Provinces has y^ liberty of appeal from y*" Determination of such Commissioners, and it is very likely to be the case, yet I am pretty well assured that any such appeal will not occation much Trouble and very little delay, for this will be the case If ye Commis'rs settle ye lines according to his Ma- jestys Instructions §" the Intent and meaning of the Charter, I am sure you loill not appeal ; and notwithstanding any other appeal from ye Massachu- setts, his JSIafty will confnn'surh settlement, and should such settlement be made contrary to his Maj'^'" Instructions & the Intent and meaning of the Charter, upon your appealing properly, and as the Instructions shall direct you need not doubt but his Maj*> in Council will under- take tlie affair without any more delays: and we are pretty sure that y^ Charter iS construed here as it is with you Indeed it can bear no other construction, i am very sorry that some of the good people of your Province are freighted by the Threats & Rumors that are raised in the other Province purely for that purpose. I think their case be- gins [p. 40] to be pretty well known, and I have now very great hopes you will soon be Relieved, and I assure you nobody will rejoice more to see it than
Gentlemen, your most Obedient Serv*,
John Thomlinson.
No. 15.
London, 19 Jan?" 1736. Gentlemen,
I am now to confirm the above to be copy of mine to you pr Capt. Fones, to which I refer you; and only have to inclose you two papers, to shev;- you that your grand affair is now going on successfully ; and I have now hopes in a very short time to finish every thing that we can doe for you here, and send you by some of the Spring ships, with
1736.1 TIIOMLINSON CORRESPONDENCE. 853
proper Instructions, &c., which I am sure you will he careful to observe and follow: — and as I am senceable you have no other views than to hVve these dividing lines Run according to the true intent and mean- ing of the Charter, I think you may now justly hope to see it done with- out a great deal more Trouble or loss of time; For it^now apj^ears to me that every body that hears the affairs perceves how you have been used and how necessary it is that the Boundarys should be settled, and it will consequently be done as speedily as possible. I assure you it will give me the utmost pleasure to se it done, and that his Maj''>* Province may become a more florishing and happy people, I am, Gentlemen, your most Humb' Serv',
John Thomlinson.
Andrew Wiggan ) p
John Rindge i ^^"^'1^'
Xo. 16.
(Copy) [p. 41.] London, 12 Nov. 1736.
Theodore Atkinson, Esq.
Sir — I have here to acknowledge your favour pr. Capt Hewitt and am very sorry that your People should be freighted or Intimidat- ed by the Storys and threats of the Massachusetts, from doing their duty to their King, their country or themselves. For tho' y*' affair has gone slowly here, yet now I think their circumstances begins to be known here and I hope they will soon be Relieved.
I have wrote Messrs Wiggan & Rindge on the affair of the boundary Lines to which I Refer you. I have not yet had your packett Inclos- ing the papers Relating to the Aesemblys last sitting. I shall Endea- vour this winter when the Gentry are in town to get you some things for the Church. I am
Your most Hum' Serv'
John Thomlinson.
P. S. The papers I have sent to Messrs Wiggan & Rindge I have directed to Mr. Sam' Wentworth, Merch' in Boston that he may forward them.
No. 17.
London 10"i Jan^ 1736 The above is Coppy of my last and has only now time to Tell you that I have this week settled with Mr. Jones To Michalmas last and he has paid me also your bill of £31 : 10 ster? for ace' of Charles Apthorp, this ship going away at this season unexpectedly that I have not time to write any of my friends, — for publick affairs I must refer you to Messrs Wiggan & Rindge. Sliepherdson and scverall others will sail for New England at ye old time, viz. y"^ Middle of next month then I hope shall have more leisure, I am
Sir, jou most Hum' Serv'
John Thomlinson.
854 PROVINCE OF NEW-HAMPSHIRE. [173G.
No. 18. [p. 43.] To the R' Houourable the Lords of the Com'" of his Majes- ty's most Honourable Privy Council.
Mij Lords —
We have had under our consideraton your Lordships order of the 26* of Octo"" last approving our nomination of the 5 Eldest Councillors in the Provinces of New York, New Jersey, Nova Scotia and Rhode Island (excepting Major Mascarine one of the Council in Nova Scotia who appeared to j'our Lordships to be a p'son interested in the Massachusetts Bay) to be the Com" for settling the Boundarys between the Provinces of the Massachusetts Bay & New Hampshire, and requiring us to prepare, and lay before your Lordships such Di- rections as we shall think necessary for his Majesty to give to the s'^ Com""^ for this purpose, specifying the time before w'ch the said Com" shall hold their first meeting, the most convenient Place for such their meeting, and of what number the Quorum should consist.
Upon this occasion we have been attended by the resp'ive agents for the Massachusetts Bay & New Hampshire & have given them an opportunity of laying before us any Proposals they might have to make to further the settling & marking out the Lines in question, Whereupon the agent for New Hampshire laid before us a Memorial for the purpose aforesaid : The agent for the Massachusetts Bay only raised some trivial objections to the place of meeting & to the Quorum men'i by the agent for New Hampshire, but offered nothing further to us upon the subject.
As we are informed that the most proper time of the year for run- ning the Boundary Lines in Question is between the beginning of June & the end of September, we take leave to propose tliat the 1*' day of August in the year 1737 may be the day on w'ch the Com"'^ may be directed to hold their first meeting, from w'ch they may adjourn to such times as may be most convenient for them : For, altho' your Lo'pps did direct us to consider of a time before w'ch the s*i Com"^ should hold their first meeting, yet upon consideracon, we found it convenient to appoint a Positive day because the great distances the Com" live from each other would otherways make their first meeting very uncertain.
And as the Town of Hampton, in New Hampshire is situated ac- cording to the best Drafts we have been able to Procure of that Prov- ince, very near, if not upon, the Place thro' w'ch one of the Boundary Lines is at first to run, we are of opinion that the first meeting of the Com" sho'd be appointed to be held there.
With regard to the number a Quorum of the Com" sho'd consist of, we take leave to observe, that altho' there are Twenty Com" to be appointed, yet several of them from different occasions, may not be able to attend this service, and, as the want of a sufficient Quorum, supposing it sho'd be appointed too large, might prevent the fixing these Boundrys & occasion a fruitless long Journey to such of the Cora" as shall undertake the same, We are of opinion that fire [p. 43] of ye Comhs sho'd be deemed a siiffic't Quorum, and that all Determin- ations shall be by a majority of the Com" present. We are the rather of this opinion, because, each Province will have the liberty of appeal- ing from any sentence given by these Com" to his Majesty in Coun- cil].
1736.] THOMLINSON COKRESPONDENCE. 855
The agents for these Provinces having agreed that the c^o?t/(? attending this Commission & tiie Execution thereof shall he equalhj born between each Province, vre have nothing to otier you upon that head but that ■we think it highly reasonable it slio'd be so.
As these Com"'* must be appointed under the Broad Seal, we are of opinion that the above meu'^ Propositions with regard to the time & place of meeting & to the number of w'ch the Quorum is to consist ought to be expressed in the s'' Comission & a liberty thereby granted to either party who may find themselves aggrieved by the Determina- tion of the s'^ Com""^ of appealing to his Maj'-"' in Council, from such Determination, and that the Com'"'' may be impowered & directed to administer an oath or affirmacou to such p'sons as shall be found neces- sary to be examined before them.
And, that the good Purposes Proposed by this Comission may not be frustrated by any failure in the Execution thereof, we take leave further to propose —
That notice be given by a Circular Letter to the resp'ive Gov''^ of the Provinces where these Com''*' do reside, of his Majesty's Intentions to settle the Boundarys of tlie two Provinces aforesti by Com'''' to be appointed by his Majesty & that the resp've Gov"'^ of the s'^ Provinces upon rec' of such notice, do acquaint such Com"'^ of the time & i)lace of their first meeting, strongly recommending it to such as are able to go, to attend this Duty.
i?hat the Com" be directed at their first meeting to make choice of one or more able clerk or clerks to enter their minutes & proceedings, as also of one or more skillfull p'sons to prepare Dr'' or Plans of the Boundarys according to the Determinacon of the Com'^', who are also to administer an oath or affirmacon to such clerks or other p'sons as they shall employ for the due & faithfuU Execucon of their Trusts.
That each of the two Provinces, whose Boundarys are to be settled do send to the s'^ Com'''' at their first meeting the names & places of abode of two of their Publick officers, whom they shall appoint for that purpose, residing in the s'^ Provinces, on either of u-hom, or at whose Place of abode, any notices, summons, or final Judgment of the s*^ Com"'" 7nai/ be served or left.
That each of the s.'^ two Provinces do send to the s"! Com" at their first meeting, a Plaine full state of their Demands or Pretensions in writ- ing, describing where, & in what places the Boundarys on tlie southern & northern Part of New Hampshire ought to begin, what courses & how far, the same ought to run resp'ively, and that copys thereof may be [p. 44] mutually exchanged in ord"" to prevent an unnecessary Delay & that each Party may come fully prepared.
That the Com''* be directed to use all convenient Dispatch in the Execucon of this affair.
That the Com''' present at any meeting. He, who is first named in the King's Comission shall Preside at such meeting & shall Issue out the necessary summons for such Witnesses, as either party shall re- quire.
That no Evidenie be allowed of by the Com'''' but such as shall be sworn or take an affirmation before them in open Court, and that the whole of what such Evidence shall offer to the Com" be put in writing by the Clerk & in presence of the s"! Cora""'.
856 PROVINCE OF NEW-HAMPSHIRE. [1736.
That Entries be made of the Papers, Evidences, Deeds, Charters & Proofs received by the Com''^ in this affair, & of all their Proceedings & Resolutions throughout the same, & that the Plans or Draughts of the Boundary Lines, as agreed by them, be annexed thereto & made Part thereof.
That vk^hen the Coni''^ shall have made their final determination & signed the same, a copy thereof shall be sent to such Public officer in each resj)'ive Province as before raen'^, as likewise notice of another meeting, to be within six weeks after the delivery of such copy, or such other reasonable time as the Com"^^ shall appoint, at w'ch either of the Provinces, who shall find themselves aggrieved, may enter their appeal, with a Declaration what part of the Determination of the s'^ Com'"* thej^ abide by or Appeal from, and that each Province be allowed true copys of the whole Process, to be attested by 3 or more of the Com'^
That if, at this last meeting of the Com" neither Province do enter their Appeal, the Determinacon of the Com™ do then become final & conclusive to all Partys.
And that, during the meeting of the said Com'">* the Gov"" of the two Provinces do keep their resp'tive assemblys sitting or under short Prorogations, that they may meet within Twenty days after such De- termination, delivered as afs'\ in ord"" to Determine what to do there- on. We are my Lords, your Lordships
most obedient & most
humble Servants
Fitz Walter Whitehall, DeC" T. Pelham
8, 173G. R. Plumer
M. Bladen Orl'' Bridgman Indorsed— "Ringe ') Copy of the Board
V. - of Trade's Report appointing time
Massachusetts) & place, & Quorum of the Com"." " Moved for a Copy hereof 17 DeC 1736. Got it out the 18"' Do. & on the same day petn'^ for the Confirmacon of it."
No. 19.
[p. 46.] To the Right Hono'ble the Lords of the Comitte of his Maj-
estys most honourable Privy Council for the affairs of the Plantations:
The humble Petition of John Rindge of his Majestys
Province of New Hampshire, Esq"" in his own Right and as
agent for the Assembly of that Province.
Sheweth :
That by your Lordships Order of the 17"' December instant, your Petitioner hath obtained a Copy of a Report made to your Lord- ships on the 8"^ of December Instant, by the Lords Comissioners for Trade and Plantations — Proposing sundry direccons as proper to be given to his majestys Comissioners and others for settling the Bound- arys between the said Province and that of the Massachusetts Bay:
1736.] THOMLINSON CORRESPONDENCE. 857
That upon p'usal of the same your Pef humbly conceives the same to be very wisely and prudently dictested, and to be highly proper and well adapted, for the carrying his Majestys Royal intentions into exe- cution:
Wherefore your Pef most humbly prays j-oxir Lordships to take the said Report into your consideration, and that your Lordships will be pleased to agree in opinion as to the Directions and other matters pro- posed, with the said Lords Comissioners for Trade and plantations, That so, his IMaj'J'* Auth'ity and direcons may issue to the Comissioners (in such form or mffnner as shall seem fitt) with all convenient dis- patch, in order to their haveing timely notice & beginning to proceed on this long contested matter by the first of August next, the time menconcd in the said Lords Com''* Report.
And your Pef shall Ever pray, &c. F. J. P.(i) Indorsed — for the Pef
■] Mr. Rindges Pet" 18 Dec. 1736.
" Rindge, for a confirmation
vs. y of the Report of the
Massachusetts Bay | Lords of Trade, made
J the 8'h Dec. 1736" "Filed 18 Deca736."
No. 20.
[p. 48.] To the Right Hono'ble the Lords of the Committee of his Majestys most Hono'ble Privy Council.
The humble Petition of Francis Wilks, Esq. agent for his Maj'>* Province of the Massachusetts Bay
Sheweth —
That sometime since John Ringe of his Majestys Province of New Hampshire as Agent of the House of Representatives of the said Proviwce preferred a Petition to his Maj''^ humbly praying that his Majesty wo'd be pleased to declare & ascertain Sev" Boundnrys between the s"! Provinces of the Massachusetts Bay & New Hampshire.
That your Pef having sent a copy of the s*^ Petition to the said Province of the Massachusetts Bay & received tlicir Instructions thereon & apprehending he was thereb}'' authorized thereto & to avoid further Litigation & Expence he did (amongst other things) consent & agree for & on behalf of the s'^ Province of the jNIassachusetts Bay that the said Boundarys might be determined & settled by wise disinterested p'sons of the neighbouring Governments to be nominated cV appointed by his Maj'ty
That for the reasons men'^ in a former Petition most liumbly p'sented by yo"" Pef to his Majesty, your Pef apprehended his s'' Proposal to have been disngreed to & rejected, & so he acquainted the s'' Province of the iMassachusetts Bay in answ'' whereto tlie s'' Province acquainted your Pef he was not warranted by his Instructions in making the s'^ Fvoposiil, they only autJioriziny him to submit to have the Boundarys de- termined by icise disinterested p'sons to be chosen on the behalf of the
(1) Paris.
858 PROVINCE OF NEW-HAMPSHIRE. [1736.
Province of the Massachusetts Bay l>y the Assembly of that Province out of the neighbouring Governrn'ts.
That hereupon you Pef conceived himself bound in Duty to lay before his Maj'y by Petition the mistake he had comitted, before any thing was finally done herein, vi^'ch your Pef accordingly did. But on hearing the s"^ Petition before your Lo'dips to whom the s'' Peticon was referred your Lordships were pleased to report as your opinion to his Majesty, That it might be adviseable for his Majesty to appoint and authorize Cora" to be chosen out of the neighboring Provinces in America to meet wnthin a Limited time & mark out the dividing line between the s'^ Provinces.
That your Lordships on the 26"^ day of Octo"" last referred it to the Lords Com"'* of Trade & Plantations to prepare & lay before your Lordships such directions as they sho'd think necessary for his Maj'y to give to the s"^ Com''^ specifying the time before w'ch the s*^ Com" sho'd hold there 1*' meeting, the most convenient place for such their meet- ing & of what number the Quorum sho'd consist.
[p. 49.] That the Lords Com''^ of Trade & Plantations have accord- ingly by their Report bearing date the 8^'^ day of Dec"" last Reported to your Lop'ps as their opinion that the 1^' day of Aug. 1737 sho'd be the day on which the Com''^ sho'd be directed to hold their first meeting & that the first meeting of the Com''^ sho'd be appointed to be held at the Town of Hampton in New Hampshire & that 5 of the Com''^ sho'd be deemed a sufficient Quorum.
That your Petj humbly insisted before the Lords of Trade that Neic- hury in the Massachusetts Bay ivas a more Proper Place than Hampton & that the Quorum ought not to consist of less than a Majority of the Com''^ nominated who are 19 in number & Insisted as a reason for this that by the Law of England no man's Property sho'd be afiected by a less number than a Jury of 12.
That the Lords Com''^ of Trade then p'ceed to lay before your Lo'pps, such directions as they think necessary to be given to the s"^ Com''^ & among the rest are pleased to propose that each of the s*^ two Provinces do send to the s"^ Com'''* at their first meeting a Plan & full State of their demands or Pretensions in writing describing where, & in what places the Boundarys on the southern & northern parts of New Hampshire ought to begin, what courses & how far the same ought to run resp'ively & that copies thereof sho'd be mutually ex- changed.
That your Pef humbly submitts it to your Lop'ps consideration whether there be any Instance wherever an obligation of this kind was laid upon the partys in a case of the like nature & as there may be real difficultysin complying herewith your humble Pef hopes this shall not stand part of the Instructions.
That the Lords Com'^ of Trade & Plantations further propose that the whole of the Evidence w'ch shall be off"ered to the Com'* be put into writing by the Clerk & in presence of the Com""*
That your Pef^ humbly apprehends this ought to be done likewise in p'sence of the witnesses & that the Depositions aftr<* so reduced into writing sho'd be read to the witnesses & then signed by them & that the reducing the Evidence into writing ou't not to be left to such min- utes thereof as the Com''* Clerk may take.
That in that part of the report of the Board of Trade w'ch directs
1736.] THOMLINSON CORRESPONDENCE. 859
the Com" to adjourn in ord"" to give time to Appeal your Pef humbly apprehends it is not meant or intended that the Com" sho'd have Power to abridge the 6 weeks p'posed to be given for that purpose, whereas if the direccons w'ch are sent to the Com" run in the (leneral words of the Report " or other reasonable time " It may be tliought there they have such a Power, to p'veut w'ch yo' Pef humbly sub- mitts it to your Lordships whether it may not be proper to Express it such FURTHER REASOXABLE TIME as the Com" shall appoint.
That yo'' Pef further humbly apprehends that by the said direccons p'posed to be given to the Com" the copy of tlie Process is not ordered to be given time enough for the Assembly to see it before they must determine whether they will appeal or not, but only a Copy of [p. 50] the final determination, whereas the Evidence being what the case must be determined by your Pef humblj^ conceives it is reasonable they sho'd have that also before them for their consideration to form a right Judgm' whether they ought to appeal or not.
That your Pef humbly Informs your Lp'i:)s the Assembly of the Massachusetts Bay always meet twice in every year, viz. The Spring & Fall sessions — your Pef therefore humbly submitts it to your Lo'pps consideration whether it be necessary to keep the Assembly sitting or und'" short Prorogations during the time of this Enquiry as it may be of great & general Inconvenience to the members & create great uneasiness in the Province.
That the Report of the Lords Com" of Trade & Plantations men- cons that your Pef has agreed that the charge attending this Comis- sion & the Execucon thereof sho'd he equally horn between each Prov- ince, as to w'ch yo'' Pet"^ begs leave humbly to represent to your Lord- ships that p'suant to his Instructions he has in the strongest manner humbly insisted that the Com'rs on the behalf of the Massachusetts Bay ought to be named by the Assembly of that Province but as it has been determined otherwise & as it has been Ordered that a Comission sh'd Issue to the Com" w'ch have been p'posed by the Lords of Trade your Pef did declare he co'd make no objection to the Expencess attending the Execucon of the Com" being born equally by both Prov- inces & that he thought it reasonable it sho'd be so, & he now oilers nothing in opposition thereto, but yo"" Pef being no otherwise con- cerned than meerly as an Agent for the Province of the Massachusetts Bay, & having had no Instructions from them in relacon hereto, so he cannot consent or agree to it but he does not oppose it, as tliinking it reasonable it sho'd be so.
That your Pef most humbly Assures your Lord- ships he does not p'sent this his Petition with the least view to retard or delay this affair & as the strongest Evidence thereof he does not Insist to be heard by his Council, but is willing & hereby submitts the sev" m'res contained in this Petition to your Lordships great wisdom & Justice without desiring to be furtlier heard tliereon humbly praying your Lordships to make the Scv" before men*i alterations in the direccons to be sent to the Com" with such
860 PROVINCE OF NEW-HAMPSHIRE. [1737.
further & other direccons in relacon thereto as to your Lordships shall seem proper & necessary. And yo'' Pet"^ shall ever Pray, &c Indorsed — Francis Wilks.
" Copy — Petition Francis Wilks, Esq. agent for the Province of the Massachusetts Bay "
Presented 19 Jany, 1736.
[p. 52.] No. 21.
Sir —
The Enclosed is just now sent to me from the Board of Trade. I hope It will come time enough to catch the Ship Ceraus'^ I am told it contains a severe reprimand to Gov'' Belcher (upon the Pet" of Mr. Graves who was p'secuted ab' the Bounds & whose pet" 1 deliv'"'^ into the Board lately) and that Reprimand sent to Mr. Dunbar, for his own delivery into Mr. Belcher's hands, w'ch will be of pleasure & service too, to our friends in New Hampshire.
Mr. Wilks has given us a parting blow, by a Peti'on complaining of almost all the direccons propose'd by the Board ot Trades Report. We have just seen it & bespoke a copy of it, in ord'^ to be heard to- morrow night upon it, but cannot yet send you a copy, having none my self.
I hope a Pre on Saturday morn? tnay catch the ship, but however you may (now) venture to give yo'' Friends strong hopes, that we are at the end of the Line of oppositions on this side of the water, & that I am their, and also, Sir,
Your most obedient serv'
Surry Street, Ferd. John Paris.
20'h Jany 1736-7. Y*^ Packet above mentioned I have inclosed to j\Ir. Sam^ Wentworth, to forward to Coll. Dunbar or in his absence to Theo. Atkinson, Esq.
No. 22. [r. 53.] Sir—
The Lords have neither altered tune, place nor Quorum of the Com'rs, They think the Assembly should neither be kept sitting nor under prorogation, and they have enlarged the time for the p'tys to declare whether they appeal or not, from the 6 weeks, to 3 months (if the Com''» see fitt).
But they have added two notable matters, that if the jMassachusetts do not name Attorneys (to be served with Sumons, &c.) at the ftrst meeting of the Com''*, or do not, at such 1*' meeting, give in a plain state ot their Demands, then the Comers are to proceed ex parte. I have not more at present but remain
Sir — your most obed' serv* Friday night Ferd. John Paris,
past, 11. 4 Feb. 1736-7. Superscribed — "To Capt. John Thomlinson,
Merch'
in Great Trinity Lane."
1737.2 THOMLINSON CORRESPONDENCE, 861
I really have not time to write, to send you these that you may in some measure be informed how things goes on.
Feby 12, 173G-7. j. t.
No. 23.
[p. 54.] Sir—
The Report of the Councill agreeable to what I last men'-i to you was on ^Vednesday last confirmed, notwithstanding the Kings indisposition, & orders are made out to the Attr>' & Soil'' Gen' to pre- pare the Dr' of a Commission, ,Sc to the Board of Trade to write Cir- cular Letters.
As the business now begins to encrease & the Fees likewise in a great degree, I shall be much obliged if you please to let me send to you, at yo"" best leisure for a considerable supply. And in the mean time remain
Sir, your most obliged humble Serv' Surry Street Ferd. John Paris.
11 Feby, 1736-7.
Superscribed— " To Capt. John Thomlinson Merch' in Great Trinity Lane."
No. 24. [p. 5.5.] Sir—
I enclos: you a copy of the last ord" & shall wait on you at Loyds in a day or two.
We can not too soon apprise our Friends on the other side of what is done & doing.
The Board of Trade will presently prepare their Letters to inform the Gov'' & the two Provinces, & I should be glad to know whether an imediate opportunity offers of sending their Letters away.
I want to carry the ord'' to the present Att^ & Soil'' to prepare the Comission but our great loss Q) this morning makes me apprehensive of a change in those officers, so that one must wait (or at least it will be best to wayt) two or three days first, to see what changes ensue. In the mean time, I am
Sir — your most obliged humb' serv' Surry Street, Ferd. John Paris.
14 Feby, 1736-7. Superscribed —
'• To Capt. John Thomlinson Merch' Great Trinity Lane."
No. 25. [p. 56.] Sr.
I have the Honour to Enclose an ord"" of Council, That my Lords Com''^ of Trade & Plantations sho'd write certain Letters (relating to the affair of the Boundarys between his Maj'^" Provinces
(1) In margin, "The Death of my Lord Ch.ancelour very much himcntod bv everv body." ' ^
862 PROVINCE OP NEW-HAMPSHIRE. [1737.
of Massachusetts Bay & New Hampshire) unto the respective Gov'"'' of New York, New Jersey, Nova Scotia, Rhode Island, Massachusetts Bay & New Hampshire, as proposed by a Report from the Lords of the Coni'«='' of his Maj'^^ most Hon'ble Privy Council, included in & ap- proved by the s'^ order.
And as these Letters from my Lords Com" are to precede & give notice of his Maj'-" intended Comissiou, that the Com''" & the partys may prepare against the 1**' day of August next, when the Comission is to be opened. My humble request is that their Lordships will be pleased to write these Letters with what convenient speed they may, & this the rather, because 1 am very well informed that a ship departs from London for New England, on Saturday next.
In going through the Report you will observe that a former proposal that the AssemUys oi the contending Provinces should be kept sitting or under short prorogations, in ord'' to receive & determine whether to appeal from the Com" final determination, is not incerted.
That proposal was objected to by the agent for the Massachusetts Bay as inconvenient for that Province, & it is no part of the present ord^
But by the p'sent ord"" & by the Com" to be prepared in consequence thereof, if either Province to be aggrieved by the Com" determination shall not appeal from or except to the same, within a limited time, no Appeal or Excepcon is to be rece'' afterw*^'
The former conduct of the Province of Massachusetts Bay in this affair, the many endeavours used by them at least to delay if not to prevent, this Comission : The GovW of the small Province of New Hampshire being a native iV GovW over, the other great Province of the Massachusetts Bay, also his late Declaracon that the Lines in contest wo'd never be run, and the consideracon that he only calls the Assem- bly of New Hampshire, who, alone can determine whether to appeal or not, if occasion shall require : — all these considerations make me ex- ceedingly anxious, lest it should happen that an Assembly of New Hampshire sho'd not be called to determine upon this affair, & that, for want thereof, the Com" determination ag' them sho'd become final, [p. 57.] And therefore it is, that I am a most humble Petn"" to my Lords Com" for Trade & Plantations that they will be pleased to in- terpose in this matter, in such maner as to their Lo'pps shall seem meet, so that the Province of New Hampshire may not, by any means, be deprived of that great & valuable priviledge, most graciously in- tended them by his Maj'y of appealing from the Com" Determinacon, if aggrieved thereby.
I could not omit menconing this to you, & am with the greatest res- pect,
Sir — your most obedient serv', Surry Street Ferd. John Paris.
15 Feby 1730-7.
To Alured Popple, Esq. Secretary to the R' Hon'able the Lords Com" for Trade & Plantations.
Indorsed — " Rindge vs. Massachusetts,
15 Feb. 173G-7.
My Memorial to Board of Trade
to hasten their Letters."
1737.] THOMLINSON CORRESPONDENCE. 863
No. 20. [p. 58.] London, 15 Feb>' 1730-7.
Gentlemen —
I have but just Time by this ship to Inclose you the within papers, being of Mr. Paris's mind that ijou ought to know os soon as possible wJiat you have to doe, that you may be making tlie necessary preparation to act conformable to the Commission & Instructions that will soon follow these, which I hope you will be very careful! to Doe, that you may continue in the good oppinion of your friends here ; then may you expect you will have Justice Done you here, upon any Apeal from the determination of the Commissioners, by either Province, and speedily. I am satisfied that you will not trouble his Maj*>' with an A'peal if the Commissioners determine the affair in the manner you construe the Charter, and that all along apears to be the construction here; especially on your South Boundary, and for any triffliiig differ- ence on the north, I hope you will be easy under: George .Jaifrey & Theodore Atkinson, Esq. seems by their Letters to me to be masters of the affair, / hope they mail he your agents to attend ye said Comissioners whom I heartily wish may determine the affair so that neither of the partys shall have cause to appeal, it will be a very great pleasure to Gentlemen, your most Hurab' Serv',
John Thomlinson. To Andrew Wiggin & John Rindge, Esqs.
No. 27. [p. 59.] Sir—
This encloses to you a Duplicate of the ord' in Councill under Seal, which you will please to forward to yo'' Friends in New Hampshire for their own use & service.
This is also to accompany 4 Letters from the Lords of Trade to the Gov" of New York, New Jersey, Nova Scotia & Rhode Island : Please to forward them with all speed to those Sev" Provinces, & I beg the favour that you'l keep a mem'dum when & by what Ships you send each of them.
There are two other Letters from the Lords of Trade, One to Mr. Belcher as Governor of the Massachusetts Bay, the other either to himself or such other person as shall have the supreme comand & shall actually be in New Hampshire. These two Letters (last menconed) I beg of you to send to some very safe hand in New Hampshire, who must make an afhd* of the delivery of one of these Letters (that to Mr. Belcher as Gov'' of jMassachusetts) into Mr. Belcher's own hands. & that affid' should specify the time & place when & where it was so de- livered; & the affid' should likewise contein an ace' when & where the other Letter to the Gov'' or Comd''-in Cliief of New Hampshire was delivered to the Comd'' in Chief of New Hampshire, in New Hamp- shire; and this affid' should be sent back to you here as soon as possi- ble.
I have bespoke Duplicates of all these Letters ag'' the next ships. The orders are left with the Att'y & Soil'' Gen" who are preparing the Comission & you may rely on it that they shall have continual applica- cons from me till I get the Comission from them.
I can only add here that it is thought by some very good Judges
864 PROVINCE OF NEW-HAMPSHIRE. [1737.
that whoever is the Com'd in Chief resident in New Hampshire will be very well justified in calling the Assembly there on receipt of these Letters.
I am, Sr — Your most humble Serv*,
Ferd John Paris. Surry Street, London l'> Feby 1736.
Superscribed — "To Capt. John Thomlinson
Merch' in Great Trinity Lane."
No. 28.
[p. 60.] London, 5 April 1737.
Sir—
Altho the Bearer hereoff Mr. Plummer his coming over Collector of your place may be some Disadvantage or Disapointmeut to you, yet when I tell you that I dare say he will prove the most agreeatsle Gen- tlemen that you could have had, in every Respect, you will excuse my here recommending him to your friendship, and as I am sure it is his inclination (as far as is consistant with his duty) to give as little trouble as possible to the Trade and Navigation of the Port, I am sure you will advise and assist him to set out Right, that he may be of general service to the country, for he is a gentleman of good sense and of a very good family & good circumstances and I heartily wish you had a greater number of such familys concerned for the welfare of your province. You must Excuse me not writing one word of Business, I and my family are under very great affliction for the sudden loss of as fine a Boy as ever was Born that was well at school on Saturday and Dead on Thursday following, and my other friends must Excuse me allso for 1 am Really not yet capa,ble to set at Business as I ought, and can only add that I am.
Sir, your most Ilumb' Serv',
John Thomlinson.
Theodore Atkinson, Esq.
No. 29. (Copy by Egleston) [p. 61.] London, 27 Aug' 1737.
Theodore Atkinson, Esq.
Sir — I have but just time to tell you that Coll. Dunbar has given Bail to Mr. Wilks and the other occation, And now has his Enlaro-ement & about among his friends, he Avas very Imprudent at his first coming, not to take the advice of his friends, and the Board of Green Cloth would have protected liim from any thing of that nature. I hope he will be more careful! for the future & I hope he will succeed in his solicitations. I see Gov"" Belcher has Rece'^' y*^ Packett contain- incf his ]\Iaj'y* Instructions from you, by his Proclamation, &c. Allso that he has prorogued your Assembly untill 4 days after y*" meeting of tlie Commissioners, contrary to his Maj'y* Design & Instruction, Surely VI order to prevent your choosing such Two persons properly QualVd to
1737.] THOMLINSON CORRESPONDENCE. 865
attend the Commissioneis on the Jirst day of their sitting as bis Majestys Instructions direct, and 1 fear hath tliereby Defeated his ^Iaj'>'' most gracious Intention of having the Boundarvs fixt and settlcil. I have already laid tliose things before the Lords Commissioners of Trade and Plantations, and if he should by this or any other act obstruct the Speedy settlement of the Boundarys, I hope the Assembly will with all speed send me as stroug a llemonstrance to his Maj'y in Council as possible, of any such Act, and allso of the many Grievances the Prov- ince hath and does still labour under, by his Administration; and as full proofs to support it as possible. I assure you I have not failed or shall I of Executing any commands the Assembly shall give me, and noe Remonstrance or comjilaint comes with that weight as from an As- sembly. I think it more proper to communicate this to you Rather than y'^ Comittee, because it might look too much like my Directing them. You will only communicate this to a Friend or two. I believe the Coll. writes you by this conveyance. I am.
Sir, your most ob' Humb' Serv*
John Thomlinsou. Indorsed — " Thomliuson ab' the Lines, 1737, to Atkinson."
No. 30.
[p. 62.] London W^ Oct. 17-37.
Sir—
My last to you was 27"^ August pr. Capt. Egleston & Stanney. Since which I have not had any of your favours neither are any of my friends at your place so diligent as to inform me any thing of your proceedings as they have frequent opportunities by Avay of Boston, that I can know nothing but ichnt I pick up out of the Boston prints. There- fore I can not tell how you are like to succeed in running the Bound- arys, but this I am pretty sure of That had you and ]\Ir. Jaffrcy, Mr. Rindge, Mr. Wigan, &c. took care that the Remonstrance of the As- sembly to his Maj'-^' setting forth your grievances under G. B. adminis- tration and the Bad consequences that must attend his ]Maj'>'^ Province allways by being under the same Governour with the ^lassachusetts, I say had you Quietly sent home such a remonstrance (which I am told either was drawn up or was Designed) you had been by this time been a sepperate Government. I do every thing for you I can here, but if you will not assist when I tell you that Petitions or Remonstrance from a Body of men liave a weight, — besides I can act with more assurance of success & courage and satisfaction to myself, I have not seen Col. Dun- bar for some time, he is at Hampton Court, and Mr. Jones tells me he hath gott him out of all his difficultys and hopes he will succeed in his solicitations. I wish he may. I am.
Sir, your most Ilumb' Serv',
John Thomlinson Theodore Atkinson, Esq.
Indorsed—" Thomlinson ab' the Prov. 1737."
55
THE BELCHER CORRESPONDENCE.
1731-1737.
Correspondence of Gov. Jonathan Belcher with Secretary Richard Wald- ron and others, of the New Hampshire Province.
Note. The Letters which follow are specimens of a Correspond- ence between Gov. Belcher when in Massachusetts, and Secretary Waldron, relative to affairs in New Hampshire. Letters were fre- quently passed between them. The Governor, on his part, indulges in a freedom and style of remark which can hardly be considered credit- able to him. Should any person hereafter undertake to write the life of Gov. Belcher, he might, to advantage, consult the Waldron Papers now in the archives of the New-Hampshire Historical Society. For the sake of reference the letters are numbered.
ggi^'The Letters of Secy Waldron appear to be copies, or rather first draughts of those written by him to Gov. Belcher, and the Governor's letters all bear his signature in his own hand, tho' probably copied by his clerk. Ed.
Letter No. 1. From Richard Wibird and Henry Sherburne. May it Please your Excellency —
A Saturday toward Eve being in Company w"^ sundry Gentle- men in Town a paper was produced in presented to us for our signing It had one or two cursory readings but our memorys are too frail for us to pretend to give a particiilar account of y® contents but to y* best of our remembrance It was in the nature of a memorial or Petition to ye Lda Qf Trade and Plantations. It was then subscribed in our Pres- ence by Mr. Geo. Jaffry, Mr. David Jaffrey Mr. Ben? Wentworth Mr. Atkinson & Mr. Wiggiu & by whom since we know not but tis very probable the party will endeavour to get what additions they can. It mention'd the sudden proroga of the Assem by yo'' Excell>'^ order which hindred an Addi-ess for y*' redress of Public grievances.
It treated of the affair of y'= line at large, showing y'' readyness of this Governm' & y*^ backwardness of y"^ Mass" to settle it & proposed y* matters being laid before his Majesty forthw"'.
It mentioned great disadvantages y' this Province was under by reasons of the Gov" residing in another Province (viz.) That It pre- vents passing acts that might be beneficial &c. with Earnest prayers for a seperate Goverment. Morover it mentioned something of a Dis- gust taken by your Excellency ag'' them & that therefore Constables were forced to ride 30 odd miles to be sworn, & to y^ best of our re- membrance it said something ag^' advance i^ayments of y'' Excellencys salary. These are but broken hints, but are such as we can recollect. We utterly refused signing, & tho't proper to consult Messrs Gambling
BELCHER CORRESPONDENCE. 867
& Waldron upon this head & accordingly we did this morn who intire- ly agreed & joyn'd w"^ us in sending a dispatch to your Excellency w"' an account of these things. There is a ship bound for England ready to sail & goes tomorrow if y<^ weather favours — on board of which we suppose is to go this Petition. If an out wind or storm should stop her (w*^'' we earnestly pray for) 'til Wednesday night, We hope your Excel^y will have an opportunity of counter writing by y« same con- veyance, for we shall hardly Expect to see our messenger till that time. We are
Yo'' Excelly^
Very humble Scrv'^ July 12"^ 1731, R. Wibird
3 o'clock p. Ji. Heu : Sherburu.
[The above is in the hand-writing of Mr. Sec^ Waldron, as is also the following on the same sheet. Ed.]
May it please your Excelly
Capt Wibird & Capt Sherburne communicating to us some passages of last Saturday agreeable to the contents of the fore- going letter, We tho't it our Duty most readyly to joyne w''' them in a message to your Excell^ & accordingly have done so, that your Ex- celly might not be ignorant of the scheames & designs of the discon- tented, but might if possible have an opportunity of writing home in the same ship, in w'^^ goes the mighty memorial, tho' really \ve fear the vessel will sail tomorrow for y^ master is so resolved, wind & weather permitting. We are
Yo"" Excelly
most obed' humble serv*^ July 12* 1731 R. Waldron
3 o'clock p, M. B. Gambling.
No. 2.
From Gov^r Belcher to Sec'ii Waldron. Sir-
Capt. Hopson bro't me yours Dated this month, and the Post yours of 9: current, with what past in the Assembly, By which I find the mal contents are Restless and uneasy, and very Ready to do Mis- chief, but Hate to do good. The part you acted was Exactly well — (Presuming it was all with good manners to his Honour). What shall we say, and how shall M^e help it! We are Miserably of it, att the Council Board. I never tho't one of my Treasury Commis" to be any match att argument. The Lieutenant Govern'' tells me he has had com- plaints, and that the People suffer for want of a Justice att Kingston, Chester, and Derry; and you mention Streatham. The King's quali- fications for officers in my Instructions, are to be men of good Lives, luell affected to the Goverment, of good Estates and abilities. Let me therefore as soon as you can have the names of persons for each of those Towns & such as are best qualify'd, and make out Commissions and send me to sign. This matter for some Reasons requires Dispatch, and you must be sure the Persons will accept, before the Commissions are made out.
868 PROVINCE OF NEW-HAMPSHIRE.
I know no Foundation for the Faith you say three in four have taken up, and if People are so silly as not to hold up their heads and keep up their courage, there's no forcing them. 1 Return you the Military Commissions (sign'd) to be given Coll. Sherburn, and De- livered att such a juncture as he shall judge seasonable. Send me allso Commissions for the two special Justices on the occasion you mention. Let them be the best men you can find. You must advise and assist Capt. Wibird about his Enclosed Collector's Commission. I send you also the King's Instruction in this matter, which you must Lodge with the other Instruction in the Councill Files.
I find the Gentleman very restless and uneasy. I don't altogether differ from you about his starting over the Atlantick. I believe Mr. Gambling may have given a hint of a complaint made against you by the Lieutenant Governour, which was in these woi"ds, viz. " I intended " to have sent your Excellency an account of what past Both att the " Councill Board and in the Assembly, but have not been able to get " one for myself, the Secretary and the Journals being in the countrey; " I do not say this by way of complaints of him, because if I was in- " clined to it, I could say something more material, but 'Tis not worth " my notice &c " The King having Done Coll. Dunbar the honour of a Commission for Lieutenant Governor of New Hampshire it is my order, that you never show him the Least slight or Disregard, but all- ways Treat him with all Possible Respect and Homage. This Letter goes as you Desire. And so I shall do for the future. If the Lieu- tenant Governor is not att Portsmouth, 1 have ordered the Post to give you my Letter for him — To be Delivered as soon as he may come.
I am S""
Your Friend and Serv', Boston, J. Belcher.
July 12, 1731,
Mr. Secy Waldron.
No. 3. From Scc^i/ Waldron to GovW Belcher. Sir—
I have Inclosed a copy of y" Lt. Gov""* Commission (^) & two copys of y"^ votes past last sessions, w*='^ is all y*" Court then did. I sent your Excellency a copy of y'^ vote before, & likewise sent y*" Lt. Gov"" last week a copy of y*^ same, & y'' minutes of y® sessions w'^'^ he required of me for your Excell^. I mention'd nothing in the minutes of his Ques- tion whether he might not sign y'' vote or prorogue to another time bee: It came not to a vote. I have sent a copy of my answ"^ to his letter & pi'ay yo'' Excelly to return me y*^ original I sent pr Sherburne. I hope yo'' ExcelP' will give orders next week for swearing Capt. AVibird y' y'^ people may see who is Command'' in Chief, I have tho't if yo'' Exceil^ sh'd not order y*^ President & Council to do it it might not be amiss to order y*^ Presi'd' & Mr. Jaffrey y*^ two oldest Councill"'^ to see whether y*" latter w*^ follow y'' Example of his patron & deserve a suspension.
I am &c. [Indorsed] " Copy to R. W.
y« Gov' July 16, 1731." July 16, 1731.
(l)Lt. Gov. David Dunbar.
BELCHER CORRESPONDENCE. 869
No. 4.
From Gov'r Belcher to Sec'y Waldron. Sir—
I have now lying before me yours of 12 : present pr C Sherburne, & 16 : Ditto pr Post — and particuhirly observe the Lieut. Gov""* Letter to you and your answer — and am pleased the latter is so full of good manners. Its best to be patient & steady and to be very exact in every point of Duty.
I am glad my Letter per Sherburne got seasonably to go by the Ship from your River — (Pray who's the Cap'.) as to the Justices for Kingston — Streatliam — Chester & Derry, tliey must be men as near the King's Instructions as you can find 'Era, and so the Special Judges, and I desire their Commissions may be sent me, as soon as you con- veniently can. I now return you the Commission for C'oll° Sherburne's Regiment, which shou'd be distributed at such a Time as may be most seasonable on all accounts.
Inclosed is Mr. Atkinson's Letter to me and my answer — return the original, seal and deliver mine & give me your Tho'ts.
Let Wibird be easy, and I think all will be right. If Atkinson has not recorded his several Commissions (or Powers) with you, you may say the Gov'^ by his Letter depends they are so done, however let there be no Delay but authentick copies pr the Post.
I take Notice of every Particular relating to his Honour &c. Some People seem to be like a wild Bull in a Net, and perhaps may be by and by caught in their own snares. Its best carefully to watch all their steps, and counterwork their wickedness for the Good of the poor People they would deceive. 25 or 30 make up but a small Number of Complainants, Especially if we consider how many Scrub, Paltry Fel- lows are among 'Era — I have wrote Coll" Walton particularly about the Fort which I desire he would show you. If he be steady, he sliall be Capt" of the Fort, Maugre the Lieut Gov"" and all his scycophantick adherents. I wish it may be so that he has sent my last letter to Eng- land.
I shall write pr Gary, for Mr. Dennet's Mandamus, & wish Coll. Gillmau & Gerrish would order money for theirs. 1 fancy he will not return suddenly from his Dear Joyes. — Its best to give the Oaths to all the military officers — There's a clause in the Lieut. Gov" Commis- sion that Tedders him, — " According to such Instructions as you shall receive from us, and from our said Capt. General and Chief Governour of our Province of New Hampshire, Now," &c :
The Letter I have from Walton, Wibird & Sherburne have good spirit in 'P>m you must often consult one another, & read to each other the Letters I write, you must not sutler yourselves to be bullied or frighted on any account but be steady and strong.
I beleive they they heartily repent their not coming into the affair of the Line. The INIassachusetts will by no means abate the Course of the Law, since your Representatives were so stubborn iV liumersome — Its best the common People should know it, and let the blame lye on those busy wicked Instruments who have prevented an agreement between the Provinces. Consult all our Friends to make a good Judgment whether there may be a proper Juncture for a New Assem- bly,I would then dissolve this, and be at Portsmouth a few Days be-
870 PROVINCE OF NEW-HAMPSHIRE.
fore the choice, But you must be able to make a shrewd guess before this matter be attempted.
Think and consult well, and tell me if any thing can be done to purpose, I say let your spirits rise with your Difficulties. I have done iu the County of York as I told you — perhaps it may do good 'o your side of the River — I am,
Sir — your Friend Boston July 18: 1731. and servant
J. Belchkr. For some Reasons I chuse to send all my Letters under cover & you must deliver 'Em.
Mr. Secy Waldron.
No. 5. From GovW Belcher to Sec'y Waldron.
Let me have the Commissions for Justices at Derry — Kingston — Chester and Stratham and for the two Special Justices.
I have sent a Dedimus to Walton and Sherburne to administer the Oaths to Wibird, and have so wrote the Lieut. Gov'' and my Letter to Atkinson is open iu Wi bird's — I say be you all strong and steady, and get a Petition from all the officers in the Government to counterwork their secret Complaint. You must be indefatigable where the Enemy are so vigilent. I am really afraid great Inconveniences will arise on the Line, and who must be thankt but those who had wickedness and Influence enough to prevent the Committee's meeting. I wish the Lieut. Gov"" may be a true Prophet & that the Line may be fixt before Christmas, nor am I very sollicitous how.
I kuow he has long talkt of this Province being put under another Form of Government, but this may'ut happen iu his day. He wrote early for my leave to go out of the Province and he has it. If we could get a good new Assembly it would be a fine thing. When Coll" Westbrook comes hither I shall consult him about the Troop you mention. I now return you the Lieut. Gov"'" Letter. He complains to me of the great Disorder in your office, that the Records are only on Scraps of Paper and that you have made a gross mistake in omit- ting in the Commissions to say George the Second, you must be care- full and ThoughtfuU in every thing of your office, he says he should suspend you 'till my Pleasure should be known — To which I have wrote pr this Post, I shall not allow him to do any such thing, But that I shall examine into all the matters, when I come to New Hamp- shire in September. It is my order that you do not deliver the seal to the Lieut. Gov"" or any Body else without my sj^ecial order, and as soon as you can conveniently, I would have you come to me hither upon some particular Business.
Be all of you steady, strong and mannerly. Deliver my several Letters, and see by Wibird what I write
I am — Your assured Friend
Boston, July 2G, 1731, J. Belcher.
BELCHER correspondence/ 871
No. 6. From Sec'y Waldron to Gov'r Belcher. Extract. May it please yo'' Excellency.
" I beg leave to congratulate yo'' Excell-''" safe return to Bos- ton, w'^'' I heard of w"^ y<^ utmost pleasure, tho' I bad not y« lionour of knowing it from yo"" Excellency's hand.
" We have nothing remarkable since yo'' Excellency left us. The Discontented continue their buzzing endeavouring to amuse the igno- rant w"' falsitys, as has been their way. The Bonny Laird is not yet come that 1 hear of. I fancy his withdraw will raise suspicions in his best friends. I can't yet come at y*' designs of Warners complaints to yo"" Excellency. Perhaps he was not sent, as we first tho't, but a desire of lion"' prompted him to make y'' Essay, he is too cunning for old H . . . otherwise I question whether he would have told yo"" Ex- celly (so suddenly) he was fit for a Captain of j" Troop. I have heard that some of Col. Dunbar's friends have said ^^ expect him daily. It can't be long surely now ere y'' arrival of some vessels from Engl"* I long to hear from Whitehall what yo"" Excell'' may think proper to honor me with a hint of especially relating to y*^ affairs of this Prov- ince, and am with utmost duty,
Yo"^ Excelly Very obed' obliged &
Devoted humble serv' R. W. March 23*1, 1732-3
Js^o. 7. Gov'r Belcher to Sec'y Waldi'on.
Honi'i' Sir—
The Post brings me your Favours of 22 : & 2G : P'sent. I
hear not a word of Reynolds or old H and am still of opinion (as
formerly) that Sancho (^) must consent to his Dismission, which I think he never will, because he can't expect any better Provision, my last
Letters saying — " I believe D r's character is pretty well known
" with some of the Lords of the Council to be far interested " — and I am told he is greatly in Debt at Home: and by the appearance of all things, the Irish Wind-fall winds up to a Button. So you may be long plagu'd with him.
I assure you I have nothing but good news from Mr. Belcher. (-') If a new Gov"" be appointed, why won't they favou^r us with his name: I am not able to make any opinion about the Line. The Lords of Trade will favour New Hampshire all they can— But when the affair will be settl'd seems to me very uncertain— I most sincerely wish it was well over, and can't but think the Massachusetts have been very culpable or it had been done three years agoe.
I have the Same Sense of Sancho's Insolence that you have and the very same opinion of the man I always had, yet as it was the time for the Fast, how could I avoid the steps I took, and I am not displeased
(1) Sancho appears to bo one of tbo opithets which the GovV applies to Lt. Gov'r Dunbar. Ed.
(2) Supposed to be the Govr's son or a brother in England. Ed.
872 PROVINCE OF NEW-HAMPSHIRE.
that he treated the orders of the King's Gov'' with so much Rudeness' & Impudence.
As to the pusillanimous Wretches Q) from whom we want assistance What shall we say or what shall we do? five have been lately admitted by your approbation, but exce^Jt yourself, you say no man opeu"d his Jaws — When our Friends have all the Places of Profit and Honour, & yet are useless, I again say. What shall we do? What made the old
go out of Town instead of being at his Duty; most certainly
the mention of a Lt. Gov"" in the Salary but can have no other meaning than what you say. St. Pat^ constant course of Folly makes him con- temptible. I have had the same thoughts about the Fort, Passes, kc. but am desirous to do things in the wisest manner.
The P s — dt (-) is a despicable mortal, yet I now inclose him the
Proclamation for a Fast, leaving it to the Council to set the particular Day; and the order to him I cover to you, to be deliver "d or sent him, as may be tho't most proper, when you have read & seal'd it — and
after consulting Gambling & old H & who else you please, I in-
tirely submit it to your Prudence, whether to proceed in the matter or not. But if upon your own most deliberate consideration, you think it best not to go forward at present then it may be best not to open your lips to any body about it. On the other hand, if you think the Council, will be strong enough, I should be best pleased with appoint- ing the Fast in this manner.
The merchants private Bank here, and w^hat they are bringing for- ward with you, bids fair to ruin this Country. Its too long a story to tell you how big these things are of fatal consequences.
I don't flatter you, but really Sir, youbehav'din Council like a Hero, upon every particular that hapen'd there.
I thank you for the accounts wliich I have also at large from jMous'^ and the answer I have given him is inclos'd.
I shall w]'ite for the Carrier to Coll. Gillman for copies of his Orders without mentioning any Reason.
Old Slade (■^) is a poor creature, yet if he comes this way, I will have some talk with him. The aftair of the Excise man must rest for the present. I remain with much Respect
Sir, y'' assured Friend Boston, J. Belcher.
April 29: 1734.
Mr. SeCy Waldron.
No. 8.
Cop>/ of the Letter from Li. Gov^r Dunbar — above referred to — to Gov'r Belcher.
Siu—
On Fryday last the Carrier deliver'd to me a Packet at Exeter where I was upon his Majesty's service, and in it an order from your
(1) The Gov'r probably refers to members of the Council, who were not in his inter- est, but opposed to his policy. Ed.
(2) Shad'a Walton, being the oldest member, was President of the Council in the Gov'rs absence. Ed.
(3) Arthur Slade, of Xew Market, was a man of Some note in his day. He died Jan. 12, 1746, aged 64. Ed.
BELCHER CORRESPONDENCE. 873
ExcellJ" dated from no Place the 11"* Inst, for convening the Council here, and asking their advice upon a Proclamation for a Gen" Fast upon the 25"^ Inst. Dated also the 11 : Inst, and said to be from the Council Chamber in this Town, when every body knows you were at Boston, and 1 know no Council was held here on that day — 1 have always been of opinion, and am conlirmed in it by the advice of every Gentleman, except a few here vinder your Influence, that you have no
Right to send Q) ers hither in the manner you do, a few Days will
convince that you have not, in the mean time, I shall only say
to the Proclamation, that I can by no means be in issuing of it,
the Day appointed being a Festival Act of Parliament. I was in
hopes two or three mistakes your Excell^ had made at Boston in pro- claiming a Feast on a Fast, & a fast on a feast Day of the Church wou'd have prevented any more such, except it was done in Contempt of Church authority, which may be reasonably suspected by your giv- ing sanction to your Platform of "Worship, where you say That Arch Bishops, Bishops &c. not being Plants of the Lord's planting shall be all rooted out & cast forth at the last. I don't doubt but you have or will hear from home upon that Act of Government.
As to your Warrant for paying your Salary in advance I must pre- sume your sending it to me was in case I should offer it for the Coun- cils approbation (tho' it is already sign'd & couutersign'd as if by their advice) to make use of it as an argument against my demanding any Part of it, for which Reason I shall not only suspend offring it, but protest against paying it untill I know who has the Right to it. your ExcellJ" knows there is no money in the Treasury, and so delaying this for a few Days untill ships arrive can be no Detriment.
I did not intend to have troubled you with any Letter, at this time, but having this occasion, I can't avoid taking notice of your Treatment of me in sending your orders from Boston to the militia Officers here without any notice of me. This, Sir, is unprecedented & not like a soldier, and no man but yourself wou'd have done it; this and your other usages of me is in effect taking His Majesty's Comission from me, which I shall not give vip untill it is his Pleasure to take it; yet your construction of my Powers has made it so contemptible here that I meet with all the opposition & Disregard in the execution of my Duty, & in support of the King's service as Surveyor of the Woods.
I presume by the time this reaches you our Dispute will be ended from Home. Your manner of sending your orders was 1 suppose to avoid saying, Sir,
Your humble
(Copy defaced.)
P. S. I will call the Council to morrow and if they will joyn with me, I will appoint Fryday after your Excellency's appointment, being the 26 : Inst, for Fasting & Prayer, &c.
Indorsed—" Copy of D. D's Letter to y^ Gov' D. D.
ab'Fast, Aprill— 1731."
(1) The paper is lierc mutilated. Ed.
874 PKOVINCE OF NEW-HAMPSHIEE.
No. 9. From Govh- Belcher to Sec''y Waldi'on. [With Extracts of Letters from England.] Sir,
I Lave yours lying before me of 2-4: & 27: p'sent. The Riot cannot be mention'd but with abhorence. I send you another Extract out of a Letter last week Pr Prince. That from Sancho's must be treated with great Secresy, lest he should know I have the knowledge of what he writes, yet, you may in a prudent manner, let Coll. Jo; Q) & Husk know his Baseness.
I think I have put matters relating to Mons"" into a Stronger method than you suggest. But I command you some way or other to quicken Coll. Oilman in what I believe he is earnestly ingaged In. and fail not to let me have the Copies I have desir'd as soon as possible.
I am well enough pleased at the Turn my order took about the Cel- ebration, and have put into this Day's Print, what you sent. Gamb- ling is a brave fellow, and I have taken an opportunity to school of Sh— r — ly, and I think he'll be cautious for the future, he told me, he was loth to refuse a £5 : Bill.
I think there's no great Reason to fear the Lidians making a Breach at present.
I say, if Oilman will be quick in what he is about I think I shall be able to do JMons"^ Business.
Yesterday was our Election and the Friends to their King & to their Country fairly show'd their strength, and the old Toper with his few adherents are sunk with Despair.
In the struggle for votes, it was once & again said in the House, loudly, none of your Irish Governours. In the Choice of the Clerk he cou'd make out but 22 for his Son to Coll. Wainwright's 69 votes. The Health & the Proclamation about it have done excellent service. We have the best Assembly of 2 Seven years past.
I shall be glad to see my Friends in Aug^' or before if they think it for the best. His treating the solemnity of the Fast as he did must still make him more odious; certainly never was Wretch so hated as he in this Province and I wonder your's chimes in no more.
I fancy Madam's Dangler is heart-sick of the Party. I remain, Hon'''*^ Sir,
Your Assured Friend, Boston, J. Belcher.
May 30, 1734.
[Extracts referred to in foregoing Letter.] Ed. In Dec-^ 1733. " That Ellis Huske connives at eluding the Act of Parliament respect- ing Pine Trees, and a Merch' lodges in his House who ships off large Pine Trees, being squar'd, as call'd Balks to the Spanish West Indies, and Boards made of large Trees: That he isinform'd s"^ Husk is recom- mended to be one of the Council, as also one Slierburne a very ordi- nary Person who has been a master of a Ship, but keeps a little pedling shop, sells meat &c. and its' almost a scandal to set with them."
(1) Coll. Joseph Shcrburn ?
BELCHER CORRESPONDENCE. 875
Sir—
" After I had scard up my Packett by Mr. Oliver in this convey- ance I reC^ the inclos"d Extract from Coll" D — r"s Letter. 1 believe there is nothing that his malice & Envy wou'd not encite him to say against the Gov"" but Im' fully perswaded that his Majesty & his Min- isters are so well satisfy'd of your Exc>'^ zealous & loyal attachment to the Interest of the Government, that it will never be in his Tower to accomplish any of his ill-natur'd schemes. I am &c."
London,
March 30, 1734.
No. 10. From Gov'r Belcher to Sec''y Waldron. Hono^'^ Sir—
I have yours of 10: p'sent, and inclose you the Judge's answer, In which the learned here agree with him. H — sk shew'd no sort of uneasiness with Respect to the Gov'', but I thought he seem'd to be pretty much so in himself, and if he can form a Judg- ment of things, he must see he has grossly mist the mark. I believe he'll stand right when he thinks it for his Interest, and otiierwise, as he thinks things may be otherwise — But let it be as it will you may now look on him a Massachusetts man.
I am afraid the Judge is turning Fool. Its pitty Sancho has more wit now, than he had about the former Letter — If he would comuni- cate, and be a little Rhetorical (in his way) it would certainly be of service; since they will be wicked, how can we help what they say? About the naval office H — sk can't be so silly as to say you supplant him, since he is leaving the Province. You'll see what I wrote J — th — m, and that matter must rest till I come. Its talk't as if Sindry? was to be collector. If nothing should be done in it by our first London ships ; then I shall say my thoughts when I see you.
After all I am at a loss whether to pass from Haverhill by Streatham &c. or to turn to Salisbury — Because I am told there is between Haverhill and Exeter 10 miles of very bad Road and that Gov'' Sliute or Burnet could n't pass that way witli wheels, and the Cavalcade will not look so well with the Gov'' o' Horseback.— Think and deter- mine with old II how the Route must be, and tell me as soon as
you can.,
I shall be glad to see as many of my Friends at Haverhill as incline- to come. Cr— d — c said yesterday ]\ions''(') would certainly go Home this Fall, if he could make any Handle against the Gov"" (or any thing else) for an Excuse, and if nothing comes in his favour by the London ships, I am apt to think he will run mad and go: I have all along thought the affair of the Riot would give him considerable advan- tage. The Royal Woods is a precious tender Point, and he is artful in laying Colors, but we must wait; the scene will soon open for we daily expect the London ships.
I am. Sir, Boston, Sepf Your Ready Friend
19, 17:34. J. Bkixiiek.
Mr. Sec'y Waldron.
(1) " Mons'r," refers to Lt. Gov'r Duubar. Kd.
876 PROVINCE OF NEW-HAMPSHIRE.
No. 11.
From Gov't Belcher to Sec'y Waldron. Hono»"« Sir.
Altho' your Postcript says you believ'd you should be at home to receive this answer to yours of 22 : lust, yet I can 't believe you will be long so after Rec' of mine pr the carrier, yet as this will fall into the hands of the fuithfull companion of your Pleasures & Toils, I am easy, and once more tell you I am perfectly pleas'd in your whole conduct: and assure you an honorable Quietus wou'd be highly acceptable but for the very Reason you mention.
I observe the whole Catalogue of Lyes that are bruited — AVeak as your poor wretches are, Methinks four years E.xperience that lying has never come to be Truth, shou'd open their Eyes : and what Point has Sancho gain'd to this Day? On the contrary what a Fool has he been made of at Pemaquid,(') and every where in every thing.
I have a fine time of it That I must make old H a Collon',
Treasurer & Clerk of the Court, and yet he must be such a poor un- thinking as that if a Gov"" does not take notice of a worthless
Hound that chimes in with all those that would cut his throat, the old Fool forsooth must be afronted. As to the charge of Beds for the Gov'': and one servant, with Hay & the Stable Room for the Horses, I would be glad of an ace' of it and to pay it. I never eat Suppers, and always my own Chocolate. As to young Dick,(-) I take him to be a modest fellow. The matter of the Bill I transacted wholly with Husk, and have paid him 27 : 5 : 2, Str. with the Exchange he gave, and the punctual Interest from the Time it was unpaid, and he desir'd no more; but had f done it with the other, it had been a mighty Thing for him to have given the Governour his care & Pains of pur- chasing a bill of Exch^. of 27£ Str. which I wou'd do for nothing for any friend if it fell in my way.
Bat he .shou'd always remember I made his Father Collector, by which he got for salary £25 Str. besides all the Fees and I made the young fellow half Sheriffe, for which I was offer'd in London 100 Guineas. But a Gov'' is to bestow all his Favours upon a Crew of Hounds for the gratitude of being bit or sharpt as they have oppor- tunity, but I take all this talk to arise from the old Jezebel, Avhose Lee — h — ry & Lew — dn — ss failing thro' Dint of age, loves money, just as she iis'd to do the poor decrepid poxt Docf. So much for that.
As to the Address, you seem to think it impracticable — you are therefore wise not to attempt it.
What shall we do with old H Guts & Lt. Jo — I can give the
office but to one. — You say, you are in a worse state than ever; I think we concluded that cou'd not be, and that against another As- sembly things wou'd come to rights. But if you think they won't, I shall put off the Tlio'ts of coming, when I intended. For why should I make a Winter jaunt to no purpose. Oh Tempora I Oh Mores ! I am sick of your fooly Government, and yet I am fully in opinion with you that all the airs proceed from sound Despair; for they must some of 'Em know, what I do by my Letters from London of 8 : of last
(1) Allusion to tlie failure of Lt. Gov. Dunbar to be appointed Gov'r of the settlement at l'enia(iuid in Maine. Ed.
(2) llichard Wiblrd, jun? Ed.
BELCHEU CORRESPONDENCE. 877
month— That as one of tlie Sachems said to me in the Conference at Casco Bay (when I proposed changing their religion) that is too heavy for me to lift; so the Gov' is too heavy for Sanclio and all his minions to stir— No, the Gov"" stands firm with his Royall master and with his Ministers, and I have good Reason to believe Mr. Belcher grows in favor with God and man ; and I assure you 1 am no ways discourag'd with all you write— But am prodigious fond of the fine Device rou'nd the Palm Tree— 7)e;)res,sa, Resurgo — But what is still more my favorite motto is — Sustine ^- Absiine, which comprehends all Christian Virtues and grace.
I can say no more to you than I have, which is that I am always ready to do you good according to my Power.— and the Instances you mention may be Proofs of it, — and the last I will still do at all events, if you think it best. I have not heard a word from Wheelwrio-ht since I saw you, he proraist to make his Request to me of quittino- in a letter, but I take him to be an ignorant dull Fellow, and perhaps he has tho't no more about it.
What's come of all their great talk about the Line — Why I suppose there will be orders once within these seven years to have it settled according to the Instruction the Gov'' brought with him, and why should the poor People pay for tlie Ipswich Boy's Wife's Brockade, &c.
I thank you for all your particular Intelligence, and am glad I have been able to steal Time from the Assembly, & our London ships to balance the ace' with this long Letter.
I have the Copy of Bacon's Patent. Has Russell the Perrv safe in his sellar, — I don't expect it this Winter.
My Wife joins her best Respects with mine to IMad"' Waldron, and I am Sir — your assured Friend
Boston Nov. 25: 1734. J. Belcher.
Mr. Secy Waldron.
No. 12. GovW Belcher to Sec'y Waldron. Hon''i« Sir—
I am oblig'd with your Favour of y* 17: & 24: present; and remark very particularly all you say about an Assembly, and inclose
you old H's pr this Post, to read and return, and think we all seem
to jump in opinion that its best when we do sit to be at the usual place if it may be tho't for the good of the Lieu Ave can adjourn to Exeter when we please — I think by the strain of Old H's he seems to be hon- est—I am thankfuU for your advice about the sitting of an Assembly which (in the Integrity of your Heart) you think best to postpone at Present. I assure you I have no Stomach to repeated Fatigues and charge to no purpose.
I take H — ske to be a sorry false Fellow, and young D — ck a very mean, narrow spirited Creature, he strenuously insists on the Differ- ence of the Exchange — I am therefore now determined to make R-ss-1 whole Sheriffe, or put him in a new partner, and I will appoint a new naval officer without any more Delay, and if I can serve yon in these affairs (viis et modis) pray let me do it. But I will make no further complements to Falseness and Ingratitude — yet these alterations can never be so well done as when I am on the Spot, and its best not to
open your lips about 'em. 1 hear nothing from Wheelwriglit but
have frequent applications about his place W — Wentworth, E.
878 PEOVINCE OF NEW-HAMPSHIRE.
Vaughan and Lane have been mention'd and the first from several Quarters. But here I would serve you again, so you must choose.
If I don't see you by the last of next m.° you mustn't expect it till next October.
As to the spring Ships or the Determination of points they must take their course, and we must go right forward in our Duty — they that observe the Winds and Clouds, will neither sow nor reap. "When the Ships arrive, doubtless the advices will be chequer'd and perhaps nothing definitive. But they'l go on lying and say it must be by the next — by the next — & so on: yet if upon the whole there is no proba- ble Hope of a peacefull session Don't let me come. I will do just as you agree among you. Think it and talk it closely and give me the Result by return of the Post, Because if I don't see an Assembly with you, I wou'd bind myself to the Dispatch of some necessary aff'airs here.
How come you to have the Honour of supporting the Pall — Pray has the Vice Presidents Relict been yet to make his Compliments to Mrs. M ch.
The B B's Pr — st is a jolly Fellow. I hear he stood Kick and Cuff upon the Road with some Swampeers.
I am always
Your Friend & Servant
Boston Janu^ 27, 1734-5 J. Belcher.
Mr. Secry Waldron.
No. 12. [Extract.] Sir—
" By a Ship to New- York from London.I have to the 18"^ Nov"" but nothing new, so can't say what Turn the Line will take, but Tom- linson seems to have a Flank upon Wilks, by the Submission the latter came into so inadvertently at the Board of Trade. Sancho's man's Letter pr King, I believe was of no great moment, but perhaps he will now have Letters by the York Ship, & if any thing they judge proper for the Trumpet, you'll hear it.
" Mr. Pst — m — r must be humoured & kept honest. King's a clever Fellow & seems to be more of a Hero than formerly, & has a consider- able low thought of R' — ndge. I have no doubt but Tomlinson, as well as my brother & Son will push for a hearing, that we may know the Decision pr the ships the next month; what it will be I am not able to say, but its' best you be prepar'd for the worst. The Gazette will tell you how forward the Peace is.
Boston, I am, Sir
Februy 16"^ 1735-6. You servant
J. Belcher.
If Coll. W — st — br — k could proceed this Summer, I believe it might be to his own & your advantage in more respects then one.
Mr. Secy Waldron.
No. 13. From Gov'' 7' Belcher- to Sec'y Waldron. Sir —
Your several Letters of IS"*, 10* and 20'^ present lye before me, methinks P — g — m made a short stay with his Friend. It slipt my
BELCHER CORRESPONDENCE. 879
thoughts, or I should have given you and Coll. H. orders to have sworn him, but its no great matter.
If it be as you heard, I think Dr. Rogers has play'd his Cards well. If Lord W — Id — is gone to George's, perhaps he'll think he lias play'd the Fool, when he comes back. I fancy he'll find that affair grow- more heavy and burdensome every Day.
If some of your Line Wretches had one about their Necks, it would be but a piece of Justice they richly deserve from the Province. I look upon that matter at an End upon the present Footing: and pray which of "em is Politician enough to know what to do nextV IIow barbarous would it be for the People of your Province to be burden'd with Taxes, to pay the charge of their vile management!
I have prorogued this Assembly to 2U"' of Ocf nor do I suppose they'll sit then. As to making a Visit your way, whenever you think it may be worth while, I'll come.
I am heartily sorry to hear the Sickness is renew'd among you, and that your Son Richard is down with it. I pray God to recover him, and to take all your good Family into his merciful care. Boston I am, Good Sir
August 23<i, 1736. Your Friend and Servant
Mr, Secy Waldron. J. Belcher.
No. 14. Gov'r Belcher to Lt. Gov'r Dunbar. Sir- Mr. AV'^aldo brought me yours of 20"^ present and I wish I could omit remarking on your presuming to blot Packets with your Scrolls, direct(?d on his Majesty's Especial service to the Gov'': by what means you intercepted these Packets you best know, I assure you I take no notice of the copy of one you have sent me ; but now demand of you the original, if there be such an one, for you must excuse me from giving any Faith to your attestations ; but if I should, yet you have nothing to do with Packets primarily directed to me for the King's service, while I am either at Massachusetts or New Hampshire. Sure you can't be so silly and ignorant as to think the Direction on a Letter can countermand the Royal Hand and Seal.
I heard you had some time since a Letter directed — To his Excell'?/ David Dunbar, Esq. Gov'r cVc. which I suppose you took as a gross affront upon you, tho' I heard you said upon it — you have rec'd a Let- ter worth £600, a year. This I did'nt wonder at neither. These little thin artifices you find are not to be practic'd with me — and why do you worry yourself? Since I told you years ago that nothing less than the P.oyal Hand, that gave me my authority, should take it from me, & should I be in any other way of thinking, I should highly abuse the goodness & Honour his Majesty does me, & justly forfeit the Trust he has repos'd in me.
You say you certainly imbark this week, but I am told the gout has got hold of your Toe, I hope you won't let it prevail to stop your \talkt of) voyage : I say tliis, because I found in yours to me of Doc"" last, you were willing I should have hindered it. And I took the main Design of your humble Complaint to the House of Repres''* of New Hampshire against the GoV to be, that they might desire you to stay, instead of which you doubtless thought 'cm very uucomplaisant upon the offers of your service saying, If you believe I can do amjthinrj to
880 PROVINCE OF NEW-HAMPSHIRE.
serve your Interest in England^ ^' loill he pleas\l to tell me wherein, you will find a grateful Return from me ; — that they should think you uot capable of doing any thing to serve their Interest, which appears in their lean answer: — To Tliank his Honour for his kind offer. Methinks they might have wish'd you a good voyage, but perhaps they did'nt believe you was going; yet you have carry'd the jest so far, that I don't see how you can well avoid it.
You don't want the Province's nor ray good Wishes for their happy Riddance, but I have had so many Letters from you in six years past, saying, You was resolv'd to go home, go home, that 1 shall not believe it, till some vessell tells me, they have met you to the Eastward of St. George's.
Boston, J. B. (Copy.)
April 25"^ 1737.
Lieut. Gov"' Dunbar.
No. 15. Sir — From Gov'r Belcher to Sec^y Waldron.
I have your alive Letter of 29*^ ult. pr Post. As to your new Bills, the v/ay to know whether they'll pass, is, to make Dispatch in getting them out ; the sooner that's done, the more readily they'll obtain a currency, and which I think nobody need trouble themselves about. I am glad the first sett of the Copies will be here tomorrow The Pr-t-nd-r will certainly be a long pending affair, & full of charge.
I take a particular Notice of the whole Farce play'd off by Scorra- moncho last We'nsday. R — dge is a Rascal, G — tts a Scoundrel, the Turner a Weathercock, a Fool, hardly worth notice, the Loon & the Ape are very impudent, old H. is a compound of Ignorance, Jealousy & Brittleness, so one must be wise to keep him steady, — Since things happened as they did, its well he went, for Sancho was near his Point: if they had been all alike brave with Coll. Jo. and D-nu-t, & have done as you directed, it had been better. G-mb-ng is knowing and honest, and its well he went. Don't you know five is a Quorum of the Council in ordinary, & even three in extraordinary cases ? I wonder he does'nt try this Experiment, because he may always have four. I hope the T-nn-r (^) holds right & steady. As to calling the Assembly, you may depend he has no authority from home about it,
not but that T may write him to venture upon it, but you must
watch their Waters, and timely issue the Preventer.
I thank you for handing along the Dose I sent hira pr the Post, it was exactly tim'd. I hope he'll read it to the Priest, & the rest of his minions. I much approve your Answers to his Epistle & Sumons but pray send him no more copies of any thing, 'till he pays you, its enough to say your hands are full at present with the Gov" Commands. I am fully perswaded he never yet intended to go, but if he should I shall attribute it intirely to the strong Doses administered to him last week, that have made such a Ferment in his Bowels, & even in his Brains, as to throw him into a downright Dementation.
If he vamps, shouln't some rough Game have a Hint (as wisely as possible) to make out some Tokens of Joy & Contempt. Boston I am, Sir
May 2<i 1737. Your Hearty Friend
Mr. Secy Waldron. J. Belcher.
(1) Perhaps the Governor refers to lion. Wm. Parker, who, in his youth, was a tanner in Portsmouth, but afterward was a lawyer, register of I'robate, Judge of Admiralty and held other oflices. Ed.
INDE
[XoTE The Index, which follows, is desipned to conlain the name of every person mentioned in tliis fourth volume. The olticers of government, as Governor, Lieut. Governor, and Councilors, are put in small CAPiTALe, but not otherwise referred to, except as performing some assigned duty. The word pasnim indicates that a name is found very often in tlie volume, and need not, therefore, be repeatedly noted. Besides names, the Index, it will be seen, contains reference to al! the leading matters in the volume, and should therefore be carelullv consulted. The Editor has aimed to be accu- rate, but .still fears that errors may be discovered.
When a name occurs more than once on a page, or on two pages in the same connec- tion, it is not generally repeated in the Index. Ki).
A
Abbott, Samuel 503
Acts, passed, 60, 76. 95: triennial, 127; 139, 145; 147, lfi7 ; printed, 203, 2U5, 239, 251 ; 288. 294; marriages, births, &c., 473 ; 550, 557 ; powder-money, 608; for supply of the Treasury, 693, 695, 722, 772. Adams, Hugh, Rev., 21, 171, 192, 195; book, 400; 412, 540, 543, 747.
3Ir 780
Joseph. Rev 21
Addison, J 587
Address to his Majesty, 85, 208, 258, 348, 349, 419, 426, 584, 613 ; 663, 770.
to the Gov'r 636,641
Aikan, John 728
Akerman, Beuj.,32, 52, 97, 142, 174, 203, 230, 24S, 280, 304. 313, 326, 357, 416, 436, 451, 466, 497, 500, 507, 545, 571, 593, 619, 658, 698, 723, 760.
Alden, John 256
Thom. 69, 150; Dr. 156, 198, 340, 414.
Allen, Samuel 28, 42 ; Col. 239
Thomas 434, 541
Wni., Rev 21
Mr., children of 824
Allison, Samuel 300
Almory, Robert 076; George. 811
Amazeen, Chris 503
Amory 3
Ambler, John, 582, 622, 638, 664, 704, 731, 766
Anderson, Jno 300
Anne.-segontacook 457
Annexation of X. H. to 3Iass 498
Appleton, Henry 9
William 9
Apthori), Charles 853
Argomuct, Indian IT
Arresagontacok tribe 257
Armstrong, Lawrence 190
Rob't 5, 14
Arowsiek CI, 71, 341
Ashe, Edw 850
Ashlev, .John 503
Assembly, dissolved 44. 260, 585. 667
prorogued, 40, 77, 80, 87, 127, 145, 163,
239. triennial, 114; pay for services, 242; new called, 260: triennial, 263,866; 464: 629; 680. 713. 773, 825. 829. 832. Atkinson. Tiieo., Com'r, 9, 11, il, 45, 74, 77. 100. pa.tsim—U^. 169, 173, 176, 194. 211, 219, 220, 2.36, 251, 260, 282, 294 ; Rep. 320, 342, 356. 360, 369, 3S7, 404, 407, 433. 455, 465, 467, 503, 507, 554, 586, 628, 637, 647. 652. 650. 665, 668. 671, 674; of the Coun- cil, 705, 720, 771, 794, 802, 80n.
Auchmutv. Robert 110, 126, 138
Ayres. Edward, 103, 125, 374
Jno 230
B
Bab, Josh 143.384
Bacon, Devereaux _•_■ -227
Baker, Christina 677, 689
Bane, Capt. Jo.s 17; Mr. 104,256
56
Bar, Gabriel 300
John 297, 299,300
Sam'I 300
Barnet, John 300
882
INDEX.
Barna, Andrew 8
Tho's .8
Barnstead 5oti
BarriDgton 40, 222, 244, 431
Barton, Stephen 605, 608, 780
Batchelour.-', The 244
Stephen 498, 501, 766
Batson, John 503
Beard. Jos. Lt 08, 97, 98, 117, 139, 357
Bell, IJenjamin 503
C. H 648
Meshech 503
Thomas 503
Bellman, A 93, 99,353
BEi.cfiEU, Jonathan, Gov., 504, 531, 558.
Administration, ^61, passim— Speech, 5(32; salary, 570, 572; 578, 590, 600, 614, 616, 624, 629, 630, 644, 645, 648, 662; order, 668; letter, 670, 698, 713, 730, 757; salary, 760, 794, 843, 846, 860. 868.
Bennick, Abraham 140
Berkly, Dean 837, 842
Berry', Thomas 256
Berwick 53
Bethell, Mr 846
Bickford, petition 813, 815
Lemuel 818, 821
Bills of Credit, 35, 39; old, 72, 74, 76, 157, 162; 175, 194; burnt, 195, 196, 201, 206; plates for, 217; 222, 278, 317, 318,412,438.
Black Books 739, 741, 746
Bhidon, Col 834,848, 850, 854.
Blake, Moses 829
Timothy 185, 404
Blunt, Kev. Mr 824
Block house 330, 332
Bold or Boyd, John 728; jun., 728
Bonds, brought in, 300, 622, 689, 717
Boston 429, 531
Bounty 356
Bourne, Richard 256
Bowen, Capt. Wm 13
Bowdrey, Edward 503
Boyce or Boyes, Robt., 299,647; Rep., 671, 681, 701, 715, 725, 731, 795, 797, 800, 803, 806, 817, 818, 829, 832.
Bovlston, Dr 225
Bradford, Matthew 672, 675, 804, 806
Branscome, IVilliam 503
Bridgeman, Orlo 850, 854
Brown, Arthur, Kev., 650, 837, 841, 842, 845, 846, 847, 851.
Mrs. Mary 110
John 737, 823
Jos 765, 791, 805
Samuel 728
Bufford, Lemuel 813
Burnet, William, Gov., 17; commis- sion, oaths, 18, 261, 264, 277, 278, 288, 293, 308, 482. 483, 489; admin- istration of, 504-558, 513, 514, 528; speech, 534; salarv, 539, 542,546, 554; death, 555,564'
Burnham, Robert 140
Burning of Secretary AValdrou's Oflice, 713 Butler, Col 848
c
Cadogain, Lord 147
Calwell, Thomas 728
William 728
Camjibell, James 728
Robert 728
Canada, 398, 401, 404; captives in. 161, 176, 181.
Cargel, David , 244
Card, John 503
John, 2d 503
C.irder, SamueK ■ 503
Carswell, John 728
William 728
Casco, 17; bay, 190; treaty at, 205, 254,
457, 458. Gate, James 83
Uea. J no 13 ; Mr., 235, 410
Cates, Edward 42, 319
Centinels' wages 327
Chadwick, James 503
James 2d 503
('hamberlain, William 798
Clieslev, Joseph, 92, 94; Capt., 199, 352, 353, 354, 672, 676, 804, 807, 808.
Jona 98, 123, 169, 398, 681, 6_S6
John 357
Chester, 14; charter. 40; garrison, 138; 235 ; petition, 727, 731, 744, 817, 829.
Chichester 778, 789
Clarkson, Jam<^s, 628,642; Rep., 646,671, 676,i>rt.'?.sim.— 681, 686, 700, 709, 715, 716. 7.35, 791, 803. Clark, Abiah 105
Abraham 199, 393
Clark, Ann, Mrs., ^42
Benjamin 503
357
James 725
John 97, 143, 384, 503
Matthew 198, 414
Sarah 43
AVard, Rev 21
Clerk, Samuel 503; widow, 503
Clendinon, Arch'd 300
Coates, Robert, 31, 55, 97, 141, 357, 378, 446
Cochecho River 27, 39, 41; 551
Cod rincton. Col 574
Coffin, Eliphalet 420, 422
I'eter 209,420
Tristram 420, 422
Colcord, Peter 155, 389, 393
Collins, Daniel 788; Capt. Collins, 834
Colman, Benj 543, 824
Commissioners to Canada, 163,169; to Lieut. Gov'r AVentworth, 289; 437; to determine Province lines, 721, 732, 742, 745; exceptions to deci- sion. 746, 749 ; meeting of, 854, 358. Commiins-town, 140, 141; commoners, .390
Connecticut 514, 574
Conner, Moses 118
Cook, Elisha 598; Mr. 833
Cooks, Francis 728
Correspondence between John Thom-
linson, Theod. Atkinson, etc., 833. 865 between Gov. Belcher, and Rich'd
AA^aldron and others, 866, 8,80
Cotton, Solomon 174,529, 556
INDEX.
883
CoBtraiu 239, 244 ] Crasey, "Widow
CouaterfeKing, penalty for, 117, IIS, 133, I Crusev, Jolm. . 169, 370.
Courts, where holden 440, 578. 773
Oourt-house 726, 733 ; 764, 771
(^)\vell, Joseph 8
Cradwick, .lohn 503
Crafford. William 728 ! Cut, John
erase, Alexd 728 , Cutt
.503
Andrew.
David 728
Cross. Eliza. Jlrs 496, 606; 780
Crossett. James 728
Crosby, Duct. John lOl, 361
Curbeson or Culber.-on, Jolin 507, 545
Cusliiux, Jona., Kev 21
18,33,250,266
461
Kobert 9
D
Daine, Henry 503
Dam or Dame, Elnatlian 424
Mr 24
John, Rep 309
William 628
Daniels, William 779
Davis, Ben 312
Daniel 49
Eleazer 415
Col 2
James, 13, 21, 26, 35, 38, 45: Rep. pas- sim—iS, 53, 57, 59, 68, 69, 97, 154, 158, 180, 243, 309, 311, 314, 317, 340, 355, 357, 395.
John 92
Tho's 166,174
Tirao 280, 807, 466, 473, 501
Dayen, Robert 728
Dean, Thomas 768
Dearborn, John 804
Debts, Province 34, 315, 430
Delafave, Mr 147
Denbow, Salathiel 581, 723, 769
Denxet, EPH..21, 26,31, 45, bS, passim— 77, 101, 192, 219, 238, 242, 260, 265, 267, 278. 282. 309, 317 : Rep. 320, 428, 466, 467, 472, 513, 556, 628, 652; Council, 672.
Derry 13
Deserters 313
Dickey, John 728
Diverre, Win 230
Dockam, Heuja 461
Donnils, Wm 605
Dorkam, John 312
Dover, 6, 13; petition, 27, 39. 44; gram- mar school, 55, 56, 83. 102, 125, 131, 239 ; 320, 328, 361 ; bridge, 379, 420, 423, 430, 470, 497, 506. 516, 524, 629, 6-37, 551, 554; town book, 766, 767, 778, 780. 782, 784. Downinc, (apt. John, 21, 45, 89, 92, 101, m.Vii, jmssim—m, 134, 282; Rep. 321; juu.353.
Dudley, Cov 511. 5?9; Co].br.O, 775
Dl'ke of Kew Castle, 607, 609; letter to,
610. DUMMER, Lt. Gov. 17, 169, 205, 213; Mr.
225; 424, 457. DuxBAK, Col. David, 568, 599; Com'n, 600, 606, 624, 645, 669, 670, 678, 723. 725, 730, 833, 840, 848, 860, 864, 868- 879.
Duncan. Geo 701, 811
Dunstable, 522, 549
Durham, a I'arish, 618, 620, 784, 785
E
Eastman or Easman, Ebenezer.507, .538, 504 Sam'l, 45; Rep. ,50, 101, 113, 121, 171, 309, passim— UO; dec'd, 420.
East wicke, Stephen, 256
Capt 847
Edgecome, .Tohn 503
Eggleston, 840; Capt.
Election, triennial. ..91, 96, 112, 114, 115, 117
Ellice, Widow 503
Elkins. Sam'l 214, 424
Ehvord, Thomas 503
Emerson, Dan'l 312: Mr. 7S9
Mary 656 ; Mrs. 800, 802, 807
Emery, Sam'l 8
f^tates and polls— value 304
Evans, Edw 49
Excise, 192 : vote regulating, 368, 410, 41 7.
528, 548, 619. Exeter, 6. 13, 14. 125, 131, 235, 239, 262,
267, 340, 379, 430, 468, 497; riot at,
678, 841, 843, 845. Expresses 33, 314
F
Fabyan, Jno 92, 108
Fairs, annual 805
Falmouth 424
Farmer, .John 560
Fast, Publick 10, 14, 38
Fav, DoLa. Mr 107
Fellows, Kath'l 21
Wm.21.45, 49. 51,pa.5si?ra— 66, 70, 77, 84. 89. 99, 1.59, 161, 174, 191, 220,230, 2.38, 242; Rep. 320; 357, 309, 4'-5, 471, 571, 760.
Fish, curing and cutting 120, 124, 371
Fitch, Jabez, Rev 21; Mr. 2.30
Jno 256, 413
Follet, Renj 259, 461
Fones, Capt 8.52
Footman, John 165.393
Fort Wm. & Slary, 55, 61, 63, 75. 90. 94,
97, no, 128, 142, 161, 187, 240, 247,
294, ;i43. .3.52, 353, 354, 378, 383, 397.
437, 441. 445, 449. 4.56, 547, 580, 593,
637, 658, C86, 719, 792, 819.
884
INDEX.
Foss, Zacbeus 503
Fowel, Rickard 503
Franklin, Benjamin 2
Frederick, Cliiis 503
French, The 213
French, Samuel 214, 424
Fro8t, Carter 503
Frost, John, of the Council, i,passi7n —
Frost, John, P, 8, 18, 21, 95, 102, 142, 150, 174, 219, 238, 307, 384, 351, 378, 408, 424, 433, 501, 503, 543.
Maj. Charles 4, 543
xSicholas 4
Samuel 503
William 503
Fuller, James 765
G
(Jallaway, Mr 847
Gambling, Benj., 6, 10, 22, 31, 45, 98, 141, 185,250, 2i30, 266,267, 281; sherilV, 282, 294, 304, 313, 3o7, 360, 381, 3S4, 3><8, 405, 423, 431, 456, 460, 465, 467 ; Kep. 500, 586, 880.
Garrisons ordered, 331, 332
Gatchell, Moses 312
Gerrish, Capt. 2; Paul, 21, 199, 212, 242, 260, 274, 282, 288, 291, 423, 467 ; Kep. 481; Maj. 510, 554, pas*-m— 581,618, 646, 058, 671, 681, 691, 7o0, 715, 716, 766, 796, 804. 816, 869. Timothy, 45, 48, 55, 57, 59, 68, 138, 314, 340, 376, 382.
Richard, Capt 300, 465
Gilman, Carle 616
John, 21, 25, 26, 35, Esq. 45, 68, 159, 163, 170, 219. 314, 319; Rep., 320, pas.-iim—2i(), 447, 823. Capt. John, 45 ; Maj. 47, 68, S3, 91. 93, 95, 97, lOl, 113, 119, 143, 149, 166, ISO, 193, 196, 199, 211, 247, 299, 311, 314, 319; Rep., 320, passim— Si\, 357, 359, 386, 387, 395, 407, 424, 447, 511.
Nathaniel 715, 816
Kich 21, 25, 40, 628
I'eter, Capt., 647;'Kep. 671, 681,715, 803, 816.
Samuel 678, 700
Coll 869, 872
Gilmanton 556, 823
(jlen, Thomas 728
Glidden. Andr 165, 393, 408
Joua 215, 424
Goal-Keeper, 236; 298,302; jail, 381, 686; repairs, 726.
Goffe, John 21, 524, 551
Jun. 676, 690, 725, 814, 817, 821, 822.
Colston, Ralph 15
Goodin, George 312
Gookin, Nath'l, Rev 21
Gove, John 675, 676, 807
Gosport, 142, 214, 306, 378, 424, 501, 623
Graham, Robert 728
David 728
Grammar Schools, 154; Dover, 328. 330, 391; New Castle, 414; Londonder- ry, 473.
Granden, Clement 503
Graves, Samuel, 592, 593, 675, 776,778,806, 800.
Greele, And'w Ill
Peter 598
Grep, James 299, 700, 810
Green, l^aac 51. 314, 326, 327
Greenland, 42, 93, 131 ; parisli. 172; peti- tion, 204, 208, 239, 353, 379, 410, 497, .527. 618, 766, 785. Greenhnif, Steplien. 166, 230, 248, 403, 451, 462, 507, 545, 606, 619, 658, 691, 723. Grcenough, Capt., 24, 31; Dau'l, 36, 311, 316, 326, 329, S34, 503.
Griffiths, Jno 230, 250, 357, 456, 466
Grims, Robert 728
Grunday , John 97
Gunpowder, duty on, 69, 72, 446; firing guns, 89. 92, 130, 3.52.
Guns, carried to meeting 3S3
Guppy, James 70
Gyles, John 256
H
Haines. Matthias 628
Hale, Rev. Mr 727
Hall, Edward 262. 314, 428
Doctor 424 : 700, 709, 813
Hamet, Timmas 507, 545
Hampton and llami)ton Falls, 13, 141; petition, 1.53. 156; Falls, 206, 20S, 226, 239, 2ti7, 314, 340, 890, 394; Snuth Parish, 418. 430, 433, 453, 497, 501, 518, 527, 544, 617, 632, 672, 675, 689, 703, 737, 738, 765, 783, 789, 811. 821, 826, 831, 854, 8.58.
Hanson, Eliza 672, 676
llarturd, Nicholas 102, 628
Hartford, Mr 791
Harmon, Johnson 256
Hart. Sam'l 236, 442. .509, 676
Capt 704, 718, 807, 81J
Harvcv. Mr. 15: Thomas, 198, 2S0, 414, 462, 466, 526, 554, 658. Peter 503
Hatfield 372
Haverill 507, 592, 675
Haves, John 70
Haynes, Mr 791, 792
Hazen, Richard, jun., 507, 538, 540
Heath, Joseph 256
Memp and Fla.x 691, 692, 724
Herd, Tristum, 199
Hewitt, Capt 851, 853
Hewston, ,Ioser>h 84
Hickey, Samuel 503
Highway surveyors 96
Hill. Nath'l, Capt 174, 185, 404, 405
Wm 49, 69, 70. 105, 398. 725. 819
Hilton, Richard 110, 126, 133; Mr., 366
Samuel 185, 199,404
Hilton's Point 592. 776
Hobby, Sir Charles 434
John 226, 227, 229 ; 434, 436
Hogs 114, 126, 367
Homans, 848
INDEX.
885
Hooker, John 8 i Hues', — 638 ; money, 604 ; estate, 704
Hopsou, Capt 8G7 Humphreys, Doct 847
House, Court 222, 430 Hu^•KI^■G, Mark, of the Council, 1,
State 430 passim— i, 21,28, 31,35,67, 59; re-
Hubbard, John 503 corder, 76.77,79, 119; 150,174,181,
Hughes, Clement, 64, 98, 142,184, £80, 215,299; 344,346.
357, 377, 383, 406, 429, 454, 466, 477, Huske, Ki.lis, Capt., 795; of thj Coun- 507,546,731. I cil, j;aisjm— 796, 799, 875.
Impressing men 43, 56
money 289, 298 ; 319
Indioot or Endicot tree 741
Indians, Eastern, 6. 17 ; war, 46, 50, 52, 54, 93, 96, 101, 105, 1-33; scalp, 140, 169; treaty with, 188-190, 252, 253- 258; names of chiefs, 190; allow- ance for, 210 ; 211, 212, 219 ; names, 256-258; trade witb, 287. 294; 314; war declared. 322; volunteers in, 329, 356: 378, 385, 392; Imnal, 396; peace. 407; at Boston, 409, 420, 424, 429, 457, 459.
Inferior Court of Common Pleas 430
Ingalls, 22; Sam'l, 138, 139, 728
Instructions for Com'r, 52, .54; Gov'rs, 113; 126; lor Agent, 220; lor Com., 326, 328; for Gov'r, 535, 541,564, 568, 758, 760, 788.
Interest paid to be indorsed 362
Inventory of Stores, 447; of towns, 451, 499
Ipswich 592, 617
Islington, 42
Jacobs, Daniel • 312
Mr 840
Jackson, Jo-^^eph 442, 5<"'3
Thomas 503
Jaffrey, Cyprian, 230, 244, 256, 740, 741
David 86
Geo., of the Council, 2, passim — 18, 21, 25, 28, 31, 35, 68, 77, 84, 85, 119, lt)3, 170, 181, 211, 219, 221; Treas-r, 2.33, 253, 299, .349, 360, 376, 377, 465, 586, 609, 652, 691. James, Clerkof Assembly, 21, 77,98, 121, pao.s/Hi— 158, 194, 230, 280, 323; oath, 325; a57, 360, 412, 425, 466, 466, 507, 513, 554, 586, 588, 606, 619, 629, 671, 693, 716, 766.
James, Abigail 779
Jeuks or Jencks, Jos 577, 586, 649
.Tennes, Rich., 21, passim— 260. 282, 291 ; Kep., 432, 433, 434, 467, 628, 647, 671, 6S1, 700, 715.
Jolly, Luke 503
Joans, Mr 840
Jones, Daniel 503
Jeremiah 503
Jno 8
Joseijli 525, 651, 594, 777; Mr. 853
Ste])lieii 784
Thomas 503
Wm 165, 393, 503
Jordan, Kich'd 139, 503
Sam 256
.lurors 231
Jury, double 437, 443
Justices, (jualitications 8
K
Karr, John 728
Kelly, William ,503
Kenistone, John 312
Keys, Natli'l 569
Killing deer 661 , 653
King William 131, 1.39
GeokgeII 460, 600
Geoiige I, death of 462
King, Capt. 629
Kensington, par 739,
Kingstown or Kingston, 13, 110,
141, 1.53, 2.38, 364, 365, 379,
420 423, 455, 520, 523, 548,
617, 6.32, 783, 789. Knight, John, 21; Capt.. 68,92,
180, 2.34, 261, 273, 274, 353,
467, 516. Knocks, liobert
828, 829 , 131, .394, 592,
143,
440,
728
L
Ladd, Ji!0., 63, 64; Lt., 71, 98, 118, 312;
Mr., 357.
Xath'l 166, 199
Lamprey, Benj.. ..166, 185, 404, 498, 501, 791 Laiiiprev river, 5, 27, 39; bridge, 102,
103, 114, 124, 361. 374. Land-titles 442, 476
Lang, Nalhl 201, 415
Langdon, William .503
l.aiigley. James 98, 357
Langm'aid. Henry 503
J ostph 503
■Samuel 503
Lary. Jei emiah S3
886
INDEX.
Laws, to be priufed, 43; supervised, 115, 122; repealed. 216. 366, 372, 425; pleadable, 439; revising, 491 ; 583; boiindarv, 585.
Leach, Elijah." 503
Lear, .John 503
Tobias 503
Tobias, 2d 5u3
Leavit or Levit, Benja 143, 364
James 166
Thomas 109,111, 112
Leigh, Thomas 503
Leighton, Tobias 798, 799
Letter of Henry Newman 146
of Gov. Belcher 648
Lewis, Job 256
Libby, Benj 8
Jere 619, 658, 693, 723
Libel 273
License to sell liquors, 67, 76, 336; beer,
&c., 442, 454. Line between the Provinces, 147, 206, 220, 226, 226, 230, 395, 427, 431, 437,
Line between the Provinces —
440. 510, 516, 520, 538, 540. 547, 568, —832; 579, 585; 590, 594; Com., 598, 603, 604. 608, 611; lawsuits, 641, 648, 649, 654; 702, 719, 723. 737, 740, 741 ; 746—756, 830, 839.
Livermore, Matthew 823, 824, 832.
Lock, Francis 765, 777
Joseph 191. 208
Londonderry, 2, 13J; 172; petition of, 208, 209, 246, 268, 279, 297, 299; agreement, 300, 305, 379, 400, 419, 446; tax, 450, 4.52, 468,483, 495,497, 519, 524. 53S, 541, 564; linens, 596, 617, 676; 701, 717, 731, 735, 811,812, 821, (323.
Long, Pierse 503
Longfellow, Constable, 37; Nathan, 111, 363
Loron, Indian 205
Lovewell, Capt. John 168. 169, 174, 192
Lovell. Elijah ' 503
Lunt. Daniel 14; Mr. 235
Lydall, John 574
M
Mc aferson, James 728
Paul 728
Samuel 728
William 728
Mace, Andrew ,503
Reuben 503
Keuben. 2d 503
Mac Keen, James, 21, 261 ; Rep., 267, 268, 274, 279, 291, 467, 468, 473, 505, pas- sim—b\9, 538. Mac Murphy, .Fohn. . 299, 588, 628, 785, 814 Mac Ph.\edris, Atich., of the Council, 2, ^ffl.s.sMre— 8, IS, 21, 42, 109, 115. 153, 175, 847. Majesty His, safe, 213; address to, 221. Georire II, 261.
Slaker, William 503
Malloone, Samuel 312
Mandamus 629, 665
Mannery, Tho's 7, 8, 503
Marden. Steven 503
William 503
Maquas or Mohawks 60, 62
Marriages 832
Marshall, Henry 444, 503
JLirston, Jos 765; Tho's, 777
Marlin, Immanuel 8
Edward 503
John ,503
Maseareue, Paul 190; Mai., 569
JIassach iisetts 163, 426, 476, 514
Mathes, Benja 798
Francis 21; Capt., 68
or Mathews, 140, 282, 284, 503, 513, 628, 762, 775, 791.
Peter 503
Samuel 503
Mattleberry, Enoch 503
Jleader, John 703, 811
Meed, John 166, 721
or Mead, Joseph ..377, 465, 721
Memorial of the Representatives. 24; answer to, 25,310; to his majesty, 479, 747.
Merrvmack river. 522, 549, 736, 738, 743, "827, 828; name of, 839.
Message from the Council 643
from the G ov 644, 662, 655
Millet, Thomas. 588. 592. 618. 646; Rep.,
671. 672; 681, 686, 700, 715, 776, 796.
Miller, Bridget 43
Mills, John 728;jun., 728
Robert 728
Ministers of the do.spel, 154. 169, 172,
173, 192. 195; salarv, 226, 373;
choice of, 391,414, 4-34.
Minot, Stephen 2,56
Mitchel. David 503
Mogosoous 66, 338
Monev, to be imprest, 105; 2,32; burnt,
'2.37; signed, 2,38, 246, 250, 380; to
be burnt, 381; 406, 411, 415, 421,
4.35,441.442,445; raised, 490; 493,
494, 518, 607, 618, 633, 6.36, 639;
bonds renewed, 641, 643, 655, 659;
loan, 687, 75S, 771.
Moody, Capt 31, 313
Moor. Charles 728
AVm 108
Morphev, John 503
Moriil. Natirl, Rev 21. 837
Morrison, Jno ,300
James 300
Mortgages 383
Morton, Rev. Charles 18
Moses, Joseph 142, 383
Moulton, Dan'l 230
Ezekiel 132, .380
Jer 256
Jona 139, 383
Joseph 142, 2,30. 383
Mudgel, Jona 215
IMngget, .Toliu 424
Mui-rav, W 750
Muster Rolls, 68, 69, 71, 72, 165, 166, 191,
199, 218.
INDEX.
887
N
Kames of Rep's, 628, 646, 671, 681, 700,
715, 773, 808, 816.
Nansoinoiid, (Vir.) 9
Kanigausack 457
Ned, Josiali, an Indian 252,458
Neale or Xeel, Richard 503. 606
Negroes, serviee 442; value, 450, 616, 617
Neridgwock ; 25S
Newbury 599, 603, 604. 605. 609, 611, 779
New Castle, 42, 208, 218, 239, 335, 386, 388,
414, 424, 427, 432, 497 ; tax payers,
503, 675, 682.
New Hampshire, 1730 532
Newington, 92, 93, 108, 131,239, 379, 628;
petition, 7.36, 738, 824, 820.
Newitchwanock river 7-36, 737, 740, 827
Newman, Mr., 29; agent, letter to, 30,
37, 39; 100, 107,ll0, 110, 117, 126,
Newman, Mr. —
128, 146, 156, 168, 173, 187, 220, 224, 225, 2a3, 235, 240, 249, 264, 281, 297, 316, 317, .364, 374, 39s, 42ii; instriict- tions to, 431, 433. 440, 441,447, 455, 472, 484, 490, 521, 523, .547, 693, 723. Newmarsh, John, 142, 24S, 307, 383, 452,
501, 582, 606, 768, 780. Newmarket. 262; a par., 469, 470, 623, 737, 738, 739, 827, 828, 829.
Nichols, W'm 300
Kill, Joseph 728
Noble, Tho 2.30
Capt 833
Nock, James 97, 117, 357
Norris, Moses 165, 215, 393, 398, 424
Norton, Josli 215, 424
Nottingham 40, 42, 633, 652, 782, 791
o
Oaths, form of, 19, 20: adm'd. 201, 320, 4SS , Officers' wages. Odiokxe, Jotham, Esq., 8, 9: of the i
Council, 10, ijassim— IS, 21, 31, 40,
45, 57, 84, 95, 101, 123 ; petition, 139,
143, 174, 309; Rep., 320, 329, 334,
385, 377; Council, 386; 433, 503,
715; jun., 816. '
John 503
John, 2d 503
Odiin, John, Rev 21
63 Oliver, Mr.
Ommeway 457
Orders of the House, 322; to wear a
sword, 323; of Gov'r, 624.
Ossipee or Ossaby 53, 169
Otis, Capt. Richards 677
Oyster river, 524, 604, 617; a parisli, 618,
620, 782, 784.
Packer, Tho's, of the Council, 1, pas- sim—b: Col. 32, 74, 77, 97, 133, 136; petition, 197, 313; 352,357; dec'd, 379 ; 506, 518, 519, 528, 544, 547, 555, 631, 647, 681, 687, 700, 703, 715, 796; Rep. 816.
William 12
Paine, Nath'l 256
Palmer, Chris 498. 501
Samuel, 628; Rep. 646, 671, 681, 700, 715, 797.
Papers, sent to England 613
Paragraph from Oov. Ijelcher's Com- mission, 683
Paris, Mr 669, 860,861
Parker, i'.enj 503
Thomas 503
AVilliam, jun.,. .698; clerk, 736, 817, 827
Parrv, Ferd. John 612
Partridge, Jlr 669
Peirce or Pearse, George 98, 357
Peter 9
Peikce, Joshua, 13, 21, 31,38; register, 89: 174,282; speaker, 309, .317, 466, 508, 510, 511, passm— 538, 578 ; rec. of deeds, 619, 629, 632, 639, 647, 651, 665; jun., 681, 682, 686. Joseph, Dr. 192; 691; 700, 719, 723, 767, 771.
Peacock, John 174, 218, 230, 428
Pearson, Jethro 357
Pelham, T 8.50, 854
Pemaquid, 424, 599, 626
Pexhallow, Sam'l, 2; of the Coun- cil,—pa.s-sjm—Treas., 6, 18, 28, 31, 33, 44, 67, 79, 85, 108, 128, 155, 170, 177, 181, 237. 315, 343, 360, 377, 393, 402; Mrs. 812. John, Capt. 61, 63, 64, 70, 71, 75, ,312, 313, 341, 342, 465, 521, 522, 647, 619, 656. Pennacook or Penny-cook, 11, 12, 206, 220, 436, 839.
Penobscot, 257
Pepperill, Mary 4
Sir Wm 4, 543
Perole, William 503
Perry, Richard, 97, 142, 230, 279, 357, 378, 466, 503, 507, 528, 545, 554, 556,
593, 637, 723.
Person, Jethro 97
Pest-liouse, 723
Petterson or Patterson, Wm 728
Phillips, Adolph, 469, 573, 574,577,586.
594, 649.
Hen rv 256
Phipi)s, Mr 3, 15
Tho's 640, 780, 793, 813
Philpot, James 503
Piekwakett or Pigwocket, 53, ]69
Pike, Robert 842, 848
Pillory 726
Pime wasset or Pomigewasset river 744
Pirate vessel 2
Plaisted, Elisha 775
II. yi 775
888
INDEX.
riaisted—
Col. 6; John, 45, 77, 95, 103, 122, 125, 143, 159, 161, 174, 181, 194, '217, 238, 268, 299; Kep. 320, passim— speak- er, 363, 374; 387, 409; 444, 454, 514, 607, 640, 656, 775 (uote), 793.
Roger, Lt 775
Sarah, Mrs 775
Plates for nioiiev, 268, 427, 733
Pliimer, R .' 850, 854, 864
Polls— value at, 304, 499
Pomlrev, Joseph 414
Portsmouth, petition, 29, 42, 93, 113, 115, 128, 127, 208, 267, 319, 340, 353, 367, 391, 410, 430, 497, 527; Epis. Ch. 650; South Par., 737, 769,824; 845.
Popple, Win 28; sec'y, 146
Porresine 457
Postmaster 103, 361, 501
I'owell, Johu 728
William 312, 728
Presbyterians of Chester 727, 831, 8S2
Prince of Wales — pretender, 18
Prescott, Benja 543
John 393. 812
Jona 165 ; 736
Prison, old, 137, 382; to be built, 430; sold, 462; repaired, 495, 497, 609, 622, 686; 706.
Proclamation for Fast, 10, 14
for Thanksgiving 13, t8
Proportion to towns, 301, 305, 306
to slaves, 301, 305
Act to establish, 308; 381; 447,450, 454, 498, 500, 502, 530. Prorogued, 308, 345, 347, 375, 385, 386, 399, 487, 492, 550, 557, 613, 734.
Providence, R. 1 845
Pugh, Theophilus 9
Pryer, John 503
Pummery, a soldier, 163
Q
Quakers, petition, 637,592; law, 597, | Quen ton, James 728
776,812. I Queries, Answer to, 532; of Lt. Gov'r
Quarter Sessions, Court, 430,566 Dunbar, 646.
Queen Caroline, 660 I Quincy, John 256
R
Rand, Richard 312
Randell, Edward 603
.lames 503
Rawlins, Jno 214,424,639
Recoids of Council, 1
of deeds, 2, 15, 344; recorder choeen
ill tliree years, 346, 425; 508, 511.
Recrest, Robert 728
Redman, John, 45, 70, 105, 132, 141, 142,
226 ; Rep. 320, passim — dismissed,
463, 460.
Reed, Hugh 503
Phillip 503
Capt 847
Representatives, list of, 320; rules, 468;
484; message to Gov'r, 480, 489;
588; pay, 604.
Rhode Island 574,519, 574
Richards, Benja 818
Riot Act 276, 473, 474,477
at Exeter, 678, 841, 843,845
Rindge, Capt. John, 588, 591, 609, 612,
agent, 617, 644; Rep., 646, 650, 6.61 ;
6.V2, 663, 671, 672, 674, 677. ;Jrts.s/)?i— •
681, 687. 700, 705, 709, 716, 816 ; Mrs.
8.34; 835. Ring, Capt. 833; 846, 848, 857. Roberts, Axwell 104, 313, 314, 359
Roberts, Eph 25
John 97, 230
Jos 166, 393
Robinson, 3 ; John, 97, 2.30, 279, 357,
466, 606, 515, 628, 544, 654, 682, 768. Roby, Icliabod, Rep., 681, 682, 700, 701, 709.
Rochester 40. 244, 652, 798
Rogers, Rev. Mr 113. 317, 367; 775
Madam 529, 662 ; Dr.. 8
Shad 550
Rolfe, Benja 742
Doct. Nathaniel 681, 686, 691
Row, Robert 829
Rum, penalty for selling, 368, 374
Rumford, Count, 742; Sarali, 742
Russell, Eleazer, 203, 231, 307, 416, 437, 501, 530, 557, 606, 674, 693, 723, 810; Sheriff, 818. Rust, Beiij., 15, 218, 230. 248, 250, 275, 279, 280, 291, 428, 440, 451, 4.66, 466, 491, 519, 526, 547. 554, 571, 582, 619, 693, 723, 768, 769, 776, 788.
Henry, Rev 21, 158, 39G
Rvder, D 750
Rye, 423, 424, 427, 432, 434, 497, 501, 527,
544, 553, 554, 557, 567, 765, 831. Ryraes, Sam'l 461
s
Salisbury, 739
Salter. Jno. Capt., 7, 8, 503, 605, 779
.Sauborn, John, 21, 22, 45, 59, 63, 70, 101, passim— 129, 163, 166, 202, 282 ; Rep. 320, 467, 513, 628, 646, 671, 681, 700, 807.
Jona 165, 166, 218, .393, 415, 428
Tristram, 671; Rep., 715 816
Sanders, Robert 142. .378
Sandy Beach, 191, 204, 208, 212, 213. 217; petition, 409, 411, 414, 420, 423, 424.
Sargeant, Nath'l 21
Jacob 22
Scadgell, Chris 503
Scalps, bounty for 182, 331
Schiller, Coll, 60
INDEX.
889
Sclu)ol?, grammar, 154; iu Londonder- ry, 2GS, 391.
Scotton, Kich 9, 10
Scouts 154, 320, 393, 397, 398
Seal, now 535
Seignore, George 503
Shackford, Jno 234, 248
Sam'l 2:34, aiS. 440
Shannon, Morris 503
Shaw, John () 503, 606, 780
Sharpe, John 669
Sherburne, Hexrt, 15; of the Coun- cil, passim— 16, 18, 248; oath, 272; 360, 442, 451, 465, 529, 547, 556, 618, 033, 652, 656; jun., 792. Jo.sEPH, 652, 672, 795; of the Council, passim.
John, Lt., 68, 260, 503, 507, 545
Sam'l 244, 2.50, 440
Sheflield, Joseph 676, 689, 807
Sherritf, Abraham 503
Sherrif, pd 238
Shirela. John 728, 729
Shove, Edward 2.50
Showell, Henry 503
SH0TE, Gov., 4; speech, 23, 43, 44; pd. 73: in England, 91, 108, 122, 126, 128, 156, 168, 173, 221, 224, 225, 251, 265, 281, 319, 322; letter, 324, 456, 469.
Shurtleff, VVm. Rev 21, 413, 414
Simpson, Jos 334, 503
Skinner, John 503
Slade, Mr 840
Slaves, Negro and Indian, 245, 301, 305,
497 499. Smal, Susanna, 73, 75, 97, 142, 107, 174, 201; Mr. 342, 343; 3.37; 383.
Smith, David 765
Jabez 789
James 9
Jacob 113, 366
Joseph 155, 389, 658
John 256, 260, 715, 728 ; Rep. 816
Sam'l, 657 ; liep. 671, 700, 709, 715.
Smith, Samuel 797, 816
Thomas 22, 230, 256, 728
Snow-shoes 66, 338
Souldiers, .30, 52; impressed, 43, 160; pay to, 182, 183, 404.
Sophia, I'rincess, 18
Spain, war 240
Spalding, James 503
Speech, Gov. Shute, 23; Lt. Gov. 46, 49, 54, 60; ans. 62: 81, ans. 82; 87, ans. 90; 107; 128, ans. 129; 148, ans. 156; 168, ans. 173; 187, ans. 197; 205, ans. 213; 240, 261, ans. 264; 286, ans. 290; 295, ans. 296; 363, 464, Belcher, 562; ans. 5tH: 566, 567, 573, ans. 576; 579, 589, ans. 591; 600, ans. 601, 607; 615, ans. 617; 623, 630, ans. 6.32; 640, 644, 647, ans. &53; 662, ans, 664; 666, 673, 679, 683, ans. 684; 685, ans. 688; 697, ans. 707; 711, 712, 716, ans. 717; 726, 734, ans. 7a5, 742, 743, 762.
Spurling, James 9, 10, 503
Stanney
Stark, Ellis, see note, 810
State House 177, 583
Stephens or Stevens, Ebenezer, 21, 212, 214, 222, yjassm— Mr. 261,282, 423, 467, 628, 647; Rep.681, 701), 709, 762.
James 199, 780; Mr. 838
Thomas ,503
Stewart. John .300
Walter 165,393
Stilson, James 503
Strang ways, Mr 847
Stratliam, 5, 131, 239, 259, 305, 379, .389, 461,497.
•Sullivan, Humphrey 83
Superiour ((lurt, 33, .37, 475, 479
SutcliU', Capt 834, 8.38, 842, 848, 851
Swain, John 829
Margaret 43
Swine 37, 38, 41. 319
Tv\LCl-T, Gov 569, 572, 574, 577, 586, 649
Tarltou, Richard 503
Tax laid, 100, 105, 1.34; proportioning, 1.35, 1.39; ISO, 184, 186, 194, 241, 244, 3")7; 3.58, 380, 383, 407, 411; lax pavers in New Castle, 503; 511: 684, 6.50, 720, 747.
Tebets or Tibbets, John 510
Sam'l, 21, 37, 45. passim.— %1, 68, 101, 1.54, 163, '226, 260, 282, 311, 314, 321, 340, 467.
Tameson 510, 539
Thanksgiving.... ; 13, 08, 809
Thing, liarth'w, 21, 260, 267, 282, 467, 496, passim— b\Z, 591,618, 628, 6.33, 647, 650, 651, 671 ; Rep. 681, 791, 803, 807.
Bcnja 199
Sam'l, 21 ; Rep., 260, 267, 282, 294, 467, 493, 569.
Thomas, Benj 103, 125, .374
Thomlinson, John. 612; Capt. 629, 6.50; agent, 653, 6.55, 662, 669. 677. 687, 692, 693, 702, 705, 709, 719, 748, 749, 757, 830; correspondence, 833. Thompson, Benjamin 742
57
Ting, Klez-r 12
Titconie, Jam 230
Tippling liouscs 75
Tod, .Sam'l 244
To'ld, And'w 299
Tole, 777
Tollord, John 728
Toognod. Edward 97, 143, 167, 357, 397
Towcll, Kicliard 503
Town-commons 140; new, 431
Grants 1.56
Treasurer's accounts, 336. 704
Treatv at Casco, 254-256; 407
Tredwell, Charles .563
Treferine, Henry 503; (2d) 503
Foster 503
James 503
Triennial Assembly, 263, 265, .370, 423, 46S, 469, 472, 489.
Xrundv, .357 ; John, 507, 545, 619, 658,
693, 724.
Trvon. Mr 847
Tuiidry, Mr 846
Tuckefman, John .503
Tiittle, Ebeuczer o'26, 552, .553
890
INDEX.
u
Umpha, Wm 300 I Underwood, Thadeus.
Underwood, John 102, 360 ! Ungle, Cba's
.503
V
Valuation 496
Vandrevil, Mons 163, 174
Varnev. Peter 776
Vaugban, Elliot 509, 510
Geo 98, 357, 508
Madam 638
Coll 360,475,538
Vaughan, Wm 508, 510
Veasie or Vaysey, Thomas 185, 404
Vennard, John 503
Vessels, Coasting 291, 292
Vodrell, Mou'r 401
Volunteers encouraged, 67
w
Wadel, John 728
Waddel, James 728
Wadleigh, Jno., Capt 68
Wages for ofiicers, &c 335
Wamwright, Jno., Esq, 12
Waldo, Sam'l 14, 15 ; Mr. 846, 8
Waldron, Rich., jun., 11, 21, 27, 48, 98; Cler, 185, passim— ^3, 248, 304, 340, 357, 360, 404, 465, 508, 547, 555, 586; death of Sen., 587; 767, 770. Walford, Jeremiah, 503, 604, 607, 608, 780; Capt., 799.
Wallace, Thomas 817
Wallingsford, Thomas 652
Walker, Geo., 21; Capt.,a99, 202, 231, 260, 278, 282, 288, 437, jwassini— 467, 508, 538, 628, 671, 674, 675, 700, 715.
Timothy 742
Walpole, Sec'y 168 ; Robert, 187
Walter, Eitz 850, 856
Walton, Geo., 21, 28; Rep., 588, 628, 630, 647, 671, 672, 681, 686, 700, 715, 774, 795, 816, 829.
Samuel 652
Shadrach, of the Council, 3, pas- A-M71— 18, 21, 37. 57, 69, 103, 125, 211, 219, 224, 253, 282, 317, 352, 374, 408, 415, 433, 465, 503, 569, 819.
Wanton, William, Col 568,574
Ward, Rich 234, 518, 542
Warren, Walter 159, 398, 507, 545
Waters, Sara'l 230
Wear, Daniel 166
Nath'l, 11, 14, 21, 206, 235, passim— 260, 261, 267, 282; chosen Speaker, disallowed, 283, 299, 388, 467, 485, 488, 513, 609, 715, 716, 745, 816. Peter, 13, 21, 31, 38, 45; Speaker, 46, 83, 103, 106: Coll , 118, 130, 156,161, 163, 181, 213, 256, 309, 317; Rep., 320, 321, 341 ; 606, 618, 628, 646, 656, 671.
Robert 299, 300
Weeks, Josh., Capt., 68, 108; Jos., 166, 671
Samuel 40, 172, 178, 234, 440
Wier, Eltas'r 539
Welch, George 503
Moses 396
Wells 53
Weuewenock 457
Wentworth, Capt., 27 ; Paul, 68, 198, .537, 539, 562, 628, 646, 671, 675, 681; Rep., 687, 700, 703, 715, 796.
Wentworth. Benja., 70, 102, 118, 138, 145, 165, 204, 382, 385, 393; dec'd, 420, 652, 86. Benniiig, 628, 633; Rep., 646, 651,
665, 794, 795, 8C6, 833. Eliza, Mrs., 652, 656, 658, 798, 799, 800.
John 405 ; jun., 428, 466
Wentworth, Joh>", Lt. Gov., 2, pat- sim—n, 18, 21, 32, 46, 54, 60; pd., 73, 81, 107, 124,144; 149; pay to, 166; 169. (Mr.) 185; 186, 190, 204, 206, 217, 218, 223, 230, 238, 240, 251, 256,261,280; speech, 286, 295; pay, 307,313; thanks to, 327; 342, 360, 361, 373, 384, 398, 417, 427, 431, 445, 458, 464, 485; new Com., 490; 569, 571 ; death oi; 587.
Samuel 587, 853
Sarah -2
Westbrook, Tho's, of the Council, 14, passi7n— 18, 208, 221, 224, 419, 612, 513, 769.
Wheelwright 8
Whidden, Michael 619, 658, 693, 723
Whiting, James .'..728
Col. John 568
Col. Wm 569
White. Joseph 256; James, 728
Joshua .503
Nathan 503; (2d) 503
Samuel 507, 545
Willem 728
WiBiRD, RiCH'D, 2, of the Council, pas- sim~A, 6, 18, 21, 25, 31, 35, 77, 89, 109, 119, 150, 162, 181, 211, 233, 253, 299, 360, 465, 595, 619, 625, 693, 723, 810, 86.
Wilcut or Wolcut, Maj 573. 574
Wilks, Mr 849; Francis, 857, 860, 864
Willson, James 728, jun. ; 728
Hugh 728
Robert 728
William 728
Wiggan or Wiggins, Andrew, 21, 24, 26; 36, 40, 45, 50, passim— U, 90, 101 ; Capt., 139, 149, 166. 185, 210, 231, 261, 266, 282; Speaker, 286, 297; 311; Rep., 320, 342, 387, 404. 466, 467; 588, 628, 647, 655, 671, 677, 681, 684, 687, 700, 705, 709, 715, 710, 774, 795. 809, S46. Wilkinson, 1 Immas 97
INDEX.
891
■\Vilkisou 367
AVillard, Sec'y 2; Sam '1,256
^VilluugLby, Lt. Gov 587
Willson. John 100, 174, 356, 503
William 503
William, King 378
Williams, Daniel 503
Lazarus 503
Winget, John 69, 70, 244
Josh 21, 48, 212, 260
Or Winjrate, 267, 282; Rep., 460, 467, 507, passim— bi3, 545, 582, 768.
Winslield 848
Winkley 3
Winnipishokcy Tond, 2, 41,44, 53, 56; block houge, 58, 61, (j2, 69, 70, 88, 197, 222, 270; road to, 314,318,325; 329, 331; survey, 477, 566, 740, 743, 790.
Winter, Thomas ; 503
Wiwarna 457
Wolves, heads 199, 203 ; 416, 693, 723
Wowenock tribe 257
Wright, Tho'8 672, 675, 806
Yeaton, lienj 8, 503
John 503
Joseph 603
Richard 503
York.
T
.53 I Young, Eleaz'r.
70
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